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The History of the Decline and Fall of the Roman Empire - Edward Gibbon [137]

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of clamor and discontent. An emperor well acquainted with the wants and resources of the state was obliged to declare, by a public edict, that the support of the army depended in a great measure on the produce of the excise. ^101

[Footnote 101: Tacit. Annal. i. 78. Two years afterwards, the reduction of the poor kingdom of Cappadocia gave Tiberius a pretence for diminishing the excise of one half, but the relief was of very short duration.]

III. When Augustus resolved to establish a permanent military force for the defence of his government against foreign and domestic enemies, he instituted a peculiar treasury for the pay of the soldiers, the rewards of the veterans, and the extra-ordinary expenses of war. The ample revenue of the excise, though peculiarly appropriated to those uses, was found inadequate. To supply the deficiency, the emperor suggested a new tax of five per cent. on all legacies and inheritances. But the nobles of Rome were more tenacious of property than of freedom. Their indignant murmurs were received by Augustus with his usual temper. He candidly referred the whole business to the senate, and exhorted them to provide for the public service by some other expedient of a less odious nature. They were divided and perplexed. He insinuated to them, that their obstinacy would oblige him to propose a general land tax and capitation. They acquiesced in silence. ^102. The new imposition on legacies and inheritances was, however, mitigated by some restrictions. It did not take place unless the object was of a certain value, most probably of fifty or a hundred pieces of gold; ^103 nor could it be exacted from the nearest of kin on the father's side. ^104 When the rights of nature and poverty were thus secured, it seemed reasonable, that a stranger, or a distant relation, who acquired an unexpected accession of fortune, should cheerfully resign a twentieth part of it, for the benefit of the state. ^105

[Footnote 102: Dion Cassius, l. lv. p. 794, l. lvi. p. 825. Note: Dion neither mentions this proposition nor the capitation. He only says that the emperor imposed a tax upon landed property, and sent every where men employed to make a survey, without fixing how much, and for how much each was to pay. The senators then preferred giving the tax on legacies and inheritances. - W.]

[Footnote 103: The sum is only fixed by conjecture.]

[Footnote 104: As the Roman law subsisted for many ages, the Cognati, or relations on the mother's side, were not called to the succession. This harsh institution was gradually undermined by humanity, and finally abolished by Justinian.]

[Footnote 105: Plin. Panegyric. c. 37.]

Such a tax, plentiful as it must prove in every wealthy community, was most happily suited to the situation of the Romans, who could frame their arbitrary wills, according to the dictates of reason or caprice, without any restraint from the modern fetters of entails and settlements. From various causes, the partiality of paternal affection often lost its influence over the stern patriots of the commonwealth, and the dissolute nobles of the empire; and if the father bequeathed to his son the fourth part of his estate, he removed all ground of legal complaint. ^106 But a rich childish old man was a domestic tyrant, and his power increased with his years and infirmities. A servile crowd, in which he frequently reckoned praetors and consuls, courted his smiles, pampered his avarice, applauded his follies, served his passions, and waited with impatience for his death. The arts of attendance and flattery were formed into a most lucrative science; those who professed it acquired a peculiar appellation; and the whole city, according to the lively descriptions of satire, was divided between two parties, the hunters and their game. ^107 Yet, while so many unjust and extravagant wills were every day dictated by cunning and subscribed by folly, a few were the result of rational esteem and virtuous gratitude. Cicero, who had so often defended the lives and fortunes of his fellow-citizens, was rewarded

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