The silent man is always terrible, and Tiberius was a silent man; even

when he spoke, he spoke slowly; his prepared speeches were uttered

with deliberation, and it was not always easy to follow their meaning;

he was in fact apt to speak above the heads of his audience, and to

ascribe to them knowledge and trains of thought which they did not

share with himself. His obscurity was the more alarming because it

seemed to be premeditated, for when he was unexpectedly stirred by

some strong emotion, his words were rapid enough and clear enough and

incisive enough to make such of his hearers as had reason to dread

his displeasure feel very uncomfortable. Given time for preparation,

he studied the statesman’s art of non-committal oratory; he felt his

responsibilities, and was so anxious to avoid injudicious expressions

as to be sometimes unintelligible. The contrast between this

studied reticence and his occasional vigorous invective, or biting

sarcasm, was so marked as to suggest perpetually smouldering fires.

Sometimes his sense of humour tempted him to an unseemly display,

as when the citizens of Troy sent a belated deputation to condole

with him on the death of his son, and he returned the compliment by

expressing his sympathy with their grief at the loss of an eminent

fellow-citizen--Hector. He was contemptuous of the arts by which

popularity is gained; conscious of rectitude of purpose, and of a

generally benevolent temper towards his immediate attendants and the

people of Rome, he never pretended to take pleasure in things for

which he had no taste in order to win favour. Simple in his tastes,

inexpensive in his pleasures, he reserved his money for great

emergencies, and forbore to squander it upon those sumptuous shows in

which the Roman crowds delighted. It was this severity of temperament

in Tiberius which Augustus endeavoured unsuccessfully to modify,

himself a man naturally disposed to bask in the popular favour and

genuinely enjoying the lighter side of life. We shall have to record

pleasing instances of the benevolent and wise liberality of Tiberius

on occasions of great distress, but the common herd is more ready to

bestow its affections upon those who share its everyday amusements

than upon those who provide relief for its exceptional tribulations;

indeed, the man who abstains from the pleasures of others, inevitably,

though unwillingly and unconsciously, assumes the position of a censor

of morals, for the man who cannot enjoy with others is often unjustly

credited, even in private life, with a veiled contempt for the lovers

of innocent diversions. Again, seeing events from a point of view which

commanded a large horizon, Tiberius did not feel the sting of words or

actions which appeared to less large natures necessarily unendurable,

and when he forbore to express resentment his silence was construed

as an indication not of indifference, but of politic self-restraint.

Men do not readily inflict humiliation on themselves by imputing to an

enemy unconsciousness of their malice or contempt for its smallness;

it is more satisfactory to believe that the wound has been felt, and

that the victim is brooding over his revenge. The reserve of Tiberius

was the more imposing because his personal appearance was in itself

awe-inspiring; the tall, gaunt old man, with his large eyes, his

thin lips, his bush of hair, his stooping shoulders, and, as his age

increased, his fiery complexion, was a figure calculated to inspire

terror, when the revelation of some unexpected meanness, some more than

ordinarily unjust interpretation of his actions called forth one of

those rare bursts of passion and scorching vituperation. But a man may

thus terrify without possessing any propensity to cruelty; mere native

superiority is terrifying, and the more so when its possessor is one

whose powers are vague and believed to be unlimited.

Tiberius is not the only statesman who has underestimated the

damaging effects of unpopularity; within certain limits a statesman

cannot afford to be unpopular, and impairs his own usefulness if he

raises an irrational prejudice against himself. There are times and

occasions when it is the duty of a statesman to face public opinion,

and to persist in an unpopular policy, but it is never the duty of

a statesman to excite personal animosity; in so far as a public man

stirs unnecessary animosities he is a failure, for it is only a rare

combination of circumstances that reveals to a community the real worth

of a man who has the unfortunate knack of making himself disliked. On

the other hand, the worthlessness of many a man who has achieved great

popularity by the unconscious flattery of the weaknesses of his fellow

citizens, has often escaped notice, because the events by which alone

he could be tested never happened to occur in his lifetime, or during

his tenure of power.

