|8. Tacitus, Annals, 2.79, 3.12, 3.69, 4.22, 13.4, 14.42-14.45 (1st cent. CE - 2nd cent. CE)
Tagged with subjects: • Antoninus Pius,, and senatorial jurisdiction • Augustus (previously Octavian), builds temple of Mars,, jurisdiction • Aurelius, M.,, jurisdiction • Claudius,, jurisdiction • Domitian,, jurisdiction • Hadrian,, jurisdiction • Nero,, jurisdiction • Pertinax,, jurisdiction • Tiberius,, jurisdiction • Titus,, and senatorial jurisdiction • Trajan,, jurisdiction • criminal jurisdiction • emperor,, jurisdiction • jurisdiction
Found in books: Talbert (1984), The Senate of Imperial Rome, 461, 468, 470, 475, 481; Tuori (2016), The Emperor of Law: The Emergence of Roman Imperial Adjudication<, 143, 144, 145, 157, 158, 179, 180
2.79 Igitur oram Lyciae ac Pamphyliae praelegentes, obviis navibus quae Agrippinam vehebant, utrimque infensi arma primo expediere: dein mutua formidine non ultra iurgium processum est, Marsusque Vibius nuntiavit Pisoni Romam ad dicendam causam veniret. ille eludens respondit adfuturum ubi praetor qui de veneficiis quaereret reo atque accusatoribus diem prodixisset. interim Domitius Laodiciam urbem Syriae adpulsus, cum hiberna sextae legionis peteret, quod eam maxime novis consiliis idoneam rebatur, a Pacuvio legato praevenitur. id Sentius Pisoni per litteras aperit monetque ne castra corruptoribus, ne provinciam bello temptet. quosque Germanici memores aut inimicis eius adversos cognoverat, contrahit, magnitudinem imperatoris identidem ingerens et rem publicam armis peti; ducitque validam manum et proelio paratam.' "
3.12 Die senatus Caesar orationem habuit meditato tem- peramento. patris sui legatum atque amicum Pisonem fuisse adiutoremque Germanico datum a se auctore senatu rebus apud Orientem administrandis. illic contumacia et certaminibus asperasset iuvenem exituque eius laetatus esset an scelere extinxisset, integris animis diiudicandum. 'nam si legatus officii terminos, obsequium erga imperatorem exuit eiusdemque morte et luctu meo laetatus est, odero seponamque a domo mea et privatas inimicitias non vi principis ulciscar: sin facinus in cuiuscumque mortalium nece vindicandum detegitur, vos vero et liberos Germanici et nos parentes iustis solaciis adficite. simulque illud reputate, turbide et seditiose tractaverit exercitus Piso, quaesita sint per ambitionem studia militum, armis repetita provincia, an falsa haec in maius vulgaverint accusatores, quorum ego nimiis studiis iure suscenseo. nam quo pertinuit nudare corpus et contrectandum vulgi oculis permittere differrique etiam per externos tamquam veneno interceptus esset, si incerta adhuc ista et scrutanda sunt? defleo equidem filium meum semperque deflebo: sed neque reum prohibeo quo minus cuncta proferat, quibus innocentia eius sublevari aut, si qua fuit iniquitas Germanici, coargui possit, vosque oro ne, quia dolori meo causa conexa est, obiecta crimina pro adprobatis accipiatis. si quos propinquus sanguis aut fides sua patronos dedit, quantum quisque eloquentia et cura valet, iuvate periclitantem: ad eundem laborem, eandem constantiam accusatores hortor. id solum Germanico super leges praestiterimus, quod in curia potius quam in foro, apud senatum quam apud iudices de morte eius anquiritur: cetera pari modestia tractentur. nemo Drusi lacrimas, nemo maestitiam meam spectet, nec si qua in nos adversa finguntur.'" 3.69 At Cornelius Dolabella dum adulationem longius sequitur increpitis C. Silani moribus addidit ne quis vita probrosus et opertus infamia provinciam sortiretur, idque princeps diiudicaret. nam a legibus delicta puniri: quanto fore mitius in ipsos, melius in socios, provideri ne peccaretur? adversum quae disseruit Caesar: non quidem sibi ignara quae de Silano vulgabantur, sed non ex rumore statuendum. multos in provinciis contra quam spes aut metus de illis fuerit egisse: excitari quosdam ad meliora magnitudine rerum, hebescere alios. neque posse principem sua scientia cuncta complecti neque expedire ut ambitione aliena trahatur. ideo leges in facta constitui quia futura in incerto sint. sic a maioribus institutum ut, si antissent delicta, poenae sequerentur. ne verterent sapienter reperta et semper placita: satis onerum principibus, satis etiam potentiae. minui iura quotiens gliscat potestas, nec utendum imperio ubi legibus agi possit. quanto rarior apud Tiberium popularitas tanto laetioribus animis accepta. atque ille prudens moderandi, si propria ira non impelleretur, addidit insulam Gyarum immitem et sine cultu hominum esse: darent Iuniae familiae et viro quondam ordinis eiusdem ut Cythnum potius concederet. id sororem quoque Silani Torquatam, priscae sanctimoniae virginem, expetere. in hanc sententiam facta discessio.
