Common Places, Part 4 · Chapter 15
The fifteenth Chapter. Of Exile or Baniſhment.
In 1. king. 2 at the end.FOrſomuch as Abiathar was baniſhed to the territorie of his Father, and Semei commaunded to kéepe himſelfe at Ieruſalem, the which be kindes of baniſhmentes, it ſhall not be amiſſe to ſpeake ſomewhat of Exiles or Baniſhments. The orders obſerued in the treatiſe of this Cō mon place.Firſt we will inquire out the definition of Exile. Secondly, we will ſearche which be the kindes thereof. And thirdly ſhall be diſputed whether this kinde of puniſhment ought to be vſed in Commonweales; namely, for expelling of an hurtfull man out of their dominions, when they may puniſh him. And to kéepe a right Method, we wil begin at the Etymologie of the word. Of the Hebrewes it is called Makalaſh. The Etymologie of Exile.For the verbe Kalaſh is to gather or binde together. Therefore did they call Cities of refuge by this name, becauſe they gathered themſelues vntounto them, and thither were the fugitiues drawen together. And it may alſo be called Magnahaſh, of flying or ſcaping away. The Gretians alſo called exile foreign, a fugiendo, of flying away. The Latines if we may beléeue Nonius Marcellus, called it Exilium, becauſe they that ſo flie away be without countrie or Land, namelie of their owne. And men were ſaid to goe from one ſoyle to an other, when they fled from anie hurt or puniſhment which remained for them at home. But they which ſtudie to comfort exiled men, doe call their exiles peregrinations, when as neuertheleſſe there is perceiued no ſmal differēce betwéene theſe things. For peregrination is taken in hand willinglie and for ſundrie cauſes, The difference between Exile and Peregrination.not for the auoyding of puniſhment which ſhould be laid vppon them at home. But ſo men ſpeake, yt they by a more milde word may extenuate that puniſhment: exhorting their friendes by that manner of ſpeach, to take that vppon them as voluntarie which they ſuffer againſt their will. And vndoubtedlie, that flying away comprehendeth in it ſome voluntarineſſe, as are the mingled actions, whereof there is mention in the Ethickes, What maner of Action is Exile.for they which ſo goe from one countrie to an other: would ſhunne greater puniſhmentes, which they ſhould incurre by tarrying in their owne countrie. Alſo vntounto exiles they hauehave ioyned thoſe which vulgarlie are called Banna. Banna.Betwéene them are perceiued ſome differences, although not great. But hereof we reade in the digeſtes, in the Title De interdictis & relegatis.
2 Theſe thinges being ſet downe after this manner, it will not be hard to enter into the definition. Wherefore we will ſay, The definition of Exile.that exile is a flying away, wherein the guiltie for this cauſe doe goe from one countrie to an other, that they may auoyd the puniſhmentes of lawes or elſe ſuffer them. Wherefore it is a flying, but not of euerie ſorte, becauſe otherwhile men doe flie either pouerty, or ſcarcitie of graine, or the diſtemperature of the heauen, or elſe ſickneſſe, & the plague: but they returne when they will, and therefore it was ſaid: That they may auoid puniſhmentes or elſe ſuffer them. And that latter [particle] which is added, belongeth vntounto them which be caried into the Iland or vntounto the Mines. And whereuppon theſe thinges beganne it is eaſie to be ſhewed. The Romane common weale conſidered of two maner of waisThe Romane commonweale either is conſidered, [as it was] when the libertie thereof ſtoode, or elſe when afterward it began to be ruled and gouerned by one king. So in like manner Exiles were of two ſortes: to wit, one in the time of libertie, and an other vnderunder princes. When it was a frée Citie, baniſhment was enough (if they were Citizens,) when the queſtion touched their life. But afterward the Emperours commaunded that Malefactors ſhould be caried away vntounto the Mines or into the Ilandes. Wherefore Cicero in his Oration for Caecinna ſaid, Cicero.that Exile was the hauen