24 WORKMEN AND HEROES tion to it by throwing an apple of discord between the two superior orders. The high judicial functions in the commonwealth had been hitherto a senatorial mo- nopoly. All cases of importance, civil or criminal, came before courts of sixty or seventy jurymen, who, as the law stood, must be necessarily senators. The privi- lege had been extremely lucrative. The corruption of justice was already notori- ous, though it had not yet reached the level of infamy which it attained in an- other generation. It was no secret that in ordinary causes jurymen had sold their verdicts, and, far short of taking bribes in the direct sense of the word, there were many ways in which they could let themselves be approached, and their fa- vor purchased. A monopoly of privileges is always invidious. A monopoly in the sale of justice is alike hateful to those who abhor iniquity on principle, and to those who would like to share the profits of it. But this was not the worst The governors of the provinces, being chosen from those who had been consuls or praetors, were necessarily members of the Senate. Peculation and extortion in these high functions were offences, in theory, of the gravest kind ; but the of- fender could only be tried before a limited number of his peers, and a governor who had plundered a subject state, sold justice, pillaged temples, and stolen all that he could lay hands on, was safe from punishment if he returned to Rome a millionnaire and would admit others to a share in his spoils. The provincials might send deputations to complain, but these complaints came before men who had themselves governed provinces, or else aspired to govern them. It had been proved in too many instances that the law which professed to protect them was a mere mockery. Caius Gracchus secured the affections of the knights to himself, and some slightly increased chance of an improvement in the provincial administration, by carrying a law in the Assembly disabling the senators from sitting on juries of any kind from that day forward, and transferring the judicial functions to the Equites. How bitterly must such a measure have been resented by the Senate, which at once robbed them of their protective and profitable privileges, handed them over to be tried by their rivals for their pleasant irregularities, and stamped them at the same time with the brand of dishonesty ! How certainly must such a measure have been deserved when neither consul nor tribune could be found to interpose his vote ! Supported by the grateful knights, Caius Gracchus was for the moment all-powerful. It was not enough to restore the Agrarian law. He passed another aimed at his brother's murderers, which was to bear fruit in later years, that no Roman citizen might be put to death by any person, however high in authority, without legal trial, and without appeal, if he chose to make it, to the sovereign people. A blow was thus struck against another right claimed by the Senate, of declaring the Republic in danger, and the temporary suspension of the constitution. These measures might be excused, and perhaps commended; but the younger Gracchus connected his name with another change less com- mendable, which was destined also to survive and bear fruit. He brought forward and carried through, with enthusiastic clapping of every pair of hands in Rome that were hardened with labor, a proposal that there should be public granaries
