This barbarous punishment continued to be inflicted sometimes even at a later period, when it was expressly mentioned in the verdict that the criminal should be punished _more majorum_. _Animadvertere_ is the proper expression for the infliction of bodily punishment by a lictor, who _has to pay attention to his orders_; but it is also used of the person who gives the order, and causes it to be carried into effect, just as _interficere_ is said both of the executioner and the person who orders a man to be put to death. [260] This law, proposed by one Porcius, and passed by the people, forbade the scourging of Roman citizens on the naked body; so that, after the passing of that law, an execution consisted simply in beheading a criminal with the sword; and if he was a soldier, flogging took the place of scourging. The celebrated M. Porcius Cato, about B. C. 160, recommended this bill to the people; but it was not he who proposed it, but an unknown person of the name of Porcius, probably a tribune of the people. [261] There were no Roman laws forbidding capital punishment, or substituting exile in its place, and for this reason Caesar does not refer to any such law. He supports his view only by the circumstance that, in all the more recent laws, especially in the criminal law of Sulla, exile (_interdictio aquae et ignis_) was fixed upon as the extreme penalty; and that according to the usual indulgence (not sanctioned by any law), accused persons, if they denied being guilty, and were defended by some one, remained in the enjoyment of their freedom until the sentence was passed. Thus it happened that a person, foreseeing his condemnation, might quit the Roman territory, and take up his abode within the territory of some town or city where the Roman law was not in force, and where the Roman state placed no obstacles in his way. [262] 'How is it consistent?' Respecting _qui_ for _quomodo_ or _quo pacto_, see Zumpt, S 133, note. The _minus negotium_ is the scourging, and the _majus negotium_ the execution. [263] _At enim_ introduces an objection raised by the orator himself. _At_ represents the objection, and _enim_ introduces an explanation of it. See Zumpt, S 349. [264] Caesar means to say that the present senate, which, as he flatteringly says, consists of worthy men, will not abuse the power of putting Roman citizens to death; but that a subsequent senate, taking such an example as a precedent, might abuse its power. It must be observed that the Roman senate possessed the power over the life and death of citizens, not by virtue of legal enactments, but only by ancient custom. This power legally belonged only to the people assembled in the Comitia Centuriata, or to those to whom the people expressly intrusted it--namely, the ordinary and extraordinary courts of justice.