of puniſhmentes, not an execution of death. That the Romane Lawes puniſhed no offence. by Exile.And he added that the citie of Rome by their lawes puniſhed no offence by baniſhment. Neuertheleſſe, if any would auoyd pryſons, bondes, and other puniſhmentes, thoſe fled into exile as vntounto an Altar. Neither muſt it be read vntounto Armes, Ad aras, non ad arma.as corruptedlie ſome copies hauehave. For if that the parties which were guiltie, would in abiding at home hazard the extremitie of the lawe, the citie ſhould not be ſo ſoone taken from them as their life. But when they would none of that, the Citie was not ſaid to be taken from them, but cōtrariwiſe they were ſaid to leane it. And in the fift Philippick Oration he ſaieth: They which were condemned for capitall crimes had no ſooner choſen a Citie, but they were admitted into it, whither they came to dwell. Furthermore out of a certaine Oration of Iulius Caeſar, (which is deſcribed by Saluſt in the conſpiracie of Catiline) it is gathered, that the auncient Romans did imitate the Gréekes, ſo that they puniſhed the Citizens with ſtripes, and put the condemned to death. After that, were made the lawes of Porcia, and alſo certaine other lawes, which would not that a Citizen ſhould be puniſhed with death, but graunted him to goe into Exile. Cicero in his Oration for his houſe, ſaid, that Exile was not by expreſſe name layd vppon them which were condemned, but they were forbidden water and fire, to wit, that by a certaine ſpace of miles they might not inioy the vſe of humane thinges. And certainelie it behooued Cicero himſelfe to be abſent fiue hundreth miles from the Citie. So then the Citizens of Rome were not by expreſſe name ſent into Exile. But as touching the thing it ſelfe, there ſéemed to be but ſmall difference. In déede they were not layd hold vppon, but they were conſtrained to depart, except they would liue of the ayre. Wherefore ſo often as thou ſhalt reade in the hiſtories, (while the Commonwealth ſtood) the name of Exile, we muſt after this manner interprete the ſame.
A kinde of baniſhment among the Gretians for 10. or 15. yéeres.3 Among the Gretians alſo there was a kinde of Exile which they called foreign [to wit of ten or xv. yéeres] which was not laide vponupon men becauſe of crimes, neither was it counted among puniſhments, neither did it bring any infamie vntounto them that were exiled, but it did rather moderate enuie. The name is deriued of foreign, by which word is ſignified a ſhell. For there were certaine ſhels, wherein was written the name of him that was to be baniſhed. We might call the ſame a baniſhment by lot. Nor did they onelie liue thus in exile, which excelled others in riches, fauour, and power, but alſo they which excelled in eloquence and wiſedome. Wherefore Damon the Schoolemaiſter of Pericles, was caſt foorth in this reſpect, becauſe he was wiſer than the reſt. Ariſtides alſo, when at the incitation of Themiſtocles, The baniſhment of Ariſtides.this kinde of baniſhment ſhoulde hauehave bin decréed vntounto him, was preſent in the aſſembly. By whom ſate as it happened, a certaine man of the Countrie, who hauing the right of voyces, and could not write, praied Ariſtides, whom he knew not, that in the ſhell which he had, he would write the name of Ariſtides. To whom Ariſtides ſaid: Doeſt thou knowe that man? He denied that hée knewe him. For what cauſe then (ſaieth he) wilt thou caſt him out? The countrie man ſaid: becauſe they oftentimes call him iuſt: but we Athenians cannot abide ſo great iuſtice. The indeuour in a Citie that no one ſhould ſurpaſſe an other.The manner therefore was in the gouernment of common people, to vſe verie great indeuour, that none in the Citie ſhould excell. Yea and Ariſtotle in the 5. Booke of his Politicks, De conſeruando ſtatu Democratico, maketh mention hereof, counſelling that if any man in a Citie ſhould excell ouermuch, he ſhould be remooued from thence, becauſe ſuch men for the moſt part woulde beare rule ouer others.
