Divus Claudius

Besides his former consulship, he held the office afterwards four times; the first two successively, [*](A. U. C. 795, 796. ) but the following, after an interval of four years each;[*](A.U.C. 800, 804) 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.[*]("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 Smyrna to be exposed to it in the amphitheatre at Rome. )

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. [*](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. ) 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 favour of those who have spoken the truth."[*](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. ) 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, [*](See the note in CALIGULA, c. xix., as to Suetonius's sources of information from persons cotemporary with the occurrences he relates. ) 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."[*](The insult was conveyed in Greek, which seems, from Suetonius, to have been in very common use at Rome: καί σὺ γέρων εἶ, καὶ) 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.