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quisites, which were soon claimed as a lawful debt, and the bribes which they extorted from those who feared their enmity or solicited their favour, suddenly enriched these haughty menials. They abused their fortune, without considering their past, or their future, condition; and their rapine and venality could be equalled only by the extravagance of their dissipations. Their silken robes were embroidered with gold, their tables were served with delicacy and profusion; the houses which they built for their own use would have covered the farm of an ancient consul; and the most honourable citizens were obliged to dismount from their horses, and respectfully to salute an eunuch whom they met on the public highway. The luxury of the palace excited the contempt and indignation of Julian, who usually slept on the ground, who yielded with reluctance to the indispensable calls of nature, and who placed his vanity, not in emulating, but in despising, the pomp of royalty. By the total extirpation of a mischief which was magnified even beyond its real extent, he was impatient to relieve the distress, and to appease the murmurs, ofthe people; whosupport with less uneasiness the weight of taxes, if they are convinced that the fruits of their industry are appropriated to the service of the state. But in theexecution of this salutary work Julian is accused of proceeding with too much haste and inconsiderate severity. By a single edict, he reduced the palace of Constantinople to an immense desert, and dismissed with ignominy the whole train of slaves and dependents,” without providing any just, or at least benevolent, exceptions, for the age, the services, or the poverty, of the faithful domestics of the Imperial family. Such indeed was the temper of Julian, who seldom recollected the fundamental maxim of Aristotle that true virtue is placed at an equal distance between the opposite vices. The splendid and effeminate dress of the Asiatics, the curls and paint, the collars and bracelets, which had appeared so ridiculous in the person of Constantine, were consistently rejected by his philosophic successor. But with the fopperies, Julian affected to renounce the decencies, of dress; and seemed to value himself for his neglect of the laws of cleanliness. In a satirical performance, which was designed for the public eye, the emperor descants with pleasure, and even with pride, on the length of his nails, and the inky blackness of his hands; protests that, although the greatest part of his body was covered with hair, the use of the razor was confined to his head alone; and celebrates, with visible complacency, the shaggy and populous * beard, which he fondly cherished after the example of th philosophers of Greece. Had Julian consulted the simple dictates of reason, the first magistrate of the Romans woul have scorned the affectation of Diogenes as well as that of Darius. But the work of public reformation would have remained imperfect, if Julian had only corrected the abuses, without punish. ing the crimes, of his predecessor's reign. “We are now delivered,” says he, in a familiar letter to one of his intimate friends, “we are now surprisingly delivered from the voracious jaws of the Hydra." I do not mean to apply that epithet to my brother Constantius. He is no more; may the earth lie light on his head | But his artful and cruel favourites studied to deceive and exasperate a prince whose natural mildness cannot be praised without some efforts of adulation. It is not, however, my intention that even those men should be oppressed: they are accused, and they shall enjoy the benefit of a fair and impartial trial.” To conduct this inquiry, Julian named six judges of the highest rank in the state and army; and, as he wished to escape the reproach of condemning his personal enemies, he fixed this extraordinary tribunal at Chalcedon, on the Asiatic side of the Bosphorus; and transferred to the commissioners an absolute power to pronounce and execute their final sentence, without delay and without appeal. The office of president was exercised by the venerable praefect of the East, a second Sallust,” whose virtues conciliated the esteem of Greek sophists and of Christian bishops. He was assisted by the elo

* Yet Julian himself was accused of bestowing whole towns on the eunuchs (Orat. vii. against Polyclet. p. 117-127). Libanius contents himself with a cold but positive denial of the fact, which seems indeed to belong more properly to onstantius. This charge however may allude to some unknown circumstance.

Chamber of
Justice

* In the Misopogon (p. 338, 339 [p. 434-436]) he draws a very singular picture of himself, and the following words are strangely characteristic: avros opogressura roy Babov rovirovi møywva . . . raúrá, rot, 8tateoprev ovexopal row 46epov or rep or Aoxali row 6mpion. # . friends of the Abbé de la Bléterie adjured him, in the name of the French nation, not to translate this passage, so offensive to their delicacy (Hist. de Jovien, tom., ii. p. 94). Like him, I have contented myself with a transient allusion; but the little animal, which Julian names, is a beast familiar to man, and signifies love.