Conscious of the strictest rectitude of purpose, contemptuous of the

judgment of the crowd, equally contemptuous of the small aims and

narrow outlook of even the more cultivated Roman Senators, shrewd,

practical and intellectual, but not emotional or sentimental, impatient

of weakness, intolerant of smallness, Tiberius was not a man to attract

sympathy, or to be appreciated beyond the narrow circle of a few

intimates, who understood his real aspirations. Augustus was a less

noble man and a less intellectual man, but he was able to do work that

Tiberius could never have done, because he was more in touch with the

men through whom he had to work; where Augustus was guided by a subtle

and unconscious sympathy, Tiberius practised the lessons drawn from

observation and reason. The result was in most cases the same, but with

this difference, that Tiberius ignored those things which are incapable

of rational analysis and mathematical expression, Augustus understood

them; while Tiberius refused to allow altars to be built in his honour,

his sturdy common sense not permitting him to see anything supernatural

in his position, Augustus, with a truer instinct, allowed himself to be

canonized in his lifetime. Tiberius offended a popular sentiment by his

rejection of divine honours; Augustus by his acceptance added not only

to his own security, but to the strength of the Empire.

An examination of the political transactions of Tiberius for the year

15 A.D., and of the account which Tacitus gives of them, forms at once

a good introduction to the study of subsequent events, and sets in a

clear light the policy of the Emperor, the tendencies of the Senate,

and the character of the impartiality claimed for himself by the

historian.

Augustus had been dead for four months when the Senate met on the first

of January to exchange compliments with the Emperor, and to inaugurate

the policy of the coming year; the formal business of installing the

officials in their chairs was gone through on this occasion, and all

the ceremonies handed down from the Republican times were scrupulously

observed.

In addition to the routine business, the Senate offered a compliment

to Tiberius; they wished him to accept and adopt permanently the title

of “Father of his Country,” which they had given to Augustus. Tiberius

refused it. Suetonius has preserved a few lines of the speech in which

he intimated his refusal: “If, however, you shall at any time find

reason to mistrust my character, or my devotion to yourselves--and I

pray heaven that death may save me from such a change in your opinion

of me before it comes to pass--this title will add nothing to my fame,

while it will convict you either of precipitation in conferring it

upon me now, or of levity in forming a contrary opinion hereafter.”

The concluding sentence suggests a possible touch of irony, but it

does not give any ground for the assumption that Tiberius foresaw his

own unpopularity, or was conscious of being unworthy of the honour,

as is suggested by Suetonius. Tiberius despised the empty compliment;

possibly he was irritated by the offer, but the tyrant who would think

it worth his while to deprecate a compliment of this kind, because he

was conscious of his unworthiness, or deliberately proposed to make

himself unworthy, is rare in the annals of tyranny.

The Senate then wished to proceed to a ceremony which was not merely

ceremonial, but of deep political significance. Cæsar during his

short reign had prevailed on the Senate to take an oath individually

that they would ratify all his transactions. It was by virtue of

this proceeding that Antonius made his snatch at supreme power.

After the murder of the Dictator the Senate was still pledged to the

ratification of his acts, and Antonius being in possession of the

papers of Cæsar was able to produce Cæsar’s authority for whatever

measures he wished to carry and whatever appointments he wished to

make. Augustus had reintroduced the same system, and it had been the

custom during his reign to renew the oath on the first day of each

official year. The Senate’s position was thus reduced from that of a

legislative and executive body to that of a purely consultative body;

the forms of voting, the forms of the appointment of magistrates might

be maintained, senators might be free to express their opinions on

questions of policy, or to raise questions and direct the attention of

the Emperor to matters requiring his attention, but they were pledged

in advance to accept his decision. It is a work of supererogation to

enumerate the different magistracies which were combined in the one

person of the Emperor, for so long as the Senators took this oath, he

was above all magistracies; no power was left to the Senate except

that of formally ratifying his decrees. Much the same effect has

been secured in English politics by the stringent rules of party

Government: members of Parliament do not take an oath to register the

decrees of the leaders or leader of their party, but the practical

result is the same; whatever may be said in the House of Commons,

however violent the debates, the conclusion is foregone, so soon as the

Government of the day has declared its intentions; practically no Bill

can be introduced without its consent, no discussion held except with

its connivance; the majority is pledged to vote as its leaders direct,

and the march into the division lobbies is a tedious and superfluous

ceremony, an antiquated and exasperating formality. Political purists

may deplore such a state of things, but as a practical expedient it is

supremely useful. No country was ever yet governed by an undisciplined

debating society; the form of discipline may vary, but the discipline

must be there.

