[-13-] Clodius therefore hoped that for these reasons, if he should prepare the minds of the senate and the knights and the populace in advance, he could quickly make way with him. So he straightway[41] distributed free corn gratis (he had already in the consulship of Gabinius and Piso introduced a motion that it be measured out to those who lacked), and revived the associations called collegia in the native language, which had existed anciently but had been abolished for some time. The tribunes he forbade to depose a person from any office or disfranchise him, save if a man should be tried and convicted in presence of them both. After enticing the citizens by these means he proposed another law, concerning which it is necessary to speak at some length, so that it may become clearer to most persons.
Public divination was obtained from the sky and from some other sources, as I said, but that of the sky carried the greatest weight,—so much so that whereas the other auguries held were many in number and for each action, this one was held but once and for the whole day. Besides this most peculiar feature it was noticeable that whereas in reference to all other matters sky-divination either allowed things to be done and they were carried out without consulting any individual augury further, or else it would prevent and hinder something, it restrained the balloting of the populace altogether and was always a portent to check them, whether it was of a favorable or ill-boding nature. Now the cause of this custom I am unable to state, but I set down the common report. Accordingly, many persons who wished to obstruct either the proposal of laws or official appointments that came before the popular assembly were in the habit of announcing that they would use the divination from the sky for that day, so that the people could ratify nothing during the period. Clodius was afraid that if he indicted Cicero some person by such means might interpose a postponement or delay the trial, and so introduced measure that no one of the officials should, on the days when it was necessary for the people to vote on anything, observe the signs from heaven.
[-14-]Such was the nature of the indictment which he then drew up against Cicero. The latter understood what was going on and induced Lucius Ninnius Quadratus, a tribune, to oppose it all: then Clodius, in fear lest a tumult and delay of some kind should arise as a result, outwitted him by deceit. He made arrangements with Cicero beforehand to bring no indictment against him, if he, in turn, would not interfere with any of the measures under consideration; whereupon, while the latter and Ninnius were quiet, he secured the passage of the laws, and next proceeded against the orator. Thus was the latter, who thought himself extremely wise, deceived on that occasion by Clodius,—if we ought to say Clodius and not Caesar and his party. For the law that Clodius proposed after this trick was not on its face enacted against Cicero (i.e. it did not contain his name), but against all those simply who put to death or had put to death any citizen without the condemnation of the populace; yet in fact it was drawn up as strongly as possible against that one man.
It brought within its scope, indeed, all the senate, because they had charged the consuls with the protection of the city, by which act it was permitted the latter to take such steps, and subsequently had voted to condemn Lentulus and the rest who at that time suffered the death penalty. Cicero, however, incurred the responsibility alone or most of all, because he had laid information against them and had each time made the proposition and put the vote and had finally seen to their execution by the agents entrusted with such business. For this reason he took vigorous retaliatory measures, and discarding senatorial dress went about in the garb of the knights, paying court meanwhile, as he went back and forth, day and night alike to all who had any influence, not only of his friends but also of his opponents, and especially to Pompey and Caesar, inasmuch as they did not show their enmity toward him. [-15-] In their anxiety not to appear by their own action to have set Clodius on or to be pleased with his measures, they devised the following way, which suited them admirably and was obscure to their foe, for deceiving Cicero. Caesar advised him to yield, for fear he might perish if he remained where he was: and in order to have it believed the more readily that he was doing this through good will, he promised that the other should employ him as helper, so that he might retire from Clodius's path not with reproach and as if under examination, but in command and with honor.
