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CTS Library / For M. Fonteius

For M. Fonteius (18-21)

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Refs {'start': {'reference': '18', 'human_reference': 'Section 18'}, 'end': {'reference': '21', 'human_reference': 'Section 21'}}
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What if we can shift this charge on other most unimpeachable names? not so as to transfer any blame to others, but to show that these men were appointed to superintend that road-making, who are easily able to show that their duty was performed, and performed well. Will you still urge all these charges against Marcus Fonteius, relying on angry witnesses? When Marcus Fonteius was hindered by more important affairs of the republic, and when it concerned the republic that the Domitian road should be made, he entrusted the business to his lieutenants, men of the highest characters, Caius Annius, Bellienus, and Caius Fonteius. So they superintended it; they ordered what seemed necessary, as became their dignity, and they sanctioned what seemed well done. And you have at all events had opportunities of knowing these things, both from our documents, from documents which you yourselves have written, and from others which have been sent to you, and produced before you; and if you have not already read them, now hear us read what Fonteius wrote about those matters to his lieutenants, and what they wrote to him in answer. [The letters sent to Caius Annius the Lieutenant, and to Caius Fonteius the Lieutenant; also, the letters received from Caius Annius the Lieutenant, and from Caius Fonteius the Lieutenant, are read.]

I think it is plain enough, O judges, that this question about the road-making does not concern Marcus Fonteius, and that the business was managed by these men, with whom no one can find fault.
9
Listen now to the facts relating to the charge about wine, which they meant to be the most odious, and the most important charge. The charge, O judges, has been thus stated by Plaetorius: that it had not occurred to Fonteius for the first time when he was in Gaul to establish a transit duty on wine, but that he had thought of the plan in Italy, before he departed from Rome. Accordingly, that Titurius had exacted at Tolosa fourteen denarii for every amphora [*] of wine, under the name of transit duty; that Portius and Numius at Crodunum had exacted three victoriati; that Serveus at Vulchalo had exacted two victoriati; and in those districts they believe that transit duty was exacted by these men at Vulchalo, in case of any one turning aside to Cobiamachus, which is a small town between Tolosa and Narbo, and not wishing to proceed so far as Tolosa. Elesiodulus exacted only six denarii from those who were taking wine to the enemy. [*]

I see, O judges, that this is a charge, important both from the sort of crime imputed, (for a tax is said to have been imposed on our produce, and I confess that a very large sum of money might have been amassed by that means,) and from its unpopular nature; for our adversaries have endeavoured to make this charge as widely known as possible, by making it the subject of their conversation. But I think that the more serious a charge is, which is proved to be false, the greater is the wickedness of that man who invented it; for he wishes by the magnitude of the accusation to prejudice the minds of those who hear it, so that the truth may afterwards find a difficult entrance into them.

[Everything relating to the charge about the wine, to the war with the Vocontii, and the arrangement of winter quarters, is wanting.]
10

But the Gauls deny this. But the circumstances of the case and the force of arguments prove it. Can then a judge refuse belief to witnesses? He not only can, but he ought, if they are covetous men, or angry men, or conspirators, or men utterly void of religion and conscience. In fact, if Marcus Fonteius is to be considered guilty just because the Gauls say so, what need have I of a wise judge? what need have I of an impartial judge? what need is there of an intelligent advocate? For the Gauls say so. We cannot deny it. If you think this is the duty of an able and experienced and impartial judge, that he must without the slightest hesitation believe a thing because the witnesses say it; then the Goddess of Safety herself cannot protect the innocence of brave men. But if, in coming to a decision on such matters, the wisdom of the judge has a wide field for its exercise in considering every circumstance, and in weighing each according to its importance, then in truth your part in considering the case is a more important and serious one than mine is in stating it.

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