No More Learning

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


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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. )
. 33. & 7, Dig. 28. tit. 5. s. 74. )
GALLUS, ASI'NIUS. 1. L. Asinius, C. P.
As to the second head, he devised a summary Gallus, is mentioned in the Fasti as having cele-
mode of giving a general release of all obligationes. brated a triumph in B. C. 26.
An obligatio could only be dissolved altogether by 2. C. Asinius, C. F. GALLUS, a son of C. Asi.
some mode appropriate to the mode in which it nius Pollio, bore the agnomen of Salonirus. He
had been contracted ; but the nature of an obli- was consul in B. c. 8 with C. Marcius Censorinus.
gatio might be altered by its renewal in another He was not free from the servile fattery which at
form (novatio), after which the legal incidents of the time prevailed in the senate and among tho
the old obligatio were extingnished. In order, people, but he would now and then speak in the
therefore, to prevent the necessity of various modes senate with more freedom than was agreeable to
of release, where there might be obligationes of the sovereign. Augustus said of him, that he had
various kinds, Aquillius Gallus devised the plan of indeed the desire to be the first man in the senate,
first turning by a novatio every existing obligatio but that he had not the talent for it. Tiberius
into a single verborum obliyatio, which might be hated him, partly on account of his freedom in ex-
dissolved by acceptilatio, or a fictitious acknow- pressing his opinion, but more especially because
ledgment that the obligatio had been discharged. Asinius Gallus had married Vipsania, the former
A. undertakes by sponsio to pay to B. the value of wife of Tiberius. At last the emperor resolved
every obligatio of every kind by which A. is bound upon getting rid of him. In A. D. 30 invited
to B. The former obligationes being thus merged him to his table at Capreae, and at the same time
in the sponsio, all claims are released at once by a got the senate to sentence him to death. But
fictitious acknowledginent by B. that he has re- Tiberius saved his life, only for the purpose of in-
ceived from A. the stipulated payment. Such are ficting upon him severer cruelties than death alone.
the principles upon which is founded the celebrated He kept him imprisoned for three years, and on
Stiprintio Aquilliana, the form of which is given in the most scanty supply of food. After the lapse
Dig. 46. tit. 4. s. 18. § 1, and in Inst. 3. tit. 29. of three years, he died in his dungeon of starvation,
Ø 2.
but whether it was compulsory or voluntary is un-
As to the third and most important head, the known.
formulae in case of fraud - that improvement C. Asinius Gallus also distinguished himself in
which swept every species of wickedness out of its the history of Roman literature, in regard to which
last lurking-place (everriculum maliciarum om- he followed in the footsteps of his father. He
nium) – from what is said by Cicero, in De Nat. wrote a work in several books, entitled De Com-
Deor. iii. 30, and De Off. ii. 14, we have strong paratione patris ac Ciceronis, which was unfavour-
reason for concluding, that if the clause in the able to the latter, and against which the emperor
praetor's edict, which is preserved in Dig. 4. tit. 3. Claudius wrote his defence of Cicero. The writings
1, was introduced before the time when Gallus of Asinius Gallus, however, have perished ; and all
was praetor, the mode of proceeding in the judicium that has come down of his productions is a short
de dolo malo, and the legal remedies against fraud, epigram preserved in Suetonius. (Tac. Ann. i. 8,
at least received important improvements from his 12, 13, 76, &c. , ii. 32, 33, 35, iii. 11, 36, 75, iv.
hands. Hugo, however, thought that the formulae 1, 20, 30, 71, vi. 23, 25; Dion Cass. lv. 5, lvii.
de dolo malo were nothing more than new clauses 2, lviii. 3 ; Schol. Acron. ad Horat. Carm. ii. 1,
in contracts. (R. R. G. p. 861, ed. 1832. ) 16 ; Suet. Claud. 41; De Illust. Gram. 22 ; Vit.
