No historian who understands the affairs of the world in general, and the story of the first century of the empire in particular, will attribute to ferocity or to the tyrannical spirit of Tiberius the increasingly harsh application of the Lex de majestate which followed the death of Germanicus and the trial of Piso. This harshness was the natural reaction against the delirium of atrocious calumnies against Tiberius which raged in the aristocracy of that time and especially in the house of Agrippina. For she, in spite of the undeniably virtuous character of her private life, was influenced by friends who, for motives of political advancement took advantage of her passions and inexperience.
Too credulous of Tacitus, many writers have severely characterized the facility and the severity with which the senate condemned those accused under the Lex de majestate: they consider it an indication of ignoble servility toward the emperor. Yet we know very well that the Roman senate at that time was not composed merely of adulators and hirelings; it still included many men of intelligence and character. We can explain this severity only by admitting that there were many persons in the senate who judged that the emperor could not be left defenseless against the wild slanders of the great families, since these extravagant and insidious calumnies compromised not only the prestige and the fame of the ruler, but also the tranquillity, the power, and the integrity of the empire. Undoubtedly the Lex de majestate did give rise in time to false accusations, to private reprisals, and to unjust sentences of condemnation. Although it had been devised to defend the prestige of the state in the person of the magistrates who represented it, the law was frequently invoked by senators who wished to vent their fiercest personal hatreds. Nor can it be denied that cupidity was the cause of many iniquitous calumnies directed against wealthy persons whose fortunes were coveted by their accusers. Yet we must go slow in accusing Tiberius of these excesses. Tacitus himself, who was averse to the emperor, recounts several incidents which show him in the act of intervening in trials of high treason for the benefit of the accused precisely for the purpose of hindering these excesses of private vengeance. The accounts which we have of many other trials are so brief and so biased that it is not fair for us to hazard a judgment.
We do know, however, that after the death of Germanicus there was formed at Rome, in the imperial family and the senate, a party of Agrippina, which began an implacable war upon Tiberius, and that Tiberius, the so-called tyrant, was at the beginning very weak, undecided, and vacillating in his resistance to this new opposition. His opponents did not spare his person; they did their best to spread the belief that the emperor was a poisoner, and persecuted him relentlessly with this calumny; they were already pushing forward Nero, the first-born