Various attempts were made by the senate to regain control of the
courts, but without success. The lex Livia of M. Livius Drusus (q.v.),
passed with that object, but irregularly and by the aid of violence, was
annulled by the senate itself. In 82 Sulla restored the right of serving
as judices to the senate, to which he elevated 300 of the most
influential equites, whose support he thus hoped to secure; at the same
time he indirectly dealt a blow at the order generally, by abolishing
the office of the censor (immediately revived), in whom was vested the
right of bestowing the public horse. To this period Mommsen assigns the
regulation, generally attributed to Augustus, that the sons of senators
should be knights by right of birth. By the lex Aurelia (70 B.C.) the
judices were to be chosen in equal numbers from senators, equites and
tribuni aerarii (see AERARIUM), (the last-named being closely connected
with the equites), who thus practically commanded a majority. About this
time the influence of the equestrian order reached its height, and
Cicero's great object was to reconcile it with the senate. In this he
was successful at the time of the Catilinarian conspiracy, in the
suppression of which he was materially aided by the equites. But the
union did not last long; shortly afterwards the majority ranged
themselves on the side of Julius Caesar, who did away with the tribuni
aerarii as judices, and replaced them by equites.
Augustus undertook the thorough reorganization of the equestrian order
on a military basis. The _equites equo privato_ were abolished
(according to Herzog, not till the reign of Tiberius) and the term
equites was officially limited to the _equites equo publico_, although
all who possessed the property qualification were still considered to
belong to the "equestrian order." For the _equites equo publico_ high
moral character, good health and the equestrian fortune were necessary.
Although free birth was considered indispensable, the right of wearing
the gold ring (_jus anuli aurei_) was frequently bestowed by the emperor
upon freedmen, who thereby became _ingenui_ and eligible as equites.
Tiberius, however, insisted upon free birth on the father's side to the
third generation. Extreme youth was no bar; the emperor Marcus Aurelius
had been an eques at the age of six. The sons of senators were eligible
by right of birth, and appear to have been known as _equites illustres_.
The right of bestowing the _equus publicus_ was vested in the emperor;
once given, it was for life, and was only forfeitable through
degradation for some offence or the loss of the equestrian fortune.
Public-domain text, read in full here on John Shaqi.
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