), by
Florentinus
(Dig.
William Smith - 1844 - Dictionary of Greek and Roman Antiquities - b
sec.
Loc.
iv.
7, lasted more than thirty days.
The Roman senate
vol. xii. p. 730), sometimes Gullus (ibid. iii. 1, iv. decreed public thanksgivings for three days, and
8, vol. xii. p. 625, 784), and sometimes by both Anicius Gallus, on his return to Rome, celebrated
names (De Antid. ii. 1, vol. xiv. p. 114). In one a triumph over Gentius. In B. c. 155 he was one
passage (De Cumpos. Medicam. sec. Gen. vi. 6, vol of the ambassadors sent to call Prusias to account
xiii. p. 885) Táncos Aracos is apparently a mis for his conduct towards Attalus. (Liv. xliv. 17,
take for rásnos Atilos. He is quoted by Ascle 30, 31, xlv. 3, 26, 43 ; Polyb. xxx. 13, xxxii. 21,
piades Pharmacion (apud Gal. De Compos. Medi- xxxiii. 6 ; Appian, Illyr. 9. )
cam. sec. Loc. iv. 7. vol. xii, p. 730), and Andro- 2. L. ANICIUS, L. f. L. N. Gallus, was consul
machus (apud. Gal. ibid. iii. 1, vol. xii. p. 625), in B. c. 160, the year in which the Adelphi of
and must have lived in the first century after Terence was brought out at the funeral games of
Chrish, as he is said to have prepared an antidote M. Aemilius Paullus. (Didascul. ad Terent. Adelpl. ;
for one of the emperors, which was also used by Fasti. )
[L, S. ]
Charmis, who lived in the reign of Nero, A. D. 54 GALLUS, A'NNIUS, a Roman general un-
-68. (Gal. De Antid. ii. 1, vol. xiv. p. 114. ) der the emperor Otho in his expedition against the
Haller (Biblioth. Medic. Pract, and Biblioth. Botun. ) troops of Vitellius, in A. D. 69. He was sent out
supposes that there were two physicians of the by Otho to occupy the banks of the Po; and when
name of Aelius Gallus; but this conjecture, in the Caecina laid siege to Placentia, Annius Gallus
writer's opinion, is not proved to be correct, nor hastened with a detachment of his army to the
does it seem to be required.
relief of the place. When Otho assembled his
Besides this Gallus, there is another physician of council, to decide upon the mode of acting, Eallus
the name, M. Gallus, whois sometimes said to have advised him to defer engaging in any decisive
had the cognomen AsclePIA DES ; but this appears battle. After the defeat of Otho's army in the
to be a mistake, as, in the only passage where he is battle of Bedriacum, Annius Gallus pacified the
mentioned (Gal. De Compos. Medicam. sec. Loc. viii. enraged Othonians. In the reign of Vespasian he
5, vol. xiii. p. 179), instead of ráadov Mápkov toll was sent to Germany against Civilis. (Tac. Hist.
Aokinniáduv, we should probably read ráalov i. 87, ii. 11, 23, 33, 44, iv. 68, v. 19; Plut. Otho
Μάρκου του Ασκληπιαδείου, i. e. the follower of 5, 8, 13. )
[L. S. )
Asclepiades of Bithynia.
(W. A. G. ) GALLUS, ANTI'PATER, a Roman historian,
GALLUS, ANÍCIUS. 1. L. Anicius, L. who lived about the time of the so-called Thirty
P. M. N. GALLUS, was praetor in B. c. 168, and Tyrants, and is censured by Trebellius Pollio
conducted the war against Gentius, king of the (Claud. 5) for his servile flattery towards Aureo-
Illyrians, who had formed an alliance with Per- lus ; but no further particulars are known, and his
seus of Macedonia against the Romans. L. Ani- work is lost, with the exception of a few words
cius Gallus was stationed at Apollonia, and on quoted by Trebellius Pollio (l. c. ).
