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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.

And so the mood of evening is the larger and the wiser mood, because we must think less of ourselves and more of God. In the dawn it seems to us that we have our part to play, and that nothing, not even God, can prevent us from exercising our will upon the life about us; but in the evening we begin to wonder how much, after all, we have the strength to effect; we see that even our desires and impulses have their roots far back in a past which no restlessness of design or energy can touch; till we end by thankfulness that we have been allowed to feel and to experience the current of life at all. I sat the other day by the bedside of an old and gracious lady, the widow of a great artist, whose works with all their shapely form and dusky flashes of rich colour hung on the walls of her room. She had lived for many years in the forefront of a great fellowship of art and endeavour; she had seen and known intimately all the greatest figures in the art and literature of the last generation; and she was awaiting with perfect serenity and dignity the close. She said to me with a deep emotion, "Ah, the only thing that I desire is that I may continue to FEEL--that brings suffering in abundance with it, but while we suffer we are at least alive. Once or twice in my life I have felt the numbness of anguish, when a blow had fallen, and I could not even suffer. That is the only thing which I dread--not death, nor silence, but only the obliteration of feeling and love." That was a wonderful saying, full of life and energy. She did not wish to recall the old days, nor hanker after them with an unsatisfied pain; and I saw that an immortal spirit dwelt in that frail body, like a bird in an outworn cage.

Once more I must caution the reader against expecting to find highly-finished gems of art in the chapels I have been describing. A wooden figure not more than two feet high clogged with many coats of paint can hardly claim to be taken very seriously, and even those few that were cut by Tabachetti himself were not meant to have attention concentrated on themselves alone. As mere wood-carving the Saas-Fee chapels will not stand comparison, for example, with the triptych of unknown authorship in the Church of St. Anne at Gliss, close to Brieg. But, in the first place, the work at Gliss is worthy of Holbein himself: I know no wood-carving that can so rivet the attention; moreover it is coloured with water-colour and not oil, so that it is tinted, not painted; and, in the second place, the Gliss triptych belongs to a date (1519) when artists held neither time nor impressionism as objects, and hence, though greatly better than the Saas-Fee chapels as regards a certain Japanese curiousness of finish and naivete of literal transcription, it cannot even enter the lists with the Saas work as regards elan and dramatic effectiveness. The difference between the two classes of work is much that between, say, John Van Eyck or Memling and Rubens or Rembrandt, or, again, between Giovanni Bellini and Tintoretto; the aims of the one class of work are incompatible with those of the other. Moreover, in the Gliss triptych the intention of the designer is carried out (whether by himself or no) with admirable skill; whereas at Saas the wisdom of the workman is rather of OberAmmergau than of the Egyptians, and the voice of the poet is not a little drowned in that of his mouthpiece. If, however, the reader will bear in mind these somewhat obvious considerations, and will also remember the pathetic circumstances under which the chapels were designed--for Tabachetti when he reached Saas was no doubt shattered in body and mind by his four years' imprisonment--he will probably be not less attracted to them than I observed were many of the visitors both at Saas-Grund and Saas-Fee with whom I had the pleasure of examining them.

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