1794, with
critical
and explanatory remarks.
William Smith - 1844 - Dictionary of Greek and Roman Antiquities - a
Brutus in Cisalpine probably corrupt words, which admit of a very dif-
anutius bad full scope for indulging his ferent interpretation. (Lib. ix. S 999. ) Indeed,
to Antony, and constantly attacked him we know nothing whatever of his personal history,
nost furious manner (continua rabie lace but an ancient biography is said to exist in that
ell. Pat. ii. 64). Upon the establishment portion of Barth's Adversaria which has never yet
iumvirate in the following year, B. C. 43, been published. (Fabric. Bill. Lat. iii. c. 17. )
3 is said by Velleius Paterculus (l. c. ) to The great work of Capella is composed in a med-
en included in the proscription and put to ley of prose and various kinds of verse, after the fa-
but this is a mistake, for he was engaged shion of the Satyra Menippea of Varro and the Saty-
Perusinian war, B. C. 40. As Octavianus ricon of Petronius Arbiter; while, along with these,
rted the senatorial party, Canutius became it probably suggested the form into which Boëthius
is enemies, and accordingly joined Fulvia has thrown his Consolatio Philosophiae. It is a
Antonius in their attempt to crush him voluminous compilation, forming a sort of encyclo-
40; but falling into his hands on the cap- paedia of the polite learning of the middle ages,
Perusia, Canutius was put to death by his and is divided into nine books. The first two,
(Appian, B. C. iii. 41; Dion Cass. xlv. which may be regarded as a mystical introduction
Cic. ad Fam. xii. 3, 23, Philipp. iii
. 9; to the rest, consist of an elaborate and complicated
B. C. v. 49; Dion Cass. xlviii. 14. ) allegory, entitled the Nuptials of Philology and
C. Canutius, wbom Suetonius (de Clar. Mercury, while in the remaining seven are ex-
mentions, is in all probability the same as pounded the principles of the seven liberal arts,
Canutius. Whether the Canutius spoken which once were believed to embrace the whole
Dialogue “ De Oratoribus” (c. 21 ) is the circle of philosophy and science. Thus, the third
either P. or Ti. Canutius, or a ditferent book treats of Grammar; the fourth of Dialectics,
Itogether, is quite uncertain.
divided into Metaphysics and Logic; the fifth of
ANEUS (Kataveus), a son of Hipponous Rhetoric; the sixth of Geometry, consisting chiefly
ynome or Laodice, the daughter of Iphis. of an abstract of Geography, to which are appended
Fab. 70; Schol. ad Eurip. Phoen. 181; a few simple propositions on lines, surfaces, and som
Nem. ix. 30. ) He was married to Euadné lids; the seventh of Arithmetic, devoted in a great
rah, who is also called a daughter of Iphis, measure to the properties of numbers; the eighth of
whom he became the father of Sthenelus. Astronomy; and the last of Music, including Poetry.
w Pind. OL. vi. 46 ; Apollod. iii. 10. § 8. ) We find here an immense mass of learning, but
one of the seven heroes who marched from the materials are ill-selected, ill-arranged, and
gainst Thebes, where he had his station at ill-digested; though from amidst much tha: is dull
## p. 598 (#618) ############################################
598
CAPELLA.
CAPITO.
.
to us.
and frivolous, we can occasionally extract curious buriensis, Nicolaus Clemangius, and others. A
and valuable information, derived without doubt number of clever emendations will be found in the
from treatises which have long since perished. notes of Heinsius upon Orid; and Munker, in his
Thus, for example, in one remarkable passage (viii. commentary on Hyginus, has given several impor-
$ 857) we deteci a hint of the true constitution of tant readings from a Leyden MS. There is an
the solar system. It is here so distinctly main interesting analysis of the work by F. Jacobs in
tained that the planets Mercury and Venus revolve Ersch and Gruber's Encyclopädie. (W. R. )
round the sun, and not round the earth, and their CAPELLA, STATI'LIUS, a Roman eques,
position with regard to these bodies and to each who at one time kept Flavia Domitilla, afterwards
other is so correctly described, that the historians the wife of Vespasian. (Suet. Vcsp. 3. ) (L. S. )
of science have considered it not improbable that CAPER (Kámpos), of Elis, son of one Pytha-
Copernicus, who quotes Martianus, may have de-goras, who acquired great renown from obtaining
rived the first germ of his theory from this source. the victory in wrestling and the pancratium on the
The style is in the worst possible taste, and looks same day, in the Olympic games. (Ol. 142, B. C.
