The help of a preface most often springs from adversity—from one's actions—when that aids the writer which could have hindered him as he thought. And this matter, although it takes away praise, yet when handled mercifully grants pardon; because no one can exact from the busy what is agreed to be owed by the idle. Wherefore, if a most distinguished administrator should be believed to have had leisure, it is a reproach—he whose very privacy is said to be one buffeted by tumultuous business. But hardly will the proof, carried through to effect, profit us anything, since we are both believed to have been busy and judged to have least been allowed to write badly. For it is far better to hide faulty things in darkness than to publish blameworthy ones with presumptuous importunity.
But this an idle man will be able to object to me: if I have hurled out a word with improvident haste, if I have not adorned with the comeliness of speech a thought taken from the common stock, if I have not, according to the precept of the ancients, rendered to persons their own propriety. But a busy man, who is snatched away by the diversity of cases, upon whom it constantly presses to render a reply and to dictate to another what must be expedited—he will not be able to condemn me, who knows himself to have been imperilled in such matters. For one who is conscious of his own is an easy absolver of another's; for we are not always strong in those things in which we are sometimes judged able. A glad genius pours forth a witty invention; an occupied mind conceives tepid sayings.
Sometimes it befits the keen to be perpetually polished, since the art of speaking is recognized to lie within our own power, but alacrity of mind is applied only to divine gifts. There remains therefore, as an excuse, the unhoped-for brevity of the books, which no one purges at length save him who is well believed to be about to speak well. But lest perhaps anyone may be offended that, set upon the praetorian summit, I have thus, while so utterly busy, dictated few things, let him receive it as done by the boldness of that most prudent man Felix, in whose counsel I shared in every case. For he is a man first of all purified by sincerity of character, eminent in knowledge of the law, distinguished by propriety of words, an old man in youth, a gentle disputant, measured and eloquent;
who, by elegantly fulfilling public necessities, brought them rather by his own labour to favourable repute. Otherwise, burdened by such masses of cases, I could either have proved unequal, or perhaps been found arrogant. But it is better that, refreshed by his toil, I attended to the royal cares in such a way that I could not, failing in arduous matters, be approved. And so I have appended two little books of my own dictations concerning the prefecture's administration, that I, who in ten books have spoken with the royal mouth, might not be held unknown in my own person; because it is too absurd that one fall silent in dignity attained, who seemed to have said much on behalf of others.
But after I had concluded our little work in twelve books with the desired ending, friends compelled me to discourse on the substance of the soul and on its virtues, so that, through one about whom we have said many things, we might be seen to speak also concerning the soul itself. Only spare me, you eloquent ones; rather favour those who are beginning. For if I merit nothing by the gift of eloquence, I am rather to be considered for my most dutiful labour—I who, occupied with such great necessities of the commonwealth, could thus find leisure amid burning cares, even were it my lot to glory in the Tullian streams. For even the very fount of eloquence himself, when he was begged to speak, is reported to have excused himself, because the day before he had not read. What now can befall others, if so great a glory of eloquence seemed to require the benefits of its authors?
The genius assuredly sickens, unless it be repaired by continual reading. Granaries are quickly spent which have not been propped up by constant addition. The treasure itself, how easily it is poured out, if it be not again replenished with monies. So the human understanding, when it is not stuffed with another's invention, can quickly be thinned out from its own. But if anything in us is fragrant, it is the flower of studies, which nonetheless is rendered withered if it be plucked from its mother, reading. For there it can be most flourishing, whence it is taught also to be born, since all things live most fully in their own origin, which are not yet carried off from their natural bosoms. Accordingly a great part of pardon lies in this: if we write without leisure, if we are read without our reading.
But let us now be removed from the wish to excuse ourselves, lest an overly affected defence give the greater offence. You commend to me, Conscript Fathers, my advancement, if I understand it to have been your wish: for I believe that to have turned out most prosperously which so many happy men are agreed to have desired. Indeed the desires of all good men are proved to be the auspices of good things, since no one can be received with the favour of such men save him whom the Godhead has commanded to be increased. Lend then mutual grace, that you may exact obedience. It is the nature of things to love a colleague. Nay rather you exalt your own praises, if you raise up the honour that has been given to Senator. May the solicitude of the Fathers urgently impel me to public benefits, so that it may rather be ascribed to your heralding, when I shall have deserved to please with such consolation.
My second care is to commend myself to you after the princes, because we trust that you love that which we perceive the lords of affairs also to command: first, that we should reckon useful what is honourable, that justice as a handmaid may ever accompany our acts, and that what we have not bought from a self-restrained prince we may basely sell to no one. You have heard, princely men, what weights of affairs I, being acclaimed, have undertaken. He is required beyond his strength who is praised for having entered the summits of dignity. These things we dare not call false, but we confess them to be greater than ourselves; for such judgments did not find merits, but made them: nor indeed do we boast on that account, who understand that our lords willed to raise up lowly things, lest they should seem to have bestowed things so vast upon the unmeriting.
The blessings of an age to be proclaimed snatch us away, and as if thirsting from long drought, they invite us to a draught of the sweetest savour. O blessed fortune of the age! Under a prince at rest, a mother's affection reigns, through which the whole is so accomplished that a general charity is felt to cover us. To her, whom all things serve, glorious obedience is rendered; and by a wondrous tempering of concord, before she could rule peoples, she had already begun to command her own character. This is assuredly the most difficult kind of reigning—for a youth to exercise sovereignty over his own senses. It is altogether a rare good that a lord should triumph over his own character, and attain this in flowering age, to which hoary modesty is scarcely believed to come.
Let us rejoice, Conscript Fathers, and render thanks with suppliant devotion to the supernal Majesty, since with the lapse of time there will be no clemency hard for our prince, who in his boyhood years learned to serve piety. But let us grant this miracle to the character of both: for so great is the maternal genius, that even by right an external prince ought to have served her. For all kingdoms most worthily venerate her, to behold whom is reverence, to hear whom speaking is a marvel. For by what tongue is she not proved most learned? She is eloquent with the brightness of Attic eloquence; she is resplendent with the pomp of Roman speech; she glories in the abundance of her native tongue; she excels all in their own languages, since she is equally everywhere marvellous.
For if to know one's vernacular tongue well belongs to a prudent person, what may be estimated of such wisdom, which guards so many kinds of eloquence with unfaltering practice? Hence comes to diverse nations a necessary and great protection, that before the ears of the most prudent lady no one needs an interpreter. For neither does an envoy suffer delay, nor does a petitioner suffer any loss from the slowness of a mediator, since each is both heard in his native words and answered with a reply in his own country's speech. To these things is joined, as it were an excellent diadem, the inestimable knowledge of letters, through which, while the prudence of the ancients is learned, the royal dignity is ever increased.
But although she rejoices in so great a perfection of tongues, in public action she is so silent that she is believed to be at leisure. With few words she dissolves knotty disputes; she settles fervent wars under quietness; the public good is conducted silently. You do not hear proclaimed what is seen to be openly undertaken, and by a wondrous tempering, through dissembling, she accomplishes what she recognizes must be hastened. What such thing did honoured antiquity merit? We have learned that Placidia, celebrated in the world's repute, glorious by the lineage of certain princes, devoted herself to her purple-clad son, whose empire, while she administered it slackly, is known to have been unbecomingly diminished. In short, by the loss of Illyricum she procured herself a daughter-in-law, and the union of a reigning house was made a grievous division for the provinces.
The soldiery too she loosened by excessive quiet. Protected by his mother, he endured what, left destitute, he could scarcely have suffered. But under this lady, who has had as many kings as kinsfolk, with God's help our army terrifies foreigners: an army which, balanced by provident disposition, is neither worn down by constant wars nor again softened by long peace. In its very beginnings too, when novelty, ever uncertain, is always being tested, against the wish of the Eastern prince she made the Danube to be Roman. It is known what the invaders endured: which things I judge ought to be passed over, lest the genius of an allied prince should bear the shame of the loser. For what he felt about our regions may be understood from this: that, though injured, he granted the peace which, though entreated, he had been unwilling to grant to others.
It is added that, though so rarely entreated, he honoured us with so many embassies, and that singular power of his, in order to exalt the lords of Italy, inclined the reverence of the Eastern summit. The Franks too, mighty by so many victories over barbarians, with what a vast expedition were they thrown into confusion! Provoked, they feared to enter into a contest with our men—they who with headlong onset have ever brought battles upon the nations. But although that haughty nation declined the conflict, it could not avoid the destruction of its own king. For that Theoderic, long glorying in a powerful name, fell in the triumph of our princes, overcome rather by a battle of sickness:
by divine ordinance, I believe, lest either the wars of kinsmen should defile us, or the army, justly led forth, should have no vengeance at all. Hail, military expedition of the Goths, more delightful than every felicity, which strikest off the head of a royal enemy and withholdest from us the fate of not even one of the meanest! The Burgundian moreover, that he might recover his own, became devoted, surrendering himself wholly when he had received a little. He chose indeed whole to obey rather than diminished to resist: more safely then did he defend his kingdom, when he had laid down his arms. For he recovered by prayer what he had lost in the battle-line.
