The History of Rome (Volumes 1-5) · Chapter 138Chapter XI (2)
This chapter is not translated yet. You are reading the original.
Amnesty
The republican opposition submitted to be pardoned; but it was not reconciled. Discontent with the new order of things and exasperation against the unwonted ruler were general. For open political resistance there was indeed no farther opportunity— it was hardly worth taking into account, that some oppositional tribunes on occasion of the question of title acquired for themselves the republican crown of martyrdom by a demonstrative intervention against those who had called Caesar king—but republicanism found expression all the more decidedly as an opposition of sentiment, and in secret agitation and plotting. Not a hand stirred when the Imperator appeared in public. There was abundance of wall-placards and sarcastic verses full of bitter and telling popular satire against the new monarchy. When a comedian ventured on a republican allusion, he was saluted with the loudest applause. The praise of Cato formed the fashionable theme of oppositional pamphleteers, and their writings found a public all the more grateful because even literature was no longer free. Caesar indeed combated the republicans even now on their own field; he himself and his abler confidants replied to the Cato-literature with Anticatones, and the republican and Caesarian scribes fought round the dead hero of Utica like the Trojans and Hellenes round the dead body of Patroclus; but as a matter of course in this conflict—where the public thoroughly republican in its feelings was judge—the Caesarians had the worst of it. No course remained but to overawe the authors; on which account men well known and dangerous in a literary point of view, such as Publius Nigidius Figulus and Aulus Caecina, had more difficulty in obtaining permission to return to Italy than other exiles, while the oppositional writers tolerated in Italy were subjected to a practical censorship, the restraints of which were all the more annoying that the measure of punishment to be dreaded was utterly arbitrary.(4) The underground machinations of the overthrown parties against the new monarchy will be more fitly set forth in another connection. Here it is sufficient to say that risings of pretenders as well as of republicans were incessantly brewing throughout the Roman empire; that the flames of civil war kindled now by the Pompeians, now by the republicans, again burst forth brightly at various places; and that in the capital there was perpetual conspiracy against the life of the monarch. But Caesar could not be induced by these plots even to surround himself permanently with a body-guard, and usually contented himself with making known the detected conspiracies by public placards.
Bearing of Caesar towards the Parties
However much Caesar was wont to treat all things relating to his personal safety with daring indifference, he could not possibly conceal from himself the very serious danger with which this mass of malcontents threatened not merely himself but also his creations. If nevertheless, disregarding all the warning and urgency of his friends, he without deluding himself as to the implacability of the very opponents to whom he showed mercy, persevered with marvellous composure and energy in the course of pardoning by far the greater number of them, he did so neither from the chivalrous magnanimity of a proud, nor from the sentimental clemency of an effeminate, nature, but from the correct statesmanly consideration that vanquished parties are disposed of more rapidly and with less public injury by their absorption within the state than by any attempt to extirpate them by proscription or to eject them from the commonwealth by banishment. Caesar could not for his high objects dispense with the constitutional party itself, which in fact embraced not the aristocracy merely but all the elements of a free and national spirit among the Italian burgesses; for his schemes, which contemplated the renovation of the antiquated state, he needed the whole mass of talent, culture, hereditary, and self-acquired distinction, which this party embraced; and in this sense he may well have named the pardoning of his opponents the finest reward of victory. Accordingly the most prominent chiefs of the defeated parties were indeed removed, but full pardon was not withheld from the men of the second and third rank and especially of the younger generation; they were not, however, allowed to sulk in passive opposition, but were by more or less gentle pressure induced to take an active part in the new administration, and to accept honours and offices from it. As with Henry the Fourth and William of Orange, so with Caesar his greatest difficulties began only after the victory. Every revolutionary conqueror learns by experience that, if after vanquishing his opponents he would not remain like Cinna and Sulla a mere party-chief, but would like Caesar, Henry the Fourth, and William of Orange substitute the welfare of the commonwealth for the necessarily one-sided programme of his own party, for the moment all parties, his own as well as the vanquished, unite against the new chief; and the more so, the more great and pure his idea of his new vocation. The friends of the constitution and the Pompeians, though doing homage with the lips to Caesar, bore yet in heart a grudge either at monarchy or at least at the dynasty; the degenerate democracy was in open rebellion against Caesar from the moment of its perceiving that Caesar's objects were by no means its own; even the personal adherents of Caesar murmured, when they found that their chief was establishing instead of a state of condottieri a monarchy equal and just towards all, and that the portions of gain accruing to them were to be diminished by the accession of the vanquished. This settlement of the commonwealth was acceptable to no party, and had to be imposed on his associates no less than on his opponents. Caesar's own position was now in a certain sense more imperilled than before the victory; but what he lost, the state gained. By annihilating the parties and not simply sparing the partisans but allowing every man of talent or even merely of good descent to attain to office irrespective of his political past, he gained for his great building all the working power extant in the state; and not only so, but the voluntary or compulsory participation of men of all parties in the same work led the nation also over imperceptibly to the newly prepared ground. The fact that this reconciliation of the parties was for the moment only externaland that they were for the present much less agreed in adherence to the new state of things than in hatred against Caesar, did not mislead him; he knew well that antagonisms lose their keenness when brought into such outward union, and that only in this way can the statesman anticipate the work of time, which alone is able finally to heal such a strife by laying the old generation in the grave. Still less did he inquire who hated him or meditated his assassination. Like every genuine statesman he served not the people for reward—not even for the reward of their love— but sacrificed the favour of his contemporaries for the blessing of posterity, and above all for the permission to save and renew his nation.
