A History of Exile in the Roman Republic by Gordon P. Kelly

By Gordon P. Kelly

Roman senators and equestrians have been consistently prone to prosecution for his or her reliable behavior, specifically considering the fact that politically influenced accusations have been universal. whilst charged with against the law in Republican Rome, such males had a call bearing on 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 was once the sensible final result of such a lot capital convictions. regardless of its significance within the political enviornment, Roman exile has been a overlooked subject in smooth scholarship. This research examines all aspects of exile within the Roman Republic: its ancient improvement, technical criminal concerns, the opportunity of recovery, in addition to the results of exile at the lives and households of banished males.

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80 The other examples of aquae et ignis interdictio do not provide any other details aside from the mere fact of outlawry. Since the loss of property occurs in half of our certain cases of interdiction, I am inclined to agree that it was usually included in a plebiscite of interdiction. 77 78 79 80 Cic. Dom. 128 and 129; cf. 127–128, where Cicero mentions a lex Papiria that forbade consecration without the approval of the plebs. See W. J. Tatum, “The Lex Papiria De Dedicationibus,” CPh 88 (1993), 326–328; P.

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.

The triumviri capitales may have dispensed summary justice to lower class citizens: D. Cloud, “The Constitution and Roman Public Criminal Law,” CAH 2, 9 (1994), 500–501; W. Nippel, Public Order in Ancient Rome (Cambridge, 1995), 22–26. See also W. Kunkel’s theories on the prosecution and punishment of common, nonpolitical crimes: Untersuchungen zur Entwicklung des r¨omischen Kriminalverfahrens in vorsullanischer Zeit (Munich, 1962), 34–36, 51–79, and 91–130. An excellent summary and critique of Mommsen and Kunkel’s views on this issue can be found in H.

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