Should it be said that by living under the dominion of a prince
which one might leave, every individual has given a tacit consent to
his authority, and promised him obedience, it may be answered that
such implied consent can only take place where a man imagines that
the matter depends on his choice. But where he thinks (as all mankind
do who are born under established governments) that by his birth he
owes allegiance to a certain prince or certain government, it would be
absurd to infer a consent or choice, which he expressly, in this case,
renounces and abjures.
Can we seriously say that a poor peasant or artisan has a free choice
to leave his own country, when he knows no foreign language or manners,
and lives from day to day by the same small wages which he acquires?
We may as well assert that a man, by remaining in a vessel, freely
consents to the dominion of the master, though he was carried on board
while asleep, and must leap into the ocean and perish the moment he
leaves her.
What if the prince forbid his subjects to quit his dominions, as in
Tiberius’s time it was regarded as a crime in a Roman knight that he
had attempted to fly to the Parthians, in order to escape the tyranny
of that emperor? Or as the ancient Muscovites prohibited all travelling
under pain of death? And did a prince observe that many of his subjects
were seized with the frenzy of transporting themselves to foreign
countries, he would doubtless, with great reason and justice, restrain
them, in order to prevent the depopulation of his own kingdom. Would he
forfeit the allegiance of all his subjects by so wise and reasonable a
law? Yet the freedom of their choice is surely, in that case, ravished
from them.
A company of men who should leave their native country in order to
people some uninhabited region might dream of recovering their native
freedom; but they would soon find that their prince still laid claim to
them, and called them his subjects, even in their new settlement. And
in this he would but act conformably to the common ideas of mankind.
The truest tacit consent of this kind which is ever observed is when
a foreigner settles in any country, and is beforehand acquainted with
the prince and government and laws to which he must submit; yet is his
allegiance, though more voluntary, much less expected or depended on
than that of a natural born subject. On the contrary, his native prince
still asserts a claim to him. And if he punishes not the renegade when
he seizes him in war with his new prince’s commission, this clemency
is not founded on the municipal law, which in all countries condemns
the prisoner, but on the consent of princes who have agreed to this
indulgence in order to prevent reprisals.
Public-domain text, read in full here on John Shaqi.
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