Digesto 50.16.85 (Marcell. 1 dig.) : osservazioni sull’evoluzione del principio tres faciunt collegium

In Marcell. 1 dig. D. 50.16.85 a passage is reported, in which the well-known principle tres faciunt collegium is attributed to the jurist Neratius. This principle responds to the solution, which Roman jurisprudence arrived at perhaps after a long debate, of considering a collegium constituted only when composed of at least three sodales. This is the minimum number needed to form a majority and ensure the regular functioning of the collegium: the principle therefore seems to lie within the private sphere of the functioning of the fundamental structures of the collegia. An application of the principle, perhaps linked to the repressive needs of the associative phenomenon, probably occurred in some provincial areas. Taking inspiration from the placement of the above- mentioned fragment of the Digest, made by Lenel in his Palingenesia iuris civilis in the commentary ad legem municipalem, the present work aims to ‘coordinate’ the predominantly private application of the principle with the thesis, according to which the principle tres faciunt collegium would, instead, be attributable to criminal matters, as a criterion for the imputation of the crimen illiciti collegii, as can be deduced from some provincial laws. Finally, an interpretative hypothesis is offered for fragment 50.16.85 of the title de verborum significatione of the Digest, where the Compilers placed the passage from Neratius, given its character of definitio.