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Caesar's Constitutional Powers (49–44 BC)

  • Derivation of Powers:

    • From consulship (4 elections: 48, 46–44 BC).

    • From dictatorship (first appointed irregularly in 49 BC).

  • Appointment of Dictators:

    • A dictator was nominated by a consul, not elected.

    • Special enabling law allowed praetor M. Lepidus to nominate Caesar in 49 BC.

  • Contextual Need for Dictatorship:

    • Urgent need for election to consulship for 48 BC.

    • Both consuls fled early in 49 BC, preventing regular elections.

Historical Context and Role of Dictatorship

  • Rare Appointment:

    • Historically, dictators had been appointed for specific immediate needs under the Republic.

    • The powers of dictatorship lacked precise legal definitions.

    • Powers were not necessarily absolute; not acting as overriding authorities over other magistrates.

  • Deposition of Tribunes (44 BC):

    • Two tribunes (Caesetius and Marullus) were deposed by fellow tribune C. Helvius Cinna, not directly by Caesar.

military Power vs. Diplomatic Power

  • Caesar's Influence:

    • Dominance stemmed from military power and personal loyalties, not solely from titles.

    • Loyalty from supporters who gained from association with Caesar was a key factor.

Traditional Limitations of the Dictatorship

  • Features of Dictatorship:

    • Short-term magistracy intended for military or civil duties.

    • Unlike consuls, dictators had a deputy (magister equitum) for continuity in absence.

  • Challenges of Control:

    • Caesar struggled to monitor subordinate actions effectively while away from Rome.

  • Terms of Reference:

    • "rei gerundae causa"

    • Meaning: “to take necessary action,” encompasses both military and civil duties.

    • Authority to convene assemblies was unclear.

Caesar's Initial Dictatorship (49 BC)

  • Brief Duration:

    • Lasted only 11 days, focusing on administrative tasks.

    • Responsibilities included holding elections and assigning magistrates.

    • No master of horse appointed during this term.

Subsequent Dictatorships

  • Second Dictatorship:

    • Nominated by P. Servilius Isauricus after news of Pharsalus (October 48?).

    • Extended beyond usual limit, held for a full year.

  • Third Dictatorship:

    • Appointed for ten years; saw rising chaos in governance.

    • Strains included lack of elected consuls, veteran mutinies, and civil disturbances.

  • Final Dictatorship (Early 44 BC):

    • Made perpetual, misjudged step that contributed to assassination.

Nature of Caesar’s Actions and Legislation

  • Legislation and Intent:

    • Actions were reactive; no evidence of a long-term constitutional vision.

    • Similarities to Sulla’s legislation included gains in governmental roles without deep reform claims.

    • Caesar did not aim for radical constitutional changes, but rather addressed immediate governance needs.

Administration Changes
  • Increased Magistracies:

    • Raised numbers of praetors and quaestors to match administrative demands post-civil wars.

    • Praetors increased from 8 to 16; quaestors doubled to 40.

  • Senate Revisions:

    • Revised roll three times (47, 46, 45) increasing Senate size to alleged 900 members.

Societal Implications
  • Reformation of the Patriciate:

    • New patricians named to replenish losses from civil war; measures intended for stability.

  • Citizenship and Grants:

    • Extended citizenship gradually, including Cisalpine Gauls and towns like Gades; prior precedents needed.

  • Land Reforms and Colonization:

    • 80,000 settled in overseas colonies to address socio-economic pressures.

    • Colonization aimed primarily at veterans, offering relief from economic hardship in Italy.

Future Plans and Assassination Context

  • Lack of Political Succession Planning:

    • No clear successor or hereditary dynasty established; involved interests of multiple allies.

    • Caesar's intentional decentralization of positions among trusted old officers.

  • Propaganda Dynamics:

    • Octavius leveraged the name of Caesar post-assassination, creating a construct of continuity and legitimacy.

Historical Legacy

  • Assassination and Aftermath:

    • Caesar’s position highly contested; his eventual intentions remain a matter of historical speculation and contradiction.

    • Following death, Caesar’s designations, claims, and political maneuvers faced skepticism, highlighting the intricate dynamics of Roman politics.

Further Reading Recommendations

  • A. Lintott, The Constitution of the Roman Republic

  • A. K. Michels, The Calendar of the Roman Republic

  • Z. Yavetz, Julius Caesar and his Political Image

  • G. Rotondi, Leges Publicae Populi Romani

  • W. Kunkel, An Introduction to Roman Legal and Constitutional History

  • A. Watson, Law Making in the Later Roman Republic

  • A. Borkowski and P. du Plessis, Textbook on Roman Law

  • J. F. Gardner, Family and Familia in Roman Law and Life