See the Theodosian Code, l. i. tit. iv. with Godefroy's Commentary, tom. i. p. 30 - 35.) This decree might give occasion to Jesuitical disputes like those in the Lettres Provinciales, whether a Judge was obliged to follow the opinion of Papinian, or of a majority, against his judgment, against his conscience, etc. Yet a legislator might give that opinion, however false, the validity, not of truth, but of law.
Note by the Rev. H. H. Milman 1782 (Written), 1845 (Revised):
We possess (since 1824) some interesting information as to the framing of the Theodosian Code, and its ratification at Rome, in the year 438. M. Closius, now professor at Dorpat in Russia, and M. Peyron, member of the Academy of Turin, have discovered, the one at Milan, the other at Turin, a great part of the five first books of the Code which were wanting, and besides this, the reports (gesta) of the sitting of the senate at Rome, in which the Code was published, in the year after the marriage of Valentinian III. Among these pieces are the constitutions which nominate commissioners for the formation of the Code; and though there are many points of considerable obscurity in these documents, they communicate many facts relative to this legislation.
— From Warnkonig, Histoire du Droit Romain , p. 169 - Wenck has published this work, Codicis Theodosiani libri priores. Leipzig, 1825.