Caesar's Work
In attempting to give a detailed account of the mode in which the transition was effected from the old to the new state of things, we must first of all recollect that Caesar came not to begin, but to complete. The plan of a new polity suited to the times, long ago projected by Gaius Gracchus, had been maintained by his adherents and successors with more or less of spirit and success, but without wavering. Caesar, from the outset and as it were by hereditary right the head of the popular party, had for thirty years borne aloft its banner without ever changing or even so much as concealing his colours; he remained democrat even when monarch. as he accepted without limitation, apart of course from the preposterous projects of Catilina and Clodius, the heritage of his party; as he displayed the bitterest, even personal, hatred to the aristocracy and the genuine aristocrats; and as he retained unchanged the essential ideas of Roman democracy, viz. alleviation of the burdens of debtors, transmarine colonization, gradual equalization of the differences of rights among the classes belonging to the state, emancipation of the executive power from the senate: his monarchy was so little at variance with democracy, that democracy on the contrary only attained its completion and fulfilment by means of that monarchy. For this monarchy was not the Oriental despotism of divine right, but a monarchy such as Gaius Gracchus wished to found, such as Pericles and Cromwell founded— the representation of the nation by the man in whom it puts supreme and unlimited confidence. The ideas, which lay at the foundation of Caesar's work, were so far not strictly new; but to him belongs their realization, which after all is everywhere the main matter; and to him pertains the grandeur of execution, which would probably have surprised the brilliant projector himself if he could have seen it, and which has impressed, and will always impress, every one to whom it has been presented in the living reality or in the mirror of history—to whatever historical epoch or whatever shade of politics he may belong—according to the measure of his ability to comprehend human and historical greatness, with deep and ever-deepening emotion and admiration.
At this point however it is proper expressly once for all to claim what the historian everywhere tacitly presumes, and to protest against the custom—common to simplicity and perfidy—of using historical praise and historical censure, dissociated from the given circumstances, as phrases of general application, and in the present case of construing the judgment as to Caesar into a judgment as to what is called Caesarism. It is true that the history of past centuries ought to be the instructress of the present; but not in the vulgar sense, as if one could simply by turning over the leaves discover the conjunctures of the present in the records of the past, and collect from these the symptoms for a political diagnosis and the specifics for a prescription; it is instructive only so far as the observation of older forms of culture reveals the organic conditions of civilization generally— the fundamental forces everywhere alike, and the manner of their combination everywhere different—and leads and encourages men, not to unreflecting imitation, but to independent reproduction. In this sense the history of Caesar and of Roman Imperialism, with all the unsurpassed greatness of the master-worker, with all the historical necessity of the work, is in truth a sharper censure of modern autocracy than could be written by the hand of man. According to the same law of nature in virtue of which the smallest organism infinitely surpasses the most artistic machine, every constitution however defective which gives play to the free self-determination of a majority of citizens infinitely surpasses the most brilliant and humane absolutism; for the former is capable of development and therefore living, the latter is what it is and therefore dead. This law of nature has verified itself in the Roman absolute military monarchy and verified itself all the more completely, that, under the impulse of its creator's genius and in the absence of all material complications from without, that monarchy developed itself more purely and freely than any similar state. From Caesar's time, as the sequel will show and Gibbon has shown long ago, the Roman system had only an external coherence and received only a mechanical extension, while internally it became even with him utterly withered and dead. If in the early stages of the autocracy and above all in Caesar's own soul(5) the hopeful dream of a combination of free popular development and absolute rule was still cherished, the government of the highly- gifted emperors of the Julian house soon taught men in a terrible form how far it was possible to hold fire and water in the same vessel. Caesar's work was necessary and salutary, not because it was or could be fraught with blessing in itself, but because— with the national organization of antiquity, which was based on slavery and was utterly a stranger to republican-constitutional representation, and in presence of the legitimate urban constitution which in the course of five hundred years had ripened into oligarchic absolutism— absolute military monarchy was the copestone logically necessary and the least of evils. When once the slave-holding aristocracy in Virginia and the Carolinas shall have carried matters as far as their congeners in the Sullan Rome, Caesarism will there too be legitimized at the bar of the spirit of history;(6) where it appears under other conditions of development, it is at once a caricature and a usurpation. But history will not submit to curtail the true Caesar of his due honour, because her verdict may in the presence of bad Caesars lead simplicity astray and may give to roguery occasion for lying and fraud. She too is a Bible, and if she cannot any more than the Bible hinder the fool from misunderstanding and the devil from quoting her, she too will be able to bear with, and to requite, them both.