like a caricature of Apuleius and Tertullian. It is 212. ) He is said to have been the first after
overloaded with far-fetched metaphors, and has all Heracles, according to Pausanias, or the second,
the sustained grandiloquence, the pompous preten- according to Africanus, who conquered in these
sion, and the striving after false sublimity, so cha- two contests on the sime day. (Paus. v. 21. $ 5,
racteristic of the African school, while the diction vi. 15. $$ 3, 6; Euseb. 'Exi. or. p. 42, ed. Scali-
abounds in strange words, and is in the highest ger; Krause, Olympia, p. 306. )
degree harsh, obscure, and barbarous. Some al- CAPER, FLAVIUS, a Roman grammarian of
lowance must be made, however, for the circum- uncertain date, whose works "de Latinitate," &c. ,
stances under which the book has been transmitted are quoted repeatedly with the greatest respect by
It was highly esteemed during the middle Charisius, Rufinus, Servius, and others, but especi-
ages, and extensively employed as a manual for ally by Priscian. We possess two very short tracts
the purposes of education. Hence it was copied entitled “ Flavii Capri grammatici vetustissimi de
and re-copied by the monks, and being of course Orthographia libellus," and "Caper de Verbis me
in many places quite unintelligible to them, cor- diis. ” Barthius (Advers. xxi. 1, xxxv. 9) has con-
ruptions crept in, and the text soon became injectured, with much plausibility, that these are not
volved in inextricable confusion. The oldest MSS. the original works of Caper, but meagre abridge
are those in the Bodleian library, in the British ments by a later hand. Servius (ad Virg. Aen. X.
Museum, in the public library of the University of 344) cites “Caper in libris enucleati sermonis,"
Cambridge, and in the library of Corpus Christi and (ad Aen. x. 377) “ Caper in libris dubii gene-
College in the same university. A MS. exposi- ris. ” St. Jerome (Adv. Rufin. ii. ) speaks of his
tion of Capella, written by Jo. Scotus, who died in grammatical “commentarii" as a book in common
875, is mentioned by L'Abbé (Bibl. Nov. MSS. use; and Agroetus, who wrote a supplement to the
p. 45); another, the work of Alexander Neckam, “Libellus de Orthographia et Proprietate ac Diffe-
who belongs to the thirteenth century, is described rentia Sermonum,” refers to his annotations on
by Leland (Commentar, de Script. Brit. p. 214); Cicero as the most celebrated of his numerous pro-
and Perizonius possessed a commentary drawn up ductions. He is also frequently ranked among the
by Remigius Antissiodorensis about the year 888. scholiasts upon Terence, but apparently on no good
In modern times, Ugoletus had the merit of first grounds. (Schopfen, de Terentio, &c. , Bonn, 1821. )
bringing Capella to light; and the editio princeps Caper was first published among a collection of
was printed at Vicenza by Henricus de S. Urso, in Latin grammarians printed at Venice about 1476,
fol. 1499, under the care of Franciscus Bodianus, and reprinted in 1480, 1491, and often afterwards
who in a prefatory letter boasts of having corrected The best edition is that contained in the “Gram-
2000 errors. This was followed by the editions of mat. Latin. Auct. Antiqu. ” by Putschius (pp.
Mutina, 1500, fol. ; of Vienna, with the notes of 2239—2248), Hanov. 1605.
[W. R. ]
Dubravius, 1516, fol. ; of Basle, 1532, fol. ; of CA'PETUS SI'LVIUS. [Silvius. ]
Lyons, 1539, 8vo. ; of Basle, with the scholia, &c. , CAPHA. [THEODOSIA. ]
of Vulcanius, 1577, fol. in a vol. containing also CAPHO. [Cafo. )
the Origines of Isidorus. But all these were CAPITO, the father of Betilienus Bassus, or
thrown into the shade by that of Leyden, 8vo. Cassius Betillinus as Dion Cassius calls him, was
1599, with the remarks of Hugo Grotius, who compelled to be present at the execution of his son
wrote his commentary when a boy of fourteen, by order of Caligula, and was then put to death
with the assistance probably of Joseph Scaliger, by himself. (Dion Cass. lix. 25. ) [Bassus, p. 471, b. ]
whom he was advised to undertake the task. This CAPITO (Καπίτων). 1. Of Alexandria, is
edition was with justice considered the best, until called by Athenaeus (x. p. 425) an epic poet, and
.
tbe appearance of that by U. F. Kopp, 4to. Francf. the author of a work 'Epwtiká, which consisted of
1836, which is immeasurably superior, in a critical at least two books. In another passage (viii. p.
point of view, to all preceding ones, and contains 350) he mentions a work of his entitled Tipos Dó
also a copious collection of the best notes.
The
παππον απομνημονεύματα, from which he quotes a
last book was included by Meibomius in his “Auc statement. It is not improbable that the Capito
tores Vet. Musicae," Amst. 4to. 1652; the first of whom there is an epigram in the Greek Antho-
two were published separately by Walthard, Bern, logy (v. 67, ed. Tauchn. ) may be the same person
1763, 8vo. , and by J. A. Goetz at Nuremberg, 8vo.
as the epic poet.
1794, with critical and explanatory remarks. The 2. A native of Lycia, is called by Suidas (s. r.
poetical passages are inserted in the Collectio Pi. Karítwv) and Eudocia (p. 267) an historian, and
saurensis, vol. vi. p. 69.
the author of a work on Isauria ('loqupike), which
The popularity of Capella in the middle ages is consisted, according to Suidas, of eight books, and
attested by Gregorius Turonensis, Joannes Saris is frequently referred to by Stephanus of Byzan-
a
## p. 599 (#619) ############################################
CAPITO.
