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-aedile", (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. But this resuscitated supreme jurisdiction of the kings, although Caesar discharged its duties with impartiality and care, could only from the nature of the case find practical application in exceptional cases.
Retention of the Previous Administration of Justice
For the usual procedure in criminal and civil causes the former republican mode of administering justice was substantially retained. Criminal causes were still disposed of as formerly before the different jury-commissions competent to deal with the several crimes, civil causes partly before the court of inheritance or, as it was commonly called, of the centumviri, partly before the single iudices; the superintendence of judicial proceedings was as formerly conducted in the capital chiefly by the praetors, in the provinces by the governors. Political crimes too continued even under the monarchy to be referred to a jury-commission; the new ordinance, which Caesar issued respecting them, specified the acts legally punishable with precision and in a liberal spirit which excluded all prosecution of opinions, and it fixed as the penalty not death, but banishment. As respects the selection of the jurymen, whom the senatorial party desired to see chosen exclusively from the senate and the strict Gracchans exclusively from the equestrian order, Caesar, faithful to the principle of reconciling the parties, left the matter on the footing of the compromise-law of Cotta[29], but with the modification - for which the way was probably prepared by the law of Pompeius of 699[30] - that the tribuni aerarii who came from the lower ranks of the people were set aside; so that there was established a rating for jurymen of at least 400,000 sesterces (4000 pounds), and senators and equites now divided the functions of jurymen which had so long been an apple of discord between them.
Appeal to the Monarch
The relations of the regal and the republican jurisdiction were on the whole co-ordinate, so that any cause might be initiated as well before the king's bar as before the competent republican tribunal, the latter of course in the event of collision giving way; if on the other hand the one or the other tribunal had pronounced sentence, the cause was thereby finally disposed of. To overturn a verdict pronounced by the jurymen duly called to act in a civil or in a criminal cause even the new ruler was not entitled, except where special incidents, such as corruption or violence, already according to the law of the republic gave occasion for cancelling the jurymen's sentence. On the other hand the principle that, as concerned any decree emanating merely from magistrates, the person aggrieved by it was entitled to appeal to the superior of the decreeing authority, probably obtained even now the great extension, out of which the subsequent imperial appellate jurisdiction arose; perhaps all the magistrates administering law, at least the governors of all the provinces, were regarded so far as subordinates of the ruler, that appeal to him might be lodged from any of their decrees.
Decay of the Judicial System
Certainly these innovations, the most important of which - the general extension given to appeal - cannot even be reckoned absolutely an improvement, by no means healed thoroughly the evils from which the Roman administration of justice was suffering. Criminal procedure cannot be sound in any slave-state, inasmuch as the task of proceeding against slaves lies, if not de jure, at least de facto in the hands of the master. The Roma
n master, as may readily be conceived, punished throughout the crime of his serf, not as a crime, but only so far as it rendered the slave useless or disagreeable to him; slave criminals were merely drafted off somewhat like oxen addicted to goring, and, as the latter were sold to the butcher, so were the former sold to the fencing-booth. But even the criminal procedure against free men, which had been from the outset and always in great part continued to be a political process, had amidst the disorder of the last generations become transformed from a grave legal proceeding into a faction-fight to be fought out by means of favour, money, and violence.
The blame rested jointly on all that took part in it, on the magistrates, the jury, the parties, even the public who were spectators; but the most incurable wounds were inflicted on justice by the doings of the advocates. In proportion as the parasitic plant of Roman forensic eloquence flourished, all positive ideas of right became broken up; and the distinction, so difficult of apprehension by the public, between opinion and evidence was in reality expelled from the Roman criminal practice. "A plain simple defendant", says a Roman advocate of much experience at this period, "may be accused of any crime at pleasure which he has or has not committed, and will be certainly condemned". Numerous pleadings in criminal causes have been preserved to us from this epoch; there is hardly one of them which makes even a serious attempt to fix the crime in question and to put into proper shape the proof or counterproof[31].
That the contemporary civil procedure was likewise in various respects unsound, we need hardly mention; it too suffered from the effects of the party politics mixed up with all things, as for instance in the process of Publius Quinctius (671-673), where the most contradictory decisions were given according as Cinna or Sulla had the ascendency in Rome; and the advocates, frequently non-jurists, produced here also intentionally and unintentionally abundance of confusion. But it was implied in the nature of the case, that party mixed itself up with such matters only by way of exception, and that here the quibbles of advocates could not so rapidly or so deeply break up the ideas of right; accordingly the civil pleadings which we possess from this epoch, while not according to our stricter ideas effective compositions for their purpose, are yet of a far less libellous and far more juristic character than the contemporary speeches in criminal causes. If Caesar permitted the curb imposed on the eloquence of advocates by Pompeius[32] to remain, or even rendered it more severe, there was at least nothing lost by this; and much was gained, when better selected and better superintended magistrates and jurymen were nominated and the palpable corruption and intimidation of the courts came to an end. But the sacred sense of right and the reverence for the law, which it is difficult to destroy in the minds of the multitude, it is still more difficult to reproduce. Though the legislator did away with various abuses, he could not heal the root of the evil; and it might be doubted whether time, which cures everything curable, would in this case bring relief.
