He came, therefore, as it were, to make his apology, and clear himself; in which belief the people kept silence, and gave him a quiet hearing. But when, instead of the submissive and deprecatory language expected from him, he began to use not only an offensive kind of freedom, seeming rather to accuse than apologize, but, as well by the tone of his voice as the air of his countenance, displayed a security that was not far from disdain and contempt of them, the whole multitude then became angry, and gave evident signs of impatience and disgust; and Sicinnius, the most violent of the tribunes, after a little private conference with his colleagues, proceeded solemnly to pronounce before them all, that Marcius was condemned to die by the tribunes of the people, and bid the Aediles take him to the Tarpeian rock, and without delay throw him headlong from the precipice. When they, however, in compliance with the order, came to seize upon his body, many, even of the plebeian party, felt it to be a horrible and extravagant act; the patricians, meantime, wholly beside themselves with distress and horror, hurried up with cries to the rescue; and while some made actual use of their hands to hinder the arrest, and surrounding Marcius, got him in among them, others, as in so great a tumult no good could be done by words, stretched out theirs, beseeching the multitude that they would not proceed to such furious extremities; and at length, the friends and acquaintance of the tribunes, wisely perceiving how impossible it would be to carry off Marcius to punishment without much bloodshed and slaughter of the nobility, persuaded them to forbear everything unusual and odious; not to despatch him by any sudden violence, or without regular process, but refer the cause to the general suffrage of the people. Sicinnius then, after a little pause, turning to the patricians, demanded what their meaning was, thus forcibly to rescue Marcius out of the people's hands, as they were going to punish him; when it was replied by them, on the other side, and the question put, "Rather, how came it into your minds, and what is it you design, thus to drag one of the worthiest men of Rome, without trial, to a barbarous and illegal execution?" "Very well," said Sicinnius, "you shall have no ground in this respect for quarrel or complaint against the people. The people grant your request, and your partisan shall be tried. We appoint you, Marcius," directing his speech to him, "the third market-day ensuing, to appear and defend yourself, and to try if you can satisfy the Roman citizens of your innocence, who will then judge your case by vote." The patricians were content with such a truce and respite for that time, and gladly returned home, having for the present brought off Marcius in safety.
During the interval before the appointed time (for the Romans hold their sessions every ninth day, which from that cause are called mundinoe in Latin), a war fell out with the Antiates, likely to be of some continuance, which gave them hope they might one way or other elude the judgment. The people, they presumed, would become tractable, and their indignation lessen and languish by degrees in so long a space, if occupation and war did not wholly put it out of their mind. But when, contrary to expectation, they made a speedy agreement with the people of Antium. and the army came back to Rome, the patricians were again in great perplexity, and had frequent meetings to consider how things might be arranged, without either abandoning Marcius, or yet giving occasion to the popular orators to create new disorders. Appius Claudius, whom they counted among the senators most averse to the popular interest, made a solemn declaration, and told them beforehand, that the senate would utterly destroy itself and betray the government, if they should once suffer the people to assume the authority of pronouncing sentence upon any of the patricians; but the oldest senators and most favourable to the people maintained, on the other side, that the people would not be so harsh and severe upon them, as some were pleased to imagine, but rather become more gentle and humane upon the concession of that power, since it was not contempt of the senate, but the impression of being contemned by it, which made them pretend to such a prerogative. Let that he once allowed them as a mark of respect and kind feeling, and the mere possession of this power of voting would at once dispossess them of their animosity.