Such was the state of the law as Caesar found it. If he projected the plan for a new code, it is not difficult to say what were his intentions. This code could only comprehend the law of Roman burgesses, and could be a general code for the empire merely so far as a code of the ruling nation suitable to the times could not but of itself become general subsidiary law throughout the compass of the empire. In criminal law, if the plan embraced this at all, there was needed only a revision and adjustment of the Sullan ordinances. In civil law, for a state whose nationality was properly humanity, the necessary and only possible formal shape was to invest that urban edict, which had already spontaneously grown out of lawful commerce, with the security and precision of statute-law.
The first step towards this had been taken by the Cornelian law of 687, when it enjoined the judge to keep to the maxims set forth at the beginning of his magistracy and not arbitrarily to administer other law[108] - a regulation, which may well be compared with the law of the Twelve Tables, and which became almost as significant for the fixing of the later urban law as that collection for the fixing of the earlier. But although after the Cornelian decree of the people the edict was no longer subordinate to the judge, but the judge was by law subject to the edict; and though the new code had practically dispossessed the old urban law in judicial usage as in legal instruction - every urban judge was still free at his entrance on office absolutely and arbitrarily to alter the edict, and the law of the Twelve Tables with its additions still always outweighed formally the urban edict, so that in each individual case of collision the antiquated rule had to be set aside by arbitrary interference of the magistrates, and therefore, strictly speaking, by violation of formal law.
The subsidiary application of the urban edict in the court of the praetor peregrinus at Rome and in the different provincial judicatures was entirely subject to the arbitrary pleasure of the individual presiding magistrates. It was evidently necessary to set aside definitely the old urban law, so far as it had not been transferred to the newer, and in the case of the latter to set suitable limits to its arbitrary alteration by each individual urban judge, possibly also to regulate its subsidiary application by the side of the local statutes. This was Caesars design, when he projected the plan for his code; for it could not have been otherwise. The plan was not executed; and thus that troublesome state of transition in Roman jurisprudence was perpetuated till this necessary reform was accomplished six centuries afterwards, and then but imperfectly, by one of the successors of Caesar, the Emperor Justinian.
Lastly, in money, measures, and weights the substantial equalization of the Latin and Hellenic systems had long been in progress. It was very ancient so far as concerned the definitions of weight and the measures of capacity and of length indispensable for trade and commerce[109], and in the monetary system little more recent than the introduction of the silver coinage[110]. But these older equations were not sufficient, because in the Hellenic world itself the most varied metrical and monetary systems subsisted side by side; it was necessary, and formed part doubtless of Caesar's plan, now to introduce everywhere in the new united empire, so far as this had not been done already, Roman money, Roman measures, and Roman weights in such a manner that they alone should be reckoned by in official intercourse, and that the non-Roman systems should be restricted to local currency or placed in a - once for all regulated - ratio to the Roman[111]. The action of Caesar, however, can only be pointed out in two of the most important of these departments, the monetary system and the calendar.
The Roman monetary system was based on the two precious metals circulating side by side and in a fixed relation to each other, gold being given and taken according to weight[112], silver in the form of coin; but practically in consequence of the extensive transmarine intercourse the gold far preponderated over the silver.
Whether the acceptance of Roman silver money was not even at an earlier period obligatory throughout the empire, is uncertain; at any rate uncoined gold essentially supplied the place of imperial money throughout the Roman territory, the more so as the Romans had prohibited the coining of gold in all the provinces and client-states, and the denarius had, in addition to Italy, de jure or de facto naturalized itself in Cisalpine Gaul, in Sicily, in Spain and various other places, especially in the west[113], but the imperial coinage begins with Caesar. Exactly like Alexander, he marked the foundation of the new monarchy embracing the civilized world by the fact that the only metal forming an universal medium obtained the first place in the coinage. The greatness of the scale on which the new Caesarian gold piece (20 shillings 7 pence according to the present value of the metal) was immediately coined, is shown by the fact that in a single treasure buried seven years after Caesar's death 80,000 of these pieces were found together.
