66

Ç H A P. remitted in some auspicious circumstance of their XL. reign, the arrears of the public tribute ; and they

; dexterously assumed the merit of resigning those claims which it was impracticable to enforce.

Justinian' in the space of thirty-two years has “ never granted a similar indulgence ; and many “ of his subjects have renounced the possession of " those lands whose value is insufficient to satisfy “ the demands of the treasury. To the cities “ which had suffered by hostile inroads, Anas

tasius promised a general exemption of seven years : the provinces of Justinian have been ravaged by the Persians and Arabs, the Huns and

Sclavonians; but his vain and ridiculous dispen“ sation of a single year has been confined to those

places which were actually taken by the enemy." Such is the language of the secret historian, who expressly denies that any indulgence was granted to Palestine after the revolt of the Samaritans; a false and odious charge, confuted by the authentic record, which attests a relief of thirteen centenaries of gold (fifty-two thousand pounds) obtained for that desolate province by the intercession of St. Sebas *. III. Procopius has not condescended to explain the system of taxation, which fell like a hail-storm upon the land, like a devouring pestilence on its inhabitants"; but we should become the accomplices of his malignity, if we imputed to Justinian alone the ancient though

a

XL.

Taxes.

rigorous principle, that a whole district should be cH A P. condemned to sustain the partial loss of the persons or property of individuals. The Anona, or supply of corn for the use of the army and capital, was a grievous and arbitrary exaction, which exceeded, perhaps in a tenfold proportion, the ability of the farmer; and his distress was aggravated by the partial injustice of weights and measures, and the expence and labour of distant carriage. In a' time of scarcity an extraordinary requisition was made to the 'adjacent provinces of Thrace, Bythinia, and Phrygia: but the proprietors, after a wearisome journey and a perilous navigation, received so inadequate a compensation, that they would have chosen the alternative of delivering both the corn and price at the doors of their granaries. These precautions might indicate a tender solicitude for the welfare of the capital ; yet Constantinople did not escape the rapacious despotism of Justinian. . Till his reign, the streights of the Bosphorus and Helespont were open to the free. dom of trade, and nothing was prohibited except the exportation of arms for the service of the Barbarians. At each of these gates of the city, a prætor was stationed, the minister of Imperial avarice; heavy customs were imposed on the vessels and their merchandize ; the oppression was retaliated on the helpless consumer: the poor were afflicted by the artificial scarcity, and exorbitant price of the market; and a people, accustomed to depend on the liberality of their prince, might sometimes complain of the deficiency of water and

a

XL.

lies.

CHAP. bread * The aerial tribute, without a name, a

. law, or a definite object, was an annual gift of one hundred and twenty thousand pounds, which the emperor accepted from his prætorian præfect;

and the means of payment were abandoned to the Monopo

discretion of that powerful magistrate. IV. Even such a tax was less intolerable than the privilege of monopolies, which checked the fair competition of industry, and for the sake of a small and dishonest gain, imposed an arbitrary burden on the wants and luxury of the subject. “ As soon

(I transcribe the anecdotes) as the exclusive “ sale of silk was usurped by the Imperial trea" surer, a whole people, the manufacturers of

Tyre and Berytus, was reduced to extreme “ misery, and either perished with hunger, or “ fled to the hostile dominions of Persia." A province might suffer by the decay of its manufactures, but in this example of silk, Procopius has partially overlooked the inestimable and lasting benefit which the empire received from the curiosity of Justinian. His addition of one-seventh to the ordinary price of copper money may be interpreted with the same candour; and the al teration, which might be wise, appears to have been innocent ; since he neither allayed the pua rity, nor enhanced the value, of the gold coin t,

the

* John Malala (tom. ii. p. 232.) mentions the want of bread, and Zonaras (1. xiv. p. 63.) the leaden pipes, which Justinian, or his servants, stole from the aquedacts.

+ For an aureus, one sixth of an ounce of gold, instead of 210, he gave no more than 180 folles, or ounces of copper. A

the legal measure of public and private pay- CHAP ments. V. The ample jurisdiction required by XL. the farmers of the revenue to accomplish their

Venality engagements, might be placed in an odious light, as if they had purchased from the emperor the lives and fortunes of their fellow-citizens. And a more direct sale of honours and offices was transacted in the palace, with the permission, or at least with the connivance, of Justinian and Theo-; dora. The claims of merit, even those of favour, were disregarded, and it was almost reasonable to expect, that the bold adventurer, who had un. dertaken the trade of a magistrate, should find a rich compensation for infamy, labour, danger, the debts which he had contracted, and the heavy interest which he paid. A sense of the disgrace and mischief of this venal practice, at length awakened the slumbering virtue of Justinian; and he attempted, by the sanction of oaths * and penalties, to guard the integrity of his government : but at the end of a year of perjury, his rigorous edict was suspended, and corruption licentiously abused her triumph over the impotence of the laws. VI. The testament Testa. of Eulalius, count of the domestics, declared the emperor his sole heir, on condition, however,

XL.

CHA P. that he should discharge his debts and legacies,

allow to his three daughters a decent maintenance,
and bestow each of them in marriage, with a por-
tion of ten pounds of gold. But the splendid
fortune of Eulalius had been consumed by fire;
and the inventory of his goods did not exceed the
trifling sum of five hundred and sixty-four pieces
of gold. A similar instance in Grecian history,
admonished the emperor of the honourable part
prescribed for his imitation. He checked the
selfish murmurs of the treasury, applauded the
confidence of his friend, discharged the legacies
and debts, educated the three virgins under the
eye of the empress Theodora, and doubled the mar-
riage portion which had satisfied the tenderness
of their father *. The humanity of a prince, (for
princes cannot be generous) is entitled to some
praise; yet even in this act of virtue we may dis-
cover the inveterate custom of supplanting the
legal or natural heirs, which Procopius imputes to
the reign of Justinian. His charge is supported
by eminent names and scandalous examples ; . nei-
ther widows nor orphans were spared; and the
art of soliciting, or extorting, or supposing, testa-
ments, was beneficially practised by the
the palace. This base and mischievous tyranny
invades the security of private life ; and the mo-
narch who has indulged an appetite for gain will
soon be tempted to anticipate the moment of suc.

of