In the meantime four of the five Macedonian legions had joined Antony at Brundusium. They blamed him because he had not proceeded against the murderers of Cæsar. They conducted him without applause to the platform, implying that they required explanations on this subject first. Antony was angry at their silence. He did not keep his temper, but charged them with ingratitude in that they had expressed no thanks for being transferred from the Parthian expedition to Italy. He blamed them because they had not arrested and delivered to him the emissaries of a rash boy (for so he called Octavius) who had been sent among them to stir up discord. But he would find them out, he said. He would lead the army to the province voted to him, the fair Gallic country, and would give 100 drachmas to each man present. They laughed at his parsimony, and when he became angry they broke out in tumult and went away. Antony rose and departed, saying, "You shall learn to obey orders." Then he required the military tribunes to bring before him the fomenters of the sedition (for it is customary in Roman armies to keep at all times a record of the character of each man). From these he chose by lot a certain number according to military law, and he put to death not every tenth man, but a smaller number, thinking to strike terror into the rest by means of the few. But the others were turned to rage and hatred instead of fear by this act.This execution of soldiers at Brundusium is mentioned by Cicero in the third Philippic (4), where he says that the number of soldiers put to death was 300. In the fifth Philippic (8) he gives a more particular account of the affair, saying: " What did his (Antony's) journey to Brundusium mean? Why such haste? What did he hope to do unless to lead a great army to the city, or rather into the city ? Why that casting of lots by the centurions and that fierce outbreak of uncontrollable temper? When our bravest legions exclaimed against his promises, he commanded those centurions to come to his house whose strong attachment to the republic he was acquainted with, and there at his own feet, and at the feet of his wife, whom this austere general took with him to the army, he caused them to be killed." These soldiers were clearly mutineers, and Antony did not exceed his authority in punishing them; but mutiny and "going over to the enemy" were so common at that time that each man measured the turpitude of the act by its bearings on his own party.

In view of these facts the men whom Octavius had sent to tamper with the soldiers distributed the greatest possible number of handbills throughout the camp, reflecting on Antony's stinginess and cruelty, recalling the memory of the elder Cæsar and urging them to share the service of the younger one and his liberal gifts. Antony tried to find these emissaries by means of rewards to informers and threats against those who abetted them, but as he caught no one he became angry, believing that the soldiers concealed them. When the news came of what Octavius was doing among the colonized veterans and at Rome, he became alarmed, and going before the army again he said that he was sorry for what he had been compelled by military discipline to do to a few instead of the much larger number who were punishable by law, and that they must know very well that Antony was neither cruel nor stingy. Let us lay aside ill-will," he continued, "and rest satisfied with these faults and punishments. The 100 drachmas which I have ordered to be given you is not my donative, for that would be unworthy of the fortune of Antony, but rather the salutation of our first meeting than a full reward, but it is necessary to obey the laws of our country, and of the army, in this affaire)s ta/de au)tw=|: words not translatable. Mendelssohn suggests e)s to/de au)to\. as in all others." When he had thus spoken he did not as yet add anything to the donative, that it might not seem that as general he had yielded anything to the army. Whether moved by penitence or by fear they took what was given them. Antony, being still angry at the outbreak, or from some other suspicion, changed their tribunes. The remainder he treated well because he had need of their services, and he sent them forward by detachments along the sea-coast toward Ariminum.

