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Birth and

vices of the empress Theodora

still divide the Oriental church; the reformation of the Roman law, which is obeyed or respected by the nations of modern Europe.

I. In the exercise of supreme power, the first act of Justinian was to divide it with the woman whom he loved, the famous Theodora, 20 whose strange elevation cannot be applauded as the triumph of female virtue. Under the reign of Anastasius, the care of the wild beasts maintained by the green faction of Constantinople, was entrusted to Acacius, a native of the isle of Cyprus, who, from his employment, was surnamed the master of the bears. This honourable office was given after his death to another candidate, nothwithstanding the diligence of his widow, who had already provided a husband and a successor. Acacius had left three daughters, Comito, 21 THEODORA, and Anastasia, the eldest of whom did not then exceed the age of seven years. On a solemn festival, these helpless orphans were sent by their distressed and indignant mother, in the garb of suppliants, into the midst of the theatre; the green faction received them with contempt, the blues with compassion; and this difference, which sunk deep into the mind of Theodora, was felt long afterwards in the administration of the empire. As they improved in age and beauty, the three sisters were successively devoted to the public and private pleasures of the Byzantine people; and Theodora, after following Comito on the stage, in the dress of a slave, with a stool on her head, was at length permitted to exercise her independent talents. She neither danced, nor sung, nor played on the flute; her skill was confined to the pantomime arts; she excelled in buffoon characters, and, as often as the comedian swelled her cheeks, and complained with a ridiculous tone and gesture of the blows that were inflicted, the whole theatre of Constantinople resounded with laughter and applause. The beauty of Theodora 22 was the subject of more flattering praise, and the source of more exquisite delight. Her features were delicate and regular; her complexion, though somewhat

20 For the life and manners of the empress Theodora, see the Anecdotes ; more especially c. 1-5, 9, 10-15, 16, 17, with the learned notes of Alemannus-a reference which is always implied. [Cp. Appendix 1.]

21 Comito was afterwards married to Sittas duke of Armenia, the father perhaps, at least she might be the mother, of the empress Sophia. Two nephews of Theodora may be the sons of Anastasia (Aleman. p. 30, 31).

22 Her statue was raised at Constantinople, on a porphyry column. See Procopius (de Ædif. 1. i. c. 11), who gives her portrait in the Anecdotes (c. 10). Aleman. (p. 47) produces one from a Mosaic at Ravenna [in the apse of the church of San Vitale], loaded with pearls and jewels, and yet handsome.

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pale, was tinged with a natural colour; every sensation was instantly expressed by the vivacity of her eyes; her easy motions displayed the graces of a small but elegant figure; and even love or adulation might proclaim that painting and poetry were incapable of delineating the matchless excellence of her form. But this form was degraded by the facility with which it was exposed to the public eye and prostituted to licentious desire. Her venal charms were abandoned to a promiscuous crowd of citizens and strangers, of every rank, and of every profession; the fortunate lover who had been promised a night of enjoyment was often driven from her bed by a stronger or more wealthy favourite; and, when she passed through the streets, her presence was avoided by all who wished to escape either the scandal or the temptation. The satirical historian has not blushed 23 to describe the naked scenes which Theodora was not ashamed to exhibit in the theatre.24 After exhausting the arts of sensual pleasure,25 she most ungratefully murmured against the parsimony of Nature; 26 but her murmurs, her pleasures, and her arts must be veiled in the obscurity of a learned language. After reigning for some time, the delight and contempt of the capital, she condescended to accompany Ecebolus, a native of Tyre, who had obtained the government of the African Pentapolis. But this union was frail and transient; Ecebolus soon rejected an expensive or faithless concubine; she was reduced at Alexandria to extreme distress; and, in her laborious return to Constantinople, every city of the East admired and enjoyed the fair Cyprian, whose merit ap

23 A fragment of the Anecdotes (c. 9), somewhat too naked, was suppressed by Alemannus, though extant in the Vatican Ms. ; nor has the defect been supplied in the Paris or Venice editions. La Mothe le Vayer (tom. viii. p. 155) gave the first hint of this curious and genuine passage (Jortin's Remarks, vol. iv. p. 366), which he had received from Rome, and it has been since published in the Menagiana (tom. iii. p. 254-259), with a Latin version.