4.22 Per idem tempus Plautius Silvanus praetor incertis causis Aproniam coniugem in praeceps iecit, tractusque ad Caesarem ab L. Apronio socero turbata mente respondit, tamquam ipse somno gravis atque eo ignarus, et uxor sponte mortem sumpsisset. non cunctanter Tiberius pergit in domum, visit cubiculum, in quo reluctantis et impulsae vestigia cernebantur. refert ad senatum, datisque iudici- bus Vrgulania Silvani avia pugionem nepoti misit. quod perinde creditum quasi principis monitu ob amicitiam Augustae cum Vrgulania. reus frustra temptato ferro venas praebuit exolvendas. mox Numantina, prior uxor eius, accusata iniecisse carminibus et veneficiis vaecordiam marito, insons iudicatur.
13.4 At Tiridates pudore et metu, ne, si concessisset obsidioni, nihil opis in ipso videretur, si prohiberet, impeditis locis seque et equestris copias inligaret, statuit postremo ostendere aciem et dato die proelium incipere vel simulatione fugae locum fraudi parare. igitur repente agmen Romanum circumfundit, non ignaro duce nostro, qui viae pariter et pugnae composuerat exercitum. latere dextro tertia legio, sinistro sexta incedebat, mediis decimanorum delectis; recepta inter ordines impedimenta, et tergum mille equites tuebantur, quibus iusserat ut instantibus comminus resisterent, refugos non sequerentur. in cornibus pedes sagittarius et cetera manus equitum ibat, productiore cornu sinistro per ima collium, ut, si hostis intravisset, fronte simul et sinu exciperetur. adsultare ex diverso Tiridates, non usque ad ictum teli, sed tum minitans, tum specie trepidantis, si laxare ordines et diversos consectari posset. ubi nihil temeritate solutum, nec amplius quam decurio equitum audentius progressus et sagittis confixus ceteros ad obsequium exemplo firmaverat, propinquis iam tenebris abscessit.
13.4 Ceterum peractis tristitiae imitamentis curiam ingressus et de auctoritate patrum et consensu militum praefatus, consilia sibi et exempla capessendi egregie imperii memora- vit, neque iuventam armis civilibus aut domesticis discordiis imbutam; nulla odia, nullas iniurias nec cupidinem ultionis adferre. tum formam futuri principatus praescripsit, ea maxime declis quorum recens flagrabat invidia. non enim se negotiorum omnium iudicem fore, ut clausis unam intra domum accusatoribus et reis paucorum potentia grassaretur; nihil in penatibus suis venale aut ambitioni pervium; discretam domum et rem publicam. teneret antiqua munia senatus, consulum tribunalibus Italia et publicae provinciae adsisterent: illi patrum aditum praeberent, se mandatis exercitibus consulturum.