Pompey, however, turned him aside from this course, calling the act outright desertion, and uttering insinuations against Caesar to the effect that through enmity he was not giving sound advice; for his own counsel, as expressed, was for Cicero to remain and come to the aid of the senate and himself with outspokenness, and to defend himself immediately against Clodius: the latter, he declared, would not be able to accomplish anything with the orator present and confronting him and would furthermore meet his deserts, and he, Pompey, would coöperate to this end. After these speeches from them, modeled in such a way not because the views of the two were opposed, but for the purpose of deceiving the man without arousing his suspicion, Cicero attached himself to Pompey. Of him he had no previous suspicion and was thoroughly confident of being rescued by his assistance. Many men respected and honored him, for numerous persons in trouble were saved some from the judges and others from their very accusers. Also, since Clodius had been a relative of Pompey's and a partner of his campaigns for a long period, it seemed likely that he would do nothing that failed to accord with his wishes. As for Gabinius, Cicero expected that he could count on him absolutely as an adherent, being a good friend of his, and equally on Piso because of his regard for right and his kinship with Caesar. [-16-] On the basis of these calculations, then, he hoped to win (for he was confident beyond reason even as he had been terrified without investigating), and in fear lest his withdrawal from town should seem to have been the result of a bad conscience, he paid heed to Pompey, while stating to Caesar that he was considerably obliged to him.
Thus it came about that the victim of the deceit continued his preparations to administer a stinging defeat to his enemies. For, in addition to the encouraging circumstances already mentioned, the knights in convention sent to the consuls and senate on the Capitol [B.C. 58 (a.u. 696)] envoys in his behalf from their own number, and the senators Quintus Hortensius and Gaius Curio. One of the many ways in which Ninnius, too, assisted him was to urge the populace to change their garb, as if for a universal disaster. And many even of the senators did[42] this and would not change back until the consuls by edict rebuked them.
The forces of his adversaries were more powerful, however. Clodius would not allow Ninnius to take any action in his behalf, and Gabinius would not grant the knights access to the senate; on the contrary, he drove one of them, who was very insistent, out of the city and chided Hortensius and Curio for having come before them when they were assembled and having undertaken the embassy. Moreover Clodius led them before the populace where they were well thrashed and beaten for their embassy by some appointed agents. After this Piso, though he seemed well disposed toward Cicero and had advised him to slip away beforehand on seeing that it was impossible for him to attain safety by other means, nevertheless, when the orator took offence at this counsel, came before the assembly at the first opportunity—he was too feeble most of the time—and to the question of Clodius as to what opinion he held regarding the proposed measure said: "No deed of cruelty or sadness pleases me." Gabinius, too, on being asked the same question, not only praised Clodius but indulged in invectives against the knights and the senate.
[-17-] Caesar, however (whom since he had taken the field Clodius could make arbiter of the proposition only by assembling the throng outside the walls), condemned the lawlessness of the action taken in regard to Lentulus, but still did not approve the punishment proposed for it. Every one knew, he said, all that had been in his mind concerning the events of that time—he had cast his vote for letting the men live—but it was not fitting for any such law to be drawn up touching events now past. This was Caesar's statement; Crassus showed some favor to Cicero through his son but himself took the side of the multitude. Pompey kept promising the orator assistance, but by making various excuses at different times and arranging purposely many journeys out of town failed to defend him.
Cicero seeing this was frightened and again undertook to resort to arms,—among other things he did was to abuse Pompey openly with insults—but was prevented by Cato and Hortensius, for fear a civil war might result. Then at last, against his will, with shame and the ill-repute of having gone into exile voluntarily, as if conscience-stricken, he departed. Before leaving he ascended the Capitol and dedicated a little image of Minerva, whom he styled "protectress." It was to Sicily that he secretly betook himself. He had once been governor there, and entertained a lively hope that he would be honored among its towns and private citizens and by its rulers.
On his departure the law took effect; so far from meeting with any opposition, it was supported, as soon as he was once out of the way, by those very persons (among others) who were thought to be the foremost movers in Cicero's behalf. His property was confiscated, his house was razed to the ground, as though it had been an enemy's, and its foundation was dedicated for a temple of Liberty. Upon the orator himself exile was imposed, and a continued stay in Sicily was forbidden him: he was banished three thousand seven hundred and fifty stadia[43] from Rome, and it was further proclaimed that if he should ever appear within those limits, both he and those who harbored him might be killed with impunity.