De transactionibus theses LXIV

XXXIII.

However, it is not permitted to transact regarding adultery, abduction, or fornication.

XXXIV.

Regarding other crimes that do not carry the penalty of blood—that is, death—whether public or private, it is permitted to transact and reach an agreement in such a way that the transaction binds and removes the accuser, but not in such a way that it is unpunished.

XXXV.

For the accuser, by that act, falls into the accusation established against those who desist from an accusation by transacting.

XXXVI.

That is the accusation of the Senatusconsultum Turpilianum a decree of the Senate penalizing collusive or abandoned accusations.

XXXVII.

This statement pertains only to the accuser.

XXXVIII.

One cannot transact regarding sacred matters; however, amicable compositions and the exchange of the same things are not rejected.

XXXIX.

In matrimonial causes, because of the ambiguity of the matter, we shall argue with Bartolus Bartolus de Saxoferrato, a preeminent medieval jurist that a transaction is generally sustained as often as it is interposed for the sake of the marriage.

XL.

It remains for us to see what force a transaction has.