The Gracchi Marius and Sulla: Epochs of Ancient History — John Shaqi
The Gracchi Marius and Sulla: Epochs of Ancient HistoryBeesly, A. H. (Augustus Henry)
History
The Gracchi Marius and Sulla: Epochs of Ancient History
Beesly, A. H. (Augustus Henry)
Rome -- History -- Republic, 265-30 B.C.
remedy for the pauperism which not Caius, but senatorial misgovernment
had brought about. No doubt it conferred popularity on Caius, and no
doubt his popularity was acceptable to him; but there is no ground for
believing that his noble nature deliberately stooped to demoralise the
mob for selfish motives.
[Sidenote: His Lex Judiciaria.] One great party, however, he had thus
won over to his side. The Lex Judiciaria gained over the equites
also. It has been before explained that the equites at this time were
non-senatorial rich men. Senators were forbidden by law to mix in
commerce, though no doubt they evaded the law. Between the senatorial
and moneyed class there was a natural ill-will, which Caius proceeded
to use and increase. His exact procedure we do not know for certain.
According to some authorities he made the judices eligible from the
equites only, instead of from the Senate. In the epitome of Livy it is
stated that 600 of the equites were to be added to the number of the
senators, so that the equites should have twice as much power as the
Senate itself. This at first sight seems nonsense. But Caius may have
proposed that for judicial purposes 600 equites should form, as it
were, a second chamber, which, being twice as numerous, would permit
two judices for every senatorial judex. In form he may have devised
that 'counter-senate,' which, as it has been shown, he in fact
created. [Sidenote: The effects of it. The Senate abased, the equites
exalted.] But whether Caius provided that all the judices or only
two-thirds of them should be chosen from the equites, and in whatever
way he did so, he did succeed in exalting the moneyed class and
abasing the Senate. In civil processes, and in the permanent and
temporary commissions for the administration of justice, the equites
were henceforth supreme. Even the senators themselves depended on
their verdict for acquittal or condemnation, and the chief power in
the State had changed hands. Of course the change would not be felt
at once to the full; but this was the most trenchant stroke which
Gracchus aimed at the Senate's power. Here, again, it is customary to
write of his actions as if they were governed solely by feeling, quite
apart from all considerations of right and wrong. But Cicero declares
that for nearly fifty years, while the equites discharged this office,
there was not even the slightest suspicion of a single eques being
bribed in his capacity as judex; and after every allowance has been
made for Ciceronian exaggeration, the statement may at least warrant
us in believing that Gracchus had some reason for hoping that his
change would be a change for the better, even if, as Appian declares,
it turned out in the end just the opposite. Indeed, it is beyond
question that, as the provinces were governed by the senatorial class,
judices who had to decide cases like those of Cotta would be more
fairly chosen from the equites than from the class to which Cotta
belonged.
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