Blessed art thou, O lady, with manifold praise, from whom by divine benefit all necessity of conflict is taken away, since either by heavenly felicity thou conquerest the foes of the commonwealth, or by thy commands thou joinest them to thee through their own spontaneous bounty. Exult, Goths and Romans alike: a worthy marvel, which all may speak of. Behold, by God's granting, a happy lady has fulfilled what each sex holds as excellent: for she has both brought forth a glorious king for us, and by fortitude of mind has vindicated a most widespread empire. These things, so far as they pertain to arms, are somehow told; but if we should wish to enter the halls of her piety, scarcely could a hundred tongues and a hundred mouths suffice us—she to whom equity and goodwill are indeed equal, but whose kindness is greater than her power.
Let us therefore say small things of great, few of very many. You know how great goods she has, by heavenly kindness, lavished upon our order: there is no doubt where the Senate is witness. The afflicted she has restored to a better state, the unharmed she has exalted with honours, and one by one she has bestowed goods on those whom she has guarded under a universal protection. The things we assert have already grown. For behold the patrician Liberius, prefect even of the Gauls, a military man, most welcome in fellowship, illustrious in merits, comely in form, but lovelier for his wounds, who has obtained the rewards of his labours—so that he neither lost the prefecture which he administered well, and a doubled honour adorned that excellent man: one whose merit is confessed, for whom a single reward alone does not suffice.
For he received also an immediate dignity, lest one who had served the commonwealth well should, by his long absence, be thought ungrateful. O the wondrous benevolence of our sovereigns, which exalted the aforesaid man to such a degree that, having bestowed the rods of office, she judged that his patrimony too should be augmented! And this was so gratefully received by all that, in the gift made to him, all believed themselves rather enriched; for whatever is granted to a worthy man is felt, beyond doubt, to be conferred upon many. Why then should I speak of his firmness of soul, which surpassed even philosophers most loudly praised? For from the mouth of our mistress proceeds a beneficent word, and a promise that abides under the seal of security. The things we speak, conscript fathers, are not less proven to us: he is a true witness who praises from experience.
For you have learned what wishes contended against me: neither gold nor great entreaties prevailed; all things were tried, that the glorious constancy of our most wise mistress might be proved. The order of my discourse demands that I rouse up the pomp of the ancient Augustae for a present comparison. But how shall the examples of women suffice for her, to whom all the praise of men yields? If that royal company of her ancestors were to behold her, they would soon, as in a most pure mirror, see their own renown. For Hamal shone in good fortune, Ostrogotha in patience, Athal in gentleness, Winitarius in equity, Unimund in beauty, Thorismuth in chastity, Walamer in faith, Theudimer in piety; and in wisdom, as you have now seen, her illustrious father.
Here indeed all would assuredly recognize their own qualities one by one, yet would happily confess themselves surpassed, since the renown of one cannot by right be matched with a whole throng of virtues. Consider what joy they would feel over such an heir, who was able to surpass the merits of them all. Perhaps you may seek separately the good qualities of our prince: he abundantly proclaims the offspring who praises its author. Then you retain that excellent saying of the most eloquent Symmachus: 'I joyfully look for the increase of his virtue, I who defer to praise its beginnings.' Come to my aid, conscript fathers, and by giving thanks to our common sovereigns on my behalf, discharge my debt by your own satisfaction; for just as one man is not able to satisfy the wishes of all, so many can fulfill the appointed tasks of one.
Entreaty must be made to you, most blessed father, that the gladness which by God's bounty we have received through you, we may feel to be preserved for us by your prayers. For who could doubt that our prosperity is to be ascribed to your merits, since we attain an honor while we do not deserve to be loved by the Lord, and by an exchange of office we receive good things, while we do nothing of the kind? Indeed, by ecclesiastical fasts the people's hunger has been shut out; by becoming tears foul sorrow has departed; and through holy men it was hastened that what burdened us should not drag on any longer.
And therefore, greeting you with that dutifulness which is fitting, I pray that you may pray more earnestly for the welfare of our rulers, so that the heavenly Prince may make their life long-lasting, may diminish the enemies of the Roman commonwealth, and may grant tranquil times; and then, what adorns peace, may He bestow upon us from the storehouses of His abundance the supply we need; and may He open to me, your son, the perception of understanding, that I may follow the things that are truly profitable and flee those that are to be avoided. May that rational vigor of the soul furnish us with counsel; may the face of truth grow bright, lest a bodily darkness becloud our mind; may we follow what is within, lest we be outside ourselves; may He instruct us with what savors of true wisdom; may He illumine us with what shines forth in heavenly brightness.
Lastly, may public office receive such a judge as the Catholic Church sends forth as a son. May holy virtue keep us safe even amid its own gifts, for we then undergo graver snares of the ancient adversary when we receive his gifts. Do not cast upon me alone the care of that city, which is rather secure through your praise. For you, as watchmen, preside over the Christian people; you, with a father's name, cherish all things. Therefore the security of the people looks to your reputation, to which the safeguarding has been divinely committed. Wherefore it befits us to consider certain things, but you all things. You indeed spiritually feed the flock entrusted to you; yet neither can you neglect those things which seem to sustain the body's substance.
For just as man consists of a duality, so it belongs to a good father to cherish both. First, to remove by holy prayers the scarcity of the season, which our offenses deserve. Yet if anything should befall—which God forbid—then necessity is well shut out when, against it, we deal under conditions of plenty. Admonish me carefully as to what must be done. Even when corrected, I long to act well, for the sheep that desires to hear its shepherd's voice goes astray with greater difficulty, nor is he easily made vicious upon whom an admonisher constantly presses. I am indeed a judge of the Palace, but I will not cease to be your disciple; for then do we rightly conduct these matters, if we in no way depart from your rules.
But since I desire both to be admonished by your counsels and to be aided by your prayers, you must now take it to yourselves if anything in me be found otherwise than was hoped. Let that See, marvelous throughout the whole world, shelter with affection its own worshipers—a See which, though granted to the world in general, is recognized as locally assigned to us as well. We hold something proper to the holy apostles, if by our dividing sins it be not rendered alien, since those confessions which the whole world desires to see, a happier Rome has earned to possess in her own bosom. We fear nothing, therefore, with such patrons, if the prayer of the bishop does not cease. It is indeed an arduous thing to satisfy the desires of many, but the Godhead knows how to bestow great things. May He Himself blunt the envious;
may He Himself make us citizens most pleasing by heavenly inspiration, and grant to your supplications such times wherein the supernal grace bestowed may be proclaimed. It is the natural custom of bodily fathers to rejoice in the advancement of their sons, since whatever of praise is granted to illustrious offspring is ascribed to their training. But you, spiritual parents, who with enlightened mind behold the Author of all things, supplicate diligently to the Holy Trinity on my behalf, that He may cause to shine joyfully the lamp set in the midst, so that neither may inner sight fail me, nor a vision of me be hidden from others. Will it profit a judge to be clear to others, if he be rather made obscure to himself? May He who deigned to grant tribunals grant also the dignity of a good conscience.
May He make me an inoffensive judge, lest I condemn one who errs. May He be present to us most favorably, so that ill-omened vices may be rendered absent. May He grant His love, that, taking pity, He may shut out the ambition of sinning. Wherefore, true parents of my soul, with affectionate and worthy petition I beseech you that, having proclaimed a fast, you supplicate the Lord, who may prolong the life of our princes for a flourishing kingdom, may as defender diminish the enemies of the commonwealth, may grant quiet times, abundant unto the praise of His name, and by the tranquility of all things may He deign to render me lovable to you. But that your prayer too may be more readily heard, be attentive toward those whom we send. What we do not know ought not to be imputed to us.
Let your testimony attend their deeds, so that either he who is praised may find favor, or he who is accused may find offense with us. For they will not be able to impute it to us if they offend, since they are not bidden to give wrongly, that they should be unjustly compelled to receive. To orphans and widows, against savage assaults, furnish such consolations as are pleasing to God—yet so that, what happens through excessive piety, while you seek to aid the wretched, you do not take away the place of the laws. For if anything perchance offends what is strict, give to all such admonitions that you may render the laws kept in good order.