599
CAPITO.
tium. The latter writer (s. o. Vluada), quotes the to the new order of things. The complaisance of
fifteenth book of it; but the reading in that pas- Capito found favour with Augustus, who accele-
sage seems to be incorrect, and one MS. has é in- rated his promotion to the consulship, in order,
stead of REVTEKLIDEKátw. This Capito also made sys Tacitus (Ann. iii. 75), that he might obtain
a Greek translation of the sketch of Roman history precedence over Labeo. It may be that Capito
which Eutropius had drawn up from Liry. The was made consul before the proper age, that is, be-
translation, which is mentioned by Suidas (l. c. ) fore his 43rd year. He was consul suffectus with
and Lydus (De Magistr. Prooem. ), is lost, and his C. Vibius Postumus in A. D. 5. Several writers
work or works on Lycia and Pamphylia bave like erroneously confound the jurist with C. Fonteius Ca-
wise perished. (Comp. 'Tschucke's preface to his pito, who was consul with Germanicus in A. D. 12.
edition of Eutropius, p. lxvi. &c. ) (L. S. ] Pompon says (as we interpret his words), that
CA'PITO (Kanítwv), a physician, who probably Labeo refused the offer of Augustus to make him
lived in the first or second century after Christ, the colleague of Capito. “ Ex his Ateius consul
and who appears to have given particular attention fuit: Labeo noluit, quum offerretur ei ab Augusto
to diseases of the eyes. His prescriptions are consulatus, et honorem suscipere. ” (Dig. 1. tit. 2.
quoted by Galen (De Compos. Medicam. sec. Loc. s. 2. § 47. ) We cannot agree with the commenta-
iv. 7. vol. xii. p. 731) and Actius (ii. 3. 77, p. 332). tors who attempt to reconcile the statement of
He may perhaps be the same person as Artemidorus Pomponius with the inference that would naturally
Capito (ARTEMIDORUS), but this is quite un- be drawn from the antithesis of Tacitus : “ Jlli
certain.
(W. A. G. ) [Labeoni), quod praeturam intra stetit, commen-
CAPITO, C. ATEIUS, was tribune of the peo- datio ex injuria, huic (Capitoni] quod consulatum
ple in B. c. 55, and with his colleagie, Aquillius adeptus est, odium ex invidia oricbatur. ”
Gallus, opposed Pompey and Crassus, who were In A. d. 13, Capito was appointed to succeed
consuls that year. Capito in icular opposed a Messalla in the important office of “ curator aqua-
bill, which the tribune Trebonius brought forward, rum publicarum," and this office he held to the
concerning the distribution of the provinces, but in time of his death. (Frontinus, de Aquacd. 102, ed
vain. Capito and Gallus afterwards endeavoured Diederich. )
to stop the lery of the troops and to render the Capito continued in favour under Tiberius. In
campaigns, which the consuls wished to undertake, A. D. 15, after a formidable and mischievous inun-
impossible ; and when Crassus, nevertheless, con- dation of the Tiber, he and Arruntius were in-
tinued to make preparations for an expedition trusted with the task of keeping the river within
against the Parthians, Capito announced awful its banks. They submitted to the senate whether
prodigies which were disregarded by Crassus. it would not be expedient to divert the course of
Appius, the censor, afterwards punished Capito the tributary streams and lakes. Deputies from
with a nota censoria, as he was charged with hav- the coloniae and municipal towns, whose interests
ing fabricated the prodigies by which he had would have been affected by the change, were heard
attempted to deter Crassus from his undertaking. against the plan. Piso led the opposition, and the
Dion Cassius (xxxix. 34) says, that Capito, as tri- measure was rejected. (Tac. Ann. i. 76, 79. )
bune, also counteracted the measures adopted by The grammarian, Ateius Philologus, who was a
the consuls in favour of Caesar ; but some time freedman, was probably (if we may conjecture
afterwards Cicero (ad Famil. xiii. 29), who speaks from his name and from some other circumstances)
of him as his friend, says that he favoured the the freedman of Capito. [ATEius, p. 392, b. )
party of Caesar, though it may be inferred The few recorded incidents of Capito's life tend
from the whole tone of the letter of Cicero to justify the imputation of servility which has
just referred to, that Capito had made no public been attached to his name ; while Labeo, as if
declaration in favour of Caesar, as Cicero is at so for the sake of contrast, appears to have fallen into
much pains to induce Plancus to interfere with the opposite extreme of superfinous incivility. Ti-
Caesar on behalf of Capito. It is not improbable berius, in an edict relating to new years' giſts
that our Capito, whom Tacitus (Ann. iii. 45) calls (Dict. of Ant. s. v. Strena) had employed a word,
a praetorian, is the same as the one whom Appian which recurred to his memory at night, and struck
(B. C. v. 33, 50) mentions as a legate of Antony. him as of doubtful Latinity. In the morning he
(Comp. Dion Cass. xxxi. 42, xxxix. 33–39; summoned a meeting of the most celebrated verbal
Appian, B. C. ü. 18; Plut. Crass. 19; Cic. de critics and grammarians in Rome, among whom
Divinat. i. 16. )
(L. S. ]
Capito was included, to decide upon the credit of
CA'PITO, C. ATEʻIUS, an eminent Roman the word. It was condemned by M. Pomponius
jurist, was the son of the preceding. He be- Marcellus, a rigid purist, but Capito pronounced
came a disciple of the jurist Ofilius, who is said that “it was good Latin, or if not, that it would
by Pomponius to have been more learned than become so. ” Capito does not speak the truth,"
Trebatius. Labeo, too, his elder contemporary rejoined the inflexible Marcellus, " You have the
and subsequent rival, had studied under Ohlius, power, Caesar, to confer a citizenship on men but
but had received his elementary education from not on words. " (Suet. de IU. Gram. 22 ; Dion.
