38 PUBLIC BOOK IV.
tried, or fuffering punifhment, makes the affiflor an acceffory. As furnifhing him with a horfe to efcape his purfuers, money or victuals to fupport him, a houlc or other flielter to conceal him, or open force and violence to retcue or protect him*. So likewifc to convey instruments to a felon to enable him to break gaol, or to bribe the gaoler to let him efcape, makes a man an acceffory to the felony. But to relieve a felon in gaol with clothes or other neceffaries, is no offence : for the crime im- putable to this fpecies of acceffory is the hindrance of public juftice, by affifting the felon to efcape the vengeance of the law". To buy or receive ftolen goods, knowing them to be Stolen, falls under none of thele defcriptions -, it was therefore at com- mon law, a mere mifdemefnor, and made not the receiver ac- ceffory to the theft, becaufe he received the goods only, and not the felon : but now by the Statutes 5 Ann. c. 31. and 4 Geo. I. c. 1 1. all fuch receivers are made acceffories, and may be tranfported for fourteen years. In France this is punifhed with death : and the Gothic constitutions difbinguifhed alfo three forts of thieves, " unum qui conjilium daret, alterum qui " contreElaret, tert'mm qui rtceptaret et -occuleret ; pan poenae Jin- " gu/os obnoxios*.
THE felony muft be complete at the time of the affiStance given j elfe it makes not the affiftant an acceffory. As if one wounds another mortally, and after the wound given, but be- fore death enfues, a perfon affifts or receives the delinquent : this does not make him acceffory to the homicide, for till death enfues there is no felony committed y . But fo ftricl: is the law where a felony is actually complete, in order to do effectual juftice, that the neareft relations are not fuffered to aid or re- ceive one another. If the parent affifts his child, or the child his parent, if the brother receives his brother, the mafter his fervant, or the fervant his mafter, or even if the hufbancl relieves
- 2 Hawk. P. C. 317, 318. * Stiernhook tie jure Gotb. 1. 3, (. 5.
- i Hal. P. C. 620, 621. y 2 Hawk. P. C. 320.
- i Hal. P. C. 620.
his
