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EXILIUM 100.00%
Greek. Among the Greeks exile was the legal punishment for homicide (see EPHETAe). It was also, at times, a political measure, adopted especially in times of civil disturbance, and might carry with it atimia and loss of property, except in the case of ostracism (see OSTRACISIM.)
The Roman term for exclusion from the common use of fire and water, which were the symbols of the community. (See EXILIUM.)
EXILIUM 96.24%
Roman. Among the Romans there was, originally, no such thing as a direct expulsion from the city. But a man might be cut off from fire and water, the symbol of civic communion, which of course practically forced him to leave the country. This interdictio aquoe et ignis was originally inflicted by the comitia centuriata, and later by the permanent judicial commissions appointed to try certain serious offences, as, for instance, treason, arson, and poisoning. In case of the capital charge the accused was always free to anticipate an unfavourable verdict, or the interdictio aguoe et ignis, by withdrawing into voluntary exile. The exilium involved the lesser deminutio capitis, or loss of citizenship, if the banished person became citizen of another state; or if the people declared the banishment to be deserved; or if the interdictio aquoe et ignis was pronounced after he had gone into exile. It was only in very serious cases that a man's property was also confiscated. Real banishment was first inflicted under the Empire. (See DEPORTATIO and RELEGATIO.)
The Roman term for misappropriation of public property, whether by officials (e.g. in the delivery of booty) or by private persons. Such offences, which seldom occurred in the more ancient times of the Republic, were then judged by the national tribunal. In later times they must have become more frequent, since various laws were issued against them, and a special court of justice (see QUAeSTIO) was appointed to try them. Besides the payment of compensation, the condemned person suffered disgrace and banishment (interdictio aquoe et ignis, see EXILIUM), and, in the time of the Empire, transportation.
A term used among the Romans for the murder of any relative with whom one is united by bonds of blood or duty, but sometimes also for treason and rebellion against one's country. In earlier times the examination in trials for homicide was conducted by two quoestores parricidii, on whom it was also incumbent to bring the accusation before the comitia for trial. Sulla transferred the decision in all cases of parricide to a standing tribunal (see QUAeSTIO PFRPETUA, which had also to try cases of assassination and poisoning. The punishment for parricide was drowning in a leathern sack (culleus), into which were sewn, besides the criminal, a dog, a cock, a viper, and an ape [Cicero, Rosc. Am. 70; Juvenal viii 214]. The murder of relations in other degrees of relationship was punished by exile (interdictio aquoe et ignis). See EXILIUM.
Denoted among the Romans the sovereign power of the people and the State, or that of the emperor. To detract from this sovereign power was a crime (crimen minetae maiestatis). Originally the term perduellio (q.v.) included all offences of this kind; distinctions were first made in B.C. 100 by the Lex Apuleia, which declared some offences to be treason that had previously been regarded as perduellio, such as hindering the tribunes and exciting to sedition. The idea of treason was considerably extended by the Lex Cornelia of the dictator Sulla in B.C. 80, which made it include inciting to sedition, hindering a magistrate in the exercise of his functions, and acting in a manner prejudicial to the Roman prestige or beyond the limits of one's authority. It also instituted a permanent lawcourt (see QUAeSTIO PERPETUA) to take cognisance of such cases; and made exile (interdictio aquae et ignis) the penalty. (See EXILIUM.) Caesar's Lex Iulia, B.C. 46, made perduellio pass over into crimen maiestatis, which was held to cover all actions prejudicial to the State and the existing constitution (such as treason, plots, conspiracies, sedition, illegal assumption of authority). The Julian Law also formed the basis for punishing offences of this kind under the Empire; to these were now added all those against the person and the authority of the emperor. The term was very elastic, and received whatever interpretation the emperor preferred, so that when a charge, e.g. that of embezzlement (see REPETUNDARUM CRIMEN), was brought against a man, he could often be also charged with the crimen maiestatis, especially as the accusers were rewarded if the offence was proved. After the closing of the quaestiones these cases were decided by the senate; later still, the emperor was judge, or entrusted them to the praefectue urbi. The regular penalty was confiscation, and sometimes banishment or death. Charges of treason could he brought or the trial could be continued, even after the death of the accused; and in the most serious cases the penalty had to be borne by the children, in accordance with a decree of the emperor, and even with the law at a later period.
Type: Standard
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