Page:EB1911 - Volume 09.djvu/757

Rh equites-publicani formed a close financial corporation of about 30,000 members, holding an intermediate position between the nobility and the lower classes, keenly alive to their own interests, and ready to stand by one another when attacked. Although to some extent looked down upon by the senate as following a dishonourable occupation, they had as a rule sided with the latter, as being at least less hostile to them than the democratic party. To obtain the support of the capitalists, Gaius Gracchus conceived the plan of creating friction between them and the senate, which he carried out by handing over to them the control (a) of the jury-courts, and (b) of the revenues of Asia.

(a) Hitherto, the list of jurymen for service in the majority of processes, both civil and criminal, had been composed exclusively of senators. The result was that charges of corruption and extortion failed, when brought against members of that order, even in cases where there was little doubt of their guilt. The popular indignation at such scandalous miscarriages of justice rendered a change in the composition of the courts imperative. Apparently Gracchus at first proposed to create new senators from the equites and to select the jurymen from this mixed body, but this moderate proposal was rejected in favour of one more radical (see W. W. Fowler in Classical Review, July 1896). By the lex Sempronia (123 ) the list was to be drawn from persons of free birth over thirty years of age, who must possess the equestrian census, and must not be senators. Although this measure was bound to set senators and equites at variance, it in no way improved the lot of those chiefly concerned. In fact, it increased the burden of the luckless provincials, whose only appeal lay to a body of men whose interests were identical with those of the publicani. Provided he left the tax-gatherer alone, the governor might squeeze what he could out of the people, while on the other hand, if he were humanely disposed, it was dangerous for him to remonstrate.

(b) The taxes of Asia had formerly been paid by the inhabitants themselves in the shape of a fixed sum. Gracchus ordered that the taxes, direct and indirect, should be increased, and that the farming of them should be put up to auction at Rome. By this arrangement the provincials were ignored, and everything was left in the hands of the capitalists.

From this time dates the existence of the equestrian order as an officially recognized political instrument. When the control of the courts passed into the hands of the property equites, all who were summoned to undertake the duties of judices were called equites; the ordo judicum (the official title) and the ordo equester were regarded as identical. It is probable that certain privileges of the equites were due to Gracchus; that of wearing the gold ring, hitherto reserved for senators; that of special seats in the theatre, subsequently withdrawn (probably by Sulla) and restored by the lex Othonis (67 ); the narrow band of purple on the tunic as distinguished from the broad band worn by the senators.

Various attempts were made by the senate to regain control of the courts, but without success. The lex Livia of M. Livius (q.v.), passed with that object, but irregularly and by the aid of violence, was annulled by the senate itself. In 82 Sulla restored the right of serving as judices to the senate, to which he elevated 300 of the most influential equites, whose support he thus hoped to secure; at the same time he indirectly dealt a blow at the order generally, by abolishing the office of the censor (immediately revived), in whom was vested the right of bestowing the public horse. To this period Mommsen assigns the regulation, generally attributed to Augustus, that the sons of senators should be knights by right of birth. By the lex Aurelia (70 ) the judices were to be chosen in equal numbers from senators, equites and tribuni aerarii (see ), (the last-named being closely connected with the equites), who thus practically commanded a majority. About this time the influence of the equestrian order reached its height, and Cicero’s great object was to reconcile it with the senate. In this he was successful at the time of the Catilinarian conspiracy, in the suppression of which he was materially aided by the equites. But the union did not last long; shortly afterwards the majority ranged themselves on the side of Julius Caesar, who did away with the tribuni aerarii as judices, and replaced them by equites.

Augustus undertook the thorough reorganization of the equestrian order on a military basis. The equites equo privato were abolished (according to Herzog, not till the reign of Tiberius) and the term equites was officially limited to the equites equo publico, although all who possessed the property qualification were still considered to belong to the “equestrian order.” For the equites equo publico high moral character, good health and the equestrian fortune were necessary. Although free birth was considered indispensable, the right of wearing the gold ring (jus anuli aurei) was frequently bestowed by the emperor upon freedmen, who thereby became ingenui and eligible as equites. Tiberius, however, insisted upon free birth on the father’s side to the third generation. Extreme youth was no bar; the emperor Marcus Aurelius had been an eques at the age of six. The sons of senators were eligible by right of birth, and appear to have been known as equites illustres. The right of bestowing the equus publicus was vested in the emperor; once given, it was for life, and was only forfeitable through degradation for some offence or the loss of the equestrian fortune.

Augustus divided the equites into six turmae (regarded by Hirschfeld as a continuation of the sex suffragia). Each was under the command of a sevir, who was appointed by the emperor and changed every year. During their term of command the seviri had to exhibit games (ludi sevirales). Under these officers the equites formed a kind of corporation, which, although not officially recognized, had the right of passing resolutions, chiefly such as embodied acts of homage to the imperial house. It is not known whether the turmae contained a fixed number of equites; there is no doubt that, in assigning the public horse, Augustus went far beyond the earlier figure of 1800. Thus, Dionysius of Halicarnassus mentions 5000 equites as taking part in a review at which he himself was present.

As before, the equites wore the narrow, purple-striped tunic, and the gold ring, the latter now being considered the distinctive badge of knighthood. The fourteen rows in the theatre were extended by Augustus to seats in the circus.

The old recognitio was replaced by the probatio, conducted by the emperor in his censorial capacity, assisted by an advisory board of specially selected senators. The ceremony was combined with a procession, which, like the earlier transvectio, took place on the 15th of July, and at such other times as the emperor pleased. As in earlier times, offenders were punished by expulsion.

In order to provide a supply of competent officers, each eques was required to fill certain subordinate posts, called militiae equestres. These were (1) the command of an auxiliary cohort; (2) the tribunate of a legion; (3) the command of an auxiliary cavalry squadron, this order being as a rule strictly adhered to. To these Septimius Severus added the centurionship. Nomination to the militiae equestres was in the hands of the emperor. After the completion of their preliminary military service, the equites were eligible for a number of civil posts, chiefly those with which the emperor himself was closely concerned. Such were various procuratorships; the prefectures of the corn supply, of the fleet, of the watch, of the praetorian guards; the governorships of recently acquired provinces (Egypt, Noricum), the others being reserved for senators. At the same time, the abolition of the indirect method of collecting the taxes in the provinces greatly reduced the political influence of the equites. Certain religious functions of minor importance were also reserved for them. In the jury courts, the equites, thanks to Julius Caesar, already formed two-thirds of the judices; Augustus, by excluding the senators altogether, virtually gave them the sole control of the tribunals. One of the chief objects of the emperors being to weaken the influence of the senate by the opposition of the equestrian order, the practice was adopted of elevating those equites who had reached a certain stage in their career to the rank of senator by adlectio. Certain official posts, of which it would have been inadvisable to deprive senators, could thus be bestowed upon the promoted equites.

The control of the imperial correspondence and purse was