children under the age of puberty.[1] But a fatal maxim was introduced into the new jurisprudence of the empire, that in the case of treason, which included every offence that the subtlety of lawyers could derive from an hostile intention towards the prince or republic,[2] all privileges were suspended, and all conditions were reduced to the same ignominious level. As the safety of the emperor was avowedly preferred to every consideration of justice or humanity, the dignity of age and the tenderness of youth were alike exposed to the most cruel tortures; and the terrors of a malicious information, which might select them as the accomplices, or even as the witnesses, perhaps, of an imaginary crime, perpetually hung over the heads of the principal citizens of the Roman world.[3]
These evils, however terrible they may appear, were confined to the smaller number of Roman subjects, whose dangerous situation was in some degree compensated by the enjoyment of those advantages, either of nature or of fortune, which ex- posed them to the jealousy of the monarch. The obscure millions of a great empire have much less to dread from the cruelty than from the avarice of their masters; and their humble happiness is principally affected by the greviance of excessive taxes, which, gently pressing on the wealthy, descend with accelerated weight on the meaner and more indigent classes of society. An ingenious philospher[4] has ealcalated the universal measure of the public imposition by the degrees of freedom and servitude; and ventures to assert that, according to an invariable law of nature, it must always increase with the former, and diminish in a just proportion to the latter. But this reflection, which would tend to alleviate the miseries of despotism, is contradicted at least by the history of the Roman empire; which accuses the same princes of despoiling the senate of its authority and the provinces of their wealth. Without abolishing all the various customs and duties an
merchandises, which are imperceptibly discharged by the- ↑ Heineccius (Element. Jur. Civil. part vii. p. 81) has collected these exemptions into one view
- ↑ This definition of the sage Ulpian (Pandect. l.xlviii. tit iv.) seems to have been been adopted to the court of Caracalla rather than to that of Alexander Severus. See the Codes of Theodosius and Justinian ad. leg. Juilliam majestatis.
- ↑ Arcadius Charisius is the oldest lawyer quoted in the Pandects to justify the universal practice of torture in all cases of treason; but this maxim of tyranny which is admitted by Ammmianus (l. xix. c. 12. with the most respectful terror, is enforced by several laws of the successors of Constantine. See Cod. Theod. l. ix.
- ↑ Montesquieu, Esprit des Loix, l. xii, c 13.
