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(3) 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 rigorous principle, that a whole district should be condemned to sustain the partial loss of the persons or property of individuals. The annona, 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 expense and labour of distant carriage. In a time of scarcity, an extraordinary requisition was made to the adjacent provinces of Thrace, Bithynia, 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 straits of the Bosporus and Hellespont were open to the freedom 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 merchandise; 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 bread. The aërial tribute, without a name, a law, or a definite object, was an annual gift of £120,000 or $600,000, which the emperor accepted from his prætorian prefect; and the means of payment were abandoned to the discretion of that powerful magistrate.

(4) 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,” says Procopius,e “as the exclusive sale of silk was usurped by the imperial treasurer, 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 Procopius has partially overlooked the inestimable benefit which the empire received from Justinian’s introduction of silk-culture. His addition of one-seventh to the ordinary price of copper money may be interpreted with the same candour; and the alteration, which might be wise, appears to have been innocent; since he neither alloyed the purity nor enhanced the value of the gold coin, the legal measure of public and private payments.

(5) The ample jurisdiction, required by the farmers of the revenue to accomplish their 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 Theodora. The claims of merit, even those of favour, were disregarded; and it was almost reasonable to expect that the bold adventurer, who had undertaken 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.

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