(L. S. )
hearing what was going on in Illyricum, he re- GALLUS, C. AQUI'LLIUS, one of the most
solved to join App. Claudius, who was encamped distinguished of the early Roman jurists—those
on the banks of the river Genusus, to co-operate" veteres "—who flourished before the time of the
with him against the Illyrians ; but as he was empire. Born of an ancient and noble plebeian
soon after informed that Illyrian pirates had been family, he applied himself to the study of the law,
sent out to ravage the coasts of Dyrrhachium and under the auspices of Q. Mucius P. f. Scaerola, the
Apollonia, Anicius Gallus sailed out with the pontifex maximus, who was the greatest jurist of
Roman fleet stationed at Apollonia, took some of the day: Of all the pupils of Q. Mucius, he at-
the enemy's ships, and compelled the rest to return tained the greatest authority among the people, to
to Illyricum. He then hastened to join App. whom, without regard to his own ease, he was
Claudius, to relieve the Bassanitae, who were be always accessible, and ready to give advice.
sieged by Gentius. The news of the arrival of For deep and sound learnirg, perhaps some
Anicius Gallus frightened the king so much, that of his fellow-pupils
, as Lucilius Balbus, Papirius,
he raised the siege, and withdrew to his strongly- and C. Juventius, may have had equal or greater
fortified capital of Scodra, and a great part of his reputation among the members of their own pro-
army surrendered to the Romans. The clemency fession ; but they did not, like Gallus, exercise
of the Roman praetor led the towns to follow the much influence on the progress of their art. He
example of the soldiers, and Gallus thus advanced was an eques and senator.
At the end of the year
towards Scodra. Gentius left the place to meet B. C. 67 he was elected praetor along with Cicero,
his enemy in the open field ; but the courage thus and, in the discharge of his office, greatly signalised
displayed did not last, for he was soon put to himself by legal reforms, of which we shall pre-
flight, and upwards of 200 men being killed in sently take notice. During his praetorship he
hurrying back through the gates, the king, ter- presided in quaestiones de ambitu, while the ju-
rified in the highest degree, immediately sent the risdiction in cases de pecuniis repetundis was as-
noblest Illyrians as ambassadors to Anicius Gallus signed to his colleague. (Cic. pro Cluent. 54. ) He
to beg for a truce of three days, that he might have never aspired to the consulship, for he was prudent
time to consider what was to be done. This re- and unambitious, or rather, his ambition was satis
## p. 224 (#240) ############################################
224
GALLUS.
GALLUS.
fied by the judicial sovereignty which he exer- | is remarkable, that we are not acquainted with the
cised. Moreover, he dreaded the additional toils title of any one of his works, though he is often
of an office to which he felt his declining health quoted in the Digest. Thus, he is loosely quoted
unequal. (Ad Att. i. 1. ) Of the details of his by Labeo (Dig. 33. 8. 29. $1), by Africinus
private life little is known. Pliny (H. N. vii. 1) (Dig. 28. tit. 6. 8. 33. § 7), by Cervidius Scaevola
bays, epigrammatically, that he was even more dis- (Dig. 28. tit. 2. s. 29), by Licinius Ruñnus ( Dig.
tinguished for the magnificent mansion which he 28. tit. 5. s. 74), by Javolenus (Dig. 40. tit. 7.
possessed upon the Viminal Hill than for his know. s. 39, pr.
), by Florentinus (Dig. 46. tit. 4. s. 18.
jedge of the Civil Law. It was in this mansion, $1), by Paulus (Dig. 30. s. 127 ; Dig. 34. tit. 2.
the most superb in all Rome (P. Victor, De Urb. s. 32. § 1), by Ulpian (Dig. 8. tit. 5. s. 6. § 2;
Rom. Region. v. ), that his intimate friend, Q. Dig. 30. 8. 30. § 7, Dig. 43. tit. 24. s. 7. $ 4).
Scapula, suddenly expired while at supper with This unspecific mode of quotation shows that his
Gallus. (Plin. H. N. vii. 53. ) In a letter ad- original works were not in men's hands, and the
dressed to Servius Sulpicius, in B. C. 46 (ad Fum. same inference may be deduced from the silence of
iv. 6), Cicero speaks of a Gallus, a friend and re- the old grammarians, who never illustrate the
lative of Servius (vester Gallus), who lost a pro- usage of words by citations from Aquillius Gallus,
mising son, and bore bis loss with equanimity ; His authority, however, is invoked by Dionysius
but though Gallus Aquillius, the jurist, was the of Halicarnassus (lib. iii. p. 200, ed. Sylburg. ), for
friend and legal preceptor of Servius, it is doubtful the statement that, on one occasion, when the
from the context whether he is the person referred sewers were out of repair, the censors agreed to
to. In the Topica, a treatise which was published pay 100 talents for their cleansing.
