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Chapter Oh One, Page A

 

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Baldor
Chapter One, Page A

War was now inevitable; but the incapacity of Sp. Postumius Albinus, who arrived to conduct it (B.C. 110), and still more that of his brother Aulus, whom he left to command in his absence, when called away to hold the elections at Rome, proved as favorable to Jugurtha as the corruption of their predecessors. Aulus, having penetrated into the heart of Numidia, suffered himself to be surprised in his camp; great part of his army was cut to pieces, and the rest only escaped a similar fate by the ignominy of passing under the yoke. But Jugurtha had little reason to rejoice in this success, great as it might at first appear; for the disgrace at once roused all the spirit of the Roman people; the treaty concluded by Aulus was instantly annulled, immense exertions made to raise troops, and one of the Consuls for the new year (B.C. 109), Q. Caecilius Metellus, hastened to Numidia to retrieve the honor of the Roman arms. But this did not satisfy the people. The scandalous conduct of so many of the Nobles had given fresh life to the popular party; and the Tribune C. Mamilius carried a bill for the appointment of three Commissioners to inquire into the conduct of all of those who had received bribes from Jugurtha. Scaurus, though one of the most guilty, managed to be put upon the Commission. But he dared not shield his confederates. Many men of the highest rank were condemned, among whom were Bestia, Albinus, and Opimius. The last named was the Opimius who acted with such ferocity toward Caius Gracchus and his party. He died in exile at Dyrrhachium some years afterward, in great poverty.

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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