Shut out, most holy ones, amid unclean spirits the implacable furies of the vices; temper violence, drive off avarice, remove thefts, separate from your people that luxury which depopulates the human race. Thus you effectively conquer the author of iniquity, if you remove his persuasions from human hearts. Let the bishop teach, so that the judge may be unable to find anything to punish. To you the administration of innocence has been given. For if your preaching does not cease, it must be that penal action comes to rest. And therefore I commend my dignity to you in every part, so that our deeds may be aided by the prayers of the holy, we who presume too little in human power. Counsel me also familiarly as to what is just.
I am no cunning denier of debts: what I owe in a general way, I pay unforced. I render also to your Holiness the office of an honorable greeting, and I close the text of my letter with an affectionate ending, so that the sweeter things may remain in your memory, since the mind well commends to itself the things that come last. With God's help, we securely entrust our reputation to you, whose conscience we have proved over a long age through various dealings in lawsuits. For if in the pursuit of advocacy you shone with the brightness of justice, what now, advanced to our counsels, will you do? For the merit increases in him to whom a greater office is given, since he is now to be reckoned on the side of the judges who has earned to sit beside the powers of the court. Let the benches, then, be adorned by him with whose voice the forums have thundered.
Though absent, cling to our side, about to take from it a fuller praise, because whatever you shall have well arranged alone will be reckoned wholly to you. Present, you would share this care with me and the glory; but now we are constrained to owe to you alone whatever of praise, by God's grant, we shall have been able to receive from it. Wherefore we decree that the office observe toward you what complies with our commands; and we order that obedience be given to your precepts also, most justly appointed for the public good, so that both you may have confidence in dispatching for the public good, and no one may take audacity from contempt.
If you judge it necessary to entrust certain matters even to sureties, take it up confidently, for this can the more relieve our mind, if we learn that something has been accomplished by you. To one present you would furnish only words; but now deeds rather are owed to one absent. The counsel of so great a See is, beyond doubt, a vast renown of merits; but consider what is required of one on whom such a name is imposed. Let your labor procure quiet for me from all. You know what disgraces neglect has brought. The rock must be avoided where another has stumbled. But my own anxious care, rather than any distrust of you, makes me admonish you of these things. For we believe that you carry out all those matters which, with God's help, we judge to be profitable to our reputation and to the commonwealth.
I believe you indeed rejoice in those things which I judge your charity to have desired; for in a manner his own business is being conducted, whose wishes are fulfilled in another. But from this I perceive the fruit of an ancient friendship, which, happier in its charm, has flowed forth into the sweetness of a most pleasant savor, if first you offer to our guests, as a choice gift, the plentiful supply of the Roman state, through those whose concern it is. For to this end have we entered upon the discomforts of travel, to this end so many narrow straits of thought, that that people, accustomed to ancient delights, may, in the most blessed times of our rulers, enjoy itself with its necessities banished. Far be it that we should be satisfied while anyone of that city goes hungry. Their want—which God forbid—is our scarcity. What more?
We cannot be glad unless we hear that they too rejoice in common. And therefore, with all liveliness let an uncorrupted kind of grain be gathered, so that the bread baked from it may seem set forth not for horror but for delights. Let just weight be preserved. Let the supplies surpass the desires of men's minds. That is not thought to abound which is sought after. Flee wicked gains, avoid abominable profits. Whatever is there wickedly presumed rages to the wounding of my own spirit. Let no one think it venial which he shall have attempted to take in this matter. We more readily consent to be encroached upon in our own case than that we should suffer the advantages of the Romans to be diminished—not that I may capture favor and popular applause, but that, with God's help, I may fulfill in their regard my own resolve of love.
All citizens indeed are to be cherished, but the Romans merit something more. A city adorned with so many distinguished senators, blessed with peoples so noble, ought to sound forth the praises of our princes, which a man of a foreign nation may marvel to have heard. For there the joy of the people justly exalts itself, which is known to have lords who are victors. Wherefore must be expended whatever fidelity, whatever great caution can display, because that is truly our advantage which procures for me their affection. Let those rejoice in present joys who were in suspense over our action; their desires, their wishes have aided us, and this profited me with the lords of affairs, that it was heard to be universally wished by them.
Act now, that this love, with the Lord's help, may persevere, for I believe they will do still more for the rest, since they feel that they have happily begun it in my case. Let us now seek abundance with common prayers; let us humbly supplicate the supernal mercy, that first the divine clemency may grant us the safety of our lords, and as for the rest, that no negligence may diminish the yield which it shall have furnished, nor any venality withdraw it. I promise my fidelity, but I await together with it the gifts of the Godhead; I offer caution, I shut out the foul things of most fraudulent trafficking. But let them glory in the Lord over the abundance they have deserved.
Although all military service is performed by fixed grades, and those who comply with the commands of judges keep their appointed times for themselves, your honor is acknowledged not to be bound by the customary order, for it has merited to be set before its own chiefs. For to you they render their services who are known to precede you, and by a reversed condition you are looked upon as reverend by those whom you are shown to be able to follow. This unequal equity, this special decree, this singular benefit you exercise under the eye of the judge, nor can it reasonably be blamed that it seems to be assumed against the order. No one prescribes to you concerning the quality of time. The transgression of the register is your action, and you alone confidently neglect what you compel others to keep.
But such things are granted to you for your outstanding merits, since he must be believed to surpass all in diligence and fidelity whom we are agreed to have chosen. For no one approves a follower except one whom praiseworthy virtue associates with himself, since it is blameworthy to raise up an inferior unless he be seen to excel others by his merits. This laudable prerogative, then, this gracious sentence, this household service from the twelfth indiction the office of the cancellarii confers upon you as an honor, so that you may guard the secrets of our consistory with faithful integrity; through you let one to be presented draw near; through you let the desire of a suppliant become known to our ears; may you dispatch our orders without any zeal for venality, and may you so conduct all things that you may be able to commend our justice.
For your deeds are the reputation of the judge, and just as the inner part of a house may fittingly be understood from its doors, so the mind of the chief is proved to be recognized from you—and not unjustly, since each man is seen to choose for his responses such a one as he has resolved to esteem all to be. The very garments which are applied to our bodies, can they not disfigure us, if they grow filthy with some defilement? But with how great grace do they seem to adorn us, when they have gleamed with praiseworthy purity! Thus a soldier admitted to the secrets of the judge either adorns or stains the reputation of his chief. Indeed those sin against us who burden others, and while the spoil of a suppliant is coveted, the good name of the presiding one is stripped away.
Consider whether we ought to neglect that whereby we know we can be blamed. He is beyond all the insane who does not seek to avenge one whom he has caught raging to his own dishonor. Look at the name by which you are called. What you do among the screens cannot be hidden. For you hold bright doors, open barriers, latticed gates, and however carefully you close them, it is necessary that you open yourself to all. For if you stand outside, you are not corrected by my gaze; if you go within, you cannot avoid the sight of those watching. See where antiquity wished you to be placed: you are beheld on every side, you who dwell in that brightness. Therefore turn your ears and mind to our admonitions; fix in your mind all that we command;
let not my words pass through you as through an empty pipe, which is seen to be full only so long as waters are known to be able to flow into it. Be rather a receptacle, that you may guard what you have heard, that you may not pour out what you have received; for it will profit nothing if things destined to pass through merely please your ears and do not all fix themselves in the recesses of your heart. Most justly is that sought which is furnished by yearly devotion, since it is established that it is brought in with a certain joy, being paid by general law. For it is a stipend that makes the subject be called munificent, and he receives the name of an offerer who acknowledges that he owes what is paid. How splendid it is to stand undismayed in the forum, not to fear the public official, and to be reckoned praiseworthy among the devoted, who is not suffered to have the shame of one compelled.
For everything that is compelled is dishonorable, nor has it the favor of an offerer, who is led to tribute by his own losses; on the contrary, it is worthy of a free man to owe nothing to those who compel! That field alone is delightful to its lord in which an exactor is not feared to come upon him. Deservedly, then, is the receipt of payment called a security, by which not only the mind but also one's substance is fortified.
And therefore—what may be said with good fortune—in the twelfth indiction, throughout the diocese of your jurisdiction, with the solemn rule preserved, we order you to admonish the landholder and your office, that the devout man may complete his function at the appointed times by a threefold payment, so that there may cease that venal delay which is recognized to have been devised not for the relief of the taxpayers but in pursuit of fraud. For those who say they relieve such burdens rather impose another weight of abominable trafficking. Far from our times be a detestable and shameful cunning. Let the landholder pay nothing else but what is owed to the public; for they rather work their own losses who strive to defraud anyone under us.