in B. C. 44, Gallus is spoken of in the past tense, as Aquillius Gallus early acquired high reputation
no longer living. (Top. 12. ).
as a judex, and Cicero frequently appeared as an
We can only briefly review the professional advocate when his friend sat upon the bench. Al-
career of Gallus. Taught, himself, by the great ready, in B. c. 81, the youthful orator pleaded the
Mucius Scaevola, he could boast of being in tum cause of Quintius before Gallus (Gell. xv. 28),
the principal instructor of Servius Sulpicius, who and, a few years afterwards, Gallus was one of the
had previously learned the elements of law from judices on the trial of Caecina In the latter case
Lucilius Balbas, and combined the excellencies of (pro Caec. 27), Cicero lavishes very high enco-
both his masters ; for if Balbus were more esteemed miums on his knowledge, ability, and industry, as
for solid and profound acquirement, Gallus had the well as his just and merciful disposition. The
advantage in penetration, dexterity, and readiness. speech Pro Čluentio was also addressed to Gallus
(Cic. Brut. 42. ) “ Institutus fuit “ (Servius), says as a judex. Cicero himself resorted for legal advice
Pomponius, in the ill-written fragment De Origine to his friend, although, in a question relating to a
Juris (Dig. i. tit. 2. s. 2. Ø 43), “ a Balbo Lucilio, ! right of water, he says that he preferred consulting
instructus autem maxime a Gallo Aquillio, qui fuit M. Tugio, who had devoted exclusive attention to
Cercinae. Itaque libri ejus complures extant, Cer- that branch of the law (pro Balb. 20). Gallus, on
cinae confectae. ” Cujas, in his comment on this the other hand, when he was consulted on ques
passage, speaks of Cercina as an island on the coast tions which involved controverted facts rather than
of Sicily, but no such island is mentioned by the legal doubts, used to refer his clients for advice
ancient geographers, according to whom Cercina and assistance to Cicero, as the great orator and
was an island (now Gamalera) in the Mare Syrti- skilful advocate ( Topic. 12. ). It is probable that
cum, where Marius lay hid. (Mela, ii. 7 ; Plin. H. Gallus was deficient in oratorical power, for on no
N. v. 7. ) There is some improbability in the sup- occasion do we find him complimented by Cicero on
position that Servius, although he visited Athens any such gift. Among the important causes which
and Rhodes (Cic. ad Fam. iv. 12, Brut. 41), he heard was that of Otacilia, who had carried on
should have passed his time with his preceptor in an adulterous intrigue with C. Visellius Varro.
an island on the coast of Africa-a singular choice Varro, being seriously ill, and wishing to make her
of a vacation residence for a busy jurist and his a present, which, if he died, she might recover
pupils ! Hence some critics conjecture that Cae- from his heirs under colour of a debt, permitted her
cina, in Etruria (Mela, ii. 4), is meant, and others to charge against him in a settled account the sum
have thought of Sicyon or Corcyra. It is equally of 300,000 sesterces, but, as he did not die so soon
doubtful whether the author of the works said to as she expected, she brought an action against him-
have been written at Cercina were Servius or self to recover the amount with interest. This im-
Gallus. (Otto, in Serv. Sulpic. Thes. Jur. Civ. pudent demand was upset by the legal anthority
vol. v. p. 1585-6. ) If Servius is meant, there is a and learning of Aquillius Gallus, who was appointed
needless repetition, for Pomponius, referring to judex in the case. (Val. Mar. viii. 2. )
Servius, shortly afterwards says, “ Hujus volumina Such was Gallus in practice, as counsel and
complura extant. ” In the time of Pomponius, judex, skilful in his art, with armour always bright,
some works of Aquillius Gallus were extant, but and weapon always keen. But he possessed higher
copies of them were scarce, and their contents were qualifications, which were perhaps not sufficiently
not such as to conduce to their popularity. Ser- appreciated by his contemporaries. He had a
vius Sulpicius incorporated the works of Gallus, strong love of equity, and a strong dislike to chi-
and of other disciples of Mucius, in his own canery and fraud, and a clear perception of the
writings, completed what they had left imperfect, points in which justice was defeated by technicali-
and, while he acknowledged his obligations to ties. It would have been too daring an attempt
their productions, he at once secured them from to disturb the artificial system of Roman jurispru-
oblivion, and deprived them of the chance of inde- dence by a legislation which, though it remedied
pendent fame, by the superior attraction of his some of its defects, was not in harmony with its
own style. By Ulpian, Gallus is cited at second established rules. Accordingly, Gallus applied his
Land from Mela, in Dig. 19. tit. 1. s. 17. $ 6. It | ingenious and inventive mind to the contrivance of
## p. 225 (#241) ############################################
GALLUS.
