coke a the lord SANCHARS case Trin James a indictment in Middlesex of a  accessary before the fact in Middlesex to a murder commit in London ought to  recite lack that the principal commit the murder in London the justice of the  king bench be within the word justice of gaol delivery or oyer and terminer  two the Act e c coke report b er p and during term time such accessary in  Middlesex can be indict c at Newgate before commissioner of oyer and terminer  for the county of Middlesex if such accessary be indict in the king bench  there need not be fifteen day for the return of the venire facias if a procure  b to commit a murder and b associate to himself c the best way be to indict a  as accessary to b only if the principal be erroneous attaint either for error  in the process or because the principal be out of the realm c be outlaw or be  in prison at the time of the outlawry c yet the accessary shall be attaint for  the attainder against the principal stand till it be reverse SC Howell state  trial Wilson hist Robert Creighton Lord Sanchar a baron of Scotland of his  malice prepense at Westminster in the county of Middlesex incite and procure  Robert Carliel to kill John turner who accord associate himself with one James  Irweng the that of may now last pass kill the say John turner within the city  of London and the king in his zeal for justice in this case immediate send for  the two chief justice and chief baron and command there shall be speedy  proceed against the Lord Sanchar accord to law to which the justice answer  that the Lord Sanchar be but a accessary in this case and therefore he a   b a  can not by law be convict before the principal be attaint but if the principal  can be apprehend then both may be attaint with more expedition than can be if  the principal shall be attaint by utlagary then it be ask how the Lord Sanchar  be a ancient baron of Scotland shall be try and it be answer by they that none  within this realm of England be account b   light b   a calvin case Inst Inst  b c b a peer of the realm but he who be a Lord of the parliament of England  for every subject either be a Lord of the parliament or one of the commons and  the Lord Sanchar be not a Lord of parliament within this kingdom and therefore  shall be try by the commons of the realm coke b videlicet knight esquire or  other of the commons and therewith agree our book as well ancient as other   b  a calvin case a e brief r b Fitzherbert process   b calvin case b process pl  utl c   b calvin case Br Nosme de dignity c e a b Elizabeth d   b a calvin  case die pl   light b d then the king ask in what court after the principal be  attaint the Lord Sanchar shall be try and the justice answer that forasmuch as  the procurement be in Middlesex it be most convenient to try he in the king  bench and thereupon the king resolve that he shall be not commit to the tower  but to the prison of the king bench where he may be if occasion require soon  and easy examine than if he shall be commit to the tower and the king command  the say justice that all thing shall be prepare for the legal proceed and that  he will endeavour to cause not only the principal but other also who may  discover the truth of the fact to be apprehend and thereupon the say chief  justice confer with the other justice of the king bench before who the Lord  Sanchar shall be try and before they diverse question be move concern the  legal proceed in this case upon the statute of e e c Inst e e c by which it be  enact as to this point in this manner and further be it enact by the authority  aforesaid that where any murder or felony hereafter shall be commit or do in  one county and another person or more shall be accessary or accessary by any  manner of wise to any such murder or felony in another county that then a  indictment find or take against such accessary or accessary upon the  circumstance of such matter before the justice of the peace or other justice  or commissioner to inquire of felony where such offence of accessary or  accessary in any manner of wise shall be commit or do shall be as good and  ineffectual in law as if the coke report a er p principal offence have be  commit or do within the same county where such indictment shall be find and  that the justice of gaol delivery or oyer and terminer or two of they of or in  such county where the offence of any such accessary shall be hereafter commit  and do upon suit to they make shall write to the custos rotulorum or keeper of  the record where such principal shall be hereafter attaint or convict to  certify they whether such principal be attaint convicted or otherwise  discharge of such principal felony who upon such write to they or any of they  direct shall make sufficient certificate in write under their seal or seal to  the say justice whether such principal be attaint convict or otherwise  discharge or not and after they coke a that so shall have the