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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in the commission to project laws and to regulate the commonwealth, an official prerogative de jure unlimited which superseded the republican partition of powers.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 Attr
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