The history of Rome. Book V

house soon taught men in a terrible form how far it was possible to hold fire and water in the same vessel. Caesar's work was necessary and salutary, not because it was or could be fraught with blessing in itself, but because - with the national organization of antiquity, which was based on slavery and was utterly a stranger to republican-constitutional representation, and in presence of the legitimate urban constitution which in the course of five hundred years had ripened into oligarchic absolutism - absolute military monarchy was the copestone logically necessary and the least of evils. When once the slave-holding aristocracy in Virginia and the Carolinas shall have carried matters as far as their congeners in the Sullan Rome, Caesarism will there too be legitimized at the bar of the spirit of history[6]; where it appears under other conditions of development, it is at once a caricature and a usurpation. But history will not submit to curtail the true Caesar of his due honour, because her verdict may in the presence of bad Caesars lead simplicity astray and may give to roguery occasion for lying and fraud. She too is a Bible, and if she cannot any more than the Bible hinder the fool from misunderstanding and the devil from quoting her, she too will be able to bear with, and to requite, them both.

Dictatorship

The position of the new supreme head of the state appears formally, at least in the first instance, as a dictatorship. Caesar took it up at first after his return from Spain in 705, but laid it down again after a few days, and waged the decisive campaign of 706 simply as consul - this was the office his tenure of which was the primary occasion for the outbreak of the civil war[7], but in the autumn of this year after the battle of Pharsalus he reverted to the dictatorship and had it repeatedly entrusted to him, at first for an undefined period, but from the 1st January 709 as an annual office, and then in January or February 710[8] for the duration of his life, so that he in the end expressly dropped the earlier reservation as to his laying down the office and gave formal expression to its tenure for life in the new title of dictator perpetuus. This dictatorship, both in its first ephemeral and in its second enduring tenure, was not that of the old constitution, but - what was coincident with this merely in the name - the supreme exceptional office as arranged by Sulla[9]; an office, the functions of which were fixed, not by the constitutional ordinances regarding the supreme single magistracy, but by special decree of the people, to such an effect that the holder received, in the commission to project laws and to regulate the commonwealth, an official prerogative de jure unlimited which superseded the republican partition of powers. Those were merely applications of this general prerogative to the particular case, when the holder of power was further entrusted by separate acts with the right of deciding on war and peace without consulting the senate and the people, with the independent disposal of armies and finances, and with the nomination of the provincial governors. Caesar could accordingly de jure assign to himself even such prerogatives as lay outside of the proper functions of the magistracy and even outside of the province of state-powers at all[10]; and it appears almost as a concession on his part, that he abstained from nominating the magistrates instead of the Comitia and limited himself to claiming a binding right of proposal for a proportion of the praetors and of the lower magistrates; and that he moreover had himself empowered by special decree of the people for the creation of patricians, which was not at all allowable according to use and wont.

Other Magistracies and Attributions

For other magistracies in the proper sense there remained alongside of this dictatorship no room; Caesar did not take up the censorship as such[11], but he doubtless exercised censorial rights - particularly the important right of nominating senators - after a comprehensive fashion.

He held the consulship frequently alongside of the dictatorship, once even without colleague; but he by no means attached it permanently to his person, and he gave no effect to the calls addressed to him to undertake it for five or even for ten years in succession. Caesar had no need to have the superintendence of worship now committed to him, since he was already pontifex maximus[12]. as a matter of course the membership of the college of augurs was conferred on him, and generally an abundance of old and new honorary rights, such as the title of a 'father of the fatherland', the designation of the month of his birth by the name which it still bears of Julius, and other manifestations of the incipient courtly tone which ultimately ran into utter deification. Two only of the arrangements deserve to be singled out: namely that Caesar was placed on the same footing with the tribunes of the people as regards their special personal inviolability, and that the appellation of Imperator was permanently attached to his person and borne by him as a title alongside of his other official designations.

Men of judgment will not require any proof, either that Caesar intended to engraft on the commonwealth his supreme power, and this not merely for a few years or even as a personal office for an indefinite period somewhat like Sulla's regency, but as an essential and permanent organ; or that he selected for the new institution an appropriate and simple designation; for, if it is a political blunder to create names without substantial meaning, it is scarcely a less error to set up the substance of plenary power without a name. Only it is not easy to determine what definitive formal shape Caesar had in view; partly because in this period of transition the ephemeral and the permanent buildings are not clearly discriminated from each other, partly because the devotion of his clients which already anticipated the nod of their master loaded him with a multitude - offensive doubtless to himself - of decrees of confidence and laws conferring honours.

Least of all could the new monarchy attach itself to the consulship, just on account of the collegiate character that could not well be separated from this office; Caesar also evidently laboured to degrade this hitherto supreme magistracy into an empty title, and subsequently, when he undertook it, he did not hold it through the whole year, but before the year expired gave it away to personages of secondary rank. The dictatorship came practically into prominence most frequently and most definitely, but probably only because Caesar wished to use it in the significance which it had of old in the constitutional machinery - as an extraordinary presidency for surmounting extraordinary crises. On the other hand it was far from recommending itself as an expression for the new monarchy, for the magistracy was inherently clothed with an exceptional and unpopular character, and it could hardly be expected of the representative of the democracy that he should choose for its permanent organization that form, which the most gifted champion of the opposing party had created for his own ends.

The new name of Imperator, on the other hand, appears in every respect by far more appropriate for the formal expression of the monarchy; just because it is in this application[13] new, and no definite outward occasion for its introduction is apparent. The new wine might not be put into old bottles; here is a new name for the new thing, and that name most pregnantly sums up what the democratic party had already expressed in the Gabinian law, only with less precision, as the function of its chief - the concentration and perpetuation of official power (imperium) in the hands of a popular chief independent of the senate. We find on Caesar's coins, especially those of the last period, alongside of the dictatorship the title of Imperator prevailing, and in Caesar's law as to political crimes the monarch seems to have been designated by this name. Accordingly the following times, though not immediately, connected the monarchy with the name of Imperator. To lend to this new office at once a democratic and religious sanction, Caesar probably intended to associate with it once for all on the one hand the tribunician power, on the other the supreme pontificate.

That the new organization was not meant to be restricted merely to the lifetime of its founder, is beyond doubt; but he did not succeed in settling the especially difficult question of the succession, and it must remain an undecided point whether he had it in view to institute some sort of form for the election of a successor, such as had subsisted in the case of the original kingly office, or whether he wished to introduce for the supreme office not merely the tenure for life but also the hereditary character, as his adopted son subsequently maintained[14]. It is not improbable that he had the intention of combining in some measure the two systems, and of arranging the succession, similarly to the course followed by Cromwell and by Napoleon, in such a way that the ruler should be succeeded in rule by his son, but, if he had no son, or the son should not seem fitted for the succession, the ruler should of his free choice nominate his successor in the form of adoption.

In point of state law the new office of Imperator was based on the position which the consuls or