By Gordon P. Kelly
Roman senators and equestrians have been regularly liable to prosecution for his or her professional behavior, in particular considering that politically stimulated accusations have been universal. while charged with a criminal offense 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 pass into voluntary exile and stay away from criminal sentence. for almost all of the Republican interval, exile was once now not a proper felony penalty contained in statutes, even though it was once the sensible consequence of so much capital convictions. regardless of its significance within the political area, Roman exile has been a overlooked subject in smooth scholarship. This examine examines all features 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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W. Lintott’s excellent discussion in Constitution of the Roman Republic, 3–7. Cambridge Books Online © Cambridge University Press, 2009 26 exilium: legal and historical issues for profiteering from state contracts, Postumius was compelled to provide sureties (vades) to escape imprisonment prior to his trial: Postumius vadibus datis non adfuit. tribuni plebem rogaverunt plebesque ita scivit, si M. Postumius ante kal. 38 Although he had provided sureties, Postumius was not present [at his trial].
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.
Certainly, as with any law, the actual execution is left for the pertinent magistrates to accomplish. 61 Although the actual enforcement of the decree of outlawry was accomplished by the consuls (or presumably the praetor urbanus in their absence), the initiative to interdict customarily rested with the plebs. 62 The expulsion of foreigners (and other undesirables such as philosophers and astrologers) is attested several times in the historical record. However, the sources never state or even hint that the interdictio is the instrument of removal.
A History of Exile in the Roman Republic by Gordon P. Kelly