24 After the mention of a narrow girdle (as none could appear stark-naked in the theatre), Procopius thus proceeds: αναπεπτωκυίά τε ἐν τῷ ἐδάφει ὑπτία ἔκειτο. Θῆτες δέ τινες . . . κριθὰς αὐτῇ ύπερθεν τῶν αἰδοῖων ἔρριπτον ἃς δὴ οἱ χήνες, οἱ ἐς τοῦτο παρεσ· κευασμένοι ἐτύγχανον, τοῖς στόμασιν ἐνθένδε κατὰ μίαν ἀνελόμενοι ἤσθιον. I have heard that a learned prelate, now deceased, was fond of quoting this passage in conversation. 25 Theodora surpassed the Crispa of Ausonius (Epigram lxxi.), who imitated the capitalis luxus of the females of Nola. See Quintilian, Institut. viii. 6, and Torrentius ad Horat. Sermon. 1. i. sat. 2, V. 101. At a memorable supper, thirty slaves waited round the table; ten young men feasted with Theodora. Her charity was universal.

Et lassata viris, necdum satiata, recessit.

2. Η δὲ κἀκ τριῶν τρυπημάτων ἐργαζομένη ἐνεκάλει τῇ φύσει δυσφορουμένη ὅτι δὴ μὴ · καὶ τιτθοὺς αὐτῇ εὐρύτερον ἢ νῦν εἰσι τρυπῴη, ὅπως δυνατὴ εἴη και ἐκείνῃ ἐργάζεσθαι. She wished for a fourth altar, on which she might pour libations to the god of love.

Her marriage with Justinian

peared to justify her descent from the peculiar island of Venus. The vague commerce of Theodora, and the most detestable precautions, preserved her from the danger which she feared; yet once, and once only, she became a mother. The infant was saved and educated in Arabia, by his father, who imparted to him on his death-bed that he was the son of an empress. Filled with ambitious hopes, the unsuspecting youth_immediately hastened to the palace of Constantinople, and was admitted to the presence of his mother. As he was never more seen, even after the decease of Theodora, she deserves the foul imputation of extinguishing with his life a secret so offensive to her Imperial virtue. In the most abject state of her fortune and reputation, some vision, either of sleep or of fancy, had whispered to Theodora the pleasing assurance that she was destined to become the spouse of a potent monarch. Conscious of her approaching greatness, she returned from Paphlagonia to Constantinople; assumed, like a skilful actress, a more decent character; relieved her poverty by the laudable industry of spinning wool; and affected a life of chastity and solitude in a small house, which she afterwards changed into a magnificent temple. Her beauty, assisted by art or accident, soon attracted, captivated, and fixed the patrician Justinian, who already reigned with absolute sway under the name of his uncle. Perhaps she contrived to enhance the value of a gift which she had so often lavished on the meanest of mankind; perhaps she inflamed, at first by modest delays, and at last by sensual allurements, the desires of a lover, who from nature or devotion was addicted to long vigils and abstemious diet. When his first transports had subsided, she still maintained the same ascendant over his mind, by the more solid merit of temper and understanding. Justinian delighted to ennoble and enrich the object of his affection; the treasures of the East were poured at her feet; and the nephew of Justin was determined, perhaps by religious scruples, to bestow on his concubine the sacred and legal character of a wife. But the laws of Rome expressly prohibited the marriage of a senator with any female who had been dishonoured by a servile origin or theatrical profession; the empress Lupicina, or Euphemia, a Barbarian of rustic manners but of irreproachable virtue, refused to accept a prostitute for her niece; and even

27 Anonym. de Antiquitat. C. P. 1. iii. 132 in Banduri Imperium Orient. tom. i. p. 48. Ludewig (p. 154) argues sensibly that Theodora would not have immortalised a brothel; but I apply this fact to her second and chaster residence at Constantinople.

Vigilantia, the superstitious mother of Justinian, though she acknowledged the wit and beauty of Theodora, was seriously apprehensive lest the levity and arrogance of that artful paramour I might corrupt the piety and happiness of her son. These obstacles were removed by the inflexible constancy of Justinian. He patiently expected the death of the empress; he despised the tears of his mother, who soon sunk under the weight of her affliction; and a law was promulgated in the name of the emperor Justin, which abolished the rigid jurisprudence of antiquity. A glorious repentance (the words of the edict) was left open for the unhappy females who had prostituted their persons on the theatre, and they were permitted to contract a legal union with the most illustrious of the Romans. 28 This indulgence was speedily followed by the solemn nuptials of Justinian and Theodora; her dignity was gradually exalted with that of her lover; and, as soon as Justin had invested his nephew with the purple, the patriarch of Constantinople placed the diadem on the heads of the emperor and empress of the East. But the usual honours which the severity of Roman manners had allowed to the wives of princes could not satisfy either the ambition of Theodora or the fondness of Justinian. He seated her on the throne as an equal and independent colleague in the sovereignty of the empire, and an oath of allegiance was imposed on the governors of the provinces in the joint names of Justinian and Theodora.29 The Eastern world fell prostrate before the genius and fortune of the daughter of Acacius. The prostitute, who, in the presence of innumerable spectators, had polluted the theatre of Constantinople, was adored as a queen in the same city, by grave magistrates, orthodox bishops, victorious generals, and captive monarchs.30

