) | that
Kallikpatos
ought to be read instead of
During his exile he is said to have founded the city Kalliotpatos.
During his exile he is said to have founded the city Kalliotpatos.
William Smith - 1844 - Dictionary of Greek and Roman Antiquities - a
(Dem.
C.
Timoth.
pp.
1187, 1188; Xen.
the tomb of the heroine was connected with the Hell. vi. 2. 88 11-13, comp. v. 4. § 64, &c. , vi.
temple of the goddess, and from Callisto being 2. $S 2, 3. ) In 373 also, but before the trial of
changed into a she-bear, which was the symbol of Timotheus, Callistratus had been appointed com-
the Arcadian Artemis. This view bas indeed no mander, together with Iphicrates and Chabrias, of
thing surprising, if we recollect that in many other the forces destined for Corcyra,—and this at the
instances also an attribute of a god was transform-request of Iphicrates himself, to whom (according
ed by popular belief into a distinct divinity. Her to one mode of interpretating the words of Xeno-
being mixed up with the Arcadian genealogies is | phon, ου μάλα επιτήδειον όντα) he had hitherto
thus explained by Müller: the daughter of Lycaon been opposed. (Xen. Hell. vi. 2. § 39; compare
means the daughter of the Lycaean Zeus ; the mo Schneid. Epimetr. ad loc. ; Thirlwall's Greece, vol.
ther of Arcas is equivalent to the mother of the v. p. 63, note 2; Böckh, Publ. Econ. of Athens,
Arcadian people.
[L. S. ] p. 419, note 497, 2nd. edit. ; Dem. c. Timoth.
CALLISTO, a female Pythagorean, to whom p. 1187. ) Soon, however, he induced Iphicrates
Theano, the wife of Pythagoras, addressed a letter to consent to his returning to Athens, promising
on the proper way of governing a family. The either to obtain for him a supply of money, or to
letter is extant, and printed in the Aldine collec- bring about a peace; and in 371 accordingly we
tion published at Rome in 1499, and at Geneva, find him at Sparta with the ambassadors,-himself
with the Latin translation, in 1606. (Fabric. Bibl. apparently without that title, — who were em-
Graec. ï. p. 10. )
(A. G. ) powered to negotiate peace for Athens. On this.
CALLISTONICUS (Karl10tbvlkos), a The occasion Xenophon records a speech delivered by
ban statuary mentioned by Pausanias (ix. '16. & 1), him after those of Callias and Autocles, and the
made a statue of Tyche carrying the god Plútus. only pertinent and sensible one of the three. (Xen.
The face and the hands of the statue were executed Hell. vi. 3. $$ 3, 10, &c. ; see Diod. xv. 38, 51,
by the Athenian Xenophon. [W. I. ] who in the former passage assigns the mission of
CALLI'STRATUS (Kamiotpatos), historical. Callistratus to B. c. 375, confounding the peace of
l. Sor. of Empedus, is meutioned by Pausanias as 371 with that of 374, and placing the latter a
the commander of a body of Athenian cavalry in year too soon. ) A gain, in 369, the year of the in-
Sicily during the expedition of Nicias. When his vasion of Laconia by Epaminondas, Callistratus
countrymen were nearly cut to pieces at the river induced the Athenians to grant the aid which the
Assinarus, B. C. 413, Callistratus forced his way Spartans had sent to ask. (Dem. c. Neaer. p.
through the enemy and led his men safe to Catana. 1353; comp. Xen. Hell. vi. 5. $ 33, &c. ) To B. c.
Thence returning to Syracuse, he attacked those 366 we may with most probability refer his famous
who were plundering the Athenian camp, and fell, speech on the affair of Oropus,-a speech which is
selling his life dearly. (Paus. vii. 16; comp. Thuc said to have excited the emulation of Demosthenes,
vii. 84, 85. )
and caused him to devote himself to the study of
2. One of the body of knights under the com- oratory. It would seem that, after the seizure of
side, launching forth into the
against them. In philosophy
| Aristotle, so far indeed as be
iny system at all. The recen-
o váponkos), kept br Aleran-
asket, and usually ascribed to
, according to Strabo (XM1. P.
sand Anaxarchus. (Diod. iv.
; Cic. ad Fam. v. 15, ad Q.
K. ii. 14, de Dir. i. 34, ij. 25;
p. 542, xiv. p. 680, ani.
