Pro Fonteio

Will your minds, pure and upright as they are, bring themselves into such a state that, when all our ambassadors who for the last three years have arrived in Gaul, when all the Roman knights who have been in that province, when all the traders of that province, when, in short, all the allies and friends of the Roman people who are in Gaul, wish Marcus Fonteius to be safe, and extol him on their oaths both in public and in private, you should still prefer to give your decision in unison with the Gauls? Appealing to comply with what? With the wishes of men? Is then the wish of our enemies to have more authority in your eyes than that of our countrymen? With the dignity of the witnesses? Can you then possibly prefer strangers to people whom you know, unjust men to just ones, foreigners to countrymen, covetous men to moderate ones, mercenary men to disinterested ones, impious men to conscientious ones, men who are the greatest enemies to our dominions and to our name, to good and loyal allies and citizens?

Are you then hesitating, O judges, when all these nations have an innate hatred to and wage incessant war with the name of the Roman people? Do you think that, with their military cloaks and their breeches, they come to us in a lowly and submissive spirit, as these do, who having suffered injuries fly to us as suppliants and inferiors to beg the aid of the judges? Nothing is further from the truth. On the contrary, they are strolling in high spirits and with their heads up, all over the forum, uttering threatening expressions, and terrifying men with barbarous and ferocious language; which, in truth, I should not believe, O judges, if I had not repeatedly heard such things from the mouths of the accusers themselves in your presence,—when they warned you to take care, lest, by acquitting this man, you should excite some new Gallic war.

If, O judges, everything was wanting to Marcus Fonteius in this cause; if he appeared before the court, having passed a disgraceful youth and an infamous life, having been convicted by the evidence of virtuous men of having discharged his duties as a magistrate (in which his conduct has been under your own eye) and as a lieutenant, in a most scandalous manner, and being hated by all his acquaintances; if in his trial he were overwhelmed with the oral and documentary evidence of the Narbonnese colonists of the Roman people, of our most faithful allies the Massilians, and of all the citizens of Rome; still it would be your duty to take the greatest care, lest you should appear to be afraid of those men, and to be influenced by their threats and menaced terrors, who were so prostrate and subdued in the times of your fathers and forefathers, as to be contemptible.

But now, when no good man says a word against him, but all your citizens and allies extol him; when those men attack him who have repeatedly attacked this city and this empire; and when the enemies of Marcus Fonteius threaten you and the Roman people; when his friends and relations come to you as suppliants, will you hesitate to show not only to your own citizens, who are mainly influenced by glory and praise; but also to foreign tribes and nations, that you, in giving your votes, prefer sparing a citizen to yielding to an enemy?

Among other reasons, this, O judges, is a very great reason for his acquittal, to prevent any notable stain and disgrace from falling on our dominion, by news going to Gaul that the senate and knights of the Roman people gave their decisions in a criminal trial just as the Gauls pleased; being influenced not by their evidence, but by their threats. But in that case, if they attempt to make war upon us, we must summon up Caius Marius from the shades below, in order that he may be equal in war to that great man, that threatening and arrogant Induciomarus. Cnaeus Domitius and Quintus Maximus must be raised from the dead, that they may again subdue and crush the nation of the Allobroges and the other tribes by their arms; or, since that indeed is impossible, we must beg my friend Marcus Plaetorius to deter his new clients from making war, and to oppose by his entreaties their angry feelings and formidable violence; or, if he be not able to do so, we will ask Marcus Fabius, his junior counsel, to pacify the Allobroges, since among their tribe the name of Fabius is held in the highest honour, and induce them either to be willing to remain quiet, as defeated and conquered nations usually are, or else to make them understand that they are holding out to the Roman people not a terror of war, but a hope of triumph.

And if, even in the case of an ignoble defendant, it would not be endurable that those men should think they had effected anything by their threats, what do you think you ought to do in the case of Marcus Fonteius? concerning whom, O judges, (for I think that I am entitled to say this now, when I have almost come to the termination of two trials,) concerning whom, I say, you have not only not heard any disgraceful charge invented by his enemies, but you have not even heard any really serious reproach. Was ever any defendant, especially when he had moved in such a sphere as this man, as a candidate for honours, as an officer in command, and as a governor, accused in such a way, that no disgraceful act, no deed of violence, no baseness originating either in lust or insolence or audacity, was attributed to him, if not with truth, at least with some suspicious circumstances giving a reasonable colouring to the invention?

We know that Marcus Aemilius Scaurus, the most eminent man of our city, was accused by Marcus Brutus. The orations are extant by which it can be seen that many things are alleged against Scaurus himself, no doubt falsely; but still they were alleged against him and urged against him by an enemy. How many things were said against Manius Aquilius on his trial? How many against Lucius Cotta? and, lastly, against Publius Rutilius? who, although he was condemned, still appears to me to deserve to be reckoned among the most virtuous and innocent men. Yet that most upright and temperate man had many things attributed to him on his trial, which involved suspicion of adultery, and great licentiousness.

There is an oration extant of a man, by far (in my opinion, that is,) the ablest and most eloquent of all our countrymen, Caius Gracchus; in which oration Lucius Piso is accused of many base and wicked actions. What a man to be so accused! A man who was of such virtue and integrity, that even in those most admirable: times, when it was not possible to find a thoroughly worthless man, still he alone was called Thrifty. And when Gracchus was ordering him to be summoned before the assembly, and his lictor asked him which Piso, because there were many of the name, “You are compelling me,” says he, “to call my enemy, Thrifty.” That very man then, whom even his enemy could not point out with sufficient clearness without first praising him; whose one surname pointed not only who he was, but what sort of man he was; that very man was, nevertheless, exposed to a false and unjust accusation of disgraceful conduct.

Marcus Fonteius has been accused in two trials, in such a way, that nothing has been alleged against him from which the slightest taint of lust, or caprice, or cruelty, or audacity can be inferred. They not only have not mentioned any atrocious deed of his, but they have not even found fault with any expression used by him. But if they had either had as much courage to tell a lie, or as much ingenuity to invent one, as they feel eagerness to oppress Fonteius, or as they have displayed licence in abusing him; then he would have had no better fortune, as far as relates to not having disgraceful acts alleged against him, than those men whom I have just mentioned. You see then another Thrifty,—a thrifty man, I say, O judges, and a man moderate and temperate in every particular of his life; a man full of modesty, full of a sense of duty, full of religion, depending on your good faith and power, and placed in your power in such a way as to be committed wholly to the protection of your good faith.