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Updated: May 4, 2025
He kept up his practice as an advocate during his years of office. We have left to us the part of one speech and the whole of another spoken during this period. The former was in favor of Fonteius, whom the Gauls prosecuted for plundering them as Proprætor, and the latter is a civil case on behalf of Cæcina, addressed to the "Recuperatores," as had been that for Marcus Tullius.
Bad governors of provinces, Verres, Fonteius, Gabinius, were impeached and punished. Lucullus, autocrat and voluptuary as he was, governed his province well. So did Cicero, if we may take his own word for it. We may, at all events, take his own word for this, that he was anxious to be thought to have ruled with purity and justice, which proves that purity and justice were not quite out of fashion.
A great number of the men, however, having fled for refuge into the neighbouring woods, effected their escape to the camp of Publius Scipio, which Titus Fonteius commanded.
A small division alone was conducted by Gaius Marcius, an excellent officer of the school of Gnaeus, in safety to the other bank of the Ebro; and thither the legate Titus Fonteius also succeeded in bringing safely the portion of the corps of Publius that had been left in the camp; most even of the Roman garrisons scattered in the south of Spain were enabled to flee thither.
Thus that city lost her liberties; which by her behaviour during the Mithridatic war, she had purchased; having in it sustained a siege; and as much by her own bravery, as by the aid of Lucullus, repulsed the king, But Fonteius Capito, who had as Proconsul governed Asia, was acquitted, upon proof that the crimes brought against him by Vibius Serenus were forged: and yet the forgery drew no penalty upon Serenus: nay, the public hate rendered him the more secure: for, every accuser, the more eager and incessant he was, the more sacred and inviolable he became: the sorry and impotent were surrendered to chastisement.
I lived with Axius, who took me also to visit Seven Waters. I returned to Rome on the 9th of July for the sake of Fonteius. I entered the theatre. At first I was greeted with loud and general applause but don't take any notice of that, I was a fool to mention it then I turned my attention to Antiphon. He had been manumitted before being brought on to the stage.
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