Isido'rus
one of the professors of law to whom the constitutio
Omnem, de Conceptione Digestorum was addressed by Justinian in A. D. 533.
It is generally supposed that Isidorus was a professor at Berytus, not Constantinople, but there is no express authority for this belief. (Ritter,
ad Heineccii Hist. Jur. Rom. § 336.) By Suarez (
Notit. Basil. § 41), Fabricius (
Bibl. Gr. vol. xii. p. 345), and Hoffmann (
Hist. Jur. 2.2, p. 556) Isidorus is stated to have been one of the jurists employed by Justinian in compiling the Digest, but there is no warrant for this assertion in Const.
Tanta, § 9, where the names of the commissioners appointed by Justinian for that purpose are enumerated.
In the " Collectio Constitutionum Graecarum," edited by Ant. Augustinus (8vo. Ilerdae, 1567, fol. 6, A.) is an extract from Matthaeus Blastares, which, as it differs considerably from the text of Blastares given by Beveridge (
Synodicon, vol. ii. in Praef. Syntagmatos), we here transcribe :
Στέφανος γάρ τις εἰς πλάτος τὰ Διγεστα ἐξηγήσατω1 Κύριλλος κατ᾽ ἐπιτομήν. Δωρόθεος μέσῃ τάξει ἐχρήσατο. Θαλέλαιος ἀντικένσορ2 τοὺς Κώδικας εἰς πλάτος ἐκδέδωκε. Θεόδωρος Ἑρμουπολίτης συντετμημένως, ἔτι δὲ συντομώτερον Ἀνατόλιος. ὁ δὲ Ἰσίδωρος στενώτερον μὲν τοῦ Θαλελαίου, πλατύτερον δὲ τῶν λοιπῶν δύο.
(Reiz.
ad Theophilum, p. 1246.16; Zachariae,
Hist. Jur. Gr. Rom. Delin. Corrigenda ad p. 27, lin. 21.)
The work of Isidorus here mentioned was probably a Greek abridgment of the Code, with commentary. Fragments of it are to be found in Schol.
Basil. vol. vi. p. 211, 212, 213, 230-234, 251-253.
The abridgment seems to have been admitted into the text of the Basilica, while the commentary is appended by way of scholium. (Mortreueil,
Histoire du Droit Byzantin, vol. i. p. 142.)
This is probably the work referred to by the scholiast on
Basil. vol. v. p. 356, under the name
ἡ τοῦ Ἰσιδώρου ἐκδόσις, for the scholium on that passage relates to cod. 3. tit. 41. In Schol.
Basil. vol. vi. p. 219, Isidorus cites a Constitution of Leo.
This citation has by some been supposed to point to a Novel of Leo the Philosopher, and accordingly the date of Isidorus has been thrown forward; but Reiz has justly observed (
ad Theoph. p. 1237) that Isidorus is referring to a Constitution of Leo the Thracian of A. D. 459, inserted in cod. 8. tit. 54. s. 30.
From Schol.
Basil. vol. ii. p. 558, and Schol.
Basil. vol. iii. p. 53, Isidorus is proved to have written a commentary on the Digest; and several extracts from this commentary are appended to the Basilica. (Schol.
Basil. vol. ii. p. 555, 556, 558, &c. ed. Fabrot., vol. ii. p. 384, 396, 398, 399, 483, ed. Heimbach.) No credit is to be given to Nic. Comnenus Papadopoli, who (
Praenot. Mystag. p. 403) speaks of an Isidorus antecessor and logotheta dromi, and mentions his Scholia on the Novells of Alexius Comnenus. (Heimbach,
de Basil. Orig. p. 40.)
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J.T.G]
