orious in Rome that a great party man might
best attain his political object by fighting for it in the streets. This
was the meaning of that saying of Crassus, that a man could not be
considered rich till he could keep an army in his own pay. A popular
vote obtained and declared by a faction fight in the forum was still a
popular vote, and if supported by sufficient violence would be valid.
There had been street fighting of the kind when Cicero had defended
Caius Cornelius, in the year after his Praetorship; there had been
fighting of the kind when Rabirius had been condemned in his Consulship.
We shall learn by-and-by to what extent such fighting prevailed when
Clodius was killed by Milo's body-guard. 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. There came thus to be a question
which might prevail should there be a general fight. The Senate was, as
a body, on Cicero's side, but was quite unable to cope with the
Triumvirate. Caesar no doubt had resolved that Cicero should