being of the two consuls—was not withdrawn
from it; but the indirect pressure hitherto exercised
in this way over the supreme magistrates was limited
by directing the senate to fix these functions before
the consuls concerned were elected. With unrivalled
activity, lastly, Gaius concentrated the most varied
and most complicated functions of government in his
own person. He himself watched over the distribution
of grain, selected the jurymen, founded the colonies
in person notwithstanding that his magistracy legally
chained him to the city, regulated the highways and
concluded building-contracts, led the discussions
of the senate, settled the consular elections—in
short, he accustomed the people to the fact that one
man was foremost in all things, and threw the lax
and lame administration of the senatorial college
into the shade by the vigour and versatility of his
personal rule. Gracchus interfered with the judicial
omnipotence, still more energetically than with the
administration, of the senate. We have already
mentioned that he set aside the senators as jurymen;
the same course was taken with the jurisdiction which
the senate as the supreme administrative board allowed
to itself in exceptional cases. Under severe
penalties he prohibited— apparently in
his renewal of the law -de provocatione-(24)—the
appointment of extraordinary commissions of high treason
by decree of the senate, such as that which after
his brother’s murder had sat in judgment on
his adherents. The aggregate effect of these
measures was, that the senate wholly lost the power
of control, and retained only so much of administration
as the head of the state thought fit to leave to it.
But these constitutive measures were not enough; the
governing aristocracy for the time being was also directly
assailed. It was a mere act of revenge, which
assigned retrospective effect to the last-mentioned
law and thereby compelled Publius Popillius—the
aristocrat who after the death of Nasica, which had
occurred in the interval, was chiefly obnoxious to
the democrats—to go into exile. It
is remarkable that this proposal was only carried by
18 to 17 votes in the assembly of the tribes—a
sign how much the influence of the aristocracy still
availed with the multitude, at least in questions
of a personal interest. A similar but far less
justifiable decree—the proposal, directed
against Marcus Octavius, that whoever had been deprived
of his office by decree of the people should be for
ever incapable of filling a public post—was
recalled by Gaius at the request of his mother; and
he was thus spared the disgrace of openly mocking
justice by legalizing a notorious violation of the
constitution, and of taking base vengeance on a man
of honour, who had not spoken an angry word against
Tiberius and had only acted constitutionally and in
accordance with what he conceived to be his duty.
But of very different importance from these measures
was the scheme of Gaius—which, it is true,
was hardly carried into effect— to strengthen
the senate by 300 new members, that is, by just about
as many as it hitherto had contained, and to have
them elected from the equestrian order by the comitia—a
creation of peers after the most comprehensive style,
which would have reduced the senate into the most
complete dependence on the chief of the state.