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Zamua-2 Directory 01
Page 04
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 fact, of course, is that it is just the variety of experience which makes life interesting,--toil and rest, pain and relief, hope and satisfaction, danger and security,--and if we once remove the idea of vicissitude from life, it all becomes an indolent and uninspiring affair. It is the process of change which is delightful, the finding out what we can do and what we cannot, going from ignorance to knowledge, from clumsiness to skill; even our relations with those whom we love are all bound up with the discoveries we make about them and the degree in which we can help them and affect them. What the mind instinctively dislikes is stationariness; and an existence in which there was nothing to escape from, nothing more to hope for, to learn, to desire, would be frankly unendurable.
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