7, 33; Polyb. xi. 17-21;
- Bild Gracc. rol . p. 480;
6, note k. )
rator, and, according to Pło-
at whom Alexander, after the
(B. C. 335), required to be de
n which occasion Demosthenes
d the fable of the wolf, who
sheep the surrender of their
rever, who, it seems, received
for the service, succeeded in
1, and in saring all whose lives
ept the general Charidemus.
ber and list somewhat difer-
nor Diodorus mentious C
m. 23, Alet. 13; Diod. srii.
)
Lucullus, who, according to
. Plut. Lucull. 43), adminis-
certain drug (intended as a
zrs.
2
s atřection for him), which
f intellect that he laboured
[E. E. ]
s (Kartioderms), of Srbaris,
author of a history of the
h of which Plutarch (The
thirteenth hook. But ibe
of much greater extent, since
## p. 578 (#598) ############################################
878
CALLISTRATUS.
CALLISTRATUS.
Oropus by a hody of Oropian exiles and the con- rary of the famous Aristarchus. lle appears to
sequent loss of it to Athens, the Athenians, having have devoted himself principally to the study of
sent an army against it under Chares, were in the great poets of Greece, such as Homer, Pindar,
duced by Chabrias and Callistratus to compromise the tragedians, Aristophanes, and some others,
the matter by delivering the place as a deposit to and the results of his studies were deposited in
the Thebans pending the adjustment of their commentaries upon those pocts, which are lost, but
claims. The Thebans refused afterwards to sur- to which occasionally reference is made in our
render it, and the consequence was the prosecution scholia. Tzetzes (Chil. xi. 61) states, that the
of the advisers of the compromise. At first the grammarian Callistratus was the first who made
eloquence of Callistratus was successful, and they the Samians acquainted with the alphabet of
were acquitted; but the loss of so important a twenty-four letters, but this is in all probability a
frontier town rankled in the minds of the people, fiction. (Comp. Schol. ad Hom. II. vii. 185. )
and Callistratus appears to have been condemned | There are several more works mentioned by the
to death in 361, and to have gone into banishment ancients, which, it seems, must be attributed to
to Methone in Macedonia. In 356 (see Clinton our grammarian. Athenaeus (iii. p. 125) men-
on the year) he seems to have been still an exile, tions the seventh book of a work called Lúuuta,
but he ultimately returned to Athens, –a step and in another passage (xiii. p. 591), a work on
which the orator Lycurgus refers to as a striking courtezans (Tepà étaipwv), both of which belong
instance of judicial infatuation, and was put to probably to Callistratus the grammarian. Harpo-
death, though he had fled for refuge to the altar of cration (s. v. Merekañs ñ Kaillotpatos) mentions
the twelve gods. (Xen. Hell. vii. 4. § 1, &c. ; a work tepl 'Aonvwv, which some ascribed to
Diod. xv. 76 ; Plut. Dem. 5; Hermipp. ap. Menecles and others to Callistratus, but the read-
Gell. iii. 13; Pseudo-Plut. Vit. X Orat. p. 156, ing in the passage of Harpocration is uncertain,
ed. Tauchn. ; Dem. c. Polycl. pp. 1221, 12:22; and Preller (Polem. Fragm. p. 173, &c. ) thinks
Lycurg. c. Leocr. p. 159 ; Aristot. Rhet. i. 7. $ 13.
) | that Kallikpatos ought to be read instead of
During his exile he is said to have founded the city Kalliotpatos. A commentary of Callistratus on
of Datum, afterwards Philippi, and doubtless he the Opattal of Cratinus is inentioned by Athenaeus
was the deviser of the plan for increasing the rent (xi. p. 495). It is uncertain whether the Cal-
of the Macedonian harbour dues from 20 to 40 listratus whose history of Samothrace is mentioned
talents. (Isocr. de Pac. p. 164, a. ; Pseudo-Aristot. by Dionysius of Halicarnassus (i. 68; comp. Schol.
