No More Learning

Crit. popularity in antiquity. Its beginning is preserved
Orat. Graec. ap. Reiske, vol. viii. p. 140; Aristot. in Suidas (s. v. Napolvios) and the Scholiast on
Rhet. i. 14. § 1, iii. 17. § 13; Theopomp. ap. Aristophanes. (Acharn. 956; comp. Hesych. s. v.
Athen. iv. p. 166, e. ) The author of the lives of 'Apuodiou mé os. ) The whole song is preserved in
the X Orators (l. c. ) strangely confounds the pre Athenaeus. (xv. p. 695; comp. Brunck, Anal. i.
sent Callistratus with the son of Empedus, in which p. 155. )
mistake he has been followed by some modern 3. A comic actor of the time of Aristophanes,
writers : others again have erroneously identified in whose comedies Acharnenses, Aves, and Vespae
him with the Callistratus who was Archon Epony. Callistratus performed, as we learn from the scholia
mus in 355. (See Ruhnken, l. c. ; Clint. Fast
. ii. on those plays.
(L. S. ]
PP. 126, 378 ; Bück, Pub. Econ. bk. ii. ch. 14. ) CALLI'STRATUS, a Roman jurist, who, as
4. An Elean, who came as an ambassador to appears from Dig. 1. tit. 19. 6. 3. § 2, and from
Antiochus 111. (the Great) at Chalcis, B. C. 192, other passages in the Digest, wrote at least as late
to ask for aid to Elis against the Achaeans. The as the reign (A. D. 198–211) of Severus and Anto-
latter had declared for Rome, and decided on war ninus (i. e. Septimius Severus and Caracalla). In
with Antiochus, and the Eleans, friends to Antio a passage of Lampridius (Alex. Sev. 68) which,
chus, feared in consequence the invasion of their either from interpolation or from the inaccuracy of
territory. The king sent them, for their defence, the author, abounds with anachronisms, Callistra-
a thousand men under the command of Euphanes tus is stated to have been a disciple of Papinian,
the Cretan. (Polyb. xx. 3 ; Liv. XXXV. 48–50, and to have been one of the council of Alexander
xxxvi. 5. )
Severus. This statement may be correct, notwith-
5. Private secretary to Mithridates. He fell standing the suspicious character of the source
into the hands of the Romans when his master whence it is derived.
decamped so hastily from his position on the plains The numerous extracts from Callistratus in the
of Cabeira, B. c. 72; and the soldiers, who were Digest occupy eighteen pages in Hommels Palin-
bringing him before Lucullus, murdered him when genesia Pandectarum; and the fact that he is cited
they discovered that he had a large sum of money by no other jurist in the Digest, may be accounted
about his person. (Plut. Lucull. 17; comp. App. for by observing, that the Digest contains extracts
Bell. Mithr. p. 227. )
[E. E. ) from few jurists of importance subsequent to Cal-
CALLI'STRATUS, literary. 1. A Greek listratus. The extracts from Callistratus are taken
grammarian, and a disciple of Aristophanes of By- from works bearing the following titles: 1. “Libri
zantium, whence he is frequently surnamed o VI de Cognitionibus. ". 2. - Libri VI Edicti
Aplotopávelos. (Athen. i. p. 21, vi. p. 263. ) | Monitorii. "* 3. “ Libri IV de Jure Fisci," or
He must have lived about the middle of the second (Dig. 48, tit. 20. s. 1) “ de Jure Fisci et Populi. "
century before Christ, and have been a contempo- | 4. Libri III Institutionum. ” 5. “ Libri II


## p. 579 (#599) ############################################

CALLISTRATUS.
579
CALLISTUS.
