Maxim 7.1.31
The accessory does not precede, but follows the principal.
Source: Co. Litt. 152; C.L.M.; Weisman, 26x
Explanation
(English-origin maxim.) An accessory's liability depends on the principal's — there can be no accessory without a principal offender, and the accessory's guilt follows from and cannot exceed the principal's.
Where this applies
- A guarantor is pursued for a debt before the primary debtor has been held liable.
- A secondary party's liability is claimed to exist independently of the main wrongdoer's.
Cite this maxim
NeCede Max. 7.1.31 — The accessory does not precede, but follows the principal. — Co. Litt. 152; C.L.M.; Weisman, 26x
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