Callistratus

• A Grecian orator, Nep. Epam. 6, 1.—
• II A Grecian statuary, Plin. 34, 8, 19, § 52.—
• III A Grecian writer on natural history, Plin. 37, 3, 12, § 51; 37, 7, 25, § 94.

(Καλλίστρατος), historical.

1. Son of Empedus, is mentioned by Pausanias as the commander of a body of Athenian cavalry in Sicily during the expedition of Nicias. When his countrymen were nearly cut to pieces at the river Assinarus, B. C. 413, Callistratus forced his way through the enemy and led his men safe to Catana. Thence returning to Syracuse, he attacked those who were plundering the Athenian camp, and fell, selling his life dearly. (Paus. 7.16; comp. Thuc. 7.84, 85.)

2. One of the body of knights under the command of Lysimachus, who were employed by the government of the Ten to keep in check the exiles under Thrasybulus in the Peiraeeus. Lysimachus having massacred some countrymen, with whom he fell in as they were going from the Peiraeeus to their farms to procure provisions, the party in the harbour, having got Callistratus into their hands, retaliated by putting him to death, B. C. 403. (Xen. Hell. 2.4.27.) In B. C. 410, this Callistratus had been treasurer of the goddess. Perhaps also he was the originator of the practice of paying the poorer citizens for their attendance at the assembly (μισθὸς ἐκκλησιαστικός); but Böckh thinks that the introduction of this salary is more probably to be referred to the son of Empedus. (Publ. Econ. of Athens, bk. ii. ch. 14.)

3. An Athenian orator, son of Callicrates of Aphidna, and nephew of the notorious Agyrrhius. (Dem. c. Timocr. p. 742.) We first hear of him in B. C. 379, as connected with the oligarchical party, and as sending to Thebes to warn Leontiades of the intended attempt on the Cadmeia by the exiles under Pelopidas; and yet in the following year, 378, he was joined with Chabrias and Timotheus in the command of the forces which were despatched to the assistance of Thebes against Agesilaus. (Plut. de Gen. Socrat. 31; Xen. Hell. 5.4.34; Diod. 15.29.) Still, however, he appears as the supporter at Athens of Spartan interests. Thus, in 373, he joined Iphicrates in the prosecution of Timotheus, who had been most active against Sparta in the western seas, and had, in fact, by his restoration of the Zacynthian exiles, caused the renewal of war after the short peace of 374. (Dem. c. Timoth. pp. 1187, 1188; Xen. Hell. 6.2. §§ 11-13, comp. 5.4.64, &c., 6.2. §§ 2, 3.) In 373 also, but before the trial of Timotheus, Callistratus had been appointed commander, together with Iphicrates and Chabrias, of the forces destined for Corcyra,--and this at the request of Iphicrates himself, to whom (according to one mode of interpretating the words of Xenophon, οὺ μάλα ἐπιτήδειον ὄντα) he had hitherto been opposed. (Xen. Hell. 6.2.39; compare Schneid. Epimetr. ad loc.; Thirlwall's Greece, vol. v. p. 63, note 2; Böckh, Publ. Econ. of Athens, p. 419, note 497, 2nd. edit.; Dem. c. Timoth. p. 1187.) Soon, however, he induced Iphicrates to consent to his returning to Athens, promising either to obtain for him a supply of money, or to bring about a peace; and in 371 accordingly we find him at Sparta with the ambassadors,--himself apparently without that title,-- who were empowered to negotiate peace for Athens. On this occasion Xenophon records a speech delivered by him after those of Callias and Autocles, and the only pertinent and sensible one of the three. (Xen. Hell. 6.3. §§ 3, 10, &c.; see Diod. 15.38, 51, who in the former passage assigns the mission of Callistratus to B. C. 375, confounding the peace of 371 with that of 374, and placing the latter a year too soon.) Again, in 369, the year of the invasion of Laconia by Epaminondas, Callistratus induced the Athenians to grant the aid which the Spartans had sent to ask. (Dem. c. Neaer. p. 1353; comp. Xen. Hell. 6.5.33, &c.) To B. C. 366 we may with most probability refer his famous speech on the affair of Oropus,--a speech which is said to have excited the emulation of Demosthenes, and caused him to devote himself to the study of oratory. It would seem that, after the seizure of Oropus by a body of Oropian exiles and the consequent loss of it to Athens, the Athenians, having sent an army against it under Chares, were induced by Chabrias and Callistratus to compromise the matter by delivering the place as a deposit to the Thebans pending the adjustment of their claims. The Thebans refused afterwards to surrender it, and the consequence was the prosecution of the advisers of the compromise. At first the eloquence of Callistratus was successful, and they were acquitted; but the loss of so important a frontier town rankled in the minds of the people, and Callistratus appears to have been condemned to death in 361, and to have gone into banishment to Methone in Macedonia. In 356 (see Clinton on the year) he seems to have been still an exile, but he ultimately returned to Athens,--a step which the orator Lycurgus refers to as a striking instance of judicial infatuation,--and was put to death, though he had fled for refuge to the altar of the twelve gods. (Xen. Hell. 7.4.1, &c.; Diod. 15.76; Plut. Dem.; 5 Hermipp. apud Gell. 3.13; Pseudo-Plut. Vit. X Orat. p. 156, ed. Tauchn.; Dem. c. Polycl. pp. 1221, 1222; Lycurg. c. Leocr. p. 159; Aristot. Rh. 1.7.13.) During his exile he is said to have founded the city of Datum, afterwards Philippi, and doubtless he was the deviser of the plan for increasing the rent of the Macedonian harbour dues from 20 to 40 talents. (Isocr. de Pac. p. 164a.; Pseudo-Aristot. Econ. 2.22; comp. Schneid. Epim. ad Xen. Hell. 6.2.39; Böckh, Publ. Econ. of Athens, bk. iii. ch. 4.) Demosthenes appears to have admired him greatly as an orator, and Theopompus praises him for his public conduct, while he censures the profligacy of his private life. (Dem. de Cor. p. 301, de Fals. Leg. p. 436; comp. Ruhnken, Hist. Crit. Orat. Graec. ap. Reiske, vol. viii. p. 140; Aristot. Rh. 1.14.1, 3.17.13; Theopomp. apud Athen. iv. p. 166e.) The author of the lives of the X Orators (l.c.) strangely confounds the present Callistratus with the son of Empedus, in which mistake he has been followed by some modern writers: others again have erroneously identified him with the Callistratus who was Archon Eponymus in 355. (See Ruhnken, l.c.; Clint. Fast. ii. pp. 126, 378; Böckh, Publ. Econ. bk. ii. ch. 14.)

