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 rigor 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 favorite women and eunuchs, whose interests and passions she indulged at the expense of justice; the most illustrious person ages of the state were crowded into a dark and sultry antechamber, and when at last, after tedious attendance, they were admitted to kiss the feet of Theodora, they experienced, as her humor 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 the 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 rumored, that the torture of the rack, or scourge, had been inflicted in the presence of the 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 fortunes, to appear in the world, the living monuments of her vengeance, which was commonly extended to the children of those whom she had suspected or injured. The senator or bishop, whose death or exile Theodora had pronounced, was delivered to a trusty messenger, and his diligence was quickened by a menace from her own mouth. "If you fail in the execution of my commands, I swear by Him who liveth forever, that your skin shall be flayed from your body." ^33
[Footnote 31: Her prisons, a labyrinth, a Tartarus, (Anecdot. c. 4,) were under the palace. Darkness is propitious to cruelty, but it is likewise favorable to calumny and fiction.]
[Footnote 32: A more jocular whipping was inflicted on Saturninus, for presuming to say that his wife, a favorite of the empress, had not been found. (Anecdot. c. 17.)]
[Footnote 33: Per viventem in saecula excoriari te faciam. Anastasius de Vitis Pont. Roman. in Vigilio, p. 40.]
If the creed of Theodora had not been tainted with heresy,
her exemplary devotion might have atoned, in the opinion of her contemporaries, for pride, avarice, and cruelty. But, if she employed her influence to assuage the intolerant fury of the emperor, the present age will allow some merit to her religion, and much indulgence to her speculative errors. ^34 The name of Theodora was introduced, with equal honor, in all the pious and charitable foundations of Justinian; and the most benevolent institution of his reign may be ascribed to the sympathy of the empress for her less fortunate sisters, who had been seduced or compelled to embrace the trade of prostitution. A palace, on the Asiatic side of the Bosphorus, was converted into a stately and spacious monastery, and a liberal maintenance was assigned to five hundred women, who had been collected from the streets and brothels of Constantinople. In this safe and holy retreat, they were devoted to perpetual confinement; and the despair of some, who threw themselves headlong into the sea, was lost in the gratitude of the penitents, who had been delivered from sin and misery by their generous benefactress. ^35 The prudence of Theodora is celebrated by Justinian himself; and his laws are attributed to the sage counsels of his most reverend wife whom he had received as the gift of the Deity. ^36 Her courage was displayed amidst the tumult of the people and the terrors of the court. Her chastity, from the moment of her union with Justinian, is founded on the silence of her implacable enemies; and although the daughter of Acacius might be satiated with love, yet some applause is due to the firmness of a mind which could sacrifice pleasure and habit to the stronger sense either of duty or interest. The wishes and prayers of Theodora could never obtain the blessing of a lawful son, and she buried an infant daughter, the sole offspring of her marriage. ^37 Notwithstanding this disappointment, her dominion was permanent and absolute; she preserved, by art or merit, the affections of Justinian; and their seeming dissensions were always fatal to the courtiers who believed them to be sincere. Perhaps her health had been impaired by the licentiousness of her youth; but it was always delicate, and she was directed by her physicians to use the Pythian warm baths. In this journey, the empress was followed by the Praetorian praefect, the great treasurer, several counts and patricians, and a splendid train of four thousand attendants: the highways were repaired at her approach; a palace was erected for her reception; and as she passed through Bithynia, she distributed liberal alms to the churches, the monasteries, and the hospitals, that they might implore Heaven for the restoration of her health. ^38 At length, in the twenty-fourth year of her marriage, and the twenty-second of her reign, she was consumed by a cancer; ^39 and the irreparable loss was deplored by her husband, who, in the room of a theatrical prostitute, might have selected the purest and most noble virgin of the East. ^40
[Footnote 34: Ludewig, p. 161 - 166. I give him credit for the
charitable attempt, although he hath not much charity in his
[Footnote 35: Compare the anecdotes (c. 17) with the Edifices (l.
[Footnote 37: St. Sabas refused to pray for a son of Theodora, lest he should prove a heretic worse than Anastasius himself, (Cyril in Vit. St. Sabae, apud Aleman. p. 70, 109.)]
