Treason (Maiestas) Trials: The "Reign of Terror"

Definitions
Treason trials form a particularly sinister part of Tacitus' account of the reign of Tiberius - his purpose being to highlight the gradual degeneration of his reign into tyranny

Maiestas - Tacitus 1.72
Treason was a long-established crime under Roman law, but it's definition was never precise

• Cicero - "an attack on the dignity and greatness of the Roman people"
• Tacitus - "official misconduct damaging the Roman state, such as the betrayal of an army or the incitement to sedition"
  Augustus - an offence or affront to the Princeps, though his definition was rarely enforced

"My purpose is not to relate at length every motion, but only such as were conspicuous for excellence or notorious for infamy. This I regard as history's highest function, to let no worthy action be un-commemorated, and to hold out the reprobation of posterity as a terror to evil words and deeds. So corrupted indeed and debased was that age by sycophancy that not only the foremost citizens who were forced to save their grandeur by servility, but every ex-consul, most of the ex-praetors and a host of inferior senators would rise in eager rivalry to propose shameful and preposterous motions. Tradition says that Tiberius as often as he left the Senate-House used to exclaim in Greek "How ready these men are to be slaves". Clearly, even he, with his dislike of public freedom, was disgusted at the abject abasement of his creatures"

Tacitus 3.69

Rationale of Tiberius

Lack of Precedent

When in AD 15, Tiberius was asked by a praetor, Q. Pompeius Macer, whether 'cases under treason law were to receive attention', he replied 'the laws must take their course'

However, no precedent had been set by Augustus, and so most of what happened were "test cases" where the law was gradually refined

The Effects of Sejanus' Coup

Sejanus' coup had undoubtedly psychologically affected Tiberius, who "became a cruel tyrant, as well a an abettor of cruelty in others"

Delatores (Informers)

• Rome has no public prosecutor, and so information was brought to the courts and the emperor by individuals
• Only individuals of the same class could bring cases against one-another with any genuine hope of succeeding, and so Senators themselves made up this group in Roman society
• Maiestas was considered a serious crime, and so prosecutions were handled by the Senate and Princeps, who acted as a "high court" for the most serious crimes in Ancient Rome
• If a charge of treason brought forward by a delator was upheld, they were awarded at least one-quarter of the guilty parties' property, whilst the remaining three-quarters went into the imperial treasury

Problems

• Delatores were encouraged to lie and manufacture evidence
• Allowed Senators to eliminate their rivals
• A Senator could make a pretty lucrative career out of delator-ing

"Reign of Terror"?

• Tacitus attempted to conjure in the minds of his readers an impression that the number and frequency of treason trials increased as Tiberius' reign progressed
• He builds up a picture of continuous prosecutions culminating in a "reign of terror"
• However, careful examination of Tacitus' account reveals that over a 23 year reign no more than 52 individuals were charged with treason, with only 12 being put to death and Tiberius only ordering the deaths of 8. Four of these eight were later found to have been innocent
• There are also numerous incidences of Tiberius intervening when he thought accusations were nonsensical or unfair, and often lessened the severity of sentences
• However, Tiberius does deserve blame for failing to define the parameters of maiestas or for checking the excessive activities of the delatores

So why the hate, Tacitus?

• Tacitus was a Roman Senator himself, who survived the reign of the cruel and paranoid Domitian
• After decades of dormant maiestas abuse, Domitian reintroduced the laws, using the precedent set by the rampant exploitation of the delatores during Tiberius' reign to institute a new reign of terror
• Since the Senate acted as the judge and jury for cases of maiestas, Tacitus himself would have been forced into condemning friends and colleagues to death on the behest of the emperor
• Likely, Tacitus blames Tiberius for failing to put a stop to the abuse of maiestas that ultimately caused misery and death for his own colleagues