custody of such  record do certify that such principal be attaint convict or otherwise  discharge of such offence by the law that then the justice of gaoldelivery or  of oyer and terminer or other thereto authorize shall proceed upon every such  accessary in the county or county where such accessary or accessary become  accessary in such manner and form as if both the say principal offence and  accessary have be commit and do in the say county where the offence of the  accessary be or shall be commit or do and that every such accessary and other  offender above express shall answer upon their arraignment and receive such  trial judgement order and execution and suffer such forfeiture pain and  penalty as be use in other case of felony any law or custom to the contrary  heretofore use in any wise notwithstanding a and upon this statute diverse  question a be move if the indictment in the county of Middlesex of the  accessary shall recite that the principal be indict before commissioner of  oyer and terminer in the city of London as in truth he be or if the indictment  shall recite in facto that the principal commit the murder in London c and it  be resolve that the indictment in Middlesex shall recite lack that the  principal commit the murder in London for the recital that the principal be  indict of murder in London be no direct affirmation that the principal commit  the murder for the indictment be but a accusation and in lieu of the king  declaration which may be true or false and this agree with former precedent  and accord the indictment be draw upon which the accessary be convict as  appear before by the indictment itself the second question move upon the  statute be if the b justice of the king bench be within those word justice of  gaoldelivery or oyer and terminer and it be object that the king bench be the  high court of ordinary justice in criminal cause within the realm and  paramount the authority of justice of gaoldelivery and commissioner of oyer  and terminer and as it be hold in ass be c more than the eire for they shall  examine the error of the justice in eire gaoldelivery and oyer and terminer  and therefore in as much as the justice of the king bench be paramount and  superior over all the other they can be include within their inferior  videlicet justice of gaoldelivery or of oyer and terminer also the justice of  the king bench have a distinct and supreme court and the justice of  gaoldelivery and oyer and coke b terminer other distinct and subordinate court  and therefore it be adjudge hill Elizabeth Reg in the king bench that where r  d smith be indict of forgery of a false deed at the session of e peace in the  county of Oxford and the statute of Elizabeth c which inflict the punishment  and upon which Act the indictment be ground provide that the indictment shall  be take before justice of assize and justice of oyer and terminer and although  the justice of peace by their commission have power to hear and a by stat Geo  III c accessary before the fact to felony may be try either in the county  where the principal offence be commit or in that where the offence of become  accessary be commit a Inst Fost stark c p b Inst mark Br oyer and terminer  Inst Cawley postea b c Stanf cor a Inst Fitzherbert assize Br Esc Br law  postea b Br judge justice c   b   b d cro Elizabeth Inst cawl e Cr Elizabeth  cawl Savil h PC coke report b er p determine felony trespass c and have a  express clause ad to hear terminand so that they be as it be urge justice of  oyer and terminer yet it be resolve per tot cur that because there be a  commission of oyer and terminer know distinct by that name and the commission  of the peace know distinct by another name that the say indictment be not well  take and therefore be quash but it be resolve that the a justice of the king  bench be the sovereign justice of gaoldelivery and of oyer and terminer and  therefore they be include within the say word and therefore it be hold in e a  h that if a indictment of forcible entry be remove into the king bench the  justice of the king b bench shall award restitution and yet the statute of h c  speak only of justice of the peace but the reason be because they have the  sovereign and supreme authority in such case and accord to this resolution the  justice of the king bench write accord to the say Act to the justice of  gaoldelivery in London before who the principal be c who certify the record c  as appear before at large it be move if the Lord Sanchar can not in termtime  be indict arraign and convict at Newgate before commissioner of c oyer and  terminer for the county of Middlesex and it be resolve he can not for the king  bench as have be say be d more than eire and therefore in e termtime no  commissioner of oyer and terminer or gaoldelivery by the commonlaw can sit in  the same county where the king bench sit for f in prsentia majoris be remiss  potestas those inferior in