By Gordon P. Kelly
Roman senators and equestrians have been continually liable to prosecution for his or her respectable behavior, specially considering politically influenced accusations have been universal. whilst charged with against the law in Republican Rome, such males had a call referring to their destiny. they can both stay in Rome and face attainable conviction and punishment, or move into voluntary exile and steer clear of felony sentence. for almost all of the Republican interval, exile was once no longer a proper felony penalty contained in statutes, even though it used to be the sensible end result of such a lot capital convictions. regardless of its value within the political enviornment, Roman exile has been a missed subject in sleek scholarship. This learn examines all points of exile within the Roman Republic: its old improvement, technical felony matters, the opportunity of recovery, in addition to the consequences of exile at the lives and households of banished males.
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Extra resources for A History of Exile in the Roman Republic
100. Cambridge Books Online © Cambridge University Press, 2009 40 exilium: legal and historical issues certain crimes. Scholarly opinion is divided on when this change took place. 90 The chief evidence for this view comes from the extracts of Imperial jurists.
Profecto C. Marius, seditionis auctor . . aqua et igni interdixit (Metellus went into voluntary exile at Rhodes. C. Marius, the originator of the discord, actually interdicted him from fire and water). Crif`o, Ricerche, 280–288. ” Greenidge (Legal Procedure, 351) also sees the provision that the consuls pronounce the interdictio as unusual. C. Mackay, The Judicial Legislation of Gaius Sempronius Gracchus (Harvard Dissertation, 1994), 139. Mackay is correct in asserting that as a plebiscite, the aquae et ignis interdictio could be used as the concilium plebis wished.
2, “Exules in Italia: The Cases of Oppianicus and Q. , Caec. 100: exsilium enim non supplicium est sed perfugium portusque supplicii . . itaque nulla in lege nostra reperietur, ut apud ceteras civitates, maleficium ullum exsilio esse mulctatum (Exile is not a punishment, but a sanctuary and refuge from punishment. Thus in no law of ours is exile found as punishment for any offense, as it is among other nations). Cicero delivered this speech in 69; six years later his own lex Tullia de ambitu would initiate the use of exile as a penalty, albeit for a period of ten years.
A History of Exile in the Roman Republic by Gordon P. Kelly