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Replagegos Omnifurian Directory 12
Page 02
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.
The great duchy founded three hundred years before on the colonization of the Northmen, always one of the mightiest of the feudal states of France, all the dominions which the counts of Anjou had struggled to bring together through so many generations, the disputed claims on Maine and Britanny recognized now for a long time as going with Normandy, a part even of the splendid possessions of the dukes of Aquitaine;--all these in little more than two years Philip had transferred from the possession of the king of England to his own, and all except Britanny to the royal domain. If we consider the resources with which he began to reign, we must pronounce it an achievement equalled by few kings. For the king of England it was a corresponding loss in prestige and brilliancy of position. John has been made to bear the responsibility of this disaster, and morally with justice; but it must not be forgotten that, as the modern nations were beginning to take shape and to become conscious of themselves, the connexion with England would be felt to be unnatural, and that it was certain to be broken. For England the loss of these possessions was no disaster; it was indeed as great a blessing as to France. The chief gain was that it cut off many diverting interests from the barons of England, just at a time when they were learning to be jealous of their rights at home and were about to enter upon a struggle with the king to compel him to regard the law in his government of the country, a struggle which determined the whole future history of the nation.
According to the accounts given in the chronicles of the times, the negotiations were opened in the following manner: One day the Portuguese ambassador at London came to a certain high officer of the king's household, and introduced the subject of his majesty's marriage, saying, in the course of the conversation, that he thought the Princess Catharine of Portugal would be a very eligible match, and adding moreover, that he was authorized to say that, with the lady, very advantageous terms could be offered. Charles said he would think of it. This gave the ambassador sufficient encouragement to induce him to take another step. He obtained an audience of Charles the next day, and proposed the subject directly for his consideration. The ambassador knew very well that the question would turn, in Charles's mind, on the pecuniary and political advantages of the match; so he stated at once what they would be. He was authorized to offer, he said, the sum of five hundred thousand pounds [Footnote: Equal to two or three millions of dollars.] as the princess's portion, and to surrender to the English crown various foreign possessions, which had, till then, belonged to the Portuguese. One of the principal of these was the island of Bombay in the East Indies. Another was Tangier, a port in Africa. The English did not, at that time, hold any East Indian territories. He likewise offered to convey to the English nation the right of trading with the great South American country of Brazil, which then pertained to the Portuguese crown.
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