By Gordon P. Kelly
Roman senators and equestrians have been constantly susceptible to prosecution for his or her legit behavior, in particular in view that politically inspired 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 cross into voluntary exile and keep away from felony sentence. for almost all of the Republican interval, exile was once now not a proper criminal penalty contained in statutes, even though it used to be the sensible end result of such a lot capital convictions. regardless of its value within the political area, Roman exile has been a overlooked subject in sleek scholarship. This learn examines all aspects of exile within the Roman Republic: its old improvement, technical felony matters, the opportunity of recovery, in addition to the results of exile at the lives and households of banished males.
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Gramm. 16. Cf. Crif`o, “Exilica Causa,” 477–479. Nep. Cat. 3. Thus Henderson, “Repetundis,” 72 n. ” This statement is not only very subjective, but also ignores the evidence of Cato, as well as the need within the framework of the Roman legal system to provide some means of preventing the later return of an uncondemned exul. M. 11, also sees Livy’s account as anachronistic, and states that the Cato fragment is corrupt. 48 Furthermore, in Postumius’ case, as well as all others recorded in any detail, a tribunician proposal (rogatio) began the process of interdiction.
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. 27 The widespread executions demonstrate that those condemned by the commission were not allowed voluntary exile. Nor was banishment a sanctuary for Q. Pleminius in 204 or L. Hostilius Tubulus in 141, both of whom were taken back to Rome after 23 24 25 26 27 J.
The only exiles to return to Rome – whether interdicted or not – were those who had secured an official recall. There are several explicit indications that interdiction was generally applied against exiles. In his De domo sua, Cicero states that no Roman can have his citizenship taken away unwillingly. Cicero’s discussion of this legal point is one of the most important pieces of evidence concerning the effect of exilium on the civic status of the banished. This aspect of exile is discussed below.