In 522, Theodora met and courted Justinian. When they met Justinian was of noble ranking in the Byzantine empire and Theodora was a prostitute. In order to sanctify their marriage Justinian had to pass multiple laws that would allow men of noble birth to be able to marry actresses. After these laws were passes Justinian and Theodora married. After their marriage Theodora was just as influential in Byzantine politics as her husband. Without Theodora, Justinian’s reign may have been cut short due to the Nika Riots (Potter).They were also able to pass laws that bettered the lives of women in the Byzantine empire by protecting forewomen and the passing of rape protection laws (Codex Justinianus,Vll.24.i. and Nghiem, pg 100). Theodora also fought to better the lives of the persecuted Monophysites regardless of her husband’s religion. Even more compelling evidence for Theodora’s effectiveness as ruler is her husband’s lull in laws after her death (Connor 131-132). Although she was never officially named a co-regent of the Byzantine empire, Theodora was just as influential in politics as her husband Justinian through her empowering speech, laws, and her fight for the Monophysites.
Before the two could marry, Justinian had to pass a few laws that allowed women of Theodora’s standing to marry him. The law allowed for women who were formerly actresses to marry men of a higher rank and the marriage would be official (Justinian- Edict). This is the fist insight into how much power Theodora truly held over Justinian. “In 537, the emperor issued an order that no one could force a woman to make an agreement to go on stage, and said that any such agreement had no legal force. A woman should be free to ‘live in chastity without danger’” (Potter, pg 180). This was Justinian’s way of insuring that his marriage to Theodora would be legitimate and recognized by the church. Although this law was helpful in the rally for women’s right at that time many people did not like them. Such as Procopious who thought that these laws weakened the sanctity of marriage and corrupted the empire. “Procopius’ rantings about that way Theodora corrupted the marriage laws, allowing women far more freedom than they had in the past, tally with some of the provisions of a major law issued at the end of 542 outlining marriage practices— which prompts the thought, probably with good reason, that Theodora had a hand in drafting this piece of legislation, as well as that of earlier years on related issues” (Potter, pg 180). Before their marriage had even taken place the power of Theodora was clear. Most historians agree that Theodora was influential in the drafting of many laws during this time.Through this marriage she was not only able to better her life, but the lives of thousands of women in the Byzantine empire.
Only five years into Justinian’s reign, the Nika Riots were an immediate threat to the well-being of the Byzantine Empire. “As the early years of Justinian’s reign proceeded, the number of unpopular officials was bound to increase as a result of the growing ruthlessness and oppression of his government. This is the background to the outbreak of 532” (Barker, pg 84). A divide among the Byzantine peoples caused the riots and even resulted in the burning of the famous Hagia Sophia church. As the small outbursts continued to occur, “It was plain that, in a rare reversal of the usual situation, the two factions had buried their differences and had agreed to cooperate in pressing their mutual demands” (Barker, pg 85). Together the two separate factions posed a great threat to Justinian’s rule. Many of Justinian’s officials, and even Justinian himself, began to fear for their lives. In order to save himself, Justinian considered fleeing Constantinople. In response to this Theodora replied, “For as for myself, I approve a certain ancient saying that royalty is a good burial-shroud” (Procopius, Book I, chap. xxiv. secs.33-37). Theodora’s early life was lived in poverty and she was not willing to sacrifice her new royal stature. When Theodora made this famous speech she emboldened all of the men around her and they all decided to stay in Constantinople. After this speech Justinian was able to successfully crush the rebellion and restore order in the empire. Had Theodora not made this speech, Byzantine history would be undoubtedly altered. The influence of Theodora is undeniable in this speech as she single handedly kept her entire empire intact.
