<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="34" resp="perseus"><p> 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 <placeName key="perseus,Rome">Rome</placeName>; 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. </p></div><div type="textpart" subtype="section" n="35" resp="perseus"><p> 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? <milestone n="16" unit="chapter"/></p></div><div type="textpart" subtype="section" n="36" resp="perseus"><p><milestone unit="para"/>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 <placeName key="tgn,1000070">Gaul</placeName> 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. 
   <milestone unit="para"/></p></div><div type="textpart" subtype="section" n="37" resp="perseus"><p> 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? <milestone n="17" unit="chapter"/></p></div></div></body></text></TEI>