Tiberius, however, wished to be a constitutional ruler, and to restore

to the Senate its independence; he refused to allow it to swear in

advance to ratify his transactions. Here again we have a few lines

of his speech: “I shall always be like myself, and I shall never

change my character so long as I am of sound mind; but for the sake of

the precedent the Senate must be cautious not to bind itself to the

transactions of any being who might be changed by some misadventure.”

The comment of Tacitus is simply: “He did not, however, gain credit

for a constitutional policy in this way. For he had revived the ‘Lex

Majestatis,’ etc., etc.”

Deferring for a moment the consideration of the “Lex Majestatis,” which

was the special bugbear of Tacitus, we may remark that either he did

not realize the significance of the act by which Tiberius formally

emancipated the Senate from his own control, in which case we attach

little value to his opinions as a constitutional historian, or that

he did see, but preferred to ignore, in which case we may dismiss his

claim for impartiality. It is quite possible that he states correctly

the opinion of some contemporaries of Tiberius, who frequently

misunderstood a moderation for which they were not prepared, and who

had so long acquiesced in the policy of Augustus that any other was

beyond their comprehension; but Tacitus was not bound to a similar

dullness, and still less are we bound to share his blindness. The act

was one of the first political importance, and no modern historian

would dismiss a similar action of a prominent statesman with a comment

of seven words. We shall see that in this as in other similar measures,

Tiberius was unsuccessful in his attempt to restore the Senatorial

Government, but we cannot without gross injustice refuse him credit for

making the attempt.

The next statement, “For he had revived the ‘Lex Majestatis,’ etc.,”

is simply a lie, for the words would naturally be held to imply that

the law in question had fallen into abeyance, and was now recalled

to activity. Tacitus himself tells us in the very next sentence,

that Augustus had extended the application of this law from deeds to

libellous writings; nor was the “revival” of this application anything

that we should understand as a revival. The Prætors, on entering

office each year, made an official announcement of the sense in which

they proposed to interpret the laws during their term of office, and

of any modifications which were to be introduced in their procedure.

Pompeius Macro, who was one of the Prætors for the year A.D. 15, asked

Tiberius whether cases under the “Lex Majestatis” were to be heard.

Tiberius replied that the laws must be enforced; he neither made a new

law nor revived an old one, nor announced a fresh interpretation of a

previous law; he simply announced that the previous practice should be

continued, and this in the customary routine of business; it was the

duty of Macro the Prætor, not of Tiberius the Princeps, to announce

any proposed change in procedure. Tacitus may be right in assuming

that it was in the power of Tiberius at this moment to take the sting

out of the actions under the “Lex Majestatis,” and that he would have

been wise in doing so, but he has totally misrepresented the facts in

stating that Tiberius revived the operation of this law.

The history of the “Lex Majestatis” is not absolutely clear, but it

is certain that comparatively early in the Republican period the

laws provided for the punishment of a Roman citizen who by his acts

diminished the majesty of the Republic: cowardice in the field,

premature surrender, dishonourable breaches of faith by which the

dignity of the State was impaired, were deeds punishable under this

law. Its operation was extended under Augustus to words and actions

tending to lower the dignity of private citizens and of the head of the

State in whom the majesty of the Republic was centred and personified;