225
GALLUS.
a
legal novelties, to which his authority was suffi- | $ 22) and Q. Mucius (ilrd. 8. 39. pr. ). Further
cient to give currency, because, while they cured more, we must not (as the compiler of the Floren-
evils, they disturbed no settled notions. To ex- tine Index to the Digest appears to have done)
plain all his improvements in the law would exceed confound Aquillius Gallus with the later jurist
our limits, but there are three which deserve spe- Aquila.
cial mention - his formulae, 1st, for the institution The inscription in Gruter (p. 652. No. 6), in
of heirs; 2d, for releasing legal claims; and, 3d, for which mention is made of L. Aquillius Gemellus,
procedure in case of fraud.
the freedman of the jurist, is probably spurious.
As to the first head, a testament might have ! (Bertrandus, De Jurisp. ii. 9; Guil. Grotius, De
been broken, if it nominated a stranger as heir, Vitis ICtor. i. 8. 95–8; Maiansius, ad XXX ICtor.
passing over a suus hercs, though such heres Frag. Comment, vol. ii. p. 57—126; Heineccius,
should be born after the testator's death. This De C. Aquillio Gallo, ICto celeberrimo in Opusc.
latter event was provided for by a formula invented vol. ii. pp. 777-9; Zimmern, R. R. G. vol. i.
by Aquillius Gallus. He also provided a form, $ 77. )
(J. T. G. )
which was adopted on his authority, for the insti- GALLUS, L. AQUI'LLIUS, was pruetor in
tution, as heres, of a postumus, who was not a B. c. 170, and obtained Sicily for his province.
suus heres. (Dig. 28. tit. 2. s. 29, Diz. 28. tit. 6. (Liv. xli. 18, 19. )
(L. S.
vol. xii. p. 730), sometimes Gullus (ibid. iii. 1, iv. decreed public thanksgivings for three days, and
8, vol. xii. p. 625, 784), and sometimes by both Anicius Gallus, on his return to Rome, celebrated
names (De Antid. ii. 1, vol. xiv. p. 114). In one a triumph over Gentius. In B. c. 155 he was one
passage (De Cumpos. Medicam. sec. Gen. vi. 6, vol of the ambassadors sent to call Prusias to account
xiii. p. 885) Táncos Aracos is apparently a mis for his conduct towards Attalus. (Liv. xliv. 17,
take for rásnos Atilos. He is quoted by Ascle 30, 31, xlv. 3, 26, 43 ; Polyb. xxx. 13, xxxii. 21,
piades Pharmacion (apud Gal. De Compos. Medi- xxxiii. 6 ; Appian, Illyr. 9. )
cam. sec. Loc. iv. 7. vol. xii, p. 730), and Andro- 2. L. ANICIUS, L. f. L. N. Gallus, was consul
machus (apud. Gal. ibid. iii. 1, vol. xii. p. 625), in B. c. 160, the year in which the Adelphi of
and must have lived in the first century after Terence was brought out at the funeral games of
Chrish, as he is said to have prepared an antidote M. Aemilius Paullus. (Didascul. ad Terent. Adelpl. ;
for one of the emperors, which was also used by Fasti. )
[L, S. ]
Charmis, who lived in the reign of Nero, A. D. 54 GALLUS, A'NNIUS, a Roman general un-
-68. (Gal. De Antid. ii. 1, vol. xiv. p. 114. ) der the emperor Otho in his expedition against the
Haller (Biblioth. Medic. Pract, and Biblioth. Botun. ) troops of Vitellius, in A. D. 69. He was sent out
supposes that there were two physicians of the by Otho to occupy the banks of the Po; and when
name of Aelius Gallus; but this conjecture, in the Caecina laid siege to Placentia, Annius Gallus
writer's opinion, is not proved to be correct, nor hastened with a detachment of his army to the
does it seem to be required.
