LXI.
Primi omnium Ephesii adiere, memorantes non, ut vulgus crederet, Dianam atque Apollinem Delo genitos: esse apud se Cenchreum amnem, lucum Ortygiam, ubi Latonam partu gravidam et oleae, quae tum etiam maneat, adnisam edidisse ea numina, deorumque monitu sacratum nemus, atque ipsum illic Apollinem post interfectos Cyclopas Iovis iram vitavisse. mox Liberum patrem, bello victorem, supplicibus Amazonum quae aram insiderant ignovisse. auctam hinc concessu Herculis, cum Lydia poteretur, caerimoniam templo neque Persarum dicione deminutum ius; post Macedonas, dein nos servavisse.
61.
The envoys from Ephesus were the first to come. They contended that Delos was not the birthplace of Diana and Apollo as was generally believed. They said they had in their region the river Cenchreus and the wood of Ortygia: there Latona, in labor at the end of her pregnancy, had given birth to the divine twins while supporting herself against an olive tree, which still existed. By an injunction from heaven the grove became sacred and Apollo himself had there found refuge from the vengeance of Jupiter for slaughtering the Cyclops. Later, father Liber, victorious over the Amazons had spared those of them who had crowded around the altar in the grove, begging for mercy. Afterwards, when Hercules was subjugating Lydia, he gave permission to expand the boundaries of the asylum and during the Persian occupation the sacred character of the place was left untouched. After the Macedonian rule, it was the turn of us Romans to preserve it unchanged.
LXII.
Proximi hos Magnetes L. Scipionis et L. Sullae constitutis nitebantur, quorum ille Antiocho, hic Mithridate pulsis fidem atque virtutem Magnetum decoravere, uti Dianae Leucophrynae perfugium inviolabile foret. Aphrodisienses posthac et Strationicenses dictatoris Caesaris ob vetusta in partis merita et recens divi Augusti decretum adtulere, laudati quod Parthorum inruptionem nihil mutata in populum Romanum constantia pertulissent. sed Aphrodisiensium civitas Veneris, Stratonicensium Iovis et Triviae religionem tuebantur. altius Hierocaesarienses exposuere, Persicam apud se Dianam, delubrum rege Cyro dicatum; et memorabantur Perpennae, Isaurici multaque alia imperatorum nomina qui non modo templo sed duobus milibus passuum eandem sanctitatem tribuerant. exim Cyprii tribus [de] delubris, quorum vetustissimum Paphiae Veneri auctor Aesrias, post filius eius Amathus Veneri Amathusiae et Iovi Salaminio Teucer, Telamonis patris ira profugus, posuissent.
62.
Next to report to Rome were the Magnesian delegates, who tried to demonstrate the validity of the statutes of Lucius Scipio and of Lucius Sulla. After their respective victories over Antiochus and Mithridates, they rewarded the loyalty and valor of this people by declaring the temple of Diana Leucophryne an inviolable asylum. Following the Magnisians, the envoys of Aphrodisia and those of Stratonicea were heard: the first produced a decree issued by the dictator Julius Caesar to thank their city for the service rendered in the past to his party, and the latter another and more recent decree of Augustus in recognition of the constancy of the Stratonicenses in sustaining the violence of the Parthian raids without losing faith in the Roman people. But the two cities differed in their worship, Aphrodisia upholding the cult of Venus, Stratonicea that of Jupiter and Hecate. The claim of Hierocaesarea went further back in time, based on a temple to Persian Diana dedicated during the reign of Cyrus. In support, the delegation cited the names of Perpenna, Isauricus, and several other Roman generals, who had accorded sacred status not only to the temple, but also to the ground surrounding it for a distance of two miles. The envoys from Cyprus, in their turn, defended the rights of three shrines, the most ancient, sacred to the Paphian Venus, being the work of Aerias, the second to the Amathusian Venus and the work of his son Amathus, and the last to Jupiter of Salamis, raised by Teucer after fleeing the displeasure of his father Telamon.
LXIII.
Auditae aliarum quoque civitatium legationem. quorum copia fessi patres, et quia studiis certabatur, consulibus permisere ut perspecto iure, et si qua iniquitas involveretur, rem integram rursum ad senatum referrent. consules super eas civitates quas memoravi apud Pergamum Aesculapii compertum asylum rettulerunt: ceteros obscuris ob vetustatem initiis niti. nam Zmyrnaeos oraculum Apollinis, cuius imperio Stratonicidi Veneri templum dicaverint, Tenios eiusdem carmen referre, quo sacrare Neptuni effigiem aedemque iussi sint. propiora Sardianos: Alexandri victoris id donum. neque minus Milesios Dareo rege niti; set cultus numinum utrisque Dianam aut Apollinem venerandi. petere et Cretenses simulacro divi Augusti. factaque senatus consulta quis multo cum honore modus tamen praescribebatur. iussique ipsis in templis figere aera sacrandam ad memoriam, neu specie religionis in ambitionem delaberentur.
