Again, to suppose that all the Jews were banished by Tiberius involves
an assumption as to that emperor’s methods wholly at variance with what
we know of him. A very large number of Jewish residents in Rome were
Roman citizens (Philo, 569 M), and so far from being a meaningless
distinction in the early empire, that term through the influence of the
rising science of jurisprudence was, in fact, just beginning to have its
meaning and implications defined. A wholesale expulsion of Roman
citizens by either an administrative act or a senatusconsultum is
unthinkable under Tiberius. Exile, in the form of relegation or
expulsion, was a well-known penalty for crime after due trial and
conviction, which in every instance would have to be individual. Even in
the Tacitean caricature[334] we find evidence of the strict legality
with which Tiberius acted on all occasions. No senatusconsultum could
have decreed a general banishment for all Jews, whether Roman citizens
or not, without contravening the fundamental principles of the Roman
law.
How thoroughly confused the transmission of this incident had become in
the accounts we possess, is indicated in the final sentence from
Suetonius: “He ordered them out of the city, under the penalty of being
permanently enslaved if they disobeyed.” The very term _perpetua
servitus_, as though there were a limited slavery in Rome at the time,
is an absurdity. It becomes still more so when we recall that slavery,
except in the later form of compulsory service in the mines and galleys,
was not known as a penalty at Roman law. The state had no machinery for
turning a freeman into a slave, except by his own will, and then it did
so reluctantly. We shall be able to see what lies behind this confusion
when we have considered one or two other matters.
The alleged expulsion is not mentioned by Philo in the extant fragments.
The allusion to some oppressive acts of Sejanus (In Flaccum, § 1. ii. p.
517 M; and Leg. ad Gaium, § 24. ii. p. 569 M) is not clear. But it is
difficult to understand the highly eulogistic references to Tiberius,
then long dead, if a general Jewish expulsion had been ordered by that
emperor.
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