to publish disrespectful or libellous statements about the Emperor,

to plot against his life, to acquiesce in depreciatory criticism of

his actions, were all things which could be brought under the “Lex

Majestatis”; it dealt with treason, constructive treason, and ordinary

libel. The penalties were severe, but the peculiar aggravation lay in

the fact that the informer was rewarded. Similar laws are not unknown

to modern States, and are not held to be necessarily detrimental to the

body politic; at the same time, they are capable of being abused, and

under the rule of Caligula, Nero and Domitian, the “Lex Majestatis”

proved to be an engine of tyranny; informers drove a profitable trade,

and the confiscations made under the law proved a source of revenue

to these spendthrift princes. There is, however, no evidence that the

grievance had been felt in the reign of Augustus, and Tiberius is

hardly to be blamed for not annulling ancient legislation within six

months of his accession, which had as yet caused little inconvenience.

If there had been abuses, the remedy lay in the administration rather

than in the repeal of the law.

Tacitus had at his disposal the whole body of the transactions of the

Senate; if a good case was to be made out against the manner in which

the “Lex Majestatis” was worked under Tiberius, all the material was

before him; had there been serious abuses, the evidence was accessible.

He, however, produces only three cases in the year 15 A.D., which he

introduces with the following flourish: “It will be worth while to

relate the charges which it was endeavoured to bring against Falanius

and Rubrius, equestrians of no particular distinction, so that it may

be seen from what beginnings this deadly bane started, with what artful

management on the part of Tiberius it crept on, was then repressed,

lastly blazed up, and carried everything before it.” Falanius was

accused on two charges: he had enrolled a notoriously disreputable

actor among the worshippers of Augustus; he had sold a statue of

Augustus along with the garden in which it stood. Rubrius was accused

of perjury after swearing by the name of Augustus. The charges were

dismissed. Tiberius said that Cassius the actor had been included by

Livia herself among the actors appointed to give a performance in

honour of Augustus; that there was no reason for distinguishing between

a statue of Augustus and statues of other gods, which were habitually

included in the sale of houses and gardens; that Augustus had not

been deified in order that his worship should lead to the ruin of the

citizens; and as to oaths taken in his name, they must be treated

like oaths taken in the name of Jupiter. He added with characteristic

irony: “The gods can protect their own dignity.” These remarks

contained in a letter addressed to the Consuls, as soon as the facts

came to the Emperor’s ears, stopped the prosecution. The accusers were

foolish enough, but it is not easy to see where Tiberius is guilty of

encouraging informers in these cases.

The third case was more complicated. Granius Marcellus, the Governor

of Bithynia, was accused by two different men at once of two different

crimes: his subordinate, Cæpio Crispinus, charged him with extortion

in the government of his province; Hispo, a professional informer,

according to Tacitus, accused him of defamation of the character of

Tiberius, of placing his own statue higher than that of the Cæsars,

of cutting the head off a statue of Augustus and replacing it by one

of Tiberius. Marcellus was acquitted of the charges brought by Hispo,

which came under the “Lex Majestatis”; the charge of extortion was

referred to the court appointed to hear such causes. Here again there

is absolutely no evidence that Tiberius was inclined to press charges

under the “Lex Majestatis”; the evidence is all in the contrary

direction, but Tacitus, with an absolutely diabolical ingenuity,

contrives to give his story the necessary twist. “Hispo pretended that

Marcellus had made libellous speeches about Tiberius, a charge which

it was impossible to escape, since the accuser picked out all the most

abominable things in the character of the Emperor, and imputed the

statement of them to the defendant. For because they were true charges

they were believed to have been uttered.” And yet it was precisely on

these charges that the man was acquitted. Tacitus, however, succeeded

in stating that Tiberius was a man of abominable moral character, that

everybody knew it, and in further suggesting that the statements were

made in a court of justice with the acquiescence of the audience. It

is not likely that the speech of Hispo was preserved, even if the

case went so far as to allow him to make one, but the influence of

the senatorial record in favour of Tiberius had to be dispelled, and

is cleverly dispelled by the suggestion that the calumnies against

Tiberius received a quasi-official sanction in the law court; if they

were listened to, their truth was so obvious that nobody protested.

