The counts

of the

inhabited by six thousand subjects or slaves of the deity and her ministers.154 But these were not the valuable inhabitants: the plains that stretch from the foot of Mount Argæus to the banks of the Sarus bred a generous race of horses, renowned above all others in the ancient world for their majestic shape and incomparable swiftness These sacred animals, destined for the service of the palace and the Imperial games, were protected by the laws from the profanation of a vulgar master. 155 The demesnes of Cappadocia were important enough to require the inspection of a count; 156 officers of an inferior rank were stationed in the other parts of the empire; and the deputies of the private, as well as those of the public treasurer, were maintained in the exercise of their independent functions, and encouraged to control the authority of the provincial magistrates. 157 6, 7. The chosen bands of cavalry and infantry, which guarded the domestics. person of the emperor, were under the immediate command of the two counts of the domestics. The whole number consisted of three thousand five hundred men, divided into seven schools, or troops, of five hundred each; and in the East this honourable service was almost entirely appropriated to the Armenians. Whenever, on public ceremonies, they were drawn up in the courts and porticos of the palace, their lofty stature, silent order, and splendid arms of silver and gold, displayed a martial pomp not unworthy of the Roman majesty.18 From the seven schools two companies of horse and foot were selected, of the protectors, whose advantageous station was the hope and reward of the most deserving soldiers. They mounted guard in the interior apartments, and were occasionally despatched into the provinces, to execute with celerity and vigour the orders of their master. 159 The counts of the domestics had succeeded to the office of the Prætorian præfects; like the præfects, they aspired from the service of the palace to the command of armies.

14 Strabon. Geograph. 1. xii. p. 809 [p. 535, edit. Casaub.]. The other temple of Comana, in Pontus, was a colony from that of Cappadocia, I. xii. p. 835 [p. 557, ed. Casaub.]. The president Des Brosses (see his Saluste, tom. ii. p. 21) conjectures that the deity adored in both Comanas was Beltis, the Venus of the East, the goddess of generation; a very different being indeed from the goddess of war.

155 Cod. Theod. 1. x. tit. vi. de Grege Dominico. Godefroy has collected every circumstance of antiquity relative to the Cappadocian horses. One of the finest breeds, the Palmatian, was the forfeiture of a rebel, whose estate lay about sixteen miles from Tyana, near the great road between Constantinople and Antioch.

156 Justinian (Novell. 30) subjected the province of the count of Cappadocia to the immediate authority of the favourite eunuch, who presided over the sacred bedchamber. 157 Cod. Theod. I. vi. tit. xxx. leg. 4, &c.

158 Pancirolus, p. 102, 136. The appearance of these military domestics is described in the Latin poem of Corippus, De Laudibus Justin. 1. iii. 157-179, p. 419, 420 of the Appendix Hist. Byzantin. Rom. 1777.

139 Ammianus Marcellinus, who served so many years, obtained only the rank of a protector. The first ten among these honourable soldiers were Clarissimi.

official spies.

The perpetual intercourse between the court and the provinces was facilitated by the construction of roads and the insti- Agents or tution of posts. But these beneficial establishments were accidentally connected with a pernicious and intolerable abuse. Two or three hundred agents or messengers were employed, under the jurisdiction of the master of the offices, to announce the names of the annual consuls, and the edicts or victories of the emperors. They insensibly assumed the licence of reporting whatever they could observe of the conduct either of magistrates or of private citizens; and were soon considered as the eyes of the monarch160 and the scourge of the people. Under the warm influence of a feeble reign they multiplied to the incredible number of ten thousand, disdained the mild though frequent admonitions of the laws, and exercised in the profitable management of the posts a rapacious and insolent oppression. These official spies, who regularly corresponded with the palace, were encouraged, by favour and reward, anxiously to watch the progress of every treasonable design, from the faint and latent symptoms of disaffection, to the actual preparation of an open revolt. Their careless or criminal violation of truth and justice was covered by the consecrated mask of zeal; and they might securely aim their poisoned arrows at the breast either of the guilty or the innocent, who had provoked their resentment, or refused to purchase their silence. A faithful subject, of Syria perhaps, or of Britain, was exposed to the danger, or at least to the dread, of being dragged in chains to the court of Milan or Constantinople, to defend his life and fortune against the malicious charge of these privileged informers. The ordinary administration was conducted by those methods which extreme necessity can alone palliate; and the defects of evidence were diligently supplied by the use of torture. 161

Use of torture.

