The Exile, of which we hear from monarchical times, acquired a legal basis since the law of the twelve tables provided the jurisdiction of procedures de capite civis to the assemblies, from then the custom was to allow the criminal to exile before the assembly's pronouncement. This is reflected in Polybio 6.14.7. This customary practice was configured as a faculty that every civis had to avoid the death penalty. If the exiled does not move to a place with which Rome had signed a foedera that allowed to admit the exiled, it would cause him the aqua et igni interdictio.
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