T II E 



325 



THE 



the elevation of Eugenius. But he was at that moment 

 not prepared tor a civil war, and the ambassadors of Eu- 

 geniu:; were consequently received with apparent favour 

 and dismissed in a friendly manner. Preparations for war 

 however, which lasted ibr almost two years, were imme- 

 diately commenced, and Stilicho and Timasius were charged 

 with recruiting and disciplining the forces. In the spring 

 of the year 3'J-t Theodosms set out from Constantinople 

 against Eugenius. The armies met in Pannonia, and, after 

 a long and dubious contest, Eugenius was defeated on 

 the banks of the Cold River, near Aquileia. Eugenius 

 was put to death, and Arbogastes in despair put an end 

 to his own life. Theodosius was now sole emperor of the 

 Roman world, and was cheerfully acknowledged by all 

 the provinces, even by those which had recently paid 

 homage to Eugenius. The empire might now look for- 

 ward to a period of peace and happiness under the admi- 

 nUtiation of Theodosius. But he was suffering from 

 dropsy, and his health was rapidly declining. He died on 

 the 17th of January, 395, at Milan, whence his body was 

 conveyed to Constantinople, and buried there. His two 

 sons Arcadius and Honorius had been raised to the rank of 

 Augustus, and the father had shortly before his death 

 .i to Honorius the empire of the West, while Arcadius 

 i '> occupy the throne of the East. The Roman empire 

 henceforth remained divided into the Western and the 

 Eastern empire. [ROME, p. 110.] 



(8. Aurelius Victor, Epitome, c. 48; Orosius, vii. 34, 35; 

 Sozomen, vii. 2 ; Paulus Diacon., ii. : Compare Gibbon, 

 Jf<\t. "f //< Decline and Full, c. 20, 27, and 28.) 



THEODO'SIUS II., or the Younger, was the son of 

 Arcadius, and grandson of Theodosius the Great. He was 

 L,/rn on the 10th of April, 401. His father died in 408 at 

 Constantinople, and left his son, then a child seven 

 old, at the head of the Eastern empire. There is a 

 statement that Arcadius in his will made Jezdegerd, king 

 of Persia, the guardian of his son and regent of the em- 

 pire during his minority. (Jornandes, De Bell. Pers., i. 

 2.) This isolated account however scarcely deserves credit, 

 and it is a fact that Anthemius, the pra-fectus pra?torio, 

 from the very iir.st assumed the government of the Eastern 

 empire in the name of the young prince, and carried it on 

 in a praiseworthy manner down to the year 414, when he 

 voluntarily resigned it to Pulcheria, the sister of Theo- 

 dosius, who was only two years older than her brother, and 

 had shortly before received the title of Augusta. This 

 woman continued to exercise the sovereignty in the name 

 of her brother, not only after he had grown up to manhood 

 and down to his death, but even three years later, until 

 she herself died. During the early part of Theodosius's 

 life Pulcheria herself conducted and superintended his edu- 

 cation ; but the prince seemed to possess no ambition, and 

 not to aspire to the glory of a monarch : he passed his 

 whole life in a perpetual infancy, surrounded by women 

 and eunuchs, and he idled away his time in hunting, 

 painting, carving, and making elegant transcripts of sacred 

 books. The whole government was carried on in his 

 name ; but whether its acts deserve praise or blame, he 

 can have no share in either, as he blindly acquiesced in 

 all that his sister did. She also persuaded him, in A.D. 

 421, to marry Eudocia (before her baptism her name was 

 Athenais), the daughter of Leontius, an Athenian sophist. 

 This woman, who was no less distinguished for her beauty 

 than for intellectual powers, soon gave birth to a daughter, 

 Eudoxia, after which she was raised to the rank of Au- 

 gusta. She lived with her husband till the year 444, when, 

 after having drawn upon herself suspicion of some im- 

 proper conduct, she was obliged to quit the court, and 

 withdrew to Jerusalem. 



In 421 a war broke out with Varanes, king of Persia, 

 which was' successfully concluded by Ardaburius, a general 

 of Theodosius, and a peace was concluded for a hundred 

 years, which lasted at least for thirty. With this excep- 

 tion, the long reign of Theodosius was one of almost un- 

 e. It was only during the last years of his 

 life that the European parts of the empire were harassed 

 by Attila and his Huns. [ArriLA.] The Asiatic pro- 

 vinces, by far the most extensive, continued to enjoy a 

 profound and permanent repose. Theodosius died on the 

 28th M'.Iiily. .')<). 



(Paulus Diacon., iv. ; Zonaras; Socrates, Hixtor. Eccles., 

 vii. 1, &c. Compare Gibbon, History of the Decline and 

 1'W, c. 32, 33, 34.) 



