Page:Dictionary of Greek and Roman Biography and Mythology (1870) - Volume 1.djvu/597

Rh CALLISTRATUS. QuacstionMrn." The titles of the first three of those works require some explanation. 1. The treatise "de Cognitionibus" relates to those causes which were heard, investigated, and decided by the emperor, the governor of a province, or other magistrate, without the intervention of judices. This departure from the ordinary course of the civil law took place, even before Diocletian's general abolition of the ordojudiciorum, sometimes by virtue of the imperial prerogative, and in some cases was regularly practised for the purpose of affording equitable relief where the strict civil law gave no remedy, instead of resorting to the more tortuous system of legal fictions and equitable actions. (Hcnn. Cannogieter, Oherv. Jur. Rom. lib. i. c. 9.) 2. What is meant by " Edictum Monitorium" is by no means clear. Haubold {de Edidis Moni- toriis ac lirevibiis. Lips. 1804), thinks, that moni- tory edicts are not special writs of notice or sum- mons directed to the parties in the course of a cause, but those general clauses of the edictum perpetuum which relate to the law of procedure, giving actions and other remedies on certain conditions, and therefore, ta<;itly at least, contain- ing warnings as to the consequences of irregula- rity or nonfulfilment of the prescribed conditions. The fragments of Callistratus certainly afford much support to this view. Haubold distinguishes the edictum monitorium from the edictum breve, upon which Paulus wrote a treatise. The latter he sup- poses to consist of those new clauses, which, in process of time, were added as an appendage to the edictum perpetuum, after the main body of it had acquired a constant form. 3. The phrase "de Jure Fisci et Paptdr appears anomalous, but it occurs elsewhere. (See Paulus. Jiccept. Sent. v. 12.) Lampridius also {Alex. Sev. 15) writes, that Alexander Severus "leges de jure populi et fisci moderatas et infinitas (?) sanxit." Probably under the phrase "jus populi" must here be understood the law relating to the aerarium, or to the area publica (which latter, practically as well as theoretically, was at the disposal of the senate) as distinguished from the fiscus, which was the emperor's own, not as res privata, but as property .ittached to the imperial dignity. (Yomsc. A urelian. 20.) The principal commentator on Callistratus is Edm. Merillius, whose Commentarius ad Libros duo Quaestionum Cullistrati is inserted in Otto's "The- saurus," iii. 613-634. A dissertation by And. W. Cramer, de Juvenibus apud Callislratum JCtum, appeared at Kiel, 8vo. 1814. Cujas (in his preface to his Latin translation of the 60th book of the Basilica, reprinted at the be- ginning of the 7th volume of Fabrot's edition) mentions among the commentators on the Basilica a jurist named Callistratus. Fabricius also sup- poses the Callistratus of the Basilica to have been different from the Callistratus of the Digest. Sua- rez naturally expresses strong doubts as to the ex- istence of a later Callistratus ; for there are many other asserted duplicate names, as Modestinus, Theophilus, Thalelaeus, Stephanus, Dorotheus, Cyrillus, Theodoms, Isidorus ; but Reiz has shewn, in several instances, that the asserted later com- mentator, bearing the name of a prior jurist, is a fictitious entity. The name of the prior jurist has perhaps been sometimes attributed to the scholiast who cites him ; but we believe it would appear, upon examination, that the existence of two sets CALLISTUS. m of jurists of the same names but different dates has gained credit partly from the mendacious in- ventions and supposititious citations of Nic. Com- nenus Papadopoli, and partly from a very general misunderstanding of the mode in which the scholia on the Basilica were foi-med. These scholia were really formed thus : extracts from ancient jurists and antecedent commentators on the collections of Justinian were appended to certain passages of the text of the Basilica which they served to elucidate. These extracts were sometimes interpolated or otherwise altered, and were mingled with glosses posterior to the Basilica. Thus, they were con- founded with the latter, and were not unnaturariy supposed to be posterior in date to the work which they explained. The determination of the ques- tion as to the existence of a duplicate Callistratus may be helped by the following list of the passages in the Basilica (ed. Fabrot), where the name is mentioned. It is taken from Fabr. DiU. Grace. xii. p. 440, and the parentheses denote a refer- ence not to the text, but to a Greek scholiast. "Callistratus JCtus, i. 257, ii. 36,315,512, iii. 206, iv. (263), 292, 358, 507, (568,) 810, 833, V. 10, 734, 778, 788, vi. (158), 436, 468, 490, 677, 680, 702, 703, vii. 439, 515, 537, 564, 585, 628, 687, 710, 715, 783, 803, 827, 83.3, 836, 837, 869, 871, 888." On reference to these pas- sages, we find nothing to indicate a Graeco- Roman jurist Callistratus. (Bertrandus, de Jurkperitis, i. c. 27 ; Aug. Je- nichen, Ep. Singular, de Callistrato JCto, 4to. Lips. 1742 ; Zimmern. R. i?. &'. i. § 101 ; Suarez, Notilia Basilicorum,ed.Fohl Lips.l804,§§ .34,4l.)[J.T.G.] CALLI'STRATUS, a sUituary, of uncertain country, who lived about b. c. 160, at which time the arts revived after a period of decay. (Plin. xxxiv. 8. s. 19.) [W. L] CALLI'STRATUS, DOMI'TIUS (Aotxinos KaWicrrpaTos), is mentioned seven times by Ste- phanus of Byzantium, as the author of a work on Ileracleia (Trepi 'HpaKXeias), which consisted of at least seven books. (Steph. Byz. .«?. v. 'OAujUtttj.) If, as it appears, he is the same as the one men- tioned by Athenaeus (vi. p. 263), he was a disci- ple of Aristophanes of Byzantium. ( Comp. Schol. ad Aeschyl, Fers. 941, ad Apollon. RJiod. i. 1125, ii. 780 ; Suid. s. v. *tAo|€J/os.) [L. S.J CALLISTUS (KdWicTTos). 1. A contempo- rary of the emperor Julian, who accompanied his sovereign on his expeditions, and afterwards cele- brated his exploits in an epic poem, from which a statement is quoted by Nicephorus. {Hist. Eccles. vi. 34.) 2. Sumamed Syropulus, a Christian author who wrote a learned disputation against the Palamites, which was dedicated to the patriarch Euthymius. (Kic. Commenus, Praenot. Mijstag. p. 158.) 3. A monk of mount Athos. During the war between Palaeologus and Cantacuzenus he was sent by the monks to Constantinople to endeavour to restore peace ; but he was ill-treated there by the empress Anna and the patriarch Joannes. About the year a. d. 1354, the emperor Cantacuzenus made Callistus patriarch of Constantinople. The year after, when he was requested by the same emperor to crown his son Matthaeus, Callistus re- fused to comply with the request and withdrew to a monastery. As he refused to perform his duties as patriarch, Philotheus was appointed iu his 2 p 2