Oecon. ii. 22; comp. Schneid. Epim. ad Xen. Hell. ad Pind. Nem. vii. 150) is the same as our gram-
vi. 2. & 39 ; Böckh, Publ. Econ. of Athens, bk. iii. marian. (R. Schmidt, Commentatio de Callistrato
ch. 4. ) Demosthenes appears to have admired him Aristophaneo, Halae, 1838, 8vo. ; Clinton, Fast.
greatly as an orator, and Theopompus praises him Hellen. iii. p. 530. )
for his public conduct, while he censures the profii- 2. The author of a song upon Harmodius the
gacy of his private life. (Dem. de Cor. p. 301, tyrannicide, which appears to have enjoyed great
de Fals. Leg. p. 436 ; comp. Ruhnken, Hist. 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.
the tomb of the heroine was connected with the Hell. vi. 2. 88 11-13, comp. v. 4. § 64, &c. , vi.
temple of the goddess, and from Callisto being 2. $S 2, 3. ) In 373 also, but before the trial of
changed into a she-bear, which was the symbol of Timotheus, Callistratus had been appointed com-
the Arcadian Artemis. This view bas indeed no mander, together with Iphicrates and Chabrias, of
thing surprising, if we recollect that in many other the forces destined for Corcyra,—and this at the
instances also an attribute of a god was transform-request of Iphicrates himself, to whom (according
ed by popular belief into a distinct divinity. Her to one mode of interpretating the words of Xeno-
being mixed up with the Arcadian genealogies is | phon, ου μάλα επιτήδειον όντα) he had hitherto
thus explained by Müller: the daughter of Lycaon been opposed. (Xen. Hell. vi. 2. § 39; compare
means the daughter of the Lycaean Zeus ; the mo Schneid. Epimetr. ad loc. ; Thirlwall's Greece, vol.
ther of Arcas is equivalent to the mother of the v. p. 63, note 2; Böckh, Publ. Econ. of Athens,
Arcadian people.
[L. S. ] p. 419, note 497, 2nd. edit. ; Dem. c. Timoth.
CALLISTO, a female Pythagorean, to whom p. 1187. ) Soon, however, he induced Iphicrates
Theano, the wife of Pythagoras, addressed a letter to consent to his returning to Athens, promising
on the proper way of governing a family. The either to obtain for him a supply of money, or to
letter is extant, and printed in the Aldine collec- bring about a peace; and in 371 accordingly we
tion published at Rome in 1499, and at Geneva, find him at Sparta with the ambassadors,-himself
with the Latin translation, in 1606. (Fabric. Bibl. apparently without that title, — who were em-
Graec. ï. p. 10. )
(A. G. ) powered to negotiate peace for Athens. On this.
CALLISTONICUS (Karl10tbvlkos), a The occasion Xenophon records a speech delivered by
ban statuary mentioned by Pausanias (ix. '16. & 1), him after those of Callias and Autocles, and the
made a statue of Tyche carrying the god Plútus. only pertinent and sensible one of the three. (Xen.
The face and the hands of the statue were executed Hell. vi. 3. $$ 3, 10, &c. ; see Diod. xv. 38, 51,
by the Athenian Xenophon. [W. I. ] who in the former passage assigns the mission of
CALLI'STRATUS (Kamiotpatos), historical. Callistratus to B. c. 375, confounding the peace of
l. Sor. of Empedus, is meutioned by Pausanias as 371 with that of 374, and placing the latter a
the commander of a body of Athenian cavalry in year too soon. ) A gain, in 369, the year of the in-
Sicily during the expedition of Nicias. When his vasion of Laconia by Epaminondas, Callistratus
countrymen were nearly cut to pieces at the river induced the Athenians to grant the aid which the
Assinarus, B. C. 413, Callistratus forced his way Spartans had sent to ask. (Dem. c. Neaer. p.
through the enemy and led his men safe to Catana. 1353; comp. Xen. Hell. vi. 5. $ 33, &c. ) To B. c.
Thence returning to Syracuse, he attacked those 366 we may with most probability refer his famous
who were plundering the Athenian camp, and fell, speech on the affair of Oropus,-a speech which is
selling his life dearly. (Paus. vii. 16; comp. Thuc said to have excited the emulation of Demosthenes,
vii. 84, 85. )
and caused him to devote himself to the study of
2. One of the body of knights under the com- oratory. It would seem that, after the seizure of
side, launching forth into the
against them. In philosophy
| Aristotle, so far indeed as be
iny system at all. The recen-
o váponkos), kept br Aleran-
asket, and usually ascribed to
, according to Strabo (XM1. P.
sand Anaxarchus. (Diod. iv.
; Cic. ad Fam. v. 15, ad Q.
K. ii. 14, de Dir. i. 34, ij. 25;
p. 542, xiv. p. 680, ani.
7, 33; Polyb. xi. 17-21;
- Bild Gracc. rol . p. 480;
6, note k. )
rator, and, according to Pło-
at whom Alexander, after the
(B. C. 335), required to be de
n which occasion Demosthenes
d the fable of the wolf, who
sheep the surrender of their
rever, who, it seems, received
for the service, succeeded in
1, and in saring all whose lives
ept the general Charidemus.
ber and list somewhat difer-
nor Diodorus mentious C
m. 23, Alet. 13; Diod. srii.
