498 THE SENATE OF CONSTANTINOPLE. [CH. XXII and compelled the blushing magistrates to receive the demonstrations of his affected humility. From the palace they proceeded to the senate. The emperor, on foot, marched before their litters; and the gazing multitude admired the image of ancient times, or secretly blamed a conduct which, in their eyes, degraded the majesty of the purple. But the behaviour of Julian was uniformly supported. During the games of the circus he had, imprudently or designedly, performed the manumission of a slave in the presence of the consul. The moment he was reminded that he had trespassed on the jurisdiction of another magistrate, he condemned himself to pay a fine of ten pounds of gold; and embraced this public occasion of declaring to the world, that he was subject like the rest of his fellow-citizens, to the laws, and even to the forms of the republic. The spirit of his administration, and his regard for the place of his nativity, induced Julian to confer on the senate of Constantinople the same honours, privileges, and authority, which were still enjoyed by the senate of ancient Rome. A legal fiction was introduced, and gradually established, that one-half of the national council had migrated into the east: and the despotic successors of Julian, accepting the title of Senators, acknowledged themselves the members of a respectable body, which was permitted to represent the majesty of the Roman name. From Constantinople, the attention of the monarch was extended to the municipal senates of the provinces. He abolished, by repeated edicts, the unjust and pernicious exemptions, which had withdrawn so many idle citizens from the service of their country; and by imposing the word Dominus under the imperial government. [For this title on Julian's coins, see Eckhel (Num. Vet. vol. viii, p. 127). General remarks on the words Dominus (inimicum libertati nomen), BAZIAEYE, and AECпOTHC, may be found, ib. p. 364-366 and 501.-ED. * Ammian. 22, 7. The consul Mamertinus (in Panegyr. Vet. 11. 28-30,) celebrates the auspicious day, like an eloquent slave astonished and intoxicated by the condescension of his master. Judiciumque. + Personal satire was condemned by the laws of the twelve tables: Si mala condiderit in quem quis carmina, jus est, Horat. Sat. ii, 1, 82. Julian (in Misopogon. p. 337,) owns himself subject to the law; and the abbé de la Bleterie (Hist. de Jovien, tom. ii, p. 92,) has eagerly embraced a declaration so agreeable to his own system, and indeed to the true spirit of the imperial constitution. Zosimus, L 3. p. 158. A.D. 363.] JULIAN RESTORES THE GREEK CITIES. 499 an equal distribution of public duties, he restored the strength, the splendour, or, according to the glowing expression of Libanius,* the soul of the expiring cities of his empire. The venerable age of Greece excited the most tender compassion in the mind of Julian, which kindled into rapture, when he recollected the gods, the heroes, and the men superior to heroes and to gods, who had bequeathed to the latest posterity the monuments of their genius, or the example of their virtues. He relieved the distress, and restored the beauty of the cities of Epirus and Peloponnesus.t Athens acknowledged him for her benefactor; Argos, for her deliverer. The pride of Corinth, again rising from her ruins with the honours of a Roman colony, exacted a tribute from the adjacent republics, for the purpose of defraying the games of the isthmus, which were celebrated in the amphitheatre with the hunting of bears and panthers. From this tribute the cities of Elis, of Delphi, and of Argos, which had inherited from their remote ancestors the sacred office of perpetuating the Olympic, the Pythian, and the Nemean games, claimed a just exemption. The immunity of Elis and Delphi was respected by the Corinthians; but the poverty of Argos tempted the insolence of oppression; and the feeble complaints of its deputies were silenced by the decree of a provincial magistrate, who seems to have consulted only the interest of the capital in which he resided. Seven years after this sentence, Julian ‡ allowed the cause to be referred to a superior tribunal; and his eloquence was interposed, most probably with success, in tho defence of a * Η τῆς βοΰλης ἴσχυς ψύχη πόλεως ἔστιν. See Libanius (Orat Parent. c. 71; p. 296), Ammianus (22, 9), and the Theodosian Code (lib. 12, tit. 1, leg. 50-55), with Godefroy's Commentary (tom. iv, p. 390-402). Yet the whole subject of the Curia, notwithstanding very ample materials, still remains the most obscure in the legal history of the empire. [Niebuhr has thrown some light on this sub ject in his History, but more in his Lectures (vol. i, p. 119, 161, &c. Bohn's edit.).