Antony chose from the whole number a prætorian cohort of the men who were best in body and character and marched to Rome, intending to push on thence toward Ariminum. He entered the city in a haughty manner leaving his squadron of horse encamped outside the walls. But the troops that accompanied him were girded as for war, and they mounted guard over his house at night under arms,In the fifth Philippic (6), which was delivered on the first of January, Cicero refers to this irruption of armed men in indignant terms: "Will it not be advertised with the deepest shame, and by the records of our order, to the memory of posterity, that since the foundation of the city Antony alone had himself surrounded by armed men within its walls -- something that neither the kings, nor those who sought to exercise royal power after their expulsion, ever did? I can remember Cinna; I have seen Sulla and lately Cæsar. These three men have been more powerful than the whole republic at any time since the commonwealth was made free by Lucius Brutus. I cannot affirm that their satellites were without arms, but I can say that if they had any they were few and concealed, but a whole troop of armed men followed this wretch." It detracts somewhat from the force of these words that for want of an armed guard Cæsar was murdered only a few months before, in the presence of the very men to whom Cicero was speaking, and that Cicero applauded the act. and he gave them a countersign and relieved them regularly, just as in a camp. He convoked the Senate in order to make complaint of the acts of Octavius, and just as he was entering it he learned that the so-called Martian legion, one of the four on the road, had gone over to Octavius. While he was waiting at the entrance cogitating over this news it was announced to him that another legion, called the Fourth, had followed the example of the Martian and espoused the side of Octavius. Disconcerted as he was he entered the senate-house, pretending that he had convened them about other matters, said a few words, and immediately departed to the city gates, and thence to the town of Alba,Alba was only fifteen miles from Rome. The Martian legion had halted here and revolted from Antony. (Cicero, iii. 3.) in order to persuade the deserters to come back to him. They shot arrows at him from the walls, and he retreated. To the other legions he forwarded 500 drachmas per man. With the soldiers he had with him he marched to Tibur,The modern Tivoli. taking the apparatus customary to those who are going to war; for war was now certain, since Decimus Brutus had refused to give up Cisalpine Gaul.

While Antony was at Tibur nearly all the Senate, and the greater part of the knights, and the most influential plebeians, came there to do him honor.In the thirteenth Philippic (9) Cicero refers to this meeting as "that pestilent assemblage at Tibur," but he makes it take place before the revolt of the two legions. In the fifth Philippic (9) he says that when Antony heard of the revolt of the legions "just after he had convoked the Senate, and procured a man of consular rank to propose that Octavius be declared a public enemy, he immediately fainted away." This is doubtful. Antony was not one of the fainting kind, but Cicero was prone to exaggeration. These persons, arriving while he was swearing into his service the soldiers present and also the discharged veterans who had flocked in (of whom there was a goodly number), voluntarily joined in taking the oath that they would not fail in friendship and fidelity to Antony; so that one would have been at a loss to know who were the men who, a little before, had decried Antony at Octavius' public meeting. With this brilliant send-off Antony started for Ariminum, which lies on the border of Cisalpine Gaul. His army, exclusive of the new levies, consisted of three legions summoned from Macedonia (for the remainder had now arrived). There were also some discharged veterans, old men, who appeared nevertheless to be worth twice as much as the new levies. Thus Antony had four legions of well-disciplined troops, and the helpers who usually accompanied them, besides his body-guard and the new levies. Lepidus in Spain with four legions, Asinius Pollio with two, and Plancus in Transalpine Gaul with three, seemed likely to espouse the side of Antony.

Octavius had two legions equally efficient, which had deserted from Antony to him, also one legion of new levies and two of discharged veterans, not complete in numbers or in arms, but filled up with new recruits. He brought them all to Alba and there communicated with the Senate, which congratulated him in such a way that now one would have been at a loss to know who were those who had lately ranged themselves with Antony; but it regretted that the legions had not come over to the Senate itself instead of to him. It praised them and Octavius nevertheless, and said that it would vote them whatever was needful as soon as the new magistrates should enter upon their duties. It was plain that the Senate would use these forces against Antony; but having no army of its own anywhere, and being unable to levy one without consuls, it adjourned all business until the new consuls should come in.The new consuls were Hirtius and Pansa. They had been designated in advance by Cæsar and succeeded to the office by virtue of the decree of the Senate confirming all of Cæsar's acts.

The soldiers of Octavius furnished him lictors provided with fasces and urged him to assume the title of proprætor, carrying on war and leading themselves, since they were always marshalled under magistrates. He thanked them for the honor, but referred the matter to the Senate. When they wanted to go before the Senate en masse he prevented them and would not even allow them to send messengers, believing that the Senate would vote these things to him voluntarily; "and would do this all the more," he said, "if they know of your zeal and my hesitation." They were reconciled to this course with difficulty. The leading officers complained that he disdained them, and he explained to them that the Senate was moved not so much by good-will toward him as by fear of Antony and the want of an army; "and that will be the case," he continued, "until we humble Antony, and until the murderers, who are friends and relatives of the senators, collect a military force for them. Knowing these facts I falsely pretend to be serving them. Let us not be the first to expose this false pretence. If we usurp the office they will accuse us of arrogance and violence, whereas if we are modest they will probably give it of their own accord, fearing lest I accept it from you." After he had thus spoken he witnessed some military exercises of the two legions that had deserted from Antony, who ranged themselves opposite each other and gave a complete representation of a battle, except only the killing. Octavius was delighted with the spectacle and was pleased to make this a pretext for distributing 500 drachmas more to each man, and he promised that in case of war he would give them 5000 drachmas each if they were victorious. Thus, by means of lavish gifts, did Octavius bind these mercenaries to himself. Such was the course of events in Italy.