rank and therewith agree ass p but Carliel and  Irweng be indict and attaint in London where the murder be commit before  justice of oyer and terminer in the g term time because in another county than  where the king bench sit it be move if the Lord Sanchar be indict in the king  bench if there must be h fifteen day for the return of the we fa for if day be  requisite he can be arraign this term and it be resolve not because the  offence be commit in Middlesex where the court sit but if the indictment have  be take in any other county and remove thither there ought to be fifteen day c  and therewith agree the precedent and the continual usage of the same court it  be resolve that forasmuch as there be not any a direct proof that James Irweng  be command or procure by the Lord Sanebar to commit the murder but that he  associate himself to Robert Carliel who be procure by he that the I best way  be to indict the Lord Sanchar as accessary to Robert Carliel only for  indictment which concern the life of man ought to be frame as near the truth  as may be et eastern rather because they be to be find by the oath of the  grand inquest which find be call veredictum king quasi dictum reality and yet  it be resolve that if one be indict as accessary to two and he be find  accessary to one the verdict be good vide the stat of W c m by which it be  enact that none be outlaw upon appeal of commandment force aid or receipt  until he that be appeal of the deed be attaint so that one like law be use  therein through the realm which be but a affirmance of the commonlaw for there  can be a accessary unless there be a principal no more a h PC Cawley Inst  before a mark Br oyer terminer Inst b kelw a b die pl   a b a roll Rep Br  forcible Entre Dall pl Dall in kelw pl Dall in ash pl Fitzherbert Entre Br  restitute dalt just c jenk cent c h PC Inst Inst d Stanf cor a Inst  Fitzherbert assize Br escape Br jurisdiction ass pl Br judge justice c before  a   b Inst   b Inst post a Inst h PC   light b I Inst king   light a   b I  Inst hale Fost stark c p m Inst Inst king b way coke report b er p than there  can be a shadow unless there be a body but this word appeal have two  signification in law one general and that be take for a accusation general and  accusation be duplex either by inquisition I e by indictment and that be at  the suit and in the name of the king or by the party and in his name as in  appeal by writ or bill b or second by appeal I accusation of a approver and  therewith agree all our book and Stamf de Plac cor c f b where he say after  the confession of the crime the felon may appeal S accuse other coadjutor with  he to do the felony and in this particular sense for accusation of the party  it be often take and as there be two manner of accusation so there be two  manner of attainder of felony S by judgement give S one at the king suit and  the other at the suit of the party and both these attainder be in two manner  one after upon appearance and the other upon default after appearance two way  S either by verdict or confession and at the suit of the party a three way S  by battle upon default by process of outlawry where judgement be give by the a  coroner or by those who a Act of parliament and custom have enable and in the  stat of W b these word upon appeal of commandment c be to be intend of a  accusation general S by indictment as by writ or bill c and these word until  he that be appeal of the deed be attaint be mean of all manner of attainder  either at the king suit or at the suit of the party and either upon appearance  or upon default and afterward in the same Act provision be make for the appeal  of the party which imply that the word appeal shall be take in the general  sense it be resolve that if the principal be c erroneous attaint either for  error in the process or because the principal be out of the realm c be outlaw  or that he be in prison at the time of the outlawry c yet the accessary shall  be attaint for the attainder against coke b the principal stand till it be  reverse and therewith agree d r the resolution of all the justice in the king  bench and in e b the e principal be erroneous outlaw for felony and the  accessary take indict arraign convict attaint and hang and afterward the  principal reverse the outlawry and be indict and arraign of the say felony and  find not guilty by which he be acquit and all this appear in the say book then  it will be demand that forasmuch as there can be a accessary unless there be a  principal and in this case there be no principal how the heir of the accessary  shall be restore to the land which his father have forfeit by the say unjust  attainder to that it be to be answer that the heir may enter or have his  action for now upon the matter by act in law the attainder against his father  be without any writ of error utter annul for by the reversal of the attainder  against the principal the attainder