that the equites should have twice as much power as
the Senate itself. This at first sight seems
nonsense. But Caius may have proposed that for
judicial purposes 600 equites should form, as it were,
a second chamber, which, being twice as numerous, would
permit two judices for every senatorial judex.
In form he may have devised that ‘counter-senate,’
which, as it has been shown, he in fact created. [Sidenote:
The effects of it. The Senate abased, the equites
exalted.] But whether Caius provided that all the judices
or only two-thirds of them should be chosen from the
equites, and in whatever way he did so, he did succeed
in exalting the moneyed class and abasing the Senate.
In civil processes, and in the permanent and temporary
commissions for the administration of justice, the
equites were henceforth supreme. Even the senators
themselves depended on their verdict for acquittal
or condemnation, and the chief power in the State
had changed hands. Of course the change would
not be felt at once to the full; but this was the
most trenchant stroke which Gracchus aimed at the
Senate’s power. Here, again, it is customary
to write of his actions as if they were governed solely
by feeling, quite apart from all considerations of
right and wrong. But Cicero declares that for
nearly fifty years, while the equites discharged this
office, there was not even the slightest suspicion
of a single eques being bribed in his capacity as
judex; and after every allowance has been made for
Ciceronian exaggeration, the statement may at least
warrant us in believing that Gracchus had some reason
for hoping that his change would be a change for the
better, even if, as Appian declares, it turned out
in the end just the opposite. Indeed, it is beyond
question that, as the provinces were governed by the
senatorial class, judices who had to decide cases
like those of Cotta would be more fairly chosen from
the equites than from the class to which Cotta belonged.
[Sidenote: The taxation of Asia.] We know little
of the arrangements for the taxation of Asia made
by Gracchus. He provided that the taxes should
be let by auction at Rome, which would undoubtedly
be a boon to the Roman capitalists and a check to
provincial competition. He is said also to have
substituted the whole system of direct and indirect
taxes for the previously existing system of fixed payments
by the various states. There was a certain narrowness
about the conceptions of both the Gracchi with regard
to the transmarine world, which was common to all
Romans; to which, for instance, Tiberius gave expression
when he spoke of the conquest of the whole world as
a thing which his audience had a right to expect;
and this sentiment may have in this instance influenced
Caius to use harshness. [Sidenote: The common
criticism on the measure of Caius unjust.] But even
here to condemn without more knowledge of his measures
would be unjust. Fixed payments it must be remembered
were not always preferable to tithes of the produce.