By Gordon P. Kelly

Roman senators and equestrians have been regularly prone to prosecution for his or her reliable behavior, particularly on the grounds that politically encouraged accusations have been universal. while charged with a criminal offense in Republican Rome, such males had a decision relating their destiny. they can both stay in Rome and face attainable conviction and punishment, or pass into voluntary exile and keep away from felony 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 final result of so much capital convictions. regardless of its significance within the political area, Roman exile has been a missed subject in smooth scholarship. This learn examines all elements of exile within the Roman Republic: its historic improvement, technical felony matters, the potential for recovery, in addition to the consequences of exile at the lives and households of banished males.

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A History of Exile in the Roman Republic

Roman senators and equestrians have been regularly at risk of prosecution for his or her reputable behavior, specially for the reason that politically stimulated accusations have been universal. whilst charged with a criminal offense in Republican Rome, such males had a decision relating their destiny. they can both stay in Rome and face attainable conviction and punishment, or cross into voluntary exile and keep away from criminal sentence.

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Lintott, Imperium Romanum (London, 1993), 68; Cloud, “The Constitution and Criminal Law,” 493–494; Greenidge, Legal Procedure, 411–414. 35; Greenidge, Legal Procedure, 363 and 577. Cambridge Books Online © Cambridge University Press, 2009 36 exilium: legal and historical issues Cicero – date to the period before Sulla’s reformation of the Roman legal system. Even Cicero’s outlawry was unrelated to the Sullan courts. 74 While similar to the aquae et ignis interdictio, the tribunician edict referred to in Cicero’s Verrine oration was different in nature.

82), Metellus Numidicus in 100 (App. 31; Plut. Mar. 29; Liv. Per. , Cic. 32; Cic. Dom. 47). Cambridge Books Online © Cambridge University Press, 2009 aquae et ignis interdictio 33 civitate plebiscito eiectus (for the same charge as Caepio, Cn. Mallius was ejected from the state by a plebiscite proposed by L. 64 Clearly, this reference to a rogatio of the tribune Saturninus and the ensuing plebiscite demonstrates that these men were outlawed. For the majority of cases of exilium in the Roman Republic, the sources are silent about the aquae et ignis interdictio.

In speaking of his own outlawry, Cicero claims that Clodius’ bill failed to contain a customary clause excluding him from the senate. ” The Lex Iulia municipalis of 45 prohibits those condemned by iudicia publica at Rome from holding municipal offices: C. G. Bruns, Fontes Iuris Romani Antiqui (T¨ubingen, 1909), 108, lines 118–119. The language of this law echoes the tribunician edict reported by Cicero: . . queive iudicio publico Romae condemnatus est erit, quo circa eum in Italia esse non liceat .

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