[Footnote 38: See John Malala, tom. ii. p. 174. Theophanes, p. 158. Procopius de Edific. l. v. c. 3.]
[Footnote 39: Theodora Chalcedonensis synodi inimica canceris plaga toto corpore perfusa vitam prodigiose finivit, (Victor Tununensis in Chron.) On such occasions, an orthodox mind is steeled against pity. Alemannus (p. 12, 13) understands of Theophanes as civil language, which does not imply either piety or repentance; yet two years after her death, St. Theodora is celebrated by Paul Silentiarius, (in proem. v. 58 - 62.)]
[Footnote 40: As she persecuted the popes, and rejected a council, Baronius exhausts the names of Eve, Dalila, Herodias, &c.; after which he has recourse to his infernal dictionary: civis inferni - alumna daemonum - satanico agitata spiritu - oestro percita diabolico, &c., &c., (A.D. 548, No. 24.)]
- A material difference may be observed in the games of
[Footnote 41: Read and feel the xxiid book of the Iliad, a living picture of manners, passions, and the whole form and spirit of the chariot race West's Dissertation on the Olympic Games (sect.
[Footnote 42: The four colors, albati, russati, prasini, veneti, represent the four seasons, according to Cassiodorus, (Var. iii. 51,) who lavishes much wit and eloquence on this theatrical mystery. Of these colors, the three first may be fairly translated white, red, and green. Venetus is explained by coeruleus, a word various and vague: it is properly the sky reflected in the sea; but custom and convenience may allow blue as an equivalent, (Robert. Stephan. sub voce. Spence's Polymetis, p. 228.)]
[Footnote 43: See Onuphrius Panvinius de Ludis Circensibus, l. i.
Constantinople adopted the follies, though not the virtues,
of ancient Rome; and the same factions which had agitated the circus, raged with redoubled fury in the hippodrome. Under the reign of Anastasius, this popular frenzy was inflamed by religious zeal; and the greens, who had treacherously concealed stones and daggers under baskets of fruit, massacred, at a solemn festival, three thousand of their blue adversaries. ^44 From this capital, the pestilence was diffused into the provinces and cities of the East, and the sportive distinction of two colors produced two strong and irreconcilable factions, which shook the foundations of a feeble government. ^45 The popular dissensions, founded on the most serious interest, or holy pretence, have scarcely equalled the obstinacy of this wanton discord, which invaded the peace of families, divided friends and brothers, and tempted the female sex, though seldom seen in the circus, to espouse the inclinations of their lovers, or to contradict the wishes of their husbands. Every law, either human or divine, was trampled under foot, and as long as the party was successful, its deluded followers appeared careless of private distress or public calamity. The license, without the freedom, of democracy, was revived at Antioch and Constantinople, and the support of a faction became necessary to every candidate for civil or ecclesiastical honors. A secret attachment to the family or sect of Anastasius was imputed to the greens; the blues were zealously devoted to the cause of orthodoxy and Justinian, ^46 and their grateful patron protected, above five years, the disorders of a faction, whose seasonable tumults overawed the palace, the senate, and the capitals of the East. Insolent with royal favor, the blues affected to strike terror by a peculiar and Barbaric dress, the long hair of the Huns, their close sleeves and ample garments, a lofty step, and a sonorous voice. In the day they concealed their two-edged poniards, but in the night they boldly assembled in arms, and in numerous bands, prepared for every act of violence and rapine. Their adversaries of the green faction, or even inoffensive citizens, were stripped and often murdered by these nocturnal robbers, and it became dangerous to wear any gold buttons or girdles, or to appear at a late hour in the streets of a