The failure of justice, which resulted from this doctrine, is fully declared in the preamble to the st. 2 and 3 E. 6. c. 24., which provided a remedy for these defects against principals in case of homicide, and also against accessories to felonies in general.

The preamble recites, that "whereas it often happeneth and cometh in ure in sundry counties of this realm, that a man is feloniously stricken in one county, and after dieth in another county, in which case it hath not been founden by the laws or customs of this realm, that any sufficient indictment thereof can be taken in any of the said two counties; for that, by the custom of this realm, the jurors of the county where such party died of such stroke, can take no knowledge of such stroke, being in a foreign county, although the same two counties and places adjoin very near together. Ne the jurors of the county, where the stroke was given, cannot take knowledge of the death in another county, although such death most apparently came of the same stroke. So that the king's majesty within his owne realm cannot, (7) by any laws yet made or known, punish such murtherers or manquellers for offences in this form committed and done; nor any appeal (m) at some time may lie for the same, but doth also fail, and the said murtherers and manquellers escape thereof without punishment, as well in cases where the counties where such offences be committed and done may join, as otherwise where they may not

from the whole of the case, f. 17. and f. 34. appears doubtful, it seems to be clear, that they were not discharged generally, on the ground that an appeal for receiving in one county the principal after the felony in a second, was not maintainable; for it was expressly held, that

where the principal felony and
the receipt took place, in the
same vill, though in different
counties, an appeal lay. And it
seems that the coroner might no-
tice accessories in another coun-
ty. See p. 4. note, (i).
(1) But see p.

12.

(m) See

p. 3. note (i).

join. And also it is a common practice amongst errant thieves and robbers in this realm, that after they have robbed or stolen in one county, they will convey their spoil, or part thereof, so robbed or stolen, unto some of their adherents into some other county, where the principal offence was not committed or done, who, knowing of such felony, willingly and by false covin receiveth the same (n); in which case, although the principal felon be attainted in one county, the accessory escapeth by reason that he was accessory in another county, and that the jurors of the said other county, by any law yet made, can take no knowledge of the principal felony ne attainder in the first county, and so such accessories escape thereof unpunished, and do often put in ure the same, knowing that they may escape without punishment."

The statute then proceeds to enact,

1st. That where a person feloniously stricken or poisoned in one county, shall die of the same in another, an indictment thereof, found by jurors of the county where the death shall happen, whether before the coroner, upon sight of the body, or before the justices of the peace, or other justices or commissioners having authority to inquire, shall be as good and effectual as if the stroke or poisoning had been committed in that county.

2. That the justices of goal delivery and oyer and terminer (o), in the county where such indictment shall be taken, and the justices of the King's Bench, after such indictment removed before them, shall proceed thereon, in all points, as if such felonious stroke, or poisoning and death, had grown in the same county.

(n) Hence it should seem, that the receiver of stolen goods, knowing them to have been stolen, was then considered to be an accessory; yet certainly the contrary has been

holden, both before and after the statute. See Fitz. Cor. 126. 208. Staunf. b. 1. f. 44. and 5 Ann. c. 31.

(0) The court of K. B. is within these words. 9 Co. 118.

3. That in such case an appeal may be sued in the county where the party died, both against principals and accessories, in whatsoever county the accessories shall be guilty; and that the justices shall proceed against such accessories, in the county where such appeal shall be so taken, in like manner and form as if their offences had been committed and done in the same county (p), as well concerning the trial by jurors upon plea of not guilty as otherwise.

4. That where any murder or felony shall be committed in one (q) county, and one person or more shall be accessory or accessories, in any manner of wise to any such murther or felony, in any other county, then an indictment found or taken before such justices of the peace, &c. to inquire of felonies in the county (r) where such offence of accessory or accessories, shall be committed or done, shall be as good and effectual as if the principal offence had been committed or done within the same county, where the same indictment against such accessory shall be found.

