§. 176. That the aggressor, who puts himself into the state of war with
another, and unjustly invades another man's right, can, by such an unjust war,
never come to have a right over the conquered, will be easily agreed by all
men, who will not think that robbers and pirates have a right of empire over
whomsoever they have force enough to master, or that men are bound by promises
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 estate to him,
would this give him any title? Just such a title by his sword has an unjust
conqueror who forces me into submission. The injury and the crime is equal,
whether committed by the wearer of a crown or some 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
justice in this world, and have the power in their own possession which should
punish offenders. What is my remedy against a robber that so broke into my
house? Appeal to the law for justice. But perhaps justice is denied, or I am
crippled and cannot stir; robbed, and have not the means to do it. If God has
taken away all means of seeking remedy, there is nothing left but patience. But
my son, when able, may seek the relief of the law, which I am denied; he or his
son 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 appeal till they have
recovered the native right of their ancestors, which was to have such a
legislative over them as the majority should approve and freely acquiesce in.
If it be objected this would cause endless trouble, I answer, no more than
justice does, where she lies open to all that appeal to her. He that troubles
his neighbour without a cause 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
side, and a right, too, that is worth the trouble and cost of the appeal, as he
will answer at a tribunal that cannot be deceived, and will be sure to
retribute to every one according to the mischiefs he hath created to his
fellow-subjects — 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
subjection and obedience of the conquered.