comes and magister scriniorum, one of the commissioners appointed by Theodosius the younger, in A. D. 435, to compile the Theodosian code. Theodosius originally intended that, as an historical monument for the use of the learned, there should be compiled a general code of constitutions, supplementary to the Gregorian and Hermogenian codes.
These three codes taken together were intended to comprise all the general constitutions of the emperors, not such only as were in actual force, but such also as were superseded or had become obsolete.
In order, however, that in case of conflict, the reader might be able to distinguish the more modern enactment, which was to prevail over the more ancient one, the arrangement under each subject was to be chronological, and dates were to be carefully added. From this general code, with the help of the works and opinions of jurists, was to be formed a select code, excluding every thing not in force and containing the whole body of practical law. In A. D. 429, nine commissioners were appointed, charged with the task of compiling, first, the general historical, and then, the select practical code.
The nine named were Antiochus, ex-quaestor and praefect; another Antiochus, quaestor palatii; Theodorus, Eudicius, Eusebius, Joannes, Comazon, Eubulus, and Apelles.
This plan was not carried into execution. Theodosius changed his purpose, and contented himself with projecting a single code, which should contain imperial constitutions only, without admixture of the jus civile of the jurists, or, as an English lawyer would express it, which should exhibit a consolidation of the statutory,
but not of the common
or unwritten law. For the changed plan sixteen commissioners were named in A. D. 435, who were directed to dispose chronologically under the same title those constitutions, or parts of constitutions, which were connected in subject; and were empowered to remove what was superfluous, to add what was necessary, to change what was doubtful by substituting what was clear, and to correct what was inconsistent.
The sixteen named were Antiochus, praefectorius and consularis; Eubulus, Maximinus, Sperantius, Martyrius, Alipius, Sebastianus, Apollodorus, Theodorus, Oron, Maximus, Epigenius, Diodorus, Procopius, Erotius, Neuterius.
It will be observed that only three, (namely, Antiochus, Theodorus, and Eubulus) who belonged to the first commission were nominated upon the second.
In the constitution concerning the authority of the Theodosian code, eight only of the sixteen named upon the second commission are signalized as having been actively employed in the composition of the code.
These eight are Antiochus, Maximinus, Martyrius, Sperantius, Appollodorus, Theodorus, Epigenius, and Procopius. (Cod. Theod. 1, tit. 1, s. 5, ib. s. 6.2; Const. de Theod. Cod. Auct.