A Smaller History of Rome: from the Earliest Times to the Establishment of the EmpireSmith, William
History
A Smaller History of Rome: from the Earliest Times to the Establishment of the Empire
Smith, William
Rome -- History
1. 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.
2. Another law was directed against the arbitrary proceedings of the
Senate in the distribution of the provinces. Hitherto the Senate had
assigned the provinces to the Consuls after their election, and thus had
had it in their power to grant wealthy governments to their partisans,
or unprofitable ones to those opposed to them. It was now enacted that,
before the election of the Consuls, the Senate should determine the two
provinces which the Consuls should have; and that they should,
immediately after election, settle between themselves, by lot or
otherwise, which province each should take.
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