By Gordon P. Kelly
Roman senators and equestrians have been regularly prone to prosecution for his or her reputable behavior, specially on the grounds that politically prompted accusations have been universal. whilst charged with against the law in Republican Rome, such males had a call relating their destiny. they can both stay in Rome and face attainable conviction and punishment, or move into voluntary exile and stay away from criminal sentence. for almost all of the Republican interval, exile used to be no longer a proper felony penalty contained in statutes, even though it was once the sensible end result of so much capital convictions. regardless of its value within the political enviornment, Roman exile has been a ignored subject in sleek scholarship. This examine examines all aspects of exile within the Roman Republic: its old improvement, technical felony concerns, the opportunity of recovery, in addition to the results of exile at the lives and households of banished males.
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Additional resources for A History of Exile in the Roman Republic
While arguing that the lives of the captured Catilinarian conspirators should be spared, he twice refers to laws that allow exilium for condemned criminals: sed, per deos immortalis, quam ob rem in sententiam non addidisti, uti prius verberibus in eos animadvorteretur? an quia lex Porcia vetat? at aliae leges item condemnatis civibus non animam eripi sed exsilium permitti iubent. . 22 17 18 19 20 21 22 See Lintott, Constitution of the Roman Republic, 124–128 for the features of tribunician auxilium.
Dom. 78; Plut. Mar. 29; App. 31), although “shelter” is generally omitted in the sources; cf. 18. Fire and water were the symbolic material needs of life (Var. L. 62), and modern scholars generally view interdiction as removing these symbolic needs from the outcast: cf. L. M. v. “Aquae et Ignis Interdictio,” col. 308; Grasm¨uck, Exilium, 65. Another interpretation attaches a religious meaning to the interdiction of fire and water. Since fire and water symbolized purity, their use was denied the exile lest he defile them for the rest of the community: J.
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. See below, “Exile and Interdiction as a Legal Penalty” for the development of exilium as a punishment in the mid-first century.