peaceful capital. A daring spirit, rising with impunity, proceeded to violate the safeguard of private houses; and fire was employed to facilitate the attack, or to conceal the crimes of these factious rioters. No place was safe or sacred from their depredations; to gratify either avarice or revenge, they profusely spilt the blood of the innocent; churches and altars were polluted by atrocious murders; and it was the boast of the assassins, that their dexterity could always inflict a mortal wound with a single stroke of their dagger. The dissolute youth of Constantinople adopted the blue livery of disorder; the laws were silent, and the bonds of society were relaxed: creditors were compelled to resign their obligations; judges to reverse their sentence; masters to enfranchise their slaves; fathers to supply the extravagance of their children; noble matrons were prostituted to the lust of their servants; beautiful boys were torn from the arms of their parents; and wives, unless they preferred a voluntary death, were ravished in the presence of their husbands. ^47 The despair of the greens, who were persecuted by their enemies, and deserted by the magistrates, assumed the privilege of defence, perhaps of retaliation; but those who survived the combat were dragged to execution, and the unhappy fugitives, escaping to woods and caverns, preyed without mercy on the society from whence they were expelled. Those ministers of justice who had courage to punish the crimes, and to brave the resentment, of the blues, became the victims of their indiscreet zeal; a praefect of Constantinople fled for refuge to the holy sepulchre, a count of the East was ignominiously whipped, and a governor of Cilicia was hanged, by the order of Theodora, on the tomb of two assassins whom he had condemned for the murder of his groom, and a daring attack upon his own life. ^48 An aspiring candidate may be tempted to build his greatness on the public confusion, but it is the interest as well as duty of a sovereign to maintain the authority of the laws. The first edict of Justinian, which was often repeated, and sometimes executed, announced his firm resolution to support the innocent, and to chastise the guilty, of every denomination and color. Yet the balance of justice was still inclined in favor of the blue faction, by the secret affection, the habits, and the fears of the emperor; his equity, after an apparent struggle, submitted, without reluctance, to the implacable passions of Theodora, and the empress never forgot, or forgave, the injuries of the comedian. At the accession of the younger Justin, the proclamation of equal and rigorous justice indirectly condemned the partiality of the former reign. "Ye blues, Justinian is no more! ye greens, he is still alive!" ^49 [Footnote 44: Marcellin. in Chron. p. 47. Instead of the vulgar word venata he uses the more exquisite terms of coerulea and coerealis. Baronius (A.D. 501, No. 4, 5, 6) is satisfied that the blues were orthodox; but Tillemont is angry at the supposition, and will not allow any martyrs in a playhouse, (Hist. des Emp. tom. vi. p. 554.)]
[Footnote 45: See Procopius, (Persic. l. i. c. 24.) In describing the vices of the factions and of the government, the public, is not more favorable than the secret, historian. Aleman. (p. 26) has quoted a fine passage from Gregory Nazianzen, which proves the inveteracy of the evil.]
[Footnote 46: The partiality of Justinian for the blues (Anecdot.
[Footnote 48: The doubtful credit of Procopius (Anecdot. c. 17) is supported by the less partial Evagrius, who confirms the fact, and specifies the names. The tragic fate of the praefect of Constantinople is related by John Malala, (tom. ii. p. 139.)]
[Footnote 49: See John Malala, (tom. ii. p. 147;) yet he owns that Justinian was attached to the blues. The seeming discord of the emperor and Theodora is, perhaps, viewed with too much jealousy and refinement by Procopius, (Anecdot. c. 10.) See Aleman. Praefat. p. 6.]
