Cujacius, in his Preface to the 60th book of the Basilica, prefixed to the 7th volume of
Fabrot's edition of that work, supposes Enantiophanes to be the assumed name of a
Graeco-Roman jurist, who wrote Notit. Basil. § 35) says that Photius, in his Nomocanon,
mentions having written such a work. Fabricius, in a note upon the work of Suarez (which is
inserted in the
The period when the jurist lived who bears this name, has been a subject of much dispute.
Reiz (ad Theophilum, pp. 1234, 1236) thinks that Enantiophanes wrote
before the composition of the Basilica, and marks his name with an asterisk as an ascertained
contemporary of Justinian. In Basil. iii. p. 318 Enantiophanes calls
Stephanus his master; but this is by no means conclusive. Assemanni, misled by Papadopoli,
thinks that the Stephanus here meant lived under Alexius Comnenus, and was not the Stephanus
who was one of the compilers of Justinian's Digest. The contemporary of Justinian, however,
was undoubtedly the person intended; but Stephans was one of those early Graeco-Roman jurists
who, like Domninus, Patricius, and Cyrillus, are thought by Zachariae (Anecdota, p. viii.) to have been called by subsequent jurists masters or teachers in a
general sense. (Compare Basil. 11. tit. i. s. 67, sch. ed. Heimbach, i.
p. 646.) Zachariae places Enantiophanes among the jurists who lived before the time of
Basileius Macedo (Hist. Jur. Gr. Rom. Deiius, § 20. 1, 2.) That he
lived before the formation of the present text of the Basilica, appears from his being
several times named in the text itself, as in iii. p. 258, where he cites Theophilus ; ii. p.
560, where he cites the Code of Justinian ; 1.99, where he cites the Novells of Justinian.
According to the Scholium on the Basilica (ii. p. 548, ed. Heimbach), he seems to have
written notes upon the Digest. That he was alive after the death of Justinian appears from
Basil. iii. p. 230 (ed. Heimbach), where he cites a Novell ot Justin.
On the other hand, Assemanni thinks that he wrote after the composition of the Basilica,
which, in the Scholium, Basil. i. p. 262, he appears to cite; but it is
very likely that here, as in many other places, that which was originally a citation from the
Digest has been subsequently changed for convenience into a reference to the Basilica. In Basil. iii. p. 440, he cites Gregorius Doxapater, whom Pohl (followed by
Zachariae), on the supposed authority of Montfaucon, places in the first half of the 12th
century; but we have shewn [DOXAPATER] that there is no ground for
identifying Gregorius Doxapater with the Doxapater mentioned by Montfaucon.
the Anonymousjurist.
An eminent jurist of the time of Justinian is frequently cited in the Basilica, and in the
Scholia on that work by the appellation of the Anonymous. This writer
composed an Index or abridgment of the Novells of Justinian, and was the author of
Biener (Geschichte der Novellen Justinians, p. 56) threw out the
conjecture, that the Anonymous was no other than Julianus, the author of the Latin Epitome of
the Novells; and Zachariae (Anecdota, p. 204-7) attempts to establish
this conjecture. Mortreuil seems disposed to identify the three.
In order to facilitate investigation, we subjoin a list (formed from Reiz and Fabricius) of passages in the Basilica where the name of Enantiophanes occurs.
Basil. i. pp. 70, 99, 100, 109, 260, 408, 262, 265, 266, ii. pp. 540,
560, 609, 610, 628, iii. pp. 43, 170, 258, 318, 393, 394, 412, v. p. 726, 6.250, 251, 260,
7.496, 499, 565, 640, 641.
Heimbach, de Basil. Orig. pp. 76-79.