Titus Livius (Livy), Ab urbe condita, Benjamin Oliver Foster, Ph.D. (Editor), Frank Gardener Moore (Editor), Alfred C. Schlesinger, Ph.D. (Editor), 45.37

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[1]

tum Servilius: ¹ "quantus imperator ² L. Aemilius fuerit, Quirites, si ex alia re nulla aestimari posset, ³ vel hoc satis erat quod, cum tam seditiosos et leves milites, tam nobilem, tam temerarium, tam eloquentem ad instigandam multitudinem inimicum in castris haberet, nullam in exercitu seditionem habuit.

[2] eadem severitas imperii, quam nunc oderunt, tum ⁴ eos continuit. itaque antiqua disciplina habiti neque dixerunt seditiose quicquam neque ⁵ fecerunt.

[3] " Servius quidem Galba, si in L. Paulo accusando tirocinium ponere et documentum eloquentiae dare voluit, non triumphum impedire debuit, quem, si nihil aliud,

[4] senatus iustum esse iudicaverat, sed postero die quam triumphatum esset, ⁶ privatum eum cum ⁷ visurus esset, nomen deferret et legibus interrogaret; aut serius paulo, cum primum magistratum ⁸ ipse cepisset, diem diceret inimico et eum ad ⁹ populum accusaret.

[5] ita et pretium recte facti triumphum haberet L. Paulus pro egregie bello gesto et poenam, si quid et vetere gloria sua et nova indignum fecisset.

[6] " sed videlicet, cui nullum ¹⁰ crimen, nullum probrum ¹¹ dicere poterat, eius obtrectare laudes voluit. diem integrum hesterno die ad ¹² accusandum L. Paulum petit; quattuor horas, quantum supererat diei, dicendo absumpsit.

[7] quis umquam tam nocens reus fuit, cuius vitia vitae tot horis expromi non possent? quid interim obiecit, quod L. Paulus, si causam dicat, negatum velit?

[8] duas mihi aliquis contiones parumper faciat, unam militum Macedonicorum, puram alteram et ¹³ integrioris iudicii a favore et odio, universi populi Romani. ¹⁴ apud contionem togatam et urbanam prius reus agatur.

[9] quid apud Quirites Romanos, Ser. Galba , diceres? illa enim tibi tota abscisa oratio esset ' in statione severius et intentius stetisti; ¹⁵ vigiliae acerbius et diligentius circumitae sunt; operis plus quam antea fecisti, cum ipse imperator ut ¹⁶ exactor circumiret; eodem die et iter fecisti et in aciem ex itinere existi;

[10] ne ¹⁷ victorem quidem te adquiescere passus est; statim ad persequendos hostes duxit. cum te praeda partienda locupletem facere posset, pecuniam regiam translaturus in triumpho est et in aerarium laturus.'

[11] haec sicut ad militum animos stimulandos aliquem aculeum habent, qui parum licentiae, parum avaritiae suae inservitum censent, ita apud populum Romanum nihil valuissent,

[12] qui, ut ¹⁸ vetera atque audita a parentibus suis non repetat, quae ambitione imperatorum clades acceptae sint, quae severitate imperii victoriae partae, proximo certe Punico bello, quid inter M. Minucium magistrum equitum et Q. Fabium Maximum dictatorem interfuerit, meminit.

[13] itaque apparuisset neque ¹⁹ accusatorem hiscere potuisse et supervacaneam defensionem ²⁰ Pauli fuisse.

[14] " transeatur ad alteram contionem; nec Quirites vos, sed milites videor appellaturus, si nomen hoc saltem ruborem incutere et verecundiam aliquam imperatoris violandi adferre possit.

Ab urbe condita. Titus Livius (Livy). Benjamin Oliver Foster, Ph.D. (Editor), Frank Gardener Moore (Editor), Alfred C. Schlesinger, Ph.D. (Editor). Medford, MA. .

Sponsored by Perseus Project, Tufts University.

Funding provided by The National Endowment for the Humanities.

Current edition Perseus

Ab urbe condita (Latin) (Livy in Fourteen Volumes. Foster, Benjamin Oliver; Moore, Frank Gardener; Schlesinger, Alfred C., editors. Cambridge, MA: Harvard University Press; London: William Heinemann, Ltd., 1919-1959 (printing).)