Individual(s)	Source	Accusations	Outcome
Tacfarinas	Tacitus, 2.52 (pp 15)	Led a rebellion of deserters from Numidia in the province of Africa He originally served in the Roman army, but deserted He evaded capture by using guerrilla war tactics for 9 years straight He wrote a letter to Tiberius asking for land grants and independence from Rome	4 successive governors tried to subdue the revolt, 3 failed Blaesus offered an amnesty to Tacifarinas’ men, and subdued the rest of his army by force Dolabella, the last governor, successfully orchestrated an early morning attack that took Tacifarinas by surprise – Tacifarinas was killed in the fighting
Lucius Ennius	Tacitus 3.70 (pp 19)	An Equestrian – he melted down a silver statue of Tiberius and made it into a plate	Tiberius used his tribunician power to veto and block the trial. One of the censors, Capito, uncharacteristically urged Tiberius to reconsider his position, but Tiberius did not change his mind
Sosia	Tacitus 4.20 (pp 20)	Wife of Caius Silius, whose love of Agrippina mate her hated by the emperor. Silius was proconsul of Gaul, and was recalled under charge of extortion – for “it was characteristic of Tiberius to veil new devices in wickedness under ancient names” [Tacitus 4.19]	Sosia was banished. It was proposed that half her estate be given to the state and half to her children Another Senator proposed a quarter to the state and the rest to her children – this was the final outcome A new law was passed – innocent governors could be tried for their wives’ misdemeanours when in an official capacity
Vibius Serenus	Tacitus 4.30 (pp 21)	Vibius Serenus, proconsul of Further Spain, was condemned for violence in his official capacity, and was banished to the island of Amorgus for his savage temper. Serenus, Tacitus claims, had also earned the emperor’s ire for sending Tiberius a damning letter criticising him for not being rewarded for his efforts in a previous treason trial (where he was a delator)	“Ordered to end his own life by his own hands” This took place before his trial A new suggestion passed – that those who took their own life before the trial ended would not lose their property, but Tiberius defended the informers (“Guardians of the Commonwealth”) and annulled the proposal
Comminius Suilius Catus	Tacitus 4.31 (pp 21)	Convicted of writing libellous verses Accused of receiving money for a judicial decision False charge of treason	Tiberius vetoed it He was banished from Italy and exiled to an island Tiberius agreed with his removal from the Senate, but did not agree with a punishment of exile
Considius Proculus and Sancia Pompeia Macrina	Tacitus 6.18 (pp 23)	Worshipping Pompey the Great, an enemy of Julius Caesar Her husband and father-in-law had been condemned for treason – she was accused of being an accomplice	Considius Procolus was put to death and his sister was outlawed Exiled
Sextus Marius The Associates of Sejanus	Tacitus 6.19 (pp 23)	Incest with his daughter Associating with Sejanus	Thrown headlong from the Tarpeian Roack – Tiberius kept all of his gold mines in Spain, though they were given over to the state. Any who were imprisoned were killed and left in heaps in the Forum – Velleius Paterculus may have been one of the victims
Paulus	Seneca, 3.26-12 (t1, pp 104)	Held a chamber pot whilst wearing a ring with Tiberius on it	Turns out one of his slaves had nicked the ring so he was found innocent
Drusus Libo Florus Julius	Velleius Paterculus (C5, pp 95)	“Ungrateful revolutionary” – suggests some sort of rebellion   “Ferocious revolt”	Tiberius acted as one of the Senatorial jurors in his trial

Sejanus: Would-be Emperor

Background

• After the death of Germanicus, Tiberius planned to promote his own son, Drusus, to secure the succession for him
• In 21 AD Drusus became consul for the second time, and in the following year he was granted the tribunician authority
• This not only embittered the faction loyal to Germanicus, but did not suit the plans of the capable prefect of the Praetorian Guard, L. Aelius Sejanus, who had become Tiberius' trusted advisor
• Sejanus had been joint commander of the Guard with his father, and had served Augustus; he had accompanied Drusus to Pannonia during the revolts of AD 14, and from AD 17 he was sole prefect of the Guard
• According to Tacitus he was the only one to whom Tiberius could speak "freely and unguardedly", and Tiberius referred to him as "the partner of my labours"

Intrigues

• However, Sejanus "concealed behind a carefully modest exterior an unbounded lust for power", and he had already taken some steps to realise his ambitions

Activity

Tacitus, 4.1-3

Cassius Dio: A3

What methods did Sejanus use to increase his power in Rome?

