| Chap. 159. |
Felonies by Statute.
If a man will burn his own House willingly, this
is no Felony. But if
by such burning, he burneth his Neighbours House, this seemeth to be
felony. |
377 |
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A man intending to burn another mans House, casteth
Fire thereupon,
and after that is kindled and burnt in part, it is quenched; this is felony,
although the whole House were not burnt down. |
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So it seemeth, if a man shooteth unlawfully in an
Hand-gun, and the
fire thereof sets another mans House on fire and burneth it down, this
is
felony, Quære. |
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If an Indictor (or Juror) in case of Treason or
Felony, shall discover
the Kings Councel and his Fellows, it hath been adjudged felony.
Vide
antea, tit. Petty Treason. |
§. 2.
Discovery. |
1 H. 7. 6.
Br. Cor.
127, 130.
Stamf. 31.
h. |
Rescuing, or taking away from an Officer, any Offender,
who is attainted,
imprisoned, or but arrested for felony, such Rescous is felony,
as well
in him that made the Rescous, as in him that is Rescued. See
more here,
pag. sequent. |
Rescous. |
| 9 H. 4. 12. |
Also when a man hath arrested another for felony,
and after letteth him
go at liberty, this is a wilful escape, and shall be adjudged felony in
him
that did so let him escape. And in case of Treason such escape is
Treason.
See paulo postea. |
Escapt. |
Stamf. 20.
3. See the
Stat. 1.E. 2.
& P. Pris.
5. |
Breaking of Prison (before the Stat. De frangentibus
prisonam, made
1 E. 2) was felony by the Common Law, for what cause soever he was
in Prison, yea, though he had been imprisoned but for a Trespass.
But now
that Statute hath changed the Common Law therein: so that now, if
a man
be Imprisoned or Arrested, or taken for Trespass, and do make an escape,
or be rescued by a stranger, this is but finable at this day. Vide
Fi. libro 2.
& Stat. 10 E. 2. hic. cap. 106. |
Breaking
of Prison. |
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If any Offender which is adjudged, or otherwise
by Law is to abjure the
Realm, shall depart, and after such departure shall return again without
the Kings Licence; then if the cause for which he did abjure were felony,
the Offender so returning shall have Judgment of Life and of Member by
the Common Law. But if the case were not for felony, then the Offender
by the Common Law shall be taken, and only make a Fine to the
King. But see the Statute of 35 Eliz. 1 & 2. where it
is made
felony also for Popish Recusants, or other Sectaries, which are to abjure,
if after Abjuration they shall return without the Kings special Licence.
See hic postea.
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Abjuration. |
2 H. 7. c. 14.
P. Felon.
13. |
Felonies by Statute. CHAP. CLIX.
V. 106.
IF any man, being the Kings sworn Servant, &c.
shall confederate, imagine,
compass or conspire with another to destroy the King, or any
Lord of this Realm, or any other sworn to the Kings Councel, or the Steward,
Treasurer or Controller of the Kings House, it is felony: but
what the Justice of Peace may do herein, See antea tit. Felony. |
§. 1.
Conspiracy. |
1 E. 2. P.
Felon. 15. |
Breaking of Prison by one being therein for felony,
or by one being a
Prisoner for felony, is felony. |
Breaking
of Prison. |
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And yet by the Common Law, if the Prison had been
broken by the
party himself, it had been felony, whatsoever the cause of his imprisonment
were, yea, although it were but for a Trespass. Vide Stamf. 30.
c.
& M. Finch lib. 2. |
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' But now by the Statute 1 Ed. 2. it is no
felony, except the Prisoners were
' there committed for felony, Vide Co. Inst. 2 Part 589.
upon the Statute de |
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