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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.

These great reforms naturally excited the most violent opposition, and the Patricians induced some of the Plebeians to put their veto upon the measures of their colleagues. But Licinius and Sextius were not to be baffled in this way, and they exercised their veto by preventing the Comitia of the Centuries from electing any magistrates for the next year. Hence no Consuls, Military Tribunes, Censors, or Quaestors could be appointed; and the Tribunes of the Plebs and the AEdiles, who were elected by the Comitia of the Tribes, were the only magistrates in the state. For five years did this state of things continue. C. Licinius and L. Sextius were re-elected annually, and prevented the Comitia of the Centuries from appointing any magistrates. At the end of this time they allowed Military Tribunes to be chosen in consequence of a war with the Latins; but so far were they from yielding any of their demands, that to their former Rogations they now added another: That the care of the Sibylline books, instead of being intrusted to two men (duumviri), both Patricians, should be given to ten men (decemviri), half of whom should be Plebeians.

And I will then try and establish a second proposition, namely, that we are intimately concerned with the condition of Europe, and are daily becoming more so, owing to processes which have become an integral part of our fight against nature, of the feeding and clothing of the world; that we cannot much longer ignore the effects of those tendencies which bind us to our neighbors; that the elementary consideration of self-protection will sooner or later compel us to accept the facts and recognize our part and lot in the struggles of Christendom; and that if we are wise, we shall not take our part therein reluctantly, dragged at the heels of forces we cannot resist, but will do so consciously, anticipating events. In other words, we shall take advantage of such measure of detachment as we do possess, to take the lead in a saner organization of western civilization; we shall become the pivot and centre of a new world State.

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