Trebatius, and had listened to all the other Cass. lvii. 17. ) We agree with Van Eck in holding
eminent jurists of the day. Labeo and Ca- that in Capito's conduct on this occasion there is
pito became the highest legal authorities at nothing that deserves blame. There was a faint
Rome, and were reckoned the ornaments of their condemnation lurking in his prophecy as to the
profession. Differing in opinion on many impor- future, and, peradventure he spoke the truth, for
tant points, they were the founders of two legal the authority of an emperor so fastidious in his
schools, analogous to the sects of philosophers. diction as Tiberius, might fairly be expected to
They were men of very opposite dispositions and confer on a word, if not full citizenship, at least a
political principles-Labeo, a sturdy and heredi- limited jus Latii.
tary republican ; Capito, a time-serving adherent In the story of the (unknown) word, we dis-
## p. 600 (#620) ############################################
600
CAPITO.
CAPITO.
cern the spirit of a courtier, without anything to 10) under the name De Jure Sacrificiorum. 3. A
call for serious blame, but Tacitus relates an inci- treatise, De Officio Senatorio. (Geil
. iv. 10. )
dent which exhibits Capito in the shameful cha- Frontinus (De Aquacduct. 97) cites Capito on
racter of a hypocrite playing the game of a hypo- the law of the public waters of Rome, and it is
crite--of a lawyer perverting his high authority, very likely that he wrote specially on a subject
and using the pretence of adherence to constitu- with which his official duties connected him.
tional freedom in order to encourage cruel tyranny. We have already seen Capito in the character of
L. Ennius, a Roman knight, was accused by some a verbal critic. The meaning and proper usage of
informer of treason, for having melted down a words constitute a branch of study of considerable
small silver statue of the emperor, and converted it importance to a jurist, who has to interpret wills
into common plate. Tiberius employed his right and other private dispositions of property, and to
of intercession to stop the accusation. Capito construe law's. There is a title de Significatione
complained of such an interference with the juris- Verborum in the Digest. The subject engaged the
diction of the senate, and deprecated the impunity attention of Labeo, and we are strongly disposed
of such an atrocious delinquent as L. Ennius. to believe that it was treated of by Capito. In
“Let the emperor," said he, “be as slow as he Pliny (H. N. xiv. 15), Capito is cited as agreeing
likes in avenging his merely private griefs, but let with the jurist Scaevola, and with Laelius (Aelius :)
his generosity have some limits- let it stop short in holding (as Plautus, Pseud. ii. 4. 51, seems to
of giving away the wrongs of the state. ” The have held), that the word myrrhina comprehended
men understood each other. The mock magnani- sweets (dulcia), as well as wines. In another
mity of the emperor was proof against the mock passage of Pliny (H. N. xviii. 28), we find Capito
remonstrance of the lawyer. (Tac. Ann. iii. 70. ) tracing the variations in meaning of the words
Shortly after this disgraceful scene Capito died, coquus and pistor. In Servius (ad Virg. Aen. v.
A. D. 22.
45), Varro and Ateius are cited as holding a pe-
It is remarkable that, notwithstanding the great culiar opinion on the distinction between Divus
legal reputation of Capito, not a single pure extract and Deus. We take Ateius here to be the jurist
from any of his works occurs in the Digest, though Capito, for Ateius is the name by which he is ge-
there are a few quotations from him at second hand. nerally denoted in the Digest ; but it is not im-
His works may have perished before the time possible that the freedman Ateius Philologus may
of Justinian, though some of them must have ex- be meant.
isted in the fifth century, as they are cited by Ayınarus Rivallius, one of the earliest writers
Macrobius. It may be that he treated but little on the history of Roman law (v. 2) says, that
of private law, and that his public law soon be Capito wrote commentaries on the 12'Tables, but
came superannuated.
