<TEI xmlns="http://www.tei-c.org/ns/1.0" xmlns:py="http://codespeak.net/lxml/objectify/pytype" py:pytype="TREE"><text xml:lang="eng"><body><div type="translation" xml:lang="eng" n="urn:cts:latinLit:phi0474.phi007.perseus-eng2" subtype="translation"><div type="textpart" subtype="section" n="1" resp="perseus"><p><milestone unit="para"/><gap reason="lost"/> For I defend Marcus Fonteius, O judges, on this ground, and I assert that
    after the passing of the Valerian law, from the time that Marcus Fonteius was quaestor till the
    time when Titus Crispinus was quaestor, no one paid it otherwise. I say that he followed the
    example of all his predecessors, and that all those who came after him, followed his. What,
    then, do you accuse? </p></div><div type="textpart" subtype="section" n="2" resp="perseus"><p> what do you find fault with? For because
    in these accounts, which he says were begun by Hirtuleius, he misses the assistance of
    Hirtuleius, I cannot think that he either does wrong himself, or wishes you to do wrong. For I
    ask you, O Marcus Plaetorius, whether you will consider our case established, if Marcus
    Fonteius, in the matter respecting which he is now accused by you, has the man whom you praise
    above all others, namely Hirtuleius, for his example; and if Fonteius is found to have done
    exactly the same as Hirtuleius in the matters in which you commend Hirtuleius? You find fault
    with the description of payment. The public registers prove that Hirtuleius paid in the same
    manner. You praise him for having established these peculiar accounts. Fonteius established the
    same, with reference to the same kind of money. For, that you may not ignorantly imagine that
    these accounts refer to some different description of debt, know that they were established for
    one and the same reason, and with reference to one and the same sort of money. For when<gap reason="lost"/>
    <milestone n="2" unit="chapter"/></p></div><div type="textpart" subtype="section" n="3" resp="perseus"><p><milestone unit="para"/><gap reason="lost"/>No one—no one, I say, O judges—will be found, to say that he gave Marcus
    Fonteius one sesterce during his praetorship, or that he appropriated one out of that money
    which was paid to him on account of the treasury. In no account-books is there any hint of such
    a robbery among all the items contained in them there will not be found one trace of any loss or
    diminution of such monies. But all those men whom we ever see accused and found fault with by
    this sort of inquiry, are overwhelmed with witnesses; for it is difficult for him who has given
    money to a magistrate to avoid being either induced by dislike of him, or compelled by
    scrupulousness, to mention it; and in the next place, if the witnesses are deterred from
    appearing by any influence, at all events the account-books remain uncorrupted and honest.
    Suppose that every one was ever so friendly to Fonteius; that such a number of men to whom he
    was perfectly unknown, and with whom he was utterly unconnected, spared his life, and consulted
    his character; still, the facts of the case itself, the consideration of the documents, and the
    composition of the account-books, have this force, that from them, when they are once given in
    and received, everything that is forged, or stolen, or that has disappeared, is detected. All
    those men made entries of sums of money having been received for the use of the Roman people; if
    they immediately either paid or gave to others equally large sums, so that what was received for
    the Roman people was paid to some one or other, at all events nothing can have been embezzled.
    If any of them took any money home<gap reason="lost"/>
    <milestone n="3" unit="chapter"/></p></div><div type="textpart" subtype="section" n="4" resp="perseus"><p><milestone unit="para"/>Oh, the good faith of gods and men! no witness is found in a case involving a sum of three
    million two hundred thousand sesterces! Among how many men? Among more than six hundred. In what
    countries did this transaction take place? In this place, in this very place which you see. Was
    the money given irregularly? No money at all was touched without many memoranda. What, then, is
    the meaning of this accusation, which finds it easier to ascend the <placeName key="tgn,2066659">Alps</placeName> than a few steps of the treasury; which defends the treasury of the Ruteni
    with more anxiety than that of the Roman people; which prefers using unknown witnesses to known
    ones, foreign witnesses to citizens; which thinks that it is establishing a charge more plainly
    by the capricious evidence of barbarians than by documents written by our fellow citizens?
     </p></div><div type="textpart" subtype="section" n="5" resp="perseus"><p> Of two magistracies, each of which is occupied in handling
    and dealing with large sums of money, the triumvirate <note anchored="true">There were several
     sorts of <foreign xml:lang="lat">triumviri</foreign> who were concerned in the pecuniary affairs
     of the state: the <foreign xml:lang="lat">triumviri mensarii</foreign>, who were a sort of
     bankers, but who seem to have been permanently employed by the state, in whose hands we read,
     that not only the <foreign xml:lang="lat">aerarium</foreign>, but also private individuals
     deposited sums of money which they had to dispose of. (<foreign xml:lang="lat">Vide</foreign>
     Smith, Dict. Ant. p. 613, v. <foreign xml:lang="lat">Mensarii</foreign>;) the <foreign xml:lang="lat">triumviri monetales</foreign>, who had the whole superintendence of the mint,
     and of the money that was coined in it; and the <foreign xml:lang="lat">triumviri
      capitales</foreign> who, among their other duties, enforced the payment of fines due to the
     state, and the <foreign xml:lang="lat">triumviri sacris conquirendis donisque
      persequendis</foreign>, who seem to have had to take care that all property given or
     consecrated to the gods was applied to that purpose, and who must therefore have been
     responsible for its application. <foreign xml:lang="lat">Vide</foreign> Smith, Dict. Ant p.
     1009, v. <foreign xml:lang="lat">Triumviri</foreign>.</note> and the quaestorship, such accurate
    accounts have been rendered, that in those things which were done in the sight of men, which
    affected many men's interests, and which were set forth both in public and private registers, no
    hint of robbery, no suspicion of any offence can possibly arise. </p></div></div></body></text></TEI>