Quaestionum. ” The titles of the first three of of jurists of the saine names but different dates
these works require some explanation.
has gained credit partly from the mendacious in-
1. The treatise “ de Cognitionibus” relates to ventions and supposititious citations of Nic. Com-
those causes which were heard, investigated, and nenus Papadopoli, and partly from a very general
decided by the emperor, the governor of a province, misunderstanding of the mode in which the scholia
or other magistrate, without the intervention of on the Basilica were formed. These scholia were
judices. This departure from the ordinary course really formed thus : extracts from ancient jurists
of the civil law took place, even before Diocletian's and antecedent commentators on the collections of
general abolition of the ordo judiciorum, sometimes by Justinian were appended to certain passages of the
virtue of the imperial prerogative, and in some cases text of the Basilica which they served to elucidate.
was regularly practised for the purpose of affording These extracts were sometimes interpolated or
equitable relief where the strict civil law gave no otherwise altered, and were mingled with glosses
remedy, instead of resorting to the more tortuous posterior to the Basilica. Thus, they were con-
system of legal fictions and equitable actions. founded with the latter, and were not unnaturally
(Herm. Cannegieter, Observ. Jur. Rom. lib. i. c. 9. ) supposed to be posterior in date to the work which
2. What is meant by “ Edictum Monitorium' they explained. The determination of the ques-
is by no means clear. Haubold (de Edictis Moni- tion as to the existence of a duplicate Callistratus
toriis ac Brevibus, Lips. 1804), thinks, that moni- may be helped by the following list of the passages
tory edicts are not special writs of notice or sum- in the Basilica (ed. Fabrot), where the name is
mons directed to the parties in the course of a mentioned. It is taken from Fabr. Bibl. Graec.
cause, but those general clauses of the edictum xii. p. 440, and the parentheses ( ) denote a refer-
perpetuum which relate to the law of procedure, ence not to the text, but to a Greek scholiast.
giving actions and other remedies on certain “ Callistratus JCtus, i. 257, ii. 36, 315, 512,
conditions, and therefore, tacitly at least, contain: iï. 206, iv. (263), 292, 358, 507, (568,) 810,
ing warnings as to the consequences of irregula-833, v. 10, 734, 778, 788, vi. (158), 436, 468,
rity or nonfulfilment of the prescribed conditions. 490, 677, 680, 702, 703, vii. 439, 515, 537, 564,
The fragments of Callistratus certainly afford much 585, 628, 687, 710, 715, 783, 803, 827, 833, 836,
support to this view. Haubold distinguishes the 837, 869, 871, 888. ” On reference to these pas-
edictum monitorium from the edictum breve, upon sages, we find nothing to indicate a Graeco-Roman
which Paulus wrote a treatise. The latter he sup- jurist Callistratus.
poses to consist of those new clauses, which, in (Bertrandus, de Jurisperitis, i. c. 27; Aug. Je-
process of time, were added as an appendage to the nichen, Ep. Singular. de Callistrato JCto, 4to. Lips.
edictum perpetuum, after the main body of it had 1742; Zimmern. R. R. G. i. $ 101; Suarez, Notitia
acquired a constant form.
Basilicorum, ed. Pohl. Lips. 1804,8$ 34, 41. )[J. T. G. )
3. The phrase "de Jure Fisci et Populi" appears CALLI'STRATUS, a statuary, of uncertain
anomalous, but it occurs elsewhere. (See Paulus, country, who lived about B. c. 160, at which time
Recept. Sent. v. 12. ) Lampridius also (Alex. Sev. the arts revived after a period of decay. (Plin.
15) writes, that Alexander Severus “leges de jure xxxiv. 8. 6. 19. )
(W. I. )
populi et fisci moderatas et infinitas () sanxit. ” CALLI'STRATUS, DOMI'TIUS (Aouítios
Probably under the phrase "jus populi” must here Karriotpatos), is mentioned seven times by Ste-
be understood the law relating to the aerarium, or phanus of Byzantium, as the author of a work on
to the arca publica (which latter, practically as well Heracleia (nepl 'Hpaklelas), which consisted of at
as theoretically, was at the disposal of the senate) least seven books. (Steph. Byz. s. v. 'Oxúuan. )
as distinguished from the fiscus, which was the If, as it appears, he is the same as the one men-
emperor's own, not as res privata, but as property tioned by Athenaeus (vi. p. 263), he was a disci-
attached to the imperial dignity. (Vopisc. Aurelian. ple of Aristophanes of Byzantiuin. (Comp. Schol.