After recounting the points in Hispo’s indictment, Tacitus continues:

“Thereupon he (Tiberius) lost his temper to such an extent, that

breaking his usual silence he declared that he would give his opinion

on that case openly and on his oath, in order that the other senators

might be obliged to do the same.” Tacitus would like us to think that

the display of indignation was caused by the charge of defamation, but

there were two other and better reasons for wrath. In the first place,

extortionate proceedings in the provinces always stirred the wrath of

Tiberius; Bithynia was a Senatorial Province; the Senate were still

apt to deal leniently with one of their own order, and Tiberius may

have detected indications that they were likely to take this line; in

the second place, to couple a charge of extortion with a charge of

defamation of the Emperor was a bit of sharp practice; the informer

hoped to get his reward under the “Lex Majestatis,” because he believed

that the man would be condemned on the charge of extortion, and that

the prejudice thus created against him would secure his condemnation on

both charges. It was an abominable trick, and Tiberius saw through it.

The conclusion of the narrative of Tacitus is no less ingenious; he

says: “There even then remained some traces of expiring liberty.

Therefore Gnæus Piso said, ‘In what place will you give your opinion,

Cæsar? If first, I shall have something to follow; if last, I am

afraid I may inadvertently differ from you.’ Thoroughly alarmed by

these words, and penitent because of the imprudence of his outburst, he

allowed the accused to be acquitted of the charges of ‘Majestas.’ The

case of extortion was referred to the assessors.”

As these are the only three cases tried under the law of “Majestas”

in the first twelve months of the reign of Tiberius, we must admit

that he marched very slowly to that tragic wickedness to which Tacitus

refers, and by means of an art which is so artful, as to be to our eyes

absolutely invisible.

It is further to be remembered that there was formal documentary

evidence of the charges, and of their subsequent dismissal, but no

evidence can have been forthcoming as to the Emperor’s burst of temper,

or the acquiescence of the audience in the supposed revelation of his

wickedness except tradition and private memoirs. The remark of Gnæus

Piso was to the point, but it is evidence of the weakness of the

Senate, not of the tyranny of Tiberius.

Tiberius having thus summarily quashed three cases under the “Lex

Majestatis,” and sent a senatorial oppressor of a province to be dealt

with by the constitutional court, may have offended those surviving

heirs of the old senatorial tradition to whom the restoration of

the Senate implied the restoration of the abuses of the senatorial

administration, but he had done nothing tyrannical. The narrative

of Tacitus proceeds, however, as if Tiberius had waded knee deep in

blood, and triumphed in the perversion of justice: “Not satiated with

the processes in the Senate he used to attend the courts, sitting

at the end of the tribunal, in order not to remove the Prætor from

his official seat.” There is no question about the fact; Augustus

used in the same unofficial fashion to attend the courts and watch

the administration of justice, acting in this respect like any other

Senator, but the skilful use of the words “not satiated” gives a

sinister significance to an innocent statement.

The administration of justice was not above suspicion in the Roman

Law Courts, and the presence of Tiberius among the jury secured a

fair hearing. As Tacitus himself says, “Many decisions were given in

his presence contrary to the bribes and solicitations of influential

men,” and then follows the customary Tacitean comment, “But while the

interests of truth were being looked after liberty was corrupted.”

If liberty means the sacred right of senatorial juries and powerful

men to secure maladministration of justice by means of bribes and

private influence, we can hardly blame Tiberius for “corrupting” such

liberty, and may be excused for not seeing any excessive adulation in

the remarks which Paterculus makes in reference to the same procedure,

“Confidence in the Courts of Law was restored.” “With what dignity does

he (Tiberius) attentively listen to cases as a senator and juryman, not

as Princeps and Cæsar!”

By insisting on an impartial administration of justice, Tiberius made

enemies among those who were interested in the contrary practice,

and there is no doubt that many a senator relieved his feelings by

recording instances of such tyranny in his private diary. It is all

a question of point of view; our point of view does not allow us to

stigmatize a man as a tyrant who steadily worked for the purity of the

law courts.

Tiberius the Tyrant · 第 19 / 28 段