The ambassadors being dismissed, Virginius reminds the soldiers "that a little time before they had been embarrassed in a matter of no very great difficulty, because the multitude was without a head; and that the answer given, though not inexpedient, was the result rather of an accidental concurrence than of a concerted plan. His opinion was, that ten persons be elected, who should preside in the management of their affairs, and, in the style of military dignity, that they should be called tribunes of the soldiers." When that honour was offered to himself in the first instance, he replied, "Reserve for an occasion more favourable to you and to me those your kind opinions of me. My daughter being unavenged, neither allows any honour to be satisfactory to me, nor in the disturbed state of things is it useful that those should be at your head who are most obnoxious to party malice. If there will be any use of me, such use will be derived not in a less degree from me in a private station." They then elect military tribunes ten in number. Nor was the army among the Sabines inactive. There also, at the instance of Icilius and Numitorius, a secession from the decemvirs took place, the commotion of men's minds on recollecting the murder of Siccius being not less than that, which the recent account of the barbarous attempt made on the maiden to gratify lust had enkindled. When Icilius heard that tribunes of the soldiers were elected on Mount Aventine, lest the election-assembly in the city might follow the precedent of the military assembly, by electing the same persons tribunes of the commons, being well versed in popular intrigues and having an eye to that office, he also takes care, before they proceeded to the city, that the same number be elected by his own party with an equal power. They entered the city through the Colline gate in military array, and proceeded in a body to the Aventine through the middle of the city. There, joined to the other army, they commissioned the twenty tribunes of the soldiers to select two out of their number, who should hold the command in chief. They choose Marcus Oppius and Sextus Manilius. The patricians, alarmed for the general safety, though there was a meeting every day, waste the time in wrangling more frequently than in deliberation. The murder of Siccius, the lust of Appius, and the disgraces incurred in war were urged as charges against the decemvirs. It was resolved that Valerius and Horatius should proceed to the Aventine. They refused to go on any other conditions, than that the decemvirs should lay down the badges of that office, which had expired the year before. The decemvirs, complaining that they were now being degraded, stated that they would not resign their office, until those laws were passed on account of which they had been appointed.
The people being informed through Marcus Duilius, who had been tribune of the people, that by reason of their continual contentions no business was transacted, passes from the Aventine to the Sacred mount; Duilius affirming that serious concern for business would not enter the minds of the patricians, until they saw the city deserted. That the Sacred mount would remind them of the people's firmness; that they would then know, that matters could not be restored to concord without the restoration of (the tribunitian) power. Having set out along the Nomentan way, which was then called the Ficulnean, they pitched their camp on the Sacred mount, imitating the moderation of their fathers by committing no violence. The commons followed the army, no one whose age would permit him declining to go. Their wives and children attended their steps, piteously asking to whom would they leave them, in a city in which neither chastity nor liberty were respected? When the unusual solitude rendered every place in Rome void; when there was in the forum no one but a few old men; when, the patricians being convened into the senate, the forum appeared deserted; more now besides Horatius and Valerius began to exclaim, "What will ye now wait for, conscript fathers? If the decemvirs do not put an end to their obstinacy, will ye suffer all things to go to wreck and ruin? What power is that, decemvirs, which ye embrace and hold so firmly? do you mean to administer justice to walls and mere houses? Are you not ashamed that an almost greater number of your lictors is to be seen in the forum than of the other citizens? What are ye to do, in case the enemy should approach the city? What, if the commons should come presently in arms, if we seem not to be moved by their secession? do you mean to conclude your power by the fall of the city? But (the case is this,) either we must not have the commons, or they must have their tribunes. We would sooner dispense with our patrician magistrates, than they with their plebeian. That power, when new and untried, they wrested from our fathers; much less will they, now that they have tested the sweets of it, endure its loss: more especially since we make not a moderate use of our power, so that they may not stand in need of (tribunitian) aid." When these arguments were thrown out from every quarter, the decemvirs, overpowered by the united opinions of all, declare that, since such seems to be the feeling, they would submit to the authority of the patricians. All they ask is, that they may be protected from popular rage; they give a warning, that they should not through shedding their blood habituate the people to inflict punishment on the patricians.
Then Valerius and Horatius, having been sent to bring back the people on such terms as might seem fit, and to adjust all differences, are directed to make provision also for the decemvirs from the resentment and violence of the multitude. They set forward and are received into the camp with great joy by the people, as being their liberators beyond all doubt, both at the commencement of the disturbance and at the termination of the matter. In consideration of these things, thanks were returned to them on their arrival. Icilius speaks in the name of the people. When the terms came to be considered, the ambassadors inquiring what were the demands of the people, the same individual, having already concerted the plan before the arrival of the ambassadors, stated demands of such a nature, that it became evident, that more hope was placed in the justice of their case than in arms. For they demanded back the tribunitian office and the right of appeal, which, before the appointment of decemvirs, had been the props of the people, and that it should not be visited with injury to any one, to have instigated the soldiers or the commons to seek back their liberty by a secession. Concerning the punishment only of the decemvirs was their demand immoderate; for they thought it but just that they should be delivered up to them; and they threatened that they would burn them alive. In answer the ambassadors say, the demands which have been the result of deliberation are so reasonable, that they should be voluntarily offered to you; for you seek them as safeguards to your liberty, not as means of licentious power to assail others. Your resentment we must rather pardon than indulge; seeing that from your hatred of cruelty ye rush into cruelty, and almost before you are free yourselves, you wish already to lord it over your enemies. Shall our state never enjoy rest from punishments, either of the patricians on the Roman commons, or of the commons on the patricians? you have occasion for a shield rather than for a sword. He is sufficiently and abundantly humble, who lives in a state on an equal footing, neither inflicting nor suffering injury. Moreover, "should you feel disposed to render yourselves formidable, when, having recovered your magistrates and laws, decisions on our lives and fortunes shall be in your hands; then you shall determine according to the merits of each case; now it is sufficient that your liberty be restored."