The deceitful and dangerous experiment of the criminal quæstion, as it is emphatically styled, was admitted, rather than approved, in the jurisprudence of the Romans. They applied this sanguinary mode of examination only to servile bodies, whose sufferings were seldom weighed by those haughty republicans in the scale of justice or humanity; but they would never consent to violate the sacred person of a citizen till they possessed the clearest evidence of his guilt.162 The annals of tyranny, from the reign of Tiberius

160 Xenophon, Cyropæd. 1. viii. [c. 2, §§ 10, 11.] Brisson, de Regno Persico, 1. i. N°. 19, p. 264. The emperors adopted with pleasure this Persian metaphor.

161 For the Agentes in Rebus, see Ammian. 1. xv. c. 3, 1. xvi. c. 5, 1. xxii. c. 7, with the curious annotations of Valesius. Cod. Theod. 1. vi. tit. xxvii. xxviii. xxix. Among the passages collected in the Commentary of Godefroy, the most remarkable is one from Libanius, in his discourse concerning the death of Julian.

162 The Pandects (1. xlviii. tit. xviii.) contain the sentiments of the most celebrated civilians on the subject of torture. They strictly confine it to slaves; and Ulpiau

to that of Domitian, circumstantially relate the executions of many innocent victims; but, as long as the faintest remembrance was kept alive of the national freedom and honour, the last hours of a Roman were secure from the danger of ignominious torture.163 The conduct of the provincial magistrates was not, however, regulated by the practice of the city, or the strict maxims of the civilians. They found the use of torture established not only among the slaves of oriental despotism, but among the Macedonians, who obeyed a limited monarch; among the Rhodians, who flourished by the liberty of commerce; and even among the sage Athenians, who had asserted and adorned the dignity of human kind.164 The acquiescence of the provincials encouraged their governors to acquire, or perhaps to usurp, a discretionary power of employing the rack, to extort from vagrants or plebeian criminals the confession of their guilt, till they insensibly proceeded to confound the distinctions of rank, and to disregard the privileges of Roman citizens. The apprehensions of the subjects urged them to solicit, and the interest of the sovereign engaged him to grant, a variety of special exemptions, which tacitly allowed, and even authorised, the general use of torture. They protected all persons of illustrious or honourable rank, bishops and their presbyters, professors of the liberal arts, soldiers and their families, municipal officers, and their posterity to the third generation, and all children under the age of puberty." 165 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, 166 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

himself is ready to acknowledge that Res est fragilis, et periculosa, et quæ veritatem fallat. [§ 23.]

163 In the conspiracy of Piso against Nero, Epicharis (libertina mulier) was the only person tortured; the rest were intacti tormentis. It would be superfluous to add a weaker, and it would be difficult to find a stronger, example. Tacit. Annal. xv. 57. 164 Dicendum... de institutis Atheniensium, Rhodiorum, doctissimorum hominum, apud quos etiam (id quod acerbissimum est) liberi, civesque torquentur. Cicero, Partit. Orat. c. 34. We may learn from the trial of Philotas the practice of the Macedonians. (Diodor. Sicul. 1. xvii. [c. 80] p. 604. Q. Curt. 1. vi. c. 11.)

165 Heineccius (Element. Jur. Civil. part vii. p. 81) has collected these exemptions into one view.

166 This definition of the sage Ulpian (Pandect. 1. xlviii. tit. iv.) seems to have been adapted to the court of Caracalla, rather than to that of Alexander Severus. See the Codes of Theodosius and Justinian ad leg. Juliam majestatis.

Notwithstanding the express statement of Cicero, this is not true as far as regards the Athenians. There was a law at Athens ordaining that no free Athenian

should be put to the torture. See Smith's Dict. of Greek and Rom. Antiq. p. 1139 -S.

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. 167

Finances.

