Ch. 3. WRONGS. 35
with regard to other murders committed in the abfence of the murderer, by means which he had prepared before-hand, and which probably could not fail of their mifchievous effect. As by laying a trap or pitfall for another, whereby he is killed ; letting out a wild beaft, with an intent to do mifchief ; or ex- citing a madman to commit murder, fo that death thereupon enfues j in every of thefe cafes the party offending is guilty of murder as a principal, in the firft degree. For he cannot be called an accefibry, that neceftarily pre-fuppofing a principal ; and the poifon, the pitfall, the beaft, or the madman cannot be held principals, being only the inftruments of death. As therefore he muft be certainly guilty, either as principal or ac- ceflbry, and cannot be fo as acceflbry, it follows that he mull be guilty as principal : and if principal, then in the firft de- gree ; for there is no other criminal, much lefs a fuperior in the guilt, whom he could aid, abet, or aflift e .
II. An acceſſory is he who is not the chief actor in the of- fence, nor prefent at it's performance, but is fomeway concerned therein, either before or after the fact committed. In confider- ing the nature of which degree of guilt, we will, firft, examine, what offences admit of acceflbries, and what not : fecondly, who may be an acceflbry before the fact : thirdly, who may be- an acceflbry after it : and, laftly, how acceflbries, confidered merely as fuch, and diftinct from principals, are to be treated.
1. And, firft, as to what offences admit of acceflbries, and what not. In high treafon there are no acceflbries, but all are principals : the fame acts, that make a man acceflbry in felony, making him a principal in high treafon, upon account of the heinoufnefs of the crime*, Befides it is to be confldered, that the bare intent to commit treafon is many times actual treafon ; as imagining the death of the king, or confpiring to take away his crown. And, as no one can advife and abet fuch a crime without an intention to have it done, there can be no acceflbries
i Hal. P. C. 617. zllawk. P. C. 315. 3lnft.ijS. i Hal. P. C. 613. E 2 before
