By Gordon P. Kelly
Roman senators and equestrians have been constantly at risk of prosecution for his or her reliable behavior, specially due to the fact politically stimulated accusations have been universal. whilst charged with a criminal offense in Republican Rome, such males had a call touching on their destiny. they can both stay in Rome and face attainable conviction and punishment, or move into voluntary exile and steer clear of criminal sentence. for almost all of the Republican interval, exile was once now not 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 significance within the political enviornment, Roman exile has been a ignored subject in smooth scholarship. This research examines all elements of exile within the Roman Republic: its ancient improvement, technical criminal matters, the potential for recovery, in addition to the results of exile at the lives and households of banished males.
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Extra info for A History of Exile in the Roman Republic
H. Scullard, Roman Politics, 220–150 bc. (Oxford, 1973), 290–303, and Scipio Africanus: Soldier and Politician (Ithaca, 1970), 222–224. Cambridge Books Online © Cambridge University Press, 2009 28 exilium: legal and historical issues to Rome, he certainly would have been declared an exile like Postumius when he failed to appear in court, and his ability to return to Rome would have been barred by interdiction from fire and water. 44 This religious sanction may have found its way into secular law as a method of denying a criminal any protection of the community.
Leg. 581=ILS 18. Cf. R. A. Bauman, “The Suppression of the Bacchanals: Five Questions,” Historia 39 (1990), 334–348; Crime and Punishment, 17. See Jones, Criminal Courts, 27–28 for other quaestiones extraordinariae of the second century that may have executed condemned persons. Cambridge Books Online © Cambridge University Press, 2009 exilium as a citizen right 23 they had departed for exile to avoid capital charges. ” Furthermore, about eight years before Tubulus’ debacle, the centurion C. Cornelius was imprisoned by the triumvir capitalis C.
Yet again, the chief problem is the lack of precise terminology in the sources. To the instances where interdiction is mentioned by name, we can add a case where it is strongly suggested: the exile of the two commanders defeated at Arausio in 105: Cn. Mallius ob eandem causam quam et Caepio L. Saturnini rogatione e 60 61 62 63 Cic. Dom. 47. This view is held by Levick (“Poena Legis,” 360), although she sees the consuls as possessing the power to interdict independently of the plebs. Cf. Greenidge, Legal Procedure, 577: “ .
A History of Exile in the Roman Republic by Gordon P. Kelly