

Faced by a serious situation explicitly attributed to the emergence of a type of banditry considered aggressive and dangerous the Council of Ten took firmly into its own hands the complicated matter of banditry, which, though with significant interference, had for roughly two centuries been the competence of the local jurisdictions. This was a norm aimed to assure respect for the periods of truce needed by local judicial institutions and conflicting families to lessen internal tensions and start peace negotiations. Many statutes of the subject cities not only provided that bandits could be killed with impunity by anyone, but also that they could win their freedom by killing each other.
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It was, therefore, a penalty that interacted with judiciary trial rites and that reflected the heteronomous medieval constitutional system, characterized almost everywhere by a dense network of jurisdictions, each of which was endowed with its own autonomy, even if moral, religious and political values were largely shared.

Widely used in all ages in diverse political structures, the penalty of banishment takes on great importance starting from the late middle ages, both as an arm of political struggle (so-called political banishment) and as an instrument of social control used in defence of community order and values, and also to facilitate the resolution of conflicts between families in competition for honour and the management of economic resources.
