180 



MAXIMS OF THE LAW. 



18 El. San 

 der s case, 

 com. 175. 



Ibidem. 



But on the other side, if a man command I. S. to rob 

 I. D. on Shooters-hill, and he doth it on Gads-hill; or to 

 rob him such a day, and he doth it not himself but pro- 

 cureth I. B. to do it ; or to kill him by poison, and he 

 doth it by violence ; in all these cases, notwithstanding the 

 fact be not executed, yet he is accessory nevertheless. 



But if it be to kill I. S. and he killeth I. D. mistaking 

 him for I. S. then the acts are distant in substance, and 

 he is not accessory. 



And be it that the facts be of differing degrees, and yet 

 of a kind. 



As if a man bid I. S. to pilfer away such things out of 

 a house, and precisely restrain him to do it sometimes 

 when he is gotten in without breaking of the house, and yet 

 he breaketh the house ; yet he is accessory to the burglary; 

 for a man cannot condition with an unlawful act, but he 

 must at his peril take heed how he putteth himself into 

 another man s hands. 



But if a man bid one rob I. S. as he goeth to Sturbridge- 

 fair, and he rob him in his house, the variance seems to be 

 of substance, and he is not accessory. 



REGULA XVII. 



Dejide et officio judicis non recipitur quastio ; sed de 



scientia, sive error sit juris sivefacti. 



THE law doth so much respect the certainty of judgment, 

 and the credit and authority of judges, as it will not permit 

 any error to be assigned that impeacheth them in their 

 trust and office, and in wilful abuse of the same ; but only 

 in ignorance, and mistaking either of the law or of the case 

 and matter in fact. 



F. N. br. fo. And therefore if I will assign for error, that whereas the 

 verdict passed for me, the court received it contrary, and so 

 gave judgment against me, this shall not be accepted. 



So if I will allege for error, that whereas I. S. offered to 

 plead a sufficient bar, the court refused it, and drave me 

 from it, this error shall not be allowed. 



18 Eliz.in 



Sander s 

 case. pi. 

 com. 475. 



21. 



7 H. 7. 4 



3 II. 6. 

 Ass. 3. 



2M.Dy 

 114. 



But the greatest doubt is where the court doth deter 



mine of the verity of the matter in fact ; so that is rather a 



point of trial than a point of judgment, whether it shall be 



re-examined in error. 



As if an appeal of maim be brought, and the court, by 



the assistance of the chirurgeons, adjudge it to be a maim, 

 21 *H. 7. 40. whether the party grieved may bring a writ of error ; and 

 35. I hold the law to be he cannot. 



1 Mar. 5. 

 28 Ass. pi 

 15. 



