22. PERSONS UNDER INTERDICT RELEGATED AND DEPORTED
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BOOK FORTY-EIGHTIPERSONS UNDER INTERDICT 373 if the heirs are prepared to take up the defense, the property should not be confiscated unless the charge is proved. PERSONS UNDER INTERDICT RELEGATED AND DEPORTED 1 POMPONIUS, Sabinus, book 4: A chapter of the deified Trajan's rescript to Didius Secundus : "I know that by reason of the avarice of former times the property of relegated persons was claimed by the imperial treasury. But it is otherwise agreeable to my clemency , since I have left this example among the others in which I have regulated the integrity of my accounting." 2 MARCIAN, Institutes, book 19: The deified Pius wrote in a rescript that a deported person cannot manumit. 3 ALFENUS,Epitomes, book 1: [It was written that] a person who lost his citizenship took away no other legal right from his children, except for what would have come to them from him had he died intestate in possession of his citizenship, that is, his inheritance, his freedmen , and anything else of this kind that can be ascertained. Those things which are granted them, not from their father but from their race, their citizenship, or the nature of things, remain for them unimpaired. Therefore, brothers wi!l become heredes legitimi to their brothers and will have tutories over and inheritances from their agnates; for these have been given them not by their father but by his ancestors. 4 MARCIAN, Institutes, book 2: Persons relegated to an island keep their children in their power, because they keep all their other legal rights, save only that they are not allowed to leave their island. They also keep all their own property except that which has [specifically] been taken away from them; for it is possible for a [judge] by sentence to deprive those who have been sent into permanent exile or relegated of part of their property. 5 MARCIAN, Rules, book 1: Exile is of three kinds: prohibition from certain determined places, imposed banishment so that [the exile] is forbidden all places except for one determined place, or a tie to an island, that is, relegation to an island. 6 ULPIAN,Duties o f Proconsul, book 9: Among punishments is also deportation to an island , a punishment which takes away Roman citizenship. 1. However, provincial governors are not given the right of deportation to an island, although it is given to the urban prefect; for this is expressly stated in a letter of the deified Severus to the urban prefect, Fabius Cilo. Therefore, provincial governors, whenever they think fit to deport anyone to an island, must put this same on record by sending his name in writing to the emperor so that he may be deported to an island; they [must] then write to the emperor having set out all the considerations in such a way that he may decide whether the [governor's] sentence on the man is to be carried out and whether he ought to be deported to an island. In the meantime, however, while the correspondence is going on, [the governor] should order the person to be kept in prison. 2. The deified brothers wrote in a rescript that for capital crimes decurions of civitates should be deported or relegated. Finally, they ordered that Priscus, who had been informed on for homicide and arson and had confessed before interrogation under torture, should be deported to an island. 7 ULPIAN,Duties o f Proconsul, book 10: There are two classes of relegated persons: There are certain persons who are relegated to an island, and there are those who are simply barred from a province, but are not assigned an island. 1. Provincial governors can relegate to an island, but only if they have an island under them (that is, geographically part of the province which they administer), and they can specially assign that island and relegate persons to it; if, however, they do not have [an island], they may still pronounce that they are relegating [someone]to an island and write to the emperor so that he himself may assign an island. But they cannot condemn [someone] to an island which they do not have in the province that they govern. In the meantime, until the emperor assigns an BOOK FORTY-EIGHT /PERSONS UNDER INTERDICT 373 if the heirs are prepared to take up the defense, the property should not be confiscated unless the charge is proved. 22 PERSONS UNDER INTERDICT RELEGATED AND DEPORTED 1 POMPONIUS, Sabinus, book 4: A chapter of...