against the accessary which depend upon  the attainder of the principal Self facto be utter defeat and annul a and this  notable appear in a ancient book in the time of e title mordauncest where the  case be a be indict of felony and b of the receipt of a a eloined himself and  be outlaw b be take and put himself upon inquest and find guilty for which b  be attaint and hang and the lord enter as into his escheat and afterward a  come and reverse the outlawry and plead to the felony and be find not guilty  by which he be acquit whereupon the heir of b bring a b mortdancester against  the lord by escheat who come and show all this matter and there be a demurrer  upon it and it be award that the heir of b shall recover seize of the land for  if b be now alive he shall go quit by the acquittal of a because he can not be  receiver of a felon when a be no felon and all this appear in the b appeal of  murder treason felony and other offence be abolish by stat Geo c a   b   light  b Cr Elizabeth b W c Inst c Ant a b r b Fost hale d Ant b r b Br cor a hale  foster Russ Ry c c r coke report a er p say book vide e b in dower e a in  assize Redis h h e e e h b h and vide the case of sentence of deprivation c of  one and presentment institution and induction of another and after by relation  of a general pardon Self facto all be restore without appeal or new  presentation admission or institution c quod vide d die notam reader to oust  all question to what gaol offender shall be commit it be enact by the statute  of e h c that none shall be imprison by any justice of peace but only in the  common gaol save to lord and other who have gaol their franchise in that case  by which it appear how justice of peace offend who commit felon c to either of  the compter in London and other prison which be not common gaol but forasmuch  as several person have earnest desire to know the circumstance as well of the  proceed as of the fact itself I will comply with their request coke a a brief  recital OF the fact occur in the say case Robert Creighton baron of Sanchar a  scotchman about five year ago play at foil with John turner a fencingmaster  and it happen that turner in play strike out the baron eye with his foil upon  which the baron find himself impatient under so great a affront and not able  to hear the loss of his eye without have his revenge resolve to procure some  body to kill turner and among his other servant he prevail upon Gilbert grey  and Robert Carliel scotchmen two of his follower to shoot turner upon the  first opportunity that shall offer these two then undertake to accomplish this  design and industrious endeavour to execute it but on the nine day of may last  grey repent of a purpose and act so barbarous vile and bloody be touch with  the motion of the holy ghost resolve to proceed no far which the baron of  Sanchar be inform of and that grey slacken in his promise Robert Carliel as be  aforesaid undertake to execute what he have promise who on the eleven of may  follow associate himself with James Irweng a scotchman of the frontier about  seven oh clock in the evening come to a house in the friar which turner use to  frequent as be come from his school which be near that place and find turner  there they salute one another and turner with one of his friend sit at the  door ask they to drink but Carliel and Irweng turn about to cock the pistol  come back immediate and Carliel draw it from under his coat discharge it upon  turner and give he a mortal wound near the leave pap so that turner after have  say these word Lord have mercy upon I I be kill immediate fall down whereupon  Carliel and Irweng flee Carliel to the town and Irweng towards the river but  mistake his way and enter into a court where they sell wood which be no  thoroughfare he be take Carliel likewise flee and so do also the baron of  Sanchar the ordinary officer of justice coke b do their utmost but can not  take they for in fact as appear afterward Carliel flee into Scotland and grey  towards the sea think to go to Sweden and Sanchar hide himself in England the  impediment of justice difficulty of law and impossibility of legal proceed to  take Carliel the principal which be in this case be remarkable and worthy  consideration the cure and remedy of the whole ought to be only and whole  attribute to the great care of his most excellent majesty and to his perpetual  love and zeal for justice as will clear appear by what follow the impediment  of justice be two the truth of this fact touch the baron of Sanchar can not  appear because c Inst hob Cr Elizabeth more Owen palm c Vid dote b case of  pardon   a d die pl e Brownl Inst cro Elizabeth coke report a er p it consist  only in the word of his mouth by incitation and procurement but by grey and  Carliel who be flee or by himself and he be likewise go it be not as yet know  whither they be flee and it can not be find out by all the search and  diligence