| Chap. 159.
44 Ass. 8.
Br. Esc. 31.
Stamf. 31. |
Felonies by Statute.
to go at liberty; (though this be no breaking of Prison, yet) this is
felony
in the Gaoler, Constable, or him that letteth such Prisoner escape, but
it is
no felony in the Prisoner; but if such a Prisoner shall escape by the negligence
of his Keeper, then the felony resteth in the Prisoner only, and not
in the Gaoler, &c. |
379 |
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' If any Man Arrest another, and after voluntarily
lets him go at large,
' if the Arrest were for felony, it is felony in him that so lets his Prisoner
' go; if the Arrest were for Treason; it is Treason, and if for Trespass
it is
' Trespass, & sic de similibus. |
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If the Gaoler or Keeper shall marry a Felon which
is in his Gaol, this is
an escape: but quære, whether it be felony in the Gaoler
or no. |
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If a Gaoler shall let a Felon to Mainprise which
is not mainpernable
or bullable, dicitur that this is no felony, but finable:
for although it were
voluntary, yet it was per ignorance det Ley. But quære
hereof, for that
the Gaoler hath no Authority to let any Prisoner to bail; and the Prisoner
being in for felony, the Sheriff at this day hath no Authority to bail
such a Prisoner, except it be by virtue of the Kings Writ, &c. |
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If the Constable (or other Officer) shall voluntarily
suffer a Thief, being
in his custody, to go into the Water to drown himself, this escape
is felony in the Constable, and the drowning is felony in the Thief, quia
Felo de se. |
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Otherwise, if the Thief shall suddenly (without
the assent of the Constable)
kill, hang, or drown himself, this is but a negligent escape in the
Constable. |
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P. R. 149.
150.
9 H. 4. 1.
Stamf. 32. |
The voluntary letting of a Felon to escape who is
not arrested for felony,
though he knoweth of the felony, yet it is no felony; neither can
it be an escape without an Arrest: and yet such an Offender (being
an Officer)
may for such his negligence or default be indicted and fined, as it
seemeth by the words of the Commission. Quære if he
be not accessary to
the felony. See Br. Escape. 43. |
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| Dyer 440. |
Note, that a Man is always said to be in Prison,
so long as he is within the
sight of the Gaoler, or of him that hath him in custody, though he do
break away or escape. |
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Stamf. 33.
Br. Esc. 4.
& 35. |
For an escape is properly, when a Prisoner shall
escape or get out of the
view of the Gaoler or Keeper, and shall be taken again by fresh suit. |
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| 13 H. 4. 9. |
And if a Prisoner shall make an escape, (of his
own wrong, and without
the consent of the Gaoler, or other person that hath him in custody)
though he escape out of their sight, and into another County, yet if he
be
taken again upon fresh suit, before the Gaoler, &c. be sued, or hath
fined
for the escape (though it be seven years after) yet this is no escape,
as it
seemeth, for which the Officer shall be charged; for there is no prejudice
to the King by the escape, though it be felony in the Prisoner as aforesaid,
and a breaking of Prison in him. Co. 3. 44 & 52. accordeth
in case of a
Prisoner taken in Execution, that shall make an escape of his own wrong. |
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Co. 3. 44.
Stam. 33. c.
Fitz. Cor.
243 & 431. |
If a Gaoler, or other Officer, &c. shall licence
his Prisoner to go abroad
for a time, and to come again; this is an escape, because the Prisoner
is found out of the bounds of his Prison, thought the Prisoner return again,
according as he shall be prescribed; and so is it, if the Officer shall
suffer
his Prisoner to go abroad for a time by Bail or Baston, this is an escape:
yet they are holden in both cases to be but negligent escapes in the Officer,
and so but finable. But quære, for the Gaoler, and other
Officers, ought
to keep their Prisoners in Salva & arcta custodia. Vide post.
tit. Imprisonment. |
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