The definition of dolus malus was a vexata Horat. in fin. ; Plin. Epist. vii. 4 ; Gell. xvii. 1 ;
quaestio. According to Gallus, there was dolus Quintil. xii. 1, 22. )
malus, “quum esset aliud simulatum, aliud actum. ” 3. Asinius GALLUS, a son of No. 2, was a man
He was noted for definitions in other cases. His proud of his family connection, being a step-brother
definition of litus as the place “qua fluctus al of Drusus, the son of Tiberius. In the reign of
lulit,” has been often cited as happy though meta-Claudius, he and Statilius, and a number of freed-
phorical. (Cic. Topic. 7 ; Quint. Inst. Or. iii. c. men and slaves, formed a conspiracy against Clau-
ult. )
dius.
The object of Asinius Gallus was merely to
The jurist Aquillius Gallus (who is not recorded satisfy his foolish vanity ; but the plot was dis-
ever to have been tribune of the plebs) was not covered, and Claudius was generous enough not to
the proposer of the Lex Aquillia, which is a plebis- inflict any severer punishment on the offender than
citum of earlier date (Inst, 4. tit. 3. Ø 15), having exile. (Suet. Caud. 13. ; Dion Cass. lx. 27. )
been mentioned by Brutus (Dig. 9. tit. 2. s. 27. 4. L. Asinius Gallus was consul in A. D. 62,
a
VOL. II.
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226
GALLUS.
GALLUS.
the year in which the poet Persius died. (Tac. officers, to investigate the case, and received from
Ann. xiv. 48 ; Vita Persii. )
L. S. ) hin a report favourable to the Jews, he took ne
GALLUS, CANI'NIUS. ! . L. CANINIUS effectual steps either to redress their injuries, or to
Gallus. His praenomen Lucius is not mentioned prepare for any outbreak into which their discon-
by Cicero, but is taken from Dion Cassius (Ind. tent might drive them. When at last be found it
lib. 68), who calls his son L. F. He was a con- necessary to act, he marched from Antioch, and,
temporary of Cicero and Caesar. In B. C. 59 he having taken Ptolemaïs and Lydda, advanced on
and Q. Fabius Maximus accused C. Antonius of Jerusalem. There he drove the Jews into the
repetundae, and Cicero defended the accused. Af- upper part of the city and the precincts of the
terwards, however, Caninius Gallus married the temple; and might, according to Josephus, have
daughter of C. Antonius. In B. c. 56 he was tri- finished the war at once, had he not been dissuaded
bune of the people, and in this capacity endea by some of his officers from pressing his advantage.
voured to further the objects of Pompey. With a Soon after he unaccountably drew off his forces,
view to prevent P. Lentulus Spinther, then pro- and was much harassed in his retreat by the Jews,
consul of Cilicia, from restoring Ptolemy Auletes who took from him a quantity of spoil. Nero was
to his kingdom, he brought forward a rogation that at the time in Achaia, and Gallus sent messengers
Pompey, without an army, and accompanied only to him to give an account of affairs, and to repre-
by two lictors, should be sent with the king to sent them as favourably as possible for himself
.
Alexandria, and endeavour to bring about a recon- The emperor, much exasperated, commissioned
ciliation between the king and his people. But Vespasian to conduct the war ; and the words of
the rogation, if it was ever actually brought for- Tacitus seem to imply that Gallus died before the
ward, was not carried. The year after his tribune arrival of his successor, his death being probably
ship, B. c. 55, Caninius Gallus was accused, pro hastened by vexntion. (Joseph. Vit. $ 13, Bell.
bably by M. Colonius, but he was defended by Jud. ü. 14. $ 3, 16. SS 1, 2, 18. & 9, 10, 19. SS 1
Cicero, at the request of Pompey. In B. c. 51 he 9, 20. § 1, iii. 1; Tac. Hist. v. 10 ; Suet. Vesp.
