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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.

It is almost impossible to convey in words an idea of the quickness and graceful address of her movements: they may indeed be termed aerial, as she seems merely to touch in her progress the branches among which she exhibits her evolutions. In these feats her hands and arms are the sole organs of locomotion, her body, hanging as if suspended by a rope, sustained by one hand (the right, for example), she launches herself, by an energetic movement, to a distant branch, which she catches with the left hand; but her hold is less than momentary; the impulse for the next launch is acquired; the branch then aimed at is attained by the right hand again, and quitted instantaneously, and so on, in alternate succession. In this manner spaces of twelve and eighteen feet are cleared, with the greatest ease and uninterruptedly, for hours together, without the slightest appearance of fatigue being manifested; and it is evident that, if more space could be allowed, distances very greatly exceeding eighteen feet would be as easily cleared; so that Duvaucel's assertion that he has seen these animals launch themselves from one branch to another, forty feet asunder, startling as it is, may be well credited. Sometimes, on seizing a branch in her progress, she will throw herself, by the power of one arm only, completely round it, making a revolution with such rapidity as almost to deceive the eye, and continue her progress with undiminished velocity. It is singular to observe how suddenly this Gibbon can stop, when the impetus giving by the rapidity and distance of her swinging leaps would seem to require a gradual abatement of her movements. In the very midst of her flight a branch is seized, the body raised, and she is seen, as if by magic, quietly seated on it, grasping it with her feet. As suddenly she again throws herself into action.

Head-shape is really a far more complicated thing to arrive at for purposes of comparison than one might suppose. Since no part of the skull maintains a stable position in regard to the rest, there can be no fixed standard of measurement, but at most a judgment of likeness or unlikeness founded on an averaging of the total proportions. Thus it comes about that, in the last resort, the impression of a good expert is worth in these matters a great deal more than rows of figures. Moreover, rows of figures in their turn take a lot of understanding. Besides, they are not always easy to get. This is especially the case if you are measuring a live subject. Perhaps he is armed with a club, and may take amiss the use of an instrument that has to be poked into his ears, or what not. So, for one reason or another, we have often to put up with that very unsatisfactory single-figure description of the head-form which is known as the cranial index. You take the greatest length and greatest breadth of the skull, and write down the result obtained by dividing the former into the latter when multiplied by 100. Medium-headed people have an index of anything between 75 and 80. Below that figure men rank as long-headed, above it as round-headed. This test, however, as I have hinted, will not by itself carry us far. On the other hand, I believe that a good judge of head-form in all its aspects taken together will generally be able to make a pretty shrewd guess as to the people amongst whom the owner of a given skull is to be placed.


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