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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 honors 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

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

[Footnote 28: See the old law in Justinian's Code, (l. 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 scenicoe, libertinae, tabernariae. See the novels 89 and 117, and a Greek rescript from Justinian to the bishops, (Aleman. p. 41.)]

[Footnote 29: I swear by the Father, &c., by the Virgin Mary, by the four Gospels, quae in manibus teneo, and by the Holy Archangels Michael and Gabriel, puram conscientiam germanumque servitium me servaturum, sacratissimis DDNN. Justiniano et Theodorae conjugi ejus, (Novell. viii. tit. 3.) Would the oath have been binding in favor of the widow? Communes tituli et triumphi, &c., (Aleman. p. 47, 48.)]

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

Chapter XL: Reign Of Justinian.

Part II.

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