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The Digest of Justinian

§3.2.20.pr

Judicial Reproof for Instigation and Absence of Infamy

Explains that the words in a provincial governor's judgment regarding the instigation of an accusation impose moral shame rather than legal infamy, as one who merely exhorts does not act as a mandator.

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[PAPINIANUS libro primo responsorum.]

[PAPINIANUS, in his First Book of Responses.]

§3.2.20.pr

​Ob haec uerba sententia1 praesidis prouinciae 'callido commento uideris accusationis instigator fuisse' pudor potius oneratur,2 quam ignominia uidetur irrogari: non enim qui exhortatur mandatoris opera fungitur.3

​By these words in the judgment of the governor of the province, “you seem to have been the instigator of the accusation by a crafty device,” shame is rather burdened than infamy seen to be imposed; for he who exhorts does not perform the office of a mandator.

Syntax notes3 items
  1. 3.2.20.prsententia

    Interpreted as an ablative (sententia), meaning "in/by the judgment." Together with the preceding 'ob haec uerba' (because of these words), it construes as "because of these words in the judgment of the governor of the province."

  2. 3.2.20.prpudor potius oneratur

    Contrasts pudor (moral shame) with ignominia (legal infamy). The governor's harsh words merely burden one with moral censure (pudor... oneratur) rather than imposing legal infamy (ignominia... irrogari).

  3. 3.2.20.prmandatoris opera fungitur

    'opera' is the ablative singular of the feminine noun 'opera' (service, office), serving as the complement of the verb 'fungitur' (from 'fungor', 'to perform/discharge'), which governs the ablative. It means to perform the office of a mandator.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.2.20.pr