PRESENTMENT.-Continued. Why coroner's inquest of a fugam fecit is conclusive, and not that of grand inquest, or petit jury. ii. Page 154 If party be presented to have suffered an escape, because at least he is to be fined, he shall have his traverse to it. ib. But if escape be presented upon a vill, it is not traversable, and why. 603. ii. 154 Indictment against city of London for an escape traversable. ii. 154, 155 A presentment of a riot, or forceable detainer by a justice, or two justices of peace is a conviction by stat. ii. 155 Presentment of justices of peace of default in repairs of an highway, traversable. ib. Inquests must be returned to be probi & legales homines de comitatu prædicto. For presentments before coroner. Vide CORONER. Vide INQUEST OF OFFICE. ii. 167 PRIEST.-Vide CLERGY, FELONY BY STATUTE, RELIGION. Who shall be said principals in felony in the first and second degree. 233, 437, 615 233, 613, 615, 618 Accessaries before and after described. In treason no accessaries but all principals, so procurer before, or a knowing receiver after; but whether a knowing receiver of a counterfeiter of the great, or privy seal, or the coin be a principal in treason. 234, 237, 613 Whether receipt of a felon after attainder in same county makes an accessary without notice. Consenting to a felony makes a man principal or accessary, bare concealing, only misprision. 323, 622 374 If servant or wife be of confederacy to kill the husband or master, and be in same house where he is killed, tho not in same room, they are principals, and guilty of petit treason, for it is a presence; and so in other cases. 379, 439 There are principals and accessaries both before and after in petit treason. 381 If one take poison by persuasion, but in absence of another, and die of it, persuader is principal in murder. 431 Counselling, commanding, or directing killing a man, if he that counsels, &c. be absent, makes him accessary before to the murder. 435 In case of poisoning, he that counsels another to give poison, if he doth it, he, who counsels it, if absent, but accessary before. 435, 615 PRINCIPAL AND ACCESSARY.-Continued. He, who lays, or gives poison, tho absent when taken, is a principal. Pages 435, 615 If A. command B. to beat C. and he beat him to death, murder in B. and if A. be present, murder in him also; if absent, he is accessary. ib. If A. counsels B. to poison his wife, B. obtains poison from A. and gives it to his wife, who ignorantly gives it to a child, this is murder in B. but A. who was absent, is not accessary to the murder, because the command shall be construed strictly. 436 If A. counsel B. to beat C. with a small wand, if B. beat him to death with a great club, A. is not accessary. ib. If A. counsel B. to kill C. and before the fact done countermands it, if B. does it afterwards, it is murder in B. but A. not accessary. 436, 452 In manslaughter there can be no accessaries before, nor in homicide se defendendo. 437, 450 If A. be indicted of murder, and B. as accessary before by procurement, and A. be found guilty only of manslaughter, B. shall be discharged. ib. ib. All present and assisting to murder, principals. In burglary or robbery, those who watch at lane's end, &c. tho not actually present, burglars, or robbers. 439, 534, 537, 555, 563 Otherwise on 39 Eliz. that act binds up exclusion of clergy to stealing in the house. 537 ib. Persons ready to aid, tho but lookers on, principals. Divers come with one assent to do mischief, as to kill, rob, beat, &c. and in execution thereof one commits murder, all principals. 440, 441 Divers aiming to rob a person charge him with felony, one robs him, robbery in all; but without such intent, rest not guilty. ib. If A. comes in company with B. to beat C. and B. beat him so that he dies, A. is principal. ib. Several rioters in a house, some issue out and murder one within view, who came to constable's assistance, all within the house who abetted the assault, principals. 463 468 1 Jac. ousts none of clergy but him who stabs, not even persons present and assisting. Where principal agent shall be excused from felony, and principal in second degree be guilty. 514 All that come in company to rob, principals, tho one only do it. 533 Where one may be principal in robbery, tho neither actually PRINCIPAL AND ACCESSARY.—Continued. present at the assault, nor robbery, nor assenting thereto. Pages 534, 537, 538 704 In acts making felony accessaries before and after implied. 613, 614, 615, 632, 644, 704 Whether act making offense felony in offenders, their counsellors, procurers and abettors, and being silent as to accessaries after, extends not to accessaries after. In treason, whether principal in first degree shall be tried before those in second degree. 613. ii. 223 In cases criminal, not capital, no accessaries. 530, 613,616, 618 Accessaries after to crimes not capital by receiving offenders cannot be in law under any penalties as accessaries, unless the acts inducing the penalties extend to receivers, or comforters, as some do. 613 Maintainers in certain acts denote maintainers of offense, and not parties. ib. Where an act makes a felony, it incidently makes such accessaries as would be accessaries before or after to a felony at common law, but the special penning sometimes varies the case. 613, 614, 615, 632 But if the act express accessaries before and not after, there can be no accessaries after. 