art and part

ART AND PART, Scotch law. Where one is accessory to a crime committed byanother; a person may be guilty, art and part, either by giving advice orcounsel to commit the crime; or, 2, by giving warrant or mandate to commitit; or, 3, by actually assisting the criminal in the execution.
2. In the more atrocious crimes, it seems agreed, that the adviser isequally punishable with the criminal and that in the slighter offences, thecircumstances arising from the adviser's lesser age, the jocular or carelessmanner of giving the advice, &c., may be received as pleas for softening thepunishment.
3. One who gives a mandate to commit a crime, as he is the first springof the action, seems more guilty than the person employed as the instrumentin executing it.
4. Assistance may be given to the committer of a crime, not only in theactual execution, but previous to it, by furnishing him, with a criminalintent, with poison, arms, or other means of perpetrating it. That sort ofassistance which is not given till after the criminal act, and which iscommonly called abetting, though it be itself criminal, does not infer artand part of the principal crime. Ersk. Pr. L; Scot. 4, 4, 4 ; Mack. Cr.Treat. tit. Art and Part.