Editions (2)

Ab urbe condita Perseus (Pars I-IV, Libri I-XL. Editio Stereotypica. Weissenborn, Wilhelm; Mueller, Moritz, editors. Leipzig: Teubner, 1884-1911.) — 45.37 focus

[1] tum Servilius: “quantus imperator L. Aemilius fuerit, Quirites, si ex alia re nulla aestimari posset, vel hoc satis erat, quod, cum tam seditiosos et leves milites, tam nobilem, tam temerarium, tam eloquentem ad instigandam multitudinem inimicum in castris haberet, nullam in exercitu seditionem habuit.

[2] eadem severitas imperii, quam nunc oderunt, tum eos continuit. itaque antiqua disciplina habiti neque dixerunt seditiose quicquam neque fecerunt.

[3] Servius quidem Galba, si in L. Paulo accusando tirocinium ponere et documentum eloquentiae dare voluit, non triumphum inpedire debuit, quem, si nihil aliud, senatus iustum esse iudicaverat, sed postero die quam triumphatum esset, privatum eum cum visurus esset, nomen deferret et legibus interrogaret;

[4] aut serius paulo, cum primum magistratum ipse cepisset, diem diceret inimico et eum ad populum accusaret.

[5] ita et pretium recte facti triumphum haberet L. Paulus pro egregio bello gesto et poenam, si quid et vetere gloria sua et nova indignum fecisset.

[6] sed videlicet, cui nullum crimen, nullum probrum dicere poterat, eius obtrectare laudes voluit. diem integrum hesterno die ad accusandum L. Paulum petit: quattuor horas, quantum supererat diei, dicendo absumpsit.

[7] quis umquam tam nocens reus fuit, cuius vitia vitae tot horis expromi non possent? quid interim obiecit, quod L. Paulus, si causam dicat, negatum velit?

[8] duas mihi aliquis contiones parumper faciat, unam militum Macedonicorum, puram alteram et integrioris iudicii a favore et odio, universi populi Romani; apud contionem togatam et urbanam prius reus agatur.

[9] quid apud Quirites Romanos, Ser. Galba, diceres? illa enim tibi tota abscisa oratio esset “in statione severius et intentius stetisti; vigiliae acerbius et diligentius circumitae sunt; operis plus quam antea fecisti, cum ipse imperator ut exactor circumiret; eodem die et iter fecisti et in aciem ex itinere existi;

[10] ne victorem quidem te adquiescere passus est; statim ad persequendos hostes duxit. cum te praeda partienda locupletem facere posset, pecuniam regiam translaturus in triumpho est et in aerarium laturus.”

[11] haec sicut ad militum animos stimulandos aliquem aculeum habent, qui parum licentiae, parum avaritiae suae inservitum censent, ita apud populum Romanum nihil valuissent, qui,

[12] ut vetera atque audita a parentibus suis non repetat, quae ambitione imperatorum clades acceptae sint, quae severitate imperii victoriae partae, proxumo certe Punico bello, quid inter M. Minucium magistrum equitum et Q. Fabium Maximum dictatorem interfuerit, meminit.

[13] itaque apparuisset neque accusatorem hiscere potuisse et supervacaneam defensionem Pauli fuisse.

[14] transeatur ad alteram contionem; nec Quirites vos, sed milites videor appellaturus, si nomen hoc saltem ruborem incutere et verecundiam aliquam imperatoris violandi adferre possit.”

Ab urbe condita libri, erklärt von M. Weissenborn Perseus (Weissenborn, W.; Müller, H. J., editors. Berlin: Weidmannsche Buchhandlung, 1873-1883.) — 45.37 focus

[1]

tum Servilius: ‘quantus imperator L. Aemilius fuerit, Quirites, si ex alia re nulla aestimari possit, vel hoc satis erat, quod, cum tam seditiosos et leves milites, tam nobilem, tam temerarium, tam eloquentem ad instigandam multitudinem inimicum in castris haberet, nullam in exercitu seditionem habuit.

[2] eadem severitas ¹imperii, quam nunc oderunt, tum eos continuit. itaque antiqua disciplina habiti neque dixerunt seditiose quicquam neque fecerunt.

[3] Servius quidem Galba, si in L. Paulo accusando tirocinium ponere et documentum eloquentiae dare voluit, non triumphum inpedire debuit,

[4] quem, si nihil aliud, senatus iustum esse iudicaverat, sed postero die quam triumphatum esset, privatum cum visurus esset, nomen deferret et legibus interrogaret; aut serius ²paulo, cum primum magistratus ipse cepisset, diem diceret inimico et eum ad populum accusaret.

