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MRAP Directory 09
Page 03
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.
Sylla's orders for the execution of those who had taken an active part against him were not confined to Rome. They went to the neighboring cities and to distant provinces, carrying terror and distress every where. Still, dreadful as these evils were, it is possible for us, in the conceptions which we form, to overrate the extent of them. In reading the history of the Roman empire during the civil wars of Marius and Sylla, one might easily imagine that the whole population of the country was organized into the two contending armies, and were employed wholly in the work of fighting with and massacring each other. But nothing like this can be true. It is obviously but a small part, after all, of an extended community that can be ever actively and personally engaged in these deeds of violence and blood. Man is not naturally a ferocious wild beast. On the contrary, he loves, ordinarily, to live in peace and quietness, to till his lands and tend his flocks, and to enjoy the blessings of peace and repose. It is comparatively but a small number in any age of the world, and in any nation, whose passions of ambition, hatred, or revenge become so strong as that they love bloodshed and war. But these few, when they once get weapons into their hands, trample recklessly and mercilessly upon the rest. One ferocious human tiger, with a spear or a bayonet to brandish, will tyrannize as he pleases over a hundred quiet men, who are armed only with shepherds' crooks, and whose only desire is to live in peace with their wives and their children.
It may be that the barons believed they were demanding nothing in the Great Charter that had not been granted by former kings or that the king was not bound by the law to observe. It may be possible to prove that this belief was historically correct in principle if not in specific form; but the king could not be expected to take the same view of the case. He had been compelled to renounce many things that he had been doing through his whole reign, and some things, as he very well knew, that had been done by his father and brother before him. He may honestly have believed that he had been forced to surrender genuine royal rights. He certainly knew that if he faithfully kept its provisions, the task of raising the necessary money to carry on the government, already not easy, would become extremely difficult if not impossible. It is not likely that John promised to be bound by the charter with any intention of keeping his promise. He had no choice at the moment but to yield, and if he yielded, the forces of the barons would probably scatter, and the chances favour such a recovery of his strength that with the help of the pope he could set the charter aside. At first nothing could be done but to conform to its requirements, and orders were sent throughout the country for the taking of the oath in which all men were to swear to obey the twenty-five barons appointed guardians of the charter. Juries were to be chosen to inquire into grievances, and some of the foreign troops were sent home. Suspicions began to be felt, however, in regard to the intentions of the king during the negotiations concerning details which followed the signing of the charter. A council called to meet at Oxford about the middle of July, he refused to attend. Nor were provocations and violations of the spirit of the charter wanting on the part of the barons. Certain of the party, indeed, "Trans-Humbrians" they are called, probably the extreme enemies of the king, had withdrawn from the conference at Runnymede, and now refused to cease hostilities because they had had no part in making peace. The royal officers were maltreated and driven off, and the king's manors plundered.
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