The treaty was concluded, after it had been for the sake of form submitted to a council of war whose consent was procured after an irregular and extremely summary discussion.

Jugurtha submitted at discretion; but the victor was merciful and gave him back his kingdom undiminished, in consideration of his paying a moderate fine and delivering up the Roman deserters and the war elephants (643); the greater part of the latter the king afterwards repurchased by bargaining with the individual Roman commandants and officers.
On the news of this peace the storm once more broke forth in Rome.
Everybody knew how the peace had been brought about; even Scaurus was evidently open to bribery, only at a price higher than the ordinary senatorial average.

The legal validity of the peace was seriously assailed in the senate; Gaius Memmius declared that the king, if he had really submitted unconditionally, could not refuse to appear in Rome, and that he should accordingly be summoned before them, with the view of ascertaining how the matter actually stood as to the thoroughly irregular negotiations for peace by hearing both the contracting parties.

They yielded to the inconvenient demand: but at the same time granted a safe-conduct to the king inconsistently with the law, for he came not as an enemy, but as one who had made his submission.

Thereupon the king actually appeared at Rome and presented himself to be heard before the assembled people, which was with difficulty induced to respect the safe-conduct and to refrain from tearing in pieces on the spot the murderer of the Italians at Cirta.