At the period of which we are now writing, when Clodius was intent on pursuing Cicero to his ruin, it was a question with Cicero himself whether he would not trust to a certain faction in Rome to fight for him, and so to protect him.

Though his popularity was on the wane--that general popularity which, we may presume, had been produced by the tone of his voice and the grace of his language--there still remained to him that other popularity which consisted, in truth, of the trained bands employed by the "boni" and the "optimates," and which might be used, if need were, in opposition to trained bands on the other side.
The bill first proposed by Clodius to the people with the object of destroying Cicero did not mention Cicero, nor, in truth, refer to him.
It purported to enact that he who had caused to be executed any Roman citizen not duly condemned to death, should himself be deprived of the privilege of water or fire.[275] This condemned no suggested malefactor to death; but, in accordance with Roman law, made it impossible that any Roman so condemned should live within whatever bounds might be named for this withholding of fire and water.

The penalty intended was banishment; but by this enactment no individual would be banished.

Cicero, however, at once took the suggestion to himself, and put himself into mourning, as a man accused and about to be brought to his trial.

He went about the streets accompanied by crowds armed for his protection; and Clodius also caused himself to be so accompanied.