Together, Justinian and Theodora were able to pass laws in order to better the lives of women in their empire. Although Procopius was greatly biased against Theodora, he did reveal that she was able to gain a great deal of power within her new marriage. In the “Secret History” he stated, “At first he kept her only as a mistress, though he raised her to patrician rank. Through him Theodora was able immediately to acquire an unholy power and exceedingly great riches” (Procopius, pg 49). This account of Theodora reveals that she truly did hold a great deal of power in he government regardless of her previous social rank. Procopoius believed her power was obtained by an enchantment of sorts, however her success was due to her political savvy. Historian Carolyn Connor states “Justinian and Theodora ruled as a team, and at one critical juncture Theodora openly disagreed with her husband, with the result that they remained in power” (pg 126). From this quote we can ascertain that Theodora was just as influential as a ruler as her husband Justinian.
For example they passed a law to ensure that women married to servile men were able to keep their freedom. The law stated, “therefore, in a free people it ought to be observed that the religion of my times in no way suffers that a woman once possessed of liberty should be reduced to servitude by such infamy” (Codex Justinianus,Vll.24.i.). This secured the future for many women so that they were able to marry the men that they wanted to. Before this law, women whom married servile men were stripped of their previous freedom. This law was another addition to the civil rights that were afforded to women. Similarly to the edict about actresses, this law allowed women to sustain higher ranking. After this law, many women were granted freedoms that weren't previously allowed.
Justinian also passed laws that would protect women against rape. “Subsequently, later jurists state in the Co-dex Justinianus that victims of rape were guilty of neither stuprum nor adultery consequently, rape would have been a man's stuprum, for when committed upon a woman, there was no adultery since she did not possess do/us (willful intent)” (Nghiem, pg 100). Stuprum is another word for adultery and before this law was passed a woman that was raped was believed to have committed stuprum. Before this law, women would be afraid to report rape because it was considered adultery. However, after this law was passed women were able to take legal action against their abusers. They were also able to keep their status as pure for marriage. Before this rape would result in the inability of the young woman to take part in an advantageous and legitimate marriage. Again, this was a great success for all women in the Byzantine empire. As a former actress, Theodora may have felt compelled to protect the women that led high risk lives like she had previously.
Theodora was also a veil for persecuted Monophysites and maintained her opposing religion even after ruling an Orthodox region. She had grown up a Monophysite and her husband was a Chalcedeonian Orthodox. Even though they had opposing religious beliefs the couple was able to live in compromise. “The laws of 527 refrained from targeting the Monophysites, who had been persecuted in 518-19. Certainly the empress had direct influence on her husband here” (Cesaretti, pg 392). The laws the protected the monophysites can be directly linked to Theodora’s religious beliefs. Theodora was a direct influence in the protection of monophysite peoples, and was able to balance the two opposing religions.“Theodora managed not only to protect important bishops, monks, and leaders of that sect… but also to hide some of them in the Hormisdas Palace, adjacent to the imperial palace in Constantinople” (Connor, pg 131). Justinian ruled for some time after Theodora’s death and their alliance was still seen in his political policies passed in later years. Theodora was able to balance her own beliefs with the beliefs of her empire.
More evidence for Theodora’s influence on Byzantine politics are the laws that were passed after her death. “After Theodora’s death, Justinian’s rule became less and less effective. for he had not only depended on her for help in ruling but he also loved her…” (Connor, pg 131-132). Connor is referring to the fact that Justinian passed less laws after his wife’s death. However, the laws that he did pass aligned with her political beliefs, which lead us to believe that he respected her wishes after she died. Justinian revealed in one section of the Novellae Constitutiones, “We have taken as partner in out counsels our most pious consort given us by God.” From this we can conclude that Justinian truly loved Theodora and considered her an important government official.
Theodora was one of the most influential women in the late Byzantine empire. As empress she was able to help co-rule her nation. Through the passage of more lenient divorce laws and rape laws she able to better the lives of women in her empire. Although her husband’s beliefs did not align with her own, she still fought for the protection of her original section of religion: the Monophysites. Another instance of her power is her speech during the Nika Riots which motivated Justinian to stay and fight. Most apparent of her influence is Justinian’s reign after her passing.