case stafford against pooler Trinity term Elizabeth roll to say of a  magistrate that he have discharge by agreement a felon arrest as accessary to  the steal his own good be actionable   a I roll ab a Mod and cro James ld raym  Str action upon the case for these word whereas the plaintiff Elizabeth be and  yet be a justice of peace in the county of Gloucester that the defendant at a  in county Glocestrice speak these word one web be arrest as accessary of  felony for steal his own good Mr Stafford innuendo the plaintiff know there a  see Cowp b see Geo c croak Elizabeth er p of discharge the say web by a  agreement of whereunto Mr Stafford be privy whereof S be to he pay Mr Stafford  and be pay to his man by his appointment the defendant plead hot guilty and  find against he to his croak Elizabeth damage of mark and judgement give in  the Queeii S bench for the plaintiff and now error thereof bring and assign  that the word be not actionable for they be insensible and t be impossible  that one shall he arrest as accessary of felony for steal his own good for  although one peradventure may he a felon for steal his own good from his  bailiff with a intent to charge he with them yet he can be a accessary in  felony for steal his own good for he be therein principal or nothing a and  although he say he discharge he by agreement c yet that be not any odence for  it be not aver that there be any offence commit and although he be arrest yet  it may be he be not guilty of any offence and he may also discharge he by  agreement and yet it be not any offence for it may be that in a appeal of  robbery he compound but all the justice except Walmsley hold that the action  be maintainable for one may he a accessary in felony for steal his own good  videlicet where he procure another to steal they and although there be not any  felony commit yet be arrest for that cause he ought not to discharge he upon a  agreement for money for it be a great offence be do by a justice of peace and  be false be a great slander to he and shall he intend to hespoken in the worst  sense that he be privy to the agreement to conceal the felony wherefore the  judgement be affirm by all the justice and baron except Walmsley