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 proconsuls occupied outside of the -pomerium-, so that primarily the military command, but, along with this, the supreme judicial and consequently also the administrative power, were included in it.(15) But the authority of the Imperator was qualitatively superior to the consular-proconsular, in so far as the former was not limited as respected time or space, but was held for life and operative also in the capital;(16) as the Imperator could not, while the consul could, be checked by colleagues of equal power; and as all the restrictions placed in course of time on the original supreme official power-- especially the obligation to give place to the -provocatio- and to respect the advice of the senate--did not apply to the Imperator.
Re-establishment Of The Regal Office
In a word, this new office of Imperator was nothing else than the primitive regal office re-established; for it was those very restrictions--as respected the temporal and local limitation of power, the collegiate arrangement, and the cooperation of the senate or the community that was necessary for certain cases-- which distinguished the consul from the king.(17) There is hardly a trait of the new monarchy which was not found in the old: the union of the supreme military, judicial, and administrative authority in the hands of the prince; a religious presidency over the commonwealth; the right of issuing ordinances with binding power; the reduction of the senate to a council of state; the revival of the patriciate and of the praefecture of the city. But still more striking than these analogies is the internal similarity of the monarchy of Servius Tullius and the monarchy of Caesar; if those old kings of Rome with all their plenitude of power had yet been rulers of a free community and themselves the protectors of the commons against the nobility, Caesar too had not come to destroy liberty but to fulfil it, and primarily to break the intolerable yoke of the aristocracy. Nor need it surprise us that Caesar, anything but a political antiquary, went back five hundred years to find the model for his new state; for, seeing that the highest office of the Roman commonwealth had remained at all times a kingship restricted by a number of special laws, the idea of the regal office itself had by no means become obsolete. At very various periods and from very different sides-- in the decemviral power, in the Sullan regency, and in Caesar's own dictatorship--there had been during the republic a practical recurrence to it; indeed by a certain logical necessity, whenever an exceptional power seemed requisite there emerged, in contradistinction to the usual limited -imperium-, the unlimited -imperium- which was simply nothing else than the regal power.