Marcellus, and the liberality of the emperor endeavoured to heal the wound which had been inflicted by the hand of justice.* Julian was not insensible of the advantages of freedom.† From his studies he had imbibed the spirit of ancient sages and heroes; his life and fortunes had depended on the caprice of a tyrant; and when he ascended the throne, his pride was sometimes mortified by the reflection, that the slaves who would not dare to censure his defects, were not worthy to applaud his virtues. He sincerely abhorred the system of oriental despotism which Diocletian, Constantine, and the patient habits of fourscore years, had established in the empire. A motive of superstition prevented the execution of the design which Julian had frequently meditated, of relieving his head from the weight of a costly diadem: § but he absolutely refused the title of Dominus or Lord;¶ a word which was grown so familiar to the ears of the Romans, that they no longer remembered its servile and humiliating origin. The office, or rather the name, of consul, was cherished by a prince who contemplated with reverence the ruins of the republic; and the same behaviour which had been assumed by the prudence of Augustus, was adopted by Julian from choice and inclination. On the calends of January, at break of day, the new consuls, Mamertinus and Nevitta, hastened to the palace to salute the emperor. As soon as he was informed of their approach, he leaped from his throne, eagerly advanced to meet them, * The clemency of Julian and the conspiracy which was formed against his life at Antioch, are described by Ammianus (22, 9, 10, and Vales. ad loc), and Libanius. (Orat. Parent. c. 99, p. 323.) +According to some, says Aristotle, (as he is quoted by Julian ad Themist. p. 261,) the form of absolute government, the raußariλɛia, is contrary to nature. Both the prince and the philosopher choose, however, to involve this eternal truth in artful and laboured obscurity. That sentiment is expressed almost in the words of Julian himself. Ammian, 22, 10. § Libanius (Orat. Parent. c. 95, p. 320), who mentions the wish and design of Julian, insinuates, in mysterious language (θεῶν οὕτω γνόντων. ἀλλ ̓ ἦν ἀμείνων ὁ κωλύων), that the emperor was restrained by some particular revelation. Julian in Misopogon. p. 343. As he never abolished, by any public law, the proud appellation of Despot, or Dominus, they are still extant on his medals (Ducange, Fam. Byzantin. p. 38, 39); and the private displeasure which he affected to express, only gave a different tone to the servility of the court. The abbé de la Bleterie (Hist. de Jovien, tom. ii, p. 99-102,) has curiously traced the origin and progress of VOL. II. 2 K 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,t 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), BAZIAEYY, 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 true spirit of the imperial constitution. Zosimus, 1. 3. p. 158. 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.† 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 the defence of a * Η τῆς βουλης 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 subject 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. XXII. city which had been the royal seat of Agamemnon,* and had given to Macedonia a race of kings and conquerors.† 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 Asiatic 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. The 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 åreλeia, tributum, and idiórai, populus, directly contradicts the sense of the original. : * 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 Ìnachus 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?" 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 magistrates 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 |