Wherefore, just as we wish the fiscal burdens to be aggravated on no occasion, so we order that, with God's help, the prescribed payments be completed at the appointed times, so that both the devotion of the landholders may become most pleasing to our lords, and the entangled confusion of delay may be removed from our accounts. Whence transmit to our chancery the registers drawn up in solemn fashion at each several time, just as both the ancient authority of the laws and the present one of our command seem to admonish you—lest, if you judge any of these things to be neglected, you make the peril to be absolutely your own.
Nevertheless, that the effect of these most just precepts may be procured more diligently, we have ordered such-and-such men, approved by preceding merits, to attend upon you and your office, so that negligence can do no harm where a doubled solicitude is applied. Whence act continently, if you the more desire to extend your advancement. Let impious gains be in every way foreign to you; you render the landholder devout if he be not burdened with fraudulent injuries. Profit comes rather from equity than from rapacity. Unjust presumption always fears; for what is thought to be gained where a good conscience is lost? Or in what respect can a man profit, if he be proved to have lost his innocence?
Do not believe that those things are without reward which seem to pertain to a good conscience. They will have us, where we can be, as helpers of those who do well. For I promise to be a rewarder to him whom I shall have learned to have conducted himself with some honesty. Act, then: let praises of you rather reach me than complaints. Seek no greater advantage than if you sell nothing. Those gains alone are to be pursued which one can joyfully offer and a soldier solemnly and securely accept. I desire to be not your censor but your praiser. Beware, then, lest he be rendered hostile who desires to be beneficent to you; for he always grows angry the more grievously who is provoked against his own resolve.
It was the custom of the ancients to decree new laws, so that they might add to the succeeding people something which seemed to have been omitted; but now it is quite sufficient for conscience to keep the decrees of the ancients. Formerly the race of men was anxious under this novelty, while they perceived the rule of their life to hang upon another's will; but now each one knows it to be fixed, which he does not doubt to have been most fully established by the ancients. Sufficient, therefore, are the laws for you, if there be no lack of an excellent will. Why do you sustain with erect ears the voices of heralds, the perilous sentences of presiding officers? He sets a measure to his own life who understands himself appointed a judge over himself. Be all of you zealous in good deeds, and you will not know things to be feared. Do not be inflamed toward unlawful presumptions;
love to live quietly; pass your days ever harmless. Why do you confound honorable things with lawsuits? Why do you do what you may soon have to fear? If you seek gains, avoid rather ruinous litigation. Yet if any civil dispute should arise, be content with the laws of your country: let no one rise up to sedition, let no one flee to violence. It is a kind of madness, in a peaceful age, to be zealous for a turbulent purpose. But since concerning us judges there arises a fear which, though not true, is yet reasonable—since untried power draws rather toward dread—so far as pertains to my own resolve, with God's help and the lords of affairs reigning, promise yourselves all things just, all things moderate. First, what most dishonors a judge, foul trafficking shall not be known in me.
For my words are not sold suspended in the manner of garments. Only the lack of provisions, not malicious venality, will make anything be hoped for from you. Yet where there shall be a moderate precept that mitigates the time, we do not impose what is to be bought, nor do we drag to a price things that are not held necessary. Be only solicitous for accustomed things, secure concerning novelty, because we have judged this alone to be our advantage, if with the Lord's help we keep you unharmed. No one of the soldiers shall shake you down according to his own will; no exactor shall burden you with added inconveniences; we shall keep harmless not only our own hands but those of the office also. Otherwise it is a useless good not to take a judge, and to have offered to many the license of taking.
For they do not so go forth from us that the things they have suffered may seem deservedly to have been done by them to others. For by your love the gratuities have been diminished, which hitherto grew to the detriment of all. We have shown continence in ourselves, with God's help, so that we may be able without shame to command it to the soldiers. For a discourse cannot have authority which is not aided by example, since it is iniquitous to enjoin good things and not to have done such things oneself. Our ordering, therefore, will look only to the public utility, not to private thefts. We know what wishes you poured forth for us, with what anxiety you were in suspense. It is unbecoming for us to do such things that you should be able to rejoice the less in your exultation.
By God's favor our ears shall lie open to receive the desires of suppliants; the conductor of a cause shall see us with his own eyes in freedom; he shall speak with his own tongue, not a purchased one. For neither shall servitude command us, nor shall venerable nobility be wearied by us. Lastly, no base act shall enter our praetorium; no one returns from us less wealthy than he had come. He has not known the domestic chamber to differ from the benches. Observing me, he will find me a judge, wherever he shall have looked. Mindful of modesty, with God's help we desire so to act as we have received the mandates from the lords of affairs.
Be you devoted to all just things, that you may make me to be a father of the provinces rather than a judge, since again he grows the more grievously angry who is least esteemed for any action of depravities. For if you have furnished compliance to injuries, what ought you to render to him whom you know to strive greatly on your behalf? Let not the solemn emoluments of our See be denied to the laboring soldiers, because he himself furnishes the way of excess who does not allow just dues to be paid in full. Render obedience to our precepts also with even-handed moderation. Let your own mind reasonably constrain you, lest an armed terror urge you on. He stirs up hatred against himself who resists just commands. Him whom I shall already have compelled, I will not love.
For we wish all things that are to be done to be unfolded in such a way that we may make you to be diminished by no compeller. We desire that the benefits formerly granted by the lords be preserved to you, torn away by no abominable presumption. We desire that you feel our honor only by congratulation, and that you seek good things for the reigning ones who are seen to have furnished your desires. Live now, rejoicing in security obtained. Him whom it was not lawful to compel, you have been able to bind by voluntary undertakings. For he who doubts to promise just things under confidence in God wishes to have it free to change what he has not pledged. Hold, therefore, a fit surety of my will, a mirror of my heart, an image of my desire, so that to those to whom I am not known by face, I may become recognized by the quality of my character.
Behold me rather in that part wherein those present lie hidden. The absence of me is no loss to you: it is more useful to know a judge by mind than by body. Knowing that the contrary could be believed by those who had been diminished by preceding evils—since the human mind easily suspects of anyone those things which it has endured—we have promised the resolve of our purpose by the form of an edict, lest, with God's help, we should burden with that very anxiety those whom we wish to be secure. For it is no small torment to dread something to come, since what is feared is always thought to emerge more grievously. Far from our times be even the least belief of injury.
He who is thought wicked is already near to a defendant, because something is then persuaded to the mind when a fitting suspicion has entered the breast. Wherefore let your jurisdiction cause the appointed things to be set forth throughout the most frequented places. For it is fitting that the commands be learned by those whom we have decreed to be admonished. Let the love of all now be roused toward our happy lords, so that, just as we have wished to keep no one in suspense by a contrary thought, so they too ought to show themselves devoted to the dutifully reigning ones. But you make our pledges true, if you preside over the provincials with even hand. Love justice, which both makes you lovable and grants a glorious advantage by its participation. Know that the offices attend you as witnesses, as it were, of your deeds.
And therefore, how great a thing it is, in the sight of so many, to do what the mouths of all may proclaim! Know that judgment (iudicium) is so called as if it were the saying of law (iuridicium). It does not befit a presiding officer to do what another may accuse. What should a defendant fear, when he shall have seen the crime established among the magistrates' fasces? The only torments for the wicked are these, if they perceive the public wishes to be contrary to their own ways. For it cannot be called discipline when it itself must be corrected. Strive, then, with us, that good morals may be given to the provincials, but that destitution be removed. Let there be dealing rather with remedies than with injury. It is a grievous evil for anyone to be appointed to bestow the benefits of the law and to be found mixed with injuries. So act that, when proved justice is sought, your year may seem brief.
Let honors rather be offered to you. For you will lose the necessity of ambition, if you join to yourselves the wishes of the provincials. We make none to be guardians of your deeds, nor do we bend the judge's character under a private discretion; but conduct all things in such a way that what we now believe to be most base may not become necessary. You bear the likeness of our dignity, if you handle yourselves with purity of conscience. Confront the wicked, but cherish nonetheless the innocent.
If, however, there be any man who rises up against your authority with reckless audacity, so that you cannot enforce what is just, then either send the petitioner on at once with a report from you, or, if he lacks the strength to come, let the matter be set forth by a report dispatched to us; for you have received the public posting-warrants, and it is welcome to us to hear of such cases. And thus every excuse has been removed from you, since either through your own office you can administer what is right, or at the least you can report to us what is necessary.