no authority is produced for this assertion, wbich,
Capito is quoted in the Digest by his contempo- however, is followed by Val. Forster (in i. Zileti
rary Labeo : Dig.
anutius bad full scope for indulging his ferent interpretation. (Lib. ix. S 999. ) Indeed,
to Antony, and constantly attacked him we know nothing whatever of his personal history,
nost furious manner (continua rabie lace but an ancient biography is said to exist in that
ell. Pat. ii. 64). Upon the establishment portion of Barth's Adversaria which has never yet
iumvirate in the following year, B. C. 43, been published. (Fabric. Bill. Lat. iii. c. 17. )
3 is said by Velleius Paterculus (l. c. ) to The great work of Capella is composed in a med-
en included in the proscription and put to ley of prose and various kinds of verse, after the fa-
but this is a mistake, for he was engaged shion of the Satyra Menippea of Varro and the Saty-
Perusinian war, B. C. 40. As Octavianus ricon of Petronius Arbiter; while, along with these,
rted the senatorial party, Canutius became it probably suggested the form into which Boëthius
is enemies, and accordingly joined Fulvia has thrown his Consolatio Philosophiae. It is a
Antonius in their attempt to crush him voluminous compilation, forming a sort of encyclo-
40; but falling into his hands on the cap- paedia of the polite learning of the middle ages,
Perusia, Canutius was put to death by his and is divided into nine books. The first two,
(Appian, B. C. iii. 41; Dion Cass. xlv. which may be regarded as a mystical introduction
Cic. ad Fam. xii. 3, 23, Philipp. iii
. 9; to the rest, consist of an elaborate and complicated
B. C. v. 49; Dion Cass. xlviii. 14. ) allegory, entitled the Nuptials of Philology and
C. Canutius, wbom Suetonius (de Clar. Mercury, while in the remaining seven are ex-
mentions, is in all probability the same as pounded the principles of the seven liberal arts,
Canutius. Whether the Canutius spoken which once were believed to embrace the whole
Dialogue “ De Oratoribus” (c. 21 ) is the circle of philosophy and science. Thus, the third
either P. or Ti. Canutius, or a ditferent book treats of Grammar; the fourth of Dialectics,
Itogether, is quite uncertain.
divided into Metaphysics and Logic; the fifth of
ANEUS (Kataveus), a son of Hipponous Rhetoric; the sixth of Geometry, consisting chiefly
ynome or Laodice, the daughter of Iphis. of an abstract of Geography, to which are appended
Fab. 70; Schol. ad Eurip. Phoen. 181; a few simple propositions on lines, surfaces, and som
Nem. ix. 30. ) He was married to Euadné lids; the seventh of Arithmetic, devoted in a great
rah, who is also called a daughter of Iphis, measure to the properties of numbers; the eighth of
whom he became the father of Sthenelus. Astronomy; and the last of Music, including Poetry.
w Pind. OL. vi. 46 ; Apollod. iii. 10. § 8. ) We find here an immense mass of learning, but
one of the seven heroes who marched from the materials are ill-selected, ill-arranged, and
gainst Thebes, where he had his station at ill-digested; though from amidst much tha: is dull
## p. 598 (#618) ############################################
598
CAPELLA.
CAPITO.
.
to us.
and frivolous, we can occasionally extract curious buriensis, Nicolaus Clemangius, and others. A
and valuable information, derived without doubt number of clever emendations will be found in the
from treatises which have long since perished. notes of Heinsius upon Orid; and Munker, in his
Thus, for example, in one remarkable passage (viii. commentary on Hyginus, has given several impor-
$ 857) we deteci a hint of the true constitution of tant readings from a Leyden MS. There is an
the solar system. It is here so distinctly main interesting analysis of the work by F. Jacobs in
tained that the planets Mercury and Venus revolve Ersch and Gruber's Encyclopädie. (W. R. )
round the sun, and not round the earth, and their CAPELLA, STATI'LIUS, a Roman eques,
position with regard to these bodies and to each who at one time kept Flavia Domitilla, afterwards
other is so correctly described, that the historians the wife of Vespasian. (Suet. Vcsp. 3. ) (L. S. )
of science have considered it not improbable that CAPER (Kámpos), of Elis, son of one Pytha-
Copernicus, who quotes Martianus, may have de-goras, who acquired great renown from obtaining
rived the first germ of his theory from this source. the victory in wrestling and the pancratium on the
The style is in the worst possible taste, and looks same day, in the Olympic games. (Ol. 142, B. C.