There is moreouer another kinde of Exile which is called voluntarie: A voluntarie Exile.and it is not of one forme onelie. One is called foreign, that is, for the cauſe of ſlaughter yet not of voluntarie, but when a man is ſlaine of one vnwittingly and vnwillingly. When this happened, they for purging ſake remooued their habitation, for menquellers hauehave alwayes bin counted vnpure. Wherefore in the Pandects in the Title De poenis, in the lawe Aut facta, in the Paragraphe Euentus, a Lawier ſaieth, that ſuch a kinde of Homicide was accuſtomed to be purged by baniſhment. And he added thereto the verſes of Homer wherein Patroclus ſaieth, Patroclus.that hée when he was a childe, vnwittingly ſlue his companion, and that his father brought him vntounto Peleus to be purged, and ſo the purging being performed, a companion was giuen vntounto him. And in Herodotus the firſt Booke, Adraſtus is recited, Adraſtus.who to be purged came vntounto Craeſus. And Euſtacius an interpretour of Homer teacheth that thoſe purgings were vſed to be miniſtred with bloud. So that to goe from one countrie to another for purging ſake, is reckoned among voluntarie exiles. Oreſtes.Howbeit Oreſtes who willingly and wittingly killed his mother, came for purging ſake to the leſſe Tartaria. Yea and Liuie in his firſt Booke writeth that Horace when he was returned a vanquiſher and had ſlaine Horatia his ſiſter, was abſolued of ye ſlaughter, but was commaunded to depart into another Countrie, that he might make ſatiſfaction for the murther. And in the holie ſcriptures, he that had committed a ſlaughter vnwittingly and vnwillingly, retyred himſelfe vntounto a Citie of refuge. What maner of puniſhments foreign were.But Plato in his 9. Booke of Lawes ordained that they which willingly had ſlaine a man ſhould be baniſhed for euer, and ſuch puniſhment he called foreign: but they which vnwittingly and vnwillingly had cōmitted ſlaughter, ſhoulde be baniſhed for the ſpace of one yéere.
A voluntarie Exile of a man accuſed.4 Alſo there was another kind of voluntarie exile, as when a man was ſued to condemnation, and before that the Action was commenced, it was lawfull for the partie accuſed, to flie, becauſe he woulde not abide iudgement, as he that diſpaired to be quit. After that ſort fled Verres, as teſtifieth Aſconius Poedianus. So likewiſe fled Cicero himſelfe when he ſawe that he ſhoulde be inferiour to Clodius his accuſer. And in the Oration for Cluentius it is ſhewed, that one Fabritius, when he was riſen from ye bench, went his waie. Liuie alſo writeth in his ſecond Decade, the 6. Booke, that one Fuluius, before ye day came for the chuſing of officers, went his wayes vntounto the Tarquinij. And in the 3. Booke Ab vrbe condita, he writeth that the fellow officers of Claudius Appius went to dwell in another Countrie. Wherefore it was lawfull for them which woulde, when ſute of lawe was or ſhould be commenced againſt them, to depart into exile. The Romanes as touching this matter did imitate the Gréekes. For Demoſthenes, as it is in his Oration againſt Ariſtocrates teacheth, that this was lawfull. Yet canſt thou not iudge, but that it might be, that they coulde let it. Some ſuch thing as this, Dauid in the holie hiſtories ſéemes to hauehave doone, when he fled not onelyonly into deſert places, but alſo vntounto Achis King of the Philiſtians. 1. Sa. 21. 10.Alſo Abſolon when he had ſlaine his brother, 2. kings. 13. 7.fled into Geſſur. Likewiſe Ieroboam, when he ſawe that he incurred the crime of Treaſon, departed away. Howbeit in theſe things there was ſomewhat otherwiſe than was in the inſtitution of ye Roman lawes. 2. kings. 11. 40. The difference betweene the Iſraelite & Romane Exile.For ye Iſraelites being once ſpoken of fled only, becauſe they ſtoode in the feare of themſelues, when as yet they were not ſummoned to appeare: but the others, namely the Gréekes and Romanes, had it graunted them by lawes that they might depart away when the ſute was commenced.
An other kinde of voluntarie Exile.5 There was yet another kinde of voluntarie exile: as when they had ſtoode to the triall of lawe, and abidden iudgement, yet woulde not paie the penaltie awarded, whether it were money or ſome other thing elſe, they might flie awaie. But ſome demaund whether it were more grieuous to preuent iudgement by flying awaie, or elſe to flie after iudgement was now giuen. And the firſt in déede is thought of many to hauehave bin a leſſe matter, becauſe they ſhould ſéeme to depart away of their owne accord, whē as others were in a manner caſt forth. Againe, becauſe ye former which expected not iudgement, did by flying into another Countrie, after a ſort retaine their dignitie and degrée. And this is gathered by the Oration of Cicero for his houſe. Alſo it is to be noted that when ſentence was pronounced againſt any man of things touching life and death, ſo that he was let from [the vſe] of fire and water, that was doone otherwhile for a time, and otherwhile for euer. And ſometime ſuch baniſhed men were forbidden to hauehave acceſſe to certaine places: and an otherwhile was appointed them a certaine ſpace, howe farre they ſhould be diſtant from the Citie. And for the moſt part there was no certaine place of baniſhment limited, but it was left frée vntounto the exiled men, that they might be whereſoeuer they would, ſo they kept the limites of diſtance from the Citie or from Italie. Hereupon (as we noted before out of Liuie) Fuluius went to the Tarquinij, and Milo, to Maſſilia. In this ſtate the thing was, when the Romane libertie ſtoode.
