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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. Fragments It is remarkable that, notwithstanding the great legal reputation of Capito, not a single pure extract from any of his works occurs in the Digest, though there are a few quotations from him at second hand. His works may have perished before the time of Justinian, though some of them must have existed in the fifth century, as they are cited by Macrobius. It may be that he treated but little of private law, and that his public law soon became superannuated. Capito is quoted in
e 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
ment 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, A
ime-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 injur
gustus 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