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This Book List Sectory 22
Page 01
The law by which the Judices were to be taken only from the Equites, and not from the Senators, as had been the custom hitherto. This was a very important enactment, and needs a little explanation. All offenses against the state were originally tried in the Popular Assembly; but when special enactments were passed for the trial of particular offenses, the practice was introduced of forming a body of Judices for the trial of these offenses. This was first done upon the passing of the Calpurnian Law (B.C., 149) for the punishment of provincial magistrates for extortion in their government (_De Repetendis_). Such offenses had to be tried before the Praetor and a jury of Senators; but as these very Senators either had been or hoped to be provincial magistrates, they were not disposed to visit with severity offenses of which they themselves either had been or were likely to be guilty. By depriving the Senators of this judicial power, and by transferring it to the Equites, Gracchus also made the latter a political order in the state apart from their military character. The name of Equites was now applied to all persons who were qualified by their fortune to act as Judices, whether they served in the army or not. From this time is dated the creation of an _Ordo Equestris_, whose interests were frequently opposed to those of the Senate, and who therefore served as a check upon the latter.
The night passed on, and though the king's mind was relieved, he suffered much bodily agony. In the morning, when he perceived that it was light, he asked the attendants to open the curtains, that he might see the sun for the last time. It gave him but a momentary pleasure, for he was restless and in great suffering. Some pains which he endured increased so much that it was decided to bleed him. The operation relieved the suffering, but exhausted the sufferer's strength so that he soon lost the power of speech, and lay afterward helpless and almost insensible, longing for the relief which now nothing but death could bring him. This continued till about noon, when he ceased to breathe.
The ancient times, do set forth in figure, both the incorporation, and inseparable conjunction, of counsel with kings, and the wise and politic use of counsel by kings: the one, in that they say Jupiter did marry Metis, which signifieth counsel; whereby they intend that Sovereignty, is married to Counsel: the other in that which followeth, which was thus: They say, after Jupiter was married to Metis, she conceived by him, and was with child, but Jupiter suffered her not to stay, till she brought forth, but eat her up; whereby he became himself with child, and was delivered of Pallas armed, out of his head. Which monstrous fable containeth a secret of empire; how kings are to make use of their counsel of state. That first, they ought to refer matters unto them, which is the first begetting, or impregnation; but when they are elaborate, moulded, and shaped in the womb of their counsel, and grow ripe, and ready to be brought forth, that then they suffer not their counsel to go through with the resolution and direction, as if it depended on them; but take the matter back into their own hands, and make it appear to the world, that the decrees and final directions (which, because they come forth, with prudence and power, are resembled to Pallas armed) proceeded from themselves; and not only from their authority, but (the more to add reputation to themselves) from their head and device.
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