63.
Audience was given also to the ambassadors from other cities, but the senators, exhausted by the number of claims and the heated contention they generated, entrusted the consuls with the screening of the alleged rights of asylum and the referral to the senate of any case where fraud was suspected. In addition to the cities already mentioned, the consuls found that a sanctuary of Aesculapius near Pergamum was also legitimate, but that others rested their validity on obscure beginnings in view of their antiquity. Examples of this were the city of Smyrna, which founded its demands on an oracle of Apollo, on whose orders the temple of Venus Stratonicis had been consecrated, and of Tenos adducing another response from the same god commanding the people to make sacred a statue and a shrine of Neptune. The privilege of Sardis was of more recent date, being attributed to a gift from the invincible Alexander. Similarly, Miletus relied on a concession from Darius. Aside from that, the two cities were devoted the first to the cult of Diana the other to the cult of Apollo. The Cretans sought the same immunity also for a statue of the divine Augustus, so the senate passed a number of resolutions which, though in words very respectful to the cults, still set certain limitations and ordered the postulants to append bronze tablets inside the temples, so as to render inviolable the record of the immunity and prevent abuses under the cloak of religion.
LXIV.
Sub idem tempus Iuliae Augustae valetudo atrox necessitudinem principi fecit festinati in urbem reditus, sincera adhuc inter matrem filiumque concordia sive occultis odiis. neque enim multo ante, cum haud procul theatro Marcelli effigiem divo Augusto Iulia dicaret, Tiberi nomen suo postscripserat, idque ille credebatur ut inferius maiestate principis gravi et dissimulata offensione abdidisse. set tum supplicia dis ludique magni ab senatu decernuntur, quos pontifices et augures et quindecimviri septemviris simul et sodalibus Augustalibus ederent. censuerat L. Apronius ut fetiales quoque iis ludis praesiderent. contra dixit Caesar, distincto sacerdotiorum iure et repetitis exemplis: neque enim umquam fetialibus hoc maiestatis fuisse. ideo Augustalis adiectos quia proprium eius domus sacerdotium esset pro qua vota persolverentur.
64.
A dangerous illness of Livia in those days forced the hasty return of Tiberius to Rome, the relations between mother and son being still harmonious –or their mutual hatred well hidden. Not long before, in fact, when Livia had dedicated a statue of Augustus near the theater of Marcellus, she has placed Tiberius’ name after her own and it was believed that the emperor had kept this affront to his majesty deep in his heart with bitter but secret resentment. In any case, [to ward off the danger of Livia’s infirmity], the senate then decreed supplications to the gods and solemn votive games to be organized by the pontiffs, the augurs, the quindecimvirs together with the septemvirs and the Augustales. Lucius Apronius had proposed that the fetials should preside as well, but Tiberius was against it. In his view their jurisdiction was quite separate from that of other priests, as confirmed by tradition. Never, he said, were the fetials endowed with so much honor and the reason the Augustales had been added was that their fraternity had specific reference to the imperial family, on behalf of which the vows and observances under consideration were being absolved.
LXV.
Exequi sententias haud institui nisi insignis per honestum aut notabili dedecore, quod praecipuum munus annalium reor ne virtutes sileantur utque pravis dictis factisque ex posteritate et infamia metus sit. ceterum tempora illa adeo infecta et adulatione sordida fuere ut non modo primores civitatis, quibus claritudo sua obsequiis protegenda erat, sed omnes consulares, magna pars eorum qui praetura functi multique etiam pedarii senatores certatim exsurgerent foedaque et nimia censerent. memoriae proditur Tiberium, quoties curia egrederetur, Graecis verbis in hunc modum eloqui solitum ‘o homines ad servitutem paratos!’ scilicet etiam illum qui libertatem publicam nollet tam proiectae servientium patientiae taedebat.
65.
It has been my intention to report in detail only those decisions [of the senate] that stand out either for their integrity or their infamy, being persuaded that the main object of history is to ensure that examples of virtue are duly recorded and that for evil pronouncements and deeds the fear of condemnation by posterity be ever present. Those years, however, were infected by such servile flattery that not only the foremost citizens, who had to shield their grandeur by prostrating themselves in humility, but also the consular men, most of the ex-praetors, and even the junior senators rose in concert to outdo each other in advancing indecently adulatory proposals. It was reported that each time Tiberius left the Senate house he would cry out in Greek ‘oh these men, ready only to serve’. Even he, of all people, though he was so set against civil liberty was disgusted by such grovelling subservience befitting slaves only.