like a caricature of Apuleius and Tertullian. It is 212. ) He is said to have been the first after
overloaded with far-fetched metaphors, and has all Heracles, according to Pausanias, or the second,
the sustained grandiloquence, the pompous preten- according to Africanus, who conquered in these
sion, and the striving after false sublimity, so cha- two contests on the sime day. (Paus. v. 21. $ 5,
racteristic of the African school, while the diction vi. 15. $$ 3, 6; Euseb. 'Exi. or. p. 42, ed. Scali-
abounds in strange words, and is in the highest ger; Krause, Olympia, p. 306. )
degree harsh, obscure, and barbarous. Some al- CAPER, FLAVIUS, a Roman grammarian of
lowance must be made, however, for the circum- uncertain date, whose works "de Latinitate," &c. ,
stances under which the book has been transmitted are quoted repeatedly with the greatest respect by
It was highly esteemed during the middle Charisius, Rufinus, Servius, and others, but especi-
ages, and extensively employed as a manual for ally by Priscian. We possess two very short tracts
the purposes of education. Hence it was copied entitled “ Flavii Capri grammatici vetustissimi de
and re-copied by the monks, and being of course Orthographia libellus," and "Caper de Verbis me
in many places quite unintelligible to them, cor- diis. ” Barthius (Advers. xxi. 1, xxxv. 9) has con-
ruptions crept in, and the text soon became injectured, with much plausibility, that these are not
volved in inextricable confusion. The oldest MSS. the original works of Caper, but meagre abridge
are those in the Bodleian library, in the British ments by a later hand. Servius (ad Virg. Aen. X.
Museum, in the public library of the University of 344) cites “Caper in libris enucleati sermonis,"
Cambridge, and in the library of Corpus Christi and (ad Aen. x. 377) “ Caper in libris dubii gene-
College in the same university. A MS. exposi- ris. ” St. Jerome (Adv. Rufin. ii. ) speaks of his
tion of Capella, written by Jo. Scotus, who died in grammatical “commentarii" as a book in common
875, is mentioned by L'Abbé (Bibl. Nov. MSS. use; and Agroetus, who wrote a supplement to the
p. 45); another, the work of Alexander Neckam, “Libellus de Orthographia et Proprietate ac Diffe-
who belongs to the thirteenth century, is described rentia Sermonum,” refers to his annotations on
by Leland (Commentar, de Script. Brit. p. 214); Cicero as the most celebrated of his numerous pro-
and Perizonius possessed a commentary drawn up ductions. He is also frequently ranked among the
by Remigius Antissiodorensis about the year 888. scholiasts upon Terence, but apparently on no good
In modern times, Ugoletus had the merit of first grounds. (Schopfen, de Terentio, &c. , Bonn, 1821. )
bringing Capella to light; and the editio princeps Caper was first published among a collection of
was printed at Vicenza by Henricus de S. Urso, in Latin grammarians printed at Venice about 1476,
fol. 1499, under the care of Franciscus Bodianus, and reprinted in 1480, 1491, and often afterwards
who in a prefatory letter boasts of having corrected The best edition is that contained in the “Gram-
2000 errors. This was followed by the editions of mat. Latin. Auct. Antiqu. ” by Putschius (pp.
Mutina, 1500, fol. ; of Vienna, with the notes of 2239—2248), Hanov. 1605.
[W. R. ]
Dubravius, 1516, fol. ; of Basle, 1532, fol. ; of CA'PETUS SI'LVIUS. [Silvius. ]
Lyons, 1539, 8vo. ; of Basle, with the scholia, &c. , CAPHA. [THEODOSIA. ]
of Vulcanius, 1577, fol. in a vol. containing also CAPHO. [Cafo. )
the Origines of Isidorus. But all these were CAPITO, the father of Betilienus Bassus, or
thrown into the shade by that of Leyden, 8vo. Cassius Betillinus as Dion Cassius calls him, was
1599, with the remarks of Hugo Grotius, who compelled to be present at the execution of his son
wrote his commentary when a boy of fourteen, by order of Caligula, and was then put to death
with the assistance probably of Joseph Scaliger, by himself. (Dion Cass. lix. 25. ) [Bassus, p. 471, b. ]
whom he was advised to undertake the task. This CAPITO (Καπίτων). 1. Of Alexandria, is
edition was with justice considered the best, until called by Athenaeus (x. p. 425) an epic poet, and
.
tbe appearance of that by U. F. Kopp, 4to. Francf. the author of a work 'Epwtiká, which consisted of
1836, which is immeasurably superior, in a critical at least two books. In another passage (viii. p.
point of view, to all preceding ones, and contains 350) he mentions a work of his entitled Tipos Dó
also a copious collection of the best notes.
The
παππον απομνημονεύματα, from which he quotes a
last book was included by Meibomius in his “Auc statement. It is not improbable that the Capito
tores Vet. Musicae," Amst. 4to. 1652; the first of whom there is an epigram in the Greek Antho-
two were published separately by Walthard, Bern, logy (v. 67, ed. Tauchn. ) may be the same person
1763, 8vo. , and by J. A. Goetz at Nuremberg, 8vo.
as the epic poet.
1794, with critical and explanatory remarks. The 2. A native of Lycia, is called by Suidas (s. r.
poetical passages are inserted in the Collectio Pi. Karítwv) and Eudocia (p. 267) an historian, and
saurensis, vol. vi. p. 69.
the author of a work on Isauria ('loqupike), which
The popularity of Capella in the middle ages is consisted, according to Suidas, of eight books, and
attested by Gregorius Turonensis, Joannes Saris is frequently referred to by Stephanus of Byzan-
a
## p. 599 (#619) ############################################
CAPITO.