The reign of Theodosius II. is memorable m the history 

 of jurisprudence through the 'collection of laws that was 

 made in it, and bears the name of Codex Theodosianus. 



THEODO'SIUS III., stirnamed Adramyteuus, emperor 

 of Constantinople. He succeeded Anastasius II. in the 

 year A.D. 715, being proclaimed emperor in the fleet of 

 his predecessor near Adramyttium in Troas. He was a 

 man of obscure birth, and accepted the throne with reluc- 

 tance. He is praised for his unblemished conduct, and 

 for the protection he afforded to the orthodox faith. He 

 had not enjoyed his elevation much more than one year, 

 when Leo III., a man of superior abilities, was proclaimed 

 emperor. Theodosius willingly withdrew, and spent the 

 remainder of his life, together with his son, in a monastery. 

 (Theophanes, Chronographia ; Georgius Cedrenus, Com- 

 pendium Hi&toriarum ; Zonaras.) 



THEODOSIAN CODE. In the year A.D. 429 Theo- 

 dosius II. appointed a commission of eight persons, at the 

 head of whom was Antiochus, to form a code out of all the 

 constitutions and other laws which had been promulgated 

 since the time of Constantino the Great. The code was 

 to be formed on the model of the private compilations re- 

 spectively called the Codex Gregorianus and the Codex 

 Hermogenianus. Either nothing was done by this com- 

 mission, or, for some reason, a renewal of it was thought 

 necessary, and this renewed commission received its in- 

 structions in the year A.D. 435. This second commission 

 consisted of sixteen members, with the same Antiochus at 

 its head. In remodelling their materials the commission 

 was empowered to omit the superfluous, insert the neces- 

 sary, change the ambiguous, and reconcile the incongruous. 

 The code was completed and promulgated as law in the 

 Eastern empire in the year A.D. 438 ; and it was declared 

 that the laws enacted since the time of Constantine should 

 only be in force so far as they were incorporated into this 

 code. It was further declared, as it had been on the oc- 

 casion of naming the first commission, that all the general 

 constitutions which were made by the emperors of the 

 East and'West should be sent from the one to the other, 

 but that each of them should have full power to adopt. 

 for the use of his own subjects, or to reject, what the other 

 sent. The code was forwarded in the year 438 by Theo- 

 dosius to his son-in-law Valentinian III., who confirmed it 

 and laid it before the Roman senate, by whom it was 

 received. In the year 448 Theodosius forwarded to Va- 

 lentinian other constitutions which he had made since the 

 completion of the code, as circumstances had arisen ; and 

 these new constitutions were promulgated in the Western 

 empire in the same year. The new constitutions wore 

 called Novellae, and all such new constitutions which were 

 interchanged between the East and West, and had reference 

 to the code of Theodosius, were called by the name No- 

 vellae. This interchange subsisted as lo-ng as the empire 

 of the West continued : " the last constitution of the kind 

 that we know is one of Anthemius, who was contemporary 

 with Leo I. in the Eastern empire : it belongs to the year 

 468, and relates to Bona Vacantia. 



This code consists of sixteen books, which are divided 

 into titles, and the titles' are subdivided into sections. 

 The arrangement of the matter differs from that in the 

 subsequent compilation of Justinian, also called the Code. 

 The code of Theodosius treats of Jus Privatum in the first 

 part, and especially in the second and fourth books, both 

 included, and in the beginning of the fifth : the following 

 books treat chiefly of Jus Publicum. The first book treats 

 of offices, and the sixteenth book treats of matters per- 

 taining to the Christian church. The code of Theodosius 

 was the first great compilation of the kind, and it was 

 much used in the compilation of the- code of .histinian. 

 It, also forms the basis of the code of the Ostrogoths, called 

 the EdictumTheoderici : it \vas incorporated into the code 

 of Alaric II., commonly called the Breviarium, in an 

 abridged form, accompanied by a continual interpretation 

 or explanation ; and it was used in the compilation of the 

 Lex Romana of the Burgundians, which is often incorrectly 

 called Papiani Liber Responsorum. 



The greater part of the Theodosian code and of the No- 

 vellae Constitutiones exist in their genuine state : the first 

 five books of the code and the beginning of the sixth are 

 chiefly found only in the Breviarium. The excellent 

 edition of J. Gothofredus (6 vols. fol., Lyon, 1(360, ve- 

 edited by J. D. Ritter, fol., Leipzig, 1736-1740), and also 

 the edition of the Jus Civile Antejustinianemn, Berlin, 1815, 



