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Front Page arrow Titles (by Subject) arrow Sect. I.: The antient Purpose of that Law; the Politics of Augustus in stretching it. - The Works of Tacitus, vol. 1 - Gordon's Discourses, Annals (Books 1-3)

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Subject Area: Political Theory
Subject Area: History

Sect. I.: The antient Purpose of that Law; the Politics of Augustus in stretching it. - Publius Cornelius Tacitus, The Works of Tacitus, vol. 1 - Gordon’s Discourses, Annals (Books 1-3) [120 AD]

Edition used:

The Works of Tacitus. In Four Volumes. To which are prefixed, Political Discourses upon that Author by Thomas Gordon. The Second Edition, corrected. (London: T. Woodward and J. Peele, 1737). Vol. 1.

Part of: The Works of Tacitus, 4 vols.

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Sect. I.

The antient Purpose of that Law; the Politics ofAugustusin stretching it.

I Proceed now to shew by what Arts and Supports the Tyranny was preserved and exerted; how the old Laws, especially that of Treason, were perverted, and to explain the instrumenta regni. “This Law, says Tacitus, in the days of our Ancestors, had indeed the same Name, but implied different arraignments and crimes, namely those against the State; as when an army was betrayed abroad, when seditions were raised at home; in short, when the public was faithlesly administered, and the Majesty of the Roman People was debased. These were Actions; and Actions were punished, but Words were free. Augustus was the first who brought Libels under the penalties of this wrested Law a .”

In that sense of this Law (and doubtless it is the true sense) the Emperors were the criminals; they who had enslaved Senate and People, usurped and destroyed the State. But they had got the Power of interpreting Laws, or of directing those who did, and consequently were become the Law-makers. As Laws observed had defended Liberty; Laws wrested secured the Usurpers. Hence the old Law of Treason was degraded and perverted to involve in its penalties the Authors of Lampoons and Pasquinades. This Law of Majesty was so much and so long prostituted and abused; so much bloodshed and oppression was committed by the succeeding Emperors under its name, that at last every sentence and punishment, however just, which was pronounced by virtue of it, was thought unlawful and cruel; so that out of detestation to this abused Law, many other good Laws perished.

Doubtless Reputation is a tender thing, and ought no more to be violated than property or life; and they who attack and blacken it, are as vile Offenders as they who rob and steal. But there was no better pretence for making it treasonable, than for construing any other offence against particulars, to be an offence against the public. In truth, Augustus could have no other view in this, than the suppressing of that Freedom of Speech which was an effect of the freedom of the antient Government, and inconsistent with his Usurpation. When words were made Treason, it was time to be wary of one’s expressions; especially when the construction of them was merely arbitrary, and the Law that made them so, was utterly silent about them, there remained no sort of rule to know when they were otherwise; nor had he who was to be judge any rule but his own suspicion, anger and partiality. For every word, for every action, men were involved in process for Treason, provided there appeared but an informer to charge him, and call it so.

It is to no purpose to say that Augustus sometimes overlooked or pardoned invectives against himself. It was all grimace and false generosity; since, after this Law was so terribly inverted, there was little likelihood that men would run such capital risques. If contumelies upon private persons were high Treason, what must it be to meddle with the Prince or his Administration? He took care of himself without seeming to do so; he found his own sanctuary in providing one for others; and regulations made for his own defence and gratification, had an appearance of a spirit altogether public and disinterested. But it was a downright insult upon the sense of mankind, to convert a petulant imagination and a few wanton words, into a crime against the State. He who exposed the gallantries of a Lady of Quality, or the faults and foibles of a Patrician, was, forsooth, deemed to bear hostile purposes against the Commonwealth: for this is the construction of Treason by the Lawyers. Yet Augustus himself had made obscene Libels, particularly upon Fulvia the wife of Anthony. This multiplying of Treasons from Words and Writings, had a melancholy aspect; for, besides that Treasons multiplied are the bulwarks and engines of Tyranny; looks at last became treasonable, as did natural sympathy and sorrow, nay, sighs and silence.

Augustus was cunning enough to know the advantages of Treasons multiplied to his own domination, and wrested adultery also into a crime of State. His daughter and her daughter were prostitutes, and all their gallants, according to this merciful Monarch, were Traytors, and because these sort of Traytors were very numerous, as well as considerable for quality and credit, he had here a good pretence to get rid of many considerable Romans, who gave him uneasiness and jealousy. With death or banishment therefore he punished their gallants. For to a crime common between men and women, he gave the grievous name of Treason and Sacrilege, and trod upon the moderation of Antiquity. Nor was this sort of Treason limited to the Reigning House and the blood of the Cæsars; it was universal, and every Adulterer was a Traytor; by which he made himself the greatest Traytor in Rome, as he was the most universal Adulterer; nor were his own severe Laws any check upon him, no more than the sacred ties of friendship; for he spared not the wife of his own Favourite, and faithful Counsellor Mæcenas. This was not extreme prudence in so great a Politician, to be daily violating institutions of his own making, especially when by the rigour of the penalties, and the formidable name which he had given to the crime, he had shewn how important and unpardonable he thought it; unless, like the Princes of Italy in Machiavel’s time, he broke penal Laws, to encourage others to do so, on purpose to ensnare delinquents, and gain confiscations.

[a ]Legem Majestatis reduxerat (Tiberius); cui nomen apud veteres idem, sed alia in judicium veniebant: si quis proditione exercitum, aut plebem seditionibus, denique male gesta Repub. Majestatem populi Romani minuisset. Facta arguebantur, dicta impune erant. Primus Augustus cognitionem de famosis libellis, specie legis ejus tractavit.