3. Another law enacted that the soldiers should be equipped at the expense of the Republic, without the cost being deducted from their pay, as had hitherto been the case.
II. The most important laws designed to diminish the power of the Senate were:
1. 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 Prætor 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.
2. Another law was directed against the arbitrary proceedings of the Senate in the distribution of the provinces. Hitherto the Senate had assigned the provinces to the Consuls after their election, and thus had had it in their power to grant wealthy governments to their partisans, or unprofitable ones to those opposed to them. It was now enacted that, before the election of the Consuls, the Senate should determine the two provinces which the Consuls should have; and that they should, immediately after election, settle between themselves, by lot or otherwise, which province each should take.
These laws raised the popularity of Caius still higher, and he became for a time the absolute ruler of Rome. He was re-elected Tribune for the following year (B.C. 122), though he did not offer himself as a candidate. M. Fulvius Flaccus, who had been Consul in B.C. 125, was also chosen as one of his colleagues. Flaccus, it will be recollected, had proposed in his consulship to give the Roman franchise to the Italian allies, and it was now determined to bring forward a similar measure. Caius therefore brought in a bill conferring the citizenship upon all the Latin colonies, and making the Italian allies occupy the position which the Latins had previously held. This wise measure was equally disliked in the forum and the Senate. Neither the influence nor the eloquence of Gracchus could induce the people to view with satisfaction the admission of the Italian allies to equal rights and privileges with themselves. The Senate, perceiving that the popularity of Gracchus had been somewhat shaken by this measure, employed his colleague, M. Living Drusus—who was noble, well-educated, wealthy, and eloquent—to undermine his influence with the people. With the sanction of the Senate, Drusus now endeavored to outbid Gracchus. He played the part of a demagogue in order to supplant the true friend of the people. He gave to the Senate the credit of every popular law which he proposed, and gradually impressed the people with the belief that the Nobles were their best friends. Gracchus proposed to found two colonies at Tarentum and Capua, and named among the founders some of the most respectable citizens. Drusus introduced a law for establishing no fewer than twelve colonies, and for settling 3000 poor citizens in each. Gracchus, in the distribution of the public land, reserved a rent payable to the public treasury. Drusus abolished even this payment. He also gained the confidence of the people by asking no favor for himself; he took no part in the foundation of colonies, and left to others the management of business in which any money had to be expended. Gracchus, on the other hand, superintended every thing in person; and the people, always jealous in pecuniary matters, began to suspect his motives. During his absence in Africa, whither he had gone as one of the three Commissioners for founding a colony upon the ruins of Carthage, Drusus was able to weaken his popularity still farther. On his return he endeavored in vain to reorganize his party and recover his power. Both he and Flaccus failed in being re-elected Tribunes; while L. Opimius and Q. Fabius, two personal enemies of Gracchus, were raised to the Consulship. The two new Consuls had no sooner entered upon office (B.C. 121) than they resolved to drive matters to extremities. One of the first measures of Opimius was a proposal to repeal the law for colonizing Carthage, because it had been established upon the site which Scipio had cursed. It was evident that a pretext was only sought for taking the life of Gracchus, and Flaccus urged him to repel violence by force. Caius shrunk from this step, but an accident gave his enemies the pretext which they longed for. The tribes had assembled at the Capitol to decide upon the colony at Carthage, when a servant of the Consul Opimius, pushing against Gracchus, insolently cried out, "Make way for honest men, you rascals." Gracchus turned round to him with an angry look, and the man was immediately stabbed by an unknown hand. The assembly immediately broke up, and Gracchus returned home, foreseeing the advantage which this unfortunate occurrence would give to his enemies. The Senate declared Gracchus and Flaccus public enemies, and invested the Consuls with dictatorial powers. During the night Opimius took possession of the Temple of Castor and Pollux, which overlooked the forum; summoned a meeting of the Senate for the following morning, and ordered all the partisans of the Senate to be present, each with two armed slaves. Flaccus seized the Temple of Diana on the Aventine, and distributed arms to his followers: here he was joined by Gracchus. Civil war was thus declared. After some fruitless attempts at negotiation, the Consul proceeded to attack the Aventine. Little or no resistance was made, and Flaccus and Gracchus took to flight, and crossed the Tiber by the Sublician bridge. Gracchus escaped to the Grove of the Furies, accompanied only by a single slave. When the pursuers reached the spot they found both of them dead. The slave had first killed his master and then himself. The head of Gracchus was cut off, and carried to Opimius, who gave to the person who brought it its weight in gold. Flaccus was also put to death, together with numbers of his party. Their corpses were thrown into the Tiber, their houses demolished, and their property confiscated. Even their widows were forbidden to wear mourning. After the bloody work had been finished, the Consul, by order of the Senate, dedicated a temple to Concord!
At a later time statues of the two Gracchi were set up in public places, and the spots on which they fell were declared holy ground; but for the present no one dared to show any sympathy for their fate. Their mother Cornelia retired to Misenum, where she was visited by the most distinguished men. She loved to recount to her guests the story of her noble sons, and narrated their death without showing sorrow or shedding tears, as if she had been speaking of heroes of the olden time.
