Theodora determined gradually to restore wives to the powerful position that they had lost. This bias of hers explains Justinian's legislation, which she sponsored, against prostitutes and sodomites. While husbands were free to take their pleasure in the public brothels or with state catamites, their wives could not easily manage them. The Association of Procurers, formerly under Imperial protection, was broken up; and procuring made a criminal offence. Sodomy was now punishable by castration, and there was also a great rounding up of common prostitutes of the sort who charge a few pence only and are known as 'the infantry'. Theodora called'these unfortunates 'a standing offence to the dignity of women'. She allowed them three months to make themselves respectable by marriage; then, if still obstinately unmarried, they were arrested again and shut up in the so-called Castle of Repentance on the Asiatic shore of the Bosphorus. (A considerable number of the 500 women confined there jumped to death from the casdc walls in their vexation and boredom.) But to those who chose marriage Theodora offered a dowry, and a great many benefited by her generosity. Nevertheless, she did not touch 'the cavalry', as the more accomplished prostitutes were called, who were their own managers, possessed valuable jewellery, and were organized as a guild. She employed them as her secret agents, and provided good physicians for them when they fell sick.
It was a bad time for husbands. Theodora made it quite plain that wives no longer needed to live chaster lives than they. If a husband had been companying with prostitutes – as practically every husband did at some time or other – the wife was at perfect liberty to amuse herself with lovers. If he then grew angry with her, she could make an immediate appeal to Theodora and bring a counter-charge against him, of cruelty, or failure to support his family, or something of the sort; and Theodora never failed to bring the charge home, accepting the wife's account of the matter without question. Often a jealous husband had to pay a fine amounting to double the wife's dowry; which was then handed over to her in Court, after a small deducation had been made for costs. He was also likely to be scourged and usually given a few days in prison. Husbands after a time grew very careful how they behaved themselves, and also very careless how their wives behaved. The scourge was a five-strapped leather whip with an iron tag at the end of each strap; and the public slaves laid on extremely hard.
As a good example of Theodora's way with husbands, let me describe how the son of the Master of Offices fared. He wished to marry a second cousin of his; but Theodora, who had decided to match him with the Lady Chrysomallo's daughter, told him that this was quite out of the question: she disapproved of marriages between cousins. He was obliged to yield, of course, because Theodora was to the Court what an old grandmother is to the members of a large country family. He was lucky enough to be marrying the Lady Chrysomallo's daughter, who was young and pretty and intelligent; but after the wedding he grumbled to a friend of his that the girl had been 'tampered with'. The fact was that the Lady Chrysomallo, though nominally a Christian, kept to the customs of her family – which, because of its connexions with the Hippodrome, was a pagan one. Thus the girl, instead of presenting her husband with an intact maidenhead, had undergone the traditional pagan ceremony'of dcflorcscence- namely, equitation of the stone phallus of a Priapic image, to induce fertility. The bridegroom's complaint came to Theodora's ears, and she was very angry. ' What airs these young gentlemen give themselves to be sure I' she cried. 'I suppose he has never in all his life tampered with a girl himself! "Tampered" indeed!' Then she gave orders that he should be tossed in a blanket by her servants, just as vain and unpopular schoolboys are tossed on the way to school by their schoolfellows. And, after the tossing, they thrashed him.
Theodora, as the story of Severus's elephant reminds me, never lost a chance of paying off an old score. The patrician Hicebolus was among the first to pay for his former ill-treatment of Theodora: he was brought back from Pentapolis on a charge of sodomy, Theodora herself judging the case, was convicted (not without justice) and sentenced to castration. He died of blood-poisoning after the operation.
