| Chap. 161. |
Accessaries.
Commandment shall be adjudged a party thereto, for that his Commandment
was the cause thereof, Plow. 475. |
397 |
|
He that commandeth or counselleth any evil or unlawful
act to be done,
shall be adjudged Accessary to all that shall insue upon the same evil
act,
but not to any other distinct thing. Ibid. As if |
Rule. |
| Plo. 475. |
A. commandeth B. to steal a Horse,
and he stealeth an Ox, or to steal a
White Horse, and he stealeth a Black; or to rob a man by the High-way
of his Mony, and he robs him in his House of his Plate; or to burn the
House of B. and he burneth the House of C. These be
other acts and Felonies
than A. commanded to be done, and therefore A. shall not
be adjudged
Accessary to them. |
|
|
But if B. shall commit the same felony which
A. did command or counsel
to be done, though he doth it at another time, or in another place, or
in another sort than A. did command or counsel, yet here A. shall
be Accessary
thereto; for Mandata illicita recipiunt latam & extensam interpretationem.
Vide Pa. 66, 67. |
|
| Ibid. |
As if A. doth counsel B. to kill C.
by Poyson, and killeth him with
his Dagger, or by other violence; or to kill C. by the High-way,
and he
killeth him in his House; or to kill him one day, and he killeth him upon
another day. In these, and the like cases, A. shall be Accessary
to the
Murther. |
|
| Lamb. 283. |
A. counselleth B. to poyson C.
and to that end, A. buyeth Poyson, and
delivereth it to B. who tempereth it in an Apple, and delivereth
it to C. with
intent to poyson him; and C. knowing nothing, giveth the Apple to
E.
who eateth it, and dieth thereof. Here A. is not Accessary
to the Murther
of E. yet it is Murther in B. Plo. 475, 476. |
|
|
A. counselleth or commandeth B. to
kill C. and after, and before he hath
killed him, A. doth repent him; and countermands it, charging B.
not to
kill C. and yet after it, B. doth kill C. Here
A. shall not be adjudged Accessary
to the death of C. for the Law adjudgeth no Man Accessary to a felony
before the Fact, but such as continue in that mind at the time that the
same felony is done and executed, Plo. 475. |
|
Dyer 186.
Co. 7. 9. a. |
But if A. counselleth a Woman to murther
the Child in her Body (when
it shall be born) and after the Child is born, and then the Midwife or
other Person, in the presence of the Mother, and by her commandment,
killeth the Child; although it be done in the absence of A. yet
he is Accessary
by his counselling it before the Birth, and not countermanding it,
Dyer 186. |
|
Lamb. 285.
14 H. 7. 31. |
A Man foreknoweth of a felony intended to be done,
and doth conceal
it, and so suffereth it to be effected: This maketh him no Accessary
to
the felony, except he consenteth thereto; but such Concealment seemeth
to be only Misprison of Felony, and finable. And yet the Rule is,
Qui
non prohibet, quod prohibere potest, consentit. Ideo quære.
' And Bracton,
' fol. 121. speaking of Murther saith thus, Ille, qui cum
possit hominem a
' morte liberare, non liberabit, immunis esse non debet a pœna. |
§. 6.
Misprison. |
Moors
Rep. p.
461. |
Note, That in Manslaughter there can be no Accessary
before the Fact,
for Manslaughter is upon a sudden falling out. |
|
Moors
Rep. p.
666. |
' See also in Forgery made Felony, by the Statute
all are Principals,
' Booths Case. |
|
| Co. 4. 44. |
Note also, That none shall have Clergy who maliciously
commandeth,
hireth or counselleth any Person to commit any Petty Treason, or wilful
Murther, or to do any Robbery, 4 & 5 ph. & Ma. c. 4.
See Dyer 183, 186.
& Co. 11. 35. |
Clergy. |
M m
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