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C Aquilius Gallus

tit, cicero and integrity

GALLUS, C. AQUILIUS, was a Roman aqua and a friend of Cicero. Ile was praetor B.C. 66. Gallus was a pupil of Q. Mucins Scarvola, the Pontifox, and obtained a great reputation as a jurist. He was both a skilful advocate and a learned expounder of the law. The distinguished jurist Servius Sulpicius was a pupil of Gallus, and either edited his works or incorporated them in his own writings. Gallus was praetor in the same year that Cicero was, and presided on the trials on ambitus ' (bribery at elections); and accordingly Cicero calls him his colleague (` Topica; 7), and in another passage he has preserved the legal definition of Littus which Gallus on some occasion gave. (` Topica,' 12.) Gallus was the author of an edictal rule or formula as to dolus males (fraud) in matters of buying and selling, which he promulgated as praetor. (Cie., 'De Officiis,' iii. 14; 'Dig.' 9, tit. 2.) The Lex Aquilia, which gave the actio damni injuria (Wig.' 9, tit. 2 ; Gaius, iii. 210), was not proposed by this Aquilius, but by a tribune Aquilins. The high opinion which Cicero entertained of his friend Gallus is expressed in his oration Pro A. Cscina (c. 27), where he pronounces upon him a eulogium which few lawyers have merited : " The authority of such a man can never havo too much weight, whose judgment the Roman people have seen tried in providing security against fraud, not in showing how fraud may be practised ; a man who never separated the principles of law (jus civile) from those of equity, who for so many years dedicated his genius, his industry, and his integrity to the Roman people, which integrity was ever ready and ever at command; who is so great and good a man that he seems to have been formed a lawyer by nature, and not by education; so skilful and so learned that not knowledge only but goodness too appears to be the product of the law ; whose genius is so powerful, whose integrity so manifest, that whatever you draw from that source you will find to be pure and clear." Cicero's oration Pro P. Quintio

was made before Gallus as judex. Gallus is cited several times in the 'Digest' (50, tit. 16, a. 77; 46, tit. 4, s. 18, ke.), but there is no excerpt from his writings. Gallus devised or expounded some clauses of the formula of Accepitalio. ('Dig.' 46, tit. 4, s. 18.)