Page:The age of Justinian and Theodora (Volume 2).djvu/119

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young relatives of Justinian,[1] seeing their opportunity, placed themselves at the head of a small body of faithful guards and made an impetuous rush to the Cathisma. No one daring to withstand them, they ascended at once, seized on Hypatius and his brother, and hurried them before the Emperor. They were submitted to a brief examination, during which Hypatius maintained a dignified attitude, and asserted his consistent loyalty, asseverating that they had merely acted under popular compulsion. On the other hand, Pompeius, a man less experienced in affairs, broke down utterly, and abjectly bewailed his misfortune. Justinian remanded them in custody, and consulted with his ministers as to their fate.[2] He suggested clemency, but the Empress intervened with her usual vehemence, and insisted on the infliction of the death penalty.[3] She bore down all opposition, and next morning they were handed over to the soldiery, who executed them and threw their bodies into the sea. Their property was confiscated to the state, as well as that of the other men of rank who had associated themselves to the Nika, but after a short time a partial restitution was made to their families.[4] That Jus-**

  1. Procopius, loc. cit. Generally assumed to be nephews of Justinian ex fratre ignoto. Procopius alone seems to know of the assistance they rendered, or the exact details of the attack in general.
  2. Jn. Malala, loc. cit., etc. They are represented as pleading, "Master, we designedly massed your enemies into the Hippodrome," to which Justinian replies, "You did well, but why not before the city was consumed by fire?" As all the damage was done while they were still in personal attendance on him, this taunt seems illogical.
  3. Zacharia Myt. (ix, 14) is the only one to mention Theodora's implacability. "She became enraged and swore by God and him (J.)," etc.
  4. Procopius, loc. cit., etc. According to Chron. Paschal., the body of Hypatius was thrown up again, and Justinian ordered it to be buried