In Cisalpine Gaul Antony ordered Decimus Brutus to withdraw to Macedonia in obedience to the decree of the Roman people, and for his own good. Decimus, in reply, sent him the letters that had been furnished him by the Senate, as much as to say that he cared no more for the command of the people than Antony did for that of the Senate. Antony then fixed a day for his compliance, after which he should treat him as an enemy. Decimus advised him to fix a later day lest he (Antony) should too soon make himself an enemy to the Senate. Although Antony could have easily overcome him, as he was still in the open country, he decided to proceed first against the cities. These opened their gates to him. Decimus, fearing lest none of them should be opened to him, fabricated letters from the Senate calling him to Rome with his army and retired towards Italy, welcomed by all as he passed along, until he arrived at the wealthy city of Mutina.The modern Modena. Here he closed the gates and possessed himself of the property of the inhabitants for the support of his army. He slaughtered and salted all the cattle he could find there in anticipation of a long siege, and he awaited Antony. His army consisted of a large number of gladiators and three legions of infantry, one of which was composed of new recruits as yet inexperienced. The other two had served under him before and were entirely trustworthy. Antony advanced against him with fury, drew a line of circumvallation around Mutina, and laid siege to Decimus. Y.R. 711

In Rome, at the beginning of the new year, the consuls, Hirtius and Pansa, convened the Senate on the subject of Antony immediately after the sacrifices had been B.C. 43 performed and in the very temple. Cicero and his friends urged that Antony be now declared a public enemy, since he had seized Cisalpine Gaul with an armed force against the will of the Senate and made of it a point of attack on the republic, and had brought into Italy an army given to him to operate against the Thracians. They spoke also of his seeking the supreme power as Cæsar's successor, because he publicly surrounded himself in the city with such a large body of armed centurions, and converted his house into a fortress with arms and countersigns, and had borne himself more haughtily in other respects than was befitting a yearly magistrate. Lucius Piso, who had charge of Antony's interests in his absence, a man among the most illustrious in Rome, and others who sided with him on his own account, or on Antony's, or because of their own opinion, contended that Antony ought to have a trial, that it was not the custom of their ancestors to condemn a man unheard, that it was not decent to declare a man an enemy to-day who was a consul yesterday, and especially one whom Cicero himself as well as the rest had so often lavishly praised. The Senate, which was about equally divided in opinion, remained in session till night. Early the next morning it reassembled to consider the same question and then the party of Cicero was in the majority and Antony would have been voted a public enemy had not the tribune Salvius adjourned the sitting to the following day; for among the magistrates the one who has the veto power always prevails.

The Ciceronians heaped gross reproaches and insultsw)nei/dizo/n te kai\ e)nu/brizon: "heaped reproaches and insults." The first three of these words are not in any printed text except that of Mendelssohn, who finds them in the Vatican codex. on Salvius for this, and sallied out among the plebeians to excite them against him and summoned him to answer before them. He set forth to obey the summons undismayed until he was restrained by the Senate, which feared lest he should change the people around by recalling Antony to their memory; for the senators well knew that they were condemning an illustrious man without a trial, and that the people had given him this very Gallic province. But since they feared for the safety of the murderers they were angry with Antony because he had made the first movement against them after the amnesty, for which reason the Senate had previously needed the help of Octavius against him. Although Octavius knew this he desired nevertheless to take the lead in humbling Antony. Such were the reasons why the Senate was angry with Antony. Although the vote on him was adjourned by the command of the tribune, they passed a decree praising Decimus for not abandoning Cisalpine Gaul to Antony, and directing Octavius to assist the consuls, Hirtius and Pansa, with the army he now had. They awarded him a gilded statue and the right to declare his opinion among the consulars in the Senate even now, and the right to stand for the consulship itself ten years before the legal period, and voted from the public treasury to the legions that deserted from Antony to him the same amount that he had promised to give them if they should be victorious. After passing these decrees they adjourned, thinking that Antony would in fact know from the votes taken that he was declared a public enemy and believing, also, that on the following day the tribune would no longer interpose his veto. The mother, the wife, and the son of Antony (who was still a young man), and his other relatives and friends went around the whole night visiting the houses of influential men and beseeching them. In the morning they put themselves in the way of those going to the senate-house, fell at their feet with wailing and lamentation and in mourning garments, crying out alongside the doors. Some of the senators were moved by these cries, this spectacle, this so sudden change of fortune. Cicero, fearing the result, addressed the Senate as follows: --

