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

602 CAPITO.
cases, to have prevailed in practice. This proceeded
partly, perhaps, from the great authority acquired
by Masurius Sabinus, and from the numerous commentators who wrote libri ad Sabinum. Among
these, indeed, were some of the opposite party.
According to Blume's celebrated hypothesis, first
suggested by Jac. Godefroi, one of the great
divisions in most of the titles of the Digest consisted of extracts from the writings of annotations
on Sabinus. Some Sabinian influence may also
have been exerted upon Roman jurisprudence
through the labour of the Sabinian Salvius Julianus in recasting the praetor's edict. But there
never was any general determination in favour of
either school. In some points, Proculus and his
party were preferred. For example, Gaius (ii. 21)
mentions a rescript of Hadrian, and(ii. 195) another
of Antoninus Pius, against certain theoretical conclusions of the Sabinians (' nostri praeceptores')
and in favour of the " diversae scholae auctores."
The agreement of the majority of the jurists authorized by the emperor jura condere, rather than
the creed of this or that sect, became under the
empire the test of legal orthodoxy. (Plin. H. N.
xiv. 15; Rutilius, c. 48, in Franckii Vitae Tei'(partitae JCtoruam, contains several questionable statements, without giving his authorities. He enters
into conjectures as to the family of the jurist, and
treats of several Romans of the name of Capito.
Bertrand, ii. 51. 3; Guil. Grot. i. 12. 6; Ant.
Augustinus, de Nominibus Propriis Pandectarunm,
in Otto's Thesaurus, i. 226; Chr. Thomasii, Comparatio Antistii Labeonis et A/eii Capitonis, 4to.
Lips. 1683; Corn. Van Eck, de Vita, Moribus, et
S/udiis M. Antistii Labeonis et C. Ateii Capitonis,
ed. Oelrichs, Thes. Nov. Diss. i. 825-856;
And. M. Molleri, Selecta quaedaen, 4c., ib. vol. ii.
torn. ii. pp. 111-126; Maiansius, ad XXX
JCtos, ii. 167-186; Zimmern. R. R. G. i.
~ 82, 83.) [J. T. G. ]
CA'PITO, CLAU'DIUS, a Roman orator, a
contemporary of the younger Pliny. (Ep. vi. 13.)
CA'PITO, COSSUTIA'NUS, a Roman advocate in the reigns of Claudius and Nero, who appears to have used his profession as a mere means for
enriching himself. For this reason he and some of
his profession opposed a law by which advocates were
to be forbidden to accept any fees from their clients.
In A. D. 56 he obtained Cilicia as his province, and
there he acted with the same avarice and impudence as he had done before at Rome. In the year
following, the Cilicians accused him of extortion,
and he was condemned, in consequence of which
he lost his senatorial rank. But this he afterwards
received back, through the mediation of Tigellinus,
his father-in-law; and shortly after, A. D. 62, he
accused the praetor Antistius Sosianus of high
treason. In A. D. 66, Annaeus Mela, the brother
of the philosopher Seneca, and father of the poet
Annaeus Lucan, left a large legacy to Tigellinus and
Cossutianus Capito, the latter of whom came forward
in the same year as the accuser of Thrasea Paetus,
for Thrasea had formerly supported the cause of
the Cilicians against him, and had been instrumental in bringing about his condemnation. Capito was rewarded by Nero for this base act with
an immense sum of money. (Tac. Ann. xi. 6, &c.,
xiii. 33, xiv. 48, xvi. 17, 21, 22, 26, 28, 33; Juv.
Sat. viii. 93, &c.) [L. S.]
CA'PITO, FONTEIUS. 1. T. FONTEIUS CAPITO, was praetor in n. c. 178, and obtained the

CAPITO.
command in Hispania Ulterior, which was left to
him also for the year following, with the title of
proconsul. (Liv. xl. 59, xli. 2, 19.)
2. P. FONTEIUS CAPITO, was praetor in B. c.
169, and obtained Sardinia as his province. (Liv.
xliii. 13, 17.)
3. C. FONTEIUS CAPITO, a friend of M. Antony,
accompanied Maecenas, in B. c. 37, when he was
sent by Octavianus to Antony to restore friendship between Octavianus and Antony. Capito
remained with Antony, and was soon after sent
by him to Egypt, to fetch Cleopatra to Syria. He
is probably the same person as the C. Fonteius
Capito who was appointed consul suffectus, in B. c.
33, together with M'. Acilius. There is a coin of
his extant with the heads of Antony and Cleopatra, and on which Capito is called propraetor, and
bears the praenomen Caius. (Horat. Sat. i. 5.
32; Plut. Anton. 36; Eckhel, Doctr. Nuzn. v.
p. 219.)
4. C. FONTEIUS CAPITO, a son of C. Fonteius
Capito, the friend of M. Antony. [No. 3.] He
was consul in A. D. 12, together with Germanicus,
and afterwards had, as proconsul, the administration of the province of Asia. Many years later,
in A. D. 25, he was accused by Vibius Serenus,
apparently on account of his conduct in Asia; but,
as no sufficient evidence was adduced, he was acquitted. (Fasti Cap.; Suet. Cal. 8; Tac. Ann.iv. 36.)
5. C. FONTEIUS CAPITO, consul in A. D. 59 together with C. Vipsanius. (Tac. Ann. xiv. 1;
Plin. H. N. ii. 72, vii. 20; Solin. 6.)
6. L. FONTEIUS CAPITO, consul in A. D. 67 together with C. Julius Rufus, as we learn from the
Fasti Siculi and the Chronicon of Cassiodorus; but
whether he is the same as the Fonteius Capito
who was put to death in Germany in the reign of
Galba, A. D. 68, on the ground of having attempted
to excite an insurrection, is uncertain. (Tac. HI-ist.
i. 7, 37, 52, iii. 62, iv. 13; Suet. Galb. 11; Plut.
Galb. 15, where spovrrj'os should be changed into
4ovrrj'os.)
It is uncertain to which of the Capitos the two
following coins belong: the praenomen Publius
would lead us to refer them to No. 2. The former
contains on the obverse a head of Mars with a trophy
behind it and the inscription P. FONTaIVS P. F.
CAPITO III. VIR., and on the reverse a man riding
on horseback at full gallop, with two men below
fighting, and the inscription MAN. FONT. Ti. MI,.
The latter coin contains on the obverse the head of
Concordia with the inscription P. FONTEIVS CArITo III. Via. CONCORDIA, and on the reverse
a double portico with the inscription T. DIDI. IMP.
VIL. PVBL. [L. S.]