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compact enters, flavery ceafes, and he so far quits his abfolute power, and puts an end to the state of war, who enters into conditions with his captive.

§. 173. Nature gives the first of these, viz. paternal power to parents for the benefit of their children during their minority, to fupply their want of ability, and understanding how to manage their property. (By property I must be understood here, as in other places, to mean that property which men have in their perfons as well as goods.) Voluntary agreement gives the fecond, viz. political power to governors for the benefit of their subjects, to fecure them in the poffeffion and use of their properties. And forfeiture gives the third defpotical power to lords for their own benefit, over thofe who are ftripped of all property:

§. 174. He, that fhall confider the diftinct rife and extent, and the different ends of these several powers, will plainly fee, that paternal power comes as far thort of that of the magiftrate, as defpotical exceeds it; and that abfolute dominion, however placed, is so far from being one kind of civil fociety, that it is as inconfiftent with it, as flavery is with property. Paternal power is only where minority makes the child incapable to manage his property; political, where men have property in their own difpofal; and defpotical, over fuch as have no property at all.

CHAP.

§. 175.

CHA P. XVI,

Of C ON QUEST.

T

Hough governments can originally have no other rife than that before mentioned, nor polities be founded on any thing but the confent of the people; yet fuch have been the disorders ambition has filled the world with, that in the noife of. war, which makes fo great a part of the history of mankind, this confent is little taken notice of: and therefore many have mistaken the force of arms for the confent of the people, and reckon conqueft as one of the originals of government. But conqueft is as far from setting up any government, as demolishing an houfe is from building a new one in the place. Indeed, it often makes way for a new frame of a common-wealth, by deftroying the former; but, without the confent of the people, can never erect a

new one.

§. 176. That the aggreffor, who puts himfelf into the ftate of war with another, and unjustly invades another man's right, can, by fuch an unjust war, never come to have a right over the conquered, will be eafily agreed by all men, who will not think, that robbers and pyrates have a right of empire over whomfoever they have force enough to mafter; or that men are bound by promifes, which

A a

which unlawful force extorts from them. Should a robber break into my house, and with a dagger at my throat make me seal deeds to convey my eftate to him, would this give him any title? Juft fuch a title, by his fword, has an unjust conqueror, who forces me into fubmiffion. The injury and the crime is equal, whether committed by the wearer of a crown, or fome petty villain. The title of the offender, and the number of his followers, make no difference in the offence, unless it be to aggravate it. The only difference is, great robbers punish little ones, to keep them in their obedience; but the great ones are rewarded with laurels and triumphs, because they are too big for the weak hands of juftice in this world, and have the power in their own poffeffion, which fhould punish offenders. What is my remedy against a robber, that fo broke into my houfe? Appeal to the law for juftice. But perhaps juftice is denied, or I am crippled and cannot ftir, robbed and have not the means to do it. If God has taken away all means of feeking remedy, there is nothing left but patience. But my fon, when able, may feek the relief of the law, which I am denied: he or his fon may renew his appeal, till he recover his right. But the conquered, or their children, have no court, no arbitrator on earth to appeal to. Then they may appeal, as Jephtha did, to heaven, and repeat

their

their appeal till they have recovered the native right of their ancestors, which was, to have fuch a legiflative over them, as the majority fhould approve, and freely acquiefce in. If it be objected, This would cause endless trouble; I answer, no more than justice does, where the lies open to all that appeal to her. He that troubles his neighbour without a caufe, is punished for it by the justice of the court he appeals to and he that appeals to heaven must be sure he has right on his fide; and a right too that is worth the trouble and coft of the appeal, as he will anfwer at a tribunal that cannot be deceived, and will be fure to retribute to every one according to the mifchiefs he hath created to his fellow fubjects; that is, any part of mankind: from whence it is plain, that he that conquers in an unjust war can thereby have no title to the fubjection and obedience of the conquered.

§. 177. But fuppofing victory favours the right fide, let us confider a conqueror in a lawful war, and fee what power he gets, and over whom.

First, It is plain he gets no power by his conqueft over thofe that conquered with him. They that fought on his fide cannot suffer by the conqueft, but must at least be as much freemen as they were before. And most commonly they ferve upon terms, and on condition to fhare with their leader, and enjoy a part of the spoil, and other advantages A a 2

that

that attend the conquering fword; or at least have a part of the fubdued country bestowed upon them. And the conquering people are not, I hope, to be flaves by conqueft, and wear their laurels only to fhew they are facrifices to their leaders triumph. They that found abfolute monarchy upon the title of the fword, make their heroes, who are the founders of fuch monarchies, arrant Draw-can-firs, and forget they had any officers and foldiers that fought on their fide in the battles they won, or affifted them in the fubduing, or shared in poffeffing, the countries they mastered. We are told by fome, that the English monarchy is founded in the Norman conqueft, and that our princes have thereby a title to abfolute dominion: which if it were true, (as by the history it appears otherwise) and that William had a right to make war on this ifland; yet his dominion by conqueft could reach no farther than to the Saxons and Britons, that were then inhabitants of this country.

The Normans that came with him, and helped to conquer, and all defcended from them, are freemen, and no fubjects by conqueft; let that give what dominion it will. And if I, or any body elfe, fhall claim freedom, as derived from them, it will be very hard to prove the contrary: and it is plain, the law, that has made no distinction between the one and the other, intends not there

fhould

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