This action of Belisarius's enraged the factions, which were now altogcdicr out of control. On the next day Justinian sent out a herald to the Square of Augustus to announce that Cappadocian John had resigned his command and that the City Governor and Tribonian, the Lord Chief Justice, had also retired from office. (Tribonian had been so busy with his work of re-codifying the laws that he had not had sufficient time to supervise the administration of justice.) But this concession was no longer enough to restore peace, especially as the truce between the factionists had been broken in quarrels over the division of plunder, and the Green cause had revived with unexpected strength. By the seventeenth of January there had been sacked and burned: the churches of St Sophia and St Irene, and the Royal Porch, which was a famous library containing among other curiosities the complete works of Homer written upon the intestines of a serpent forty yards in length, and the Baths of Zeuxippus lying between the Brazen House and the Hippodrome, and the silversmiths' colonnades, and the High Street as far as the Square of Constantine. A vast amount of treasure was thus destroyed. We domestics watched the fires from an upper window and did not dare to go to bed at night for fear of being burned to death if we did.
It was not until the fifth day of the riots, which was the eighteenth of January, that Theodora managed to persuade Justinian to enter the Hippodrome and make a public appeal for peace. The Hippodrome runs parallel with the Palace, on the slope leading down to the Sea of Marmora. At the northern end are two towers, and stables, chariot-sheds, and offices for the entertainers, and, high up to one side, at the point commanding the best view of the start, the Royal Box surmounted by the gilded horses from Chios. This Box was reached by a private colonnade from the Daphne Palace, skirting St Stephen's Church, so Justinian did not need to risk driving through the public streets. Holding a copy of the Gospels, he appeared in the Royal Box before the packed Hippodrome and began one of those vague paternal exhortations to peace and harmony, combined with vague promises, which are usually effective, after a riot, when popular heat is beginning to cool somewhat and the graver sort of people have begun to reckon up the damages. But it proved perfectly useless, because not backed up by any show of force. Half-hearted cheers came from the Blue benches, interspersed with hisses — but yells of execration from the Greens, who were now in the ascendant again, many deserters having returned to their old allegiance. Stones and other missiles were thrown at the Royal Box, as once in Anastasius's time, and Justinian retired precipitately, the mob streaming out of the Hippodrome in pursuit of him. Thereupon the Thracian-Gothic Guards withdrew from the Palace and joined their fellows in the Brazen House. The mob plundered and burned down the extensive block of Palace buildings, adjacent to St Stephen's Church, which was the residence of the eunuchs of the Civil Service.
Now, the least worthless perhaps of Anastasius's worthless nephews, of whom one or other had been expected to succeed to the Throne before Justin seized it, was Hypatius. He had served under Belisarius at Daras, somewhat ingloriously indeed — it was his squadron that had been forced from the trenches on the right wing when the Immortals charged; but it could at least be held of him that his ambitions did not exceed his capacities. As soon as the riots broke out he came modestly to Justinian, with his brother Pompey, and said that the Greens had made approaches to him, offering him the Throne; that he had indignantly refused to countenance any movement on his behalf, and that to show his loyalty he now put himself at Justinian's disposal. Justinian praised and thanked Hypatius, though unable to understand his frankness in admitting that he had been offered the Throne — unless possibly as an attempt to disarm suspicion and seize the supreme power as soon as a favourable opportunity offered. But after this attack on the Palace, Justinian sent word to him and Pompey that they must leave at once if they did not wish to be executed as traitors. As soon as dark came, they slipped away, very unwillingly, and managed to enter their houses unnoticed. Unfortunately the news somehow reached the Greens that Hypatius was at large. They surrounded his house, forced it open, and carried him off in triumph to the Square of Constantine. There, at the centre of a tightly packed, screaming crowd, he was duly proclaimed Emperor, and crowned with a golden collar for want of a diadem, though the remainder of the insignia was available, having been plundered from the Palace. Hypatius was genuinely unwilling to accept the Throne; and his wife Mary, a pious Christian, wrung her hands and wailed that he was being taken from her along the road to death. But the Greens were not to be gainsaid.
Green representatives went to the Senate House and demanded that an oath of allegiance be sworn to Hypatius. The Senators (as always happens in cases of this sort) did not wish to commit themselves. Their loyalties were fairly evenly divided; though most of them were professedly Blues, many were secret Greens who regretted the 'good times of Anastasius', as they called them, and despised the upstart Justinian. They took refuge in rhetorical talk, coming to no decision. At the Palace, too, there was a certain number of Senators assembled, all Blues and all very frightened. Justinian himself was trembling with fear and asking everybody he met — man, woman, or eunuch; patrician, commoner, or slave — what he ought to do next. A regular Council was hurriedly called together. Most of those wretched cowards advised instant flight, on the ground that the Palace Guards were clearly not to be depended upon and that the Greer..; now dominated the City. Only Belisarius, with Mundus, favoured a vigorous stand against the rebels — Mundus was Commander of the Armies in Illyria, and happened to have arrived in the City two days previously to sec about remounts for his cavalry.
Theodora entered the Council Chamber uninvited. She was so terrible in her scorn and rage that not only Justinian himself but everyone else present would sooner have died a hundred times than oppose those blazing eyes. She said: 'This is all talk, talk, talk, and as a woman of sense I protest against it, and demand that strong action be taken at once. This is already the sixth day of the disturbances, and each day I have been assured that "the matter is well in hand", and that "God will provide", and that "all possible steps are being taken", and so on and so forth. But nothing has been done yet — only talk, talk, talk. Bishops sent out with frivolous relics. The Gospels flourished in the faces of a great rabble of impious pigs — and then we run away when they grunt and squeal! You seem almost to have decided on flight, Justinian the Great. Very well, then, go! But at once, while you still possess a private harbour and boats and sailors and money! If, however, you do go, remember: you will never be able to return to this Palace, and they will hunt you down in the end and put you to a miserable and deserved death. No secure place of escape is left to you. You could not even take refuge at the Persian Court: because once, greatly against my advice, you mortally insulted Khosrou, who is now King, by refusing to adopt him as your son. But go, I say, go, take your chance in Spain or Britain or Ethiopia, and my scorn follow with you! As for myself, may I never be separated from this purple, or survive the day when my subjects fail to address me by my just and full titles. I approve the old saying: "Royalty is a fair burial-shroud." What are you waiting for? A miracle from Heaven? No, gird up your robes and run, for Heaven hates you! I shall remain here and face whatever doom my dignities enjoin upon me.'