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 Ref. 086 and of Judge, Ref. 087 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 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; Ref. 088 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 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 seems 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. Ref. 089
Footnotes:
Ref. 002
Omnes qui plus poterant in palatio, adulandi professores jam docti, recte consulta prospereque completa vertebant in deridiculum: talia sine modo strepentes insulse; in odium venit cum victoriis suis capella, non homo; ut hirsutum Julianum carpentes, appellantesque loquacem talpam, et purpuratam simiam, et litterionem Græcum: et his congruentia plurima atque vernacula [legendum cum Ungero aeque ut tintinnabula] principi resonantes, audire hæc taliaque gestienti, virtutes ejus obruere verbis impudentibus conabantur, ut segnem incessentes et timidum et umbratilem, gestaque secus verbis comptioribus exornantem. Ammianus, xvii. 11.
Ref. 003
Ammian. xvi. 12. The orator Themistius (iv. p. 56, 57) believed whatever was contained in the Imperial letters which were addressed to the senate of Constantinople. Aurelius Victor, who published his Abridgment in the last year of Constantius, ascribes the German victories to the wisdom of the emperor, and the fortune of the Cæsar. Yet the historian, soon afterwards, was indebted to the favour or esteem of Julian for the honour of a brass statue, and the important offices of consular of the second Pannonia, and prefect of the city. Ammian. xxi. 10.
Ref. 004
Callido nocendi artificio, accusatoriam diritatem laudum titulis peragebant. . . . Hæ voces fuerunt ad inflammanda odia probris omnibus potentiores. See Mamertin in Actione Gratiarum in Vet. Panegyr. xi. 5, 6.
Ref. 005
[These are auxilia palatina (not legions; see vol. iii. Appendix 7); the best troops in the army, τέτταρας ἀριθμοὺς (numeros) τω̂ν κρατίστων πεζω̂ν, Julian, ad S. P. Q. Ath. p. 361, ed. Hertl.]
Ref. 006
[Ex numeris aliis (Amm. 20, 4, 2), a general expression for “from other troops,” inclusive of the legions.]
Ref. 007
The minute interval, which may be interposed, between the hyeme adultâ and the primo vere of Ammianus (xx. 1 [3], 4, [2]), instead of allowing a sufficient space for a march of three thousand miles, would render the orders of Constantius as extravagant as they were unjust. The troops of Gaul could not have reached Syria till the end of autumn. The memory of Ammianus must