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It is to be remembered that Pope Agapetus, elected in 535, was the subject of the Gothic king Theodatus, and as such was sent by him, under threats of death, in the winter of this year, on an embassy to Justinian. The purpose of Theodatus was to support his tottering throne by the intercession of the Pope.
He intended to unify the regions controlled by the republic by abolishing offensive political distinctions, and to develop them by means of a geographical survey which would have occupied years to complete under the most competent management; and he wished to codify the Roman law, which had been growing up into a universal jurisprudence, a work which Cicero looked upon as a hopeless though brilliant vision, and one that Justinian actually accomplished, though not until six hundred years later.
And pushing back the enemy they raised the paean, and with shouts proclaimed the Emperor Justinian triumphant, as if they had won the victory. At this point Chosroes, seated on the tower which is on the height, summoned the ambassadors, wishing to say something.
Gubazes, disgusted with the negligence or incapacity of the Roman chiefs, had made complaint of them to Justinian; they had retaliated by accusing him of meditating desertion, and had obtained the emperor's consent to his arrest, and to the use of violence if he offered resistance.
The favorite of Justinian was sacrificed to conjugal tenderness or domestic tranquility; the conversion of a præfect into a priest extinguished his ambitious hopes: but the friendship of the emperor alleviated his disgrace, and he retained in the mild exile of Cyzicus an ample portion of his riches.
Justinian relaxed the punishment at least of female infidelity: the guilty spouse was only condemned to solitude and penance, and at the end of two years she might be recalled to the arms of a forgiving husband. But the same emperor declared himself the implacable enemy of unmanly lust, and the cruelty of his persecution can scarcely be excused by the purity of his motives.
At that time a certain spy who had been sent from the Persians to the Romans came into the presence of the Emperor Justinian and revealed many things which were taking place among the barbarians, and, in particular, that the nation of the Massagetae, in order to injure the Romans, were on the very point of going out into the land of Persia, and that from there they were prepared to march into the territory of the Romans, and unite with the Persian army.
The memory of past calamities inspired Justinian with a wise resolution, that no wood, except for the doors, should be admitted into the new edifice; and the choice of the materials was applied to the strength, the lightness, or the splendor of the respective parts.
When he passed with a small and sordid retinue through the streets of Constantinople, his forlorn appearance excited the amazement and compassion of the people. Justinian and Theodora received him with cold ingratitude; the servile crowd, with insolence and contempt; and in the evening he retired with trembling steps to his deserted palace.
I have already pointed out that gifts between husband and wife were illegal and I have explained the reasons. Justinian allowed the husband to make donations to his wife, in such wise, however, that all chance of intent to defraud might be absent.
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