See the Codes of Theodosius and ad leg.

Juliam majestatis.] [Footnote 167: Arcadius Charisius is the oldest lawyer quoted to justify the universal practice of torture in all cases of treason; but this maxim of tyranny, which is admitted by Ammianus with the most respectful terror, is enforced by several laws of the successors of Constantine.
See Cod.Theod.l.ix.tit.

xxxv.

majestatis crimine omnibus aequa est conditio.] 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 philosopher [168] 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.