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Gallegallo Revbrandia Sectory 18
Page 10
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.
Somewhat higher than the fish in the scale of life is the frog. Although he begins life as a fish, and in the tadpole state breathes by gills, he soon discards the water-diluted air of the pond, and with perfect lungs boldly inhales the pure air of the upper world. His life as a tadpole, although so fish-like, is much inferior to true fish life: for though the fish has not the perfect lung, he has a modification of it which he fills with air, not for breathing purposes, but as an air-sac to make him float like a bubble in the water. Will he rise to the surface? he inflates the air-bladder. Will he sink to the bottom? he compresses the air-bladder. But in the frog the air-bladder changes into the lungs, and is never the delicate balloon which floats the fish in aqueous space. When the frog's lungs are perfected, his gills close, and he forever abandons fish-life, though being a cold-blooded creature he needs comparatively little air, and delights to return to his childhood's home in the bottom of the pond. But although he can stay under water for a long time, he is obliged to hold his breath while there, and when he would breathe must come to the surface to do so. It is possible to drown him by holding him under water.
The men of the Caves supported life by hunting. But a very small part of their food supplies could have been drawn from the vegetable kingdom. When the climate was so severe that Alpine mosses grew at Schussenreid, acorns and like nuts would be about all they could procure from that source. The animals hunted by the Cave-men were principally reindeer, horses, bisons, and, occasionally mammoths and woolly rhinoceros. But they were not very choice in this matter, as they readily accepted as food any animal they could obtain by force or cunning. Wolves and foxes were not rejected, and in one cave large numbers of the bones of the common water rat were obtained. We know what animals were used as food, because we find their bones split for the purpose of procuring the marrow they contained. This was evidently to them a nutritious article of diet, since they were careful to open all the bones containing it, and bones so split are frequently the only means of detecting the former presence of man in some bone caves.
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