The history of Rome. Book V

by Theodor Mommsen

  In his new law as to political crimes the principal variation from that of Sulla was, that there was placed alongside of the collective community, and on a level with it, the Imperator as the living and personal expression of the people. In the formula used for political oaths there was added to the Jovis and the Penates of the Roman people the Genius of the Imperator. The outward badge of monarchy was, according to the view univerally diffused in antiquity, the image of the monarch on the coins; from the year 710 the head of Caesar appears on those of the Roman state. There could accordingly be no complaint at least on the score that Caesar left the public in the dark as to his view of his position; as distinctly and as formally as possible he came forward not merely as monarch, but as very king of Rome. It is possible even, although not exactly probable, and at any rate of subordinate importance, that he had it in view to designate his official power not with the new name of Imperator, but directly with the old one of King[18]. Even in his lifetime many of his enemies as of his friends were of opinion that he intended to have himself expressly nominated king of Rome; several indeed of his most vehement adherents suggested to him in different ways and at different times that he should assume the crown; most strikingly of all, Marcus Antonius, when he as consul offered the diadem to Caesar before all the people (15 Feb. 710). But Caesar rejected these proposals without exception at once. If he at the same time took steps against those who made use of these incidents to stir republican opposition, it by no means follows from this that he was not in earnest with his rejection. The assumption that these invitations took place at his bidding, with the view of preparing the multitude for the unwonted spectacle of the Roman diadem, utterly misapprehends the mighty power of the sentimental opposition with which Caesar had to reckon, and which could not be rendered more compliant, but on the contrary necessarily gained a broader basis, through such a public recognition of its warrant on the part of Caesar himself. It may have been the uncalled-for zeal of vehement adherents alone that occasioned these incidents; it may be also, that Caesar merely permitted or even suggested the scene with Antonius, in order to put an end in as marked a manner as possible to the inconvenient gossip by a declinature which took place before the eyes of the burgesses and was inserted by his command even in the calendar of the state and could not, in fact, be well revoked. The probability is that Caesar, who appreciated alike the value of a convenient formal designation and the antipathies of the multitude which fasten more on the names than on the essence of things, was resolved to avoid the name of king as tainted with an ancient curse and as more familiar to the Romans of his time when applied to the despots of the east than to their own Numa and Servius, and to appropriate the substance of the regal office under the title of Imperator.

  The New Court - The New Patrician Nobility

  But, whatever may have been the definitive title present to his thoughts the sovereign ruler was there, and accordingly the court established itself at once with all its due accompaniments of pomp, insipidity, and emptiness. Caesar appeared in public not in the robe of the consuls which was bordered with purple stripes, but in the robe wholly of purple which was reckoned in antiquity as the proper regal attire, and received, seated on his golden chair and without rising from it, the solemn procession of the senate.

  The festivals in his honour commemorative of birthday, of victories, and of vows, filled the calendar. When Caesar came to the capital, his principal servants marched forth in troops to great distances so as to meet and escort him. To be near to him began to be of such importance, that the rents rose in the quarter of the city where he dwelt. Personal interviews with him were rendered so difficult by the multitude of individuals soliciting audience, that Caesar found himself compelled in many cases to communicate even with his intimate friends in writing, and that persons even of the highest rank had to wait for hours in the antechamber.

  People felt, more clearly than was agreeable to Caesar himself, that they no longer approached a fellow-citizen. There arose a monarchical aristocracy, which was in a remarkable manner at once new and old, and which had sprung out of the idea of casting into the shade the aristocracy of the oligarchy by that of royalty, the nobility by the patriciate. The patrician body still subsisted, although without essential privileges as an order, in the character of a close aristocratic guild[19]; but as it could receive no new gentes[20] it had dwindled away more and more in the course of centuries, and in the time of Caesar there were not more than fifteen or sixteen patrician gentes still in existence.

  Caesar, himself sprung from one of them, got the right of creating new patrician gentes conferred on the Imperator by decree of the people, and so established, in contrast to the republican nobility, the new aristocracy of the patriciate, which most happily combined all the requisites of a monarchical aristocracy - the charm of antiquity, entire dependence on the government, and total insignificance. On all sides the new sovereignty revealed itself.

  Under a monarch thus practically unlimited there could hardly be scope for a constitution at all - still less for a continuance of the hitherto existing commonwealth based on the legal co-operation of the burgesses, the senate, and the several magistrates. Caesar fully and definitely reverted to the tradition of the regal period; the burgess-assembly remained - what it had already been, in that period - by the side of and with the king the supreme and ultimate expression of the will of the sovereign people; the senate was brought back to its original destination of giving advice to the ruler when he requested it; and lastly the ruler concentrated in his person anew the whole magisterial authority, so that there existed no other independent state-official by his side any more than by the side of the kings of the earliest times.

