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Justinian I · The Digest of Justinian §42.1.56.pr

Cessation of Proceedings after Judgment, Oath, or Confession

Passage 6908 of 9271 · Latin

Summary

It states that after a judgment, a decision by oath, or a confession in court, nothing is further investigated after the address of the Divine Marcus, because those who confess in court are held as adjudged.

[IDEM libro uicensimo septimo ad edictum. ] §42.1.56.prPost rem iudicatam uel iureiurando decisam uel confessionem in iure factam nihil quaeritur post orationem diui Marci, quia in iure confessi pro iudicatis habentur.
[THE SAME, in the twenty-seventh book On the Edict.] After a matter has been adjudged, or decided by oath, or a confession has been made in court, nothing is investigated, after the address of the Divine Marcus; because those who have confessed in court are treated as adjudged.

Notes

  1. §42.1.56.prpost orationem diui Marci — There are two phrases with post modifying the main verb nihil quaeritur. The phrase refers to the historical and legal turning point after the address (oratio) delivered by Emperor Marcus Aurelius in the Senate, which had the force of law, establishing that no further inquiry is made after a confession in court.
  2. §42.1.56.prpro iudicatis habentur — The construction haberi pro with the ablative means "to be held as" or "to be treated as equivalent to." Here, it expresses the fundamental principle of Roman law (confessus pro iudicato est) that those who have confessed in court (confessi in iure) are treated in the same manner as those who have been adjudged (iudicati), acquiring the force of res iudicata.

Cite this passage

Justinian I, The Digest of Justinian §42.1.56.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.1.56.pr

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