61 Julian, epist. xxiii. p. 389 [p. 503, ed. H.]. He uses the words woxvrièaac, $8pav, in writing to his friend Hermogenes, who, like himself, was conversant with the Greek poets.

* The two Sallusts, the praefect of Gaul and the praefect of the East, must be carefully distinguished (Hist, des Empereurs, tom. iv. p. 696). I have used the surname of Secundus, as a convenient epithet. The second Sallust extorted the esteem of the Christians themselves; and Gregory Nazianzen, who condemned his religion, has celebrated his virtues (Orat. iii. p. 9o [iv. c. 91]). See a curious note of the Abbé de la Bléterie, Vie de Julien, p. 363.

quent Mamertinus,” one of the consuls elect, whose merit is loudly celebrated by the doubtful evidence of his own applause.

But the civil wisdom of two magistrates was overbalanced by

the ferocious violence of four generals, Nevitta, Agilo, Jovinus, and Arbetio. Arbetio, whom the public would have seen with less surprise at the bar than on the bench, was supposed to ess the secret of the commission; the armed and angry leaders of the Jovian and Herculian bands encompassed the tribunal; and the judges were alternately swayed by the laws of justice, and by the clamours of faction.*

The chamberlain Eusebius, who had so long abused the favour of. of Constantius, expiated, by an ignominious death, the insolence, *::::::".

the corruption, and cruelty of his servile reign. The executions of Paul and Apodemius (the former of whom was burnt alive) were accepted as an inadequate atonement by the widows and orphans of so many hundred Romans, whom those legal tyrants had betrayed and murdered. But Justice herself (if we may use the pathetic expression of Ammianus)" appeared to weep over the fate of Ursulus, the treasurer of the empire; and his blood accused the ingratitude of Julian, whose distress had been seasonably relieved by the intrepid liberality of that honest minister. The rage of the soldiers, whom he had provoked by his indiscretion, was the cause and the excuse of his death; and the emperor, deeply wounded by his own reproaches and those of the public, offered some consolation to the family of Ursulus, by the restitution of his confiscated fortunes. Before the end of the year in which they had been adorned with the ensigns of the praefecture and consulship," Taurus and Florentius were j to implore the clemency of the inexorable tribunal of Chalcedon. The former was banished to Vercellae in Italy, and a sentence of death was pronounced against the latter. A wise prince should have rewarded the crime of Taurus: the faithful minister, when he was no longer able to oppose the

* Mamertinus praises the emperor (xi. 1) for bestowing the offices of Treasurer and Praefect on a man of wisdom, firmness, integrity, &c. like himself. Yet Ammianus ranks him (xxi. 1) among the ministers of Julian, quorum merita nÓrat et fidem. * The proceedings of this chamber of justice are related by Ammianus (xxii. 3), and praised by Libanius (Orat. Parent. c. 74, p. 299, 300). * Ursuli vero necem ipsa mihi videtur flèsse justitia. Libanius, who imputes his death to the soldiers, attempts to criminate the count of the largesses. * Such respect was still entertained for the venerable names of the commonwealth that the public was surprised and scandalized to hear Taurus summoned as a criminal under the ...of of Taurus. The summons of his colleague Florentius was probably delayed till the commencement of the ensuing year.

