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Show 332 Acrs RELATING Part HI; penner‘s of it to have been otherwife than in their fenfes. This one {hould have Se&.ll. TO THE Commas. 333 all treafon is felony) is, that every fiatute making that fort of act felony, which was thought might have led the objectors to fufpeét, that the exprefs mention of the not fo before, efiablilhes, zp/éfafia, all power of arrefiing, and bringing over, cident to the main was not fo necedary to be made, either felony efiablifhed by common law *. Without faying any thing of accomplices, it fubjeé'ts the accomplice to the punifli- ment to which accomplices in original common law felonies are fubjeEt: it {uhje€ts both principals and accomplices to the penalties of forfeiture and attainder, without faying any thing about forfeiture by thofe who framed the act, or by thofe who recommended it to be enforced. If the power of arrefling for treafon is virtually and implicitly given by the provifion that gives a power of trying for trea- fOn; given in this infiance, as in any other, virtually, implicitly, and of courfe; to give it by exprefs words is at bell un- necelfary: it is perhaps nugatory; to fay nothing of its being impolitic, which is a matter of difiinét confideration. Now that this power was this given is what feems to be the cafe. A general and well known maxim of law is, that where a right or power is given, every thing is given that is neceffary to the exercife ofit. A more particular rule of law, applied to felony (and 1 all thefe acceffary provilions, which are in- provifions againfl; or attainder; afon‘z'arz', it muff be un- derflood to eftablilh that mode of profe- " " " " " " 9" " As to the fecond point, viz. what is im- mediately implied in every flatute making an. offence felony, it feems clear (fays Hawkins) that every {uch fiatute does by neceflary confequence fubjeét the offender to the like attainder forfeiture, 8m. and alfo does require the like confiruétion as to thofe who {hall be accounted " acceflaries before or after, and to a1] other intent: " and purpofis, as are incident to a felony at comf‘ mnn law." Hawkins, b,i. ch. iv. {e6} iv. cution l \_llillllll '3- .. *lu Ill-l" ! |