[ULPIANUS libro quinto de omnibus tribunalibus. ] §42.2.6.prCertum confessus pro iudicato erit, incertum non erit.
[ULPIAN, in the fifth book on All Tribunals.] He who has confessed a certain thing shall be treated as if he had been condemned; he who has confessed an uncertain thing shall not.
§42.2.6.1Si quis incertum confiteatur uel corpus sit confessus Stichum uel fundum dare se oportere, urgueri debet, ut certum confiteatur: item eum, qui rem confessus est, ut certam quantitatem fateatur.
If anyone should confess an uncertain thing, or should have confessed that he is bound to give a specific object, such as Stichus or a tract of land, he must be urged to confess a certain thing; likewise, he who has confessed a specific thing must be urged to acknowledge a certain quantity.
§42.2.6.2Sed et si fundum uindicem meum esse tuque confessus sis, perinde haberberis, atque si dominii mei fundum esse pronuntiatum esset.
But even if I should claim a tract of land and you have confessed that it is mine, you shall be treated just as if it had been pronounced that the land is my property.
et si alia quacumque actione ciuili uel honoraria uel interdicto exhibitorio uel restitutorio uel prohibitorio dum quis conuenitur, confiteatur, dici potest in his omnibus subsequi praetorem uoluntatem orationis diui Marci debere et omne omnino, quod quis confessus est, pro iudicato habere.
And if anyone, while being sued by any other civil or honorary action, or by an exhibitory, restitutory, or prohibitory interdict, should make a confession, it can be said that in all these cases the praetor ought to follow the intent of the speech of the Divine Marcus, and to treat absolutely everything that anyone has confessed as if it had been decided by a judgment.
dabitur igitur ex his actionibus, ex quibus dies datur ad restituendam rem, confesso tempus ad restitutionem et, si non restituatur, lis aestimabitur.
Therefore, in those actions where a time limit is given for restoring the thing, time for restoration shall be given to the party who has confessed, and, if it is not restored, the value of the suit shall be assessed.
§42.2.6.3Si quis absente aduersario confessus sit, uidendum, numquid non debeat pro iudicato haberi, quia nec qui iurat de operis, obligatur nec soleat quis absenti condemnari.
If anyone has confessed in the absence of his adversary, we must consider whether it should not be held as decided by a judgment, because neither is he bound who takes an oath concerning services, nor is it customary for anyone to be condemned in the absence of the other party.
certe procuratorem, tutorem curatoremue praesentem esse sufficit.
Certainly, it is sufficient for a procurator, tutor, or curator to be present.
§42.2.6.4Sed an et ipsos procuratores uel tutores uel curatores fateri sufficiat, uideamus: et non puto sufficere.
But let us see whether it is sufficient for the procurators, tutors, or curators themselves to make a confession; and I do not think it is sufficient.
§42.2.6.5In pupillo tutoris auctoritatem exigimus.
In the case of a pupillus, we require the authority of the tutor.
§42.2.6.6Minorem a confessione sua restituemus.
We shall restore a minor against his confession.
§42.2.6.7Confessi utique post confessionem tempora quasi ex causa iudicati habebunt.
In any case, those who have confessed shall, after their confession, have the same period of time as if they had been condemned by a judgment.