14.42 Haud multo post praefectum urbis Pedanium Secundum servus ipsius interfecit, seu negata libertate cui pretium pepigerat sive amore exoleti incensus et dominum aemulum non tolerans. ceterum cum vetere ex more familiam omnem quae sub eodem tecto mansitaverat ad supplicium agi oporteret, concursu plebis quae tot innoxios protegebat usque ad seditionem ventum est senatusque obsessus, in quo ipso erant studia nimiam severitatem aspertium, pluribus nihil mutandum censentibus. ex quis C. Cassius sententiae loco in hunc modum disseruit: 14.43 Saepe numero, patres conscripti, in hoc ordine interfui, cum contra instituta et leges maiorum nova senatus decreta postularentur; neque sum adversatus, non quia dubitarem super omnibus negotiis melius atque rectius olim provisum et quae converterentur in deterius mutari, sed ne nimio amore antiqui moris studium meum extollere viderer. simul quidquid hoc in nobis auctoritatis est crebris contradictionibus destruendum non existimabam, ut maneret integrum si quando res publica consiliis eguisset. quod hodie venit consulari viro domi suae interfecto per insidias servilis, quas nemo prohibuit aut prodidit quamvis nondum concusso senatus consulto quod supplicium toti familiae minitabatur. decernite hercule impunitatem: at quem dignitas sua defendet, cum praefecto urbis non profuerit? quem numerus servorum tuebitur, cum Pedanium Secundum quadringenti non protexerint? cui familia opem feret, quae ne in metu quidem pericula nostra advertit? an, ut quidam fingere non erubescunt, iniurias suas ultus est interfector, quia de paterna pecunia transegerat aut avitum mancipium detrahebatur? pronuntiemus ultro dominum iure caesum videri.' "14.44 Libet argumenta conquirere in eo quod sapientioribus deliberatum est? sed et si nunc primum statuendum haberemus, creditisne servum interficiendi domini animum sumpsisse ut non vox minax excideret, nihil per temeritatem proloqueretur? sane consilium occultavit, telum inter ignaros paravit: num excubias transire, cubiculi foris recludere, lumen inferre, caedem patrare poterat omnibus nesciis? multa sceleris indicia praeveniunt: servi si prodant possumus singuli inter pluris, tuti inter anxios, postremo, si pereundum sit, non inulti inter nocentis agere. suspecta maioribus nostris fuerunt ingenia servorum etiam cum in agris aut domibus isdem nascerentur caritatemque dominorum statim acciperent. postquam vero nationes in familiis habemus, quibus diversi ritus, externa sacra aut nulla sunt, conluviem istam non nisi metu coercueris. at quidam insontes peribunt. nam et ex fuso exercitu cum decimus quisque fusti feritur, etiam strenui sortiuntur. habet aliquid ex iniquo omne magnum exemplum quod contra singulos utilitate publica rependitur.'" '14.45 Sententiae Cassii ut nemo unus contra ire ausus est, ita dissonae voces respondebant numerum aut aetatem aut sexum ac plurimorum indubiam innocentiam miserantium: praevaluit tamen pars quae supplicium decernebat. sed obtemperari non poterat, conglobata multitudine et saxa ac faces mite. tum Caesar populum edicto increpuit atque omne iter quo damnati ad poenam ducebantur militaribus praesidiis saepsit. censuerat Cingonius Varro ut liberti quoque qui sub eodem tecto fuissent Italia deportarentur. id a principe prohibitum est ne mos antiquus quem misericordia non minuerat per saevitiam intenderetur.'' None
2.79 \xa0As they were skirting, then, the coast of Lycia and Pamphylia, they were met by the squadron convoying Agrippina. On each side the hostility was such that at first they prepared for action: then, owing to their mutual fears, the affair went no further than high words; in the course of which Vibius Marsus summoned Piso to return to Rome and enter his defence. He gave a sarcastic answer that he would be there when the praetor with cognizance of poisoning cases had notified a date to the accusers and accused. Meanwhile, Domitius had landed at the Syrian town of Laodicea. He was making for the winter quarters of the sixth legion, which he thought the best adapted for his revolutionary designs, when he was forestalled by the commanding officer, Pacuvius. Sentius notified Piso of the incident by letter, and warned him to make no attempt upon the camp by his agents or upon the province by his arms. He then collected the men whom he knew to be attached to the memory of Germanicus, â\x80\x94 or, at least, opposed to his enemies, â\x80\x94 impressed upon them the greatness of the emperor and the fact that this was an armed attack on the state, then took the field at the head of a powerful force ready for battle. <
