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

GALLUS. G-AL-LUS. 225
legal novelties, to which his authority was suffi- ~ 22) and Q. Mucius (ibid. s. 39, pr.). Further
cient to give currency, because, while they cured more, we must not (as the compiler of. the F1lorenevils, 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, Do
been broken, if it nominated a stranger as heir, VitislCtor. i. 8. ~ 5-8; Maiansius,ad XXXICtor,,passing over a suns heres, 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 praetor in
tution, as heres, of a postumus, who was not a B. C. 170, and obtained Sicily for his province.
suns heres. (Dig. 28. tit. 2. s. 29, Dig. 28. tit. 6. (Liv. xli. 18, 19.) [L. S.]
s. 33. ~ 7, Dig. 28. tit. 5. s. 74.) GALLUS, ASI'NIUS. 1. L. ASINIUS, C. F.
As to the second head, he devised a summary GALLUS, is mentioned in the Fasti as having celemode 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. Asisome mode appropriate to the mode in which it nius Pollio, bore the agnomen of Saloninus. 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 flattery which at
form (novatio), after which the legal incidents of the time prevailed in the senate and among the.
the old obligatio were extinguished. 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 he 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 acknowledgment by B. that he has re- Tiberius saved his life, only for the purpose of in,
ceived from A. the stipulated payment. Such are flicting upon him severer cruelties than death alone.
the principles upon which is founded the celebrated He kept him imprisoned for three years, and on
-Stipulatio 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,
~ 2. but whether it was compulsory or voluntary is unAs 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 (everricelum maliciarum ore- 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 ComDeor. iii. 30, and De 0f. iii. 14, we have strong paratione patris-ac Ciceronis, which was unfavourreason 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 thejudicium, that has come down of his productions is a short
ie dolo malo, and the legal remedies against fraud, epigram preserved in Suetonius. (Tac. Ann. i 8,
it least received important improvements from his 12, 13, 76, &c., ii. 32, 33, 35, iii. 11, 36, 75, iv.
hands. Hugo,however, thought thattheforinulae 1, 20, 30, 71, vi. 23, 25; Dion Cass. Iv. 5, lvii.
ie 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
luaestio. According to Gallus, there was dolus Quintil. xii. 1, 22.)
nalus, "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
lefinition of litus as the place "'qua fluctus al of Drusus, the son of Tiberius. In the reign of
udit," has been often cited as happy though meta- Claudius, he and Statilius, and a number of freed)horical. (Cic. Topic. 7; Quint. Inst. - Or. iii. c. men and slaves, formed a conspiracy against Clautlt.) dius. The object of.Asinius Gallus was merely to
The jurist Aquillius Gallu~ (who is not recorded satisfy his foolish vanity; but the plot was dis-;ver to have been tribune of the plebs) was not covered, and Claudius was generous enough not to
he proposer of the Lex Aquillia, which is a plebis- inflict any severer punishment on the offender than
itum'of earlier date (Inst. 4. tit. 3. ~ 15), having exile. (Suet. Claud. 13.; Dion Cass. lx. 27.)
ieen mentioned by Brutus (Dig. 9. tit. 2, s. 27. 4. L. AsINIUs GALLUS was consul in A. D. 62,
VOL. II, Q