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The King against Page and Harwood.
Hill. 23 Car Banc. Reg.
THree men were endicted at an Assises in the Country for Felony,* 1.1 for killing of a man, the Endictment was framed upon the Statute of 1 Iac. made against Stabbing; They were all found guilty. He that did the fact was condemned, and executed: but because the Iustice of Assise doubted whe∣ther the other two wers Principles within that Statute, or but Accessories, they would not proceed to Iudgement against them; Whereupon they were brought to this Bar to be proceeded against for the Felony, and the doubt was, in regard they were only present, and abetting the person that did the fact, and used no Action towards the death of the party, whether they were Principles within the Statute, or but Accessories, Roll Iustice said, They are not Principles,* 1.2 but Accessories, and ought to have their Clergy: for the Statute of Stabbing being a penal Law, it shall be taken strictly and not extended to equity, and in Swinertons case Bramston, Barkley, and Iones, thrée of the Iudges of this Court directed the Iury, the Case being of the same nature with this, to find the parties only accessory. But the Iu∣ry in our Case have found them guilty as Principles, and I doubt upon that, whether the Tryal be good or no.* 1.3 Walker of Councel against the Priso∣ners said, the Statute of Stabbing makes no new offence, and therefore it is doubtfull,* 1.4 wheher it be necessary for the Endictment to conclude contra for∣mam Statuti. Roll Iustice said, it ought to be so. But Bacon Iustice doubted. The Court admitted the Prisoners to their Clergy, and they were burnt in the hand in view of the Court by the Hangman of London, and the Priso∣ners bound each for the other to their good behaviours, and to appear in Court the next Term.