[PAULUS libro quinto ad edictum. ] §3.2.5.prquoniam intellegitur confiteri crimen qui paciscitur.
[PAULUS, in his Fifth Book on the Edict.] since he who settles is understood to confess to the crime.
Justinian I · The Digest of Justinian §3.2.5.pr
Settlement as Admission of Guilt Leading to Infamy
Summary
Explains the legal rationale why making a settlement is understood as an admission of guilt and thus leads to infamy.
Notes
- §3.2.5.prquoniam intellegitur confiteri crimen qui paciscitur — The relative clause `qui paciscitur` (he who settles), with its antecedent omitted, serves as the subject of the passive verb `intellegitur` in a "nominative with infinitive" (Nominativus cum Infinitivo) construction. The present infinitive of the deponent verb `confiteri` (to confess) complements `intellegitur`, meaning "he who settles is understood to confess to the crime." The conjunction `quoniam` (since/because) provides the rationale for why a person who has settled (`pactusue erit` in §3.2.4.5) is declared infamous.
Cite this passage
Justinian I, The Digest of Justinian §3.2.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.2.5.pr
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