[MARCIANUS libro secundo de iudiciis publicis. ] §48.3.6.prDiuus Hadrianus Iulio Secundo ita rescripsit et alias rescriptum est non esse utique epistulis eorum credendum, qui quasi damnatos ad praesidem remiserint.
[MARCIANUS libro secundo de iudiciis publicis.] The deified Hadrian replied by rescript to Julius Secundus in this way, and on other occasions also it was replied by rescript, that credit should not by any means be given to the letters of those who have sent back persons to the governor as if they were already condemned.
idem de irenarchis praeceptum est, quia non omnes ex fide bona elogia scribere compertum est.
The same has been prescribed concerning the peace officers, because it has been found that not all of them write their reports in good faith.
§48.3.6.1Sed et caput mandatorum exstat, quod diuus Pius, cum prouinciae Asiae praeerat, sub edicto proposuit, ut irenarchae, cum adprehenderint latrones, interrogent eos de sociis et receptoribus et interrogationes litteris inclusas atque obsignatas ad cognitionem magistratus mittant.
But there is also a chapter of the instructions extant, which the deified Pius, when he was governor of the province of Asia, published under an edict, to the effect that when peace officers have apprehended robbers, they should interrogate them concerning their accomplices and harborers, and send the interrogations, enclosed in a letter and sealed, to the magistrate for his judicial inquiry.
igitur qui cum elogio mittuntur, ex integro audiendi sunt, etsi per litteras missi fuerint uel etiam per irenarchas perducti.
Therefore, those who are sent with a report must be heard anew, even if they have been sent by letter or even brought in by the peace officers.
sic et diuus Pius et alii principes rescripserunt, ut etiam de his, qui requirendi adnotati sunt, non quasi pro damnatis, sed quasi re integra quaeratur, si quis erit qui eum arguat.
Thus both the deified Pius and other emperors replied by rescript, that even concerning those who have been noted as to be searched for, inquiry should be made not as if they were already condemned, but as if the matter were entirely open, to see if there is anyone who will accuse them.
et ideo cum quis ἀνάκρισιν faceret, iuberi oportet uenire irenarchen et quod scripserit, exsequi: et si diligenter ac fideliter hoc fecerit, conlaudandum eum: si parum prudenter non exquisitis argumentis, simpliciter denotare irenarchen minus rettulisse: sed si quid maligne interrogasse aut non dicta rettulisse pro dictis eum compererit, ut uindicet in exemplum, ne quid et aliud postea tale facere moliatur.
And therefore, when anyone conducts a preliminary inquiry, order should be given for the peace officer to come and explain what he has written; and if he has done this diligently and faithfully, he is to be commended; if he has acted with insufficient prudence, without having carefully investigated the proofs, it should simply be noted that the peace officer made an inadequate report; but if he finds that the officer conducted the interrogation maliciously, or reported things that were not said as if they had been said, he must punish him as an example, so that he may not attempt to do anything of the sort thereafter.