Page:The age of Justinian and Theodora (Volume 1).djvu/373

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grade of nobility.[1] To abrogate this statute was therefore a necessity before he could carry out his design, but he easily prevailed on Justin to give the Imperial sanction to a Constitution which recites at length the expediency of granting to such women, who have repented and abjured their errors, an equality of civil privileges with their unblemished sisters.[2] A further impediment arose from the opposition of the Empress Euphemia, who withstood the marriage with an obstinacy which neither argument nor entreaty could over-*come.[3] Although her relationship to Justin had until recently been abased, the quondam slave had never deviated from the path of virtue and had imbibed all the prejudices of the strictest matron against women who made a traffic of their persons. A critical delay thus became inevitable, but Theodora passed through it triumphantly, and in 524, by the death of Euphemia, Justinian was freed from all restraint. Their nuptials were then celebrated with official acquiescence and without even popular protest. The Church, the Senate, and the Army at once accepted the former actress as their mistress, and the populace, who had contemplated her extravagances on the theatre, now implored her protection with outstretched hands.[4] The crown with the title of Augusta

  1. See p. 108.
  2. Procopius, Anecdot., 10; the law itself, Cod., V, iv, 23 (De Nuptiis). This relaxation, however, was quite in accordance with the development of Christian sentiment. Thus Chrysostom expresses it: "Inflamed by this fire (Christian repentance) the prostitute becomes holier than virgins"; In Matth. viii, Hom. vi, 5 (in Migne, vii, 69).
  3. Procopius, Anecdot., 9. The spurious life by Theophilus (see p. 320) tells us also that Justinian's mother, her name Biglenitza (Vigilantia), opposed the marriage, not on account of unchastity, but because Theodora was too clever and addicted to magic, etc. There is no historical mention of this Vigilantia.
  4. Ibid., 10.