Dictatorship
The position of the new supreme head of the state appears formally, at least in the first instance, as a dictatorship. Caesar took it up at first after his return from Spain in 705, but laid it down again after a few days, and waged the decisive campaign of 706 simply as consul—this was the office his tenure of which was the primary occasion for the outbreak of the civil war.(7) but in the autumn of this year after the battle of Pharsalus he reverted to the dictatorship and had it repeatedly entrusted to him, at first for an undefined period, but from the 1st January 709 as an annual office, and then in January or February 710(8) for the duration of his life, so that he in the end expressly dropped the earlier reservation as to his laying down the office and gave formal expression to its tenure for life in the new title of -dictator perpetuus-. This dictatorship, both in its first ephemeral and in its second enduring tenure, was not that of the old constitution, but—what was coincident with this merely in the name—the supreme exceptional office as arranged by Sulla;(9) an office, the functions of which were fixed, not by the constitutional ordinances regarding the supreme single magistracy, but by special decree of the people, to such an effect that the holder received, in the commission to project laws and to regulate the commonwealth, an official prerogative de jure unlimited which superseded the republican partition of powers. Those were merely applications of this general prerogative to the particular case, when the holder of power was further entrusted by separate acts with the right of deciding on war and peace without consulting the senate and the people, with the independent disposal of armies and finances, and with the nomination of the provincial governors. Caesar could accordingly de jure assign to himself even such prerogatives as lay outside of the proper functions of the magistracy and even outside of the province of state-powers at all;(10) and it appears almost as a concession on his part, that he abstained from nominating the magistrates instead of the Comitia and limited himself to claiming a binding right of proposal for a proportion of the praetors and of the lower magistrates; and that he moreover had himself empowered by special decree of the people for the creation of patricians, which was not at all allowable according to use and wont.
Other Magistracies and Attributions
For other magistracies in the proper sense there remained alongside of this dictatorship no room; Caesar did not take up the censorship as such,(11) but he doubtless exercised censorial rights— particularly the important right of nominating senators—after a comprehensive fashion.
He held the consulship frequently alongside of the dictatorship, once even without colleague; but he by no means attached it permanently to his person, and he gave no effect to the calls addressed to him to undertake it for five or even for ten years in succession.
Caesar had no need to have the superintendence of worship now committed to him, since he was already -pontifex maximus-.(12) as a matter of course the membership of the college of augurs was conferred on him, and generally an abundance of old and new honorary rights, such as the title of a "father of the fatherland," the designation of the month of his birth by the name which it still bears of Julius, and other manifestations of the incipient courtly tone which ultimately ran into utter deification. Two only of the arrangements deserve to be singled out: namely that Caesar was placed on the same footing with the tribunes of the people as regards their special personal inviolability, and that the appellation of Imperator was permanently attached to his person and borne by him as a title alongside of his other official designations.
Men of judgment will not require any proof, either that Caesar intended to engraft on the commonwealth his supreme power, and this not merely for a few years or even as a personal office for an indefinite period somewhat like Sulla's regency, but as an essential and permanent organ; or that he selected for the new institution an appropriate and simple designation; for, if it is a political blunder to create names without substantial meaning, it is scarcely a less error to set up the substance of plenary power without a name. Only it is not easy to determine what definitive formal shape Caesar had in view; partly because in this period of transition the ephemeral and the permanent buildings are not clearly discriminated from each other, partly because the devotion of his clients which already anticipated the nod of their master loaded him with a multitude—offensive doubtless to himself—of decrees of confidence and laws conferring honours. Least of all could the new monarchy attach itself to the consulship, just on account of the collegiate character that could not well be separated from this office; Caesar also evidently laboured to degrade this hitherto supreme magistracy into an empty title, and subsequently, when he undertook it, he did not hold it through the whole year, but before the year expired gave it away to personages of secondary rank. The dictatorship came practically into prominence most frequently and most definitely, but probably only because Caesar wished to use it in the significance which it had of old in the constitutional machinery—as an extraordinary presidency for surmounting extraordinary crises. On the other hand it was far from recommending itself as an expression for the new monarchy, for the magistracy was inherently clothed with an exceptional and unpopular character, and it could hardly be expected of the representative of the democracy that he should choose for its permanent organization that form, which the most gifted champion of the opposing party had created for his own ends.
