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Accessaries.
But if the party robbed take Mony or other Goods,
&c. of the Thief,
to the end, he shall favour him, or shall not give Evidence against him,
whereby the Thief escapeth; now he is an Accessary to the Felony of his
own Goods, by good Opinion: Though some other seem to take this for
Theft-boot, and so to be punishable at this day only by Ransom and Imprisonment,
as aforesaid. |
Chap. 161.
6 E. 6.
Lamb. 286.
Cromp. 11.
P. R. 131.
Br. Cor.
1, 2. |
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If the party robbed, or if he that shall have any
Goods stoln from him,
after complaint by him made of the Felony (to a Justice of Peace, or to
the Constable) shall then take his Goods again, or otherwise be compounded
withal, and will not prosecute this matter against the Felon any farther,
but will suffer him to escape after he was once so charged, and perhaps
arrested for the same. Quære, if this maketh not
him an Accessary, for
that he did once agere criminaliter, by complaint made to the
Officer against
the Felon. |
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I think in such case the Justice of Peace shall
do well (at least) to bind
over both, the one and the other to the next Quarter-Sessions, or to the
next Gaol-delivery, and then to acquaint the Court with the whole
matter. |
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But if upon Huy and Cry, a Man do Arrest a Thief
that hath stoln
another Mans Goods, and then take the Goods from the Felon, and so
let him go; this maketh him an Accessary to the felony, of not a principal
Felon. |
27 Ass. 62.
Lamb. 285. |
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Nota que pur biens embles, ou imports, la party
poit aver son Action de Trespass,
& apres Apeal de Robbery, Co. 4. 43. |
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§. 10.
Time. |
Also note, in all cases of an Accessary after the
Fact, it is requisite that
the Fact (to which he is an Accessary) be a felony at the very time in
which he becometh an Accessary to it: For if A. giveth
a mortal Wound to
B. upon the first of March, and C. knowing thereof,
receiveth, &c. A. two
or three days together, and letteth him go, and after B. dieth of
the Wound
within the year; yet this Receipt, &c. maketh C. no Accessary,
because
the principal Fact was no felony at the time, either of the Receipt, or
of
the letting him go. |
Stamf. 287. |
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By the Statute of 2 Ed. 6. c. 24.
Accessaries may be to a felony done in
another County; Whereas before the Statute, the Common Law laid no
hold of such Accessaries, for that those in another County, upon the Trial,
could not have Cognizance of the principal Offence, &c. |
P. Trial. 2.
Stamf. 41.
f. 63. b. |
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But now by the said Statute, there shall be a Certificate
from the Custos
Rotulorum of the County where the principal shall be attainted
or convicted,
&c. See antea tit. Felony. |
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| Rules. |
Note, That if an Offence made by felony by Statute,
although the
same Statute doth not expressly make mention of Procurers, Counsellers,
Abettors, Receivers, Consenters and Aiders, &c. yet they shall be taken
as
Accessaries (within the compass of the same Statute) even in the same manner,
as if it were felony at the Common Law. |
lamb. 285.
Stamf. 44. |
§. 11.
Accessary
of Accessary. |
A Man may be an Accessary to an Accessary; as if
he shall receive, relieve
or comfort him who is Accessary to a Felon, knowing the same,
Br. Cor. 104. |
26 Ass. 52.
F. Cor. 190. |
| §. 12 |
Although the Accessary shall be punished, and shall
have Judgment of
Life and Member, as well as the Principal which did the felony; yet
the
Principal, (yea, all the Principals) ought first to be attainted (by Verdict,
Confession or Utlary) before the Accessary can be charged, or put to
answer (as an Accessary;) and the acquital of the Principal, is the acquital
of the Accessary; for ubi non est Principalis, non potest esse Accessarius;
but yet
the Accessary shall be attached, and surely kept, (and be committed
by the |
P. Appeal
3.
Co. 4. 43.
& 9. 117,
119.
Plo. 98, 99.
Cro. 33.
107. |
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