6. But if a felon be in priſon, he that relieves him with neceſſary meat, drink, or cloaths, for the ſuſtation of life, is not acceſſary. 1 H. H. 620.
7. So if he be bailed out, it is lawful to relieve and maintain him for he is ſtill in ſome ſort of cuſtody, and is under a certainty of coming to his trial. 1 H. H. 620.
8. But if a felon be in gaol, for a man to convey inſtruments to him to break priſon to make an eſcape, or to bribe the gaoler to let him eſcape, makes the party an acceſſary; for though common humanity allows every man to afford ſuch perſons neceſſary relief, yet common juſtice prohibits all unlawful attempts to cauſe their eſcapes. 1 H. H. 621.
9. The ſending a letter in favour of a felon, or adviſing to labour witneſſes not to appear, makes no acceſſary; but it is a high contempt.
10. A man may be acceſſary to an acceſſary, my receiving of him knowing him to be an acceſſary to felony. 1 H. H. 622.
11. If a man hath goods ſtolen, and he receives his goods again, ſimply, without any contract to favour the felon in his proſecution or to proſecute faintly, this is theftbote, puniſhable by imprisonment and ranſom, but yet it makes him not an acceſſary, but if he take money of him to favour him, whereby he eſcapes, this makes him acceſſary. 1 H. H. 619.
12. And if any perſon ſhall receive or buy ſtolen goods knowing them to be ſtolen, or ſhall receive, harbour, or conceal the thieves, he ſhall be deemed an acceſſary and be tranſported for fourteen years. 3 W. c. 9. ſ. 4. And buying the goods at an under value, is a preſsumptive evidence that he knew they were ſtolen. 1 H. H. 619.
13. It ſeems agreed, that the law hath ſuch a regard to that duty, love, and tenderneſs, which a wife owes her huſband, as not make her an acceſſary to felony by any receipt given to her huſband; yet if ſhe be any way guilty of procuring her huſband to commit it, it ſeems to make her an acceſſary before the fact, in the ſame manner as if ſhe had been ſole. Alſo it ſeems agreed, that no other relation beſides that of a wife to her huſband, will exempt the receiver of a felon from being an acceſſary to the felony; from whence it follows, that if a maſter receive a ſervant, or a ſervant a maſter, or a brother a brother, or even a huſband a wife, they are acceſſaries in the ſame manner as if they had been mere ſtrangers to one another. 2 Haw. 320.
14. But if the wife alone, the huſband being ignorant of it, do receive any other perſon being a felon, the wife is acceſſary, and not the huſband. 1 H. H. 621.
15. But if the huſband and wife both receive a felon knowingly, it ſhall be judged only the act of the huſband, and the wife ſhall be acquitted. 1 H. H. 621.
IV. How