"What decision ought to be reached concerning Antony we determined yesterday. When we bestowed honors on his enemies we thereby voted him an enemy. Salvius, who alone interrupted the proceedings, must either have been wiser than all the rest, or moved to do so by private friendship, or by ignorance of present circumstances. It would be most disgraceful to us, on the one hand, if all should seem to know less than one, and to Salvius, on the other hand, if he should prefer private friendship to the public weal. If he is not well acquainted with the present circumstances he ought to repose confidence in the consuls, rather than in himself, in the prætors, in his fellow-tribunes, and the other senators, so imposing in dignity and in numbers, so much his superiors in age and experience, who have condemned Antony. In our elections and in our jury trials justice is ever on the side of the majority. If it be needful still to acquaint him with the reasons for our action I will briefly recount the principal ones by way of reminder. At Cæsar's death Antony possessed himself of our money. Having been invested with the government of Macedonia by us he seized upon that of Cisalpine Gaul without our authority. Having received an army to operate against the Thracians he brought it into Italy against us instead. Each of these powers with his own secret motives he asked from us, and when they were refused he acted on his own authority. At Brundusium he organized a royal cohort for his own use and openly made men-at-arms his private guards and night watchmen, serving under a countersign. The whole remainder of the army he led from Brundusium to the city, aiming by a shorter path at the same designs that Cæsar contemplated. Being anticipated by the younger Cæsar and his army he became alarmed and turned his course to the Gallic province as a convenient point of attack on us, just as Cæsar found it when he made himself our master.

"In order to intimidate the soldiers to do every unlawful act he should order, he decimated them although they had not revolted and had not abandoned their watch or their ranks in time of war, for which offences alone military law allows such cruel punishment, which only a few generals have visited upon their soldiers and with reluctance, in cases of extreme peril, as a matter of necessity. These citizens Antony put to death for a word or a laugh when they had not been regularly condemned but chosen by lot. For this reason those who could do so revolted from him, and you yesterday voted them a donative as well-doers. Those who could not desert joined him in wrong-doing under the influence of fear, marched against our province as enemies, and besieged our army and our general, to whom you sent letters directing him to hold the province. Antony now orders him to evacuate it. Are we voting Antony an enemy, or is he already making war against us? And these things our tribune is still ignorant of, and will remain so until Decimus is overthrown and this great province on our border, together with the army of Decimus, is added to the resources with which Antony hopes to attack us. I suppose that the tribune will vote Antony an enemy as soon as the latter becomes more powerful than we are."The fifth Philippic of Cicero was delivered in the Senate on the first day of January, 711, and the sixth to a popular assembly on the fourth day of the same month. They bear only slight resemblance to this speech, but are fierce invectives against Antony.

Scarcely had Cicero finished speaking when his friends broke forth in such tumultuous applause that for a long time nobody could be heard on the other side, until finally Piso came forward, when the senators, out of respect for him, became silent and even the Ciceronians restrained themselves. Then Piso said: " Our law, Conscript Fathers, requires that the accused shall himself hear the charge preferred against him and shall be judged after he has made his own defence; and for the truth of this I appeal to Cicero, our greatest orator. Since he hesitates to accuse Antony when present, but brings against him in his absence certain charges which he considers of the greatest gravity, and not open to doubt, I have come forward to show, in the fewest words, that these charges are false. He says that Antony converted the public money to his own use after Cæsar's death. The law declares such a person to be a thief, not a public enemy, and limits his punishment accordingly. After Brutus had killed Cæsar he accused the latter before the people of plundering the public money and leaving the treasury empty. Soon afterward Antony proposed a decree to investigate these matters and you adopted and confirmed his motion and promised a reward of one-tenth to informers, which reward we will double if anybody will prove that Antony had any part in the fraud. So much for the charge in reference to money.

