An exact abridgment in English, of The commentaries, or reports of the learned and famous lawyer, Edmond Plowden, an apprentice of the common law.: Concerning diverse cases and matters in law, and the arguments thereupon; in the times of the reignes of King Edward the Sixth, Queen Mary, King Philip, and Queen Mary, and Queen Elizabeth, with the exceptions to the pleadings, and answers thereunto; the resolutions of the matters in law, and all other principall matters arising upon the same. By F.H. of the Inner Temple London, Esq;

Matters of the Crown at Salop.

IF one be present, and abet a Murtherer, he is [unspec 97] principall as well as he that kils the man, and shall be indicted although that the Murtherer flies, and be not attainted, because both are principals in the first and same degree. And he which abets, is not onely principall in the second degree, but if one be Indicted as accessary to two, he shall not be arraigned with the abettor, untill he which flies is also attainted, and adjudged, which agreeth with 40. Ass. 25.7. H. 4.29. and 36. b. And if the abettor be found guilty by one Verdict, and the Murtherer by another Verdict, is acquitted; now Judgement shall be respited against the abettor, for the Court will give more credit to the Verdict, which was charged directly upon the principal act, then another which is charged implicitely and ob∣lique.

FIve were Indicted of Murther of a Servant of Doctor Ellis's, and one venire facias awarded against all, and they severed in peremptory Chal∣lenges; yet the Jurors which were challenged shall be drawn against all upon the Challenge of one, although that the others challenge him not, but al∣low him.

1. Adjudged, for that the venire facias is intire, that the Court in discretion at the prayer of the At∣torney of the King, may sever the Jury and Tales thereupon.

2. They may make one Jury serve severally against every of them by himself.

3. The evidence given against the prisoners prove, That the Servant was killed upon malice prepenced to Doctor Ellis himself, which was in company at the time of the Murther. And the Court resolved, That this Malice to the Master, extends to the Servant, and all others which de∣fend the Master, and resist the malice of the Mur∣therers.

4. Resolved also, That if two are fighting of ma∣lice prepenced, and a stranger which hath no malice takes part with the one, and kils the other, this is manslaughter in him, and Murther in the other.

5. Resolved, if one be indicted of Murther, and found guilty of Manslaughter, and acquitted of the Murther, yet Judgement shall be given against him that he shall be hanged; for that the death of a man, which is the substance, is found, although that the circumstance is not, yet he was reprieved by the discretion of the Justices.

Notes

• 1. Mar. at the Sessions in Salop.
• 1 Mar at the same Sessions.