would give them one when he could catch it." The following was well-intended, and well-timed; having, amidst great applause, spared a gladiator, on the intercession of his four sons, he sent a billet immediately round the theatre, to remind the people, "how much it behoved them to get children, since they had before them an example how useful they had been in procuring favour and security for a gladiator." He likewise represented in the Campus Martius, the assault and sacking of a town, and the surrender of the British kings [520], presiding in his general's cloak. Immediately before he drew off the waters from the Fucine lake, he exhibited upon it a naval fight. But the combatants on board the fleets crying out, "Health attend you, noble emperor! We, who are about to peril our lives, salute you;" and he replying, "Health attend you too," they all refused to fight, as if by that response he had meant to excuse them. Upon this, he hesitated for a time, whether he should not destroy them all with fire and sword. At last, leaping from his seat, and running along the shore of the lake with tottering steps, the result of his foul excesses, he, partly by fair words, and partly by threats, persuaded them to engage. This spectacle represented an engagement between the fleets of Sicily and Rhodes; consisting each of twelve ships of war, of three banks of oars. The signal for the encounter was given by a silver Triton, raised by machinery from the middle of the lake.
XXII. With regard to religious ceremonies, the administration of affairs both civil and military, and the condition of all orders of the people at home and abroad, some practices he corrected, others which had been laid aside he revived; and some regulations he introduced which were entirely new. In appointing new priests for the several colleges, he made no appointments without being sworn. When an earthquake (315) happened in the city, he never failed to summon the people together by the praetor, and appoint holidays 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 gladiators; and relieving them of the provinces of Ostia and [Cisalpine] Gaul, he reinstated them in the charge of the treasury, which, since it was taken from them, had been managed by the praetors,
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