4. An Elean, who came as an ambassador to Antiochus III. (the Great) at Chalcis, B. C. 192, to ask for aid to Elis against the Achaeans. The latter had declared for Rome, and decided on war with Antiochus, and the Eleans, friends to Antiochus, feared in consequence the invasion of their territory. The king sent them, for their defence, a thousand men under the command of Euphanes the Cretan. (Plb. 20.3; Liv. 35.48_50, 36.5.)

5. Private secretary to Mithridates. He fell into the hands of the Romans when his master decamped so hastily from his position on the plains of Cabeira, B. C. 72; and the soldiers, who were bringing him before Lucullus, murdered him when they discovered that he had a large sum of money about his person. (Plut. Luc. 17; comp. App. Bell. Mithr. p. 227.) [E.E]

literary.

1. A Greek grammarian, and a disciple of Aristophanes of Byzantium, whence he is frequently surnamed ὁ Ἀριστοφάνειος. (Athen. 1.21, vi. p. 263.) He must have lived about the middle of the second century before Christ, and have been a contemporary of the famous Aristarchus. He appears to have devoted himself principally to the study of the great poets of Greece, such as Homer, Pindar, the tragedians, Aristophanes, and some others, and the results of his studies were deposited in commentaries upon those poets, which are lost, but to which occasionally reference is made in our scholia. Tzetzes (Chil. 11.61) states, that the grammarian Callistratus was the first who made the Samians acquainted with the alphabet of twenty-four letters, but this is in all probability a fiction. (Comp. Schol. ad Hom. Il. 7.185.) There are several more works mentioned by the ancients, which, it seems, must be attributed to our grammarian. Athenaeus (iii. p. 125) mentions the seventh book of a work called Σύμμικτα, and in another passage (xiii. p. 591), a work on courtezans (περὶ ἑταιρῶν), both of which belong probably to Callistratus the grammarian. Harpocration (s. v. Μενεκλῆς ἢ Καλλίστρατος) mentions a work περὶ Ἀθηνῶν, which some ascribed to Menecles and others to Callistratus, but the reading in the passage of Harpocration is uncertain, and Preller (Polem. Fragm. p. 173, &c.) thinks that Καλλικράτης ought to be read instead of Καλλίστρατος. A commentary of Callistratus on the Θρατταί of Cratinus is mentioned by Athenaeus (xi. p. 495). It is uncertain whether the Callistratus whose history of Samothrace is mentioned by Dionysius of Halicarnassus (1.68; comp. Schol. ad Pind. Nem. 7.150) is the same as our grammarian. (R. Schmidt, Commentatio de Callistrato Aristophaneo, Halae, 1838, 8vo.; Clinton, Fast. Hellen. iii. p. 530.)

