Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

M16 EXSILIUM. EXSILIUAM.
cally correct. (Instances of relegatio occur ill the good for showing that a Roman citizen could not
following passages: —Suet. AXug. c. 16, Tib. c. 50; become a citizen of another community. In the
Tacit. Alnn. iii. 17, 68; Suet. Claud. c. 23, which oration Pro Balbo (c. ] 1) the proposition is put
last, as the historian remarks, was a new kind of rather in this form; that a Roman who became a
relegatio.) The term relegatio is applied by Cicero citizen of another state, tlhereby ceased to be a Ro(de Qf. iii. 31) to the case of T. Manlius, who man citizen. It must not be forgotten that in the
had been compelled by his father to live in solitude oration Pro Caecina, it is one of Cicero's objects to
in the country. prove that his client had the rights of a Roman
Deportatio in insulctn, or deportatio simply, was citizen; and in the oration Pro Domo, to prove
introduced under the emperors in place of the that he himself had not been an exsul, though he
aquae et ignis ilnterdictio. (Ulpian, Dig. 48. tit. was interdicted from fire and water within 400
13. s. 3; tit. 19. s. 2.) The governor of a pro- miles of Rome. (Cic. AAd Attic. iii. 4.) Now, as
vince (prateses). had not the power of pronouncing Cicero had been interdicted from fire and water,
the sentence of deportatio; but this power was and as he evaded the penalty, to use his own words
given to the praefectus urbi by a rescript of the (Pro Caecina c. 34), by going beyond the limits,
emperor Severus. The consequence of deportatio he could only escape the consequences, namnely,
was loss of property and citizenship, but not of exsilium, either by relying on the fact of his not
freedom. Though the deportatus ceased to be a being received as a citizen into another state, or by
Roman citizen, he had the capacity to buy and alleging the illegality of the proceedings against
sell, and do other acts which might be done ac- him. But the latter is the ground on which he
cordingo to the jus gentium. Deportatio differed seems to maintain his case in the Pro Domno: lie
froln relegatio, as already shown, and also in being alleges that he was made the subject of a privialways for anl indefinite time. The relegatus went legium, without having been first condemned in a
into banishment; the deportatus was conducted to judicium (c. 17).
his place of banishment, sometimes in chains. In the earlier republican period, a Roman
As the exsilium in the special sense, and the citizen might have a right to go into exsiliuln to
deportatio took away a person's civitas, it follows another state, or a citizen of another state might
that if he was a father, his children ceased to be have a right to go into exsilium at Rome, by virtue
in his power; and if he was a son, he ceased to be of certain isopolitical relations existing between
in his father's power; for the relationship ex- such state and Rome. This right was called jus
pressed by the terms pntria ~potestas could not exulandi with reference to the state to which the
exist when either party had ceased to be a Roman person came; with respect to his own state which
citizen. (Gains, i. 128.) Relegatio of a father or he left, he was exul, and his condition was exof a son, of course, had not this effect. But the silium: with respect to the state which he cllinterdict and the deportatio did not dissolve mar- tered, he was inquiliniusi'; and at Rome lie might
riage. (Cod. 5. tit. 16. s. 24; tit. 17. s. 1; corm. attach himself (sspplicare se) to a quasi patronus, a
pare Gaius, i. 128, with the Institutes, i. tit. 12, relationship which gave rise to questions involving
in which the deportatio stands in the place of the the jus applicationlis.
aquae et ignis interdictio of Gains.) The sentence of aquae et iginis, to which
When a person, either parent or child, was con- Cicero adds (Pro Dosso, c. 30) tecti interdictio
demned to the mines or to fight with wild beasts, (comp. Plut. MJor-'isis, c. 29), was equivalent to
the relation of the pat-ica.potestas was dissolved. the deprivation of the chief necessaries of life, and
This, though not reckoned a species of exsiliunm, its effect was to incapacitate a person fiom exerresembled deportatio in its consequences. cising the rights of a citizen within the limits which
It remains to examine the meaning of the term the sentence comprised. Supposing it to be true,
exsilium in the republican period, and to ascend, so that no Roman citizen could in direct terms be defar as we can, to its origin. Cicero (Pro Caecina, prived of his civitas, it requires but little knowc. 34) affirms that no Roman was ever deprived of ledge of the history of Roman jurisprudence to
his civitas or his freedom by a lex. In the oration perceive that a way would readily be discovered
Pr-o Domo (c. 16, 17) he makes the same assertion, of doing that indirectly which could not be done
but in a qualified way; he says that no special directly; and such, in fact, was the aqunae et ignis
lex, that is, no p-iviilegium, could be passed against interdictio. The meaning of the sentence of aquae
the caput of a Roman citizen, unless he was first et ignis interdictio is clear when we consider the
condemned in a judicium. It was, according to symbolical meaning of the aqua et ignis. The
Cicero, a fundamental principle of Roman law (P-ro bride, on the day of her marriage, was received ty
Doyno, c. 29), that no Roman citizen could lose her husband with fire and water (Dig. 24. tit. 1.
his freedom or his citizenship without his consent. s. 66), which were symbolical of his taking her
He adds, that Roman citizens who went out as under his protection and sustelntation. Varro (De
Latin colonists, could not become Latin, unless Lintl. Lat. iv.) gives a different explanation of
they went voluntarily and registered their names: the symbolical meaning of aquae et ignis in the
those who were condemned of capital crimes did marriage ceremony:-Aqueae et ignis (according to
not lose their citizenship till they were admitted the expression of Festus) suznt dio elemnenta quoae
as citizens of another state; and this was effected, humazsnam7s viiatm naxime continent. The sentence
not by depriving them of their civitas (adem7iptio of interdict was either pronounced in a judicium,
czvmtctis), but by the interdictio tecti aquae et or it was the subject of a lex. The punishment
ignis. The same thing is stated in the oration
Pro Caecina (c. 34), with the addition, that a * This word appears, by its termination inus,
Roman citizen, when he was received into another to denote a person who was one of a class, like the
state, lost his citizenship at Rome, because by the word libertinus. The prefix in appears to be the
Roman law a man could not be a citizen of two correlative of ex in exszl, and the remaining part
states. Thi~ reason, however, wotuld be eqlualiy I quil is probably related to cot in iucola and colonus.