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justinian’s early years (527,32) 69
of the credit must go to Justinian’s quaestor, Tribonian, of whose learning
both Procopius and John Lydus write with respect, though the former, typically,
also accuses him of being avaricious and a flatterer. 38 Tribonian held
the post of quaestor sacri palatii twice, being dismissed by Justinian during
the Nika revolt in order to pacify the crowd, but later reinstated. The great
compilations were all issued in Latin, but, like John Lydus, Tribonian could
function in both Latin and Greek, and Justinian’s later laws, known as
Novels, because new, were issued mainly in Greek. 39
Justinian’s activity as codifier of imperial Roman law was of immense
importance in its later transmission and adoption in western Europe. But
he was also an energetic legislator himself – indeed, restless innovation is
one of Procopius’ charges against him. Vehement against homosexuals, his
legislation on family matters gives more rights to mothers and recognizes
women as being in need of protection, also allowing them to initiate
divorce, even if on restricted grounds. 40 Justinian was severe in his measures
against pagans, and indeed all who deviated from the orthodox norm.
Pagans, heretics, Manichaeans, Samaritans and Jews were the targets of a
series of laws beginning very early in his reign; property and other rights
were severely curtailed; Manichaeans and renegade Christians were liable
to death; pagans were forbidden to teach, and ordered to convert on pain
of exile and confiscation of property. 41 A harsh law directed against the
Samaritans led in a.d. 529 to the first of two serious revolts which broke
out during Justinian’s reign, both put down amid much bloodshed. 42
Among those singled out for investigation as a pagan was the patrician
Phocas, who as praetorian prefect was later in charge of the construction
of St Sophia and who is praised for his integrity by John Lydus. 43
Something of the milieu shared by many of those who came under attack
now and later in the reign can be sensed from an anonymous dialogue on
political knowledge preserved in palimpsest, in which the speakers are a
certain Menas, patricius, and Thomas, referendarius; 44 like John Lydus, the
author uses Platonic categories to put forward a critique of contemporary
monarchy. The legislation forbidding pagans to teach effectively put an end
to the existence of the Academy at Athens, where Platonic philosophy had
38 Procop. Wars i.24.16, with i.25.2, SH 13.12; Joh. Lyd. De Mag. iii.20; for Tribonian, see PLRE iii,
s.v. Tribonianus 1; Honoré (1978), especially ch. 2.
39 The Novels on ecclesiastical and religious matters were soon collected and issued together with
collections of church canons: van der Wal and Stolte (1994).
40 Beaucamp (1990, 1992). Justinian’s laws: Malal. 430.12–17; 436.3–16; 437.3–18; 439.8–440.13.
Procop. SH gives much detailed information, even if from a hostile point of view.
41 Stein, Bas-Empire ii.370–5; Pertusi (1978) 185–7; Lemerle, Byzantine Humanism 73–9; for Justinian’s
measures against Samaritans and Jews see Rabello (1987).
42 Procop. Wars i.13.10; Malal. 445.19–447.21; Chron. Pasch. 619, with Whitby and Whitby (1989) 111
n.; second Samaritan revolt (555): Malal. 487; not mentioned in Procop. Buildings, see Cameron, Procopius
92. 43 See Maas, John Lydus 78–82; Phocas committed suicide after a similar purge in 546, ibid. 71.
44 Ed. Mazzucchi (1982); cf. Phot. Bibl. cod. 37.
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