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.
Under a monarch thus practically unlimited there could hardly be scope for a constitution at all - still less for a continuance of the hitherto existing commonwealth based on the legal co-operation of the burgesses, the senate, and the several magistrates. Caesar fully and definitely reverted to the tradition of the regal period; the burgess-assembly remained - what it had already been, in that period - by the side of and with the king the supreme and ultimate expression of the will of the sovereign people; the senate was brought back to its original destination of giving advice to the ruler when he requested it; and lastly the ruler concentrated in his person anew the whole magisterial authority, so that there existed no other independent state-official by his side any more than by the side of the kings of the earliest times.
For legislation the democratic monarch adhered to the primitive maxim of Roman state-law, that the community of the people in concert with the king convoking them had alone the power of organically regulating the commonwealth; and he had his constitutive enactments regularly sanctioned by decree of the people. The free energy and the authority half-moral, half-political, which the yea or nay of those old warrior-assemblies had carried with it, could not indeed be again instilled into the so-called comitia of this period; the co-operation of the burgesses in legislation, which in the old constitution had been extremely limited but real and living, was in the new practically an unsubstantial shadow. There was therefore no need of special restrictive measures against the comitia; many years' experience had shown that every government - the oligarchy as well as the monarch - easily kept on good terms with this formal sovereign. These Caesarian comitia were an important element in the Caesarian system and indirectly of practical significance, only in so far as they served to retain in principle the sovereignty of the people and to constitute an energetic protest against sultanism. But at the same time - as is not only obvious of itself, but is also distinctly attested - the other maxim also of the oldest state-law was revived by Caesar himself, and not merely for the first time by his successors; viz. that what the supreme, or rather sole, magistrate commands is unconditionally valid so long as he remains in office, and that, while legislation no doubt belongs only to the king and the burgesses in concert, the royal edict is equivalent to law at least till the demission of its author.
While the democratic king thus conceded to the community of the people at least a formal share in the sovereignty, it was by no means his intention to divide his authority with what had hitherto been the governing body, the college of senators. The senate of Caesar was to be - in a quite different way from the later senate of Augustus - nothing but a supreme council of state, which he made use of for advising with him beforehand as to laws, and for the issuing of the more important administrative ordinances through it, or at least under its name - for cases in fact occurred where decrees of senate were issued, of which none of the senators recited as present at their preparation had any cognizance. There were no material difficulties of form in reducing the senate to it original deliberative position, which it had overstepped more de facto than de jure; but in this case it was necessary to protect himself from practical resistance, for the Roman senate was as much the headquarters of the opposition to Caesar as the Attic Areopagus was of the opposition to Pericles. Chiefly for this reason the number of senators, which had hitherto amounted at most to six hundred in its normal condition[21] and had been greatly reduced by the recent crises, was raised by extraordinary supplement to nine hundred; and at the same time, to keep it at least up to this mark, the number of quaestors to be nominated annually, that is of members annually admitted to the senate, was raised from twenty to forty[22]. The extraordinary filling up of the senate was undertaken by the monarch alone. In the case of the ordinary additions he secured to himself a permanent influence through the circumstance, that the electoral colleges were bound by law[23] to give their votes to the first twenty candidates for the quaestorship who were provided with letters of recommendation from the monarch; besides, the crown was at liberty to confer the honorary rights attaching to the quaestorship or to any office superior to it, and consequently a seat in the senate in particular, by way of exception even on individuals not qualified. The selection of the extraordinary members who were added naturally fell in the main on adherents of the new order of things, and introduced, along with equites of respectable standing, various dubious and plebeian personages into the proud corporation - former senators who had been erased from the roll by the censor or in consequence of a judicial sentence, foreigners from Spain and Gaul who had to some extent to learn their Latin in the senate, men lately subaltern officers who had not previously received even the equestrian ring, sons of freedmen or of such as followed dishonourable trades, and other elements of a like kind. The exclusive circles of the nobility, to whom this change in the personal composition of the senate naturally gave the bitterest offence, saw in it an intentional depreciation of the very institution itself.
19. II. III. Union of the Plebeians.
20. II. I. The New Community.
21. IV. X. Abolition of the Censorial Supervision of the Senate.
22. According to the probable calculation formerly assumed (iv. 113), this would yield an average aggregate number of from 1000 to 1200 senators.
23. This certainly had reference merely to the elections for the years 711 and 712 (Staatsrecht, ii. a 730); but the arrangement was doubtless meant to become permanent.