reafon of the difference of his punilliment[1]. 3. Becaufe for- merly no man could be tried as acceflbry, till after the principal was convicted, or at leaft he mufb have been tried at the fame time with him : though that law is now much altered, as will be {hewn more fully in it's proper place. 4. Becaufe, though a man be indicted as acceflbry and acquitted, he may afterwards be indicted as principal -, for an acquittal of receiving or coun- felling a felon is no acquittal of the felony itfelf: but it is mat- ter of fome doubt, whether, if a man be acquitted as principal, he can be afterwards indicted as acceflbry before the fact j fince thofe offences are frequently very near allied, and therefore an acquittal of the guilt of one may be an acquittal of the other alfo[2]. But it is clearly held, that one acquitted as principal may be indicted as an acceflbry after the fact; fince that is always an offence of a different fpecies of guilt, principally tending to evade the public juftice, and is fubfequent in it's commencement to the other. Upon thefe reafons the diftinction of principal and acceflbry will appear to be highly neceflary; though the punimment is flill much the fame with regard to principals, and fuch acceflbries as offend a priori.
f Beccar. c.37. g 1 Hal. P.C. 625, 626. 2 Hawk. P.C. 373. Foſter. 361.