614 Accessaries after an offense of a lower degree than accessaries before. 614, 615 Procurers, counsellors and abettors import accessaries before. Receivers or comforters accessàries after. 614 ib. In offenses unpremeditated no accessaries before, as per infortunium, &.c. 615, 616 Words of bare permission make not an accessary. 616 All present, when poison infused, principals; but hiring another to do it, without being present, makes him only accessary. 617 ib. Buying materials of poison makes party only accessary. ib. Where the execution varies from the command in person slain, or in nature of offense, commander is not accessary; contra, where offense is only varied in degree. A. gets B. with child, and before the birth counsels B. to kill it, child is born, B. murders it, A. accessary. ib. Where the instrument, as a madman, or wild beast cannot be a principal, party, tho absent, is principal. A. commands B. to kill C. and before the fact repents and countermands it, yet B. kills him, A. not accessary; contra, if he had not countermanded it. ib. 618 PRINCIPAL AND ACCESSARY.-Continued. A. knows B. hath committed a felony, but conceals it, not felony, but misprision. Page 618 A. sees B. commit a felony, but consents not, nor takes care to apprehend him, not accessary, but finable. ib. A. knowingly suffers a felon in his house to escape before. arrest, not accessary; but contra, if corrupted by money. 619 So if he shut fore-door, and deceive pursuers, this being an act, and not bare omission, he is accessary. ib. 620, 621 A. hath his goods stolen by B. if A. receives his goods without any contract to favour him, it is lawful; but otherwise theft-bote, but yet A. not accessary. ib. Where receipt of stolen goods [before 3 & 4 W. & M. &c.] made an accessary, or not. 619, 620. ii. 150 Relieving a traitor or felon in prison or bailed out, makes not an accessary. Conveying instruments to a felon to break prison, or bribing gaoler to suffer an escape makes an accessary. Writing in favour of a felon for his deliverance, or instructing him to read to save him by his clergy makes not party an accessary. ib. If A. be committed for felony, and B. an attorney, advise the friends of A. to write to the witnesses not to appear against him, who writes accordingly, this makes neither B. nor the friends accessary, but punishable, and how. 621 ib. A husband receiving the wife may be an accessary, but not wife for receiving the husband. ib. If the wife alone, without his privity, receive a felon, she only accessary. ib. If they jointly receive a felon, it is only the act of the husband. ib. Accessary cannot be, unless felony committed; A. wounds B. dangerously, C. receives A. then dies, C. not accessary. 622 One may be accessary to an accessary by receiving him, knowing him to be an accessary to felony. ib. No accessary in receipt of a felon, without knowing that the party hath committed a felony. Accessary may be indicted with principal, or severally. ib. 623. ii. 223 An accessary before or after in another county, than were principal felony committed, dispunishable at common law. ib. By 2 & 3 E. 6. accessary indictable in county where acces PRINCIPAL AND ACCESSARY.-Continued. sary, and to be tried there; this act gives no power to justices of peace. Page 623. ii. 44 Justices before whom foreign accessary is, shall write to those before whom principal is attaint, for record of attainder, and how the writ is to be. 623 Process of outlawry must stay against accessary till principal attaint. 623. ii. 200 Accessary shall not answer till principal be tried, but otherwise, if he will wave benefit of the law. ib. But if he wave it, necessary to respite judgment till principal be convict and attaint, for if principal be after acquit, conviction of accessary annulled; but if acquit of the accessary, acquittal good. 624. ii. 224 If he be indicted as accessary to three, he shall not be arraigned till all the principals be attaint or outlawed; but if he be indicted as accessary to one of them only, if that one be attaint, tho the others be not, he shall be arraigned. 624. ii. 200, 201 But the court may, if he be indicted as accessary to three, arraign him only as accessary to the party attaint, and if acquit of that, he may be arraigned de novo as accessary to the other two. ib. Best to respite arraignment of accessary till all principals appear, or be outlawed. ib. If principal and accessary appear, and plead together, they may be tried by same inquest; but principal must be first convict and attaint, and how jury to be charged. 624. ii. 223 If principal plead in bar, or abatement, accessary not to answer till plea determined; if plea maintained, accessary discharged, if overruled, principal shall plead over to felony, and may be acquitted. ib. If A. be attaint of murder on an appeal, and then A. is indicted of murder as principal, and B. as accessary, principal pleads former attainder, B. shall not be put to answer as accessary, because he is not attaint upon same suit; and so it is, if attainder of A. were first on the appeal. If principal was acquit, or convict, and had his clergy, a pardon, &c. accessary should not [before 1 Annæ] have been arraigned; contra, if after attainder. 625 598, 625 If principal be erroneously attaint, accessary shall be arraigned, but principal reversing his attainder, reverseth also attainder of accessary. 625 One acquit as principal cannot be indicted as accessary |