Principal
The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The Cyclopedic Law Dictionary
Leading; chief; more important. This word has several meanings. It is used in opposition to "accessary," to show the degree of crime committed by two persons. In estates, "principal" is used as opposed to "incident" or "accessory," to denote the more important subject to which others are appurtenant or ancillary, as in the rule: "The incident shall pass by the grant of the principal, but not the principal by the grant of the incident, — accessorium non ducit, sed sequitur suum principale."
Co. Litt. 152a.
It is used in opposition to "agent," and in this sense it signifies that the principal is the prime mover. It is used in opposition to "interest;" as, the principal being secured, the interest will follow. It is used also in opposition to "surety," to denote the person for whom the surety is bound. Thus, we say, the principal Is answerable before the surety. Principal is used also to denote the more important; as, the principal person. In the English law, the chief person in some of the inns of chancery is called "principal of the house." Principal is also used to designate the best of many things; as, the principal bed, the principal table, and the like. In Contracts'. One who, being competent sui juris to do any act for his own benefit or on his own account, confides it to another person to do for him.
1 Domat, bk. 1, tit. 15, Introd.; Story, Ag. § 3.
In Criminal Law. Principals in crime are either in the first or second degree. his own hand, or by an inanimate agency U Bl. Comm. 34; 2 Sumn. [U. S.] 482), or by an innocent human agent (1 N. Y. 173; 1 Mass. 136)., A principal in the second degree is one who, being present at the commission of a crime by another, aids and abets him therein. There must be a guilty principal in the first degree. The principal in the second must be present, but constructive presence, as by keeping watch at a distance, is sufficient (83 N. Y. 408; 13 Nev. 386), and the principal in the second degree must in some manner assist or abet the principal offender; mere presence and acquiescence not being enough (81 111. 333; 45 Cal. 293). See "Aiding and Abetting;" "Presence." The distinction between principals and accessaries is not recognized in treason or in misdemeanors.
4 Bl. Comm. 35, 36.