"We did not vote the governorship of Cisalpine Gaul to Antony. The people gave it to him by a law, Cicero being present; just as other provinces had often been given, and as this same governorship had previously been given to Cæsar. It was a part of this law that, when Antony should arrive at the province given to him, if Decimus would not yield it Antony should declare war and lead the army into the Gallic province against him, instead of using it against the Thracians, who were still quiet. But Cicero does not consider Decimus, who is bearing arms against the law, an enemy, although he considers Antony an enemy who is fighting in accordance with law. He who accuses the law itself accuses the authors of the law, whom he ought to change by persuasion, not to insult after having himself agreed with them.This is absurd and impossible. The Epitome of Livy (cxvii.) says that the law for the exchange of provinces was passed by Antony by violence. It was probably among those mentioned by Cicero in the fifth Philippic (3 and 4) as passed under military compulsion and in violation of the auspices. Not only was a tremendous thunder-storm raging "so that Jove himself seemed to be prohibiting it by clamor from the skies," but the approaches to the forum were so fenced in "that it would have been impossible to gain entrance without tearing down the barricade even if no armed soldiers had stood in the way." He ought not to intrust the province to Decimus, whom the people drove out of the city on account of the murder, while refusing to intrust to Antony what the people gave to him. It is not the part of good counsellors to be at variance with the people, especially in times of danger, or to forget that this very power of deciding who are friends and who are enemies formerly belonged to the people. According to the ancient laws the people are the sole arbiters of peace and war. Heaven grant that they may not be reminded of this, and consequently be angry with us when they have found a leader.

"But it is said that Antony put certain soldiers to death. Being commander-in-chief he was empowered to do so by you. No commander has ever rendered an account of such matters. The laws do not consider it expedient that the general should be answerable to his soldiers. There is nothing worse in an army than disobedience, on account of which some soldiers have been put to death even after a victory, and no one called to account those who killed them. None of their relatives complain now, but Cicero complains and while accusing Antony of murder stigmatizes him as a public enemy, instead of calling for the punishment prescribed for murderers. The desertion of two of his legions shows how insubordinate and arrogant Antony's army was--which legions you had voted that he should command, and who deserted, in violation of military law, not to you, but to Octavius. Nevertheless Cicero praised them and yesterday proposed that they be paid out of the public treasury. Heaven grant that this example may not plague you hereafter. Hatred has betrayed Cicero into inconsistency, for he accused Antony of aiming at supreme power and yet punishing his soldiers, whereas such conspirators are always lenient, not severe, toward the men serving under them. As Cicero does not hesitate to arraign as tyrannical all the rest of Antony's administration since Cæsar's death, come, let me examine his acts one by one.

"Whom has Antony put to death in a tyrannical manner without trial--he who is now in danger of being condemned unheard? Whom has he banished from the city? Whom has he slandered in our presence? Or, if innocent toward us individually, has he conspired against all of us collectively? When, O Cicero? Was it when he carried through the Senate the act of amnesty for the past? Was it when he abstained from prosecuting anybody for the murder? Was it when he moved an investigation of the public moneys? Was it when he proposed the recall of Sextus Pompey, the son of your Pompey, and payment for his father's confiscated property out of the public treasury? Was it when he seized that conspirator, the false Marius, and put him to death, and you all applauded? And because you did so it was the only act of Antony that Cicero did not calumniate. Was it when he brought in a decree that nobody should ever propose a dictatorship, or vote for it, and that anybody disobeying the decree might be killed with impunity by any one who wished? These are the public acts that Antony performed for us during two months the only months that he remained in the city after Cæsar's death, the very time when the people were pursuing the murderers and you were apprehensive of the future. If he were a villain what better opportunity could he have had? But it is said that he was not in a condition to do otherwise.a)ll' e)s ta\ e)nanti/a ou)k h)=rxe, an obscure sentence. Combes-Dounous suggested h)/rkei in place of h)=rxe, a change approved by Bekker and Mendelssohn. How? Did he not exercise the sole authority after Dolabella departed for Syria? Did he not have an armed force in readiness in the city, one that you gave him ? Did he not patrol the city by night ? Was he not guarded at night against any conspiracy of his enemies? Did he not have an excuse for this in the murder of Cæsar, his friend and benefactor, the man most beloved by the common people ? Did he not have another of a personal kind in the fact that the murderers conspired against his life also? None of them did he kill or banish, but pardoned them what he could in decency, and did not begrudge them the governorships that were offered to them. Ye behold then, O Romans, these very grave and indisputable charges of Cicero against Antony.

