§. 177. But supposing victory favours the right side, let us consider a
conqueror in a lawful war, and see what power he gets, and over whom.
First, it is plain he gets no power by his conquest over those that
conquered with him. They that fought on his side cannot suffer by the conquest,
but must, at least, be as much free men as they were before. And most commonly
they serve upon terms, and on condition to share with their leader, and enjoy a
part of the spoil and other advantages that attend the conquering sword, or, at
least, have a part of the subdued country bestowed upon them. And the
conquering people are not, I hope, to be slaves by conquest, and wear their
laurels only to show they are sacrifices to their leader's triumph. They that
found absolute monarchy upon the title of the sword make their heroes, who are
the founders of such monarchies, arrant "draw-can-sirs," and forget
they had any officers and soldiers that fought on their side in the battles
they won, or assisted them in the subduing, or shared in possessing the
countries they mastered. We are told by some that the English monarchy is
founded in the Norman Conquest, and that our princes have thereby a title to
absolute dominion, which, if it were true (as by the history it appears
otherwise), and that William had a right to make war on this island, yet his
dominion by conquest 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 descended from them, are free men and no subjects by
conquest, let that give what dominion it will. And if I or anybody else shall
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 should be any difference in their freedom or
privileges.