-ED.] + Quæ paulo ante arida et siti anhelantia visebantur, ea nunc perlui, mundari, madere; Fora, Deambulacra, Gymnasia, lætis et gaudentibus populis frequentari; dies festos, et celebrari veteres, et novos in honorem principis consecrari. (Mamertin. 11. 9.) He particularly restored the city of Nicopolis, and the Actiac games, which had been instituted by Augustus. Julian, Epist. 35, p. 407-411. This epistle, which illustrates the declining age of Greece, is omitted by the abbé de la Bleterie; and strangely disfigured 500 JULIAN'S ORatory. [CH. XIIL city which had been the royal seat of Agamemnon,* and had given to Macedonia a race of kings and conquerors.t The laborious administration of military and civil affairs, which were multiplied in proportion to the extent of the empire, exercised the abilities of Julian; but he frequently assumed the two characters of orator ‡ and of judge,§ which are almost unknown to the modern sovereigns of Europe. The arts of persuasion, so diligently cultivated by the first Cæsars, were neglected by the military ignorance and Asiatie pride of their successors; and if they condescended to harangue the soldiers, whom they feared, they treated with silent disdain the senators, whom they despised. assemblies of the senate, which Constantius had avoided, were considered by Julian as the place where he could exhibit, with the most propriety, the maxims of a republican, and the talents of a rhetorician. He alternately practised, as in a school of declamation, the several modes by the Latin translator, who, by rendering driλuia, tributum, and idorai, populus, directly contradicts the sense of the original. The * He reigned in Mycenae, at the distance of fifty stadia, or six miles, from Argos: but these cities, which alternately flourished, are confounded by the Greek poets. Strabo, lib. 8, p. 579, edit. Amstel. 1707. + Marsham, Canon. Chron. p. 421. This pedigree from Temenus and Hercules may be suspicious; yet it was allowed, after a strict inquiry by the judges of the Olympic games (Herodot. lib. 5, c. 22), at a time when the Macedonian kings were obscure and unpopular in Greece. When the Achæan league declared against Philip, it was thought decent that the deputies of Argos should retire. (T. Liv. 32. 22.) [For the pedigree of the Macedonian kings, consult Clinton (F. H. ii, 221). Caranus, the first of them, was the seventh in descent from Temenus, who was the fourth from Hyllus, a son of Hercules (ib. i, 247). But Hercules was descended from Danaus, not from Inachus and Argus (ib. i, 101).-ED.] His eloquence is celebrated by Libanius (Orat. Parent. c. 75, 76, p. 300, 301), who distinctly mentions the orators of Homer. Socrates (lib. 3, c. 1,) has rashly asserted that Julian was the only prince, since Julius Cæsar, who harangued the senate. All the predecessors of Nero (Tacit. Annal. 13, 3), and many of his successors, possessed the faculty of speaking in public; and it might be proved, by various examples, that they frequently exercised it in the senate. § Ammianus (22, 10), has impartially stated the merits and defects of his judicial proceedings. Libanius (Orat. Parent. c. 90, 91, p. 315, &c.,) has seen only the fair side, and his picture, if it flatters the person, expresses at least the duties of the judge. Gregory Nazianzen (Orat. 4, p. 120), who suppresses the virtues, and exaggerates even the venial faults of the apostate, triumphantly asks, "Whether such a judge was fit to be seated between Minos and Rhadamanthus in the Elysian fields A.D. 363.] HIS STRENGTH OF MIND. 501 of praise, of censure, of exhortation; and his friend Libanius has remarked, that the study of Homer taught him to imitate the simple, concise style of Menelaus, the copiousness of Nestor, whose words descended like the flakes of a winter's snow, or the pathetic and forcible eloquence of Ulysses. The functions of a judge, which are