The time for choosing new tribunes was now at hand. The tribunes entered upon their functions on the ninth of December; but for a longer time than we can tell, the elections had been held at the end of June, or in the beginning of July, that the tribunate might never be vacant. As the tribunes took part in the discussions of the senate, and in these Gracchus was treated with a vulgar and most reckless fury, he could easily foresee, that when once out of office, he would be at the mercy of his foes: as _triumvir agrorum dividundorum_, he was not _sacrosanctus_. He therefore tried, in accordance with the laws, to have his tribuneship renewed. This was done very often in the first ages; but it may have fallen into disuse, and thus the party against him have had the plea of prescription on the score of which they might withstand him. When the _prærogativa_ had nominated him, and another tribe had followed on the same side, the opposition declared this vote to be null and void, and demanded that the tribunes should not receive any suffrages for him. Q. Rubrius, a tribune who presided over the election, having become quite at a loss what to do, Mummius, another tribune who had been chosen instead of Octavius, said that Rubrius ought to yield his place to him: on this, as the other tribunes demanded that the matter should be decided by lot, a quarrel arose, and the day passed away without anything being settled. Gracchus already saw that his death was aimed at, and he went about with his child among the people, begging them to stand by him, and to save his life. In the earliest times, the _plebes_ assembled on the forum; but in the war with Hannibal already, it always votes on the _area_ before the temple in the Capitol; I have not yet been able to find out when it was that this change began. It also seems that the votes were now given by word of mouth, and not, as formerly, on tablets, a custom which afterwards the _Lex Cassia_ only restored, so that it is by no means to be looked upon as an innovation, as is generally thought. Professor Wunder has very correctly perceived this. Let no one believe that it is possible to honour Cicero more highly than I do; yet I cannot help saying, that he is to be blamed for all the erroneous notions which are rife on this subject, as well as on so many others. Gracchus now was on the area of the Capitol, and was speaking most movingly to the people, who seemed as if they would uphold him. At any other time of the year, when the country folks were in great numbers in the city, he would undoubtedly have found the strongest protection; but these were away on account of the harvest, and the townspeople were not only lukewarm, but many of them were directly under the influence of the _optimates_. Here also we see how the constitution, owing to circumstances, had become quite different from what it had been formerly under the self-same forms. In the earlier ages, when the territory did not yet reach over