VnderUnder the Emperours the lawe was made more ſtraite, What maner of Exiles were vnderunder the Romane Emperors. Thrée ſorts of Exile.as it is in the Title De Interdictis & relegatis, in the lawe Exilium. Marcellus maketh thrée ſortes of Exile. The firſt, if one or two places be forbidden, as if a baniſhed man ſhould vtterly refraine from Mutina or Bononia. What baniſhment was Lata Fuga.The ſeconde he calleth Latam fugam, namely when as all places beſides one were forbidden. To this kinde of exile belonged the baniſhment of Abiathar and Semei. The thirde kinde he nameth Deportatio. Exiled men of the firſt kinde were called Interdicti, that is, prohibited, but the others Relegati, that is, ſent awaie. Plutarche in his Booke of Exile, maketh mention of the firſt kinde, while he comforteth a friend, becauſe he is excluded but from one Citie alone. And this kinde of Exile is called foreign, wheras Relegatio is called foreign. Therfore Dionyſius in a certain Epiſtle of his to Iohn the Apoſtle, reprooued ſome, which thought they coulde foreign, that is, Baniſhe the ſunne of the Goſpell. VnderUnder which ſaying he called Iohn the Euangeliſt the ſunne of the Goſpell.
The Exile which they called Deportatio, What maner of Exile deportatio was.was a certaine grieuous puniſhment. For the guiltie were deliuered to publike ſeruants, and being put into a ſhip were ſent away farre off vntounto deſert places. Wherefore Terence in the Comedie Phormio ſaith, that that wicked fellow ſhould by common conſent be baniſhed into deſert landes. They that were thus baniſhed or carried awaie, were caſt from the Citie, neither coulde they make a Teſtament, or obtaine any thing for themſelues. Men baniſhed vntounto Mynes.Otherwhile men were baniſhed vntounto the Mynes, that is, to doe a publike worke. There was alſo another Exile, when a man was commaunded to kéepe his houſe, Baniſhmēt home to a mans houſe.to whom at that time the houſe was in ſtead of a priſon. Briefely; what time as the libertie fell, baniſhments were impoſed by the ſentences of Iudges. Therefore Ierom in his 2. Apologie againſt Ruffinus, writeth that in his dayes were no baniſhments but ſuch as were ordained by Iudges. Furthermore there was ſome kinde of baniſhment diſhoneſt, A diſhoneſt baniſhmentbut another onelyonly miſerable. Whereupon Cicero in the Oration for his houſe: A diſhoneſt baniſhment (ſaieth he) it is, if it ſhal be the puniſhment for ſinne: but if it happened through condemnation, it was onelie diſhoneſt in the opinion of men, but not in verie déede: becauſe men are ſometime iuſtly, & otherwhile vniuſtly condemned. Then he added that Exile is a name not of diſhoneſtie but of calamitie. Exile a name not of diſhoneſtie but of calamitie.And to omit nothing, there be founde other two, not properly but Metaphorically called Exiles or baniſhments. Two Exiles metaphoricallie ſo called.One, which the auncient Fathers in their writings oftentimes bewaile, namely the ſtate of this our life, wherein we are expelled from the kingdome of heauen or perfect regeneration. But the other is praiſe worthie, whereby we are baniſhed from our own ſelues, the fleſh and the world. Howbeit if it be aſked vntounto what kinde of puniſhment their flight belongeth which leaue their natiue Countrie, Exile of them that flie for Religion.leaſt they ſhould contaminate thēſelues with ſuperſtition & idolatrie: We anſwer that it is voluntarie, for they fly from thoſe miſchiefs which at home would hang ouer their heades by Tyrants. For if they ſhould tarie at their owne houſe, they muſt néeds enter either into ye one or ye other: ſith either it ſhould behooue them to goe to the Maſſe, or elſe to ſuffer grieuous torments.