599
CAPITO.
tium. The latter writer (s. o. Vluada), quotes the to the new order of things. The complaisance of
fifteenth book of it; but the reading in that pas- Capito found favour with Augustus, who accele-
sage seems to be incorrect, and one MS. has é in- rated his promotion to the consulship, in order,
stead of REVTEKLIDEKátw. This Capito also made sys Tacitus (Ann. iii. 75), that he might obtain
a Greek translation of the sketch of Roman history precedence over Labeo. It may be that Capito
which Eutropius had drawn up from Liry. The was made consul before the proper age, that is, be-
translation, which is mentioned by Suidas (l. c. ) fore his 43rd year. He was consul suffectus with
and Lydus (De Magistr. Prooem. ), is lost, and his C. Vibius Postumus in A. D. 5. Several writers
work or works on Lycia and Pamphylia bave like erroneously confound the jurist with C. Fonteius Ca-
wise perished. (Comp. 'Tschucke's preface to his pito, who was consul with Germanicus in A. D. 12.
edition of Eutropius, p. lxvi. &c. ) (L. S. ] Pompon says (as we interpret his words), that
CA'PITO (Kanítwv), a physician, who probably Labeo refused the offer of Augustus to make him
lived in the first or second century after Christ, the colleague of Capito. “ Ex his Ateius consul
and who appears to have given particular attention fuit: Labeo noluit, quum offerretur ei ab Augusto
to diseases of the eyes. His prescriptions are consulatus, et honorem suscipere. ” (Dig. 1. tit. 2.
quoted by Galen (De Compos. Medicam. sec. Loc. s. 2. § 47. ) We cannot agree with the commenta-
iv. 7. vol. xii. p. 731) and Actius (ii. 3. 77, p. 332). tors who attempt to reconcile the statement of
He may perhaps be the same person as Artemidorus Pomponius with the inference that would naturally
Capito (ARTEMIDORUS), but this is quite un- be drawn from the antithesis of Tacitus : “ Jlli
certain.
(W. A. G. ) [Labeoni), quod praeturam intra stetit, commen-
CAPITO, C. ATEIUS, was tribune of the peo- datio ex injuria, huic (Capitoni] quod consulatum
ple in B. c. 55, and with his colleagie, Aquillius adeptus est, odium ex invidia oricbatur. ”
Gallus, opposed Pompey and Crassus, who were In A. d. 13, Capito was appointed to succeed
consuls that year. Capito in icular opposed a Messalla in the important office of “ curator aqua-
bill, which the tribune Trebonius brought forward, rum publicarum," and this office he held to the
concerning the distribution of the provinces, but in time of his death. (Frontinus, de Aquacd. 102, ed
vain. Capito and Gallus afterwards endeavoured Diederich. )
to stop the lery of the troops and to render the Capito continued in favour under Tiberius. In
campaigns, which the consuls wished to undertake, A. D. 15, after a formidable and mischievous inun-
impossible ; and when Crassus, nevertheless, con- dation of the Tiber, he and Arruntius were in-
tinued to make preparations for an expedition trusted with the task of keeping the river within
against the Parthians, Capito announced awful its banks. They submitted to the senate whether
prodigies which were disregarded by Crassus. it would not be expedient to divert the course of
Appius, the censor, afterwards punished Capito the tributary streams and lakes. Deputies from
with a nota censoria, as he was charged with hav- the coloniae and municipal towns, whose interests
ing fabricated the prodigies by which he had would have been affected by the change, were heard
attempted to deter Crassus from his undertaking. against the plan. Piso led the opposition, and the
Dion Cassius (xxxix. 34) says, that Capito, as tri- measure was rejected. (Tac. Ann. i. 76, 79. )
bune, also counteracted the measures adopted by The grammarian, Ateius Philologus, who was a
the consuls in favour of Caesar ; but some time freedman, was probably (if we may conjecture
afterwards Cicero (ad Famil. xiii. 29), who speaks from his name and from some other circumstances)
of him as his friend, says that he favoured the the freedman of Capito. [ATEius, p. 392, b. )
party of Caesar, though it may be inferred The few recorded incidents of Capito's life tend
from the whole tone of the letter of Cicero to justify the imputation of servility which has
just referred to, that Capito had made no public been attached to his name ; while Labeo, as if
declaration in favour of Caesar, as Cicero is at so for the sake of contrast, appears to have fallen into
much pains to induce Plancus to interfere with the opposite extreme of superfinous incivility. Ti-
Caesar on behalf of Capito. It is not improbable berius, in an edict relating to new years' giſts
that our Capito, whom Tacitus (Ann. iii. 45) calls (Dict. of Ant. s. v. Strena) had employed a word,
a praetorian, is the same as the one whom Appian which recurred to his memory at night, and struck
(B. C. v. 33, 50) mentions as a legate of Antony. him as of doubtful Latinity. In the morning he
(Comp. Dion Cass. xxxi. 42, xxxix. 33–39; summoned a meeting of the most celebrated verbal
Appian, B. C. ü. 18; Plut. Crass. 19; Cic. de critics and grammarians in Rome, among whom
Divinat. i. 16. )
(L. S. ]
Capito was included, to decide upon the credit of
CA'PITO, C. ATEʻIUS, an eminent Roman the word. It was condemned by M. Pomponius
jurist, was the son of the preceding. He be- Marcellus, a rigid purist, but Capito pronounced
came a disciple of the jurist Ofilius, who is said that “it was good Latin, or if not, that it would
by Pomponius to have been more learned than become so. ” Capito does not speak the truth,"
Trebatius. Labeo, too, his elder contemporary rejoined the inflexible Marcellus, " You have the
and subsequent rival, had studied under Ohlius, power, Caesar, to confer a citizenship on men but
but had received his elementary education from not on words. " (Suet. de IU. Gram. 22 ; Dion.