20. )
ad Aeschyl. Pers. 941, ad Apollon. Rhod. i. 1125,
The principal commentator on Callistratus is ii. 780 ; Suid. s. v. Dinotevos. )
[L. S. )
Edm. Merillius, whose Commentarius ad Libros duo CALLISTUS (Káriotos). 1. A contempo-
Quaestionum Callistrati is inserted in Otto's “The- rary of the emperor Julian, who accompanied his
saurus,” iii. 613-634. A dissertation by And. W. sovereign on his expeditions, and afterwards cele-
Cramer, de Juvenibus apud Callistratum JCtum, brated his exploits in an epic poem, from which
appeared at Kiel, 8vo. 1814.
statement is quoted by Nicephorus. (Hist.
Cujas (in his preface to his Latin translation of Eccles. vi. 34. )
the 60th book of the Basilica, reprinted at the be- 2. Surnamed Syropulus, a Christian anthor
ginning of the 7th volume of Fabrot's edition) who wrote a learned disputation against the
mentions among the commentators on the Basilica Palamites, which was dedicated to the patriarch
a jurist named Callistratus. Fabricius also sup Euthymius. (Nic. Commenus, Praenot. Mystag.
poses the Callistratus of the Basilica to have been p. 158. )
different from the Callistratus of the Digest. Sua- 3. A monk of mount Athos. During the war
rez naturally expresses strong doubts as to the ex- between Palaeologus and Cantacuzenus he was sent
istence of a later Callistratus ; for there are many by the monks to Constantinople to endeavour to
other asserted duplicate names, as Modestinus, restore peace; but he was ill-treated there by the
Theophilus, Thalelaeus, Stephanus, Dorotheus, empress Anna and the patriarch Joannes. About
Cyrillus, Theodorus, Isidorus; but Reiz has shewn, the year A. D. 1354, the emperor Cantacuzenus
in several instances, that the asserted later com- made Callistus patriarch of Constantinople. The
mentator, bearing the name of a prior jurist, is a year after, when he was requested by the same
fictitious entity. The name of the prior jurist bas emperor to crown his son Matthaeus, Callistus re-
perhaps been sometimes attributed to the scholiast fused to comply with the request and withdrew to
who cites him ; but we believe it would appear, a monastery. As he refused to perform his duties
upon examination, that the existence of two sets as patriarch, Philotheus was appointed in his
a
2 P 2


## p. 580 (#600) ############################################

580
CALLIXENUS.
CALOCYRUS.
place. But when afterwards Joannes Palaeologus nians decreed the institution of criminal accusations
had gained possession of the imperial throne, (ar pobohái, see Dict. of Ant. s. 2. ) against Cal-
Callistus was restored to the patriarchal see. The lixenus and the rest who had deceived them. He
year after his restoration he was sent as ambas and four others accordingly were compelled to give
sador to the Servian princess Elizabeth to conclude bail for their appearance, and were kept in conne
a peace, and during this embassy he died near ment by their sureties. They contrived, however,
Pherae, the capital of the Servians. There is a to effect their escape, and took refuge with the
Greek homily on the exaltation of the cross by one Lacedaemonians at Deceleia. On the restoration
Callistus, which is printed with a Latin translation of democracy at Athens, B. C. 403, Callixenus took
in Gretser (De Cruce, ii. p. 1347), but whether it advantage of the general amnesty to return : but
is the work of our Callistus, or of another who was the ban of his countrymen's hatred was upon hiin,
patriarch of Constantinople in a. D. 1406, is un- -no man, it is said, would give him either water
certain. There are some other works of a theolo or light for his fire,-and he perished miserably of
gical nature which are ascribed to one Callistus, hunger. (Diod. xiii. 103; Xen. Icl. i. 7. § 35;
but they have never been printed. (Wharton's Suid. s. r. 'Evaúeiv; comp. Herod. vii. 231. ) [E. E. )
Appendix to Cave, Hist. Lit. i. p. 46, &c. , ed. CALLI'XENUS (Katritevos), of Rhodes, a
London. )
(L. S. ]
contemporary of Ptolemy Philadelphus, was the
CALLISTUS, C. JU'LIUS, a freedman of author of two works, which are lost. The one
Caligula, in whose reign he possessed very great which bore the title of tepl 'Adegavdpelas, consisted
influence and power, though in the end he was an of at least four books, and was much used by Athe-
accomplice in the conspiracy by which this em- nacus. (Athen. v. p. 196, &c. , ix. p. 387, xi. pp.
