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. 489
XV. 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 (306) 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 490. 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