<GetPassage xmlns:tei="http://www.tei-c.org/ns/1.0" xmlns="http://chs.harvard.edu/xmlns/cts">
            <request>
                <requestName>GetPassage</requestName>
                <requestUrn>urn:cts:latinLit:phi0914.phi001.perseus-eng3:9.32.2-9.33.9</requestUrn>
            </request>
            <reply>
                <urn>urn:cts:latinLit:phi0914.phi001.perseus-eng3:9.32.2-9.33.9</urn>
                <passage>
                    <TEI xmlns="http://www.tei-c.org/ns/1.0"><text><body><div n="urn:cts:latinLit:phi0914.phi001.perseus-eng3" type="edition" xml:lang="eng"><div n="9" subtype="book" type="textpart"><div n="32" subtype="chapter" type="textpart"><div n="2" subtype="section" type="textpart"><p> Aemilius marched thither to raise the siege, and selected a site before
							the city where he entrenched himself. His camp was plentifully supplied
							with provisions from Sutrium. </p></div><div n="3" subtype="section" type="textpart"><p> The Etruscans spent the day after his arrival in discussing whether they
							should bring on an immediate engagement or protract the war. Their
							generals decided upon the more energetic course as the safer one, and
							the next day at sunrise the signal for battle was displayed and the
							troops marched into the field. </p></div><div n="4" subtype="section" type="textpart"><p> As soon as this was reported to the consul he ordered the tessera to he
							given out, instructing the men to take their breakfast, and after they
							were strengthened by food to arm themselves for battle. </p></div><div n="5" subtype="section" type="textpart"><p> When he saw that they were in complete readiness, he ordered the
							standards to go forward, and after the army had emerged from the camp he
							formed his battle-line not far from the enemy. </p></div><div n="6" subtype="section" type="textpart"><p> For some time both sides stood in expectation, each waiting for the
							other to raise the battle-shout and begin the fighting. The sun passed
							the meridian before a single missile was discharged on either side. </p></div><div n="7" subtype="section" type="textpart"><p> At length the Etruscans, not caring to leave the field without securing
							some success, raised the battle-shout; the trumpets sounded and the
							standards advanced. </p></div><div n="8" subtype="section" type="textpart"><p> The Romans showed no less eagerness to engage. They closed with each
							other in deadly earnest. The Etruscans had the advantage in numbers, the
							Romans in courage. </p></div><div n="9" subtype="section" type="textpart"><p> The contest was equally maintained and cost many lives, including the
							bravest on both sides, nor did either army show any signs of giving way
							until the second Roman line came up fresh into the place of the first,
							who were wearied and exhausted. The Etruscans had no reserves to support
							their first line, and all fell in front of their standards or around
							them. </p></div><div n="10" subtype="section" type="textpart"><p> No battle would have witnessed fewer fugitives or involved greater
							carnage had not the Tuscans, who had made up their minds to die, found
							protection in the approach of night, so that the victors were the first
							to desist from fighting. </p></div><div n="11" subtype="section" type="textpart"><p> After sunset the signal was given to retire, and both armies returned in
							the night to their respective camps. Nothing further worth mention took
							place that year at Sutrium. The enemy had lost the whole of their first
							line in a single battle and had only their reserves left, who were
							hardly sufficient to protect their camp. </p></div><div n="12" subtype="section" type="textpart"><p> Amongst the Romans there were so many wounded that those who left the
							field disabled were more numerous than those who had fallen in the
							battle. </p></div></div><div n="33" subtype="chapter" type="textpart"><div n="1" subtype="section" type="textpart"><p>The<note anchored="true" type="sum" resp="ed" place="unspecified">Appius
								Claudius prolongs his Censorship in defiance of the Law.</note>
							consuls for the following year were Q. Fabius and C. Marcius Rutilus.
							Fabius took over the command at Sutrium, and brought reinforcements from
							Rome. </p></div><div n="2" subtype="section" type="textpart"><p> A fresh army was also raised in Etruria and sent to support the
							besiegers. Very many years had elapsed since there had been any contests
							between the patrician magistrates and the tribunes of the plebs. </p></div><div n="3" subtype="section" type="textpart"><p> Now, however, a dispute arose through that family which seemed marked
							out by destiny to be the cause of quarrels with the plebs and its
							tribunes. Appius Claudius had now been censor eighteen months, the
							period fixed by the Aemilian Law for the duration of that office. </p></div><div n="4" subtype="section" type="textpart"><p> In spite of the fact that his colleague, C. Plautius, had resigned, he
							could under no circumstances whatever be induced to vacate his office.
							P. Sempronius was the tribune of the plebs who commenced an action for
							limiting his censorship to the legal period. </p></div><div n="5" subtype="section" type="textpart"><p> In taking this step he was acting in the interests of justice quite as
							much as in the interests of the people, and he carried the sympathies of
							the aristocracy no less than he had the support of the masses. </p></div><div n="6" subtype="section" type="textpart"><p> He recited the several provisions of the Aemilian Law and extolled its
							author, Mamercus Aemilius, the Dictator, for having shortened the
							censorship. Formerly, he reminded his hearers, it was held for five
							years, a time long enough to make it tyrannical and despotic, Aemilius
							limited it to eighteen months. </p></div><div n="7" subtype="section" type="textpart"><p> Then turning to Appius he asked him: “Pray tell me, Appius, what
							would you have done had you been censor at the time that C. Furius and
							M. Geganius were censors?” Appius Claudius replied that the
							tribune's question had not much bearing on his case. </p></div><div n="8" subtype="section" type="textpart"><p> He argued that though the law might be binding in the case of those
							censors during whose period of office it was passed, because it </p></div><div n="9" subtype="section" type="textpart"><p> was after they had been appointed that the people ordered the measure to
							become law, and the last order of the people was law for the time being,
							nevertheless, neither he nor any of the censors subsequently appointed
							could be bound by it because all succeeding censors had been appointed
							by the order of the people and the last order of the people was the law
							for the time being. <note anchored="true" n="14" resp="ed" place="unspecified">Appius' argument is this: The Aemilian Law only
								restricted the censorship of Furius and Geganius, because whilst
								their election was tantamount to one “order of the
								people” the Aemilian Law was a second “order of the
								people” superseding the first. But in all subsequent
								elections there was only one “order of the people,”
								viz. the election itself, and therefore the original law which fixed
								the duration of the office at five years resumed its
								validity.</note>
						            </p></div></div></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>