• Tacitus - Sejanus grasped at power by "daring wickedness"
• "Attached himself" when he was young to Caius Caesar (Augustus' grandson)
• Apparently he sold his body to a rich older man when he was young
• He "concentrated" the cohorts into one camp - "so that they might all receive orders at the same moment...while it would strike terror into the citizens"
• He won the favour of the soldiers and "sought to ingratiate himself" to the Senate
• He seduced Livia (Drusus' wife), even divorcing his own wife so she wouldn't be jealous
• It is probable (although not proven) that Drusus died because Livia poisoned him (she was most probably encouraged to do so by Sejanus)
• Cassius Dio - He won over the Praetorian Guard and gained the favour of the Senators through "benefactions", "hopes he inspired" and "intimidation"
• He won over all of Tiberius' close associates until they "reported to him absolutely everything" Tiberius did, whilst telling Tiberius nothing

Family Intrigues

• The main obstacle to Sejanus' power were other members of the imperial family, most notably Tiberius' son, Drusus
• Sejanus planned to remove these individuals at intervals. It appears that Livilla, Drusus' unprincipled wife, was seduced by Sejanus and promised marriage and the throne if she poisoned her husband
• Drusus died suddenly in 23 AD, and Tiberius never really recovered from his grief at this death
• According to Tacitus, this was a turning point in the reign of Tiberius, as he became more morose and came to depend on Sejanus to an even greater extent
• "Suddenly fortune deranged everything; the emperor became a cruel tyrant, as well a an abettor of cruelty in others" - Tacitus

Imperial Women

• Sejanus was now at the centre of court intrigue since the imperial widows, Livia, Livilla and Agrippina, were jealous of each other, each constantly planning to undermine the others
• Livia sided with Livilla against the bitter and outspoken Agrippina, who did not hide her hatred for Tiberius, whom she blamed for Germanicus' death. Agrippina also attempted to advance the interests of her own sons
• When it became apparent that these great-grandchildren of Augustus were in line to succeed Tiberius, Sejanus planned to undermine the influence of their mother by playing off Livia and Livilla against her. "These ladies were to notify Tiberius that Agrippina, proud of her large family and relying on her popularity, had designs on the throne"

Failed Marriage Attempt

• Tired of Agrippina's outspokenness and urged on by Sejanus, Tiberius was determined to crush Agrippina's 'party' and there were many changes brought by the delatores (informers) against her friends and supporters
• Sejanus thought that marriage to Livilla, Drusus' widow, would help secure his position within the succession. He appealed to Tiberius
• This was the first motive of his ambition. If a husband were sought for Livilla, he hoped Tiberius would bear in mind a friend who would find his reward simply in the glory of the alliance (Tacitus)
• Tiberius however rejected the proposal. He believed that such a marriage would intensify Agrippina's ill feeling and would split the imperial house in two, since the two widows were already rivals and his grandsons were torn between them. He also pointed out that it would create jealousy among the more distinguished men in the senate. However, he later allowed Sejanus to become betrothed to Livilla's daughter

Tiberius' retirement to Capri

• Tiberius now made a serious mistake. Weary of the plotting factions and the hostility at court, he retired to the island of Capri
• Tacitus says that this was done on the urging of Sejanus who 'foresaw many advantages in this'
• "He himself would control access to to the Emperor - as well as most of his correspondence, since it would be transmitted by the Guardsmen" and he felt that the aging monarch "who was already in the decline of life, would soon, when enervated by retirement, more readily transfer to him the functions of the empire"
• An incident which further increased Sejanus' power over Tiberius occurred at this time; Tiberius, Sejanus and a number of servants were dining in a natural cavern when a rock-fall threatened the emperor's life and, it is said, Sejanus protected Tiberius from the falling boulders. From that time, 'Tiberius believed him disinterested and listened trustingly to his advice, however disastrous'