was staying in Greece, perhaps as praetor of the 4. )
(E. E. )
province of Achaia, for Cicero, who then went to GALLUS, CONSTANTIUS, or, with his full
Cilicia, saw him at Athens. During the civil war name, Flavius CLAUDIUS (Julius) CONSTAN-
between Caesar and Pompey, Caninius Gallus aptius Gallus, the son of Julius Constantius and
pears to have remained neutral. He died in B. C. Galla, grandson of Constantius Chlorus, nephew of
44. He had been connected in friendship with Constantine the Great, and elder brother, by a
Cicero and M. Terentius Varro, whence we may different mother, of Julian the Apostate. (See
infer that he was a man of talent and acquire- Genealogical Table, vol. I. p. 832. ) Having been
ments. (Cic. ad Q. Frat. ii. 2, 6, ad Fum. i. 2, 4, spared, in consequence of his infirm health, in the
7, ii. 8, vii. 1, ix. 2, 3, 6, ad Att. xv. 13, xvi. 14; general massacre of the more dangerous members
Val. Max. iv. 2. § 6; Dion Cass. xxxix. 16; of the imperial family, wbich followed the death of
Plut. Pomp. 49, where he is wrongly called Ca- his uncle, and in which his own father and an
nidius. )
elder brother were involved, he was, in A. D. 351,
2. L. CANINIUS, L. f. Gallus, a son of No. 1, named Caesar by Constantius II. , and left in the
was consul in B. C. 37 with M. Agrippa. He is east to repel the incursions of the Persians. The
mentioned in the coin annexed, which belongs to principal events of his subsequent career, and the
B. c. 18 as a triumvir monetalis. The obverse re manner of his death, which happened A. D. 354,
presents the head of Augustus, and the reverse a are detailed elsewhere. [CONSTANTIUS II. , p. 848. ]
Parthian kneeling, presenting a standard, with The appellation of Gallus was dropped upon his
L. CANINIVS Gallvs NIVIR. (Fasti ; Dion Cass. elevation to the rank of Caesar (Victor, de Caes.
Index, lib. 48, and xlviii. 49 ; Borghesi, in the 42), and hence numismatologists have experienced
Giornale Arcadico, vol. xxvi, p. 66, &c. )
considerable difficulty in separating the medals of
this prince from those of his cousin, Constantius
II. , struck during the lifetime of Constantine the
Great, since precisely the same designation, Con-
STANTIUS CAESAR, is found applied to both.
Several of the coins of Gallus, however, hare the
epithet IVN. (junior) appended by way of dis-
tinction, and others are known by FL. CL. , or
FL. IVL, being prefixed, since these names do not
appear to have been ever assumed by the elder
3. L. CANINIUS Gallus was consul suffectus Constantius. For more delicate methods of discri-
in B. C. 2, in the place of M. Plautius Silvanus. mination where the above tests fail, see Eckhel,
(Fasti. )
[L. S. ] vol. viii. p. 124.
[W. R. ]
GALLUS, C. CEÄSTIUS, with the agnomen GALLUS, C. CORNEʻLIUS (Eutropius, vii.
Camerinus, a Roman senator of the time of the 10, erroneously calls him Cneius), a contemporary
emperor Tiberius, was consul in A. D. 35, with M. of Augustus, who distinguished himself as a ge-
Servilius Nonianus. (Tac. Ann. iii. 36, vi. 7, 31; neral, and still more as a poet and an orator. He
Dion Cass. lviii. 25 ; Plin. H. N. x. 43. ) [L. S. ] was a native of Forum Juli (Frejus), in Gaul,
GALLUS, CE’STIUS, a son of the preceding, and of very humble origin, perhaps the son of some
the governor of Syria (legatus, A. D. 64, 65), under freedman either of Sulla or Cinna. Hieronymus, in
whom the Jews broke out into the rebellion which Eusebius, states that Gallus died at the age of forty
ended in the destruction of their city and temple (others read forty-three); and as we know from
by Titus. Maddened by the tyranny of Gessius Dion Cassius (liii. 23) that he died in B. c. 26, he
Florus, they applied to Gallus for protection ; must have been born either in B.