Those who have written on the rights of men, have been much tormented to know for certain if a man who has been banished from his fatherland still belongs to his fatherland. It is nearly the same thing as asking if a gambler who has been driven away from the gaming-table is still one of the gamblers.
If to every man it is permitted by natural right to choose his fatherland, he who has lost the right of citizen can, with all the more reason, choose for himself a new fatherland; but can he bear arms against his former fellow-citizens? There are a thousand examples of it. How many French protestants naturalized in Holland, England and Germany have served against France, and against armies containing their own kindred and their own brothers! The Greeks who were in the King of Persia's armies made war on the Greeks, their former compatriots. One has seen the Swiss in the Dutch service fire on the Swiss in the French service. It is still worse than to fight against those who have banished you; for, after all, it seems less dishonest to draw the sword for vengeance than to draw it for money.
BANKRUPTCY
Few bankruptcies were known in France before the sixteenth century. The great reason is that there were no bankers. Lombards, Jews lent on security at ten per cent: trade was conducted in cash. Exchange, remittances to foreign countries were a secret unknown to all judges.
It is not that many people were not ruined; but that was not called bankruptcy; one said discomfiture; this word is sweeter to the ear. One used the word rupture as did the Boulonnais; but rupture does not sound so well.
The bankruptcies came to us from Italy, bancorotto, bancarotta, gambarotta e la giustizia non impicar. Every merchant had his bench (banco) in the place of exchange; and when he had conducted his business badly, declared himself fallito, and abandoned his property to his creditors with the proviso that he retain a good part of it for himself, be free and reputed a very upright man. There was nothing to be said to him, his bench was broken, banco rotto, banca rotta; he could even, in certain towns, keep all his property and baulk his creditors, provided he seated himself bare-bottomed on a stone in the presence of all the merchants. This was a mild derivation of the old Roman proverb—solvere aut in aere aut in cute, to pay either with one's money or one's skin. But this custom no longer exists; creditors have preferred their money to a bankrupt's hinder parts.
In England and in some other countries, one declares oneself bankrupt in the gazettes. The partners and creditors gather together by virtue of this announcement which is read in the coffee-houses, and they come to an arrangement as best they can.
As among the bankruptcies there are frequently fraudulent cases, it has been necessary to punish them. If they are taken to court they are everywhere regarded as theft, and the guilty are condemned to ignominious penalties.