| Chap. 161. |
Accessaries.
Furtum suum neque Feloniam; consentire tamen non debet Feloniæ
viri sui,
neque esse coadjutrix. Stamf. 26. |
399 |
|
Also if the Wife receiveth, &c. another Felon,
she is an Accessary. |
|
|
A Servant may by Accessary to a Felony committed
by his Master or
Mistress, sc. By relieving or aiding them, or otherwise
by being a means of
their escape, as it seemeth: For Mr. Bracton saith, Concubina
& famula domus
non sunt in eodem casu quo uxor; ipsæ enim accusare tenentur, aut
recedere
a servitio, alioquin videntur consentire, Stamf. 27. a. |
Servant. |
|
A Servant knowing his Master to be a Felon, continueth
to do him Service;
the Servant is thereby an Accessary, Lect. M. Cook. |
|
|
The Master knowing his Servant to be a Felon, still
keepeth him in his
Service; the Master is thereby an Accessary. Ibid. |
|
See Stamf.
42. c. such
a matter. |
A Felon fled to the House of his Natural Brother,
and the Brother shut
the fore-door against the Pursuers, and conveyed the Felon out of his House
at at back-door, whereby he gat to the Church: This Brother was adjudged
an Accessary for it, for he was a means of the escape. |
|
|
Quære, If a Felon flieth and cometh
to his Friends House, and his
Friend shutteth the door against him, and yet maketh the Pursuers believe
that he is in the House, whereas he escapeth, if this make not the Friend
an Accessary. |
|
9 H. 4. 1.
Br. Cor. 26.
See Br.
Esc. 43. |
A Man hath a Felon in his House, and (knowing of
the Felony) suffereth
him to go his way, and so to escape; yet this is no Felony, for that
he
had not arrested him of the Felony before: Neither can such an escape
make him an Accessary, except he were any means of the escape. |
|
| 1 H. 7. 6. |
If one do rescue him that is arrested for the Felony,
he is a Principal
Felon, and not an Accessary. |
§. 8.
Rescous. |
Stamf. 43.
c.
12 Ass. 69.
9 H. 4. 41.
Stamf. 43.
b. |
Receiving or buying of stoln Goods, knowning there
were stoln, maketh
not a Man Accessary to the Felony, unless he receiveth also (or aideth)
the
Felon himself; yet Mr. Crompton maketh a quære thereof,
and alledgeth
some Cases to the contrary. See Cromp. fol. 41, 42, 43.
But it was adjudged,
T. 44 El. B. R. Dawsons Case. That it maketh no
Accessary,
Yelvert. pag. 4. |
Buying
stoln Goods. |
|
But herein there seems a difference between a Buyer,
being a stranger
to the Felon., and who for valuable consideration shall buy such Goods;
and a Receiver or Buyer who is an adherent or companion to the Felon, or
that the Covin shall receive or buy such Goods. See the Preamble
to the
Statute 2 & 3 Ed. 6. cap. 24. |
|
| Cromp. 43. |
A Man buyeth stoln Goods for five shillings, which
are worth twenty
shillings, this maketh the Buyer an Accessary, by the opinions of Mr. Cromp.
fol. 43. and of Sir Nich. Hide in his Charge at Lent Assizes
at Cambridge,
1629. For it may well appear by the price, that the Seller came
not truly
by them; and therefore it is safe to lay hold upon such Sellers as shall
sell
any thing at any great undervalue. |
|
Br. Cor.
122.
Lamb. 282.
Cromp.
37, 41, 42.
P. R. 131.
Term of
the Law,
184.
Dyer 50.
Fitz. Cor.
353. |
A Man pursueth and taketh a Felon that hath stoln
his Goods, and then
taketh his Goods again, and suffereth the Thief to escape: He
is no Accessary
thereby, (by some Opinions) for he may in initio agere civiliter, or
criminaliter, at his pleasure, as Mr. Bracton writeth, Stamf.
28. Quære tamen.
For Mr. Stamf. fol. 40. and Mr. Finch. lib. 2. say, That
if he take his Goods
again from the Felon to favour him; this is Theft boot, (the punishment
whereof in ancient time, was of Life and Member, though at this day
it be
punishable only by Ransom and Imprisonment.) And yet by some it is
holden
to be Felony at this day. The like seemeth to be, if he take his
Goods
again from the Felon, and then favoureth him, and letteth him go.
See the
Mirror of Justices, lib. 2. & Fleta, lib. 1. cap. 27. |
§. 9.
Taking again
stoln
Goods. |
M m 2
|
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