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Accessaries.
Also none which is Accessary before the Fact, to
any felonious burning
of any Dwelling-house, or any part thereof, or Barn with Corn, shall have
any benefit of Clergy, 1 E. 6. cap. 17. 4 & 5 Ph.
& Ma. cap. 4. See Co. 11.
Poulters Case. |
Chap. 161. |
|
No Horse stealer, nor Accessary thereto, either
before or after such
felony done, shall have any benefit of Clergy, 2 E. 6. cap.
33 & 31
El. 12. |
Stamf. 41. |
§. 7.
After the
Fact. |
Accessaries after the Offence, are they, who knowing
that another hath
committed a Felony, do feloniously or voluntarily receive or harbor
him,
or relieve, assist, comfort or Aid him, whether it be before the Attainder
of
the Felon, or after his Attainder, Br. Indictment. |
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As to comfort or relieve a Felon (before he is attainted)
with Mony,
Meat, Drink or Lodging, knowing of the Felony, maketh one Accessary,
26 Ass. pl. 47. |
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So to lend him a Horse to go his way withal, or
otherwise to be a means
of his Escape, Fitz. Coron. 427. |
Ibid. |
|
But to relieve him being in Prison, maketh not a
Man Accessary: Also
to aid him by his good word, or sue for his Deliverance, or to send a
Letter for his Inlargement; this maketh not a man accessary tot he Felony,
Finch. |
Br. Cor.
103. |
|
A Felon that goeth under Bail, and stands bound
to appear for his Trial;
to receive, harbor or relieve such a one with Mony or Victual, breedeth
no danger of an accessary, because the Felony in these last cases cannot
be
concealed, nor the Trial hindred by it. |
Lamb. 286.
Cromp. 42. |
|
A Felon getteth his Pardon; such as shall receive
or relieve him after
shall not be accounted accessary; but to receive or relieve him before
his
Pardon obtained, is felony. See Plo. 476. Yet it
seemeth upon this Pardon,
such accessary before shall be discharged. |
|
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A Felon is attainted by Verdict, Confession, or
by Utlary; to receive,
harbor or relieve such a one, by any Person dwelling in the same County
where the Felon is attainted, it maketh such Receiver or Aider, an acccessary
tot he Felony, although such Receiver, &c. did not know of the Felony;
because by the Attainder of the Felon, he is a Felon of Record, whereof
every Person dwelling in the same County is to take notice. Yet Master
Bracton requireth a more direct knowledge in the parties to make
them
Accessaries: For albeit a Record (and specially the pronouncing of
an
Utlary in the County Court) be so notorious, that every man may easily
come to know the same; yet were it an over-great extremity, that every
Man should (upon the peril of his own life) take certain knowledge thereof.
Which opinion of Mr. Bracton, Mr. Lambert also holdeth
to be very
reasonable. |
F. Cor. 377.
Stamf. 96.
Dyer 355.
Lamb. 285. |
|
But a Felon attainted by Verdict, Confession or
Utlary, in one County,
if another doth receive or aid him in another County; this maketh such
Receiver or Aider no accessary to the Felony, unless he did also know of
the Felony. |
F. Cor. 375.
Vi. Stamf.
41. |
| Feme Covert. |
If a Feme Covert shall relieve, or receive and keep
Company with her
Husband, knowing him to be a Felon, she is no accessary thereby:
For a
Woman Covert cannot be accessary in Felony to her Husband, for she
ought to relieve him, and not to discover his counsel. But quære,
if this be
not to be understood of accessary after the Fact; for if the Wife shall
procure,
counsel or conspire with her Husband to commit any Felony, and the
Husband thereupon shall execute the same, although the Wife be not present
thereat, yet the Wife may seem to be accessary to her Husband in
such case; for Mr. Bracton saith, Uxor virum accusare non
debet, nex detegere |
F. Co. 383.
Stamf. 25.
& 43. f. |
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