[5] ita et pretium recte facti triumphum haberet L. Paulus pro egregie bello gesto et poenam, si quid et vetere gloria sua et nova indignum fecisset.

[6] sed videlicet, cui crimen nullum, nullum probrum dicere poterat, eius obtrectare laudes voluit. diem integrum hesterno die ad accusandum L. Paulum petiit: quattuor horas, quantum supererat diei, ³ dicendo absumpsit.

[7] quis umquam tam nocens reus fuit, cuius vitia vitae tot horis expromi non possent? quid interim obiecit, quod L. Paulus, si causam dicat, negatum velit?

[8] duas mihi aliquis contiones parumper faciat, unam militum Macedonicorum, puram alteram, integrioris iudicii et a favore et odio universi populi Romani. apud contionem togatam et urbanam prius reus agatur.

[9] quid apud Quirites Romanos, Ser. Galba, diceres? illa enim tibi tota abscisa oratio esset ‘in statione severius et intentius institisti; vigiliae acerbius et diligentius circumitae sunt; operis plus ⁴quam antea fecisti, cum ipse imperator ut exactor circumiret;

[10] eodem die et iter fecisti et in aciem ex itinere isti, ne victorem quidem te adquiescere passus est; statim ad persequendos hostes duxit. cum te praeda partienda locupletem facere posset, pecuniam regiam translaturus in triumpho est et in aerarium laturus.’

[11] haec sicut ad militum animos stimulandos aliquem aculeum habent, qui parum licentiae, parum avaritiae suae inservitum censent, ita apud populum Romanum nihil valuissent,

[12] qui, ut vetera atque audita a parentibus suis non repetat, quae ambitione imperatorum clades acceptae sint, quae severitate imperii victoriae partae, proxumo certe Punico bello, quid inter M. Minucium magistrum equitum et Q. Fabium Maximum dictatorem interfuerit, meminit.

[13] itaque accusatorem hiscere potuisse et supervacaneam defensionem Pauli fuisse.

[14] transeatur ad alteram contionem; nec Quirites vos, sed milites videor appellaturus, si nomen hoc ⁵ saltem ruborem incutere et verecundiam aliquam imperatoris violandi adferre possit.

Translations (3)

History of Rome Perseus (Foster, Benjamin Oliver; Moore, Frank Gardener; Sage, Evan T.; Schlesinger, Alfred C., translators. Cambridge, Mass.; London: Harvard University Press; William Heinemann, Ltd., 1919-1959. (Loeb Classical Library)) — 45.37 focus

[1]

Then Servilius said: "If it were impossible, ¹ fellow-citizens, to determine from anything else how great a general Lucius Aemilius has shown himself to be this one criterion would have sufficed -that although he had in camp such mutinous and unreliable soldiers, as well as a personal enemy of such high rank, so rash, and so eloquent a rabble-rouser, yet Paulus had no breach of discipline in his army.

[2] The same strictness of command which now they hate at that time restrained them. Consequently, being kept under old-fashioned discipline, they neither said nor did anything mutinous.

[3] "As for Servius Galba, if he wished by accusing Lucius Paulus to put his apprenticeship behind him and offer proof of his skill as an orator, ² he should not have interfered with the triumph, which the senate had adjudged to be proper, to say nothing of other considerations.

[4] Rather on the day after the triumph was celebrated, when he would see Paulus a private citizen, he should bring accusation and question him according to law, ³ or a little later, when Galba entered upon his first public office, he should summon his enemy to trial and accuse him before the people.

[5] Thus there would accrue to Lucius Paulus not only the triumph which is the due reward for his success in gloriously conducting the war, but also punishment, if he had done anything unworthy of his laurels, both new and old.

"But, if you please, Galba wished to tarnish the ⁴ praises of the man to whom he could ascribe no crime, no guilt.

[6] Yesterday he asked for a full day in which to accuse Lucius Paulus; actually he squandered in speaking four hours, all that was left of the day.

[7] What defendant was ever so guilty that the faults in his life could not be expounded in all those hours? What did Galba say in this time which Lucius Paulus would want to deny, if he were on trial? Let someone, pray, call two meetings for a moment, one of the army of Macedonia, the other unprejudiced and of judgment less impaired by partisanship or hate, a meeting of the whole Roman people.

[8] "Let the defendant be brought first before the meeting in mufti —the civilians. What would you say before the citizen-body of Rome, Servius Galba?

