95 



But the interference of the Emperor in the administration of the 

 law would have been the reverse of beneficial, if his principles of 

 justice had not been purer than those prevailing in the ordinary 

 tribunals, or if his sentiments had not been supported by soundness of 

 judgment and firmness of will, From one passage of Tacitus it would 

 appear, that Tiberius took such an interest in legal matters, because he 

 had a taste for criminal prosecutions.'' But that imputation is merely 

 a rhetorical phrase intended to spice his declamations against Tiberius. 

 We must appeal frcm the rhetorician Tacitus, to Tacitus the historian, 

 and the latter informs us, that in all but the ^trials for treason the 

 administration of justice was equitable under this Emperor.-"^ This is 

 a very important admission, especially, if we reflect, from whom it comes. 

 It is fully corroborated by numerous statements of Tacitus himself and 

 other historians, which it would be tedious to quote. 



One feature more particularly distinguished the Emperor "s love of 

 justice. It was this, that whilst unrelentingly severe to all those, who 

 had ofiended against the common weal, and exerting all his influence to 

 bring them to justice, he avoided using the influence of his authority 

 in cases of litigation, where he was himself directly concerned," and 

 was generous and forgiving to those, who ofi'ended him personally.-" 

 This forbearance he showed especially in the frequent cases of libellous 

 aspersions, to which his unpopularity continually exposed him. (Tac. 

 Ann. vi. 5, 0, 7.) Only on one occasion he seemed exasperated, 

 and punished the offender with exile (Tac. Ann. iv. 42); all other 

 accusations of this land, which were numerous, he quashed, and it is 

 surprising, that they should have been so often repeated. 



In the passage above quoted from Tacitus, in which the administra- 

 tion of justice under Tiberius is praised in general terms, one impor- 

 tant exception is made, which goes far to nullify the merit of the rule. 

 This exception has reference to the crime of High Treason. We 

 can easily imagine even a cruel tyrant to allow justice in all civil and 

 criminal matters to have free course, and yet to defy all its principles, 

 as soon as his political interest seems to require it. Such perversion 

 of justice for political purposes is more particularly Hkely to occur in 



" Tac. Annal. 1, 76. Nee patrum cognitiouibus satiaius judiciis adsi<lebat. 



" At least up to the period when the influence of Sejanns hecanie paxamount. Tac. 

 Aonal. ir. 6, Leges, si majesiatis quicstio eximeretur, bono in usu. 



" Tac. Ann. iv. 7. Siquondo cum privatis disceplaret, forum et jus. 



*" Tac. Ann. ii. 50. In sc jacta nolle ad cognitionem vocari. lb. iv. 31. C. Cominium, 

 probrosi in se carmiuis convictum, Caesar precibus fratris, qui Senator erat, concessit. 

 Sueton. Tib. 28. Sed adversus convicia malosque rcmores el famosa de se ac suis carniina 

 fjrinus ac patiens, &c After reading tuch testimony it is surprising to find Tacitus 

 contradicting himself. Annal. i 72. Cu. Hunc quoque (Tiberium) aspcravcre carmina in 

 niL'viliam suporbiauiqtic cius et di.>;cordem cum matrc aniirum. 



