A Dictionary of Greek and Roman biography and mythology. By various writers. Ed. by William Smith. Illustrated by numerous engravings on wood.

22.4 GALLUS..'GALLUS.
fled by the judicial sovereignty which he exer- is remarkzable,'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 Alt. i. 1.) Of the details of his by Labeo (Dig. 33. s. 29. ~ 1), by Africanus
private life little is known. Pliny (H. N. vii. 1) (Dig. 28. tit. 6. s. 33. ~ 7), by Cervidius Scaevola
says, epigrammatically, that he was even more dis- (Dig. 28. tit. 2. s. 29), by Licinius. Rufinus (Dig.
tinguished for th'e 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,
ledge 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. s. 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 Fam. 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 (rester Gallus), who lost a pro- usage of words by citations from Aquillins Gallus.
mising son, and bore his 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, itis 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 toto. 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.. Alcareer 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 turn 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 Balbus, 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. Th&
advantage in penetration, dexterity, and readiness. speech Pro Cluentio was also addressed to Gallus
(Cic. Brut. 42.)' Institutus fuit" (Servius), says as a judex. Cicero himself resorted forlegal advice
Pomponius, in the ill-written fragment De Origine to his friend, although, in a question relating to a-,Jzris (Dig. i. tit. 2. s. 2. ~ 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.:
anl 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 imGallus. (Otto, in Serv. Sulpic. TIes. Jur. Civ. pudent demand was upset by the legal authority
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. Max. 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 chiand 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 technicaliand, 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
hand from Mela, in Dig. 19. tit. 1. s. 17. ~ 6. It ingenious and inventive mind to the contrivance ol