1 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. 2 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. 3 For the verbe Kalash is to gather or binde together. Therefore did they call Cities of refuge by this name, because they gathered themselues vnto 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 ⟨…⟩, 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 differe~ce betwéene these things. For peregrination is taken in hand willinglie and for sundrie causes, 4 not for the auoyding of punishment which should be laid vppon them at home. But so men speake, y t 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, 5 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 vnto exiles they haue ioyned those which vulgarlie are called Banna. 6 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, 7 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 vnto them which be caried into the Iland or vnto the Mines. And whereuppon these thinges beganne it is easie to be shewed. 8 The 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 vnder 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 vnto the Mines or into the Ilandes. Wherefore Cicero in his Oration for Caecinna said, 9 that Exile was the hauen of punishmentes, not an execution of death. 10 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 vnto an Altar. Neither must it be read vnto Armes, 11 as corruptedlie some copies haue. 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 co~trariwise 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.