6 The third point of the queſtion propounded, Whether Chriſtian magiſtrates may vſe Exile for a puniſhmentis whether at this day it be lawfull for Chriſtian Magiſtrates to vſe Exiles. Which if it be graunted, it is demaunded whether kinde muſt be choſen. But that this kinde of puniſhment is lawful, That it is lawfull.manie Argumentes perſwade. Firſt of all God commaunded Adam to be baniſhed when he caſt him out of paradiſe. The ſame puniſhment he laid vppon Caine. Wherefore he ſaith: This day doeſt thou caſt me out from thy face. Gen. 4. 14.But God therefore did not ſlay him, becauſe of ye ſcarcitie of men, or elſe for ſome other cauſes vnknowen vntounto vsus: yet neuertheleſſe cōmaunded him into Exile. So yt (as I ſayd before,) there were certaine Cities of refuge appointed by ye lawe of God, vntounto which they retyred thēſelues, which vnwittinglie cōmitted murther. Alſo it is manifeſt out of the booke of Iudges, that Giphtha, Iud. 11. 2.being caſt out from his brethren, liued in Exile in the land of Tob. And king Dauid, when Abſalon was returned out of Geſſair, baniſhed him from the Court to his owne houſe. Salomon alſo vſed baniſhmentes againſt Abiathar and Semei. 2. Sa. 14. 24And as we hauehave it in Amos the 7. Chapter, 3. kings. 2. 36. Ibid. 26.Amaſias commaunded the Prophet in the kinges name, that he ſhould depart out of the boundes of Samaria. Likewiſe in the lawe of God, Amos. 7. ver. 13.the leapers were baniſhed out of the Cities frō the congregation of men vntounto ſolitarie places. Leui. 13. 40 Numb. 5. 2Yea and excommunication it ſelfe ſéemeth to be a certaine kinde of Exile. Inſomuch as Chriſtians are commaunded to ſhunne wicked men: neither is it lawfull to admit thoſe into ſocietie. Alſo naturall reaſon admoniſheth vsus hereof. For Cities are ſaid to be certaine bodies, and for the health of bodies, Phiſitiās hauehave bin accuſtomed to remooue naughtie humors and corrupt members, thinking it a great deale more ſafe, that they ſhould be caſt away, than that they being kept, ſhould diſturbe the whole bodie. The ſame thing is obſerued in vines, which euerie yeare are pruned, leaſt the vnprofitable twigges ſhould hurt the fruite. Alſo the vnprofitable braunches of trées are woont at certaine times of the yeare to be ſhred and cut away. Herewithall concurreth, that all ſinnes are not alike, and that therefore all are not to be puniſhed with death. Wherefore it appeareth that there is place left for baniſhment, neither is this kinde of puniſhment vnprofitable to them that are puniſhed. For if they ſhould dwell among their owne Citizens, aſwell the fault committed, as alſo other kinde of puniſhmentes would dailie be caſt in their téeth.
7 On the contrarie part the Arguments are as manie which diſwade verie much frō this kinde of puniſhment. That it is not lawfull for Chriſtian Magiſtrates.Firſt that the law of God hath not preſcribed a iuſt Exile, ſéeing that which it commaundeth as touching Cities of refuge, belonged not vntounto a iuſt Exile. Further it behooueth that puniſhmēts be ſuch as either they ſhould make him better that is puniſhed, or at the leaſtwiſe, ſhould terrifie others from ſinnes: but Exile ſéemeth to performe neither of both. For they which are driuen out of a Citie, are not therefore made anie thing the better, but rather become ye woorſe. Put the caſe that ſome man be caſt foorth of a Citie which profeſſeth the Goſpell, he perhaps goeth vntounto a papiſticall Citie, and there is made an Idolater. Adde that Euripedes writeth that among other diſcommodities of baniſhment, there is duplicate page duplicate page taken away the libertie of ſpeaking, for a ſtrāger dare not in an other countrie ſpeake fréelie that which he thinketh. Although that he will retaine the lawfull woorſhipping of God, yet ſhall he heare many things againſt the ſame, and hardlie will he be bould to defend it fréelie. Oftentimes did Dauid while he was in Exile lament that he lacked the holy congregation and communion of the Sacrifices. Moreouer in this reſpect are baniſhed men made the woorſe, becauſe they become enemies to their natiue countrie, and conceiue hatred againſt it: and in ſuch ſort cōceiue it as they dare oftentimes ioyne themſelues with enemies, and as much as in them lyeth betray their countrie vntounto