Sec.3; 7 G 3. c. 50.

Buyers* and receivers of goods taken by way of robbery or larceny,
knowing them to have been so taken, shall be deemed accessaries to such
robbery or larceny after the fact.

* 3 &. 4 W. & M. c. 9. Sec. 4; 5 Ann. c. 31. Sec. 5; 4 G. 1. c.
11. Sec. 1.

Prison breakers,* also, shall be deemed accessaries after the fact, to
traitors or felons whom they enlarge from prison.**

* 1 E. 2.

** Breach of prison at the Common law was capital, without
regard to the crime for which the party was committed. 'Cum
pro criminis qualitate in carcerem recepti fuerint,
conspiraverint (ut ruptis vinculis aut fracto carcere)
evadant, atnplius (quam causa pro qua recepti sunt exposuit)
puniendi sunt, videlicet ultimo supplicio, quamvis ex eo
crimine innocentes inveniantur, propter quod inducti sunt in
carcerem et imparcati.' Bracton L. 3, c. 9. Sec. 4. Britt. c.
11. Fleta, L. 1. c. 26. Sec. 4. Yet in the Y. B. Hill. 1 H. 7.
2. Hussey says, that, by the opinion of Billing and Choke,
and all the Justices, it was a felony in strangers only, but
not in the prisoner himself. S. C. Fitz. Abr. Co-ron. 48.
They are principal felons, not accessaries, ib. Whether it
was felony in the prisoner at Common law, is doubted. Stam.
P. C. 30. b. The Mirror c. 5. Sec. 1. says, 'Abusion est a
tener escape de prisoner, ou de bruserie del gaole pur peche
mortal 1, car eel usage nest garrant per nul ley, ne in nul
part est use forsque in cest realme, et en France, ems
[mais] est leu garrantie de ceo faire per la ley de nature'
2 Inst. 589. The stat. 1 E. 2, 'de fragentibus priso-nam,'
'restrained the judgment of life and limb for prison-
breaking, to cases where the offence of the prisoner
required such judgment.'

It is not only vain but wicked, in a legislator to frame
laws in opposition to the laws of nature, and to arm them
with the terrors of death. This is truly creating crimes in
order to punish them. The law of nature impels every one to
escape from confinement; it should not, therefore, be
subjected to punishment. Let the legislator restrain his
criminal by walls, not by parchment. As to strangers
breaking prison to enlarge an offender, they should, and may
be fairly considered as accessaries after the fact. This
bill saying nothing of the prison