When the clemency of the Lord of all things took thought for the welfare of his servant Danus—whose desire it is to rejoice in the safety of all men—he commanded him to seek the remedies of Mount Lactarius, so that one whom human medicine had nothing availed might be relieved by the renowned benefit of that place. For he, racked with constant coughing, had wasted the members of his panting breast, while the offices of nature, weakened by excessive convulsion, could not unfold their powers unto health. For when the body does not properly digest the foods supplied for the aid of the human frame, it renders them useless; nor does it matter to such men whether they take food or endure fasting. Day by day the living substance fails, and like a cracked cask flowing little by little, it is spent away until it be emptied.
To this most savage affliction, therefore, the divine powers have granted the benefit of that mountain, where the wholesomeness of the air, agreeing with the fertility of a rich soil, brings forth grasses seasoned with a most sweet quality; fed upon which, the throng of cows, fattened, produces milk of such healthfulness that what so many counsels of physicians know not how to benefit, that drink alone seems to bestow, restoring to its former order the force of nature undone by maladies. It fills the emptied members, renews the exhausted strength, and by a certain restorative nourishment so succours the sick as sleep succours those worn out with toil.
And so it is a marvel to behold these herds wasted away amid pasture so abundant, in that the milky moisture, which is proved to restore the injured bodies of mortals, does not avail its own origin; and in a wondrous manner the beasts do not thrive on the grasses whereby the limbs of men grow fat. They run lean through the thickets of the mountains; they appear gaunt and bear the likeness of that very affliction which they heal. Yet the milk is so rich that it clings to the fingers when it is pressed out into the vessels. Wherefore, supply the allotted provisions and the necessary transport to him who is coming, that, wholesomely fed in the aforesaid place with the juice of the herds, his youth may be restored by the same nourishment whereby infancy is reared. Rise up, you souls labouring under such an affliction:
You shall no longer dread a most sweet life as though it were a bitter antidote. Drink with delight what you find most wholesome. It is a kind of felicity to be healed from that whereby a sick man can gladly be sated in spirit. The selling of victual goods ought to be subject to the reckoning of the times, so that neither in cheapness is dearness sought nor in dearness cheapness, but, equity being weighed out, both the grumbling of buyers and the burden upon complaining merchants may be removed. And therefore, all things having been weighed in the balance and the prices of the several commodities gathered by clear calculation, we have set them down below, so that, all ambiguity being removed, a fixed safeguard of the appointed matters may abide.
But if any of the sellers shall not observe what the tenor of the present edict declares, let him know that for each transgression a fine of six solidi is to be exacted from him, and that he is liable to the punishment of the cudgel, so that both the fear of loss may terrify him and the aforesaid penalty grievously afflict him. If the idle populace of the several cities is maintained under the justice of fixed prices, how much more ought relief to be given to those who labour, lest the welfare of travellers be wounded by the hazard of chance circumstances! And therefore the receiving of those who pass through ought to be a respite from cares, lest what is established to have been devised for relief should rather inflict a detestable burden. Let the guest be received at the prices appointed:
Let him who is invited to a kindness not suffer greedy iniquity, since it is a shameful entrapment to terrify with the enormity of the price and then to flatter by the act of receiving. He is like a robber who under an unjust will desires to despoil; for it is plain that both wish to plunder what belongs to another and have no regard for the consideration of justice. Do you not know how much you might gain by being moderate? Of their own accord they come to your advantage, who recognize that you can act with restraint. Let no man, therefore, suppose himself defended by the forgetfulness of distance—a thing ever familiar to the absent—since they who suffer your wares come daily to us. Rather beware the harms of fines, you who crave the greediness of gains.
For let him know that he must bear the loss of six solidi and be afflicted with the laceration of his body, if any man shall think that he ought to sell otherwise than as our soldier, sent for the purpose, shall have determined the prices in deliberation held with the citizens and the bishops of the places. For honest gains from the citizens ought to suffice all men, lest the roads should rather seem to be beset by robbers. It seems exceedingly honourable and necessary that a business be undertaken to entreat the pious prince for the security of the Roman commonwealth, since it is fitting that there be sought from you that which may profit our liberty. For among the other goods which the divine powers have singularly bestowed upon you, nothing is proved to accrue more gloriously than that which you know yourselves able everywhere to provide.
We ask, therefore, most clement emperor, and from the bosom of the curia we stretch out suppliant hands, that you grant your most firm peace to our king, and not suffer us to become abominable, who have always seemed welcome on account of your concord. For you commend the Roman name if you grant kindly things to our lords. Your favour raises us up and protects us, and we recognize that we merit this which is felt of your mind. Let your treaties therefore compose the peace of Italy, for then we can be loved, if through you the longed-for affection be joined. And if our prayers seem as yet unable to suffice for this matter, imagine our fatherland bursting forth into these words of entreaty:
'If I was ever pleasing to you, love, most pious of princes, my defenders. Those who rule over me ought to be in concord with you, lest they begin to do such things against me as they shall have known to be at variance with your wishes. Be not to me the cause of cruel ruin, you who have ever bestowed the joys of life. Behold, under your peace I have doubled my nurslings; behold, adorned with citizens I have shone again. If you suffer me to be harmed, where now do you show forth the name of your piety? For what more would you strive to do on my behalf, whose religion, which is yours, is known thus to flourish? My senate grows in honours, is unceasingly increased in resources. Be not willing to scatter through discord what you ought to defend through wars. I have had many kings, but none so lettered as this:
I have had prudent men, but none so mighty in learning and piety. I love the Amal nursed at my own breasts, a brave man formed by my converse, dear to the Romans for his prudence, to be revered by the nations for his valour. Nay rather, join your wishes, share your counsels, that it may profit your glory if any prosperity accrue to me. Do not so seek me that you cannot find me. I am yours none the less by affection, if you make no one to lacerate my members. For if Libya deserved to receive liberty through you, it is cruel for me to lose what I have always seemed to possess. Govern the motions of your wrath, O illustrious triumpher.
That which is sought by the general voice is of more weight than if your mind should be overcome by the offence of any man's ingratitude.' Thus speaks Rome, while through her senators she makes supplication to you. But if even this be too little, let the most holy petition of the blessed apostles Peter and Paul be called to mind. For they who are proved often to have defended Roman security from its enemies—what shall there be that your sovereignty would not grant to their merits? But that all things may seem to befit your reverence, we have judged that our prayers should be presented through that venerable man, the legate of our most pious king dispatched to your clemency: so that they may avail to accomplish things so many, which even singly were able to prevail with pious minds.
Since the city of Comum is sought by many roads, its inhabitants represent that they are so wearied by the unremitting demand for post-horses that they are themselves rather worn down by the excessive running of the horses. To these, by royal indulgence, we command that the benefit be perpetually preserved, lest that city, of its own situation gladly habitable, grow thin of dwellers through the frequency of injury. For it is, beyond the trackless ways of the mountains and the vast expanse of a most pure lake, like a wall of level Liguria. And though it is proved to be a barrier-fortress of the province, yet it is brought to such beauty that it might seem to have been established for delights alone. Behind it, it sends on cultivated plains, fit for pleasant rides and indulgently suited to abundant provisions:
In front, for sixty miles it enjoys the loveliness of a most sweet expanse of water, so that the spirit is sated with refreshing delight and the abundance of fish is withdrawn by no storms; rightly therefore did it receive the name of Comum, decked as it is with such great gifts. Here indeed is a lake received into the depth of an exceedingly broad valley, which, fittingly imitating the shapes of shells, is painted with the whiteness of a foaming shore. Around it the loveliest summits of lofty mountains come together into the likeness of a crown; its margins, becomingly adorned with the lights of villas, are girt about, as with a certain belt, by the perpetual verdure of a Palladian wood. Above this the leafy vineyards climb the flank of the mountain.
The peak itself, as though curled with certain locks of hair by the density of chestnut-trees, is painted by adorning nature. From here streams, gleaming with snowy whiteness, descend in headlong height into the basin of the lake. Into its bosom, coming from the south, the river Addua is received with open jaws. It received such a name because, formed of two springs, it rolls down as into its own sea; and it strikes the waves of that vast expanse with such force that, retaining its name and colour, it is generated towards the north in the fuller belly of the channel: you would think a certain darker line had been drawn in the white waters, and in a wondrous manner the discoloured nature of the inflowing stream is beheld, which is felt to be capable of mingling with the like liquid.
This indeed happens also in the sea-waves through the inundation of rivers; but the reason of it is commonly evident, that headlong torrents, fouled with muddy dregs, are different in colour from the glassy expanse. But this will rightly be thought astonishing, that you should see an element like in such qualities go most swiftly through a sluggish pool, so that you would think a river was running down through solid fields—a river which you do not see able to mingle in colour with the foreign waters. Wherefore the inhabitants of these regions are rightly spared, since all delightful things are tender to toils and easily feel the burden of affliction—they who have been accustomed to enjoy sweet delights. Let them therefore enjoy the royal gift in perpetuity, so that, as they rejoice in their native feasts, so the princely munificence may make them exult.