thē. And thus we reade that Coriolanus did, when he went to the Volſi. The like Plutarch noting in a booke intituled, The vertue and fortune of Alexander, taught that baniſhmentes are oftentimes certaine ſéedes of warres. Certainlie Dauid himſelfe, when he liued in Exile, was conſtrained euen againſt his will, to come into battaile with the Philiſtians againſt the Iſraelites. But if a man will ſay, that Camillus a baniſhed man, deliuered his countrie, and that the baniſhed Athenians ſaued the Citie of Athens from 30 Tyrantes: we aunſwere, that ſo notable exploytes happen not oftentimes but verie ſeldome, but we muſt hauehave regard vntounto thoſe thinges which happen for ye moſt part. Furthermore wicked men are not made the better by baniſhment, becauſe they count y• kinde of puniſhment moſt eaſie. For they ſay with themſelues: Although I ſhall depart hence, yet the Sunne and Moone are alſo ſéene in other Regions: and that which ſome hauehave doone of a vertue, they doe with diſhoneſtie. For whē it was obiected againſt a Philoſopher that he ſhould be baniſhed, he anſwered that he was a Citizen of the world. Diogenes when he heard that the Citizens of Sinope had commaunded, that he ſhould be baniſhed out of Pontus: ſayd, I in like manner condemne them that they be perpetuallie vppon the ſhores of Pontus Euxinus. They alledge alſo that Themiſtocles who while he liued in baniſhment, was verie much inriched, and ſaid vntounto thoſe that were with him: Yong men, vnleſſe we had peariſhed we ſhould hauehave bin vtterlie vndoone. By ſuch examples, baniſhed men are made the bolder, and ſeldome are the better. Out of Caelius the 20 booke 1. Chapter, we hauehave learned that L. Neracius hauing confidence in riches, was verie proud and malepeart, ſo that it was a game and paſtime vntounto him to ſtrike a frée man on the face: vppon which fault in verie déede was laid a penaltie of twentie fiue péeces of monie called Aſſes. Whefore he caried a ſeruant about with him, which ware a purſe well ſtuffed with monie: but he at his owne pleaſure bid beate verie manie, and ſtraightwayes commaunded to pay them xxv péeces of that monie. So then a light puniſhment dooth the more eaſilie prouoke vntounto ſinne. Herewithall adde, that baniſhed men, ſeeing they know the ſecretes of a Citie, and diſcommodities of the Citizens, doe verie often ſhewe all thoſe thinges vntounto the enemies. Moreouer to excuſe themſelues, they defame their owne Citie: and the Citizens which be therein, and are held in eſtimation; they affirme them to be more wicked than themſelues. And they ſet foorth the examples of Socrates, Ariſtides, and Cicero, who were ſometime driuen into exile. Beſides foorth, if the auouterer and auoutereſſe be caſt out for adultrie, they méete againe together in an other place, and perſeuere in the ſame wickedneſſe. And when men hauehave robbed in their owne countrie, they being caſt foorth of the ſame, will not ceaſe to rob elſewhere: ſo as their ſinnes be not hindered by their baniſhment. Alſo this puniſhment ſéemes to be much againſt charitie towardes our neighbors. For when a prouince or Citie hath wicked men among them, they ſo diſburden themſelues, as they burden other Cities and prouinces. Beſides, they which ſo be caſt foorth, if they might abide in their countrie, would be more diligentlie marked, ſéeing they be there well knowen: but in an other land, where they are not knowen, they both ſinne more eaſilie and alſo eſcape vnpuniſhed. And at home Infamie would beare a ſtroke with them, and they would be aſhamed, when as in an other place, they liue without ſhame. If Citizens ſhould ſo ſend out one infected with the plague as they would commaund him to enter into other Cities, thoſe Cities would not onelie put him backe, but would alſo complaine and that greeuouſlie of thoſe men. But if it would be vniuſt, as touching the ſickneſſe of the bodie, what are we to iudge concerning the vices of the minde? Alſo if a man by poyſon kill a condemned man, he ſhould be accounted moſt wicked: Howbeit to ſend miſchéeuous men into ſtrange landes, ſéemeth to be nothing elſe but to infect them. There might be other Arguments and that verie manie to perſwade on this behalfe, but theſe ſéeme to be the chiefeſt.What vſe of baniſhment is to be retained.
