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XVII.

CHAP. was paid in money; and of the current coin of the empire, gold alone could be legally accepted. The remainder of the taxes, according to the proportions determined by the annual indiction, was furnished in a manner still more direct, and still more oppressive. According to the different nature of lands, their real produce, in the various articles of wine or oil, corn or barley, wood or iron, was transported by the labour or at the expence of the provincials to the imperial magazines, from whence they were occasionally distributed, for the use of the court, of the army, and of the two capitals, Rome and Constantinople. The commissioners of the revenue were so frequently obliged to make considerable purchases, that they were strictly prohibited from allowing any compensation, or from receiving in money the value of those supplies which were exacted in kind. In the primitive simplicity of small communities, this method may be well adapted to collect the almost voluntary offerings of the people; but it is at once susceptible of the utmost latitude and of the utmost strictness, which in a corrupt and absolute monarchy must introduce a perpetual contest between the power of oppression and the arts of fraud. The agriculture of the

The astonishment of Pliny would have ceased. Equidem mirror P. R. victis gentibus argentum semper imperitasse non aurum. Hist. Natur. xxxiii, 15.

1 Some precautions were taken (see Cod. Theod. 1. xi, tit. ii, and Cod. Justinian. 1. x, tit. xxvii, leg. 1, 2, 3) to restrain the magistrates from the abuse of their authority, either in the exaction or in the purchase of corn: but those who had learning enough to read

1

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Roman provinces was insensibly ruined, and, in CHAP. the progress of despotism, which tends to disappoint its own purpose, the emperors were obliged to derive some merit from the forgiveness of debts, or the remission of tributes, which their subjects were utterly incapable of paying. According to the new division of Italy, the fertile and happy province of Campania, the scene of the early victories and of the delicious retirements of the citizens of Rome, extended between the sea and the Appenine from the Tyber to the Silarus. Within sixty years after the death of Constantine, and on the evidence of an actual survey, an exemption was granted in favour of three hundred and thirty thousand English acres of desert and uncultivated land; which amounted to one-eighth of the whole surface of the province. As the footsteps of the barbarians had not yet been seen in Italy, the cause of this amazing desolation, which is recorded in the laws, can be ascribed only to the administration of the Roman emperors.1

Either from design or from accident, the mode Assessed in of assessment seemed to unite the substance of a of a capi

read the orations of Cicero against Verres (iii de Frumento), might instruct themselves in all the various arts of oppression, with regard to the weight, the price, the quality, and the carriage. The avarice of an unlettered governor would supply the ignorance of precept or precedent.

i Cod. Theod. 1. xi, tit. xxviii, leg. 2, published the 24th of March, A. D. 395, by the emperor Honorius, only two months after the death of his father Theodosius. He speaks of 528,042 Roman jugera, which I have reduced to the English measure. The jugerum contained 28,800 square Roman feet.

the form

tation.

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CHAP. land tax with the forms of a capitation. The returns which were sent of every province or district, expressed the number of tributary subjects, and the amount of the public impositions. The latter of these sums was divided by the former; and the estimate, that such a province contained so many capita, or heads of tribute; and that each head was rated at such a price, was universally received, not only in the popular, but even in the legal computation, The value of a tributary head must have varied, according to many accidental, or at least fluctuating circumstances: but some knowledge has been preserved of a very curious fact, the more important, since it relates to one of the richest provinces of the Roman empire, and which now flourishes as the most splendid of the European kingdoms. The rapacious ministers of Constantius had exhausted the wealth of Gaul, by exacting twenty-five pieces of gold for the annual tribute of every head. The humane policy of his successor reduced the capitation to seven pieces. A moderate proportion between these opposite extremes of extravagant oppression and of transient indulgence, may therefore be fixed at sixteen pieces of gold,

Godefroy (Cod. Theod. tom. vi, p. 116) argues with weight and learning on the subject of the capitation; but while he explains the caput, as a share or measure of property, he too absolutely excludes the idea of a personal assessment.

1 Quid profuerit (Julianus) anhelantibus extremâ penuriâ Gallis, hinc maxime claret, quod primitus partes eas ingressus, pro capitibus singulis tributi nomine vicenos quinos aureos reperit flagitari; discedens vero septenos tantum munera universa complentes. Ammian. 1. xvi, c. 5.

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or about nine pounds sterling, the common stand- CHAP. ård perhaps of the impositions of Gaul." But this calculation, or rather indeed the facts from whence it is deduced, cannot fail of suggesting two difficulties to a thinking mind, who will be at once surprised by the equality, and by the enor mity of the capitation. An attempt to explain them may perhaps reflect some light on the inte resting subject of the finances of the declining empire.

1. It is obvious, that, as long as the immutable constitution of human nature produces and maintains so unequal a division of property, the most numerous part of the community would be deprived of their subsistence, by the equal assessment of a tax from which the sovereign would derive a very trifling revenue. Such indeed might be the theory of the Roman capitation; but in the practice, this unjust equality was no longer

- In the calculation of any sum of money under Constantine and his successors, we need only refer to the excellent discourse of Mr. Greaves on the Denarius, for the proof of the following principles: 1. That the ancient and modern Roman pound, containing 5256 grains of Troy weight, is about one twelfth lighter than the English pound, which is composed of 5760 of the same grains; 2. That the pound of gold, which had once been divided into forty-eight aurei, was at this time coined into seventy-two smaller pieces of the same denomination; 3. That five of these aurei were the legal tender for a pound of silver, and that consequently the pound of gold was exchanged for fourteen pounds eight ounces of silver, according to the Roman, or about thirteen pounds according to the English, weight; 4. That the English pound of silver is coined into fixty-two shillings. From these elements we may compute the Roman pound of gold, the usual method of reckoning large sums, at forty pounds sterling, and we may fix the currency of the aureus at somewhat more than eleven shillings,

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CHAP. felt, as the tribute was collected on the principle of a real, not of a personal imposition. Several indigent citizens contributed to compose a single head, or share of taxation; while the wealthy provincial, in proportion to his fortune, alone represented several of those imaginary beings. In a poetical request, addressed to one of the last and most deserving of the Roman princes who reigned in Gaul, Sidonius Appollinaris personifies his tribute under the figure of a triple monster, the Geryon of the Grecian fables, and intreats the new Hercules that he would most graciously be pleased to save his life by cutting off three of his heads." The fortune of Sidonius far exceeded the customary wealth of a poet; but if he had pursued the allusion, he must have painted many of the Gallic nobles with the hundred heads of the deadly Hydra, spreading over the face of the country, and devouring the substance of an hundred families. II. The difficulty of allowing an annual sum of about nine pounds sterling, even for the average of the capitation of Gaul, may be rendered more evident by the comparison of the present state of the same country, as it is now governed by the absolute monarch of an industrious, wealthy, and affectionate people. The taxes of France cannot be magnified, either by fear or by

"Geryones nos esse puta, monstrumque tributum,
Hic capita ut vivam, tu mihi tolle tria.

SIDON. APOLLINAR. carm. xiii.
The reputation of Father Sirmond led me to expect more satisfaction
than I have found in his noté (p. 144) on this remarkable passage.
The words, suo vel suorum nomine, betray the perplexity of the com-

mentator.

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