" Since, in addition to charges, surmises are introduced to the effect that Antony was about to lead an army to the city, but became alarmed because Octavius had anticipated him with another army, how does it happen that when the mere intention to do this makes a man an enemy the one who actually comes and encamps alongside of us without authority is not considered an enemy? What would have prevented Antony from coming if he had wanted to? With 30,000 troops in line was he afraid of Octavius' 3000, half-armed, unorganized, who had come together merely to gain his friendship, and who left him as soon as they knew that he had chosen them for war? If Antony was afraid to come with 30,000 how did he dare to come with only 1000? With these what a crowd of us accompanied him to Tibur! What a crowd of us voluntarily joined the soldiers in taking the oath of fidelity to him! What praises did Cicero lavish on his acts and virtues! If Antony himself contemplated any such thing [as invasion] why did he leave as pledges in our hands his mother, his wife, and his grown up son, who are even now at the door of the Senate weeping and fearful, not on account of what Antony has done, but on account of the overwhelming power of his enemies.

"These facts furnish you an example of Antony's defence and of Cicero's fickleness. I will add an exhortation to right-minded men, not to do injustice to the people or to Antony, not to expose the public interests to new enmities and dangers while the commonwealth is sick and in want of timely defenders, but to establish a sufficient force in the city to ward off danger before breeding disorder outside, to provide against attacks from every quarter, and to come to such decisions as you please when you are able to carry them into effect. How shall these ends be accomplished? By allowing Antony, as a matter of policy, or for the sake of the people, to have Cisalpine Gaul. Call Decimus thence with his three legions, and when he comes send him to Macedonia, retaining his legions here. If the two legions that deserted from Antony deserted to us, as Cicero says, let us summon them also from Octavius to the city. Thus with five legions sustaining us we might pass such decrees as we think best with entire confidence, depending on the favor of no man.

" I have addressed these words to men who listen to me without malice or the spirit of contention. Those who would excite you heedlessly and inconsiderately on account of private enmity and private strife I exhort not to come to hasty and rash decisions against the most important personages, who command strong armies, and not to force them into war against their will. Remember Marcius Coriolanus. Recall the recent doings of Cæsar, whom we rashly voted an enemy while he was in like manner leading an army and offering us the fairest terms of peace, whereby we forced him to be an enemy in fact. Have regard for the people who were lately pursuing Cæsar's murderers, lest we seem to insult them by giving those murderers the governorship of provinces, by praising Decimus for nullifying the people's law, and by voting Antony an enemy because he accepted the Gallic province from the people. For which reasons the well-wishers of the country ought to take thought for the erring, and the consuls and tribunes ought to be more than ever careful in view of the public dangers."Piso was the father of Cæsar's wife, Calpurnia. It is very doubtful whether this speech, or any other in defence of Antony, was made by him. Cicero tells us in the first Philippic (4, 6, and 7) that Piso made a strong speech on the first of August on the republican side. In a letter to Cassius ( xii. 2) he says that Piso is one of three senators whose blood Antony is seeking, the other two being P. Servilius and Cicero himself. It must be said, however, that Piso was capable of changing at any moment, for a blacker character never was painted than that which Cicero gives him in his Orations and Dion Cassius (xlvi. 1-28) says that Quintus Fufius Calenus took the lead in defending Antony in this debate. In the eighth Philippic (4-6) Cicero addresses himself to Fufius and answers arguments which the latter had made in favor of Antony in some debate. At an earlier period Fufius had been tribune and had fixed the jury which acquitted Clodius when he was tried for profaning the mysteries of the Bona Dea.