The new name of Imperator, on the other hand, appears in every respect by far more appropriate for the formal expression of the monarchy; just because it is in this application(13) new, and no definite outward occasion for its introduction is apparent. The new wine might not be put into old bottles; here is a new name for the new thing, and that name most pregnantly sums up what the democratic party had already expressed in the Gabinian law, only with less precision, as the function of its chief—the concentration and perpetuation of official power (-imperium-) in the hands of a popular chief independent of the senate. We find on Caesar's coins, especially those of the last period, alongside of the dictatorship the title of Imperator prevailing, and in Caesar's law as to political crimes the monarch seems to have been designated by this name. Accordingly the following times, though not immediately, connected the monarchy with the name of Imperator. To lend to this new office at once a democratic and religious sanction, Caesar probably intended to associate with it once for all on the one hand the tribunician power, on the other the supreme pontificate.
That the new organization was not meant to be restricted merely to the lifetime of its founder, is beyond doubt; but he did not succeed in settling the especially difficult question of the succession, and it must remain an undecided point whether he had it in view to institute some sort of form for the election of a successor, such as had subsisted in the case of the original kingly office, or whether he wished to introduce for the supreme office not merely the tenure for life but also the hereditary character, as his adopted son subsequently maintained.(14) It is not improbable that he had the intention of combining in some measure the two systems, and of arranging the succession, similarly to the course followed by Cromwell and by Napoleon, in such a way that the ruler should be succeeded in rule by his son, but, if he had no son, or the son should not seem fitted for the succession, the ruler should of his free choice nominate his successor in the form of adoption.
In point of state law the new office of Imperator was based on the position which the consuls or proconsuls occupied outside of the -pomerium-, so that primarily the military command, but, along with this, the supreme judicial and consequently also the administrative power, were included in it.(15) But the authority of the Imperator was qualitatively superior to the consular-proconsular, in so far as the former was not limited as respected time or space, but was held for life and operative also in the capital;(16) as the Imperator could not, while the consul could, be checked by colleagues of equal power; and as all the restrictions placed in course of time on the original supreme official power— especially the obligation to give place to the -provocatio- and to respect the advice of the senate—did not apply to the Imperator.
Re-establishment of the Regal Office
In a word, this new office of Imperator was nothing else than the primitive regal office re-established; for it was those very restrictions—as respected the temporal and local limitation of power, the collegiate arrangement, and the cooperation of the senate or the community that was necessary for certain cases— which distinguished the consul from the king.(17) There is hardly a trait of the new monarchy which was not found in the old: the union of the supreme military, judicial, and administrative authority in the hands of the prince; a religious presidency over the commonwealth; the right of issuing ordinances with binding power; the reduction of the senate to a council of state; the revival of the patriciate and of the praefecture of the city. But still more striking than these analogies is the internal similarity of the monarchy of Servius Tullius and the monarchy of Caesar; if those old kings of Rome with all their plenitude of power had yet been rulers of a free community and themselves the protectors of the commons against the nobility, Caesar too had not come to destroy liberty but to fulfil it, and primarily to break the intolerable yoke of the aristocracy. Nor need it surprise us that Caesar, anything but a political antiquary, went back five hundred years to find the model for his new state; for, seeing that the highest office of the Roman commonwealth had remained at all times a kingship restricted by a number of special laws, the idea of the regal office itself had by no means become obsolete. At very various periods and from very different sides— in the decemviral power, in the Sullan regency, and in Caesar's own dictatorship—there had been during the republic a practical recurrence to it; indeed by a certain logical necessity, whenever an exceptional power seemed requisite there emerged, in contradistinction to the usual limited -imperium-, the unlimited -imperium- which was simply nothing else than the regal power.
Lastly, outward considerations also recommended this recurrence to the former kingly position. Mankind have infinite difficulty in reaching new creations, and therefore cherish the once developed forms as sacred heirlooms. Accordingly Caesar very judiciously connected himself with Servius Tullius, in the same way as subsequently Charlemagne connected himself with Caesar, and Napoleon attempted at least to connect himself with Charlemagne. He did so, not in a circuitous way and secretly, but, as well as his successors, in the most open manner possible; it was indeed the very object of this connection to find a clear, national, and popular form of expression for the new state. From ancient times there stood on the Capitol the statues of those seven kings, whom the conventional history of Rome was wont to bring on the stage; Caesar ordered his own to be erected beside them as the eighth. He appeared publicly in the costume of the old kings of Alba. 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.