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Fantasimus Directory 03
Page 03
Had we not constructed that raft--had we not been on board at that moment--we should have missed the expedition and certainly should have died. Had we been following the bank of the river on foot, we never could have seen the boats nor heard them, as the banks were extremely high, and it was never possible to keep close to the stream when marching in the forest; we always had to keep some hundred metres or so from the water in order to avoid the thick vegetation on the edge of the stream. In fact, Benedicto, who was walking in the forest along the stream, had gone past the boats and had neither heard nor seen them. When we shouted out to him he was already a long distance off, a boat sent out to him by Dom Pedro Nunes having to travel nearly 800 m. before it could get up to him and bring him back.
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.
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