From: Senator [Cassiodorus], Praetorian Prefect
To: Provincial Judges
Date: ~533-537 AD
Context: Cassiodorus follows up his public edict with private instructions to his judges, pressing them to govern justly — knowing that past corruption has made the public skeptical.
Knowing that those who had been diminished by past abuses might struggle to believe otherwise, since the human mind easily suspects from any new source the same treatment it has already endured, I published my intentions in the form of an edict — so that, with God's help, those I wish to feel secure would not be burdened even by anxiety itself. For it is no small torment to dread some adversity that may be coming, since what is feared is always imagined to be worse than what actually emerges. Let even the slightest suspicion of harm be far from our times. The man who is thought wicked is already close to being guilty, because once a plausible suspicion enters the heart, it takes hold of the mind.
Therefore, let your jurisdiction post the enclosed document in the most frequented places. It is fitting that those I have resolved to instruct should learn of my orders. Let the love of all be stirred toward our fortunate sovereigns — so that, just as I have wished to keep no one in suspense with apprehensive thoughts, they too should show themselves devoted to their rightful rulers. You will make my promises come true if you preside over the provincials with fairness.
Love justice — it will make you beloved and, through sharing in it, grant you glorious reward.
Know that your staffs stand beside you as witnesses to your conduct. How great a thing it is, in the sight of so many, to act in ways that all their mouths can praise! Understand that the word "judgment" [iudicium] is derived from "the exercise of law" [iuridicium]. It is not fitting for a magistrate to do what another would be prosecuted for. What should a defendant fear when he sees criminality installed in the seat of authority? The only real punishment for the wicked is when they feel that public opinion is against their character. There can be no such thing as discipline when discipline itself needs correcting.
Strive together with me to give the provincials good governance while removing their hardship. Let the discussion be about remedies, not injuries. It is a grave evil for someone to be appointed to dispense the benefits of the law and then be found mixed up with abuse. Govern in such a way that, when justice has proven itself, your year in office seems to have passed too quickly. Let honors be offered to you voluntarily — for you will lose any need for bribery if you align the provincials' wishes with your own.
I am appointing no secret inspectors over your conduct, nor do I bend a judge's judgment through private pressure. But conduct yourselves in such a way that what I now consider most shameful never becomes necessary. You exercise a dignity equivalent to my own, provided you carry it with purity of conscience. Oppose wrongdoing; nurture the innocent no less.
If, however, anyone with reckless daring defies your authority and you cannot enforce what is just — either send the petitioner directly to me with your written report, or, if the person lacks the means to travel, let the matter be explained through a dispatched report. You have received the public transport warrants, and I am glad to hear about such matters. Every excuse has been removed from you, since you can either set things right through your own authority or report to me what needs attention.
VIIII.
IUDICIBUS PROVINCIARUM SENATOR PPO.
[1] Sciens ab eis contrarium posse credi, qui praecedentibus malis fuerant imminuti, dum mens humana facile suspicatur de quolibet illa quae pertulit, propositi nostri votum edictali tenore promisimus, ne iuvante deo quos securos esse cupimus vel de ipsa sollicitudine gravaremus. non enim est parvum tormentum adversum aliquid formidare venturum, dum semper gravius aestimatur emergere quod timetur. absit a nostris temporibus vel minima credulitas laesionis. reo iam vicinus est qui malus putatur, quia tunc aliquid persuadetur animo, cum intraverit pectus apta suspicio. [2] Quapropter dicatio tua per loca celeberrima proponi faciat destinata. aptum est enim ab his iussa cognosci, quos decrevimus ammoneri. excitetur nunc amor omnium circa dominos felices, ut, sicut nos nullum contraria voluimus cogitatione suspendere, ita se et illi devotos debeant pie regnantibus exhibere. sponsiones autem nostras vos veras efficitis, si provincialibus aequabiliter praesidetis. diligite iustitiam, quae vos et amabiles faciat et gloriosum commodum sua participatione concedat. [3] Scitote officia vobis quasi actuum vestrorum testes assistere. et ideo quam magnum est in tantorum conspectu facere quod omnium possint ora praedicare? iudicium quasi iuridicium cognoscite vocitatum. praesulem agere non decet quod alter accuset. quid timeat reus, cum viderit crimen in fascibus constitutum? sola malis illa tormenta sunt, si publica vota