A sedition, which almost laid Constantinople in ashes, was
excited by the mutual hatred and momentary reconciliation of the two factions. In the fifth year of his reign, Justinian celebrated the festival of the ides of January; the games were incessantly disturbed by the clamorous discontent of the greens: till the twenty-second race, the emperor maintained his silent gravity; at length, yielding to his impatience, he condescended to hold, in abrupt sentences, and by the voice of a crier, the most singular dialogue ^50 that ever passed between a prince and his subjects. Their first complaints were respectful and modest; they accused the subordinate ministers of oppression, and proclaimed their wishes for the long life and victory of the emperor. "Be patient and attentive, ye insolent railers!" exclaimed Justinian; "be mute, ye Jews, Samaritans, and Manichaeans!" The greens still attempted to awaken his compassion. "We are poor, we are innocent, we are injured, we dare not pass through the streets: a general persecution is exercised against our name and color. Let us die, O emperor! but let us die by your command, and for your service!" But the repetition of partial and passionate invectives degraded, in their eyes, the majesty of the purple; they renounced allegiance to the prince who refused justice to his people; lamented that the father of Justinian had been born; and branded his son with the opprobrious names of a homicide, an ass, and a perjured tyrant. "Do you despise your lives?" cried the indignant monarch: the blues rose with fury from their seats; their hostile clamors thundered in the hippodrome; and their adversaries, deserting the unequal contest spread terror and despair through the streets of Constantinople. At this dangerous moment, seven notorious assassins of both factions, who had been condemned by the praefect, were carried round the city, and afterwards transported to the place of execution in the suburb of Pera. Four were immediately beheaded; a fifth was hanged: but when the same punishment was inflicted on the remaining two, the rope broke, they fell alive to the ground, the populace applauded their escape, and the monks of St. Conon, issuing from the neighboring convent, conveyed them in a boat to the sanctuary of the church. ^51 As one of these criminals was of the blue, and the other of the green livery, the two factions were equally provoked by the cruelty of their oppressor, or the ingratitude of their patron; and a short truce was concluded till they had delivered their prisoners and satisfied their revenge. The palace of the praefect, who withstood the seditious torrent, was instantly burnt, his officers and guards were massacred, the prisons were forced open, and freedom was restored to those who could only use it for the public destruction. A military force, which had been despatched to the aid of the civil magistrate, was fiercely encountered by an armed multitude, whose numbers and boldness continually increased; and the Heruli, the wildest Barbarians in the service of the empire, overturned the priests and their relics, which, from a pious motive, had been rashly interposed to separate the bloody conflict. The tumult was exasperated by this sacrilege, the people fought with enthusiasm in the cause of God; the women, from the roofs and windows, showered stones on the heads of the soldiers, who darted fire brands against the houses; and the various flames, which had been kindled by the hands of citizens and strangers, spread without control over the face of the city. The conflagration involved the cathedral of St. Sophia, the baths of Zeuxippus, a part of the palace, from the first entrance to the altar of Mars, and the long portico from the palace to the forum of Constantine: a large hospital, with the sick patients, was consumed; many churches and stately edifices were destroyed and an immense treasure of gold and silver was either melted or lost. From such scenes of horror and distress, the wise and wealthy citizens escaped over the Bosphorus to the Asiatic side; and during five days Constantinople was abandoned to the factions, whose watchword, Nika, vanquish! has given a name to this memorable sedition. ^52
[Footnote 50: This dialogue, which Theophanes has preserved, exhibits the popular language, as well as the manners, of Constantinople, in the vith century. Their Greek is mingled with many strange and barbarous words, for which Ducange cannot always find a meaning or etymology.]
[Footnote 51: See this church and monastery in Ducange, C. P. Christiana, l. iv p 182.]
[Footnote 52: The history of the Nika sedition is extracted from Marcellinus, (in Chron.,) Procopius, (Persic. l. i. c. 26,) John Malala, (tom. ii. p. 213 - 218,) Chron. Paschal., (p. 336 - 340,) Theophanes, (Chronograph. p. 154 - 158) and Zonaras, (l. xiv. p. 61 - 63.)]
