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Updated: May 16, 2025
I remember, on my first coming to the bar, a shrewd remark of the accuser of Cossutianus Capito. He pleaded in Greek before the Emperor, but the meaning of his words was: "Might it not be said that this man disdains even to respect Cæsar."
His rival, Capito, was equally learned in all departments of the law, and left behind him as many treatises as Labeo. These two jurists were the founders of celebrated schools, like the ancient philosophers, and each had distinguished followers. Masurius Sabinus Gaius and Pomponius, were of the school of Capito.
They reached Bern on the third evening, where alsoŒcolampadius and the theologians of Strassburg, Bucer and Capito, had already arrived. Religion had put science in motion. From the union of both, politics were to receive their direction. The events in Bern were to determine the fate of Switzerland. Statesmen as well as scholars acknowledged this.
There were two other Rosciuses, distant relatives, probably, both named Titus; Titus Roscius Magnus, who sojourned in Rome, and who seems to have exercised the trade of informer and assassin during the proscriptions, and Titus Roscius Capito, who, when at home, lived at Ameria, but of whom Cicero tells us that he had become an apt pupil of the other during this affair.
They were patient when Marcus Favonius, Cato's Sancho, after the senate had adopted the resolution to charge the legions of Caesar on the state-chest, sprang to the door of the senate-house and proclaimed to the streets the danger of the country; when the same person in his scurrilous fashion called the white bandage, which Pompeius wore round his weak leg, a displaced diadem; when the consular Lentulus Marcellinus, on being applauded, called out to the assembly to make diligent use of this privilege of expressing their opinion now while they were still allowed to do so; when the tribune of the people Gaius Ateius Capito consigned Crassus on his departure for Syria, with all the formalities of the theology of the day, publicly to the evil spirits.
But Catilina could not venture to place his abler partisans, such as the young senator Gaius Cethegus and the equites Lucius Statilius and Publius Gabinius Capito, at the head of the movement; for even among the conspirators the traditional hierarchy of rank held its ground, and the very anarchists thought that they should be unable to carry the day unless a consular or at least a praetorian were at their head.
Best greetings: You plead the cause of Capito with some rhetorical skill; but I see that, eloquent advocate as you are otherwise, you are not sufficiently well equipped to undertake his defence. Were I to advance my battle-line of conjectures and proofs, you would realize that you had to devise a different speech.
On another occasion, when he had found fault with some expression in a speech made by Tiberius, Atteius Capito affirmed, "that if it was not Latin, at least it would be so in time to come;" "Capito is wrong," cried Marcellus; "it is certainly in your power, Caesar, to confer the freedom of the city on whom you please, but you cannot make words for us."
But the next day came a letter to Caesar from Herennius Capito, to inform him that Agrippa had borrowed three hundred thousand drachmae, and not pad it at the time appointed; but when it was demanded of him, he ran away like a fugitive, out of the places under his government, and put it out of his power to get the money of him.
Ten townsmen were chosen to go to Sulla, and to beg that he would personally look into the matter. Here, again, we are very much in the dark, because this very Capito, to whom these farms were allotted as his share, was not only chosen to be one of the ten, but actually became their spokesman and their manager.
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