progress of a rebel, had taken refuge in the court of his benefactor and his lawful sovereign. But the guilt of Florentius justified the severity of the judges; and his escape served to display the magnanimity of Julian ; who nobly checked the interested diligence of an informer, and refused to learn what place concealed the wretched fugitive from his just resentment.” Some months after the tribunal of Chalcedon had been dissolved, the praetorian vicegerent of Africa, the notary Gaudentius, and Artemius,” duke of Egypt, were executed at Antioch. Artemius had reigned the cruel and corrupt tyrant of a great province; Gaudentius had long practised the arts of calumny against the innocent, the virtuous, and even the person of Julian himself. Yet the circumstances of their trial and condemnation were so unskilfully managed, that these wicked men obtained, in the public opinion, the glory of suffering for the obstinate loyalty with which they had supported the cause of Constantius. The rest of his servants were protected by a general act of oblivion; and they were left to enjoy with impunity the bribes which they had accepted either to defend the oppressed or to oppress the friendless. This measure, which, on the soundest principles of policy, may deserve our approbation, was executed in a manner which seemed to degrade the majesty of the throne. Julian was tormented by the importunities of a multitude, particularly of Egyptians, who loudly demanded the gifts which they had imprudently or illegally bestowed; he foresaw the endless prosecution of vexatious suits; and he engaged a promise, which ought always to have been sacred, that, if they would repair to Chalcedon, he would meet them in person, to hear and determine their complaints. But, as soon as they were landed, he issued an absolute order, which prohibited the watermen from transporting any Egyptian to Constantinople; and thus detained his disappointed clients on the Asiatic shore, till, their patience and money being utterly exhausted, they were obliged to return with indignant murmurs to their native

* Ammian. xx. 7.

* For the guilt and punishment of Artemius, see Julian (Epist. x. p. 379), and Ammianus (xxii. 6, and Vales ad loc.). The merit of Artemius, who demolished temples, and was put to death by an apostate, has tempted the Greek and Latin churches to honour him as a martyr. But, as ecclesiastical history attests that he was not only a tyrant, but an Arian, it is not altogether easy to justify this indiscreet promotion. Tillemont. Mem. Eccles tom. vii. p. 1319.

* See Ammian. xxii. 6, and Vales ad locum ; and the Codex Theodosianus, l. ii tit. xxxix. leg. I : and Godefroy's Commentary, tom. i. p. 218, ad locum.

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The numerous army of spies, of agents, and informers, en-oney of

listed by Constantius to secure the repose of one man and to interrupt that of millions, was immediately disbanded by his generous successor. Julian was slow in his suspicions and gentle in his punishments; and his contempt of treason was the result of judgment, of vanity, and of courage. Conscious of superior merit, he was persuaded that few among his subjects would dare to meet him in the field, to attempt his life, or even to seat themselves on his vacant throne. The philosopher could excuse the hasty sallies of discontent; and the hero could despise the ambitious projects which surpassed the fortune or the abilities of the rash conspirators. A citizen of Ancyra had prepared for his own use a purple garment; and this indiscreet action, which, under the reign of Constantius, would have been considered as a capital offence,” was reported to Julian by the officious importunity of a private enemy. The monarch, after making some inquiry into the rank and character of his rival, dispatched the informer with a present of a pair of purple slippers, to complete the magnificence of his Imperial habit. A more dangerous conspiracy was formed by ten of the domestic guards, who had resolved to assassinate Julian in the field of exercise near Antioch. Their intemperance revealed their guilt; and they were conducted in chains to the presence of their injured sovereign, who, after a lively representation of the wickedness and folly of their enterprise, instead of a death of torture, which they deserved and expected, pronounced a sentence of exile against the two principal offenders. The only instance in which Julian seemed to depart from his accustomed clemency was the execution of a rash youth, who, with a feeble hand, had aspired to seize the reins of empire. But that youth was the son of Marcellus, the general of cavalry, who in the first campaign of the Gallic war had deserted the standard of the Caesar and the republic. Without appearing to indulge his personal resentment, Julian might easily confound the crime of the son and of the father: but he was reconciled by the distress of Marcellus, and the liberality of the emperor endeavoured to heal the wound which had been inflicted by the hand of justice.”

70 The president Montesquieu (Considérations sur la Grandeur, &c. des Romains, c. xiv., in his works, tom. iii. p. 448, 449) excuses this minute and absurd tyranny, by supposing that actions the most indifferent in our eyes might excite, in a Roman mind, the idea of guilt and danger. This strange apology is supported by a strange misapprehension of the English laws, “chez une nation . . . ou il est defendu de boire à la santé d'une certaine personne".

7. The clemency of Julian, and the conspiracy which was formed against his

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