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tietoutterto Think it needless to make any Apology 3 2 Go for my undertaking the Publication of this 38 IB Work, the First in its Kind hitherto pro3 Set 3 Ste duced in these Parts of the World: The con Subje&t is large and extensive, well de

serving an abler Hand, but nome such baving yet appeard, and the Increase of our angle occafioning new and greater Variety of Cases Civik and Criminal, as well in Courts of Justice, as before Magiftrates, out of Sessions, the Use and Necessity of a Work of this Nature daily increasedge and frequent Applica tions were made to me, for Advice in Judicial Proceedings before Justices of Peace.

THE voluntary Subscriptions which were univerSaly offer'd, upon megye Públishing. Proposals for Printing this Book, and which have been since made by Persons of all Ranks, encouraged me to procede : I now present it to the Public, in Hopes the candid Reader will see no material Cause of objection against my Performance; but that it may be found instructive, or useful, to private Persons and Families, as well as to Magistrates and other public Officers, at least, 'til some more Judicious and Learned Perfon pall ihink fit to oblige the World with a more complete Work.

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THE Principal Subject of this Book, relates to the Jurisdi&tion and Authority of a Justice of Peace, out of Sefions, and the Judicial Proceedings subsequent i hereupon; Matters which are cognisable and determinable, before a Court of Judicature only, were not intended to be treated of here, and therefore no farther Mention is made of them, than what appear'd necesary to my Purpose, under each Title respectively.

THE Duty of Civil, Military, and Pariso Officers, is summarily declared, so far as it concerns the Priná cipal Matter by me intended,"

UNDER each Head of Criminal Offence, I hate collected so much of the Common and Statute Law of England, as well as the Laws of Virginia, as seem'd pertinent to sew the Reasons within Sucb Offence is, or ought to be punishable here also.

AS this work has been univerfaly desired, therefore, to render it generaly useful, instructive, and easie to the unlearned Reader, he will here find á plain and clear Explanation of every difficult Word, or Term in Law, wbereeter such occur; to which I have added, under fuch Heads as are most material, diverse Historical Abstracts, which I conceio'd might prove entertaining

as

as well as instructive. In the Account given of the
pre firf Settlement of Virginia, pag. 316, I have follow'd
with the generaly receiv'd Opinion, That it was discover'd
"mall and named by Sir Walter Raleigh; But upon farther :
Pro Search into the Histories of those Times, this Opinion
FA does not seem to be well supported: It appears, that
edim Sir Walter, with several Ships under his Command,
We undertook an Expedition to North America, but not

that he ever Landed in Virginia, in Person.

toh WITH the fame Viewe of being generaly service-
EC, U able, this Book appears throughout in a plain Me
2714 thod, easie to be understood, and the Matters therein

delle contained briefly and clearly, express'd, under their ree
res spective Titles, without troubling the Reader with una
artha necellary Repetitions, Reports of nice and intricate con

ses, or affe&ted Quotations from Learned Men in For
reign Languages. These, as Matters of Speculation,
rather than Practice, ara baj me furposely omitted.

IN such Variety of Matter it's not to be expect-
ed that every particular Case, which possibly man

bappen, Soould be distinctly specified; fuch an Attempt
hard would prove both vain and fruitless: By General Rules
24 and Maxims, adapted to the usual Occurrences of Here

man Life, we many form a true Judgment, in every
special "Cafe.

I HAVE avoided all References to Laws and

Law Books, but have collected and recited out of
that them so much as I found necessary to my Subject :

The får greatest Part of our Inbabitants are unfur.
nislid with those Books, or diverted from Reading
them, buy the necessary Affairs of their Plantations,
and the innocent Pleasures of a Country Life.

THIS

THIS is a true Account of the following Sheets : My Design and Method being new, I make no Doubt but Critics will be Carping at the Performance; tho' 'twere better, they'd be less ill-natured: My Ádoico to these Gentlemen, is, That they mend it bany forms of their own ingenious Compositions, their work wilt be the easier, now I have found and clear'd a Road; if they do not, the World will have Room to super their Ability.

ACCESSORIES

ACCESSORIES

N the loweft and highest Offences there are no Aoi vivere
ceffories, but all are Principals; as in Riots, Routti, no Acceso
forcible Entries, and other Transgressions by Force furies
and Arms, which are the lowest Offences; and to

in the higheft Offence, which is Treason, there be no Acceffories : But in Felony there are, both before and after. Co. Lit. l. 1. cap. 8. . 71.

There can be no Accefforics' before the fact in Man-
Naughter, because it is an Offence which follows upon a
fudden Affray. 4 Rep. 44.
Accessories are Two-fold.;

1. Before the fact.

2. After the fact. . 1. An Accessory before the fa&t, is hè that coarmando Sefore

eth, counfelleth, or procureth, another to do Felony, and the full is not there present when the other doth it; for if he be prelent, he is also a Principal. Dalt. 394

He that counsels or commands any evil Thing, Shall be judged accessory to all that follows of this evil Aą, tho . not of another diftinét Thing; as if the Command is

to rob in the Highway, and instead thereof, the Perfon is rob’d in his Houle, or to rob him one Day, and it is done at another Time, or to poifon a Man, and he is ftabd , in there, and the like Cases, he is acceffory before the Fact : So, if a Felony of another Nature than what was advised, proceeds from the Abetting, or Encouragement given by any ill Man, he is likewile acceffury to it; as if he advises one Man ro rob another, and he kills him, ne king Resistance : In this case the Abertor is acceffory to the Murder, because his Advice was to do an evil áa, which makes him acceffory to all the Confequences of it. Nell. 3. Dalt. 354.

But when the Felony commanded is executed upon anon ther Person, or where there is a Variance in the Nature of the Offence, he that gave the Command is not Accessory'; as if A. advises B. to poison C, who knowing thereof, des livers it to D, who cateth, and dicth; this is Murder, but A. is not accessory to it. H. P. C. 2170

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