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Nicholiana Directory 10
Page 09
There is a tendency, not by any means among the greater writers, but among what may be called the epigoni,--the satellites of literature, the men who would be great if they knew how,--to speak of the business of writing as if it were a sacred mystery, pontifically celebrated, something remote and secret, which must be guarded from the vulgar and the profane, and which requires an initiation to comprehend. I always feel rather suspicious of this attitude; it seems to me something of a pose, adopted in order to make other people envious and respectful. It is the same sort of precaution as the "properties" of the wizard, his gown and wand, the stuffed crocodile and the skeleton in the corner; for if there is a great fuss made about locking and double-locking a box, it creates a presumption of doubt as to whether there is anything particular in it. In my nursery days one of my brothers was fond of locking up his private treasures in a box, producing it in public, unfastening it, glancing into it with a smile, and then softly closing it and turning the key in a way calculated to provoke the most intense curiosity as to the contents; but upon investigation it proved to contain nothing but the wool of sheep, dried beans, and cases of exploded cartridges.
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.
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