an early Roman jurist.
He probably lived not later than the time of Caligula, as in Dig. 28
, tit. 5, s. 69, he is cited by Proculus, who adopts his opinion in the case in question in preference to that of Trebatius.
The case was this--Let A or B, whichever wishes, be my heir. They both wish. Cartilius says, Both take : Trebatius, Neither. In Dig. 13
, tit. 6, s. 5.13, he is cited by Ulpian.
It was Ant. Augustinus who (Emend.
3, 9) first brought these passages into notice, and rescued the name of Cartilius from oblivion.
In the former passage the Haloandrine editions of the Digest have Carfilius, and, in the latter, an early corrector of the Florentine manuscript, not being familiar with the name Cartilius, enclosed it in brackets as a mark of condemnation.
Confusion with Catilius, praepositus Syriae
The jurist Cartilius is evidently different from the Catilius, not Cartilius Severus, who was praepositus Syriae, praefectus urbi, and great-grand-fatther of the emperor M. Antoninus. (Plin. Ep. 1.22
; Spart. Hadr.
5, 15, 22; Capitol. Anton. Pius
2; M. Ant.
1; D. C. 9.21
The name of this Catilius appears in the Fasti, A. D. 121, as consul for the second time, three years after the death of Trajan. His first consulate does not appear in the Fasti, and therefore it may be inferred that he was consul suffectus.
If the rescript of Trajan, cited Dig. 29
, tit. 1, s. 24, were addressed, according to the Haloandrine reading, to Catilius Severus, it is probably referable to the time of the proconsulate succeeding his first consulship. (Bertrandus, 2, 22, 1. Maiansius, ii. p. 273-287.)