A royal gift obtained ought to be the joy of all, that you may provoke men to better things, when you shall have proved that the things granted by us are most acceptable. For if to succour is ever the mark of one who loves, of what sort do you understand yourselves to be esteemed, you who feel yourselves to have been relieved?
But lest we delay your gladness with long prefaces—since the swiftest acknowledgement of good things is always desired—our most glorious lords, taking thought for the necessities of devoted Liguria, have with their wonted piety dispatched a hundred pounds of gold through such and such men from their own privy chamber, so that, by your judgement (to whom the cause is most fully known), each man may rejoice in so great a participation of this gift as he is recognized to be burdened with necessity; lest the unharmed should usurp what is given to the afflicted, but rather that those may rise again with restored strength who had fallen beneath the pressing load of losses.
But the city of Hasta, which above the rest is reported to be burdened, let it be especially relieved by the justice of your disposition, so that according to the measure of its loss it may enjoy the advantage of the benefit. Receive the stipend of piety, you taxpayers, and esteem the clemency of your lords, who—the condition being changed—now see yourselves receive from the treasury what you had been accustomed to pay in. But that the benefits of your lords may be increased with the inconveniences of exactions withdrawn, let your report instruct us more speedily as to what you judge ought to be remitted to each man out of this sum, so that we may cause to be suspended from the first levy as much as the notice directed to us shall have made known.
Wherefore render to your most pious lords with wholesome vows what you owe, so that your reckoning may by supplication accomplish that which the whole community may know to have been received in it. We ought zealously to raise up those whom royal piety has determined to relieve: for to those to whom the clemency of our lords willed to descend, it is fitting that their subjects also should contribute of their own dignity. Lately you returned thanks to me, because I had conferred upon you the hope of good things rather than any fruit. You invited me to benefits because you received great things by a promise of congratulation. We have discharged the vow of a bound judge. The things which were foretold are now proved fulfilled. We shall make our beginning, therefore, from the balance, because where it is right to direct the conscience, from thence ought the judge's discourse to begin.
Hence it is that you represent yourselves to be burdened in weights and measures. And therefore our care shall provide that no man's iniquity may henceforth be able to vex you on that account, since we judge it a grave crime either for measures to exceed their due amount or for the balance not to have the justice of a most equitable weight. The soldiers also of our see, as well as the exactors and receivers, by whom you have sighed that grievous losses are inflicted upon you, we have caused to be summoned by our precepts, so that, the accounts being clearly drawn out, if any fraud can be found, they may pay it without any delay: for we profess this to be hostile to our times, that one should rejoice in another's harm.
Now turn your wishes to the equipping of the most flourishing army, providing all things without complaint or any delay. For you bind me effectually to all kindnesses, if you gladly fulfil what is commanded. Let him obey with gladness whom the cause of the common good invites. Those losses alone ought to grieve us which are seen to be imposed by the zeal of cupidity. For that which is enjoined for the necessity of affairs—thereat the mind of prudent men is not burdened. If on this present day we have found the saving remedy of redemption, if by a heavenly benefit the hope of salvation is opened, it is fitting that we too should bring the medicine of joy to those wearied with long toil, so that the supernal goods which have been conferred upon a perishing world may be generally felt.
Otherwise it is a kind of sin to wish to rejoice among the sorrowful, and he flees from the affection of humanity who does not follow another's grief. On the contrary, how much better does gladness rouse itself from fellowship, when it is an incitement of great cheerfulness to behold very many rejoicing! Hence it is that the wise have testified that the mortal race is one man, since they willed that all men should be undivided from all their own chances. Wherefore let each man, according to the order of the roll, be made known by your designation, so that he whom the order of place demands may advance by the grades of promotion. Let one go forth, that he may set all the rest before. He draws the whole sequence of those that follow on to advancement, when the foremost, having discharged his service, shall have departed.
The welcome solemnity of promotions is to be embraced, which discharges the watches of the well-deserving, because to recruits there is granted the hope of their toil, when the recompense shall have been rendered to the veterans. And therefore let Anthianus, who is reported to have served the praetorian duties blamelessly, hasten among the tribunes and notaries to adore the princely countenance, so that, presented according to custom, he may be adorned with the insignia of the rank of spectabilis. Coming to the things he has wished for, let Optatus obtain the effect of his own name. And therefore we resolve that the aforesaid man, approved by assiduous toils, should take up the office of the cornicularii, so that he may rightly stand among the chief men who blamelessly performed the watches of the recruits. Long ago indeed, effectually carrying out the commands, you deserved the good judgements of many:
But now you are also raised up, commended by divine favour, since you are shown to have discharged the toils of service. Wherefore, upheld by the honour of the spectabilis, approach among the tribunes and notaries to adore the venerable purple, so that through the sacred countenance of the prince the firmness of your dignity may subsist. We do not suffer the merits of the faithful to be deferred, that we may provoke the wishes of all to the pursuit of good deeds. Let us therefore give what is just to toils, that by the advancement of the former we may invite the hearts of those that follow. And therefore let Andreas, who is known to have blamelessly obeyed the praetorian authority, happily ascend the grade of primiscrinius, so that he may rejoice to have found by upright character the place which cunning knew not how to seek out.
Justly does he obtain more powerful offices who is praised for the perfection of the business entrusted to him. And therefore Castellus, whom the order of the roll has caused to advance, our authority also commands to obtain the charge of scriniarius of the proceedings. Although many assert the merits of Constantinianus, our endorsement also commends them. For there is in him so great a sincerity of mind that, with the judge as witness, he deserves to be praised. Let him therefore, being advanced, receive the charge of the canonical letters, so that he may display the more the weight of his integrity, since he sees the public faith to have been entrusted to him. Fittingly does uprightness of conduct furnish an increase of honour, nor does it become him to be deferred whom it has frequently befallen to be approved as efficacious.
Hence it is that we command Lucinus to be scriniarius of the military charge: he shall render service to one to whom he doubts not he has been deservedly assigned. It becomes us without hesitation to bestow the ascents of promotion upon those whom the assiduous toil of service deserves. For as it is fair to deny to the slothful the rewards of those who labour, so it is fitting to grant the longed-for recompenses to those who keep watch. And therefore let Patricius know himself appointed by us primicerius of the exceptores, so that, brought to such an office, he may rejoice that the merits of his actions have given satisfaction. He is worthy in our judgement to be promoted who has deserved to be approved by many presidents. For to have been acceptable to one is sometimes favour, but to have pleased many is a judgement.
Let Iustus therefore know that he has obtained the place of the sixth scholaris, about to find the reward of service, when he shall have studied to associate himself with faithful actions. Who would not deem John deservedly to be promoted, who long ago by our judgement took up the office of cancellarius, and even then merited the prerogative of conscience, when he received the duty of the judicial secret? Let him therefore enjoy the joy both of rank and of honour, who is known to have pleased by praiseworthy character. Our sentence therefore confirms him as praerogativarius, so that, having attained the grade of a veteran, with more devoted spirit he may obey the public command. It is helpful to respond to the wishes of the well-deserving with vicarial benefits, so that he may serve with more devoted mind who has deserved to be preferred.
Wherefore let Heliodorus enjoy the office of the commentarienses. Worthily indeed do we commit to his integrity the things which we judge ought to be guarded. It seems suited to equity if, by an effective action, a recompense worthy of his character be furnished to the praiseworthy. For he has his own glory who, his watches being weighed, is known to advance military fortune. Hence it is that we resolve that Carterius should happily obtain the place of regendarius, so that in hope of future advancement he may the more eagerly cleave to the praetorian toils. It is fitting that the fruit of labours should follow the wishes of the faithful, and that a higher grade should receive those whom the studied integrity of their deeds commends. Hence it is that we resolve that Ursus be primicerius of the deputati and Beatus primicerius of the Augustales:
So that those who seem advanced to greater offices may follow examples of a praiseworthy conscience. It becomes those who are seen to have discharged the military oaths to obtain the rewards of the palm, because long toil claims for itself what untried nobility can scarcely find. And therefore, since Urbicus is known to have completed the time of his primiceriate, let him approach among the domestici and protectores to adore the sacred purple, so that, illustrious through the venerable countenances, he may rejoice to be freed from military watches. The integrity of the judge attends military duties, because he gladly pays out what he knows to be justly owed. Wherefore let Pierius know himself made primicerius of the singulares by our authority.
