Book XI.
Chap. 18.this was not sufficient to counter-balance the weight of the People. It was necessary that they should have a share in the judiciary power; and accordingly they had a share when the judges were chosen from among the senators. But when the Gracchi deprived the senators of the power of judging[1], the senate were no longer able to withstand the people. To favour therefore the liberty of the subject they struck at the liberty of the constitution: but the former perished with the latter.
Infinite were the mischiefs that from thence arose. The constitution was changed at a time when the fire of civil discords had scarce left any such thing as a constitution. The knights were no longer that middle order which united the people to the senate; the chain of the constitution was broke.
There were even particular reasons against transferring the judiciary power to the equestrian order. The constitution of Rome was founded on this principle, that none should be enlisted as soldiers but such as were men of sufficient property to answer for their conduct to the republic. The knights as persons of the greatest property formed the cavalry of the legions. But when their dignity increased, they refused to serve any longer in that capacity; and another kind or cavalry was obliged to be raised: thus Marius enlisted all forts of people into his army, and soon after the republic was lost[2].
Besides, the knights were the farmers of the public revenues; a set of rapacious men; who sowed new miseries amongst a miserable people, and made a sport of the public calamity. Instead of giving to such men as those the power of judging, they ought to have been constantly under the eye of the
