your native country depends upon birth, moreover, since what has been done cannot be undone, your native country remains your native country, even if you establish your domicile outside of it, or abandon it, or even if you are driven out of it.
So England or France remains the native country of an Englishman or a Frenchman, even if he has established a domicile for himself outside of England or France, intending never to return to England or France. And although those born of French parents in Germany or Holland are still called French, because they derive their stock from a Frenchman; nevertheless their native country in the narrower sense is Germany or Holland, or the city in which they were born. Of course one must determine whether the name of Frenchman is applied to any one from his native land, or from his ancestors and parents, from whom he takes his origin. The same is understood of the Jews. Therefore in German idiom, which is well suited to express all ideas, we say Deutsche Juden [German Jews], or Polnische Juden [Polish Jews], according as they have Germany or Poland as a native country. And in the same manner of Frenchmen born in Germany or in Holland, we can say Deutsche [German] or Holländische Franzosen [Dutch Frenchmen].
§ 145. Of exile
§ 589, part 8, Jus Nat.
He is called an exile, who is driven out of the city or land where he has a domicile, or is compelled to depart without the stigma of disgrace. In our native vernacular he is said to be ein Vertriebener [banished], and ein Exulante [exile]. Since any right can be taken away by way of punishment, exile also can be a penalty. Exile is divided into voluntary, if one for the purpose of escaping a penalty or disaster departs of his own accord from the place where he has domicile, and involuntary, if he is compelled to depart by the decree of a judge or order of a ruler. In the former case, we say in the native vernacular, er sey flüchtig worden [he has] or er habe müssen flüchtig werden [had to become a fugitive]. If any one has a domicile in his native country, exile is a banishment from his native country, or a deprivation of the soil of his native country, and therefore
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an exile is one who is driven out of his native land, or deprived of the soil of his native land.
Cicero, in his “Pro Domo,” says, What is an exile? the name itself is indicative of disaster, not of disgrace.9 And therefore in the definition of exile we have taken away its stigma of disgrace. It is not now our purpose to describe more fully anything in the customs of the Romans. It is rather our purpose and desire that our notions should be adapted to our own custom, and be more universal and distinguishable from special peculiarities of certain peoples. In accordance with the custom of the Romans he was called an exile who was driven out of his native country, since a large number of foreigners did not, as among us, establish domiciles for themselves wherever they pleased. Among the Romans those went into exile who desired to escape some punishment, or even such as were not able to pay a fine, and it was necessary that those should depart who were forbidden water and fire, upon whom exile from home was thus imposed. But although even among us it may happen that exile is chosen instead of capital punishment or disgrace, nevertheless very often exile is accustomed to be inflicted; for example, when those are driven from the land, where they have domicile, who are unwilling to change their religion, or who hold to opinions not approved, or are thought dangerous to the magistracy, nay more, from any other cause whatsoever, either just or unjust. Indeed, some also go into exile on account of disaster of the times or adverse fortune which they experience, as on account of the conflagrations of war, unendurable famine or extreme poverty, into which they have fallen by some sad accident.
§ 146. Of the limitation of involuntary exile
§ 145.
§ 811, part 8, Jus Nat.
§§ 636, 833, part 8, Jus Nat.
§ 842, part 8, Jus Nat.
Since involuntary exile is imposed by decree of a judge, or by order of a ruler, even by way of penalty, moreover, since it belongs to the ruler to decide on those things which seem to him best to do for the public good and to determine the penalties from existing circumstances, and the
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right belongs to him likewise to abate and remit penalties, involuntary exile can be restricted to a definite place, both as regards the place from which he is bound to depart, and that in which he is bound to dwell as exile, and to a definite time.
§ 86, part 8, Jus Nat.
§ 1043, part 8, Jus Nat.
Thus exile may be inflicted for a period of ten years. Any one may be expelled from a city and its territory, or from a certain province. He may be compelled to be an exile in some remote province, or in some place a certain distance removed from the city. Among the English they are sent to the East Indies, among the Russians into Siberia. Here the will of the ruler controls, because public safety, the supreme law of the state, governs. Therefore these are merely civil questions, to be determined from those points which we have proved concerning the theory of civil laws in the eighth part of “The Law of Nature.” In the present case to be sure the order of the ruler makes the law, and it has the force of a statute as regards the person on whom exile is inflicted. It makes no difference that exile can be inflicted even without a just cause. For there are indeed civil laws that are unjust and unfair, because they have not been based on the natural theory of civil laws. When this happens, the ruler abuses his right. But this abuse has to be endured by subjects, and those things have to be endured by a private individual which he is not able to change.
§ 147. Of the right of the exile to dwell anywhere in the world
§ 145.
§ 7, part 2, Jus Nat.
§ 66, part 2, Jus Nat.
§ 562, part 6, Jus Nat.
By nature the right belongs to an exile to dwell anywhere in the world. For exiles do not cease to be human beings, because they are driven into exile, consequently compelled to depart from the place where they have domicile, a thing which is evident of itself. Therefore, since by nature all things are common, moreover since in primitive society any man is allowed to dwell anywhere in the world, and since by the introduction of ownership the necessary use of things, and consequently the right of living anywhere in the world cannot be absolutely taken away from any one, by nature the right belongs to an exile to live anywhere in the world.
§ 64, part 2, Jus Nat.
§ 563, part 6, Jus Nat.
§ 145.
A right belonging by nature to a man or born in him could be taken away from no one, and for this reason ownership could not be
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introduced, nor consequently could definite tracts of land be subjected to ownership, except with this tacit restriction, that, if in a special emergency the necessary use of things should happen to be taken completely from any one, some right would remain to him in those things which are subject to ownership, consequently, that it should be possible for him to dwell in a land subject to the ownership of some nation, even if he should be restrained from living with his own nation. Exiles are driven out or are compelled to depart from the place where they have domicile, and so they are not allowed to dwell with their own nation. Therefore by nature the right belongs to them to dwell in any place in the world which is subject to some other nation. He who is driven into exile cannot be driven out of the entire earth, for this cannot be done in a physical sense, unless life is destroyed, nor is it morally possible, since the ruler has no right over the lands not under his sovereignty.
§ 148. Of asking admittance
§ 147.
§ 409, part 8, Jus Nat.
Since by nature the right belongs to an exile to live anywhere in the world, moreover since it depends altogether on the will of the people, or on the will of the one who has the right of the people, whether or not he desires to receive an outsider into his state, an exile is allowed to ask admittance, but he cannot assuredly according to his liking determine domicile for himself, wherever he shall please, and if admittance is refused,