3.12 \xa0On the day the senate met, the Caesar spoke with calculated moderation. "Piso," he said, "had been his father\'s lieutet and friend; and he himself, at the instance of the senate, had assigned him to Germanicus as his coadjutor in the administration of the East. Whether, in that position, he had merely exasperated the youthful prince by perversity and contentiousness, and then betrayed pleasure at his death, or whether he had actually cut short his days by crime, was a question they must determine with open minds. For" (he proceeded) "if the case is one of a subordinate who, after ignoring the limits of his commission and the deference owed to his superior, has exulted over that superior\'s death and my own sorrow, I\xa0shall renounce his friendship, banish him from my house, and redress my grievances as a man without invoking my powers as a sovereign. But if murder comes to light â\x80\x94 and it would call for vengeance, were the victim the meanest of mankind â\x80\x94 then do you see to it that proper requital is made to the children of Germanicus and to us, his parents. At the same time, consider the following points:â\x80\x94 Did Piso\'s treatment of the armies make for disorder and sedition? Did he employ corrupt means to win the favour of the private soldiers? Did he levy war in order to repossess himself of the province? Or are these charges falsehoods, published with enlargements by the accusers; at whose zealous indiscretions I\xa0myself feel some justifiable anger? For what was the object in stripping the corpse naked and exposing it to the degrading contact of the vulgar gaze? Or in diffusing the report â\x80\x94 and among foreigners â\x80\x94 that he fell a victim to poison, if that is an issue still uncertain and in need of scrutiny? True, I\xa0lament my son, and shall lament him always. But far from hampering the defendant in adducing every circumstance which may tend to relieve his innocence or to convict Germanicus of injustice (if injustice there was), I\xa0beseech you that, even though the case is bound up with a personal sorrow of my own, you will not therefore receive the assertion of guilt as a proof of guilt. If kinship or a sense of loyalty has made some of you his advocates, then let each, with all the eloquence and devotion he can command, aid him in his hour of danger. To the accusers I\xa0commend a similar industry, a similar constancy. The only extra-legal concession we shall be found to have made to Germanicus is this, that the inquiry into his death is being held not in the Forum but in the Curia, not before a bench of judges but the senate. Let the rest of the proceedings show the like restraint: let none regard the tears of Drusus, none my own sadness, nor yet any fictions invented to our discredit." <
3.69 \xa0Tiberius approved; but Cornelius Dolabella, to pursue the sycophancy further, proposed, after an attack on Silanus\' character, that no man of scandalous life and bankrupt reputation should be eligible for a province, the decision in such cases to rest with the emperor. "For delinquencies were punished by the law; but how much more merciful to the delinquent, how much better for the provincial, to provide against all irregularities beforehand!" The Caesar spoke in opposition:â\x80\x94 "True, the reports with regard to Silanus were not unknown to him; but judgments could not be based on rumour. Many a man by his conduct in his province had reversed the hopes or fears entertained concerning him: some natures were roused to better things by great position, others became sluggish. It was neither possible for a prince to comprehend everything within his own knowledge, nor desirable that he should be influenced by the intrigues of others. The reason why laws were made retrospective towards the thing done was that things to be were indeterminable. It was on this principle their forefathers had ruled that, if an offence had preceded, punishment should follow; and they must not now overturn a system wisely invented and always observed. Princes had enough of burdens â\x80\x94 enough, even, of power: the rights of the subject shrank as autocracy grew; and, where it was possible to proceed by form of law, it was a mistake to employ the fiat of the sovereign." This democratic doctrines were hailed with a pleasure answering to their rarity on the lips of Tiberius. He himself, tactful and moderate when not swayed by personal anger, added that "Gyarus was a bleak and uninhabited island. Out of consideration for the Junian house and for a man once their peer, they might allow him to retire to Cythnus instead. This was also the desire of Silanus\' sister Torquata, a Vestal of old-world saintliness." The proposal was adopted without discussion. <' "