Decay of the Roman Military System
The Roman military system of this period was nearly in the same condition as the Carthaginian at the time of Hannibal. The governing classes furnished only the officers; the subjects, plebeians and provincials, formed the army. The general was, financially and militarily, almost independent of the central government, and, whether in fortune or misfortune, substantially left to himself and to the resources of his province. Civic and even national spirit had vanished from the army, and the esprit de corps was alone left as a bond of inward union. The army had ceased to be an instrument of the commonwealth; in a political point of view it had no will of its own, but it was doubtless able to adopt that of the master who wielded it; in a military point of view it sank under the ordinary miserable leaders into a disorganized useless rabble, but under a right general it attained a military perfection which the burgess-army could never reach. The class of officers especially had deeply degenerated. The higher ranks, senators and equites, grew more and more unused to arms. While formerly there had been a zealous competition for the posts of staff officers, now every man of equestrian rank, who chose to serve, was sure of a military tribuneship, and several of these posts had even to be filled with men of humbler rank; and any man of quality at all who still served sought at least to finish his term of service in Sicily or some other province where he was sure not to face the enemy. Officers of ordinary bravery and efficiency were stared at as prodigies; as to Pompeius especially, his contemporaries practised a military idolatry which in every respect compromised them. The staff, as a rule, gave the signal for desertion and for mutiny; in spite of the culpable indulgence of the commanders proposals for the cashiering of officers of rank were daily occurrences. We still possess the picture - drawn not without irony by Caesar's own hand - of the state of matters at his own headquarters when orders were given to march against Ariovistus, of the cursing and weeping, and preparing of testaments, and presenting even of requests for furlough.
In the soldiery not a trace of the better classes could any longer be discovered. Legally the general obligation to bear arms still subsisted; but the levy, if resorted to alongside of enlisting, took place in the most irregular manner; numerous persons liable to serve were wholly passed over, while those once levied were retained thirty years and longer beneath the eagles. The Roman burgess-cavalry now merely vegetated as a sort of mounted noble guard, whose perfumed cavaliers and exquisite high-bred horses only played a part in the festivals of the capital; the so-called burgess-infantry was a troop of mercenaries swept together from the lowest ranks of the burgess-population; the subjects furnished the cavalry and the light troops exclusively, and came to be more and more extensively employed also in the infantry. The posts of centurions in the legions, on which in the mode of warfare of that time the efficiency of the divisions essentially depended, and to which according to the national military constitution the soldier served his way upward with the pike, were now not merely regularly conferred according to favour, but were not unfrequently sold to the highest bidder. In consequence of the bad financial management of the government and the venality and fraud of the great majority of the magistrates, the payment of the soldiers was extremely defective and irregular.
The necessary consequence of this was, that in the ordinary course of things the Roman armies pillaged the provincials, mutinied against their officers, and ran off in presence of the enemy; instances occurred where considerable armies, such as the Macedonian army of Piso in 697[33], were without any proper defeat utterly ruined, simply by this misconduct. Capable leaders on the other hand, such as Pompeius, Caesar, Gabinius, formed doubtless out of the existing materials able and effective, and to some extent exemplary, armies; but these armies belonged far more to their general than to the commonwealth. The still more complete decay of the Roman marine - which, moreover, had remained an object of antipathy to the Romans and had never been fully nationalized - scarcely requires to be mentioned. Here too, on all sides, everything that could be ruined at all had been reduced to ruin under the oligarchic government.
Its Reorganization by Caesar
The reorganization of the Roman military system by Caesar was substantially limited to the tightening and strengthening of the reins of discipline, which had been relaxed under the negligent and incapable supervision previously subsisting. The Roman military system seemed to him neither to need, nor to be capable of, radical reform; he accepted the elements of the army, just as Hannibal had accepted them. The enactment of his municipal ordinance that, in order to the holding of a municipal magistracy or sitting in the municipal council before the thirtieth year, three years' service on horseback - that is, as officer - or six years' service on foot should be required, proves indeed that he wished to attract the better classes to the army; but it proves with equal clearness that amidst the ever-increasing prevalence of an unwarlike spirit in the nation he himself held it no longer possible to associate the holding of an honorary office with the fulfilment of the time of service unconditionally as hitherto. This very circumstance
serves to explain why Caesar made no attempt to re-establish the Roman burgess-cavalry. The levy was better arranged, the time of service was regulated and abridged; otherwise matters remained on the footing that the infantry of the line were raised chiefly from the lower orders of the Roman burgesses, the cavalry and the light infantry from the subjects. That nothing was done for the reorganization of the fleet, is surprising.
Foreign Mercenaries - Adjutants of the Legion
It was an innovation - hazardous beyond doubt even in the view of its author - to which the untrustworthy character of the cavalry furnished by the subjects compelled him[34], that Caesar for the first time deviated from the old Roman system of never fighting with mercenaries, and incorporated in the cavalry hired foreigners, especially Germans. Another innovation was the appointment of adjutants of the legion (legati legionis). Hitherto the military tribunes, nominated partly by the burgesses, partly by the governor concerned, had led the legions in such a way that six of them were placed over each legion, and the command alternated among these; a single commandant of the legion was appointed by the general only as a temporary and extraordinary measure. In subsequent times on the other hand those colonels or adjutants of legions appear as a permanent and organic institution, and as nominated no longer by the governor whom they obey, but by the supreme command in Rome; both changes seem referable to Caesar's arrangements connected with the Gabinian law[35]. The reason for the introduction of this important intervening step in the military hierarchy must be sought partly in the necessity for a more energetic centralization of the command, partly in the felt want of capable superior officers, partly and chiefly in the design of providing a counterpoise to the governor by associating with him one or more colonels nominated by the Imperator.
The history of Rome. Book V Page 60
