Eusta'thius Roma'nus1. A celebrated Graeco-Roman jurist. Of the noble family of the Maleini, he was honoured with the rank of Patricius, and filled various high offices at Constantinople. He was first a puisne judge (λιτὸς κριτής) under Romanus junior (Basil. vii. p. 677, schol.), and continued to fill the same office under Nicephorus Phocas (reigned A. D. 963-969), then was made Quaestor, and was afterwards made Magister Officiorum under Basileius Bulgaroctonus (reigned 975-1025). Basileius Porphyrogenitus, in a novell inserted in the collection of Leunclavius (J. G. R. ii. p. 173), speaks of the uninterrupted prosperity of his family for 100 or 120 years. (Zachariae, Hist. Jur. Gr. Rom. Delin. p. 58; Heimbach, de Basil. Orig. p.79.)
WorksHe is quoted by the four appellations, Eustathius, Patricius, Romanus, and Magister.
Harmenopulus, in the Prolegomena to his Hexabiblon (§ 20), mentions his obligations to the Romaica, of Magister, who was evidently a judge as well as an interpreter of law, for Harmenopulus frequently cites his decisions and decrees: Harmenopulus also several times cites Patricius, and, wherever such a citation occurs, there is always a marginal reference in manuscripts to the Biblion Romaicum, which appears to be the same as the Romaica of Magister. In Harmenopulus (4. tit. 12.10), is a passage cited from Patricius, with a marginal reference to the Biblion Romaicum, and the same passage is attributed in a scholium on the Basilica (60. tit. 37, vol. vii. p. 678) to Romanus. This work of Magister was divided into titles, and the titles Περὶ Γυναικῶν, Περὶ Κληρονομίας and Περὶ Διαθηκῶν, are cited in the Hexabiblon (5. tit. 9. §§ 11, 12, 13). Mortreuil (Histoire du Droit Byzantin, ii. p. 503, Paris, 1844,) identifies the Biblion Romaicum with the Practica of Eustathius.
Σημειώματα, or Observations
The Σημειώματα, or observations of Magister, are also mentioned in the Hexabiblon (3, tit. 3. 111).
Μικρον κατα Στοιχεῖον, and in Basil. vii. p. 22, mention is made of the Στοιχεῖον τοῦ Μαΐστορος; but the work which now exists in manuscript, and passes under the name of the Μικρὸν κατὰ Στοιχεῖον, or Synopsis Minor, has been usually attributed to Docinmus, or Docimius, and is of a later date than Eustathius. (Reiz. Index Nom. Prop. in Harmenop. s. vv. Masister; Patricius, Μικρὸν, in Meerman. Thes. Suppl. pp. 389-400; Zachariae, Hist. Jur. Gr. Rom. Delin. § 47.)
Ὑπόμνημα of Eustathius is cited Basil. iii. p. 116. It is a tract of the date A. D. 1025, de Duobus Consobrinis qui Duas Consobrinas duxerant.
EditionsIt is printed in the collection of Leunclavius (J. G. R. i. p. 414).
Υ῾πόμνημα Εὐσταθίου περὶ Βίου (sic) τοῦ Ῥωμαίου. He supposes that the title ought to be read Ὑπόμνημα περὶ βίου Εὐσταθίου τοῦ Ῥωμαίου.
Πεῖρα, orIn the last-cited passage, the Scholium gives an extract from the Practica, and mentions Patricius as the author. Eustathius is here to be understood, and not, as Heimbach and Fabricius supposed, the earlier Patricius Heros. The Πεῖρα, or Practica, of Eustathins is cited in the Scholia, Basil. vii. p. 516. 676-7. The Practica is a work written not by Eustathius himself, but by some judge or assessor of the judgment-seat. It conists of 75 titles, under which are contained extracts from proceedings in causes tried at Constantinople, and determined by various judges, espacially by Roimanus. Most of these causes were heard in the Hippodromus. a name of a court paralleled by our English Cockpit. Πεῖρα (which appears better to deserve publication than some of those remains of Graeco,-Roman Jurisprudence which have been lately given to the world by Heimbach and Zachariae) exists in manuscript in the Medicean Library at Florence (Cod. Laurent. lxxx. fol. 478, &c.), with the title Βιβλίον, ὅπερ παρὰ μέν τινων ονομάζετα; Πε̂ρα, παρα δέ τινων Διδασκαλια ἐκ τῶν πράξεων τοῦ μεγάλου κυροῦ Εὐσταθίου του Ρωμαίου. (Zachariae, Hist. Jur Gr. Rom. Delin. § 41.)
Περὶ Υ῾ποβόλου, which is in manuscript at Paris. The meaning of the word ὑποβόλου has been a subject of much dispute. (Du Cange Gloss. Med. et Inf. Graec. s. v.) It seems ordinarily to mean that to which the wife is entitled by agreement or particular custom upon the deatll of her husband, over and above the dowry she brought him.
2. To Eustathius Romanus has been falsely ascribed a work concerning prescription and the legal effect of periods of time from a moment to a hundred years.
Attributed to other authorsThe work is commonly attributed to Eustathius, Antecessor Constantinopolitanus. If this inscription be correct, the Professor must have been of earlier date than Eustathius Romanus, for the treatise De Temporum Intervallis appears to have been originally compiled in the seventh century.
EditionsThis work was published with a Latin version by Schardius (Basil. 1561), and immediately afterwards in Greek only by Cujas, along with his own treatise on the same subject. It has since been often reprinted under various names. It may be found in the collection of Leunclavius (ii. p. 297) with the title De Temporum Intervallis, with Scholia of Athanasius and others. The last edition is that by Zachariae. (Αἱ Ῥοπαί, oder die Schrift über, die Zeitabschnitte, 8vo. Heid. 1836.)
Eleventh century revisionsThe edition of Schardius gives the work nearly in its original form; Cujas, Leunclavius, and Zachariae present us with a second edition of the same work as revised about the eleventh century by some editor, who has added scholia of his own, and introduced references to the Basilica. (Biener, Gesch. der Novellen, p. 124.)
Αἱ ἀγωγαὶ ἐν συνόψει, which is found appended in manuscript to the Procheiron auctum.