A Dictionary of Greek and Roman biography and mythology. By various writers. Ed. by William Smith. Illustrated by numerous engravings on wood.

CALLISTRATUS.
Quaestionum." The titles of the first three of
these 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
generalabolition of the ordojudiciorumn, 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.
(Herm. Cannegieter, Observ. Jar. Rom. lib. i. c. 9.)
2. What is meant by " Edictum Monitorium"
is by no means clear. Haubold (de Edictis iMonitoriis ac Brevibus, Lips. 1804), thinks, that monitory edicts are not special writs of notice or summons 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, tacitly at least, containing warnings as to the consequences of irregularity 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 supposes 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 Populi" appears
anomalous, but it occurs elsewhere. (See Paulus.
Recept. 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
attached to the imperial dignity. (Vopisc. Aurelian.
20.)
The principal commentator on Callistratus is
Edm. Merillius, whose Commentarius ad Libros duo
Quaestionum Callistrati is inserted in Otto's "Thesaurus," iii. 613-634. A dissertation by And. W.
Cramer, de Juvenibus apud Callistraltum JCtum,
appeared at Kiel, 8vo. 1814.
Cujas (in his preface to his Latin translation of
the 60th book of the Basilica, reprinted at the beginning of the 7th volume of Fabrot's edition)
mentions among the commentators on the Basilica
a jurist named Callistratus. Fabricius also supposes the Callistratus of the Basilica to have been
different from the Callistratus of the Digest. Suarez naturally expresses strong doubts as to the existence of a later Callistratus; for there are many
other asserted duplicate names, as Modestinus,
Theophilus, Thalelaeus, Stephanus, Dorotheus,
Cyrillus, Theodorus, Isidorus; but Reiz has shewn,
in several instances, that the asserted later commentator, 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 thle existence of two sets

CALLISTUS. 579
of jurists of the same names but different dates
has gained credit partly from the mendacious inventions and supposititious citations of Nic. Comnenus Papadopoli, and partly from a very general
misunderstanding of the mode in which the scholia
on the Basilica were formed. 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 confounded with the latter, and were not unnaturally
supposed to be posterior in date to the work which
they explained. The determination of the question 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. Bibl. Graec.
xii. p. 440, and the parentheses () denote a reference 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, 833, 836,
837, 869, 871, 888." On reference to these passages, we find nothing to indicate a Graeco-Roman
jurist Callistratus.
(Bertrandus, de Jurisperitis, i. c. 27; Aug. Jenichen, Ep. Singular. de Callistrato JGto, 4to. Lips.
1742; Zimmern. R. R. G. i. ~ 101; Suarez, Notitia
Basilicorum,ed.Pohl. Lips.1804, ~~ 34,41.)[J.T.G.]
CALLI'STRATUS, a statuary, 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. I.]
CALL1'STRATUS, DOMI'TIUS (Aopiunos
KaoiarTpaoros), is mentioned seven times by Stephanus of Byzantium, as the author of a work on
Heracleia (7rept 'HpaocXelas), which consisted of at
least seven books. (Steph. Byz. s. v. 'OAuIAr.)
If, as it appears, he is the same as the one mentioned by Athenaeus (vi. p. 263), he was a disciple of Aristophanes of Byzantium. (Comp. Schol.
ad Aeschyl. Pers. 941, ad Apollon. Rhod. i. 1125,
ii. 780; Snid. s. v. ADix6evos.) [L. S.]
CALLISTUS (Ka'AAtoros). 1. A contemporary of the emperor Julian, who accompanied his
sovereign on his expeditions, and afterwards celebrated his exploits in an epic poem, from which
a statement is quoted by Nicephorus. (Hist.
Eccles. vi. 34.)
2. Surnamed Syropulus, a Christian author
who wrote a learned disputation against the
Palamites, which was dedicated to the patriarch
Euthymius. (Nic. Commenus, Praenot. Mystag.
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 refused to comply with the request and withdrew to
a monastery. As he refused to perform his duties
as patriarch, Philotheus was appointed in his
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