28 See the old law in Justinian's code (1. v. tit. v. leg. 7, tit. xxvii. leg. 1) under the years 336 and 454. The new edict (about the year 521 or 522. Aleman. p. 38, 96) very awkwardly repeals no more than the clause of mulieres scenicae, libertinæ, tabernariæ. See the novels 89 and 117[111 and 141, ed. Zachar.; dated A.D. 539 and 542], and a Greek rescript from Justinian to the bishops (Aleman. p. 41). [Note (1) that the only authority for the objections of Justinian's mother to his marriage is the Life of Theophilus; and (2) that the law of c. 522 A. D. (Cod. Just. v. 4, 23) had no connexion with Theodora, notwithstanding the statement of Procopius, Anecd. c. 9.]

29 I swear by the Father, &c., by the Virgin Mary, by the Four Gospels, quæ in manibus teneo, and by the holy Archangels Michael and Gabriel, puram conscientiam germanumque servitium me servaturum, sacratissimis DDNN. Justiniano et Theodoræ conjugi ejus (Novell. viii. tit. 3 [xvi. p. 123, ed. Zach.]). Would the oath have been binding in favour of the widow? Communes tituli et triumphi, &c. =(Aleman. p. 47, 48).

30Let greatness own her, and she's mean no more," &c. Without Warburton's critical telescope, I should never have seen, in the general picture of triumphant vice, any personal allusion to Theodora,

Her tyranny

Those who believe that the female mind is totally depraved by the loss of chastity will eagerly listen to all the invectives of private envy or popular resentment, which have dissembled the virtues of Theodora, exaggerated her vices, and condemned with rigour the venal or voluntary sins of the youthful harlot. From a motive of shame or contempt, she often declined the servile homage of the multitude, escaped from the odious light of the capital, and passed the greatest part of the year in the palaces and gardens which were pleasantly seated on the sea-coast of the Propontis and the Bosphorus. Her private hours were devoted to the prudent as well as grateful care of her beauty, the luxury of the bath and table, and the long slumber of the evening and the morning. Her secret apartments were occupied by the favourite women and eunuchs, whose interests and passions she indulged at the expense of justice; the most illustrious personages of the state were crowded into a dark and sultry antichamber, and when at last, after tedious attendance, they were admitted to kiss the feet of Theodora, they experienced, as her humour might suggest, the silent arrogance of an empress or the capricious levity of a comedian. Her rapacious avarice to accumulate an immense treasure may be excused by the apprehension of her husband's death, which could leave no alternative between ruin and the throne; and fear as well as ambition might exasperate Theodora against two generals, who, during a malady of the emperor, had rashly declared that they were not disposed to acquiesce in the choice of the capital. But the reproach of cruelty, so repugnant even to her softer vices, has left an indelible stain on the memory of Theodora. Her numerous spies observed, and zealously reported, every action, or word, or look, injurious to their royal mistress. Whomsoever they accused were cast into her peculiar prisons,31 inaccessible to the inquiries of justice; and it was rumoured that the torture of the rack or scourge had been inflicted in the presence of a female tyrant, insensible to the voice of prayer or of pity.32 Some of these unhappy victims perished in deep unwholesome dungeons, while others were permitted, after the loss of their limbs, their reason, or their fortune, to

31 Her prisons, a labyrinth, a Tartarus (Anecdot. c. 4), were under the palace. Darkness is propitious to cruelty, but it is likewise favourable to calumny and fiction. [John of Ephesus mentions that Theodora kept condemned heretics safely hidden for years in her palace.]

32 A more jocular whipping was inflicted on Saturninus, for presuming to say that his wife, a favourite of the empress, had not been found ärpnros (Anecdot. c. 17).

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