sometimes incompatible with those of a prince, were exercised by Julian, not only as a duty, but as an amusement; and although he might have trusted the integrity and discernment of his prætorian prefects, he often placed himself by their side on the seat of judgment. The acute penetration. of his mind was agreeably occupied in detecting and defeating the chicanery of the advocates, who laboured to disguise the truth of facts, and to pervert the sense of the laws. He sometimes forgot the gravity of his station, asked indiscreet or unseasonable questions, and betrayed, by the loudness of his voice, and the agitation of his body, the earnest vehemence with which he maintained his opinion against the judges, the advocates, and their clients. But his knowledge of his own temper prompted him to encourage, and even to solicit, the reproof of his friends and ministers; and whenever they ventured to oppose the irregular sallies of his passions, the spectators could observe the shame, as well as the gratitude, of their monarch. The decrees of Julian were almost always founded on the principles of justice; and he had the firmness to resist the two most dangerous temptations which assault the tribunal of a sovereign, under the specious forms of compassion and equity. He decided the merits of the cause without weighing the circumstances of the parties; and the poor, whom he wished to relieve, were condemned to satisfy the just demands of a noble and wealthy adversary. He carefully distinguished the judge from the legislator; and though he meditated a necessary reformation of the Roman jurisprudence, he pronounced sentence according to the strict and literal interpretation of those laws, which the magis-. trates were bound to execute, and the subjects to obey. The generality of princes, if they were stripped of their purple, and cast naked into the world, would immediately sink to the lowest rank of society, without a hope of * Of the laws which Julian enacted in a reign of sixteen months, fifty-four have been admitted into the codes of Theodosius and Jus 502 JULIAN'S TALENTS. [CH. XXIL emerging from their obscurity. But the personal merit of Julian was, in some measure, independent of his fortune. Whatever had been his choice of life, by the force of intrepid courage, lively wit, and intense application, he would have obtained, or at least he would have deserved, the highest honours of his profession; and Julian might have raised himself to the rank of minister, or general of the state in which he was born a private citizen. If the jealous caprice of power had disappointed his expectations; if he had prudently declined the paths of greatness, the employment of the same talents in studious solitude, would have placed, beyond the reach of kings, his present happiness and his immortal fame. When we inspect, with minute, or perhaps malevolent attention, the portrait of Julian, something scems wanting to the grace and perfection of the whole figure. His genius was less powerful and sublime than that of Cæsar; nor did he possess the consummate prudence of Augustus. The virtues of Trajan appear more steady and natural, and the philosophy of Marcus is more simple and consistent. Yet Julian sustained adversity with firmness, and prosperity with moderation. After an interval of one hundred and twenty years from the death of Alexander Severus, the Romans beheld an emperor who made no distinction between his duties and his pleasures; who laboured to relieve the distress, and to revive the spirit of his subjects; and who endeavoured always to connect authority with merit, and happiness with virtue. Even faction, and religious faction, was constrained to acknowledge the superiority of his genius, in peace as well as in war; and to confess with a sigh, that the apostate Julian was a lover of his country, and that he deserved the empire of the world.* tinian. (Gothofred Chron. Legum, p. 64—67.) The abbé de la Bleterie (tom. ii, p. 329-336) has chosen one of these laws, to give an idea of Julian's Latin style, which is forcible and elaborate, but less pure than his Greek. Ductor fortissimus armis ; Conditor et legum celeberrimus; ore manûque Prudent. Apotheosis, 450, &a The consciousness of a generous sentiment seems to have raised the Christian poet above his usual mediocrity, |