Justinian I · The Digest of Justinian §3.2.20.pr

Judicial Reproof for Instigation and Absence of Infamy

Passage 478 of 9271 · Latin

Summary

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.

[PAPINIANUS libro primo responsorum. ] §3.2.20.prOb haec uerba sententia praesidis prouinciae 'callido commento uideris accusationis instigator fuisse' pudor potius oneratur, quam ignominia uidetur irrogari: non enim qui exhortatur mandatoris opera fungitur.

[PAPINIANUS, in his First Book of Responses.] 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.

Notes

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."
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).
3.2.20.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.

Cite this passage

Justinian I, The Digest of Justinian §3.2.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.2.20.pr

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