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EXILE (Lat. exsilium or exilium, from...

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Originally appearing in Volume V10, Page 72 of the 1911 Encyclopedia Britannica.
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EXILE (See also:Lat. exsilium or exilium, from exsul or exul, which is derived from ex, out of, and the See also:root sal, to go, seen in salire, to leap, See also:consul, &c.; the connexion with solum, See also:soil, See also:country is now generally considered wrong)  , banishment from one's native See also:country by the compulsion of authority . In 'a See also:general sense See also:exile is applied to prolonged See also:absence from one's country either through force of circumstances or when undergone voluntarily . Among the Greeks, in the Homeric See also:age, banishment (4 vyil) was sometimes inflicted as a See also:punishment by the authorities for crimes affecting the general interests, but is chiefly known in connexion with cases of See also:homicide . With these the See also:state had nothing to do; the punishment of the murderer was the See also:duty and See also:privilege of the relatives of the murdered See also:man . Unless the relatives could be induced to accept a See also:money See also:payment by way of See also:compensation (See also:Iron* weregeld; see especially See also:Homer, Iliad, xviii . 497), in which See also:case the murderer was allowed to remain in the country, his only means of escaping punishment was See also:flight to a See also:foreign See also:land . If, during his self-imposed exile, the relatives expressed their willingness to accept the See also:indemnity, he was at See also:liberty to return and resume his position in society . In later times banishment is (I) a legal punishment for particular offences; (2) voluntary . 1 . Banishment for See also:life with See also:confiscation of See also:property was inflicted upon those who destroyed or uprooted the sacred See also:olives at See also:Athens; upon those who remained neutral during a See also:sedition (by a See also:law of See also:Solon, which subsequently See also:fell into See also:abeyance); upon those who gave See also:refuge to or received on See also:board See also:ship a man who had fled to avoid punishment; upon those who wounded with See also:intent to kill and those who prompted them to such an See also:act (it is uncertain whether in this case exile was for life or temporary); upon any one who wilfully murdered an See also:alien; for impiety . Certain See also:political crimes were also similarly punished—See also:treason, laconism, sycophancy (see See also:SYCOPHANT), attempts to subvert existing decrees . For the See also:peculiar See also:form of banishment called See also:OSTRACISM, see See also:separate See also:article .

In cases of voluntary homicide the punishment was See also:

death; but (except in cases of See also:parricide) the murderer could leave the country unmolested after the first See also:day of the trial . He was See also:bound to remain outside See also:Attica, and when on foreign See also:soil was not allowed to appear at the public See also:games, to enter the temples or take See also:part in sacrifices; but provided that he adhered to the prescribed regulations, he was accorded a certain amount of See also:protection . Even when a general See also:amnesty was proclaimed, he was not allowed to return; if he did so, he might at once be put to death . Temporary exile (the See also:period of which is uncertain) without confiscation, was the punishment for involuntary homicide . As soon as the relatives of the deceased became reconciled to the man who had slain him, the latter was permitted to return; further, since banishment was only temporary, it is reasonable to suppose that the law insisted upon such reconciliation . 2 . Citizens sometimes voluntarily See also:left the country for other reasons (See also:debt, inability to pay a See also:fine) . Since See also:extradition was only demanded in cases of high treason or other serious offences against the state, the fugitive was not interfered with . He was at liberty to return after a certain See also:time had elapsed . Little is known about exile as it affected See also:Sparta and other See also:Greek towns, but it is probable that the same conditions prevailed as at Athens . At See also:Rome, in See also:early times, exile was not a punishment, but rather a means of escaping punishment . Before See also:judgment had been finally pronounced it was open to any See also:Roman See also:citizen condemned to death to See also:escape the See also:penalty by voluntary exile (solum vertere exsilii causa) .