relief of the place. When Otho assembled his
Besides this Gallus, there is another physician of council, to decide upon the mode of acting, Eallus
the name, M. Gallus, whois sometimes said to have advised him to defer engaging in any decisive
had the cognomen AsclePIA DES ; but this appears battle. After the defeat of Otho's army in the
to be a mistake, as, in the only passage where he is battle of Bedriacum, Annius Gallus pacified the
mentioned (Gal. De Compos. Medicam. sec. Loc. viii. enraged Othonians. In the reign of Vespasian he
5, vol. xiii. p. 179), instead of ráadov Mápkov toll was sent to Germany against Civilis. (Tac. Hist.
Aokinniáduv, we should probably read ráalov i. 87, ii. 11, 23, 33, 44, iv. 68, v. 19; Plut. Otho
Μάρκου του Ασκληπιαδείου, i. e. the follower of 5, 8, 13. )
[L. S. )
Asclepiades of Bithynia.
(W. A. G. ) GALLUS, ANTI'PATER, a Roman historian,
GALLUS, ANÍCIUS. 1. L. Anicius, L. who lived about the time of the so-called Thirty
P. M. N. GALLUS, was praetor in B. c. 168, and Tyrants, and is censured by Trebellius Pollio
conducted the war against Gentius, king of the (Claud. 5) for his servile flattery towards Aureo-
Illyrians, who had formed an alliance with Per- lus ; but no further particulars are known, and his
seus of Macedonia against the Romans. L. Ani- work is lost, with the exception of a few words
cius Gallus was stationed at Apollonia, and on quoted by Trebellius Pollio (l. c. ).
(L. S. )
hearing what was going on in Illyricum, he re- GALLUS, C. AQUI'LLIUS, one of the most
solved to join App. Claudius, who was encamped distinguished of the early Roman jurists—those
on the banks of the river Genusus, to co-operate" veteres "—who flourished before the time of the
with him against the Illyrians ; but as he was empire. Born of an ancient and noble plebeian
soon after informed that Illyrian pirates had been family, he applied himself to the study of the law,
sent out to ravage the coasts of Dyrrhachium and under the auspices of Q. Mucius P. f. Scaerola, the
Apollonia, Anicius Gallus sailed out with the pontifex maximus, who was the greatest jurist of
Roman fleet stationed at Apollonia, took some of the day: Of all the pupils of Q. Mucius, he at-
the enemy's ships, and compelled the rest to return tained the greatest authority among the people, to
to Illyricum. He then hastened to join App. whom, without regard to his own ease, he was
Claudius, to relieve the Bassanitae, who were be always accessible, and ready to give advice.
sieged by Gentius. The news of the arrival of For deep and sound learnirg, perhaps some
Anicius Gallus frightened the king so much, that of his fellow-pupils
, as Lucilius Balbus, Papirius,
he raised the siege, and withdrew to his strongly- and C. Juventius, may have had equal or greater
fortified capital of Scodra, and a great part of his reputation among the members of their own pro-
army surrendered to the Romans. The clemency fession ; but they did not, like Gallus, exercise
of the Roman praetor led the towns to follow the much influence on the progress of their art. He
example of the soldiers, and Gallus thus advanced was an eques and senator.
At the end of the year
towards Scodra. Gentius left the place to meet B. C. 67 he was elected praetor along with Cicero,
his enemy in the open field ; but the courage thus and, in the discharge of his office, greatly signalised
displayed did not last, for he was soon put to himself by legal reforms, of which we shall pre-
flight, and upwards of 200 men being killed in sently take notice. During his praetorship he
hurrying back through the gates, the king, ter- presided in quaestiones de ambitu, while the ju-
rified in the highest degree, immediately sent the risdiction in cases de pecuniis repetundis was as-
noblest Illyrians as ambassadors to Anicius Gallus signed to his colleague. (Cic. pro Cluent. 54. ) He
to beg for a truce of three days, that he might have never aspired to the consulship, for he was prudent
time to consider what was to be done. This re- and unambitious, or rather, his ambition was satis
## p. 224 (#240) ############################################
224
GALLUS.