If there be any other matters, let them be confidently set forth: for there is no fear of hesitation where there is no venal hearing of the judge. He cuts short delays whom the custom of bestowing constrains, because that man is the more impelled to benefits who is admonished by an inborn benevolence. For it does not become us to be unlike our own deeds, since the multitude of remedy ought to grow for him whose times of administration are seen to be increased. And therefore from the present our humanity bestows on you the letters of allotment, so that you may then have the advantages of reward when you have also attained the end of your sweat. We do not suspend you with anxious delay, nor do we weary you with torturing postponement. Let there be one end of solicitude and of toil.
For who would think a thing must be deferred, if he does not draw back from selling his own benefits? The office shall retain your petition until, while the opportunity allows, we inquire into the consent of those that follow, because that is incautiously credited to one which must be asserted by many. Go forth, all you who have been advanced. Be all happily approved. You have endured nothing doubtful, while every judgement is held uncertain. Alpha alone embraces you, where that letter is not feared. For thus has each man enjoyed his own wish, as though he had not depended on another's decision.
倘若奧林匹克戰車的御者在其勞苦之後便攫取獎賞,倘若猛獸卑下的競技尚且慣於迅速為勝者加冕,那麼那以可嘉之態盡了職役誓約之人,當配得何等迅速的酬勞呢?原來那「實務使者」(agens in rebus),一名公職的兵丁,在如此眾多的勞苦之後,為何要承受任何疑而未定之事呢——他既藉著屢次守值之行,配得負起「君王之名」(按:指其職銜含 principis 之名),因他在職役的誓約上超越其餘?原來他不住地遵守皇帝的命令,並為要尊崇禁衛座的威儀,便在他開始得著至尊銜之時,前來服事。因此,延擱這樣的人乃是罪過,因為在棕枝之後,無人曾被推遲。
If the driver of an Olympic chariot snatches rewards after his toils, if a base contest of wild beasts is wont swiftly to crown the victors, what swiftness of remuneration shall he merit by whom the oaths of service are laudably discharged? For why should the agens in rebus, a soldier of office, after so much toil suffer anything doubtful and uncertain—he who by frequent actions in keeping watch has thus deserved to bear the name of the prince, because in the oaths of service he surpasses the rest? For he has continually observed the imperial commands, and that he might exalt the reverence of the praetorian see, he came to its service then, when he began to have a most distinguished title. To delay such men, therefore, is a sin, because after the palm no one has been put off.
That cannot be called a thing of one's wish which a sorrowful man receives. Let those who are discharged fear no burdens, lest the harbour bring upon free men that which the storm could do to the harried. Wherefore let your experience, from that province, without any delay pay out from the third instalment of the fiscal tributes the solidi which provident antiquity assigned to the prince of the Augusti, which you shall know are to be imputed to the accounts of the thirteenth indiction. But beware venal delays: shun ruinous disdains, so that you who desire to obtain like things may not seem to have brought in an example of loss. For by what reasoning would you put off a petitioner, if you bind yourself by the quality of your own action?
The veterans indeed are to be held honourable by all, but most of all by those who are detained in the toil of service. To yourself, therefore, you furnish that which you spare another, since the indemnity of the former becomes rather the gain of him who follows. He who devised laborious watches and offices of great diligence reasonably also appointed the fixed terms of time, so that the reward, which was placed under the limit of life, might not be uncertain. Otherwise, who could always suffice and wait, when the very light should withdraw itself from mortals? Wherefore, under an uncertain life there is a certain term of service, nor has he anything that he can fear who has deserved to reach the appointed time without offence. The very stars themselves, as the astronomers will have it, although they revolve with assiduous repetition, keep the fixed limits of their courses.
It cannot be doubtful, that which is held enclosed within its own limit. Saturn in thirty years traverses the spaces of heaven appointed to it. The star of Jupiter in twelve years lights up the region assigned to it. The star of Mars, swept along with fiery swiftness, runs through the region allotted to it in eighteen months. The sun in the space of a year flies past the signs of the zodiac circle. The star of Venus in fifteen months crosses the spaces conceded to it. Mercury, girt with swiftness, conveys itself past the intervals set before it in thirteen months. The Moon, nearer to us by a peculiar neighbourhood, accomplishes in thirty days that which the golden sun, revolved through the space of a year, has completed.
Rightly therefore do mortals find an end of their toil, since, as the philosophers say, even those things which cannot fail save with the world itself have reasonably received the limits of their course—with this distinction intervening, however, that they finish their work in order to return to the beginning, whereas the human race serves for this end, that, its sweats being completed, it may rest. And therefore to him who has blamelessly discharged the office of cornicularius, hand over without ambiguity, through that indiction from the province of Samnium out of the third instalment, the seven hundred solidi which long-standing custom has assigned to him: because he cannot doubt of the reward whom the true attestation of the judge commends.
For he presided over the 'horns' of the praetorian secretariat, whence his name is derived, being approved by praiseworthy actions: with him ministering we wrote out the little cup unbought, which men wished to be filled at great prices: we gratified the man whom the laws favoured: we refused the man to whom justice made no promise. No one stood forth sorrowful over his own victory, because he obtained it with his resources unimpaired, since, in order to become superior, he did not buy himself off. You know all that we say: for it was not in our private chambers that your secretarial business was transacted: what we did, the cohorts knew. We were indeed private men for doing harm, judges for bestowing. Our severity was held in words, and our benignity felt in deeds.
We were angry while appeased, we threatened while harmless, and lest we should have been able to injure, we seemed to inflict terror. You have, as you were wont to say, a most chaste judge: I shall leave you behind as most upright witnesses. Well was it provided by ancient moderation that those who serve the public interests should receive the prices of their toil, lest any man should be held passed over who had been worthy to be praised for a commendable action. For to what office would remuneration be paid out, if the rewards were delayed to praetorian toils?
For almost whatever is transacted in the commonwealth is accomplished by their strenuousness; and—which is the most difficult kind of servitude, for it is thus compelled to fulfil all things in such a way that it is not permitted to exceed—it obeys the armies, complies with armed men, and thence carries back gratitude, where another can find offence. Why should we relate that the public revenues, gathered through difficult minutiae, are composed with great subtlety and exacted from those whom they do not presume to offend? To their sweats also is to be ascribed that the victual expenses, though placed far off, yet, as though born in the royal city, are gathered without complaint of the provincials, because, while at their own seasons something is fittingly sought, the cost is not reckoned against the giver.
Their service is our glory, the renown of the times, the visible power of our commands; and whatever we receive by way of gratification for the upholding of all things, we rightly apply to their provisions. By their very exercise the labors assigned to such men shine forth, for they render men ever well-trained: labors, I say, are violent schoolmasters, anxious tutors, through whom a man is made more cautious, while the perils he might run upon are dreaded. Let one man be schooled in forensic letters; let another be taught in whatever discipline you please: yet he is rendered more fully instructed who is trained by the practice of continual devotion. And therefore to such men what they merit must be paid with honor, that he may at last receive something for himself who was forever acquiring for the advantages of the commonwealth.
Wherefore, to that man, now that he has discharged the labor of service as chief clerk, we decree that you solemnly pay so many solidi from the tax-canon of the third instalment of the province of Campania, so that he may both enjoy the fruit of his just labors, and that his successors may receive an example of free service, when they learn that he was well rewarded for his fidelity. Antiquity, the careful governess of all things, considered diligently that, since counsel had to be furnished to very many through our offices, there should be no lack of a procured supply of charters, so that, when the judges decreed measures profitable to many, sweet benefits might suffer no hateful delays. This boon was granted to petitioners, lest they should be greedily constrained to pay for a commodity which they knew had been received from public bounty.
A place most shameless in its exactions has been taken away: he has specially exempted from losses those for whose sake the prince's humanity made the grant. A fair work indeed did ingenious Memphis conceive, that the elegant labor of a single place should clothe all the offices. There rises the Nile-born forest without branches, a grove without foliage, a harvest of the waters, the fair tresses of the marshes, softer than shrubs yet harder than herbs, full with a certain emptiness and empty in its fullness, an absorbent tenderness, a spongy wood whose strength, as in fruit, lies in the rind and whose softness in the pith, of light tallness yet self-sustaining, the most beautiful fruit of an ugly inundation. For what such thing is born in any kind of cultivation as that wherein the thoughts of wise men are preserved?
