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the structures <strong>of</strong> government 177<br />

working on the Theodosian Code might be honorary quaestor, or men<br />

charged with supplying an army for a campaign might rank as praetorian<br />

prefects. Some <strong>of</strong> those so honoured were vacantes, without specific duties,<br />

but still (presumably) enjoying the <strong>of</strong>ficial salary <strong>of</strong> their rank.<br />

Recruitment to the corps <strong>of</strong> notaries might also be a way <strong>of</strong> honouring<br />

high-flyers with a sinecure post, but many notaries withdrew entirely from<br />

their nominal duties at court. In the sixth century, in particular under<br />

Justinian, the number <strong>of</strong> high honorary <strong>of</strong>ficials, especially prefects, proliferated<br />

enormously, as did the more formally honorific titles <strong>of</strong> patrician<br />

and honorary consul, far beyond the capacity <strong>of</strong> the emperors to find occasional<br />

employment for them. The emperors were enlarging the pool <strong>of</strong><br />

gentry who were bound more directly to them than those associated with<br />

the traditions <strong>of</strong> town councils or state departments; like politicians at<br />

other periods, they also increased their revenues through the sale <strong>of</strong><br />

honours (see further below). The practice testifies to the integration <strong>of</strong> the<br />

imperial system and its wealthier subjects, who pressed for admission; it<br />

may also reflect Justinian’s problems with the established aristocracy, especially<br />

during the 520s when he was desperate to ensure his succession to the<br />

throne. In the long run, this tendency to separate power and status from<br />

imperial service must have weakened emperors and devalued the active<br />

<strong>of</strong>fices on which status was ultimately based. 54<br />

Another potential challenge to imperial domination might be provided<br />

by the senates <strong>of</strong> Rome and Constantinople, which embodied the traditions<br />

<strong>of</strong> Rome even more than did imperial <strong>of</strong>fice. Constantine I and<br />

Valentinian I had made senatorial membership the highest reward for<br />

service; senatorial approval still legitimated emperors or actively aided their<br />

accessions, as it did for Anastasius and Justin II; the senate at Rome may<br />

have played a part in the rise <strong>of</strong> Theodahad to the Gothic kingship. 55<br />

Senators were also capable <strong>of</strong> passive resistance, and even active opposition<br />

to rulers. Justin I and Justinian, for example, both submitted controversial<br />

plans to the senate and faced strong opposition, led on one occasion<br />

by the quaestor Proclus and on another by the praetorian prefect John the<br />

Cappadocian. 56 Phocas seems to have encountered determined opposition<br />

from the administrative and social élite in Constantinople. The elimination<br />

<strong>of</strong> Boethius reflects Theoderic’s justified anxiety about the behaviour <strong>of</strong><br />

the Roman senate.<br />

Again outside the administrative structures, but loosely associated with<br />

them by function, and by imperial honours, payments and supervision, stood<br />

the pr<strong>of</strong>essional groups <strong>of</strong> lawyers, doctors and teachers. The judicial functions<br />

<strong>of</strong> Roman magistrates and emperors, and the engagement in litigation<br />

54 The fasti in PLRE iii provide lists <strong>of</strong> honorary <strong>of</strong>fices and ranks.<br />

55 For this speculation, see Barnish (1990) 28–30.<br />

56 Theophanes 168.2–6; Procop. Wars i.11.10–18; 3.10.<br />

<strong>Cambridge</strong> <strong>Hi</strong>stories Online © <strong>Cambridge</strong> University Press, 2008

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