By Gordon P. Kelly
Roman senators and equestrians have been constantly at risk of prosecution for his or her authentic behavior, particularly on account that politically influenced accusations have been universal. whilst charged with a criminal offense in Republican Rome, such males had a decision pertaining to their destiny. they can both stay in Rome and face attainable conviction and punishment, or pass into voluntary exile and steer clear of criminal sentence. for almost all of the Republican interval, exile used to be now not a proper felony penalty contained in statutes, even though it was once the sensible end result of so much capital convictions. regardless of its significance within the political enviornment, Roman exile has been a ignored subject in sleek scholarship. This research examines all features of exile within the Roman Republic: its historic improvement, technical criminal concerns, the opportunity of recovery, in addition to the consequences 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
V. , Studies in Roman Law in Memory of A. Arthur Schiller (Leiden, 1986), 81–89; R. P. Saller, Patriarchy, Property, and Death in the Roman Family (Cambridge, 1994), 115–117. Cic. Att. 1; Planc. 98; cf. Fam. 4; Q. Fr. 4; Planc. 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.
Similarly, other laws command that condemned criminals not lose their lives, but be allowed exile. . the lex Porcia and other laws were established, by which exile is permitted for those found guilty. 24 In Caesar’s speech, Sallust states that escape by exile is allowed for those condemned of a crime (condemnatis, damnatis). 26 The question turns to what exactly were these “other laws” that Sallust mentions. In this discussion of a possible codified right to exile, we must take into consideration the cases where voluntary banishment was not allowed for offenders.
Unfortunately, only brief references to the aquae et ignis interdictio have come down to us. What additional provisions a plebiscite of interdiction might contain are only hinted at in the ancient sources. 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.