This chapter addresses the subject of sex in Constantinople in the sixth century CE, the heart of the Eastern Roman Empire. It draws on a range of rich evidence. A fundamental starting point is provided by the writings of the contemporary historian Procopius, in particular his comments in Secret History on the life and deeds of the empress Theodora, wife of the emperor Justinian I (527–565), who was an actress before marrying her husband. In addition it draws on the legislation of the emperor Justinian, the chronicle of John Malalas, erotic epigrams of the period, and Christian ascetic literature. From these writings strong ideals of right and wrong sexual behaviour emerge, revealing both traditional Roman values and the increasing Christianisation of society. This can create the impression that sexual activity was very tightly controlled, especially prostitution, extra-marital sex, and same-sex sex. However, it is apparent that life was less clear-cut. Justinian himself recognized that desire was a powerful impulse and that people did ‘sin’. It is also evident that people could enjoy thinking about illicit sex, and engage in it enthusiastically. Ironically, overtly Chistian texts could even incite the desire they sought to neutralize.

The focus of the chapter is on those features of the late Roman world in the West which were the environment of early papal jurisprudence. These include: the sheer number of clerics and monks, the heterogeneity of these two Christian elites, their relation to existing secular legislation on status and occupations, inconsistency in ritual systems, contested meanings of baptism and its place in the religious year, the symbolic significance of time, the disruption to society of the barbarian invasions, the two Christian systems of marriage (episcopal and imperial), and the spatial structures of empire and church. The chapter attempts to elucidate two overlapping sources of tension which played a part in generating the first papal jurisprudence: the multiplicity of semi-autonomous evolving systems, and uncertainty about where or whether to draw a line between non-negotiable principles and legitimate variation.

The chapter serves both as a summary of the classical model of scriba-ship established throughout the book and as an epilogue to the history of the scribae in the Later Roman Empire and beyond. It follows the sparse traces of scribae and revivals of the post in the institutions of the Late Roman state. It argues for the pervasive nature of the idea of the scriba using the example of a public scribe in the Ostrogothic Kingdom of the seventh century.