2. The author of a song upon IIarmodius the tyrannicide, which appears to have enjoyed great popularity in antiquity. Its beginning is preserved in Suidas (s. v. Παροίνιος) and the Scholiast on Aristophanes. (Acharn. 956; comp. Hesych. s. v. Ἁρμοδίου μέλος.) The whole song is preserved in Athenaeus. (xv. p. 695; comp. Brunck, Anal. i. p. 155.)

3. A comic actor of the time of Aristophanes, in whose comedies Acharnenses, Aves, and Vespae Callistratus performed, as we learn from the scholia on those plays. [L.S]

a Roman jurist, who, as appears from Dig. 1. tit. 19. s. 3.2, and from other passages in the Digest, wrote at least as late as the reign (A. D. 198-211) of Severus and Antoninus (i. e. Septimius Severus and Caracalla).

In a passage of Lampridius (Alex. Sev. 68) which, either from interpolation or from the inaccuracy of the author, abounds with anachronisms, Callistratus is stated to have been a disciple of Papinian, and to have been one of the council of Alexander Severus. This statement may be correct, notwithstanding the suspicious character of the source whence it is derived. Works

The numerous extracts from Callistratus in the Digest occupy eighteen pages in Hommel's Palingenesia Pandectarum ; and the fact that he is cited by no other jurist in the Digest, may be accounted for by observing, that the Digest contains extracts from few jurists of importance subsequent to Callistratus. The extracts from Callistratus are taken from works bearing the following titles : 1. Libri VI de Cognitionibus. 2. Libri VI Edicti Monitorii. 3. Libri IV de Jure Fisci, or de Jure Fisci et Populi.Dig. 48, tit. 20. s. 1 4. Libri III Institutionum. 5. Libri II Quaestionum. The titles of the first three of these works require some explanation. 1. de Cognitionibus

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 ordojudiciorum, sometimesby 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. Jur. Rom. lib. 1. c.9.) 2. Edictum Monitorium

What is meant by Edictum Monitorium is by no means clear. Haubold (de Edictis Monitoriis 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. de Jure Fisci et Populi

The phrase de Jure Fisci et Populi appears anomalous, but it occurs elsewhere. (See Paulus. Recept. Sent. 5.12.) 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.) Commentators

The principal commentator on Callistratus is Edm. Merillius, whose Commentarius ad Libros duo Quaestionum Callistrati is inserted in Otto's "Thesaurus," 3.613-634. A dissertation by And. W. Cramer, de Juvenibus apud Callistratum JCtum, appeared at Kiel, 8vo. 1814. Confusion between Callistratus the Jurist and Callistratus of the Digest

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 the existence of two sets 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, 1.257, 2.36, 315, 512, 3.206, iv. (263), 292, 358, 507, (568,) 810, 833, 5.10, 734, 778, 788, vi. (158), 436, 468, 490, 677, 680, 702, 703, 7.439, 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. Further Information

Bertrandus, de Jurisperitis, 1.100.27; Aug. Jenichen, Ep. Singular. de Callistrato JCto, 4to. Lips. 1742; Zimmern. R. R. G. 1.101; Suarez, Notitia Basilicorum, ed. Pohl. Lips.1804,§§ 34, 41. [J.T.G]

a statuary, of uncertain country, who lived about B. C. 160, at which time the arts revived after a period of decay. (Plin. xxxiv. S. s. 19.) [W.I]

(Δομίτιος Καλλίστρατος), is mentioned seven times by Stephanus of Byzantium, as the author of a work on Heracleia (περὶ Ἠρακλείας), which consisted of at least seven books. (Steph. Byz. s. v. Ὀλύμπη.) 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. 1.1125, 2.780; Suid. s. v. Φιλόξενος.) [L.S]

(Καλλίστρατος). A Greek rhetorician, who probably flourished in the third century A.D. He was the author of descriptions of fourteen statues of celebrated artists—Scopas, for instance, Praxiteles, and Lysippus, written after the manner of Philostratus. His style is dry and affected, and he gives the reader no real insight into the qualities of the masterpieces which he attempts to describe.

• Athenian cavalry officer, his heroic death: Paus. 7.16.4-6