LXV. A Senate being formed, upon the proposition of Cato they came to a resolution to put no Roman to death except in battle, and not to plunder any city that was subject to the Romans, which increased still further the popularity of the party of Pompeius; for those who were unconcerned about the war by reason of being far removed from it or who were disregarded on account of their weakness, gave Pompeius the benefit of their good wishes at least, and as far as words could go contended on his behalf in favour of the right, considering every man an enemy to gods and to men who did not wish Pompeius to be victorious. Cæsar also showed much moderation in his success, for after he had captured and defeated the forces of Pompeius in Iberia,[358] he let the generals go and employed the troops. After crossing the Alps again and hurrying through Italy, he arrived at Brundisium about the winter solstice. He then crossed the sea and putting in at Oricum sent Jubius,[359] a friend of Pompeius, who was his prisoner, to Pompeius[360] to propose that they should both meet together on the third day, disband all their forces, and after being reconciled and confirming their union by oath, return to Italy. Pompeius again considered this to be an ambuscade, and hastily going down to the sea he took possession of the posts and places which presented very strong positions for an army; he also seized the naval stations and landing places which were favourable for those who came by sea, so that every wind which blew brought to Pompeius corn or troops or money; but Cæsar being confined in straits both on the sea and land side was of necessity glad to fight, and he attacked the lines of Pompeius and continually provoked him to battle, in which Cæsar had generally the advantage and the superiority in the skirmishing. But on one occasion he narrowly escaped being completely crushed and losing his army, for Pompeius fought with great courage and routed all the enemy, who lost two thousand men; but he was either unable or was afraid to force his way into Cæsar's camp and to enter with the fugitives, which made Cæsar say to his friends, "To-day the victory would have been with the enemy, if they had had a commander who knew how to conquer."