Pasch. 9 Jacobi Regis.
Accessary in Treason, &c.
Note, That in Trespass and Treason, there are no Ac∣cessaries, but all are Principles: But in Felony, above the sum of 12 d. there, and in case of death, &c. there may be Accessary as well before as after. In Petit larceny there can be no Accessaries, for the smallness of the Fe∣lony: Then the Case is, A. Counterfeits the Great Seal of England, and B. knowing that he did Counterfeit it, receives, abets, and comforts him. If B. in this Case be Guilty of Treason, is the Question: And it seems he is not; for though A. by the Counterfeiting be a Traytor, yet the abetting, &c. cannot make B. an Accessary, be∣cause at the time of Counterfeiting it, he did not know it; but if one before the Act be done, procure another to Conterfeit the Great-Seal, there it is High-Treason; and in the Indictment he may be charged with the Fact. And this appears to me very evident in Reason, and agrees with our Books; as 19 H. 6. 47. 6. he who is consenting to the making of false Money, commits High-Treason, for he is Particeps Criminis before the Fact: But it is held in Conyers Case, Mich. 13 & 14 Eliz. Dyer 296. that in the same Case, if one after the Fact done know thereof, and receive the Party, this is but Mis∣prision of Treason; and with this accords 3 H. 7. 10. which diversity Stam. Pleas of the Crown, fol. 3. hath well observed. Vide Dyer 298. vide le Stat. 27 Eliz.