Trebatius, and had listened to all the other Cass. lvii. 17. ) We agree with Van Eck in holding
eminent jurists of the day. Labeo and Ca- that in Capito's conduct on this occasion there is
pito became the highest legal authorities at nothing that deserves blame. There was a faint
Rome, and were reckoned the ornaments of their condemnation lurking in his prophecy as to the
profession. Differing in opinion on many impor- future, and, peradventure he spoke the truth, for
tant points, they were the founders of two legal the authority of an emperor so fastidious in his
schools, analogous to the sects of philosophers. diction as Tiberius, might fairly be expected to
They were men of very opposite dispositions and confer on a word, if not full citizenship, at least a
political principles-Labeo, a sturdy and heredi- limited jus Latii.
tary republican ; Capito, a time-serving adherent In the story of the (unknown) word, we dis-
## p. 600 (#620) ############################################
600
CAPITO.
CAPITO.
cern the spirit of a courtier, without anything to 10) under the name De Jure Sacrificiorum. 3. A
call for serious blame, but Tacitus relates an inci- treatise, De Officio Senatorio. (Geil
. iv. 10. )
dent which exhibits Capito in the shameful cha- Frontinus (De Aquacduct. 97) cites Capito on
racter of a hypocrite playing the game of a hypo- the law of the public waters of Rome, and it is
crite--of a lawyer perverting his high authority, very likely that he wrote specially on a subject
and using the pretence of adherence to constitu- with which his official duties connected him.
tional freedom in order to encourage cruel tyranny. We have already seen Capito in the character of
L. Ennius, a Roman knight, was accused by some a verbal critic. The meaning and proper usage of
informer of treason, for having melted down a words constitute a branch of study of considerable
small silver statue of the emperor, and converted it importance to a jurist, who has to interpret wills
into common plate. Tiberius employed his right and other private dispositions of property, and to
of intercession to stop the accusation. Capito construe law's. There is a title de Significatione
complained of such an interference with the juris- Verborum in the Digest. The subject engaged the
diction of the senate, and deprecated the impunity attention of Labeo, and we are strongly disposed
of such an atrocious delinquent as L. Ennius. to believe that it was treated of by Capito. In
“Let the emperor," said he, “be as slow as he Pliny (H. N. xiv. 15), Capito is cited as agreeing
likes in avenging his merely private griefs, but let with the jurist Scaevola, and with Laelius (Aelius :)
his generosity have some limits- let it stop short in holding (as Plautus, Pseud. ii. 4. 51, seems to
of giving away the wrongs of the state. ” The have held), that the word myrrhina comprehended
men understood each other. The mock magnani- sweets (dulcia), as well as wines. In another
mity of the emperor was proof against the mock passage of Pliny (H. N. xviii. 28), we find Capito
remonstrance of the lawyer. (Tac. Ann. iii. 70. ) tracing the variations in meaning of the words
Shortly after this disgraceful scene Capito died, coquus and pistor. In Servius (ad Virg. Aen. v.
A. D. 22.
45), Varro and Ateius are cited as holding a pe-
It is remarkable that, notwithstanding the great culiar opinion on the distinction between Divus
legal reputation of Capito, not a single pure extract and Deus. We take Ateius here to be the jurist
from any of his works occurs in the Digest, though Capito, for Ateius is the name by which he is ge-
there are a few quotations from him at second hand. nerally denoted in the Digest ; but it is not im-
His works may have perished before the time possible that the freedman Ateius Philologus may
of Justinian, though some of them must have ex- be meant.
isted in the fifth century, as they are cited by Ayınarus Rivallius, one of the earliest writers
Macrobius. It may be that he treated but little on the history of Roman law (v. 2) says, that
of private law, and that his public law soon be Capito wrote commentaries on the 12'Tables, but
came superannuated.
no authority is produced for this assertion, wbich,
Capito is quoted in the Digest by his contempo- however, is followed by Val. Forster (in i. Zileti
rary Labeo : Dig.