The Position of Sejanus, AD 29-31

• However it was not until the death of Livia (the Augusta) in 29 that Sejanus became conspicuous with his power. According to Tacitus "While the Augusta had lived there wa still a moderating influence, for Tiberius had retained a deep-seated deference for his mother. Sejanus, too, had not ventured to outbid her parental authority"
• The position of Sejanus now appeared secure. He had control of the Praetorian Guard and the senate, was engaged to the granddaughter of Tiberius, was granted proconsular imperium and was honoured with statues and Games

What evidence is there to suggest Sejanus "appeared to be emperor" instead of Tiberius?

Tacitus 4.74 pp.22

• Altars dedicated to Sejanus, statues built in his honour
• "Fear gripped the Senators and so they resorted to sycophancy" - not exact quote

Cassius Dio A4 pp.43

• "He appeared emperor" while Tiberius was an "offshore monarch"
• People "flocked" to Sejanus' door, and waited outside his house "lest they are seen to be absent"

Sejanus' Downfall

• However, despite Sejanus' political manoeuvring, Tiberius still did not consider him the heir apparent
• When it became apparent that Tiberius was promoting Gaius (Caligula), the youngest son of Agrippina, Sejanus plotted to kill him
• Tiberius was warned by Antonia (mother of Germanicus) of the plot, and so carefully arranged Sejanus' downfall

Using Cassius Dio, A5, A7 (pp.44)

1. Outline: what steps did Tiberius take to remove Sejanus from power?
• He acted like he knew nothing
• He sent letters 
• Tiberius sent Sejanus regular letters, in which he claimed he was on his death bed, and then claimed he was on his way to Rome. He also switched between praising and condemning Sejanus in these letters, sending him mixed messages - "he would lavish praise upon Sejanus, and then would utterly denounce him"
• Kept Sejanus paranoid and confused
• The Senate began to distance itself from Sejanus
• Tiberius secretly replaced Sejanus with Macro as the head of the Praetorian Guard
• Macro communicates Tiberius' plan to the Consul Regulus
• Macro sent the Praetorians to their camp so they weren't protecting Sejanus, and replaced them with vigiles (night-watch)
• Vigiles surrounded the Temple where the Senate were to meet
• Tiberius circulated a rumour that Sejanus was to be given tribunician power and lured Sejanus to the meeting
• When the letter (that Sejanus thought would give him tribunician power), was read, it first dealt with other matters (to avoid chaos), and then denounced Sejanus
• Sejanus was arrested - the Senate go from congratulating him to attacking him
• The Senate decreed his execution - he was thrown down some stairs and beaten for three days and then thrown in the river
• All of his statues were destroyed
• His family was executed and his daughter was raped by the public executioner as it was 'improper' for a girl to die a virgin in prison
• Livilla is either put to death by Tiberius or staffed to death by Antonia, her own mother
2. Based on your reading of Sejanus' rise and downfall - how serious a threat do you think he posed to Tiberius as emperor? Justify your conclusion
• I really can't be bothered to do this right now so I'm not going to

Damnatio Memoriae

• In 31, Sejanus was arrested and condemned to death. The Senate issued damnatio memoriae on him. His statues were destroyed and his name obliterated from all public records. There are even some coins, such as coins from Augustus Bilbilis, which have had had the words L. Aelio Seiano erased.

Outcome

• When Sejanus' ex-wife informed Tiberius that Livilla and Sejanus had been responsible for the death of his son, Drusus, Tiberius became even more embittered and suspicious, taking a much harsher attitude to accusations of treason. It is this period which Tacitus refers to as the Reign of Terror
• Although his account is undoubtedly exaggerated, some innocent people did lose their lives as  a result of the increasing accusations made by the despicable delatores
• Tiberius, who remained in Capri until his death in AD 37 at the age of seventy-eight, continued to administer the empire through dispatches but often hesitated in making important decisions, and the senate became even more dependent, and fearful, of him