CHAP. XIII. EXILE. 267 worship taken from him, and was forced to extinguish his hearth-fire.' He could no longer hold property ; his goods, as if he was dead, passed to his children, unless they were confiscated to the profit of the gods or of the state.'* Having no longer a worship, he had no longer a family; he ceased to be a husband and a father. His sons were no longer in his power ; ' his wife was no longer his wife,"* and might immediately take another husband. Regulus, when a prisoner of the enemy, the Roman law looked upon as an exile ; if the senate asked his opinion, he refused to give it, because an exile was no longer a senator ; if his wife and chililren ran to him, lie repulsed their embraces, because for an exile there were no longer wife and children, — "Fertur pudicae conjugis osculura Parvosque natos, ut capitis minor, A se removisse." * "The exile," says Xenoplion, "loses home, liberty, country, wife, and children." When he dies, he has not the right to be buried in the tomb of his family, for he is an alien.' It is not surprising that the ancient republics almost all permitted a convict to escape death by flight. Exile did not seem to be a milder punishment than death. The Roman jurists called it capital punishment. ' Ovid, TrisL, I. 3, 43.
- Pindar, Pyih., IV. 517. Plato, Laws, IX. 877. Diodorua,
XIII. 49. Dionysius, XI. 46. Livy, III. 58. ^ Institutes of Justinian, I. 12. Gaius, I. 128.
- Dionysius, VIII. 41.
- Horace, Odes, III. « Tliucydides, I. 138.