It is true that financial speculations may have exercised a collateral influence in this respect[114]. as to the silver money, the exclusive rule of the Roman denarius in all the west, for which the foundation had previously been laid, was finally established by Caesar, when he definitively closed the only Occidental mint that still competed in silver currency with the Roman, that of Massilia. The coining of silver or copper small money was still permitted to a number of Occidental communities; three-quarter denarii were struck by some Latin communities of southern Gaul, half denarii by several cantons in northern Gaul, copper small coins in various instances even after Caesar's time by communes of the west; but this small money was throughout coined after the Roman standard, and its acceptance moreover was probably obligatory only in local dealings. Caesar does not seem any more than the earlier government to have contemplated the regulation with a view to unity of the monetary system of the east, where great masses of coarse silver money - much of which too easily admitted of being debased or worn away - and to some extent even, as in Egypt, a copper coinage akin to our paper money were in circulation, and the Syrian commercial cities would have felt very severely the want of their previous national coinage corresponding to the Mesopotamian currency. We find here subsequently the arrangement that the denarius has everywhere legal currency and is the only medium of official reckoning[115], while the local coins have legal currency within their limited range but according to a tariff unfavourable for them as compared with the denarius[116]. This was probably not introduced all at once, and in part perhaps may have preceded Caesar; but it was at any rate the essential complement of the Caesarian arrangement as to the imperial coinage, whose new gold piece found its immediate model in the almost equally heavy coin of Alexander and was doubtless calculated especially for circulation in the east.
Of a kindred nature was the reform of the calendar. The republican calendar, which strangely enough was still the old decemviral calendar - an imperfect adoption of the octaeteris that preceded Meton[117] - had by a combination of wretched mathematics and wretched administration come to anticipate the true time by 67 whole days, so that e. g. the festival of Flora was celebrated on the 11th July instead of the 28th April. Caesar finally removed this evil, and with the help of the Greek mathematician Sosigenes introduced the Italian farmer's year regulated according to the Egyptian calendar of Eudoxus, as well as a rational system of intercalation, into religious and official use; while at the same time the beginning of the year on the 1st March of the old calendar was abolished, and the date of the 1st January - fixed at first as the official term for changing the supreme magistrates and, in consequence of this, long since prevailing in civil life - was assumed also as the calendar-period for commencing the year. Both changes came into effect on the 1st January 709, and along with them the use of the Julian calendar so named after its author, which long after the fall of the monarchy of Caesar remained the regulative standard of the civilized world and in the main is so still. By way of explanation there was added in a detailed edict a star-calendar derived from the Egyptian astronomical observations and transferred - not indeed very skilfully - to Italy, which fixed the rising and setting of the stars named according to days of the calendar[118]. In this domain also the Roman and Greek worlds were thus placed on a par.
108. V. V. Transpadanes.
109. I. XIV. Italian Measures ff.
110. III. XII. Coins and Moneys.
111. Weights recently brought to light at Pompeii suggest the hypothesis that at the commencement of the imperial period alongside of the Roman pound the Attic mina (presumably in the ratio of 3: 4) passed current as a second imperial weight (Hermes, xvi. 311).
112. The gold pieces, which Sulla (iv. 179) and contemporarily Pompeius caused to be struck, both in small quantity, do not invalidate this proposition; for they probably came to be taken solely by weight just like the golden Phillippei which were in circulation even down to Caesar's time. They are certainly remarkable, because they anticipate the Caesarian imperial gold just as Sulla's regency anticipated the new monarchy.
113. IV. XI. Token-Money.
114. It appears, namely, that in earlier times the claims of the state-creditors payable in silver could not be paid against their will in gold according to its legal ratio to silver; whereas it admits of no doubt, that from Caesar's time the gold piece had to be taken as a valid tender for 100 silver sesterces. This was just at that time the more important, as in consequence of the great quantities of gold put into circulation by Caesar it stood for a time in the currency of trade 25 per cent below the legal ratio.
115. There is probably no inscription of the Imperial period, which specifies sums of money otherwise than in Roman coin.
116. Thus the Attic
117. III. III. Illyrian Piracy.
118. The identity of this edict drawn up perhaps by Marcus Flavius (Macrob. Sat. i. 14, 2) and the alleged treatise of Caesar, De Stellis, is shown by the joke of Cicero (Plutarch, Caes. 59) that now the Lyre rises according to edict.
We may add that it was known even before Caesar that the solar year of 365 days 6 hours, which was the basis of the Egyptian calendar, and which he made the basis of his, was somewhat too long. the most exact calculation of the tropical year which the ancient world was acquainted with, that of Hipparchus, put it at 365 d. 5 h. 52' 1; "the true length is 365 d. 5 h. 48' 4".