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
executioner should be immediately sent for, with a Spanish sword and a
block. A person being prosecuted for falsely assuming the freedom of
Rome, 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
fa