  Legislation - Edicts

  For legislation the democratic monarch adhered to the primitive maxim of Roman state-law, that the community of the people in concert with the king convoking them had alone the power of organically regulating the commonwealth; and he had his constitutive enactments regularly sanctioned by decree of the people. The free energy and the authority half-moral, half-political, which the yea or nay of those old warrior-assemblies had carried with it, could not indeed be again instilled into the so-called comitia of this period; the co-operation of the burgesses in legislation, which in the old constitution had been extremely limited but real and living, was in the new practically an unsubstantial shadow. There was therefore no need of special restrictive measures against the comitia; many years' experience had shown that every government - the oligarchy as well as the monarch - easily kept on good terms with this formal sovereign. These Caesarian comitia were an important element in the Caesarian system and indirectly of practical significance, only in so far as they served to retain in principle the sovereignty of the people and to constitute an energetic protest against sultanism. But at the same time - as is not only obvious of itself, but is also distinctly attested - the other maxim also of the oldest state-law was revived by Caesar himself, and not merely for the first time by his successors; viz. that what the supreme, or rather sole, magistrate commands is unconditionally valid so long as he remains in office, and that, while legislation no doubt belongs only to the king and the burgesses in concert, the royal edict is equivalent to law at least till the demission of its author.

  The Senate as the State-Council of the Monarch

  While the democratic king thus conceded to the community of the people at least a formal share in the sovereignty, it was by no means his intention to divide his authority with what had hitherto been the governing body, the college of senators. The senate of Caesar was to be - in a quite different way from the later senate of Augustus - nothing but a supreme council of state, which he made use of for advising with him beforehand as to laws, and for the issuing of the more important administrative ordinances through it, or at least under its name - for cases in fact occurred where decrees of senate were issued, of which none of the senators recited as present at their preparation had any cognizance. There were no material difficul
ties of form in reducing the senate to it original deliberative position, which it had overstepped more de facto than de jure; but in this case it was necessary to protect himself from practical resistance, for the Roman senate was as much the headquarters of the opposition to Caesar as the Attic Areopagus was of the opposition to Pericles. Chiefly for this reason the number of senators, which had hitherto amounted at most to six hundred in its normal condition[21] and had been greatly reduced by the recent crises, was raised by extraordinary supplement to nine hundred; and at the same time, to keep it at least up to this mark, the number of quaestors to be nominated annually, that is of members annually admitted to the senate, was raised from twenty to forty[22]. The extraordinary filling up of the senate was undertaken by the monarch alone. In the case of the ordinary additions he secured to himself a permanent influence through the circumstance, that the electoral colleges were bound by law[23] to give their votes to the first twenty candidates for the quaestorship who were provided with letters of recommendation from the monarch; besides, the crown was at liberty to confer the honorary rights attaching to the quaestorship or to any office superior to it, and consequently a seat in the senate in particular, by way of exception even on individuals not qualified. The selection of the extraordinary members who were added naturally fell in the main on adherents of the new order of things, and introduced, along with equites of respectable standing, various dubious and plebeian personages into the proud corporation - former senators who had been erased from the roll by the censor or in consequence of a judicial sentence, foreigners from Spain and Gaul who had to some extent to learn their Latin in the senate, men lately subaltern officers who had not previously received even the equestrian ring, sons of freedmen or of such as followed dishonourable trades, and other elements of a like kind. The exclusive circles of the nobility, to whom this change in the personal composition of the senate naturally gave the bitterest offence, saw in it an intentional depreciation of the very institution itself.

  Caesar was not capable of such a self-destructive policy; he was as determined not to let himself be governed by his council as he was convinced of the necessity of the institute in itself. They might more correctly have discerned in this proceeding the intention of the monarch to take away from the senate its former character of an exclusive representation of the oligarchic aristocracy, and to make it once more - what it had been in the regal period - a state-council representing all classes of persons belonging to the state through their most intelligent elements, and not necessarily excluding the man of humble birth or even the foreigner; just as those earliest kings introduced non-burgesses[24], Caesar introduced non-Italians into his senate.