which be use by the officer and magistrate of justice the difficulty  of law be manifest by the forgo resolution impossibility of legal proceed it  be impossible by legal process to apprehend the body of Carliel be in Scotland  it be impossible also to proceed against the baron of Sanchar who be but a  accessary before the principal be attaint a thing which will have require a  very long proceed if he have not be take now therefore let we behold here the  love and zeal which his majesty always have for justice who be inform by some  of his principal judge with who he have consult touch the nature of this  present case and find if this fact shall be leave to the ordinary proceed of  the law Carliel the assassin coke a can not be take and that no ordinary power  have be able to find grey the witness nor Sanchar the author lo the king by  proclamation give authority to any person whatsoever to apprehend these three  with a promise of great reward for their apprehension upon this the baron of  Sanchar well know that the principal assassin and the witness be flee  surrender himself and deny that he incite or procure the fact wherefore his  majesty send post to the seaport the gate of the kingdom as also into Scotland  and the place of his dominion where his admirable prudence have hope of find  they and the Lord so crown his royal think and give such a blessing to his  zeal for justice that some of his courier take grey at the port of Harwich  ready to embark for Sweden and Carliel in Scotland think to cross the sea for  his great safety grey then be by his majesty command examine confess the whole  truth of the fact against the baron of Sanchar who likewise by his majesty  direction be confront with grey and particular examine touch certain article  special and pertinent dictate by his majesty himself confess by write under  his own hand that he have incite and procure this assassination and be press  thereupon by the question he discover a long and inveterate malice which he  have have with all the occasion and material circumstance of this murder his  majesty have regard to that which the holy ghost admonish we of because non  prefertur quickly contramalos opinion without fear any son man perpetra mala  give order two day after that Carliel the principal shall be bring to London  Irweng in full term a thing not usual may be that be and James e carry before  the justice at Newgate and attaint and convict and a few day after the baron  of Sanchar be likewise attaint and convict at the king bench in full term and  in a short time after coke b to accomplish his majesty zeal for justice the  baron Sanchar be a hang public in termtime at the palace of Westminster accord  to the judgement and sentence which he have before receive I have report this  case with all the circumstance because this example have not its parallel for  although it be true that the late queen mary be very famous on account of the  exemplary justice which she cause to beexecuted upon baron Sturton for the  barbarous murder of Harquil yet this present example of the baron of Sanchar  very much surpass that of the baron of Sturton and that for many consideration  because the baron of Sturton be take by the ordinary course of the law even  within the kingdom but the principal in this case can not be take by any  common power but by mean of his majesty royal and absolute power only the  baron of Sturtons offence be very apparent and without any difficulty of law  on the contrary this of Sanchar be thereof as appear very full but by his  majesty command all these difficulty with the conference and grave  consideration of his principal judge after search of case precedent be resolve  and clear up and notwithstanding the impediment difficulty and impossibility  in legal proceed great expedition be use in this case than in that in short  the accomplishment of the whole the clear up the truth of the fact in the case  of the baron of a Inst coke report a er p Sanchar must be attribute to the  great wisdom power and vigilance of his majesty as appear by that which have  be thereof say before the baron of Sanchar be a man of a very ancient and  noble family in Scotland he be a man of great courage and wit endow with many  excellent gift as well natural as acquire the eloquence of his discourse with  the civility and discretion of his behaviour when he come before and go from  the judge compel the people who honour he on account of his moral coke a  virtue and those for his sake to bewail his fall with great grief although the  occasion of it be this base and barbarous assassination premeditate for five  year together with a malice bloody and inveterate this extraordinary affection  of the people be as he himself confess a very great consolation to he in his  last trouble and affliction but at last their compassion abate because they  perceive he die papist obstine a obstinate papist case in the court OF ware