All permitting them to act just as they think proper, the ambassadors assure them that they would speedily return, having completed every matter. When they went and laid before the patricians the message of the commons, the other decemvirs, since, contrary to their own expectation, no mention was made of their punishment, raised no objection. Appius, being of a truculent disposition and a particular object of detestation, measuring the rancour of others towards him by his own towards them, says, "I am aware of the fate which hangs over me. I see that the contest against us is deferred, until our arms are delivered up to our adversaries. Blood must be offered up to popular rage. Not even do I demur to resign my decemvirate." A decree of the senate is then passed, "that the decemvirs should without delay resign their office; that Quintus Furius, chief pontiff, should hold an election of plebeian tribunes, and that the secession of the soldiers and commons should not be visited on any one." These decrees being finished, the senate being dismissed, the decemvirs come forth into the assembly, and resign their office, to the great joy of all. News of this is carried to the commons. All the people remaining in the city escort the ambassadors. This crowd was met by another joyous body from the camp; they congratulate each other on the restoration of peace and concord to the state. The deputies address the assembly: "Be it advantageous, fortunate, and happy for you and the republic, return into your country to your household gods, your wives and children; but carry into the city the same modesty which you observed here, where, amid the consumption of so many matters necessary for so large a number of persons, no man's field has been injured. Go to the Aventine, whence ye set out. In that auspicious place, where ye took the first step towards liberty, ye shall elect tribunes of the people. The chief pontiff will be at hand to hold the elections." Great was their assent and joy, as evinced in their approbation of every measure. They then hastily raise their standards, and having set out for Rome, vie in exultation with all they met. There, the chief pontiff holding the meeting for the elections, they elected as their tribunes of the people, first of all A. Virginius, then Lucius Icilius, and Publius Numitorius the uncle of Virginia, the advisers of the secession. Then Caius Sicinius, the offspring of him who is recorded to have been elected first tribune of the commons on the Sacred mount; and Marcus Duilius, who had passed through a distinguished tribuneship before the creation of the decemvirs, and was never wanting to the commons in their contests with the decemvirs. Marcus Titinius, Marcus Pomponius, Caius Apronius, Publius Villius, and Caius Oppius, were elected more from hope (entertained of them) than from any services (performed). When he entered on his tribuneship, Lucius Icilius proposed to the commons, and the commons ordered, that the secession from the decemvirs which had taken place should not prove detrimental to any individual. Immediately after Duilius carried a proposition for electing consuls, with right of appeal. All these things were transacted in an assembly of the commons in the Flaminian meadows, which they now call the Flaminian circus.
Then through an interrex Lucius Valerius and Marcus Horatius were elected consuls, who immediately entered on their office; whose consulship was popular without any actual injury to the patricians, though not without their displeasure; for whatever provision was made for securing the liberty of the commons, that they considered to be a diminution made in their own power. First of all, when it was as it were a point in controversy, whether patricians were bound by regulations enacted in an assembly of the commons, they proposed a law in the assembly of the centuries, that whatever the commons ordered collectively, should bind the entire people; by which law a most keen-edged weapon was given to motions introduced by tribunes. Then another law made by a consul concerning the right of appeal, a singular security to liberty, and subverted by the decemviral power, they not only restore, but guard it also for the time to come, by enacting a new law, "that no one should appoint any magistrate without a right of appeal; if any person should so elect, it would be lawful and right that he be put to death; and that such killing should not be deemed a capital offence." And when they had sufficiently secured the commons by the right of appeal on the one hand, by tribunitian aid on the other, they renewed for the tribunes themselves (the privilege) that they should be held sacred and inviolable, the memory of which matter had now been almost lost, reviving certain ceremonies which had been long disused; and they rendered them inviolable both by the religious institution, as well as by a law, enacting, that "whoever should offer injury to tribunes of the people, ædiles, judges, decemvirs, his person should be devoted to Jupiter, and his property be sold at the temple of Ceres, Liber and Libera." Commentators deny that any person is by this law sacrosanct; but that he who may do an injury to any of them, is deemed to be devoted; therefore that an ædile may be arrested and carried to prison by superior magistrates, which, though it be not expressly warranted by law, for an injury is done to a person to whom it is not lawful to do an injury according to this law, yet it is a proof that an ædile is not considered as sacred; that the tribunes were sacred and inviolable by an ancient oath of the commons, when first they created that office. There have been persons who supposed that by this same Horatian law provision was made for the consuls also and the prætors, because they were elected under the same auspices as the consuls; for that a consul was called a judge. Which interpretation is refuted, because at this time it was not yet the custom for the consul to be styled judge, but the prætor. These were the laws proposed by the consuls. It was also regulated by the same consuls, that decrees of the senate should be deposited with the ædiles of the commons in the temple of Ceres; which before that used to be suppressed and altered at the pleasure of the consuls. Marcus Duilius then, tribune of the commons, proposed to the people, and the people ordered, that "whoever left the people without tribunes, and whoever caused a magistrate to be elected without the right of appeal, should be punished with stripes and beheaded." All these matters, though against the feelings of the patricians, passed off without opposition from them, because no severity was aimed at any particular individual.