  Personal Government by Caesar

  While the rule of the nobility was thus set aside and its existence undermined, and while the senate in its new form was merely a tool of the monarch, autocracy was at the same time most strictly carried out in the administration and government of the state, and the whole executive was concentrated in the hands of the monarch. First of all, the Imperator naturally decided in person every question of any moment. Caesar was able to carry personal government to an extent which we puny men can hardly conceive, and which is not to be explained solely from the unparalleled rapidity and decision of his working, but has moreover its ground in a more general cause. When we see Caesar, Sulla, Gaius Gracchus, and Roman statesmen in general displaying throughout an activity which transcends our notions of human powers of working, the reason lies, not in any change that human nature has undergone since that time, but in the change which has taken place since then in the organization of the household. The Roman house was a machine, in which even the mental powers of the slaves and freedmen yielded their produce to the master; a master, who knew how to govern these, worked as it were with countless minds. It was the beau ideal of bureaucratic centralization; which our counting-house system strives indeed zealously to imitate, but remains as far behind its prototype as the modern power of capital is inferior to the ancient system of slavery. Caesar knew how to profit by this advantage; wherever any post demanded special confidence, we see him filling it up on principle - so far as other considerations at all permit - with his slaves freedmen, or clients of humble birth. His works as a whole show what an organizing genius like his could accomplish with such an instrument; but to the question, how in detail these marvellous feats were achieved, we have no adequate answer.

  Bureaucracy resembles a manufactory also in this respect, that the work done does not appear as that of the individual who has worked at it, but as that of the manufactory which stamps it. This much only is quite clear, that Caesar, in his work had no helper at all who exerted a personal influence over it or was even so much as initiated into the whole plan; he was not only the sole master, but he worked also without skilled associates, merely with common labourers.

  In Matters of Finance

  With respect to details as a matter of course in strictly political affairs Caesar avoided, so far as was at all possible, any delegation of his functions. Where it was inevitable, as especially when during his frequent absence from Rome he had need of a higher organ there, the person destined for this purpose was, significantly enough, not the legal deputy of the monarch, the prefect of the city, but a confidant without officially-recognized jurisdiction, usually Caesar's banker, the cunning and pliant Phoenician merchant Lucius Cornelius Balbus from Gades. In administration Caesar was above all careful to resume the keys of the state-chest - which the senate had appropriated to itself after the fall of the regal power, and by means of which it had possessed itself of the government - and to entrust them only to those servants who with their persons were absolutely and exclusively devoted to him. In respect of ownership indeed the private means of the monarch remained, of course, strictly separate from the property of the state; but Caesar took in hand the administration of the whole financial and monetary system of the state, and conducted it entirely in the way in which he and the Roman grandees generally were wont to manage the administration of their own means and substance. For the future the levying of the provincial revenues and in the main also the management of the coinage were entrusted to the slaves and freedmen of the Imperator and men of the senatorial order were excluded from it - a momentous step out of which grew in course of time the important class of procurators and the "imperial household".

  In the Governorships

  Of the governorships on the other hand, which, after they had handed their financial business over to the new imperial tax-receivers, were still more than they had formerly been essentially military commands, that of Egypt alone was transferred to the monarch's own retainers. The country of the Nile, in a peculiar manner geographically isolated and politically centralized, was better fitted than any other district to break off permanently under an able leader from the central power, as the attempts which had repeatedly been made by hard-pressed Italian party-chiefs to establish themselves there during the recent crisis sufficiently proved. Probably it was just this consideration thatinduced Caesar not to declare the land formally a province, but to leave the harmless Lagids there; and certainly for this reason the legions stationed in Egypt were not entrusted to a man belonging to the senate or, in other words, to the former government, but this command was, just like the posts of tax-receivers, treated as a menial office[25]. In general however the consideration had weight with Caesar, that the soldiers of Rome should not, like those of Oriental kings, be commanded by lackeys. It remained the rule to entrust the more important governorships to those who had been consuls, the less important to those who had been praetors; and once more, instead of the five years' interval prescribed by the law of 702[26], the commencement of the governorship probably was in the ancient fashion annexed directly to the close of the official functions in the city. On the other hand the distribution of the provinces among the qualified candidates, which had hitherto been arranged sometimes by decree of the people or senate, sometimes by concert among the magistrates or by lot, pa
ssed over to the monarch. And, as the consuls were frequently induced to abdicate before the end of the year and to make room for after-elected consuls (consules suffecti); as, moreover, the number of praetors annually nominated was raised from eight to sixteen, and the nomination of half of them was entrusted to the Imperator in the same way as that of the half of the quaestors; and, lastly, as there was reserved to the Imperator the right of nominating, if not titular consuls, at any rate titular praetors and titular quaestors: Caesar secured a sufficient number of candidates acceptable to him for filling up the governorships. 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.