[100]
For, as they have produced these arguments from the civil law, I
wish they would also produce any case of men having had either their rights of citizenship or
their freedom taken away by law. For as to banishment, it is very easy to be understood what
sort of thing that is. For banishment is not a punishment, but is a refuge and harbour of
safety from punishment. For those who are desirous to avoid some punishment or some calamity,
turn to banishment alone,— that is to say, they change their residence and their
situation, and, therefore, there will not be found in any law of ours, as there is in the laws
of other states, any mention of any crime being punished with banishment. But as men wished to
avoid imprisonment, execution, or infamy, which are penalties ,appointed by the laws, they
flee to banishment as to an altar, though, if they chose to remain in the city and to submit
to the rigour of the law, they would not lose their rights of citizenship sooner than they
lost their lives; but because they do not so choose, their rights of citizenship are not taken
from them, but are abandoned and laid aside by them. For as, according to our law, no one can
be a citizen of two cities, the rights of citizenship here are lost when he who has fled is
received into banishment,—that is to say, into another city.
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