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Melbourne was full of prejudices and whims and hatreds, but his charity was boundless, and he always had a good word for an enemy. He excused the career of Henry VIII to the Queen by saying, "You see, those women bothered him so." And when he was superseded by Peel, he combated the Queen's dislike of her new premier, and did his best to put Peel in a favourable light. When Peel made his first appearance at Windsor, shy and awkward, and holding himself like a dancing-master, it was Melbourne who broke the awkward pause by going up to Peel, and saying in an undertone, "For God's sake, go and talk to the Queen!" When I was privileged to work through all Melbourne's letters to the Queen, so carefully preserved and magnificently bound, I was greatly touched by the sweetness and tenderness of them, the gentle ironical flavour, the delicate freedom, and the little presents and remembrances they exchanged up to the end.

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.

Twenty-three years elapsed between the First and Second Punic Wars. The power of Carthage, though crippled, was not destroyed; and Hamilcar returned home, burning with hatred against Rome, and determined to renew the war upon a favorable opportunity. But a new and terrible danger threatened Carthage upon her own soil. The mercenary troops, who had been transported from Sicily to Africa at the conclusion of the war, being unable to obtain their arrears of pay, rose in open mutiny. Their leaders were Spendius, a runaway Campanian slave, and Matho, a Libyan. They were quickly joined by the native Libyans, and brought Carthage almost to the brink of destruction. They laid waste the whole country with fire and sword, made themselves masters of all the towns except the capital, and committed the most frightful atrocities. Carthage owed her safety to the genius and abilities of Hamilcar. The struggle was fierce and sanguinary, but was at length brought to a successful issue, after it had lasted more than three years, by the destruction of all the mercenaries. It was called the War without Peace, or the Inexpiable War (B.C. 238).



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