The statute then proceeds to direct, that upon suit to the justices &c. or two of them, in such county where such offence of accessory shall be committed, they shall

(p) And therefore in case of an appeal, it is not necessary to procure a jury from both counties. Vide supra, p. 3. n. 1.

(q) A. in one county directs B. to murder C., B. strikes C. in a second county, and C. dies in a third,-qu. whether A. is within the act? for the offence of murder is not complete in any one county, and the former part

of the statute makes the inquiry

in the third county good as against the principal, but not as against accessories. But see the stat. 43 G. 3. c. 113. S. 5.

(r) It is remarkable that the same statute should direct, that accessories to a murder, if prosecuted by appeal, should be tried in the county where the party died, but if by indictment, in the county where they were accessories.

write (s) to the custos rotulorum, or keepers of the records, to certify whether the principal is attainted, convicted, or otherwise discharged; and after the receipt of such certificate, shall proceed against every such accessory in such county where he became accessory, and in such manner and form as if both the principal offence and that of the accessory had been committed in that county.

In an indictment against an accessory under this statute, for procuring the commission of a murder in another county, it should be averred according to the fact, that the principal committed the murder in the true county (t). And upon the same ground the blow should be averred to have been struck in the first county, though the party be indicted in the second, where the death happened.

And now by the stat. 43 G. 3. c. 113. s. 5. accessories before the fact to felonies may be tried either in the county where the principal offence was committed, or in that where the offence of becoming accessory was committed.

As an offence, begun in one county and completed in another, could not be tried in either, a fortiori the objection applied where part of the offence was committed out of the realm. So that if a blow were given on the high seas, of which the party died in England, this was held to be casus omissus, which could be tried neither by the admiral, nor by a jury of the county (u). But by the stat.

(6) The writing should be by writ in the king's name, under the teste of the justice so sending it. Dy. 254. b. 1. Hale, 623. The same form of proceeding appears to have been adopted before this statute was made.

See f. 4. note k.

(t) Lord Sanchar's case, 9

Co. 114. 2 Haw. c. 29. s. 51.

3 Ins. 49.

(u) 3 Ins. 48. 2 Hale, 163. But it seems the death formerly might have been inquired of by the court of K. B., sitting in the county where it happened. 2 Hale, 12. 15.; so it may under 33 H. 8. c. 23. See p. 12.

2 G. 2. c. 21., where any person, feloniously stricken or poisoned at any place out of England, shall die of the same in England, or being feloniously stricken or poisoned in England, shall die of such stroke or poisoning out of England, an indictment thereof, found by the jurors of the county in which either the death or the cause of death shall respectively happen, shall be as good and effectual in law, as well against principals as accessories, as if the offence had been completed in the county where such indictment shall be found.

A person on shore shot at and killed another upon the sea, at the distance of 100 yards from the shore: and it was holden that the case was not within this statute, but that the felony was triable by the admiral (x).

In general where a statute makes a new felony of an offence, consisting partly of an act within the kingdom and partly of one without, and limits it to be tried where the offence is committed, it shall be tried where that part of the offence is committed that is within the kingdom. So that an offender against stat. 1 J. c. 2., by passing the sea and serving a foreign prince, without taking the oath of obedience, was held to be triable in that county whence he passed upon the sea (y).

Before those statutes are noticed, which authorize an inquiry in a county wholly unconnected with the of fence, it may be proper to notice others, which give the courts cognizance of an offender who brings goods into a county feloniously stolen elsewhere.

By the stat. 3 W. & M. c. 9. s. 3., if any person or persons be indicted of felony for stealing any goods in any county of England, Wales, or town of Berwick-uponTweed, and be convicted or attainted, or stand mute, or will not directly answer, &c. or challenge peremptorily above 20, &c. he or they shall be excluded from the be(y) Hale, 706. 3 Ins. 80.

(x) Coombe's case, Leach, 432.