<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="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 type="textpart" subtype="section" n="38" resp="perseus"><p><milestone unit="para"/>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. </p></div><div type="textpart" subtype="section" n="39" resp="perseus"><p> 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. </p></div><div type="textpart" subtype="section" n="40" resp="perseus"><p> 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. <milestone n="18" unit="chapter"/>
   <milestone unit="para"/>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. 
   <milestone unit="para"/>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. 
   <milestone unit="para"/></p></div></div></body></text></TEI>