To prevent his return, he was interdicted from the use of See also:

fire and See also:water; if he See also:broke the See also:interdict and returned, any one had the right to put him to death . The See also:aquae et ignis (to which et lecli "shelter" is sometimes added) inlerdiclio is variously explained as exclusion from the necessaries of life, from the symbols of civic communion, or from " the marks of a pure society, which the criminal would See also:defile by his further use of them." Subsequently (probably at the time of the Gracchi) it became a recognized legal penalty, practically See also:equivalent to " exile," taking the See also:place of See also:capital punishment . The criminal was permitted to withdraw from the See also:city after See also:sentence was pronounced; but in See also:order that this withdrawal might as far as possible See also:bear the See also:character of a punishment, his departure was •sanctioned by a See also:decree of the See also:people which declared his exile permanent . Authorities are not agreed whether this exile by See also:interdiction entailed loss of civitas; according to some this did not ensue until (as in earlier times) the criminal had assumed the citizenship of the state in which he had taken refuge and thereby lost his rights as a citizen of Rome, while others hold that it was not until the time of Tiberius (A.D . 23) that capitis deminutio See also:media became the See also:direct See also:con-sequence of trial and conviction . Interdictio was the punishment for treason, See also:murder, See also:arson and other serious offences which came under the See also:cognizance of the quaestiones perpetuae (permanent judicial commissions for certain offences); confiscation of property was only inflicted in extreme cases . Under the See also:Empire interdictio gradually fell into disuse and a new form of banishment, introduced by See also:Augustus, called deportatio, generally in insulam, took its place . For some time the two probably existed See also:side by side . Deportatio consisted in transportation for life to an See also:island (or some place prescribed on the mainland, not of See also:Italy), accompanied by loss of civitas and all See also:civil rights, and confiscation of property . The most dreaded places of exile were the islands of Gyarus, See also:Sardinia, an See also:oasis in the See also:desert (quasi in insulam) of See also:Libya; See also:Crete, See also:Cyprus and See also:Rhodes were considered more tolerable . Large bodies of persons were also transported in this manner; thus Tiberius sent 4000 freedmen to Sardinia for Jewish or See also:Egyptian superstitious practices . Deportatio was originally inflicted upon political criminals, but in course of time became more particularly a means of removing those whose See also:wealth and popularity rendered them See also:objects of suspicion .

It was also a punishment for the following offences: See also:

adultery, murder, poisoning, See also:forgery, See also:embezzlement, See also:sacrilege and certain cases of immorality . Relegatio was a milder form of deportatio . It either excluded the See also:person banished from one specified See also:district only, with permission to choose a See also:residence elsewhere, or the place of exile was fixed . Relegatio could be either temporary or for life, but it did not in either case carry with it loss of civitas or property, nor was the exile under military surveillance, as in the case of deportatio . Thus, See also:Ovid, when in exile at Tomi, says (Tristia, v . II): " he (i.e. the See also:emperor) has not deprived me of life, nor of wealth, nor of the rights of a citizen . . . he has simply ordered me to leave my See also:home." He calls himself relegalus, not exsul . In later writers the word exsilium is used in the sense of all its three forms—aquae et ignis interdictio, deportatio and relegatio . In See also:England the first enactment legalizing banishment See also:dates from the reign of See also:Elizabeth (39 Eliz. c . 4), which gave See also:power to banish from the See also:realm "such rogues as are dangerous to the inferior people." A See also:statute of See also:Charles II . (18 See also:Car . II. c .

3) gave power to execute or to transport to See also:

America for life the See also:moss-troopers of See also:Cumberland and See also:Northumberland . Banishment or transportation for criminal offences was regulated by an act of 1824 (5 Geo . IV. s . 84) and finally abolished by the Penal See also:Servitude Acts 1853 and 1857 (sec further See also:DEPORTATION) . The word exile has sometimes, though wrongly, been applied to the sending away from a country of those who are not natives of it, but who may be temporary or even permanent residents in it (see ALIEN; See also:EXPATRIATION; See also:EXPULSION) .

End of Article: EXILE (Lat. exsilium or exilium, from exsul or exul, which is derived from ex, out of, and the root sal, to go, seen in salire, to leap, consul, &c.; the connexion with solum, soil, country is now generally considered wrong)
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