The Pontifex Maximus, though created by the suffrage of the people, was always taken from the College of Pontiffs, and his office was perpetual. Augustus would not take it from Lepidus during his life, though he took it after his death. Thus the power of the Supreme Pontiff was by no means confused with that of the magistrate or the prince; and the assumption of this priesthood by the Cæsars makes it evident that they recognised it not to be part of the prince's power to intrude into matters of religion; and that they needed a sacerdotal power in order to superintend sacred things. It was for the sake of this superintendence, Dio observes, that the emperor always assumed the office of Pontifex Maximus, in virtue of which he became master of all religious and sacred things.
The example of Cicero pleading before the College of Pontifices for the restoration of his house, which had been dedicated by Clodius to Concord, a plea involving their power to revoke a tribunicial law passed by Clodius, is a remarkable testimony to the pontifical authority: "If ever," he said, "a great cause rested on the judgment and power of the Priests of the Roman people, it is this; in which all the dignity of the commonwealth, the safety, the life, the liberty, the public and private worship, the household gods, the goods, the fortunes, and the homes of all seem intrusted to your wisdom and integrity."[16]
The fair conclusions from these facts, says Bianchi again, are that the Romans knew religion to be directed to a higher end than temporal felicity, though they did esteem it also necessary for the preservation of the State; that the power of the priesthood was distinct from the civil power of the magistrate; that it had the right to judge in all cases of religion without interference from the magistrate; that immunity and exemption from the civil power belonged to it.
It is needless to go through the various nations of antiquity in order to show the veneration which everywhere belonged to the office of the priest. That is shown likewise in the frequent connection of the royal power with the priesthood; but though thus connected, they were not confused; kings were priests, not in virtue of their kingship, but by a distinct appointment. Plato asserts that in some nations the priesthood was reputed so excellent that it was not considered to be properly placed save in the person of the king; and that among the Egyptians it was not lawful for any king to command the people without being first consecrated to the priesthood. By this fact is seen how the sacerdotal dignity was esteemed by antiquity, even in the darkness of idolatry; and, at the same time, how the power of the priest was considered to be distinct from the power of the sovereign. Plato gives his own judgment when he says that the creation of priests should be left to the care of God; and that they should be elected by lot, in order that the person destined to so high an office may be divinely chosen.[17]