the senate, began in 177 to be shared by the people.[1546] Similar in character to the special judiciary commission appointed by the senate, but far more sweeping in effect, was the senatus consultum ultimum (“videant consules, ne quid respublica detrimenti capiat”), which in crises armed the consuls with absolute power of life and death over the citizens.[1547] By these means the senate at its pleasure circumvented the laws of appeal on the plea that the accused had ceased to be citizens.[1548] Against this abuse Ti. Gracchus planned a new law of appeal, which he did not live to see enacted.[1549] His own followers were ruthlessly condemned without the privilege of appeal by an extraordinary quaestio under P. Popillius Laenas, consul in 132.[1550] Probably a similar court was appointed after the revolt of Fregellae.[1551] To put an end to such circumvention of a well-established right of the people, C. Gracchus in his first tribunate, 123, carrying into effect the plan of his brother, passed the often mentioned lex Sempronia de provocatione, which absolutely forbade capital sentence upon a citizen without an order of the people.[1552] The wording indicates that it was intended not to do away with extraordinary courts and powers, but to allow their establishment in no other way than by popular vote.[1553] It reiterated, too, the article of the Porcian statute which absolutely forbade the infliction of the death penalty on civilians.[1554] Far, however, from transferring the jurisdiction of the assembly to the quaestiones, the Sempronian law evidently confirmed the right of the people by enacting that the tribunes might bring the violator of that law before the comitia on a charge of perduellio, for which it mentioned the penalty of interdict from fire and water.[1555] It held responsible not only the magistrate charged with the extraordinary commission, but probably also the senator who moved or supported the measure which called it into being.[1556] The entire Sempronian law was made retroactive, so as to cover the case of Popillius, who thereupon fled into exile to avoid trial. The interdict was accordingly decreed by the tribes on the motion of Gaius.[1557] Rupilius, the colleague of Popillius, seems to have suffered a similar punishment.[1558] In 120 the tribune Decius prosecuted for perduellio L. Opimius, who, as consul in 121, armed with the senatus consultum ultimum, had caused the death of C. Gracchus. The accused was acquitted.[1559] Ihne[1560] considers this prosecution to have been instigated by the optimates in order to settle once for all and in their favor the question as to the legality of special courts which were called into being by an act of the senate alone. In that case acquittal was a foregone conclusion. In 119 the popular party met with greater success in the prosecution of C. Papirius Carbo, whom it hated as a renegade.[1561] The charge was probably perduellio, though the details are unknown.[1562]