Before this, the sayings of the wise, the thoughts of our forebears, were in peril. For how could that be swiftly written which, with the resisting hardness of the bark, could scarcely be made ready? The heat of the mind endured surely unfitting delays, and when words were postponed, talents were forced to grow cold. Hence too antiquity called the little works of the ancients 'books' (libri); for even today we call the strippings of the green wood a 'book' (liber). It was unseemly, I confess, to commit learned discourses to unpolished tablets, and to impress upon withered branchwood that which the elegance of the senses could discover. With burdened hands one prompted the memory with few words, nor was he invited to say more, to whom such a page seemed to be offered.
But this was suited to the beginnings, when so rude a start ought to have had such a contrivance, which might provoke the talents of those who followed. The beauty of charters is said to invite abundance, where the material for taking down notes is not feared to be lacking. For this opens with its snowy surface a field for the eloquent, ever stands at hand in plenty, and that it may be made handy, it is gathered up rolled in upon itself, until it is unfolded for great treatises: a joining without seams, a continuity made of tiny fragments, the snowy entrails of green herbs, a writable surface that takes on blackness for its adornment, where, by the raised characters, the most fruitful crop of words, once planted, renders to minds a fruit ever most sweet, as often as it meets the reader's desire:
preserving a faithful witness of human deeds, talkative of things past, the enemy of oblivion. For our memory, even if it retains the substance, alters the words: but there it is safely stored away, so that it may always be heard alike. Wherefore we decree that you furnish to that under-clerk the appointed sum of so many solidi from the province of Tuscany, out of the third instalment, to be charged to the accounts of the thirteenth indiction, so that the public office may keep the integrity of its faith with praiseworthy perpetuity; for, knowing no failure among mortal things, it ever grows by yearly accumulation, perpetually receiving new things and guarding the old.
It is plain how great a people there was in the city of Rome, since even from far-off regions a provided abundance had to satisfy it, so that the surrounding provinces sufficed for the sustenance of strangers, while the food brought in kept itself for them. For how small a number could that be which possessed the governance of the world! The vast spaces of the walls bear witness to the throngs of citizens, the outstretched compass of the spectacle-buildings, the marvelous magnitude of the baths, and that multitude of mills which is known to have been specially assigned for sustenance. For unless this device be in common use, it is not held to be necessary, since it can neither contribute to ornament nor suit any other purpose.
In short, these things, like precious garments of bodies, are tokens of cities, since no one consents to make superfluous what he knows is to be unfolded at great cost. Hence it came about that mountainous Lucania paid out its swine, hence that the Bruttii furnished a native herd of cattle with native plenty. Both things were truly marvelous: that the provinces should suffice for so great a city, and that so vast a city should, by their benefits, have no want of provisions. It was indeed glorious for them to feed Rome: but at what expense did it seem possible to bring over by so many journeys the things that were given by weight, while no one could reckon up what was proved to dwindle away!
It has been reduced to a money-payment, where they could not endure loss—a payment which is neither diminished by journeys nor wounded by labors. Let the provinces understand their own goods. For if their ancestors were devoted to expenditures, why should these not be munificent in paying easy dues? And therefore your diligence shall provide for both items, now reduced to a public lump sum, by the appointed instalments, lest in my times those should seem negligent who, with praiseworthy integrity, obeyed the dignities of others. For although I have striven to restore other provinces as well, yet nothing was done in them which I should wish to claim as my own.
They felt me to be their judge; and those over whom I presided as a private man, through grandfathers and great-grandfathers, I strove the more eagerly to aid in my office, that they might recognize me as keeping the affection of my native land—those whom in my advancements I perceived to rejoice with eager exultation. Let them therefore obey, not by any compulsion, but out of love, since I have lessened for them even this sum which used to be offered. For whereas twelve hundred solidi were paid in yearly contributions, I have called them back to a thousand by royal bounty, that they might exult in the increase of their joys at their burdens being lightened.
Although the very name of judge seems dedicated to justice, and we are bidden to walk all the year round in the footsteps of equity, yet in these days we rightly turn aside into the dwelling-place of piety, that we may be able to come, by the road of remission, to the Redeemer of all. For from this virtue we gather the sweetest fruits, and by remitting to others we spare ourselves. For we who are perilously just, under security always grant pardon. Wherefore we renounce punishments, we condemn torments, and then we are truly judges. Hail, Indulgence, who loosest even the rulers! You are the patroness of the human race, you the singular physician of afflicted affairs. Who would not need your gift, since to sin is common to all?
You are of necessity sought by all, since under you the hope of life is taken up, which under justice is not had. For while you enjoy the heavenly grace with three other sisters and are bound together in lovely embrace, all yield to you with honor, although they too are virtues, when they recognize you to be salutary to the human race. But why do we say so much of earthly conduct? It is piety that governs even the heavens. O that it were permitted to dwell with you for long ages! All guilt would be shut out, and by sparing it would come to pass that there were no need to spare. But most providently so great a thing is seen to be granted only to sacred seasons, that the world might receive it more gratefully, having cause to rejoice at the novelty of the thing.
Wherefore withhold, lictor, the harmful axe, you who are permitted to do with impunity what in others you are known to punish: love for a little while the gleaming iron, not the bloody. Let a happier rust take hold of your chains, wet with tears: rather lay away that which used to shut men in. Let the audience-halls of deadly voices fall silent with a better lot. Thus in very truth you keep the name of guardian without the deaths of others. Why do you forever toil for the powers below? Sometimes serve also the powers above. A merciful act announces leisure to you. He who keeps watch for inexorable justice must needs be ungirded by kindly piety. And therefore let the cell of groans, the house of sorrow, the lodging of Pluto among the upper world, the place blinded by perpetual night, at last grow white with the inpouring of light:
in which the accused endures not one torment, who, before he runs upon the issue of death, is by the powers above adjudged cut off. First that foul stench, the companion of chains, racks him with abominable gloom; the hearing of another's groan and laments disturb him; long fastings weaken his taste; the pressing weights weary his touch; his eyes, dulled by lasting darkness, grow numb. There is not one destruction for the imprisoned: he is slain by a manifold death who is tortured by the squalor of the dungeon. Now therefore send forth from your Avernus the accused, who are to live: let them return to the upper world, who in great part have endured the lower: let your courts be filled with emptiness. Let that place of everlasting tears at last lose its once-sorrowful dwellers. There are none there who are glad:
for that place will surely then have favor, if it appear deserted. Go forth, you that are shut in, ever pale with death close at hand: return to the light, you whom darkening shadows possessed, destined to suffer nothing more from the death you longed for, except that you could still be slain. But you, who ought now to be deceived by no ambition, leave your offenses behind with your chains, absolved by the benefits of these days. Live now in honesty, you who have learned, though surviving, to die. Recognize how beneficial a good manner of life is: the one brought on a most hideous prison, the other has known how to bestow splendid liberty: this latter will grant that you should wish to live, the former gave that you should choose now to perish. If the laws bind you, henceforth no one shuts you in. Dread secret places: come to the forum without trembling.
Those things you justly flee, through which you have endured sorrows. Let those who saw you as accused marvel at you as free. You ought to hate that which delivered you to death. The very cattle know how to avoid the things by which they know they were hurt: they do not retrace those paths where they fell into a pit. The wary bird turns aside from clinging snares; the suspicious fowl does not settle on the sticky birdlime. The fish called the wolf plunges itself into the soft sands, so as to escape the snares of the leaded net: and when the over-drawn nets have scraped its back in vain, it leaps eager into the waves and, freed, knows the joys of a peril avoided. The scarus, lured by the bait, when it has begun to enter the rushen prison, as soon as it has realized it was invited to its own destruction, slips back upon its tail, little by little drawing itself out of the narrow place.
And if another of the same kind has perceived it entangled, it drags its hinder parts with its teeth, so that the one which cannot rescue itself when caught may be proved to escape by another's help. Thus too the sauri, a shrewd kind of fish, named from their swiftness, when they have driven themselves into the knotted snares, bound as it were with certain ropes evenly, with all their efforts drawing backward strive to free their captive comrade. There are more such things, if such be sought out. For all things which can have enemies, an easy mishap would consume, did they not have care for their own safety. Let us recall our words to you, master of the bars. Suffer your penal recess to be guiltlessly a secret place. You are tormented indeed, in that no one is afflicted:
you are received in sadness apart from the common joys, while to you alone the general pardon is not spared, to be compared with livid envy. Endure the loss arising from the security of all, you who had gladness from the affliction of many. But that we may console even your groans, claim for yourself only those whom the law of piety releases not by grace, lest, while sparing the savage, it should make light of the most atrocious crimes. Let us therefore all be loosed who are entangled in worldly deeds. Every man endures perilous bonds which he should hasten to escape. Let the prisons dismiss the accused: let the chains of wicked thought set us free.