3 767, note 1).
12. V. V. Rehabilitation Of Saturninus And Marius
13. During the republican period the name Imperator, which denotes the victorious general, was laid aside with the end of the campaign; as a permanent title it first appears in the case of Caesar.
14. That in Caesar's lifetime the -imperium- as well as the supreme pontificate was rendered by a formal legislative act hereditary for his agnate descendants--of his own body or through the medium of adoption--was asserted by Caesar the Younger as his legal title to rule. As our traditional accounts stand, the existence of such a law or resolution of the senate must be decidedly called in question; but doubtless it remains possible that Caesar intended the issue of such a decree. (Comp, Staatsrecht, ii. 3 787, 1106.)
15. The widely-spread opinion, which sees in the imperial office of Imperator nothing but the dignity of general of the empire tenable for life, is not warranted either by the signification of the word or by the view taken by the old authorities. -Imperium- is the power of command, -Imperator- is the possessor of that power; in these words as in the corresponding Greek terms --kratos--, --autokrator-- so little is there implied a specific military reference, that it is on the contrary the very characteristic of the Roman official power, where it appears purely and completely, to embrace in it war and process--that is, the military and the civil power of command--as one inseparable whole. Dio says quite correctly (liii. 17; comp, xliii. 44; lii. 41) that the name Imperator was assumed by the emperors "to indicate their full power instead of the title of king and dictator (--pros deilosin teis autotelous sphon exousias, anti teis basileos tou te diktatoros epikleiseos--); for these other older titles disappeared in name, but in reality the title of Imperator gives the same prerogatives (--to de dei ergon auton tei tou autokratoros proseigoria bebaiountai--), for instance the right of levying soldiers, imposing taxes, declaring war and concluding peace, exercising the supreme authority over burgess and non-burgess in and out of the city and punishing any one at any place capitally or otherwise, and in general of assuming the prerogatives connected in the earliest times with the supreme imperium." It could not well be said in plainer terms, that Imperator is nothing at all but a synonym for rex, just as imperare coincides with regere.
16. When Augustus in constituting the principate resumed the Caesarian imperium, this was done with the restriction that it should be limited as to space and in a certain sense also as to time; the proconsular power of the emperors, which was nothing but just this imperium, was not to come into application as regards Rome and Italy (Staatsrecht, ii. 8 854). On this element rests the essential distinction between the Caesarian imperium and the Augustan principate, just as on the other hand the real equality of the two institutions rests on the imperfection with which even in principle and still more in practice that limit was realized.
17. II. I. Collegiate Arrangements
18. On this question there may be difference of opinion, whereas the hypothesis that it was Caesar's intention to rule the Romans as Imperator, the non-Romans as Rex, must be simply dismissed. It is based solely on the story that in the sitting of the senate in which Caesar was assassinated a Sibylline utterance was brought forward by one of the priests in charge of the oracles, Lucius Cotta, to the effect that the Parthians could only be vanquished by a "king," and in consequence of this the resolution was adopted to commit to Caesar regal power over the Roman provinces. This story was certainly in circulation immediately after Caesar's death. But not only does it nowhere find any sort of even indirect confirmation, but it is even expressly pronounced false by the contemporary Cicero (De Div. ii. 54, 119) and reported by the later historians, especially by Suetonius (79) and Dio (xliv. 15) merely as a rumour which they are far from wishing to guarantee; and it is under such circumstances no better accredited by the fact of Plutarch (Caes. 60, 64; Brut. 10) and Appian (B. C. ii. 110) repeating it after their wont, the former by way of anecdote, the latter by way of causal explanation. But the story is not merely unattested; it is also intrinsically impossible. Even leaving out of account that Caesar had too much intellect and too much political tact to decide important questions of state after the oligarchic fashion by a stroke of the oracle-machinery, he could never think of thus formally and legally splitting up the state which he wished to reduce to a level.
19. II. III. Union Of The Plebeians
20. II. I. The New Community
21. IV. X. Abolition Of The Censorial Supervision Of The Senate
22. According to the probable calculation formerly assumed (iv. 113), this would yield an average aggregate number of from 1000 to 1200 senators.
23. This certainly had reference merely to the elections for the years 711 and 712 (Staatsrecht, ii. a 730); but the arrangement was doubtless meant to become permanent.
24. I. V. The Senate As State-Council, II. I. Senate
25. V. X. Pacification Of Alexandria
26. V. VIII. Changes In The Arrangement Of Magistracies And The Jury-System
27. I. V. The King
28. Hence accordingly the cautious turns of expression on the mention of these magistracies in Caesar's laws; -cum censor aliusve quis magistratus Romae populi censum aget (L. Jul. mun. l. 144); praetor isve quei Romae iure deicundo praerit (L. Rubr. often); quaestor urbanus queive aerario praerit- (L. Jul. mun. l. 37 et al.).
29. V. III. New Arrangement As To Jurymen
30. V. VIII. And In The Courts
31. -Plura enim multo-, says Cicero in his treatise De Oratore (ii. 42, 178), primarily with reference to criminal trials, -homines iudicant odio aut amore aut cupiditate aut iracundia aut dolore aut laetitia aut spe aut timore aut errore aut aliqua permotione mentis, quam veritate aut praescripto aut iuris norma aliqua aut iudicii formula aut legibus-.