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Carbelide Nelicanya Sectory 01
Page 01
The law by which the Judices were to be taken only from the Equites, and not from the Senators, as had been the custom hitherto. This was a very important enactment, and needs a little explanation. All offenses against the state were originally tried in the Popular Assembly; but when special enactments were passed for the trial of particular offenses, the practice was introduced of forming a body of Judices for the trial of these offenses. This was first done upon the passing of the Calpurnian Law (B.C., 149) for the punishment of provincial magistrates for extortion in their government (_De Repetendis_). Such offenses had to be tried before the Praetor and a jury of Senators; but as these very Senators either had been or hoped to be provincial magistrates, they were not disposed to visit with severity offenses of which they themselves either had been or were likely to be guilty. By depriving the Senators of this judicial power, and by transferring it to the Equites, Gracchus also made the latter a political order in the state apart from their military character. The name of Equites was now applied to all persons who were qualified by their fortune to act as Judices, whether they served in the army or not. From this time is dated the creation of an _Ordo Equestris_, whose interests were frequently opposed to those of the Senate, and who therefore served as a check upon the latter.
Whether the universe is really a paying concern, or whether it is an inflated bubble that must burst sooner or later, this is another matter. If people were to demand cash payment in irrefragable certainty for everything that they have taken hitherto as paper money on the credit of the bank of public opinion, is there money enough behind it all to stand so great a drain even on so great a reserve? Probably there is not, but happily there can be no such panic, for even though the cultured classes may do so, the uncultured are too dull to have brains enough to commit such stupendous folly. It takes a long course of academic training to educate a man up to the standard which he must reach before he can entertain such questions seriously, and by a merciful dispensation of Providence, university training is almost as costly as it is unprofitable. The majority will thus be always unable to afford it, and will base their opinions on mother wit and current opinion rather than on demonstration.
We now turn to the external history of Rome. Under the kings Rome had risen to a superiority over her neighbors, and had extended her dominion over the southern part of Etruria and the greater part of Latium. The early history of the republic presents a very different spectacle. For the next 100 years she is engaged in a difficult and often dubious struggle with the Etruscans on the one hand, and the Volscians and AEquians on the other. It would be unprofitable to relate the details of these petty campaigns; but there are three celebrated legends connected with them which must not be passed over.
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