§. 196. The short of the case in conquest, is this: The conqueror, if he have
a just cause, has a despotical right over the persons of all that actually
aided and concurred in the war against him, and a right to make up his damage
and cost out of their labour and estates, so he injure not the right of any
other. Over the rest of the people, if there were any that consented not to the
war, and over the children of the captives themselves or the possessions of
either he has no power, and so can have, by virtue of conquest, no lawful title
himself to dominion over them, or derive it to his posterity; but is an
aggressor, and puts himself in a state of war against them, and has no better a
right of principality, he, nor any of his successors, than Hingar, or Hubba,
the Danes, had here in England, or Spartacus, had be conquered Italy, which is
to have their yoke cast off as soon as God shall give those under their
subjection courage and opportunity to do it. Thus, notwithstanding whatever
title the kings of Assyria had over Judah, by the sword, God assisted Hezekiah
to throw off the dominion of that conquering empire. "And the Lord was
with Hezekiah, and he prospered; wherefore he went forth, and he rebelled
against the king of Assyria, and served him not" (II Kings 18. 7). Whence
it is plain that shaking off a power which force, and not right, hath set over
any one, though it hath the name of rebellion, yet is no offence before God,
but that which He allows and countenances, though even promises and covenants,
when obtained by force, have intervened. For it is very probable, to any one
that reads the story of Ahaz and Hezekiah attentively, that the Assyrians
subdued Ahaz, and deposed him, and made Hezekiah king in his father's lifetime,
and that Hezekiah, by agreement, had done him homage, and paid him tribute till
this time.
