The story of Cincinnatus, in order to be fully understood, must be seen against the backdrop of the struggle between the orders; the Patricians and the Plebeians. In the Assembly, the Tribunes introduced a law that would create a 5-man commission to supervise the behavior of the consuls. In effect, this commission would limit the power of the consuls, an office held only by Patricians. Needless to say, the Patricians opposed this law bitterly.

Cincinnatus’ son Caeso was an ardent opponent of the Tribunes and of the Plebeian order. He and his compatriots were opposed by the Tribune of Plebs Gaius Terentilius Harsa who agitated against the power of the consuls

3.9.
Harsa wanted to appoint a commission of five to review and curtail the power of the consuls. Harsa introduced his law while the consuls were away at war fighting the Aequi and Volscians. The Patricians, led by Caeso, opposed the commission. Terentilius failed to pass his legislation that year but introduced it the following year with support of the other Tribunes. In the meantime the Hernici claimed that the Aequi and Volsci were plotting war despite the fact that they had recently been defeated. The consuls attempted to raise an army. The Tribunes prevented enrollment in the army. Things got heated with the consuls and the Patricians accusing the Tribunes and plebs of treason and the Tribunes and plebs accusing the consuls and Patricians of manufacturing a conflict in order to defeat Terentilius’ legislation. Caeso was in the middle of this hubbub which allowed the Tribune Aulus Verginius to impeach Caeso on a capital charge (murder) for the death of a certain M. Volscius Fictor’s brother some years before. Fictor could not get a hearing because of Patrician obstructionism.

3.12
The day of trial was now at hand and it was evident that men generally believed that their liberty depended upon the condemnation of Caeso. At last, to his great indignation, he was constrained to approach individual members of the plebs; he was followed by his friends, who were amongst the foremost men of the State. Titus Quinctius Capitolinus, who had three times been consul, after recounting his own numerous distinctions and those of his family, asserted that neither in the Quinctian house nor in the Roman State did there exist another such example of personal merit and youthful courage. He had been the foremost soldier in his army; he had often fought under his own eyes. Sp. Furius said that Caeso had been sent by Quinctius Capitolinus to his assistance when in difficulties and that no single person had done more to retrieve the fortunes of the day.

L. Lucretius, the consul of the previous year, in the splendor of his newly-won glory, associated Caeso with his own claim to distinction, enumerated the actions in which he had taken part, recounted his brilliant exploits on the march and in the field, and did his utmost to persuade them to retain as their own fellow-citizen a young man furnished with every advantage that nature and fortune could give, who would be an immense power in any state of which he became a member, rather than drive him to an alien people. As to what had given such offence- his hot temper and audacity-these faults were being continually lessened; what was wanting in him–prudence—was increasing day by day. As his faults were decaying and his virtues maturing, they ought to allow such a man to live out his years in the commonwealth. Among those who spoke for him was his father, L. Quinctius Cincinnatus. He did not go over all his merits again, for fear of aggravating the feeling against him, but he pleaded for indulgence to the errors of youth; he himself had never injured any one either by word or deed, and for his own sake he implored them to pardon his son. Some refused to listen to his prayers, lest they should incur the displeasure of their friends; others complained of the maltreatment they had received, and by their angry replies showed beforehand what their verdict would be.

3.13
Over and above the general exasperation, one charge in particular weighed heavily against him. M. Volscius Fictor, who had some years previously been tribune of the plebs, had come forward to give evidence that not long after the epidemic had visited the City, he had met some young men strolling in the Subura. A quarrel broke out and his elder brother, still weak from illness, was knocked down by a blow from Caeso’s fist, and carried home in a critical condition, and afterwards died, he believed, in consequence of the blow. He had not been allowed by the consuls, during the years that had elapsed, to obtain legal redress for the outrage. Whilst Volscius was telling this story in a loud tone of voice, so much excitement was created that Caeso was very near losing his life at the hands of the people. Verginius ordered him to be arrested and taken to prison. The patricians met violence by violence. T. Quinctius called out that when the day of trial has been fixed for any one indicted on a capital charge and is near at hand, his personal liberty ought not to be interfered with before the case is heard and sentence given. The tribune replied that he was not going to inflict punishment upon a man not yet found guilty; but he should keep him in prison till the day of the trial, that the Roman people might be in a position to punish one who has taken a man’s life. The other tribunes were appealed to, and they saved their prerogative by a compromise; they forbade him to be cast into prison, and announced as their decision that the accused should appear in court, and if he failed to do so, he should forfeit a sum of money to the people. The question was, what sum would it be fair to fix? The matter was referred to the Senate; the accused was detained in the Assembly whilst the Senators were deliberating. They decided that he should give sureties, and each surety was bound in 3000 “ases” It was left to the tribunes to decide how many should be given; they fixed the number at ten. The prosecutor released the accused on that bail. Caeso was the first who gave securities on a state trial. After leaving the Forum, he went the following night into exile amongst the Tuscans. When the day for the trial came, it was pleaded in defence of his non-appearance that he had changed his domicile by going into exile. Verginius, nevertheless, went on with the proceedings, but his colleagues, to whom an appeal was made, dismissed the Assembly. The money was unmercifully extorted from the father, who had to sell all his property and live for some time like a banished man in an out-of-the-way hut on the other side of the Tiber.