GALLUS.
fied by the judicial sovereignty which he exer- | is remarkable, that we are not acquainted with the
cised. Moreover, he dreaded the additional toils title of any one of his works, though he is often
of an office to which he felt his declining health quoted in the Digest. Thus, he is loosely quoted
unequal. (Ad Att. i. 1. ) Of the details of his by Labeo (Dig. 33. 8. 29. $1), by Africinus
private life little is known. Pliny (H. N. vii. 1) (Dig. 28. tit. 6. 8. 33. § 7), by Cervidius Scaevola
bays, epigrammatically, that he was even more dis- (Dig. 28. tit. 2. s. 29), by Licinius Ruñnus ( Dig.
tinguished for the magnificent mansion which he 28. tit. 5. s. 74), by Javolenus (Dig. 40. tit. 7.
possessed upon the Viminal Hill than for his know. s. 39, pr.
), by Florentinus (Dig. 46. tit. 4. s. 18.
jedge of the Civil Law. It was in this mansion, $1), by Paulus (Dig. 30. s. 127 ; Dig. 34. tit. 2.
the most superb in all Rome (P. Victor, De Urb. s. 32. § 1), by Ulpian (Dig. 8. tit. 5. s. 6. § 2;
Rom. Region. v. ), that his intimate friend, Q. Dig. 30. 8. 30. § 7, Dig. 43. tit. 24. s. 7. $ 4).
Scapula, suddenly expired while at supper with This unspecific mode of quotation shows that his
Gallus. (Plin. H. N. vii. 53. ) In a letter ad- original works were not in men's hands, and the
dressed to Servius Sulpicius, in B. C. 46 (ad Fum. same inference may be deduced from the silence of
iv. 6), Cicero speaks of a Gallus, a friend and re- the old grammarians, who never illustrate the
lative of Servius (vester Gallus), who lost a pro- usage of words by citations from Aquillius Gallus,
mising son, and bore bis loss with equanimity ; His authority, however, is invoked by Dionysius
but though Gallus Aquillius, the jurist, was the of Halicarnassus (lib. iii. p. 200, ed. Sylburg. ), for
friend and legal preceptor of Servius, it is doubtful the statement that, on one occasion, when the
from the context whether he is the person referred sewers were out of repair, the censors agreed to
to. In the Topica, a treatise which was published pay 100 talents for their cleansing.
in B. C. 44, Gallus is spoken of in the past tense, as Aquillius Gallus early acquired high reputation
no longer living. (Top. 12. ).
as a judex, and Cicero frequently appeared as an
We can only briefly review the professional advocate when his friend sat upon the bench. Al-
career of Gallus. Taught, himself, by the great ready, in B. c. 81, the youthful orator pleaded the
Mucius Scaevola, he could boast of being in tum cause of Quintius before Gallus (Gell. xv. 28),
the principal instructor of Servius Sulpicius, who and, a few years afterwards, Gallus was one of the
had previously learned the elements of law from judices on the trial of Caecina In the latter case
Lucilius Balbas, and combined the excellencies of (pro Caec. 27), Cicero lavishes very high enco-
both his masters ; for if Balbus were more esteemed miums on his knowledge, ability, and industry, as
for solid and profound acquirement, Gallus had the well as his just and merciful disposition. The
advantage in penetration, dexterity, and readiness. speech Pro Čluentio was also addressed to Gallus
(Cic. Brut. 42. ) “ Institutus fuit “ (Servius), says as a judex. Cicero himself resorted for legal advice
Pomponius, in the ill-written fragment De Origine to his friend, although, in a question relating to a
Juris (Dig. i. tit. 2. s. 2. Ø 43), “ a Balbo Lucilio, ! right of water, he says that he preferred consulting
instructus autem maxime a Gallo Aquillio, qui fuit M. Tugio, who had devoted exclusive attention to
Cercinae. Itaque libri ejus complures extant, Cer- that branch of the law (pro Balb. 20). Gallus, on
cinae confectae. ” Cujas, in his comment on this the other hand, when he was consulted on ques
passage, speaks of Cercina as an island on the coast tions which involved controverted facts rather than
of Sicily, but no such island is mentioned by the legal doubts, used to refer his clients for advice
ancient geographers, according to whom Cercina and assistance to Cicero, as the great orator and
was an island (now Gamalera) in the Mare Syrti- skilful advocate ( Topic. 12. ). It is probable that
cum, where Marius lay hid. (Mela, ii. 7 ; Plin. H. Gallus was deficient in oratorical power, for on no
N. v. 7. ) There is some improbability in the sup- occasion do we find him complimented by Cicero on
position that Servius, although he visited Athens any such gift. Among the important causes which
and Rhodes (Cic. ad Fam. iv. 12, Brut. 41), he heard was that of Otacilia, who had carried on
should have passed his time with his preceptor in an adulterous intrigue with C. Visellius Varro.
