Accessary, something that accedes, or is added to another more considerable thing; in which sense the word stands opposed to Principal.

Accessory, in Common Law, is chiefly used for a person guilty of a felonious offence, not principally, but by participation; as by advice, command, or concealment.

There are two kinds of accessories: before the fact, Accessory and after it. The first is he who commands, or procures another to commit felony, and is not present himself; for if he be present he is a principal. The second is he who receives, afflicts, or comforts any man that has done murder or felony, whereof he has knowledge. A man may also be accessory to an accessory, by aiding, receiving, &c. an accessory in felony.

An accessory in felony shall have judgment of life and member, as well as the principal who did the felony; but not till the principal be first attainted, and convicted, or outlawed thereon. Where the principal is pardoned without attainer, the accessory cannot be arraigned; it being a maxim in law, Ubi non est principalis, non potest esse accessorius: but if the principal be pardoned, or have his clergy after attainer, the accessory shall be arraigned; 4 and 5 W. et M. cap. 4. And by stat. 1 Anne, cap. 9, it is enacted, that where the principal is convicted of felony, or stands mute, or challenges above 20 of the jury, it shall be lawful to proceed against the accessory in the same manner as if the principal had been attainted; and notwithstanding such principal shall be admitted to his clergy, pardoned, or delivered before attainer. In some cases also, if the principal cannot be taken, then the accessory may be prosecuted for a misdemeanor, and punished by fine, imprisonment, &c. In the lowest and highest offences there are no accessories, but all are principals: as in riots, routs, forcible entries, and other trespasses, which are the lowest offences. So also in the highest offence, which is, according to the English law, high treason, there are no accessories.

Accessories, in petty treason, murder, and in felonies of several kinds, are not to have their clergy. There can be no accessory before the fact in manslaughter: because that is sudden and unpremeditated.