peror was murdered. In the reign of Claudius, 472, 474, 483; Harpocrat. s. r. évyuonan. ) The
Callistus continued to have great influence, and he second work appears to have been a catalogue of
endeavoured secretly, in conjunction with others, painters and sculptors ($arypáowv te kal adplavto-
to counteract the attachment of Messalina to C. Torwv dvaypaon), of which Sopater, in the twelfth
Silius; but Callistus was afraid of losing his posi- book of his Eclogae had made an abridgement.
tion, and gave up opposing the scheme of Messa- (Phot. Bibl. Cod. 161; comp. Preller, Polem.
lina. When she had been put to death, Callistus Fragm. p. 178, &c. )
(L. S. )
supported the designs of Lollia Paulina, who wished CALLO (Kalla), an orphan who lived at Epi-
to become the emperor's wife ; but he did not succeed daurus about thirty years after the death of Alex-
in this point, for Claudius married Agrippina, who ander the Great, and was commonly considered to
was supported by Pallas. This Callistus is un- be a girl. She accordingly married, and lived with
doubtedly the person to whom the physician Scri- her husband for two years. After that time, she
bonius Largus dedicates his work; and from it we was taken seriously ill, and had to undergo an
learn that the full name of Callistus was C. Julius operation, the effect of which was that she became
Callistus. (Tac. Ann. xi. 29, 38, xii. 1, &c. ; Dion a man. She is one of the beings commonly called
Cass. lix. 19; Senec. Epist. 47; Joseph. Ant. Jud. androgyne, and her case as described by Diodorus
xix. 1. $ 10. )
[L. S. ] (xxxii. Ecl. i. p. 522) must be of interest to medi-
CALLI'TÉLES (Kaldtéans), thought by Pau- cal men.
(L. S. ]
sanias (v. 27. & 5) to be a son or pupil of Onatas, CALLON (Kaarwv). 1. An artist of the island
in company with whom he wrought a Hermes car- of Aegina, the pupil of Angelio and Tectaeus, who
rying a ram.
(W. 1. ) were themselves pupils of Dipoenus and Scyllis.
CALLI'XENUS (Kalnitevos) was the mover (Paus. ii. 32. $ 4. ) As the latter two flourished
in the Athenian Bourn of the following decree B. c. 580, the age of Callon must be fixed at B. C.
against the generals who had conquered at Argi- 516. This is confirmed by the statement of Pau-
nusae, B. C. 406,-a decree as false in its preamble sanias (vii. 18. $ 6), that Callon was a contempo-
as it was illegal and iniquitous in its substance : rary of Canachus, who we know fourished from
“ Whereas the accusation against the generals, as B. C. 540 to 508. [CANACHUS. ] There are two
well as their defence, has been heard in the pre passages in Pausanias which seem to contradict
vious assembly, be it enacted that all the Athenians this conclusion; but K. O. Müller (Aeginet. p. 100)
give their votes on the case according to their and Thiersch (Epoch. Anm.