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 exposed 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 grievance of excessive taxes, which, gently pressing on the wealthy, descend with accelerated weight on the meaner and more indigent classes of society. An ingenious philosopher168 has calculated the universal measure of the public impositions 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 on merchandises, which are imperceptibly discharged by the apparent choice of the purchaser, the policy of Constantine and his successors preferred a simple and direct mode of taxation, more congenial to the spirit of an arbitrary government.169 The name and use of the indictions,170 which serve to ascertain

167 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 Ammianus (1. xix. c. 12) with the most respectful terror, is enforced by several laws of the successors of Constantine. See Cod. Theod. 1. ix. tit. xxxv. In majestatis crimine omnibus æqua est conditio. [leg. 1.]

168 Montesquieu, Esprit des Loix, 1. xii. c. 13.

169 Mr. Hume (Essays, vol. i. p. 389) has seen this important truth with some degree of perplexity.

170 The cycle of indictions, which may be traced as high as the reign of Constantius, or perhaps of his father Constantine, is still employed by the Papal court: but the commencement of the year has been very reasonably altered to the first of January. See l'Art de vérifier les Dates, p. xi.; and Dictionnaire Raison. de la Diplomatique, tom. ii. p. 25; two accurate treatises, which come from the workshop of the Benedictines."

The indictions as a chronological era begin September 1, A.D. 312. See Clinton, Fasti Rom. vol. i. p. 364. The way in which the indiction was used as a chronological era in the time of Constantine, and long afterwards, deserves notice. From September 1, A.D. 312, successive

periods of fifteen years were reckoned. When an indiction is mentioned, it is quite uncertain which of these periods of fifteen years is meant, and it is only the number of a particular year occurring in the period that is expressed. This sepa rate year, and not the period of fifteen

tribute or

indiction.

the chronology of the middle ages, was derived from the regular The general practice of the Roman tributes.171 The emperor subscribed with his own hand, and in purple ink, the solemn edict, or indiction, which was fixed up in the principal city of each diocese during two months previous to the first day of September. And, by a very easy connection of ideas, the word indiction was transferred to the measure of tribute which it prescribed, and to the annual term which it allowed for the payment. This general estimate of the supplies was proportioned to the real and imaginary wants of the state; but as often as the expense exceeded the revenue, or the revenue fell short of the computation, an additional tax, under the name of superindiction, was imposed on the people, and the most valuable attribute of sovereignty was communicated to the Prætorian præfects, who, on some occasions, were permitted to provide for the unforeseen and extraordinary exigencies of the public service. The execution of these laws (which it would be tedious to pursue in their minute and intricate detail) consisted of two distinct operations: the resolving the general imposition into its constituent parts, which were assessed on the provinces, the cities, and the individuals of the Roman world; and the collecting the separate contributions of the individuals, the cities, and the provinces, till the accumulated sums were poured into the Imperial treasuries. But as the account between the monarch and the subject was perpetually open, and as the renewal of the demand anticipated the perfect discharge of the preceding obligation, the weighty machine of the finances was moved by the same hands round the circle of its yearly revolution. Whatever was honourable or important in the administration of the revenue was committed to the wisdom of the præfects and their provincial representatives; the lucrative functions were claimed by a crowd of subordinate officers, some of whom depended on the treasurer, others on the governor of the province; and who, in the inevitable conflicts of a perplexed jurisdiction, had frequent opportunities of disputing with each other the spoils of the people. The laborious offices, which

171 The first twenty-eight titles of the eleventh book of the Theodosian Code are filled with the circumstantial regulations on the important subject of tributes; but they suppose a clearer knowledge of fundamental principles than it is at present in our power to attain.

years, is called an indiction. Thus, when the seventh indiction occurs in a document, this document belongs to the seventh year of one of those periods of fifteen years, but to which of them is uncertain. This continued to be the usage of the word till the twelfth century, when it became the practice to call the period of fifteen years the indiction, and to reckon

from the birth of Christ the number of indictions, that is, periods of fifteen years. An event was then said to take place in a particular year of a particular indiction; for example, Indictionis LXXIX., anno V. Savigny, Ueber die Römische Steuerverfassung, in Vermischte Schriften, vol. ii. p. 130.-S.