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

By Gordon P. Kelly

Roman senators and equestrians have been regularly susceptible to prosecution for his or her reputable behavior, specially seeing that politically encouraged accusations have been universal. while charged with against the law in Republican Rome, such males had a call touching on their destiny. they can both stay in Rome and face attainable conviction and punishment, or cross into voluntary exile and stay away from felony 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 area, Roman exile has been a overlooked subject in smooth scholarship. This research examines all elements of exile within the Roman Republic: its ancient improvement, technical felony matters, the opportunity of recovery, in addition to the consequences of exile at the lives and households of banished males.

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12 However, a significant amount of ancient evidence seems to contradict Crif`o’s view. 13 While Polybius’ description does not explicitly rule out the possibility that exile was guaranteed by law, other sources indicate that self-banishment was not a statutory right. 14 Such incarceration had the effect of putting the safety of exilium outside the reach of a defendant. 16 Pretrial imprisonment could easily prevent a 12 13 14 15 16 Procedure of Cicero’s Time (Oxford, 1901), 343–344 for sources and discussion.

As we have seen above, the evidence indicates that Metellus was indeed accused before the people. 58 If this was the case, it is most likely that Cicero would have directly and forcefully invoked the precedent of Metellus’ restoration to demonstrate that his own interdiction was illegal. 59 There seems then to be little reason to view the invocation of the consuls in Saturninus’ rogatio as unusual. It is only the brevity of the other descriptions of the process of interdiction that makes the case of Metellus seem irregular.

Sthenius was an important client of Pompey, and Cicero took the man’s case before the tribunes of the plebs: nuntiabatur . . me ipsum apud hoc collegium tribunorum plebis, cum eorum omnium edicto non liceret Romae quemquam esse qui rei capitalis condemnatus esset, egisse causam Sthenii, et cum rem ita exposuissem quem ad modum nunc apud vos, docuissemque hanc damnationem duci non oportere, x tribunos plebis hoc statuisse, idque de omnium sententia pronuntiatum esse, 68 is to say “changing,” their native soil.

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