8 Now are we to determine which may ſéeme to be the right way. Doubtleſſe it appeareth vntounto me that either part is to be imbraced: and I would ſay, that the vſe of baniſhmentes is after ſome ſort to be retained, but not ſo, that baniſhed men ſhould be ſent vntounto others, among whome they ſhould become the woorſe, and to infect them. Wherefore they ought to be baniſhed within the boundes of the dominion ſubiect vntounto the Magiſtrate. For wicked men ſhould the eaſilier be reſtrained, if it were not frée for them to wander here and there, and according to the greatneſſe or lightneſſe of their offence, ſo may they limit vntounto them places more painefull or more commodious. And aſſuredlie God when he would baniſh Adam and Caine, Whither Adam was baniſhed.he ſent them not foorth of his dominion. Further the lawes of Moſes ſo appointed the Cities of refuge, In what ſort Moſes appointed the Cities of refuge.as he would hauehave them to be certaine. But thou wilt ſay: Then will all places be filled with baniſhed men: I aunſwere that we muſt not eaſilie be led vntounto this kinde of puniſhment. For there be other kindes of puniſhmentes, as are priſonmentes, leſſening of ſubſtance, remouing from offices, and diuers other. Moreouer God ſent not into exile, Core, Dathan, and Abiron, when they were ſeditious men: neither did he condemne vntounto baniſhment Achan an haynous offender. Ioſua. 7. 25.Baniſhmentes then muſt be vſed otherwhile, but not often. The Roman lawes when libertie ſtoode, did not caſt foorth into Exile (as it hath bin ſaid) although they ſuffered, ſuch as were willing to depart. 2. Sa. 14. 24.Dauid baniſhed Abſolon, but not out of the boundes [of his dominion. 3. kings. 2. ver. 26. & 36. Iud. 11. 2.] Salomon alſo commaunded that Abiathar and Semei ſhould be baniſhed, but he caſt them not foorth of Ieruſalem. Iephta alſo was caſt out by his brethren, but yet into the lād of Tob which is thought to hauehave bin in ye tribe of Gad. Neither is there anie néede to take an example of wicked Amaſias, although he caſt not foorth the prophet out of ye tribes of ye Iewes: for he ſent him into ye tribe of Iuda. Alſo ye Leapers were cōmaunded by ye lawe to be out of ye Cities, & to wander among deſolate places, yet were they not ſent away vntounto ſtrange Nations, neither was it a ſinne to be ſtricken with leproſie. So then, that ſeparatiō muſt not be counted a puniſhment, but rather a certaine caution, leaſt they that were whole ſhould be infected. Excommunication which was ſaid to be a certaine kinde of baniſhment, dooth not vtterlie caſt men out of the Church: becauſe it is lawfull for the excommunicates to heare the word of God. Further they are admoniſhed by the faithfull, althouth it be not lawfull to be conuerſant with them for the ſoule ſake. Moreouer the Church ceaſeth not to pray for them, that they may repent and returne into the way againe. True in déede it is, that ill humors are driuen out of the bodie: and corrupt members out of the Commonweale, vnfruitfull twigges and bowes are cut off, aſwel from vines as from trées: howbeit betweene theſe things & baniſhed men there is no iuſt cōpariſon: for theſe things being cut off and expelled, cannot hurt as doe baniſhed men, who are woont to hurt both themſelues and others alſo. Beſides, true it is which is commonlie ſaid, Where an euill muſt be correctedthat an euill muſt be corrected where it is bred. But ſome man will obiect that it would be vnprofitable, if baniſhed men ſhould be had in ſuch places: for there perhappes they can not doe or occupy anie thing. Hereunto may be ſaid, they are baniſhed vntounto worke. In times paſt leawd men were ſent away vntounto ye Quarries & Mines. And at this day in manie places, they are ſent into Gallies, that they may neither hurt themſelues nor others, and that they may labour with ſome profite to the Commonweale. By this meanes might the inconueniences which come by baniſhed men be taken away. Theſe thinges vndoubtedlie are not ſet downe of vsus by reaſons Demonſtratiue, but confirmed as me thinketh by probable reaſons. foreign.This moreouer I thinke good to adde, that if anie through feare flie away of their owne accord, the Citie is not therefore to be blamed, becauſe it could not let them. But yet it ſéemeth not to be well aduiſed, if afterward it forbiddeth them to returne. Better it ſhould be to ſuffer them to returne, whome being returned, they may ſend out vntounto ſuch places as they ſhal thinke to be due vntounto their miſdéedes.