De confessis
(Concerning confessions.)
1 Paulus libro quinquagensimo sexto ad edictum. Confessus pro iudicato est, qui quodammodo sua sententia damnatur.
1 Paulus, On the Edict, Book LVI. He who confesses in court is held to have had judgment rendered against him, for he himself is, as it were, condemned by his own sentence.
2 Ulpianus libro quinquagensimo octavo ad edictum. Non fatetur qui errat, nisi ius ignoravit.
2 Ulpianus, On the Edict, Book LVIII. He who makes a mistake does not confess unless he is ignorant of the law.
3 Paulus libro nono ad Plautium. Iulianus ait confessum certum se debere legatum omnimodo damnandum, etiam si in rerum natura non fuisset et si iam a natura recessit, ita tamen, ut in aestimationem eius damnetur: quia confessus pro iudicato habetur.
3 Paulus, On Plautius, Book IX. Julianus says that he who confesses that he owes a legacy should by all means be compelled to pay it, even if the property had never been in existence, or had ceased to exist. He, however, can be adjudged to pay the appraised value of the property for the reason that he who confesses is considered as having had judgment rendered against him.
4 Idem libro quinto decimo ad Plautium. Si is, cum quo lege Aquilia agitur, confessus est servum occidisse, licet non occiderit, si tamen occisus sit homo, ex confesso tenetur.
4 The Same, On Plautius, Book XV. If he against whom proceedings have been instituted under the Aquilian Law confesses that he has killed a slave, even though he may not have done so, and the slave is found to have been killed, he will be liable on account of his confession.
5 Ulpianus libro vicensimo septimo ad edictum. Qui Stichum debere se confessus est, sive mortuus iam Stichus erat sive post litis contestationem decesserit, condemnandus est.
5 Ulpianus, On the Edict, Book XXVII. Where anyone confesses that he owes Stichus, judgment should be rendered” against him; even if Stichus is already dead, or died after issue was joined in the case.
6 Ulpianus libro quinto de omnibus tribunalibus. Certum confessus pro iudicato erit, incertum non erit. 1Si quis incertum confiteatur vel corpus sit confessus Stichum vel fundum dare se oportere, urgueri debet, ut certum confiteatur: item eum, qui rem confessus est, ut certam quantitatem fateatur. 2Sed et si fundum vindicem meum esse tuque confessus sis, perinde habeberis, atque si dominii mei fundum esse pronuntiatum esset. et si alia quacumque actione civili vel honoraria vel interdicto exhibitorio vel restitutorio vel prohibitorio dum quis convenitur, confiteatur, dici potest in his omnibus subsequi praetorem voluntatem orationis divi Marci debere et omne omnino, quod quis confessus est, pro iudicato habere. dabitur igitur ex his actionibus, ex quibus dies datur ad restituendam rem, confesso tempus ad restitutionem et, si non restituatur, lis aestimabitur. 3Si quis absente adversario confessus sit, videndum, numquid non debeat pro iudicato haberi, quia nec qui iurat de operis, obligatur nec soleat quis absenti condemnari. certe procuratorem, tutorem curatoremve praesentem esse sufficit. 4Sed an et ipsos procuratores vel tutores vel curatores fateri sufficiat, videamus: et non puto sufficere. 5In pupillo tutoris auctoritatem exigimus. 6Minorem a confessione sua restituemus. 7Confessi utique post confessionem tempora quasi ex causa iudicati habebunt.
6 The Same, On All Tribunals, Book V. He who confesses that he owes a specified sum of money is considered as having had judgment rendered against him; but this rule does not apply where the amount is uncertain. 1When anyone admits that he owes an uncertain amount of money, or something which is not specifically designated, as, for instance, if he says that he is obliged to deliver either Stichus or a tract of land, he must be urged to make his allegations more definite. The same rule applies to him who admits that he owes some property, to compel him to state the amount. 2If I bring an action to recover a tract of land which is mine, and you admit that it is mine, you will occtipy the same position as if a judgment had been rendered declaring the land to belong to me. And, in any other kind of civil or honorary actions, and in all interdicts for the production of property, or its restitution, including prohibitory interdicts, if the party who is sued admits the indebtedness, it may be said that the Prætor must follow the provision of the Rescript of the Divine Marcus, and everything which he confesses to be due is held to have been judicially decided. Therefore, in actions in which time is granted for the restitution of property, it will also be granted for restitution to the party who confesses judgment; and if restitution should not be made, the value of the property shall be appraised in court. 3If anyone admits that a claim is valid in the absence of his adversary, let us see whether he should not be considered to have had judgment rendered against him; because he who makes oath with reference to his services is not liable, and it is not customary to condemn anyone in his absence. It is certain that it is sufficient for the confession to be made in the presence of an agent, a guardian, or a curator. 4Let us see whether it will be sufficient for an agent, a guardian, or a curator, to make the confession. I do not think that it will be sufficient. 5In the case of a confession by a ward, we require the authority of his guardian, 6we grant complete restitution to a minor against his confession. 7Those who have confessed judgment are entitled to time for payment after making their confession, just as parties are after judgment has been rendered.
7 Africanus libro quinto quaestionum. Cum fideicommissum peteretur, heres confessus est debere: arbiter ad restituendum datus comperit nihil deberi: quaesitum est, an possit absolvere. respondi posse interesse, qua ex causa nihil debeatur. nam si ob id, quod nullum fideicommissum fuerit, non debere eum absolvere: si vero quia testator forte solvendo non erat aut quod heres omne solutum esse apud praetorem dixerat et, cum controversia et conputatio difficilior esset, arbiter datus fuerit, salvo officio eum absoluturum: has enim partes eius esse, ut, si in computatione nihil inveniatur, possit absolvere. sed et ex superiore casu ad praetorem remittere debet, ut absolvatur.
7 Africanus, Questions, Book V. Where suit was brought to compel the execution of a trust, the heir having admitted that he owed it, an arbiter was appointed to see that the property was delivered, who ascertained that nothing was due. The question arose whether the heir could be released from liability. I answered that it was important to learn why nothing was due, for if the reason was that the trust was void, the heir would not be released. But if it was because the testator was not solvent, or the heir had alleged before the Prætor that everything was paid, and as a controversy had arisen, and a computation was difficult, a condition of affairs had caused the appointment of an arbiter, he could release the heir without exceeding his authority. For it is duty to discharge the heir, if, after the computation has been made, nothing is found with which to execute the trust; but, in the first instance, he should send the heir before the Prætor in order that he may be discharged.
8 Paulus libro quarto ad Sabinum. Non omnimodo confessus condemnari debet rei nomine, quae, an in rerum natura esset, incertum sit.
8 Paulus, On Sabinus, Book IV. A party who confesses judgment should not have a decision absolutely rendered against him, when he acknowledged that he owes property the existence of which is uncertain.