LXVI.
Paulatim dehinc ab indecoris ad infesta transgrediebantur. C. Silanum pro consule Asiae repetundarum a sociis postulatum Mamercus Scaurus e consularibus, Iunius Otho praetor, Bruttedius Niger aedilis simul corripiunt obiectantque violatum Augusti numen, spretam Tiberii maiestatem, Mamercus antiqua exempla iaciens, L. Cottam a Scipione Africano, Servium Galbam a Catone censorio, P. Rutilium a M. Scauro accusatos. videlicet Scipio et Cato talia ulciscebantur aut ille Scaurus, quem proavum suum obprobrium maiorum Mamercus infami opera dehonestabat. Iunio Othoni litterarium ludum exercere vetus ars fuit: mox Seiani potentia senator obscura initia impudentibus ausis propolluebat. Bruttedium artibus honestis copiosum et, si rectum iter pergeret, ad clarissima quaeque iturum festinatio extimulabat, dum aequalis, dein superiores, postremo suasmet ipse spes antire parat: quod multos etiam bonos pessum dedit, qui spretis quae tarda cum securitate praematura vel cum exitio properant.
66.
By degrees this undignified docility soon gave way to dogfighting. The proconsul of Asia Gaius Silanus, already accused of embezzlement by the allies, came under attack by the ex-consul Mamercus Scaurus, the praetor Junius Otho, and the aedile Bruttedius Niger. All three latched onto him, charging that he had violated the divinity of Augustus and slighted Tiberius’ majesty. Mamercus brought ancient precedents to bear, such as Scipio Africanus indicting Lucius Cotta; Cato the Censor Servius Galba; and Marcus Scaurus Publius Rutilius, no doubt under the impression that the offences he went after were of the same kind as those avenged by Scipio, Cato, or the celebrated Scaurus, his great-grandfather, whom he, the obloquy of his ancestry, was disgracing with his degenerate pursuits. Junius Otho’s occupation had formerly been to run a grammar school, but thanks to Sejanus’ influence, later became a senator and by his shameless ventures brought disrepute even to his own origins, humble though they were. Bruttedius, who was endowed with great gifts and destined for a great future, had he chosen an honest life, was driven by impatient ambition to surpass first his equals, then those above him, and finally his own dreams. Such eagerness to triumph has been the ruin of many, even among good men, who disdaining slow but secure promotion, rush after premature success and meet with disaster.
LXVII.
Auxere numerum accusatorum Gellius Publicola et M. Paconius, ille quaestor Silani, hic legatus. nec dubium habebatur saevitiae captarumque pecuniarum teneri reum: sed multa adgerebantur etiam insontibus periculosa, cum super tot senatores adversos facundissimis totius Asiae eoque ad accusandum delectis responderet solus et orandi nescius, proprio in metu qui exercitam quoque eloquentiam debilitat, non temperante Tiberio quin premeret voce vultu, eo quod ipse creberrime interrogabat, neque refellere aut eludere dabatur, ac saepe etiam confitendum erat ne frustra quaesivisset. servos quoque Silani ut tormentis interrogarentur actor publicus mancipio acceperat. et ne quis necessariorum iuvaret periclitantem maiestatis crimina subdebantur, vinclum et necessitas silendi. igitur petito paucorum dierum interiectu defensionem sui deseruit, ausis ad Caesarem codicillis quibus invidiam et preces miscuerat.
67.
To the number of the accusers were now added Gellius Publicola and Marcus Paconius, the first Silanus’ quaestor, the other Silanus’ lieutenant. No doubt was had that the proconsul would be found guilty of gross abuse of power and extorsion, but other circumstances combined against him that would intimidate even innocent men. Beside facing outright hostility from many members of the senate, he also had to answer the ablest orators of Asia, specially selected for the purpose by the prosecution. He was alone, ignorant of the art of speaking, a hopeless defendant exposed to grave personal danger, a menace that would blunt the eloquence of the best trained orator. Furthermore, Tiberius did not refrain from unnerving him by his voice and looks, in that he was personally hounding him with a barrage of questions, leaving Silanus no leisure to answer or shun them, in fact forcing him to own up to things just to prevent that the emperor’s queries should go unanswered. Silanus’ slaves, moreover, were sold to a state agent to make their interrogation under torture legal. To keep any of his friends and relatives from coming to Silanus’ aid in his peril, the charges were supplemented by that of treason, effectively sealing all lips. In view of this, Silanus asked for a reprieve of a few days and abandoned his own defence, but not without sending a daring message to Tiberius, containing a mixture of reproaches and prayers.
