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2 that the law-makers did not intend to include accearies after, which is an offence of a lower degree than accearies before. 1 H. H. 614

And although it be generally true, that an act of parliament creating a felony, renders conequentially accearies before and after within the fame penalty, yet the pecial penning of the act of parliament in uch caes, ometimes varies the cae; 'Thus the tatute of 3 H. 7 c. 2. for taking away women, makes the offender, and the procuring and abetting, yea and wittingly receiving alo, to be all equally principal felonies, and excluded of clergy. Again. the tatute of 27 Eliza. c. 2. makes the coming in of 2 jeuit treaon the receiving of relieving of him felony, the contributing of money to his relief a premunire. So that acts of parliament may diverify the offences of acceary or principal, according to the various penning thereof, and o have done in many caes, 1 H. H. 614. 615.

Alo tatute excluding the principals from the benefit of clergy, doth not thereby exclude the accearies before or after; neither doth tatute, excluding the acccaries, thereby exclude the principals, 2 Haw. 342.

An acceary before the fact committed, is be that being abent at the time of the felony committed, doth yet procure, counel, command or abet another to commit felony.

Being abent at the time of the felony committed] For if he in preent, he is not an acceary, but a principal.

So alo, if divers come to commit an unlawful act, and be preent at the time of the felony committed, tho' one of them only doth it, they are all principals. Hale's Pl. 215.

So if one preent move the other to trike; or if one preent did nothing, but yet came to aist the party if needful; or if one hold the party while the felon trikes him: or if one preent deliver his weapon to the other that trikes: for they are preently aiding abetting, or comforting. id. 216.

But if one came caually, not of the confederacy, tho' he hindered not the felony, he is neither principal or acceary, altho’ he apprehend not the felon : but for his negligence he is punihable by fine and imprionment. Hale's Pl. 246. 2. Haw. 343.

Alo in ome cafes, even a peron abent may be principal: as he thatputsthat puts [sic] poion into any thing to poion another, and leaves it, tho' not preent when it is taken: And o it eems all that are preent whenever the poion is o inued, and conenting thereunto. Hales Pl 216.

Procure, counel, command or abet] But here note ome diverities:

As

1. When the principal doth not accomplih the fact altogether in the ame ort, as it was before hand agreed between bin and the acceary