[9] For all your speech of yesterday would be cut short: 'You were posted on guard too strictly and watchfully; the sentries were inspected too severely and too frequently; you got more work done than formerly, because the general himself was going the rounds to see that it was done; on the same day you made a march and went from the march out to battle; ⁵ even when you had won the battle he did not let you rest —he led you at once in pursuit of the enemy.

[10] Although he might have made you rich by dividing the spoil, he is planning to carry the royal treasure in his triumph and deposit it in the treasury.'

[11] These statements, though they have a certain sting to provoke the temper of the soldiers, who think that Paulus has catered too little to their lack of discipline and their greed, would just as surely have had no power to move the Roman people; for even though ⁶ the people should not recall the old stories which they heard from their fathers of disasters suffered

[12] because generals courted popularity, and of victories won by strictness of command, yet the people surely remember the late Punic War, and what a difference there was between Marcus Minucius the master of horse, and Quintus Fabius Maximus the dictator. And so it would have been clear that the accuser could not open his mouth, and that a defence of Paulus was superfluous.

[13] "Let us pass over to the other meeting;

[14] and I think I will not address you as 'Citizens,' but as 'Soldiers,' in case this title may at least bring a blush to your cheeks, and instill some scruple against maltreating your general.

History of Rome Perseus (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's Classical Library)) — 45.37 focus

[1]

Servilius then said: "Romans, if we had no other means of judging what a consummate commander Lucius Aemilius was, this one would be sufficient: that, notwithstanding he had in his camp soldiers so fickle and mutinously inclined, with an enemy so noble, so zealous, and so eloquent, to stir up the passions of the multitude, yet he never had any sedition in his army. That strictness of discipline, which they now hate, kept them then in order.

[2] Subjected to the ancient rules, they did not mutiny. If truly, Servius Galba wished to make his debut as an orator in the case of Lucius Paullus, and to give a specimen of his eloquence, still he ought not to obstruct his triumph, since, if there was no other reason in its favour, the senate had judged it to be well merited.

[3] But on the day after the triumph, when he should see Aemilius in a private station, he should prefer a charge, and prosecute him according to the laws;

[4] or else, at a later period, when he himself should be invested with magistracy, let him cite Paullus to a trial, and accuse his enemy before the people.

[5] By such conduct Lucius Paullus would both receive the reward of his proper conduct, a triumph for extraordinary success in war, and also meet punishment, if he had committed any thing unworthy of his former or present reputation. Instead of which, he has undertaken to detract from the merits of a man to whom he cannot impute either crime or dishonour.

[6] Yesterday he demanded a whole day, for making his charges against Lucius Paullus, and he spent four hours, which remained of that day, in delivering a speech to that purpose.

[7] What accused man was ever so transcendently wicked, that the offence of his life could not be set forth in that number of hours? And yet, in all that time, what did he object to him, that Lucius Paullus, if actually on his trial, would have wished to be denied?

[8] Let any one with me fancy for a moment, two assemblies: one composed of the soldiers who served in Macedon; the other, of sounder judgment, unbiassed either by favour or dislike; where the whole body of the Roman people is the judge.

[9] Let the cause of the accused be pleaded, first, before the citizens, peaceably assembled in their gowns. Servius Galba, what have you to say before the Roman citizens? for such a discourse, as you made before, is totally precluded. You were obliged to stand at your posts with too much strictness and attention; the watches were visited with too much exactness and severity; you had more fatigue than formerly, because the general himself went the rounds, and enforced the duties.

[10] On the same day you per- formed a march, and, without repose, were led forth to battle. Even when you had gained a victory, he did not allow you rest: he led you immediately in pursuit of the enemy. When he has it in his power to make you rich, by dividing the spoil, he intends to carry the king's treasure in his triumph, and deposit it in the treasury.

[11] Though these arguments may have some incentive to stimulate the passions of soldiers, who imagine that too little deference has been shown to their licentious temper, and too little indulgence to their avarice;

[12] yet they would have no kind of influence on the judgment of the Roman people; who, though they should not recollect old accounts, and what they heard from their parents, of the numerous defeats suffered in consequence of the desire of commanders to gain popularity, or of victories gained in consequence of strict enforcement of discipline;

[13] yet must they surely remember, what a difference there was in the last Punic war between Marcus Minucius, the master of the horse, and Quintus Fabius Maximus, the dictator.

[14] The accuser, therefore, would soon know, that any defence, on the part of Paullus, would be superfluous.

