for sacred rites. And upon the sight of any ominous
bird in the City or Capitol, he issued an order for a supplication, the
words of which, by virtue of his office of high priest, after an
exhortation from the rostra, he recited in the presence of the people,
who repeated them after him; all workmen and slaves being first ordered
to withdraw.
XXIII. The courts of judicature, whose sittings had been formerly
divided between the summer and winter months, he ordered, for the
dispatch of business, to sit the whole year round. The jurisdiction in
matters of trust, which used to be granted annually by special commission
to certain magistrates, and in the city only, he made permanent, and
extended to the provincial judges likewise. He altered a clause added by
Tiberius to the Papia-Poppaean law [521], which inferred that men of
sixty years of age were incapable of begetting children. He ordered
that, out of the ordinary course of proceeding, orphans might have
guardians appointed them by the consuls; and that those who were banished
from any province by the chief magistrate, should be debarred from coming
into the City, or any part of Italy. He inflicted on certain persons a
new sort of banishment, by forbidding them to depart further than three
miles from Rome. When any affair of importance came before the senate,
he used to sit between the two consuls upon the seats of the tribunes.
He reserved to himself the power of granting license to travel out of
Italy, which before had belonged to the senate.
XXIV. He likewise granted the consular ornaments to his Ducenarian
procurators. From those who declined the senatorian dignity, he took
away the equestrian. Although he had in the beginning of his reign
declared, that he would admit no man into the senate who was not the
great-grandson of a Roman citizen, yet he gave the "broad hem" to the son
of a freedman, on condition that he should be adopted by a Roman knight.
Being afraid, however, of incurring censure by such an act, he informed
the public, that his ancestor Appius Caecus, the censor, had elected the
sons of freedmen into (316) the senate; for he was ignorant, it seems,
that in the times of Appius, and a long while afterwards, persons
manumitted were not called freedmen, but only their sons who were
free-born. Instead of the expense which the college of quaestors was
obliged to incur in paving the high-ways, he ordered them to give the
people an exhibition of
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