SECT. VII. Diuers appeales for one felony is but in few Cases.

BY the ancient Law one might haue diuers appeales, against the principall, one▪ and against the accessory, another, as appeares by the old Writers. And 28. E. 3. fol. 90. But since that time the Law hath béene changed, so that vnlesse in a few speciall cases a man can haue but one appeale, which must comprehend both principals and ace•s•aries. And therefore 9. Her. 4. fol. 1•. in appea•e against two, whereof the one was present, and the other appeared not, the Plaintiffe declared against the••oth, and the Law which compelleth to declare at one time a∣gainst all the appeales, compelleth to make but one ap∣peale. The case was, 47. E. 3. that a woman brought an appeale against one as prin•ipall, which was attainted and hanged at her suit▪ and then shée brought an appeale against two others of the same fellony, against one, as Page  348 principall, and against another, as accessary, and awarded que el prendrariens {per}son breif.

And so should it haue béene if the first appealée had béene acquit, or if the appellant had béene at non-suit after ap∣pearance. 47. E. 3. to 18. and sée more of this matter St•m∣ford li▪ 2. cap. 15.