History of Rome Perseus (Volumes 1-2. Roberts, Canon, Rev, translator. London, New York: J. M. Dent and Sons; E. P. Dutton and Co., 1912.) — 45.37 focus

[1]

Then Servilius began: "How great a commander L. Aemilius has shown himself may be estimated, if by nothing else, at all events by this simple fact, that though he had in his camp such mutinous and fickle soldiers, and a man so notorious for his impulsiveness and power of rousing a multitude bent on mischief by his eloquence, yet he never had a mutiny in his camp. The same stern exercise of authority, which they now detest, kept them as a united body.

[2] Held fast by the ancient discipline, they neither uttered a seditious word nor acted in a seditious way.

[3] As to Servilius Galba, if he wished to make his first essay, and give us a specimen of his eloquence by accusing L. Paulus, he ought not to have stood in the way of his triumph, if for no other reason at least for this, that the senate had judged it just and right.

[4] He ought to have waited till the morrow of his triumph, when he would see him as a private citizen and would be able to indict him before a magistrate, or at a later time, as soon as he himself had taken up the duties of a magistrate, he could impeach his enemy and prosecute him before the Assembly.

[5] In that way Lucius Paulus would have been rewarded by a triumph for having done his duty in conducting a war so gloriously, and would have been punished for anything he had done unworthy of his former reputation and his newly-acquired glory. But see!

[6] He could not say anything against his conduct as a citizen or his character as a man, so he tried to besmirch his reputation. Yesterday afternoon he asked for a whole day in which to bring his accusations against L. Paulus; he took up what was left of the day-four hours-with his speech.

[7] What man has ever been placed upon his trial, so steeped in guilt that the crimes of his life could not be recounted in that number of hours? What, however, did he bring up which L. Paulus, were he on his trial, would wish to deny?

[8] "Let some one picture to himself for a moment two assemblies, the one made up of the soldiers who served in Macedonia, the other free from prejudice, with a judgment unwarped by either partiality or aversion-the whole of the people of Rome sitting as judges. Suppose the defendant were first brought before the assembly of civilians clad in their peaceful togas.

[9] What would you say, Servilius Galba, before the Quirites of Rome? You said yesterday: 'Your outpost duty was too arduous, too much of a strain; the inspection of the night watches was too inconsiderate and incessant; you did heavier fatigue duty than formerly, when the commander himself went round and inspected. You had a march, and then went straight into battle on the same day, and even after you had won the victory, you were not allowed any rest; you were instantly sent in pursuit of the enemy.

[10] It was within his power to make you rich by distributing the plunder; he is going to carry the royal wealth in his triumphal procession and then put it into the treasury.' This sort of talk has a certain sting in it to goad on men who think that sufficient deference has not been shown to their licence and avarice.

[11] But it would have no influence with the people of Rome.

[12] They might not remember the old-time stories, and those which they have heard from their fathers, the defeats incurred by commanders who wished to be popular, and the victories won by stern and strict discipline; but they have not at all events forgotten the last Punic war, the difference between M. Minucius, the Master of the Horse, and Q. Fabius Maximus, the Dictator. So it is quite clear that the accuser would not have had a word to say, and any defence by Paulus would have been superfluous.

[13] "Now let us pass to the other assembly.

[14] I think I shall call you 'soldiers,' and not 'Quirites,' if that title can at least call up a blush and evoke in you a feeling of shame for the way you have insulted your commander.

Notes on the current edition

Ab urbe condita

1. Tum Servilius add. Fr : om. V.

2. A.U.C. 587

3. posset Madvig : possit V.

4. tum Weissenborn : ut V.

5. habiti neque dixerunt seditiose quicquam neque vahlen : habita neque V.

6. esset J. F. Gronovius: est V.

7. cum add. J. F. Gronovius, Wesenberg: om. V.

8. magistratum kreyssig : magistratus V.

9. et eum ad Madvig : cum ad V.

10. nullum add. nov ák: om. V.

11. A.U.C. 587

12. ad add. vascosanus : om. V.

13. et hic posuit H. J. Müller: post iudicii V.

14. universi populi Romani Madvig : uniuersisiũd. c. pr. V.

15. stetisti Madvig : institisti V.

16. ut Weissenborn : et V.

17. existi; ne add. heraeus : om. V.

18. A.U.C. 587

19. apparuisset neque add. vahlen : om. V.

20. hiscere ... defensionem vahlen : iscire .. . defensione V.

Titus Livius (Livy) Ab urbe condita 45.37

Benjamin Oliver Foster, Ph.D. (Editor), Frank Gardener Moore (Editor), Alfred C. Schlesinger, Ph.D. (Editor)

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