As long as the factions were divided, the triumphant blues,
and desponding greens, appeared to behold with the same indifference the disorders of the state. They agreed to censure the corrupt management of justice and the finance; and the two responsible ministers, the artful Tribonian, and the rapacious John of Cappadocia, were loudly arraigned as the authors of the public misery. The peaceful murmurs of the people would have been disregarded: they were heard with respect when the city was in flames; the quaestor, and the praefect, were instantly removed, and their offices were filled by two senators of blameless integrity. After this popular concession, Justinian proceeded to the hippodrome to confess his own errors, and to accept the repentance of his grateful subjects; but they distrusted his assurances, though solemnly pronounced in the presence of the holy Gospels; and the emperor, alarmed by their distrust, retreated with precipitation to the strong fortress of the palace. The obstinacy of the tumult was now imputed to a secret and ambitious conspiracy, and a suspicion was entertained, that the insurgents, more especially the green faction, had been supplied with arms and money by Hypatius and Pompey, two patricians, who could neither forget with honor, nor remember with safety, that they were the nephews of the emperor Anastasius. Capriciously trusted, disgraced, and pardoned, by the jealous levity of the monarch, they had appeared as loyal servants before the throne; and, during five days of the tumult, they were detained as important hostages; till at length, the fears of Justinian prevailing over his prudence, he viewed the two brothers in the light of spies, perhaps of assassins, and sternly commanded them to depart from the palace. After a fruitless representation, that obedience might lead to involuntary treason, they retired to their houses, and in the morning of the sixth day, Hypatius was surrounded and seized by the people, who, regardless of his virtuous resistance, and the tears of his wife, transported their favorite to the forum of Constantine, and instead of a diadem, placed a rich collar on his head. If the usurper, who afterwards pleaded the merit of his delay, had complied with the advice of his senate, and urged the fury of the multitude, their first irresistible effort might have oppressed or expelled his trembling competitor. The Byzantine palace enjoyed a free communication with the sea; vessels lay ready at the garden stairs; and a secret resolution was already formed, to convey the emperor with his family and treasures to a safe retreat, at some distance from the capital.
Justinian was lost, if the prostitute whom he raised from
the theatre had not renounced the timidity, as well as the virtues, of her sex. In the midst of a council, where Belisarius was present, Theodora alone displayed the spirit of a hero; and she alone, without apprehending his future hatred, could save the emperor from the imminent danger, and his unworthy fears. "If flight," said the consort of Justinian, "were the only means of safety, yet I should disdain to fly. Death is the condition of our birth; but they who have reigned should never survive the loss of dignity and dominion. I implore Heaven, that I may never be seen, not a day, without my diadem and purple; that I may no longer behold the light, when I cease to be saluted with the name of queen. If you resolve, O Caesar! to fly, you have treasures; behold the sea, you have ships; but tremble lest the desire of life should expose you to wretched exile and ignominious death. For my own part, I adhere to the maxim of antiquity, that the throne is a glorious sepulchre." The firmness of a woman restored the courage to deliberate and act, and courage soon discovers the resources of the most desperate situation. It was an easy and a decisive measure to revive the animosity of the factions; the blues were astonished at their own guilt and folly, that a trifling injury should provoke them to conspire with their implacable enemies against a gracious and liberal benefactor; they again proclaimed the majesty of Justinian; and the greens, with their upstart emperor, were left alone in the hippodrome. The fidelity of the guards was doubtful; but the military force of Justinian consisted in three thousand veterans, who had been trained to valor and discipline in the Persian and Illyrian wars.
Under the command of Belisarius and Mundus, they silently marched in two divisions from the palace, forced their obscure way through narrow passages, expiring flames, and falling edifices, and burst open at the same moment the two opposite gates of the hippodrome. In this narrow space, the disorderly and affrighted crowd was incapable of resisting on either side a firm and regular attack; the blues signalized the fury of their repentance; and it is computed, that above thirty thousand persons were slain in the merciless and promiscuous carnage of the day. Hypatius was dragged from his throne, and conducted, with his brother Pompey, to the feet of the emperor: they implored his clemency; but their crime was manifest, their innocence uncertain, and Justinian had been too much terrified to forgive. The next morning the two nephews of Anastasius, with eighteen illustrious accomplices, of patrician or consular rank, were privately executed by the soldiers; their bodies were thrown into the sea, their palaces razed, and their fortunes confiscated. The hippodrome itself was condemned, during several years, to a mournful silence: with the restoration of the games, the same disorders revived; and the blue and green factions continued to afflict the reign of Justinian, and to disturb the tranquility of the Eastern empire. ^53
[Footnote 53: Marcellinus says in general terms, innumeris populis in circotrucidatis. Procopius numbers 30,000 victims: and the 35,000 of Theophanes are swelled to 40,000 by the more recent Zonaras. Such is the usual progress of exaggeration.]
