Titus Livius (Livy), The History of Rome, Book 45
William A. McDevitte, Sen. Class. Mod. Ex. Schol. A.B.T.C.D., Ed.

37. 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 [p. 2160]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- [p. 2161]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.