III. Of acceſſaries after the fact.
Acceſſary after the fact, where a perſon knowing the felony to be committed by another, relieves, comforts, or aſſiſts the felon. 1 H. H. 618.
Knowing the felony io be committed] There can be no doubt, but that it is neceſſary that the receiver have notice of the felony, either expreſs or implied, and fate be laid in the indictment, that the receiver knew that the perſon received by him, had committed the principal felony. 2. Haw. 319.
The felony] This, as hath been ſaid, holds place only in felonies, and in thoſe felonies, where by the law judgment of death regularly ought to enſue: aud therefore not in petit larceny. 1 H. H. 618.
And therefore if a perfon do barely receive, comfort, or conceal an offender guilty of any common treſpaſs, or inferior crime of the like nature tho' he knew him to have been guilty, and that there is a warrant out againſt him, yet he is not an acceſſary to the offence: but perhaps in ſuch caſe he may be indictable for a contempt of the law, in hindring the due courſe of juſtice. 2 Haw. 311.
Relieves, comforts, or aſſiſts the felon] In the explication of theſe words, ſeveral things are conſiderable:
1. Generally, any aſſiſtance whatſoever given to one known to be a felon, in order to hinder his being apprehended, or tried, or ſuffering the puniſhment to which he is condemned, is ſufficient to bring a man within this deſcription, and make him acceſſary to the felony: as where one aſſiſts him with a horſe to ride away with, or with money or vituals to ſupport him in his eſcape. 2. Haw. 317.
2. But if a man knows that a perſon hath committed a felony, but doth not diſcover it, this doth not make him an acceſſary, but it is a miſpriſion of felony, for which he may be: indicted, and upon his conviction, fined and impriſoned, 1 H. H. 618.
3. Alſo if a man ſees another commit a felony, but conſents not, nor yet takes eare to apprehend him or to devy hue and cry after him, or upon hue and cry levied doth not purſue him: this is a neglect puniſhable by fine and impriſonment, but it doth not make him an acceſſary. 1. H. H. 618.
4. In like manner if one commit a felony, and come to a perſon's houſe before he be arrested, and ſuch perſon ſuffer him to eſcape without arreſt, knowing him to have committed a felony, this doth not make him acceflary; but if he take money of the felon to ſuffer him to eſcape, this makes him acceſſary: And ſo it is if he ſhut the fore-door of his houſe, whereby the purſuers are deceived, and the felon hath opportunity to eſcape, this makes him an acceſſary: for here is not a bare omiſſion, but an act done by him to accommodate the felon's eſcape. 1. H. H. 619.
5. Also it ſeems to be ſettled at this day, that whoſoever reſcues a felon from an arreſt for the felony, or voluntarily ſuffers him to eſcape, is an acceſſary to the felony. 2 Haw. 318. 6. But
