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CCESSARY (quai accedens ad culpam) is be that is not the chief actor, but one that is concerned in the felony by commandment, aid, or receipt.

In the highet capital offence, namely, high treaon, there are no accearies, neither before nor after; for the conenters, aiders, abetters, and knowing receivers and comforters of traitors, are all principals, 1 Hales Hit. 613.

But yet as to the coure of proceeding, it hath been, and indeed ought to be the coure, that thoe who did actually commit the very fact of treaon, hould be firt tried, before thoe that are principals in the econd degree: becaue otherwie this inconvenience might follow, that the principals in the econd degree might be convicted, and yet the principals in the firt degree may be acquitted, which would be aburd. 1 H. H. 613.

In caes that are criminal, but not capital, as in petit larceny and trepas, there are no accearies; for the accearies before fame degree as principals; and accearies after, by receiving the offenders, cannot be in law under any penalties as accearies, unles the acts of parliament that induce thoe penalties do expresly extend to receivers or comforters, as felonies, 1 H. H. 613.

It remains therefore, that the buines of this title of accearies refers only to felonies, whether by the common law, or by act of parliament. 1 H. H. 613.

Concerning which, Lord Coke oberves generally, that when anyoffence is felony, either by the common law, or by tatute, all accearies both before and after are incidentally included. 3 Int. 59.

But as to felonies by act of parliament, Lord Hale ditinguihes thereupon as follows: Regularly (he ays) if an act of parliament enact an offence to be felony, tho' it mention nothing of accearies before or after, yet virtually and conequentially thoe that counel or command the offence, are accearies before, and thoe that knowingly receive the offender are accearies after. 1 H. H. 613.

But if the acts of parliament that makes the felony, in expres terms comprehend accearies before, and make no mention of accearies after, namely, receivers or comforters. there it eems there can be no accearies after; for the expreion of procurors, counellors, or abetters, all which import accearies before, make it evident, that