Justinian I : internal affairs and the Church

Internal policy

Justinian's best-known work was as a codifier and legislator. He greatly stimulated legal studies, and in 528 he set up a commission to produce a new code of imperial enactments or constitutions, the Codex Constitutionum. This was published in 529, and in 530 a second commission sat to codify the Roman jurists; the work of this commission, known as the Digest (Digesta), appeared in 533. At the same time, a handbook for the use of law students, the Institutes (Institutiones), was prepared and published in 533. A second edition of the Codex Justinianus containing Justinian's own laws up to the date of issue was published in 534. His subsequent legislative work to 565 is known as the Novels (Novellae Constitutiones Post Codicem). Much of this legal activity was inspired and supervised by Tribonian, the emperor's most important judicial minister. (See Justinian, Code of.)

Justinian was genuinely concerned with promoting the well-being of his subjects by rooting out corruption and providing easily accessible justice. This involved adequate control over provincial governors and some administrative reorganization. At the same time it was essential to provide revenue for Justinian's various military campaigns, particularly in the West. Justinian knew how to pick his servants. He had two outstanding ministers. One was John of Cappadocia from Asia Minor, and the other was Peter Barsymes, a Syrian. John was praetorian prefect from 531 to 541, Peter from 543.

The first important reform was the prohibition of the suffragia, or sale of provincial governorships, in 535, for it was clear that new governors' desire to recoup the heavy initial expense of purchasing their office accounted for much extortion inflicted by them upon the provincial populaces. Instructions were drawn up for provincial governors, and the position of the defensores civitatis, the officials whose duty it was to protect the cities, was strengthened and their jurisdiction widened so that provincials did not need to have the expense of going to the governor's court. At the same time, there was a reorganization of the provincial system. Changes were made in the dioceses of Asiana, Pontica, and Oriens and in Egypt involving the abolition of the vicariates (administrative officials) and the regrouping of the provinces, thus effecting some economy. In some cases (e.g., Egypt and Cappadocia, where only purely internal civil disorders might arise), civil and military authority was combined and the governor given the higher rank of spectabilis (notable) with final jurisdiction in cases of less than 500, later 750, solidi. But where it might be necessary for the duces to defend a strategic point against an enemy, the civil and military powers remained distinct, as in Syria.

These rather piecemeal changes sometimes resulted in situations in which, despite Justinian's efforts, the provincial governor was unwilling or not sufficiently strong to enforce good government; and with the disappearance of the larger unit of the vicariate, there was nothing left but an expensive appeal to Constantinople. In order to meet these difficulties, there was a partial renewal of a different kind of vicariate after John of Cappadocia's fall. Under both John and his successor, Peter Barsymes, finance was of primary concern, since wars and subsidies to foreign powers and barbarian rulers were expensive. Regained provinces, especially in Italy, were often so devastated that they could not pay their way, and income from these provinces was, therefore, irregular. The money was found, however, largely through the financial ability of Justinian's two ministers. Taxes were efficiently collected, accounts audited, misappropriations tracked down, public expenses pruned, and city spectacles and municipal services cut down—thus alienating rich and poor alike both in the provinces and in the capital. One important source of revenue came from trade and industry that had long been vigorously promoted in the Roman Empire, particularly with India, Southeast Asia, and China. Spices, perfumes, and raw silk were among the most important imports. Persian hostility could cause prices to rise or even stop supplies. A feature of this period was the introduction of the silkworm from Sogdiana (Samarkand and Bukhara), so that the Byzantine market eventually achieved an independent supply of silk. The sale of raw material was a government monopoly, and Peter Barsymes, Justinian's finance minister, extended this to silk fabrics, thus creating another lucrative state monopoly.

