By Gordon P. Kelly
Roman senators and equestrians have been constantly susceptible to prosecution for his or her legitimate behavior, particularly on the grounds that politically stimulated accusations have been universal. while 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 stay away from criminal sentence. for almost all of the Republican interval, exile used to be no longer a proper felony penalty contained in statutes, even though it used to be the sensible final 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 learn examines all aspects of exile within the Roman Republic: its ancient 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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Furthermore, the edict imposes no administrative penalties such as forfeiture of property, which was a standard feature of interdiction. Indeed, the tribunician edict reported by Cicero only seems to list those men who are already banned from Rome. 75 The interdiction of fire and water was accomplished by a plebiscite, and as such contained provisions beyond the banishment of the offender. The exact provisions of each measure could vary from case to case. Unfortunately, only brief references to the aquae et ignis interdictio have come down to us.
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.
Tribuni plebem rogaverunt plebesque ita scivit, si M. Postumius ante kal. 38 Although he had provided sureties, Postumius was not present [at his trial]. Therefore, the plebeian tribunes made a proposal, and the plebs approved it, that if M. Postumius had not come forward before the first of May and had not responded when summoned and had not been excused, he was deemed to be in exile and his possessions were to be sold and he was interdicted from fire and water. This case illustrates how the aquae et ignis interdictio was used until the second half of the first century.
A History of Exile in the Roman Republic by Gordon P. Kelly