Legal Definitions - relegatio

Relegatio (pronounced reh-leh-GAH-tee-oh) was a form of banishment or expulsion under ancient Roman law. It involved a person being ordered to leave Rome, their home province, or a specific designated territory, either for a temporary period or permanently.

A distinguishing feature of relegatio was that the banished individual typically retained their Roman citizenship and did not suffer the complete confiscation of all their property, although partial forfeiture might sometimes be imposed. This punishment could be enacted either through an administrative decision by a magistrate or as part of a judgment in a criminal trial.

Here are some examples illustrating how relegatio might have been applied:

• Example 1: Political Disfavor

  A prominent senator, known for his outspoken criticism of the Emperor's policies, might be deemed a disruptive influence but not a traitor. To neutralize his political power without completely destroying him, the Emperor could order his relegatio to a distant villa in a remote province for several years. The senator would retain his Roman citizenship, his family's estates, and most of his wealth, but would be effectively removed from the political center of Rome and its immediate influence.

  This illustrates relegatio because the individual is banished from Rome for a temporary period, but crucially, retains his citizenship and the majority of his property, allowing him to live comfortably elsewhere, albeit without political power.

• Example 2: Minor Criminal Offense

  A merchant in Rome is repeatedly caught engaging in fraudulent business practices, such as selling diluted goods or using inaccurate weights. While his actions are harmful, they are not considered capital offenses. A magistrate might impose a relegatio, forbidding him from residing or conducting business within the city limits of Rome for a period of ten years. He would still be a Roman citizen, could own property outside the city, and could potentially conduct business in other towns, but his access to the lucrative Roman market would be cut off.

  This demonstrates relegatio as a temporary banishment from a specific territory (the city of Rome) for a criminal offense, where the individual maintains citizenship and the ability to own property outside the forbidden zone.

• Example 3: Permanent Removal for Public Order

  A wealthy citizen, known for instigating public disturbances and inciting riots, is found guilty of actions that threaten the peace and stability of Rome, but fall short of treason. To ensure public order, a court might impose a permanent relegatio, exiling him forever from Rome and the entire Italian peninsula. He would retain his Roman citizenship and could keep his vast estates in Gaul or Egypt, allowing him to live a life of luxury, but he would never be permitted to return to the heart of the Roman Empire.

  This shows relegatio as a permanent banishment from a significant territory (Rome and Italy), where the individual retains citizenship and substantial property, but is permanently removed from the core of Roman society.