| Chap. 162. |
Felony.
Justice of Peace, &c.) until the Principal be attached and attainted.
See
Westm. 1. cap. 14. |
401 |
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But though the Accessary in Felony cannot be proceeded
against, until
the Principal be trued, yet if a Man upon subtilty and malice, set
a Madman
by some device to kill another, and he doth so; now for as much as
the Madman is excused, because he can have no will or malice, the law
accounteth the Inciter as a Principal, though he be absent, rather than
the Crime shall go unpunished. 33 Eliz. Ba. 57. |
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And if the Principal be attainted, though erroneously,
that shall not
avail the Accessary, but he must answer, &c. Co. 9.
68. b. & 119. |
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Co. 4. 43,
44.
P. Cor. 166
& 178.
Vid. Br.
Cor. 70, 71
80, 83, 86.
132, 138. |
If the Principal die before he be attainted, or
if the Principal be found
not guilty by Verdict, or be found by Verdict that he shew the other in
his own defence, or if after Conviction by Verdict, Confession or Utlary,
and before Judgment, he hath his Clergy, or getteth his Pardon, the Accessary
in all these Cases shall be discharged: But it is not safe for the
Justice
of Peace to discharge such Accessary out of Sessions. |
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Cromp.
34. b. |
A Man killeth another Se Defendendo, or by
Misadventure, and it is
so found upon his Trial; the Accessary shall be discharged. For that
in
these Cases the Principal shall not have Judgment of Death. Et
omne
Accessar. sequitur suum Principale. See Br. Forf. 13.
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1 E. 6.
Br. Cor.
178. |
Rules concerning Felony. CHAP.
CLXII. V. 109.
IF a Man committeth Felony in the time of one King,
he may be
charged and arraigned for it after, in the time of another King. |
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13 E. 4. 9.
Br. Fresh
Sute 3. |
If a Man do commit Murther, steal Goods, or do any
other Felony in
one County, and then flieth into another County, and is taken there,
and brought for a Justice of Peace there, he shall be (by the Justice)
imprisoned in the Gaol in the County where he is taken; and after shall
be removed by the Kings Writ into the Gaol of the County where he
committed the Felony. But for those that do inform against such
Felons,
the said Justice shall bind such Informers over to appear, and to
give Evidence against such Felons, at the next General Gaol-delivery, to
be holden in that County where the Tryal of such Murther or Felony
shall be; whither also the said Justice must certifie such Information
taken
by him. |
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4 H. 7. 5.
34 H. 8.
Br. Co. 171.
Co. 7. 2. |
If a Man committeth a Robbery, or stealeth a Horse,
Beast, or other
Goods in one County, and doth carry, lead or drive the Goods into another
County, it is felony in every County, whither he doth carry or drive
those Goods, and the Offender may be indicted or appealed of felony or
theft, and arraigned, and have his Judgment in any of those Counties:
But the Offender cannot be appealed or indicted of Robbery, but only
in the County where the Robbery was done; for it is not Robbery in
any other County; for Robbery must be done to the person of a Man.
Br. Cor. 140. & Indictment 26. |
County. |
13 E. 4. 3.
4 H. 7. 5. |
If a Man do steal another Mans Goods, and after
another stealeth the
same from him, the Owner of the Goods may charge the first or second
felony at his choice. |
Double. |
Pr. 130.
Cro. 70. |
Also if a Man shall deliver Cloth to a Tailer to
make a Garment, of the
Cloth be stoln from the Tailer, the Offender may be charged and indicted
for stealing the same, either at the Owners Suit, or at the Tailers. |
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