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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