Government attempts to root out abuses and its attacks on vested interest, whether of rich or poor, were unpopular. In 532 public discontent was voiced most dramatically in Constantinople by the Nika revolt (“Nika”—“Conquer,” or “Win”—was the cry of rival factions at the races in the hippodrome). The city parties known as the Greens and the Blues united and attacked and set fire to the city prefect's office and public buildings, as well as to part of the imperial palace and the Church of the Holy Wisdom adjoining it. Then they gathered in the hippodrome, calling for the dismissal of the city prefect and of Justinian's two ministers, John the Cappadocian and the advocate Tribonian. Justinian agreed, but the mob was by now out of control and perhaps exploited by interested parties. The next day the late emperor Anastasius' nephew Hypatius was proclaimed emperor and was supported by certain senators. The crowd and the usurper assembled in the hippodrome. At this point two factors saved Justinian. Theodora persuaded him to stand his ground, and the generals in the city, Belisarius and Mundus, mustered what troops they could and resolutely turned on the mob in the hippodrome. They gained the upper hand, helped by Narses, though only at the cost of a wholesale massacre of the rebellious citizens. Hypatius was executed. The uprising had nearly cost Justinian his throne.

Justinian's wars, the maintenance of an efficient army and navy, and his subsidies to foreign powers and to barbarians were costly, but so was his building program (which is described in detail in Procopius' book On Buildings [De aedificiis]). This program included public works, such as aqueducts and bridges, the rebuilding of whole cities devastated by earthquakes (a recurring and expensive item throughout the reign), as well as essential fortifications and defenses on the extensive frontiers. It also included buildings such as monasteries, orphanages, hostels, and churches. Two of his churches, Hagia Sophia and SS. Sergius and Bacchus (called Little Hagia Sophia), still stand in Constantinople (now Istanbul). In Hagia Sophia his architects achieved one of the finest and most justly famed buildings in the world.

Ecclesiastical policy

In the Byzantine Empire, church and state were indissolubly linked as essential aspects of a single Christian empire that was thought of as the terrestrial counterpart of the heavenly polity. It was therefore the duty of Justinian, as it was for later Byzantine emperors, to promote the good government of the church and to uphold orthodox teaching. This explains why so many of his laws deal in detail with religious problems. Pagans, heretics, and Samaritans, for instance, were forbidden to teach any subject whatsoever, and, though fully appreciative of the classical heritage, Justinian expelled pagan teachers from the once-famous Academy at Athens, an action directed against paganism rather than Greek philosophy.

Justinian's main doctrinal problem was the conflict between the orthodox view accepted at the Council of Chalcedon (451), that the divine and human natures coexist in Christ, and the Monophysite teaching that emphasized his divine nature. Monophysitism was strongly held in Syria and Egypt and was closely allied to growing national feelings and resentment of Byzantine rule. Justinian, whose wife, Theodora, was a strong champion of the Monophysites, did not wish to lose the eastern provinces, but he knew, on the other hand, that any concessions to them would almost certainly alienate Rome and the West. Justinian tried to compel the orthodox Western bishops to arrive at a compromise with the Monophysites, and he even went so far as to hold Pope Vigilius against his will in Constantinople and to condemn some writings by important church figures in Antioch in an effort to achieve his aim. The second Council of Constantinople (553) finally reaffirmed the Chalcedonian position and condemned the Antioch suspect writings. Justinian achieved nothing by the episode, however; he did not conciliate the Monophysites, he enraged Antioch by the attack on its teachers, and he aroused Rome particularly by his handling of Pope Vigilius and his attempt to determine doctrinal matters. The decrees of the council were not accepted by Vigilius' successors, and a schism thus occurred between Rome and Constantinople that lasted until 610.

Toward the end of his reign, Justinian to some extent withdrew from public affairs and was occupied with theological problems. He even lapsed into heresy when, at the end of 564, he issued an edict stating that the human body of Christ was incorruptible and only seemed to suffer (the doctrine called Aphthartodocetism). This roused immediate protest, and many ecclesiastics refused to subscribe to it, but the matter was dropped with the emperor's death, at which time the throne passed to his nephew Justin II in 565. To describe Justinian's interest and activity in church affairs as caesaropapism (state in control of the church) is misleading. Justinian, like succeeding Byzantine emperors, regarded himself as the viceregent of Christ, and the Eastern Roman Empire knew no such clear-cut distinction between church and state as developed in Latin Christendom.