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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 Praetorian praefects, 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 labored to disguise the truths 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 wealthy and noble adversary. He carefully distinguished the judge from the legislator; ^84 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.

[Footnote 82: His eloquence is celebrated by Libanius, (Orat. Parent. c. 75, 76, p. 300, 301,) who distinctly mentions the orators of Homer. Socrates (l. iii. c. 1) has rashly asserted that Julian was the only prince, since Julius Caesar, who harangued the senate. All the predecessors of Nero, (Tacit. Annal. xiii. 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.]

[Footnote 83: Ammianus (xxi. 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. iv. 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.]

[Footnote 84: Of the laws which Julian enacted in a reign of sixteen months, fifty-four have been admitted into the codes of Theodosius and Justinian. (Gothofred. Chron. Legum, p. 64-67.) The Abbe 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.]

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 honors 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