Virginius orders him to be seized and carried to prison.

The patricians oppose force to force.

Titus Quintius exclaims, "that a person for whom a day of trial for a capital offence has been appointed, and whose trial was now at hand, ought not to be outraged before trial and without sentence being passed." The tribune says, "that he would not inflict punishment[117] on him before condemnation, that he would however keep him in prison until the day of trial; that the Roman people may have an opportunity of inflicting punishment on one who had killed a man." The tribunes being appealed to, secure their prerogative by adopting a middle course;[118] they forbid his being thrown into confinement, and declare it to be their wish that the accused should appear on his trial, and that a sum of money should be promised to the people, in case he should not appear.

How large a sum of money ought to be promised, came under discussion: that is referred to the senate.

The accused was detained in the public assembly, until the patricians should be consulted: it was determined that he should give bail:[119] each bail they bound to the amount of three thousand _asses_; how many should be given, was left to the tribunes; they limited the number to ten; for ten sureties the prosecutor discharged the accused.