Nevertheless, no one, not even Cato, could delude himself into thinking that the College of Pontiffs would condemn Clodius to death. Consequently, the law proposed to constitute a special tribunal,—which would not be that of the Pontiffs, nor the usual jury, chosen by lot. The Prætor would himself constitute it, choosing it from the panel of judges. It was hoped in this way to contrive a Court which would condemn Clodius at least to exile. It is not difficult to realise how daring and dangerous it was to propose such a _privilegium_, as the Romans used to call exceptional laws, in times of uproar like those, and in the midst of the fierce discords which already for so many reasons were splitting up the Roman aristocracy. But the indignation and commotion of the public, superstitious and fearful as it was, were too lively. Cæsar himself had felt the necessity of throwing a sop to the public by divorcing Pompeia; and the Senate dared not reject the rash proposal, even though many wise men, like Cicero, thought that it would be more prudent to let Clodius fry in his own grease. The two Consuls were invited to draft the law and to get it approved by the people. From this moment, however, difficulties began; and, in a few weeks, the prosecution of Clodius assumed a new aspect. It became a political matter. That the act he had committed was an abominable one, no one in Rome denied; but that in order to secure his punishment a law should be passed which would not only be a special one, but—most important point of all—would introduce the principle of the selection of judges by the Prætor,—no, to this the Popular, Democratic party could not consent. Always concerned not to leave in the hands of Sulla’s party, which was still so powerful in the Senate and throughout the Republic, too many weapons to employ against their enemies, the Popular party had recently taken to demanding with the utmost emphasis the most rigorous observance of legal forms, especially in proceedings in the law-courts, which were such a convenient means, in the hands of the preponderant party, of getting rid of the latter’s adversaries. In fact, at that moment the Popular party had begun an agitation against the illegalities committed in the course of the repression of Catiline’s conspiracy. This law, therefore, sounded like a challenge. As a matter of fact, of the two Consuls whose duty it was to bring it forward, one, Marcus Pupius Piso, though he had not dared resist the proposal openly in the Senate, was opposed to it; and, while he made a show of obeying the orders of the Senate and actually did, with his colleague, propose the law, he busied himself behind the scenes to secure its rejection. The other Consul, Marcus Valerius Messala, on the other hand, was an enthusiastic supporter of the law; but it was whispered about that a tribune of the _plebs_, if the law was brought forward, would veto it. Clodius and his relations worked away vigorously.