moribus suis sentiant esse contraria. dici enim non potest disciplina, quando ipsa fuerit corrigenda. [4] Studete ergo nobiscum, ut boni mores provincialibus dentur, sed nuditas auferatur. de remediis potius quam de laesione tractetur. grave malum est quemquam ad largienda iuris beneficia fieri et mixtum laesionibus inveniri. sic agite, ut, cum iustitia probata quaeritur, annus vester brevis esse videatur. honores vobis potius offerantur. necessitatem quippe ambitus amittetis, si provincialium vobis vota societis. nullos vestrorum actuum facimus esse custodes nec sub privato arbitrio ingenium iudicis inclinamus: sed omnia sic gerite, ne fiat necessarium quod nunc credimus esse turpissimum. instar nostrae geritis dignitatis si vos conscientiae puritate tractetis. obviate malis, fovete nihilominus innocentes. [5] Si quis tamen est, qui ausu temerario contra vestros fasces erigatur nec possitis exercere quod iustum est, aut petitorem protinus cum vestra relatione transmittite aut, si viribus deseritur veniendi, negotium destinata relatione declaretur, quando et evectiones publicas accepistis, et nobis gratum sit audire de talibus. atque ideo totius vobis excusationis causa summota est, quando aut per dignitatem vestram potestis recta gerere aut certe nobis quae sunt necessaria nuntiare.
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From:Senator [Cassiodorus], Praetorian Prefect
To:Provincial Judges
Date:~533-537 AD
Context:Cassiodorus follows up his public edict with private instructions to his judges, pressing them to govern justly — knowing that past corruption has made the public skeptical.
Knowing that those who had been diminished by past abuses might struggle to believe otherwise, since the human mind easily suspects from any new source the same treatment it has already endured, I published my intentions in the form of an edict — so that, with God's help, those I wish to feel secure would not be burdened even by anxiety itself. For it is no small torment to dread some adversity that may be coming, since what is feared is always imagined to be worse than what actually emerges. Let even the slightest suspicion of harm be far from our times. The man who is thought wicked is already close to being guilty, because once a plausible suspicion enters the heart, it takes hold of the mind.
Therefore, let your jurisdiction post the enclosed document in the most frequented places. It is fitting that those I have resolved to instruct should learn of my orders. Let the love of all be stirred toward our fortunate sovereigns — so that, just as I have wished to keep no one in suspense with apprehensive thoughts, they too should show themselves devoted to their rightful rulers. You will make my promises come true if you preside over the provincials with fairness.
Love justice — it will make you beloved and, through sharing in it, grant you glorious reward.
Know that your staffs stand beside you as witnesses to your conduct. How great a thing it is, in the sight of so many, to act in ways that all their mouths can praise! Understand that the word "judgment" [iudicium] is derived from "the exercise of law" [iuridicium]. It is not fitting for a magistrate to do what another would be prosecuted for. What should a defendant fear when he sees criminality installed in the seat of authority? The only real punishment for the wicked is when they feel that public opinion is against their character. There can be no such thing as discipline when discipline itself needs correcting.
Strive together with me to give the provincials good governance while removing their hardship. Let the discussion be about remedies, not injuries. It is a grave evil for someone to be appointed to dispense the benefits of the law and then be found mixed up with abuse. Govern in such a way that, when justice has proven itself, your year in office seems to have passed too quickly. Let honors be offered to you voluntarily — for you will lose any need for bribery if you align the provincials' wishes with your own.
I am appointing no secret inspectors over your conduct, nor do I bend a judge's judgment through private pressure. But conduct yourselves in such a way that what I now consider most shameful never becomes necessary. You exercise a dignity equivalent to my own, provided you carry it with purity of conscience. Oppose wrongdoing; nurture the innocent no less.
If, however, anyone with reckless daring defies your authority and you cannot enforce what is just — either send the petitioner directly to me with your written report, or, if the person lacks the means to travel, let the matter be explained through a dispatched report. You have received the public transport warrants, and I am glad to hear about such matters. Every excuse has been removed from you, since you can either set things right through your own authority or report to me what needs attention.
Modern English rendering for readability. See the 19th-century translation or original Latin/Greek for scholarly use.