Accessary before the fact

Accessary \Ac*ces"sa*ry\ (277), n.; pl. {Accessaries}. [Cf.
   {Accessory} and LL. accessarius.] (Law)
   One who, not being present, contributes as an assistant or
   instigator to the commission of an offense.
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   {Accessary before the fact} (Law), one who commands or
      counsels an offense, not being present at its commission.
      

   {Accessary after the fact}, one who, after an offense,
      assists or shelters the offender, not being present at the
      commission of the offense.
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   Note: This word, as used in law, is spelt accessory by
         Blackstone and many others; but in this sense is spelt
         accessary by Bouvier, Burrill, Burns, Whishaw, Dane,
         and the Penny Cyclopedia; while in other senses it is
         spelt accessory. In recent text-books on criminal law
         the distinction is not preserved, the spelling being
         either accessary or accessory.
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Fact \Fact\ (f[a^]kt), n. [L. factum, fr. facere to make or do.
   Cf. {Feat}, {Affair}, {Benefit}, {Defect}, {Fashion}, and
   {-fy}.]
   1. A doing, making, or preparing. [Obs.]
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            A project for the fact and vending
            Of a new kind of fucus, paint for ladies. --B.
                                                  Jonson.
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   2. An effect produced or achieved; anything done or that
      comes to pass; an act; an event; a circumstance.
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            What might instigate him to this devilish fact, I am
            not able to conjecture.               --Evelyn.
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            He who most excels in fact of arms.   --Milton.
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   3. Reality; actuality; truth; as, he, in fact, excelled all
      the rest; the fact is, he was beaten.
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   4. The assertion or statement of a thing done or existing;
      sometimes, even when false, improperly put, by a transfer
      of meaning, for the thing done, or supposed to be done; a
      thing supposed or asserted to be done; as, history abounds
      with false facts.
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            I do not grant the fact.              --De Foe.
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            This reasoning is founded upon a fact which is not
            true.                                 --Roger Long.
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   Note: The term fact has in jurisprudence peculiar uses in
         contrast with law; as, attorney at law, and attorney in
         fact; issue in law, and issue in fact. There is also a
         grand distinction between law and fact with reference
         to the province of the judge and that of the jury, the
         latter generally determining the fact, the former the
         law. --Burrill --Bouvier.
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   {Accessary before the fact}, or {Accessary after the fact}.
      See under {Accessary}.

   {Matter of fact}, an actual occurrence; a verity; used
      adjectively: of or pertaining to facts; prosaic;
      unimaginative; as, a matter-of-fact narration.

   Syn: Act; deed; performance; event; incident; occurrence;
        circumstance.
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