Their recall remained of course left to the discretion of the regent as well as their nomination; as a rule it was assumed that the consular governor should not remain more than two years, nor the praetorian more than one year, in the province.

In The Administration Of The Capital

Lastly, so far as concerns the administration of the city which was his capital and residence, the Imperator evidently intended for a time to entrust this also to magistrates similarly nominated by him. He revived the old city-lieutenancy of the regal period;(27) on different occasions he committed during his absence the administration of the capital to one or more such lieutenants nominated by him without consulting the people and for an indefinite period, who united in themselves the functions of all the administrative magistrates and possessed even the right of coining money with their own name, although of course not with their own effigy In 707 and in the first nine months of 709 there were, moreover, neither praetors nor curule aediles nor quaestors; the consuls too were nominated in the former year only towards its close, and in the latter Caesar was even consul without a colleague. This looks altogether like an attempt to revive completely the old regal authority within the city of Rome, as far as the limits enjoined by the democratic past of the new monarch; in other words, of magistrates additional to the king himself, to allow only the prefect of the city during the king's absence and the tribunes and plebeian aediles appointed for protecting popular freedom to continue in existence, and to abolish the consulship, the censorship, the praetorship, the curule aedileship and the quaestorship.(28) But Caesar subsequently departed from this; he neither accepted the royal title himself, nor did he cancel those venerable names interwoven with the glorious history of the republic. The consuls, praetors, aediles, tribunes, and quaestors retained substantially their previous formal powers; nevertheless their position was totally altered. It was the political idea lying at the foundation of the republic that the Roman empire was identified with the city of Rome, and in consistency with it the municipal magistrates of the capital were treated throughout as magistrates of the empire. In the monarchy of Caesar that view and this consequence of it fell into abeyance; the magistrates of Rome formed thenceforth only the first among the many municipalities of the empire, and the consulship in particular became a purely titular post, which preserved a certain practical importance only in virtue of the reversion of a higher governorship annexed to it. The fate, which the Roman community had been wont to prepare for the vanquished, now by means of Caesar befell itself; its sovereignty over the Roman empire was converted into a limited communal freedom within the Roman state. That at the same time the number of the praetors and quaestors was doubled, has been already mentioned; the same course was followed with the plebeian aediles, to whom two new "corn-aediles" (-aediles Ceriales-) were added to superintend the supplies of the capital. The appointment to those offices remained with the community, and was subject to no restriction as respected the consuls and perhaps also the tribunes of the people and plebeian aediles; we have already adverted to the fact, that the Imperator reserved a right of proposal binding on the electors as regards the half of the praetors, curule aediles, and quaestors to be annually nominated. In general the ancient and hallowed palladia of popular freedom were not touched; which, of course, did not prevent the individual refractory tribune of the people from being seriously interfered with and, in fact, deposed and erased from the roll of senators.

As the Imperator was thus, for the more general and more important questions, his own minister; as he controlled the finances by his servants, and the army by his adjutants; and as the old republican state-magistracies were again converted into municipal magistracies of the city of Rome; the autocracy was sufficiently established.

The State-Hierarchy

In the spiritual hierarchy on the other hand Caesar, although he issued a detailed law respecting this portion of the state-economy, made no material alteration, except that he connected with the person of the regent the supreme pontificate and perhaps also the membership of the higher priestly colleges generally; and, partly in connection with this, one new stall was created in each of the three supreme colleges, and three new stalls in the fourth college of the banquet-masters. If the Roman state-hierarchy had hitherto served as a support to the ruling oligarchy, it might render precisely the same service to the new monarchy. The conservative religious policy of the senate was transferred to the new kings of Rome; when the strictly conservative Varro published about this time his "Antiquities of Divine Things," the great fundamental repository of Roman state-theology, he was allowed to dedicate it to the -Pontifex Maximus- Caesar. The faint lustre which the worship of Jovis was still able to impart shone round the newly-established throne; and the old national faith became in its last stages the instrument of a Caesarian papacy, which, however, was from the outset but hollow and feeble.

Regal Jurisdiction

In judicial matters, first of all, the old regal jurisdiction was re-established. As the king had originally been judge in criminal and civil causes, without being legally bound in the former to respect an appeal to the prerogative of mercy in the people, or in the latter to commit the decision of the question in dispute to jurymen; so Caesar claimed the right of bringing capital causes as well as private processes for sole and final decision to his own bar, and disposing of them in the event of his presence personally, in the event of his absence by the city-lieutenant. In fact, we find him, quite after the manner of the ancient kings, now sitting in judgment publicly in the Forum of the capital on Roman burgesses accused of high treason, now holding a judicial inquiry, in his house regarding the client princes accused of the like crime; so that the only privilege, which the Roman burgesses had as compared with the other subjects of the king, seems to have consisted in the publicity of the judicial procedure.

Italian Books
Theodor Mommsen
Classic Literature Library

All Pages of This Book