<GetPassage xmlns:tei="http://www.tei-c.org/ns/1.0" xmlns="http://chs.harvard.edu/xmlns/cts">
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                <requestUrn>urn:cts:pdlrefwk:viaf88890045.003.perseus-eng1:D.diodorus_21</requestUrn>
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                <urn>urn:cts:pdlrefwk:viaf88890045.003.perseus-eng1:D.diodorus_21</urn>
                <passage>
                    <TEI xmlns="http://www.tei-c.org/ns/1.0"><text xml:base="urn:cts:pdlrefwk:viaf88890045.003.perseus-eng1"><body xml:lang="eng" n="urn:cts:pdlrefwk:viaf88890045.003.perseus-eng1"><div type="textpart" subtype="alphabetic_letter" n="D"><div type="textpart" subtype="entry" xml:id="diodorus-bio-21" n="diodorus_21"><head><persName xml:lang="la"><surname full="yes">Diodo'rus</surname></persName></head><p>comes and magister scriniorum, one of the commissioners appointed by Theodosius the younger,
      in <date when-custom="435">A. D. 435</date>, 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      emperors, not such only as were in actual force, but such also as were superseded or had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 <date when-custom="429">A. D. 429</date>, 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 <hi rend="ital">statutory,</hi> but not of the <hi rend="ital">common</hi> or unwritten law. For the changed plan sixteen commissioners were named in <date when-custom="435">A. D. 435</date>, 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. <hi rend="ital">de Theod. Cod. Auct.</hi> § 7.) </p><byline>[<ref target="author.J.T.G">J.T.G</ref>]</byline></div></div></body></text></TEI>
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