)
Lucullus, who, according to
. Plut. Lucull. 43), adminis-
certain drug (intended as a
zrs.
2
s atřection for him), which
f intellect that he laboured
[E. E. ]
s (Kartioderms), of Srbaris,
author of a history of the
h of which Plutarch (The
thirteenth hook. But ibe
of much greater extent, since
## p. 578 (#598) ############################################
878
CALLISTRATUS.
CALLISTRATUS.
Oropus by a hody of Oropian exiles and the con- rary of the famous Aristarchus. lle appears to
sequent loss of it to Athens, the Athenians, having have devoted himself principally to the study of
sent an army against it under Chares, were in the great poets of Greece, such as Homer, Pindar,
duced by Chabrias and Callistratus to compromise the tragedians, Aristophanes, and some others,
the matter by delivering the place as a deposit to and the results of his studies were deposited in
the Thebans pending the adjustment of their commentaries upon those pocts, which are lost, but
claims. The Thebans refused afterwards to sur- to which occasionally reference is made in our
render it, and the consequence was the prosecution scholia. Tzetzes (Chil. xi. 61) states, that the
of the advisers of the compromise. At first the grammarian Callistratus was the first who made
eloquence of Callistratus was successful, and they the Samians acquainted with the alphabet of
were acquitted; but the loss of so important a twenty-four letters, but this is in all probability a
frontier town rankled in the minds of the people, fiction. (Comp. Schol. ad Hom. II. vii. 185. )
and Callistratus appears to have been condemned | There are several more works mentioned by the
to death in 361, and to have gone into banishment ancients, which, it seems, must be attributed to
to Methone in Macedonia. In 356 (see Clinton our grammarian. Athenaeus (iii. p. 125) men-
on the year) he seems to have been still an exile, tions the seventh book of a work called Lúuuta,
but he ultimately returned to Athens, –a step and in another passage (xiii. p. 591), a work on
which the orator Lycurgus refers to as a striking courtezans (Tepà étaipwv), both of which belong
instance of judicial infatuation, and was put to probably to Callistratus the grammarian. Harpo-
death, though he had fled for refuge to the altar of cration (s. v. Merekañs ñ Kaillotpatos) mentions
the twelve gods. (Xen. Hell. vii. 4. § 1, &c. ; a work tepl 'Aonvwv, which some ascribed to
Diod. xv. 76 ; Plut. Dem. 5; Hermipp. ap. Menecles and others to Callistratus, but the read-
Gell. iii. 13; Pseudo-Plut. Vit. X Orat. p. 156, ing in the passage of Harpocration is uncertain,
ed. Tauchn. ; Dem. c. Polycl. pp. 1221, 12:22; and Preller (Polem. Fragm. p. 173, &c. ) thinks
Lycurg. c. Leocr. p. 159 ; Aristot. Rhet. i. 7. $ 13.
) | that Kallikpatos ought to be read instead of
During his exile he is said to have founded the city Kalliotpatos. A commentary of Callistratus on
of Datum, afterwards Philippi, and doubtless he the Opattal of Cratinus is inentioned by Athenaeus
was the deviser of the plan for increasing the rent (xi. p. 495). It is uncertain whether the Cal-
of the Macedonian harbour dues from 20 to 40 listratus whose history of Samothrace is mentioned
talents. (Isocr. de Pac. p. 164, a. ; Pseudo-Aristot. by Dionysius of Halicarnassus (i. 68; comp. Schol.
Oecon. ii. 22; comp. Schneid. Epim. ad Xen. Hell. ad Pind. Nem. vii. 150) is the same as our gram-
vi. 2. & 39 ; Böckh, Publ. Econ. of Athens, bk. iii. marian. (R. Schmidt, Commentatio de Callistrato
ch. 4. ) Demosthenes appears to have admired him Aristophaneo, Halae, 1838, 8vo. ; Clinton, Fast.
greatly as an orator, and Theopompus praises him Hellen. iii. p. 530. )
for his public conduct, while he censures the profii- 2. The author of a song upon Harmodius the
gacy of his private life. (Dem. de Cor. p. 301, tyrannicide, which appears to have enjoyed great
de Fals. Leg. p. 436 ; comp. Ruhnken, Hist. 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.
