(a) Hitherto, the list of jurymen for service in the majority of
processes, both civil and criminal, had been composed exclusively of
senators. The result was that charges of corruption and extortion
failed, when brought against members of that order, even in cases where
there was little doubt of their guilt. The popular indignation at such
scandalous miscarriages of justice rendered a change in the composition
of the courts imperative. Apparently Gracchus at first proposed to
create new senators from the equites and to select the jurymen from this
mixed body, but this moderate proposal was rejected in favour of one
more radical (see W.W. Fowler in _Classical Review_, July 1896). By the
lex Sempronia (123 B.C.) the list was to be drawn from persons of free
birth over thirty years of age, who must possess the equestrian census,
and must not be senators. Although this measure was bound to set
senators and equites at variance, it in no way improved the lot of those
chiefly concerned. In fact, it increased the burden of the luckless
provincials, whose only appeal lay to a body of men whose interests were
identical with those of the _publicani_. Provided he left the
tax-gatherer alone, the governor might squeeze what he could out of the
people, while on the other hand, if he were humanely disposed, it was
dangerous for him to remonstrate.
(b) The taxes of Asia had formerly been paid by the inhabitants
themselves in the shape of a fixed sum. Gracchus ordered that the taxes,
direct and indirect, should be increased, and that the farming of them
should be put up to auction at Rome. By this arrangement the provincials
were ignored, and everything was left in the hands of the capitalists.
From this time dates the existence of the equestrian order as an
officially recognized political instrument. When the control of the
courts passed into the hands of the property equites, all who were
summoned to undertake the duties of judices were called equites; the
_ordo judicum_ (the official title) and the _ordo equester_ were
regarded as identical. It is probable that certain privileges of the
equites were due to Gracchus; that of wearing the gold ring, hitherto
reserved for senators; that of special seats in the theatre,
subsequently withdrawn (probably by Sulla) and restored by the lex
Othonis (67 B.C.); the narrow band of purple on the tunic as
distinguished from the broad band worn by the senators.
Public-domain text, read in full here on John Shaqi.
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