- That empire, after Rome was barbarous, still embraced
the nations whom she had conquered beyond the Adriatic, and as far as the frontiers of Aethiopia and Persia. Justinian reigned over sixty-four provinces, and nine hundred and thirty-five cities; ^54 his dominions were blessed by nature with the advantages of soil, situation, and climate: and the improvements of human art had been perpetually diffused along the coast of the Mediterranean and the banks of the Nile from ancient Troy to the Egyptian Thebes. Abraham ^55 had been relieved by the well-known plenty of Egypt; the same country, a small and populous tract, was still capable of exporting, each year, two hundred and sixty thousand quarters of wheat for the use of Constantinople; ^56 and the capital of Justinian was supplied with the manufactures of Sidon, fifteen centuries after they had been celebrated in the poems of Homer. ^57 The annual powers of vegetation, instead of being exhausted by two thousand harvests, were renewed and invigorated by skilful husbandry, rich manure, and seasonable repose. The breed of domestic animals was infinitely multiplied. Plantations, buildings, and the instruments of labor and luxury, which are more durable than the term of human life, were accumulated by the care of successive generations. Tradition preserved, and experience simplified, the humble practice of the arts: society was enriched by the division of labor and the facility of exchange; and every Roman was lodged, clothed, and subsisted, by the industry of a thousand hands. The invention of the loom and distaff has been piously ascribed to the gods. In every age, a variety of animal and vegetable productions, hair, skins, wool, flax, cotton, and at length silk, have been skilfully manufactured to hide or adorn the human body; they were stained with an infusion of permanent colors; and the pencil was successfully employed to improve the labors of the loom. In the choice of those colors ^58 which imitate the beauties of nature, the freedom of taste and fashion was indulged; but the deep purple ^59 which the Phoenicians extracted from a shell-fish, was restrained to the sacred person and palace of the emperor; and the penalties of treason were denounced against the ambitious subjects who dared to usurp the prerogative of the throne. ^60
[Footnote 54: Hierocles, a contemporary of Justinian, composed his (Itineraria, p. 631,) review of the eastern provinces and cities, before the year 535, (Wesseling, in Praefat. and Not. ad
Note: The recent extraordinary discoveries in Egyptian
antiquities strongly confirm the high notion of the early Egyptian civilization, and imperatively demand a longer period for their development. As to the common Hebrew chronology, as far as such a subject is capable of demonstration, it appears to me to have been framed, with a particular view, by the Jews of Tiberias. It was not the chronology of the Samaritans, not that of the LXX., not that of Josephus, not that of St. Paul. - M.]
[Footnote 56: Eight millions of Roman modii, besides a contribution of 80,000 aurei for the expenses of water-carriage, from which the subject was graciously excused. See the 13th Edict of Justinian: the numbers are checked and verified by the agreement of the Greek and Latin texts.] [Footnote 57: Homer's Iliad, vi. 289. These veils, were the work of the Sidonian women. But this passage is more honorable to the manufactures than to the navigation of Phoenicia, from whence they had been imported to Troy in Phrygian bottoms.]
[Footnote 58: See in Ovid (de Arte Amandi, iii. 269, &c.) a poetical list of twelve colors borrowed from flowers, the elements, &c. But it is almost impossible to discriminate by words all the nice and various shades both of art and nature.]
[Footnote 59: By the discovery of cochineal, &c., we far surpass
the colors of antiquity. Their royal purple had a strong smell,
and a dark cast as deep as bull's blood - obscuritas rubens,
(says Cassiodorus, Var. 1, 2,) nigredo saguinea. The president
Goguet (Origine des Loix et des Arts, part ii. l. ii. c. 2, p.
184 - 215) will amuse and satisfy the reader. I doubt whether
his book, especially in England, is as well known as it deserves
[Footnote 60: Historical proofs of this jealousy have been occasionally introduced, and many more might have been added; but the arbitrary acts of despotism were justified by the sober and general declarations of law, (Codex Theodosian. l. x. tit. 21, leg. 3. Codex Justinian. l. xi. tit. 8, leg. 5.) An inglorious permission, and necessary restriction, was applied to the mince, the female dancers, (Cod. Theodos. l. xv. tit. 7, leg. 11.)]