The History of Rome - Theodor Mommsen (free e books to read .txt) 📗

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, passed 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. 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. 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),