<TEI xmlns="http://www.tei-c.org/ns/1.0" xmlns:py="http://codespeak.net/lxml/objectify/pytype" py:pytype="TREE"><text xml:lang="eng"><body><div xml:lang="eng" type="translation" n="urn:cts:latinLit:phi1348.abo015.perseus-eng2"><div type="textpart" n="14" subtype="chapter"><p>Besides his former consulship, he held the office afterwards four times; the
					first two successively, <note anchored="true">A. U. C. 795, 796. </note> but the
					following, after an interval of four years each;<note anchored="true">A.U.C.
						800, 804</note> the last for six months, the others for two; and the third,
					upon his being chosen in the room of a consul who died; which had never been
					done by any of the emperors before him. Whether he was consul or out of office
					he constantly attended the courts for the administration of justice, even upon
					such days as were solemnly observed as days of rejoicing in his family, or by
					his friends; and sometimes upon the public festivals of ancient institution. Nor
					did he always adhere strictly to the letter of the laws, but overruled the
					rigour or lenity of many of their enactments, according to his sentiments of
					justice and equity. For where persons lost their suits by insisting upon more
					than appeared to be their due, before the judges of private causes, he granted
					them the indulgence of a second trial. And with regard to such as were convicted
					of any great delinquency, he even exceeded the punishment appointed by law, and
					condemned them to be exposed to wild beasts.<note anchored="true">"Ad bestias"
						had become a new and frequent sentence for malefactors. It will be
						recollected, that it was the most usual form of martyrdom for the primitive
						Christians. Polycarp was brought all the way from <placeName key="perseus,Smyrna">Smyrna</placeName> to be exposed to it in the
						amphitheatre at <placeName key="perseus,Rome">Rome</placeName>. </note></p></div><div type="textpart" n="15" subtype="chapter"><p>But in hearing and determining causes, he exhibited a strange inconsistency of
					temper, being at one time circumspect and sagacious, at another inconsiderate
					and rash, and sometimes frivolous and like one out of his mind. In correcting
					the roll of judges, he struck off the name of one who, concealing the privilege
					his children gave him to be excused from serving, had answered to his name, as
					too eager for the office. Another who was summoned before him in a cause of his
					own, but alleged that the affair did not properly come under the emperor's
					cognizance, but that of the ordinary judges, he ordered to plead the cause
					himself immediately before him, and show in a case of his own, how equitable a
					judge he would prove in that of other persons. A woman refusing to acknowledge
					her own son, and there being no clear proof on either side, he obliged her to
					confess the truth, by ordering her to marry the young man. <note anchored="true">This reminds us of the decision of Solomon in the case of the two mothers,
						who each claimed a child as their own, 1 Kings iii. 22-27. </note> He was
					much inclined to determine causes in favour of the parties who appeared, against
					those who did not, without inquiring whether their absence was occasioned by
					their own fault, or by real necessity. On proclamation of a man's being
					convicted of forgery, and that he ought to have his hand cut off, he insisted
					that an executioner should be immediately sent for, with a Spanish sword and a
					block. A person being prosecuted for falsely assuming the freedom of <placeName key="perseus,Rome">Rome</placeName>, and a frivolous dispute arising between
					the advocates in the cause, whether he ought to make his appearance in the Roman
					or Grecian dress, to show his impartiality, he commanded him to change his
					clothes several times according to the character he assumed in the accusation or
					defence. An anecdote is related of him, and believed to be true, that, in a
					particular cause, he delivered his sentence in writing thus: "I am in favour of
					those who have spoken the truth."<note anchored="true">A most absurd judicial
						conclusion, the business of the judge or court being to decide, on weighing
						the evidence, on which side the truth preponderated. </note> By this he so
					much forfeited the good opinion of the world, that he was everywhere and openly
					despised. A person making an excuse for the non-appearance of a witness whom he
					had sent for from the provinces, declared it was impossible for him to appear,
					concealing the reason for some time: at last, after several interrogatories were
					put to him on the subject, he answered, "The man is dead;" to which Claudius
					replied, "I think that is a sufficient excuse." Another thanking him for
					suffering a person who was prosecuted to make his defence by counsel, added,
					"And yet it is no more than what is usual." I have likewise heard some old men
					say, <note anchored="true">See the note in CALIGULA, c. xix., as to Suetonius's
						sources of information from persons cotemporary with the occurrences he
						relates. </note> that the advocates used to abuse his patience so grossly,
					that they would not only call him back, as he was quitting the tribunal, but
					would seize him by the lap of his coat, and sometimes catch him by the heels, to
					make him stay. That such behaviour, however strange, is not incredible, will
					appear from this anecdote. Some obscure Greek, who was a litigant, had an
					altercation with him, in which he called out, "You are an old fool."<note anchored="true">The insult was conveyed in Greek, which seems, from
						Suetonius, to have been in very common use at <placeName key="perseus,Rome">Rome</placeName>: <foreign xml:lang="grc">καί σὺ γέρων εἶ, καὶ</foreign></note> It is certain that a Roman knight, who was
					prosecuted by an impotent device of his enemies on a false charge of abominable
					obscenity with women, observing that common strumpets were summoned against him
					and allowed to give evidence, upbraided Claudius in very harsh and severe terms
					with his folly and cruelty, and threw his style, and some books which he had in
					his hands, in his face, with such violence as to wound him severely in the
					cheek.</p></div></div></body></text></TEI>