LXVIII.
Tiberius quae in Silanum parabat quo excusatius sub exemplo acciperentur, libellos divi Augusti de Voleso Messala eiusdem Asiae pro consule factumque in eum senatus consultum recitari iubet. tum L. Pisonem sententiam rogat. ille multum de clementia principis praefatus aqua atque igni Silano interdicendum censuit ipsumque in insulam Gyarum relegandum. eadem ceteri, nisi quod Cn. Lentulus separanda Silani materna bona, quippe Atia parente geniti, reddendaque filio dixit, adnuente Tiberio.
68.
Tiberius, to make the treatment he had in mind for Silanus more acceptable by adducing a precedent, gave orders that the accusations of the divine Augustus against Volesus Messala, also proconsul of Asia, be read in the assembly together with the senate decree issued in that case. He then solicited Lucius Piso for his opinion, who, after a long preamble about the clemency of the emperor, recommended that the defendant be exiled to the island of Gyarus. The rest of the senate followed his example, with the exception of Gnaeus Lentulus’ motion that the share of Silanus’ property inherited from the mother, a member of the Atian house, should be separated from the rest and given back to his son. Tiberius consented.
LXIX.
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.
69.
Cornelius Dolabella, however, pushed adulation to new heights by first pouring fresh abuse on Silanus’ conduct, then proposing that anyone tarnished by a reprehensible and infamous life and reputation, ought not to be considered for the government of a province and that the decision should be in the purview of the prince. He reasoned that the laws punish crimes after they are committed, but that it would be much kinder for the offender and better for the provincials if a way was found to prevent their occurrence. Tiberius disagreed: he said that he had been aware of the rumors that went the rounds about Silanus, but that decisions could not be taken based on gossip. Many governors had run their provinces in a manner quite different from what was expected or feared: the greatness of the office spurred some and stunted others. It was not possible for a prince, he said, to embrace everything with his own knowledge, nor was it a good thing that he be swayed by the selfish designs of others. The laws dealt with past actions because future actions were unpredictable. Their ancestors had so decided that if crimes were perpetrated, penalties must necessarily follow. They should not subvert principles founded on wisdom and always accepted without objection. Rulers already had enough responsibilities as well as enough powers. Laws lost their force whenever absolute power grew and, he concluded, there was no need to have recourse to the emperor’s authority when action was possible under the laws. These egalitarian reflections were received all the more joyously, the more it was rare for Tiberius to express them. He himself, who knew so well how to be lenient when not animated by personal rancor, added that the island of Gyarus was a desolate and hardly habitable place and that the senate ought to allow Silanus to withdraw to Cythnus instead, out of regard both for the Junian family and for a former member of their own order. This was also the desire of Silanus’ sister Torquata, a vestal of pristine virtue. The motion was voted on and passed.
LXX.
Post auditi Cyrenenses et accusante Anchario Prisco Caesius Cordus repetundarum damnatur. L. Ennium equitem Romanum, maiestatis postulatum quod effigiem principis promiscum ad usum argenti vertisset, recipi Caesar inter reos vetuit, palam aspernante Ateio Capitone quasi per libertatem. non enim debere eripi patribus vim statuendi neque tantum maleficium impune habendum. sane lentus in suo dolore esset: rei publicae iniurias ne largiretur. intellexit haec Tiberius, ut erant magis quam ut dicebantur, perstititque intercedere. Capito insignitior infamia fuit quod humani divinique iuris sciens egregium publicum et bonas domi artes dehonestavisset.
70.
The people of Cyrene were next granted a hearing and Caesius Cordus was found guilty of malversation, the accuser being Ancharius Priscus. A Roman knight, Lucius Ennius, was indicted for treason for having converted a statue of Tiberius into various objects of silver for domestic use. The emperor refused to have him tried, but Ateius Capito expressly disapproved, as if in defense of liberty. The senate, he objected, must not be stripped of its power of decision and leave unpunished so monstruous an offence. That Caesar might be indulgent in wrongs done to him was one thing, but crimes against the state were not to be tolerated. Tiberius saw clearly the servile intent behind Capito’s words and persisted in his refusal to try the case. As to Capito, his abasement was all the more regrettable in that he was a recognized authority in civil and religious law, but his toadying brought disrepute to a distinguished public career and even to his otherwise good personal qualities.