A Dictionary of Greek and Roman biography and mythology

an eminent Roman jurist, was the son of the preceding. He became a disciple of the jurist Ofilius, who is said by Pomponius to have been more learned than Trebatius. Labeo, too, his elder contemporary and subsequent rival, had studied under Ofilius, but had received his elementary education from Trebatius, and had listened to all the other eminent jurists of the day. Labeo and Capito became the highest legal authorities at Rome, and were reckoned the ornaments of their profession. Differing in opinion on many important points, they were the founders of two legal schools, analogous to the sects of philosophers. They were men of very opposite dispositions and political principles--Labeo, a sturdy and hereditary republican; Capito, a time-serving adherent to the new order of things. The complaisance of Capito found favour with Augustus, who accelerated his promotion to the consulship, in order, says Tacitus (Tac. Ann. 3.75),that he might obtain precedence over Labeo. It may be that Capito was made consul before the proper age, that is, before his 43rd year. He was consul suffectus with C. Vibius Postumus in A. D. 5. Several writers erroneously confound the jurist with C. Fonteius Capito, who was consul with Germanicus in A. D. 12.

Pomponius says (as we interpret his words), that Labeo refused the offer of Augustus to make him the colleague of Capito.

Ex his Ateius consul fuit : Labeo noluit, quum offerretur ei ab Augusto consulatus, et honorem suscipere.

(Dig. 1. tit. 2. s. 2.47.) We cannot agree with the commentators who attempt to reconcile the statement of Pomponius with the inference that would naturally be drawn from the antithesis of Tacitus :

Illi [Labeoni]. quod praeturam intra stetit, commendatio ex injuria, huic [Capitoni] quod consulatum adeptus est, odium ex invidia oriebatur.

In A. D. 13, Capito was appointed to succeed Messalla in the important office of "curator aquarum publicarum," and this office he held to the time of his death. (Frontinus, de Aquaed. 102, ed Diederich.)

Capito continued in favour under Tiberius. In A. D. 15, after a formidable and mischievous inundation of the Tiber, he and Arruntius were intrusted with the task of keeping the river within its banks. They submitted to the senate whether it would not be expedient to divert the course of the tributary streams and lakes. Deputies from the coloniae and municipal towns, whose interests would have been affected by the change, were heard against the plan. Piso led the opposition, and the measure was rejected. (Tac. Ann. 1.76, 79.)

The grammarian, Ateius Philologus, who was a freedman, was probably (if we may conjecture from his name and from some other circumstances) the freedman of Capito. [ATEIUS, p. 392b.]

The few recorded incidents of Capito's life tend to justify the imputation of servility which has been attached to his name; while Labeo, as if for the sake of contrast, appears to have fallen into the opposite extreme of superfluous incivility. Tiberius, in an edict relating to new years' gifts (Dict. of Ant. s. v. Strena) had employed a word, which recurred to his memory at night, and struck him as of doubtful Latinity. In the morning he summoned a meeting of the most celebrated verbal critics and grammarians in Rome, among whom Capito was included, to decide upon the credit of the word. It was condemned by M. Pomponius Marcellus, a rigid purist, but Capito pronounced that " it was good Latin, or if not, that it would become so." " Capito does not speak the truth," rejoined the inflexible Marcellus, " You have the power, Caesar, to confer a citizenship on men but not on words." (Suet. de Ill. Gram. 22; Dion. Cass. 57.17.) We agree with Van Eck in holding that in Capito's conduct on this occasion there is nothing that deserves blame. There was a faint condemnation lurking in his prophecy as to the future, and, peradventure he spoke the truth, for the authority of an emperor so fastidious in his diction as Tiberius, might fairly be expected to confer on a word, if not full citizenship, at least a limited jus Latii.

In the story of the (unknown) word, we discern

the spirit of a courtier, without anything to call for serious blame, but Tacitus relates an incident which exhibits Capito in the shameful character of a hypocrite playing the game of a hypocrite--of a lawyer perverting his high authority, and using the pretence of adherence to constitutional freedom in order to encourage cruel tyranny. L. Ennius, a Roman knight, was accused by some informer of treason, for having melted down a small silver statue of the emperor, and converted it into common plate. Tiberius employed his right of intercession to stop the accusation. Capito complained of such an interference with the jurisdiction of the senate, and deprecated the impunity of such an atrocious delinquent as L. Ennius. " Let the emperor," said he, " be as slow as he likes in avenging his merely private griefs, but let his generosity have some limits--let it stop short of giving away the wrongs of the state." The men understood each other. The mock magnanimity of the emperor was proof against the mock remonstrance of the lawyer. (Tac. Ann. 3.70.)

Shortly after this disgraceful scene Capito died, A. D. 22.

[J.T.G]