an island on the coast of Africa-a singular choice Varro, being seriously ill, and wishing to make her
of a vacation residence for a busy jurist and his a present, which, if he died, she might recover
pupils ! Hence some critics conjecture that Cae- from his heirs under colour of a debt, permitted her
cina, in Etruria (Mela, ii. 4), is meant, and others to charge against him in a settled account the sum
have thought of Sicyon or Corcyra. It is equally of 300,000 sesterces, but, as he did not die so soon
doubtful whether the author of the works said to as she expected, she brought an action against him-
have been written at Cercina were Servius or self to recover the amount with interest. This im-
Gallus. (Otto, in Serv. Sulpic. Thes. Jur. Civ. pudent demand was upset by the legal anthority
vol. v. p. 1585-6. ) If Servius is meant, there is a and learning of Aquillius Gallus, who was appointed
needless repetition, for Pomponius, referring to judex in the case. (Val. Mar. viii. 2. )
Servius, shortly afterwards says, “ Hujus volumina Such was Gallus in practice, as counsel and
complura extant. ” In the time of Pomponius, judex, skilful in his art, with armour always bright,
some works of Aquillius Gallus were extant, but and weapon always keen. But he possessed higher
copies of them were scarce, and their contents were qualifications, which were perhaps not sufficiently
not such as to conduce to their popularity. Ser- appreciated by his contemporaries. He had a
vius Sulpicius incorporated the works of Gallus, strong love of equity, and a strong dislike to chi-
and of other disciples of Mucius, in his own canery and fraud, and a clear perception of the
writings, completed what they had left imperfect, points in which justice was defeated by technicali-
and, while he acknowledged his obligations to ties. It would have been too daring an attempt
their productions, he at once secured them from to disturb the artificial system of Roman jurispru-
oblivion, and deprived them of the chance of inde- dence by a legislation which, though it remedied
pendent fame, by the superior attraction of his some of its defects, was not in harmony with its
own style. By Ulpian, Gallus is cited at second established rules. Accordingly, Gallus applied his
Land from Mela, in Dig. 19. tit. 1. s. 17. $ 6. It | ingenious and inventive mind to the contrivance of
## p. 225 (#241) ############################################
GALLUS.
225
GALLUS.
a
legal novelties, to which his authority was suffi- | $ 22) and Q. Mucius (ilrd. 8. 39. pr. ). Further
cient to give currency, because, while they cured more, we must not (as the compiler of the Floren-
evils, they disturbed no settled notions. To ex- tine Index to the Digest appears to have done)
plain all his improvements in the law would exceed confound Aquillius Gallus with the later jurist
our limits, but there are three which deserve spe- Aquila.
cial mention - his formulae, 1st, for the institution The inscription in Gruter (p. 652. No. 6), in
of heirs; 2d, for releasing legal claims; and, 3d, for which mention is made of L. Aquillius Gemellus,
procedure in case of fraud.
the freedman of the jurist, is probably spurious.
As to the first head, a testament might have ! (Bertrandus, De Jurisp. ii. 9; Guil. Grotius, De
been broken, if it nominated a stranger as heir, Vitis ICtor. i. 8. 95–8; Maiansius, ad XXX ICtor.
passing over a suus hercs, though such heres Frag. Comment, vol. ii. p. 57—126; Heineccius,
should be born after the testator's death. This De C. Aquillio Gallo, ICto celeberrimo in Opusc.
latter event was provided for by a formula invented vol. ii. pp. 777-9; Zimmern, R. R. G. vol. i.
by Aquillius Gallus. He also provided a form, $ 77. )
(J. T. G. )
which was adopted on his authority, for the insti- GALLUS, L. AQUI'LLIUS, was pruetor in
tution, as heres, of a postumus, who was not a B. c. 170, and obtained Sicily for his province.
suus heres. (Dig. 28. tit. 2. s. 29, Diz. 28. tit. 6. (Liv. xli. 18, 19. )
(L. S.
