MOUSEION - Memorial University of Newfoundland

136 F.x. RYAN
the republican constitution is shown by his own continuation in office. 7
but it might be thought that he took religion much more seriously than
the constitution. and that he would have provided for the election of
priests even though he did not arrange for the election of popular
magistrates. In fact. his failure to allow the election of popular magistrates
proves that he was unconcerned about religion: the Judi of the
curule aediles and of the urban praetor had to go forward under
makeshift presidents. 8 Since Caesar was not so concerned about the
public religion as to make sure that the magistrates traditionally responsible
for the various Judi be in place. his concern to fill vacancies
in the priestly colleges could be established only by special pleading. 9
We may consider it an established fact that Nero was not elected to a
pontificate in 46.
The pontificate of Nero is mentioned in two sources. The notice in
Velleius reveals that he was a pontifex in the period after his praetorship
(praetorius et pontifex. 2.75. r). The notice in Suetonius is much
more helpful: pater Tiberi. Nero. quaestor C. Caesaris AJexandrino
4.A.2 (2003) 1-2.
7 The contempt of Caesar for republican electoral procedure is shown by the
election held on the last day of 45. Cicero, everyone remembers, was offended by
the election of a suffect when less than a full day of the term remained: ita
Caninio consuJe scito neminem prandisse (Cic. Fam. 7.30.1). Here Caesar broke
with tradition without breaking the law; he did openly flout legal requirements
by holding the centuriate assembly although auspices had been taken for the
tribal assembly.
8 See Broughton. MRR 2.307 for evidence that the plebeian aediles performed
the Judi Romani in place of their curule counterparts, and OC 43484 for evidence
that the plebeian aediles had earlier performed the Judi MegaJenses; see OC
43.48.3 for evidence that one of the urban prefects superintended the Judi Apollinares
in place of the urban praetor. a. KE. Welch, "The praefectura urbis of 45
B.C. and the ambitions of L. Cornelius Balbus," Antichthon 24 (1990) 59-60 and n
43: since the text of DC clearly states that both aediles had charge of the Mega­
Jenses. she slips in saying that these Judi were conducted "by an unnamed plebeian
aedile."
9 Such evidence as Suetonius (Jul. 20.1,59,77,79,81.2,4) provides for his religious
attitudes is not always datable and sometimes susceptible of differing interpretations:
the argument offered in the text has the merit of being both fairly
clear and datable. Without argument, the conclusion that priestly elections
would not be held apart from popular elections was reached by L.R. Taylor,
"Caesar's colleagues in the Pontifical College," AJP 63 (1942) 406 n. 68; she denied
the election of Octavius to the pontificate in 48 in these words: "The consuls of 47
were not chosen until after Caesar's return to Rome late in 47 .... Since it seems
unlikely that the comitia sacerdotum would have been held in a year when
comitia for the curule magistrates were omitted, I think it probable that Octavius
was not elected to the pontificate until 47. " Broughton (MRR 2.292) later dated the
election of Octavius to 47.