4.22 \xa0About this time, the praetor Plautius Silvanus, for reasons not ascertained, flung his wife Apronia out of the window, and, when brought before the emperor by his father-inâ\x80\x91law, Lucius Apronius, gave an incoherent reply to the effect that he had himself been fast asleep and was therefore ignorant of the facts; his wife, he thought, must have committed suicide. Without any hesitation, Tiberius went straight to the house and examined the bedroom, in which traces were visible of resistance offered and force employed. He referred the case to the senate, and a judicial committee had been formed, when Silvanus' grandmother Urgulania sent her descendant a dagger. In view of Augusta's friendship with Urgulania, the action was considered as equivalent to a hint from the emperor: the accused, after a fruitless attempt with the weapon, arranged for his arteries to be opened. Shortly afterwards, his first wife Numantina, charged with procuring the insanity of her husband by spells and philtres, was adjudged innocent." 13.4 \xa0However, when the mockeries of sorrow had been carried to their close, he entered the curia; and, after an opening reference to the authority of the Fathers and the uimity of the army, stated that "he had before him advice and examples pointing him to an admirable system of government. Nor had his youth been poisoned by civil war or family strife: he brought to his task no hatreds, no wrongs, no desire for vengeance. He then outlined the character of the coming principate, the points which had provoked recent and intense dissatisfaction being specially discounteced:â\x80\x94 "He would not constitute himself a judge of all cases, secluding accusers and defendants within the same four walls and allowing the influence of a\xa0few individuals to run riot. Under his roof would be no venality, no loophole for intrigue: the palace and the state would be things separate. Let the senate retain its old prerogatives! Let Italy and the public provinces take their stand before the judgement-seats of the consuls, and let the consuls grant them access to the Fathers: for the armies delegated to his charge he would himself be responsible." <
14.42 \xa0Shortly afterwards, the city prefect, Pedanius Secundus, was murdered by one of his own slaves; either because he had been refused emancipation after Pedanius had agreed to the price, or because he had contracted a passion for a catamite, and declined to tolerate the rivalry of his owner. Be that as it may, when the whole of the domestics who had been resident under the same roof ought, in accordance with the old custom, to have been led to execution, the rapid assembly of the populace, bent on protecting so many innocent lives, brought matters to the point of sedition, and the senate house was besieged. Even within its walls there was a party which protested against excessive harshness, though most members held that no change was advisable. Gaius Cassius, one of the majority, when his turn to speak arrived, argued in the following strain:â\x80\x94 < 14.43 \xa0"I\xa0have frequently, Conscript Fathers, made one of this body, when demands were being presented for new senatorial decrees in contravention of the principles and the legislation of our fathers. And from me there came no opposition â\x80\x94 not because I\xa0doubted that, whatever the issue, the provision made for it in the past was the better conceived and the more correct, and that, where revision took place, the alteration was for the worse; but because I\xa0had no wish to seem to be exalting my own branch of study by an overstrained affection for ancient usage. At the same time, I\xa0considered that what little influence I\xa0may possess ought not to be frittered away in perpetual expressions of dissent: I\xa0preferred it to remain intact for an hour when the state had need of advice. And that hour is come toâ\x80\x91day, when an ex-consul has been done to death in his own home by the treason of a slave â\x80\x94 treason which none hindered or revealed, though as yet no attacks had shaken the senatorial decree which threatened the entire household with execution. By all means vote impunity! But whom shall his rank defend, when rank has not availed the prefect of Rome? Whom shall the number of his slaves protect, when four hundred could not shield Pedanius Secundus? Who shall find help in his domestics, when even fear for themselves cannot make them note our dangers? Or â\x80\x94 as some can feign without a blush â\x80\x94 did the killer avenge his personal wrongs because the contract touched his patrimony, or because he was losing a slave from his family establishment? Let us go the full way and pronounce the owner justly slain! < 14.44 \xa0"Is it your pleasure to muster arguments upon a point which has been considered by wiser minds than ours? But even if we had now for the first time to frame a decision, do you believe that a slave took the resolution of killing his master without an ominous phrase escaping him, without one word uttered in rashness? Assume, however, that he kept his counsel, that he procured his weapon in an unsuspecting household. Could he pass the watch, carry in his light, and perpetrate his murder without the knowledge of a soul? A\xa0crime has many antecedent symptoms. So long as our slaves disclose them, we may live solitary amid their numbers, secure amid their anxieties, and finally â\x80\x94 if die we must â\x80\x94 certain of our vengeance amid the guilty crowd. To our ancestors the temper of their slaves was always suspect, even when they were born on the same estate or under the same roof, and drew in affection for their owners with their earliest breath. But now that our households comprise nations â\x80\x94 with customs the reverse of our own, with foreign cults or with none, you will never coerce such a medley of humanity except by terror. â\x80\x94 \'But some innocent lives will be lost!\' â\x80\x94 Even so; for when every tenth man of the routed army drops beneath the club, the lot falls on the brave as well. All great examples carry with them something of injustice â\x80\x94 injustice compensated, as against individual suffering, by the advantage of the community." < 14.45 \xa0While no one member ventured to controvert the opinion of Cassius, he was answered by a din of voices, expressing pity for the numbers, the age, or the sex of the victims, and for the undoubted innocence of the majority. In spite of all, the party advocating execution prevailed; but the decision could not be complied with, as a dense crowd gathered and threatened to resort to stones and firebrands. The Caesar then reprimanded the populace by edict, and lined the whole length of road, by which the condemned were being marched to punishment, with detachments of soldiers. Cingonius Varro had moved that even the freedmen, who had been present under the same roof, should be deported from Italy. The measure was vetoed by the emperor, lest gratuitous cruelty should aggravate a primitive custom which mercy had failed to temper. <'' None
|10. Pliny The Younger, Letters, 7.6, 10.78-10.79, 10.96-10.97 (2nd cent. CE - 2nd cent. CE)
Tagged with subjects: • Domitian,, jurisdiction • Jurisdiction • Roman Empire, capital jurisdiction • Trajan,, jurisdiction • emperor,, jurisdiction • jurisdiction
Found in books: Bickerman and Tropper (2007), Studies in Jewish and Christian History, 743, 744; Czajkowski et al. (2020), Vitruvian Man: Rome under Construction, 25, 192, 198, 200; Talbert (1984), The Senate of Imperial Rome, 476; Tuori (2016), The Emperor of Law: The Emergence of Roman Imperial Adjudication<, 161, 162, 187, 189, 192
7.6 To Macrinus. The suit against Varenus has come to an unusual and remarkable conclusion, and the issue is even now open to doubt. People say that the Bithynians have withdrawn their accusation against him, on the ground that they entered upon it without adequate proofs. That, I repeat, is what people are saying. However, the legate of the province is in Rome, and he has laid the decree of the Council before Caesar, before many of the leading men here, and even before us who are acting for Varenus. None the less our friend Magnus, as usual, persists in his opposition, and he still keeps worrying that estimable man Nigrinus. He pressed the consuls, through Nigrinus, to force Varenus to produce his official accounts. I was standing by Varenus in a friendly way, and had made up my mind to say nothing, for nothing would have damaged his prospects so much as for me, who had been appointed by the senate to act on his behalf, to begin defending him, as though he were on his trial, when the great thing was to prevent him being put on his trial at all. However, when Nigrinus had concluded his demand, and the consuls looked towards me to say something, I remarked In one instance, a mother who had lost her son - for there is no reason why I should not recall some of my old cases, though this was not my motive in writing this letter - accused his freedmen - who were also co-heirs to the estate - of having forged the will and poisoned their master. She brought the matter to the notice of the Emperor, and obtained permission for Julius Servianus to act as judge. I defended the accused in a crowded court, for the case was a regular cause célèbre, and there were the best counsel of the day engaged on both sides. The hearing was decided by the evidence of the slaves, who were submitted to torture, and their answers were in favour of the accused. Subsequently, the mother appealed to the Emperor, declaring that she had discovered fresh proofs. Suburanus was instructed to give her a hearing again, provided that she brought forward new evidence. Julius Africanus appeared for the mother - a grandson of the orator of whom Passienus Crispus said after listening to his speech It has been much the same in the present case, and my policy in saying just what I did on behalf of Varenus and nothing more has been greatly approved. The consuls, as Polyaenus desired, have left the Emperor an entirely free hand, and I am waiting for him to hear the case, with much anxiety; for, when he does, the issue of the day will either free us, who are on Varenus's side, from all trouble and make our minds perfectly easy, or it will entail our setting to work again and a new period of anxious worry. Farewell. " " None