Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

4(06.DICTATOR. -DICTATOR.
* n the same spirit it became a question, whether Zonar. vii. 13), and no instances occur in which a
the tribuni militum with consular power could person held this office for a longer time, for the
nominate a dictator, and they did not venture to dictatorships of Sulla and Caesar are of course not
do so till the augurs had been consulted and de- to be taken into account. On the contrary, though
clared it allowable (Liv. iv. 21). The nomination a dictator was appointed for six months, he often
of Sulla by an interrex and of Caesar by a praetor resigned his office long previously, immediately
was contrary to all precedent and altogether illegal. after lie had despatched the business for which he
(Comp. Cic. ad Alt. ix. 15.) The senate seems to had been appointed. (Liv. iii. 29, iv. 46, vi. 29.)
have usually mentioned -in their decree the name As soon as the dictator was nominated, a kind of
of the person whom the consul was to nominate suspension took place with respect to the consuls
(Liv. iv. 17, 21, 23, 46, vi. 2, vii. 12, viii. 17, ix. and all the other magistrates, with the exception
29, x. 11, xxii. 57); but that the consul was not of the tribuni plebis. It is frequently stated
absolutely bound to nominate the person whom the that the duties and functions of all the ordinary
senate had named, is evident from the cases in magistrates entirely ceased, and some writers have
which the consuls appointed persons in opposition even gone so far as to say that the consuls abdito the wishes of the senate (Liv. viii. 12, Epit. cated (Polyb. iii. 87; Cic. de Leg. iii. 3; Dionys.
1 9; Suet. Tib. 2.) It is doubtful what rule was v. 70, 72); but this is not a correct way of stating
adopted, or whether any existed, for the purpose the facts of the case. The regular magistrates
of determining which of the two consuls should continued to discharge the duties of their various
nominate the dictator. In one case we read that offices under the dictator, but they were no longer
the nomination was made bythe consul who had independent officers, but were subject to the higher
the fasces (Liv. viii. 12), in another that it was imperium of the dictator, and obliged to obey his
decided by lot (iv. 26), and in a third that it was orders in every thing. WVe often find the dictator
matter of agreement among themselves (iv. 21). and the consuls at the head of separate armies at
In later times the senate usually entrusted the the same time, and carrying on war independent of
office to the consul who was nearest at hand. The one another (Liv. ii. 30, viii. 29); we see that
nomination took place at Rome, as a general rule; the soldiers levied by the dictator took the oath of
and if the consuls were absent, one of them was allegiance to the consul (Liv. ii. 32), and that the
recalled to the city, whenever it was practicable consuls could hold the consular comitia during a
(Liv. vii. 19, xxiii. 22); but if this could not be dictatorship. (Liv. xxiii. 23.) All this shows that
done, a senatus consultum authorising the appoint- the consuls did not resign their functions, although
nment was sent to the consul, who thereupon made they were subject to the imperium of the dictator;
the nomination in the camp. (Liv. vii. 21, viii. 23, and accordingly, as soon as the' dictator abdicated,
ix. 38, xxv. 2, xxvii. 5.) Nevertheless, the rule they again entered forthwith into the full posseswas maintained that the nomination could not take sion of the consular power.
place outside of the Ager i Romanuns, though the The superiority of the dictator's power to that of
meaning of this expression was extended so as to the consuls consisted chiefly in the three following
include the whole of Italia. Thus we find the points- greater independence of the senate, more
senate in the second Punic war opposing the nomi- extensive power of punishment without any apnation of a dictator in Sicily, because it was out- peal (provocatio) from their sentence to the people,
side of the agerRomanus (extra agrzemRomanuin7- and irresponsibility. To these three points, must
eumn autem Italia term-iinari, Liv. xxvii. 5). of course be added that he was not fettered by a colOriginally the dictator was of course a patrician. league. We may naturally suppose that the dic..
The first plebeian dictator was C. Marcius Rutilus, tator would usually act in unison with the senate;
nominated in a. c. 356 by the plebeian consul M. but it is expressly stated that in many cases where
Popillius Laenas. (Liv. vii. 17.). the consuls required the co-operation of the senate,
The reasons, which led to the appointment of a the dictator could act on his own responsibility.
dictator, required that there should be only one at (Polyb. iii. 87.) For how long a time the dictl time. The only exception to this rule occurred tatorship was a magistratus sine provocatione, is
in B. c. 216 after the battle of Cannae, when M. uncertain. That there was originally no appeal
Fabius Buteo was nominated dictator for the pur- from the sentence of the dictator is certain, and
pose of filling up the vacancies in the senate, al- accordingly the lictors bore the axes in the fasces
though M. Junius Pera was discharging the regular before them even in the city, as a symbol of their
duties of the dictator; but Fabius resigned on the absolute power over the lives of the citizens, alday of his nomination on the ground that there though by the Valerian law the axes had disapcould not be two dictators at the same time. (Liv. peared from the fasces of the consuls. (Liv. ii. 18,
xxiii. 22, 23; Plut. Fab. 9,) The dictators that 29, iii. 20; Zonar. vii. 13; Dionys. v. 70, 75;
l ere appointed for carrying on the business of the Pompon. de Osrig. Jur. ~ 1 8.) That an appeal afterstate were said to be nominated rei gerzcndae causa, wards lay from their sentence to the people, is
or sometimes seditionis sedandae causa; and upon expressly stated by Festus (s. v. optima lex), and
them, as well as upon the other magistrates, the it has been supposed that this privilege was
imperium was conferred by a Lex Czlriata. (Liv. granted by the lex Valeria Horatia, passed after
ix. 38, 39; Dionys. v. 70.) Dictators were also the abolition of the decemvirate in B. C. 449,
frequently appointed for some special purpose, and which enacted "ne quis ullume magistratum sine
frequently one of small importance, of whom fur- provocatione crearet." (Liv. iii. 15). But eleven
ther mention will be made below. At present we years afterwards the dictatorship is spoken of as a
confine our remarks to the duties and powers of magistratuzs sine provocatione; and the only inthe dictator rei gerundae cause. stance in Livy (viii. 33-34) in which the dictaThe dictatorship was limited to six months (Cic. tor is threatened with provocatio, certainly does
de Leg. iii. 3.; Liv. iii. 29, ix. 34, xxiii. 23; Dio- not prove that this was a legal right; fbr L. Painys. v. 70, x. 25; Dlion Cass.: xxxvi. 17, xlii. 21; pirius, who was then dictator, treated thle prov-: