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;

Sanders and Archers Case.

ARcher gave Poison to San∣ders to Poison his Wife, [unspec 474] and Sanders gives this to his Wife in a roasted Apple, which did eate part of it, and gave the residue to their daugh∣ter, being an Infant, and after the Wife recovers, and the In∣fant dyes, and it was adjudg∣ed Murder in Sanders, for which he was hanged, but not in Archer for he was acquit to be no ac∣cessary to this Murder.

First, For that Sanders had an evill intent of Murder at the beginning of his Act to kill his Wife; and therefore the consequent of his Act by which the Daughter dyes, shall be adjudged according to the commencement; So if a man shoots at one, and kills another, or lyeth in waite to kill one, and kills another; otherwise it is where he hath no ill intent of killing any, as to lay poyson to kill Rats, and one eates of it and dyeth.

Secondly, The consent of Archer to kill [unspec 477] the Woman, may not bee conjectured fur∣ther then he gave it; and therefore shall not extend to the death of the daughter which is another distinct Act; Otherwise it is if one had followed the other in one person: As if I command you to rob J. S. and he resists, and you kill him. So if I command you to beat him, and he dies of the battery: So if I com∣mand

you to burn the House of J. S. and you doe it, and by the fire the House of J. D. is burnt, I am accessary to both, because the commandement reacheth to all the sequell thereof, and is the cause of it; and therefore I shall be partaker of what ensues this ill Act commanded by me; otherwise it is if I com∣mand you to robb J S. as he is going to Stur∣bridge Faire, and you rob his House in Cheap∣side, for this is another manner of Fellony, and there are severall Acts: As if I command you to steale a white Horse, and you steale a bay Horse, or an Oxe, or burne the House of J. whereas I commanded you to burne the House of B. there I am not accessary; for that my assent may not be lyable to it, because it is a thing distinct and contrary to my commande∣ment directly: But if I command you to kill J. and you kill him by another meane or Instru∣ment another day or place then I command, there I am accessary, because the death is the principall matter, and the others onely the manner and forme, and the variance in the manner and forme of his commandement dis∣charges not me to be accessary: But if I coun∣termand this before you kill, I am not accessa∣ry, for the minde of the accessary ought to continue to doe evill at the time of the act done.

If [unspec 476] one be pardoned of Murder, and the wife of the dead sue an appeale, and a stranger re∣ceives him, and gives him Meate and Drinke, knowing of the Murder and Pardon, he is ac∣cessary to the Fellony against the Wife, al∣though that he is not against the King, because

this Fellony is discharged against the King, but remaines as to the Wife, per Catlin: But Popham held otherwise, because that at the time of the receipt, there is not any offence conti∣nuing against the Crowne and Dignity of the King, for that he was pardoned before, and one cannot be accessary without offence to the Crowne. But Plowden held, that if the Goa∣ler suffer him to escape after the Pardon, this is Fellony in him, because he suffers a Fellon to escape; for that he was in for Fellony, for he was detained in Prison at the suite of the Wife appellant.

Notes

• H. 18. El. the Report of the opinions of Dyer, Cheife Justice, and Barham, Ju∣stices of Assises in Warw.