Cato, however, insisted on a prosecution. Messala, one of the consuls, was equally peremptory. The hesitation was regarded by the stricter senators as a scandal to the order; and in spite of the efforts of the second consul Piso, who was a friend of Clodius, it was decided that a bill for his indictment should be submitted to the assembly in the Forum. Clodius, it seems, was generally popular. No political question was raised by the proceedings against him; for the present his offence was merely a personal one; the wreck of Catiline's companions, the dissolute young aristocrats, the loose members of all ranks and classes, took up the cause, and gathered to support their favorite, with young Curio, whom Cicero called in mockery _Filiola_, at their head. The approaches to the Forum were occupied by them. Piso, by whom the bill was introduced, himself advised the people to reject it. Cato flew to the Rostra and railed at the consul. Hortensius, the orator, and many others spoke on the same side. It appeared at last that the people were divided, and would consent to the bill being passed, if it was recommended to them by both the consuls. Again, therefore, the matter was referred to the Senate. One of the tribunes introduced Clodius, that he might speak for himself. Cicero had now altered his mind, and was in favor of the prosecution. [Sidenote: February, B.C. 61.] The "pretty youth" was alternately humble and violent, begging pardon, and then bursting into abuse of his brother-in-law, Lucullus, and more particularly of Cicero, whom he suspected of being the chief promoter of the proceedings against him. When it came to a division, the Senate voted by a majority of four hundred to fifteen that the consuls must recommend the bill. Piso gave way, and the tribune also who had been in Clodius's favor. The people were satisfied, and a court of fifty-six judges was appointed, before whom the trial was to take place. It seemed that a conviction must necessarily follow, for there was no question about the facts, which were all admitted. There was some manoeuvring, however, in the constitution of the court, which raised Cicero's suspicions. The judges, instead of being selected by the praetor, were chosen by lot, and the prisoner was allowed to challenge as many names as he pleased. The result was that in Cicero's opinion a more scandalous set of persons than those who were finally sworn were never collected round a gaming table--"disgraced senators, bankrupt knights, disreputable tribunes of the treasury, the few honest men that were left appearing to be ashamed of their company"--and Cicero considered that it would have been better if Hortensius, who was prosecuting, had withdrawn, and had left Clodius to be condemned by the general sense of respectable people, rather than risk the credit of Roman justice before so scandalous a tribunal.[1] Still the case as it proceeded appeared so clear as to leave no hope of an acquittal. Clodius's friends were in