Want of a common judge with authority puts all men in a
state of Nature; force without right upon a man's person makes a state
of war both where there is, and is not, a common judge.
20. But when the actual force is over, the state of war ceases
between those that are in society and are equally on both sides
subject to the judge; and, therefore, in such controversies, where the
question is put, "Who shall be judge?" it cannot be meant who shall
decide the controversy; every one knows what Jephtha here tells us,
that "the Lord the Judge" shall judge. Where there is no judge on
earth the appeal lies to God in Heaven. That question then cannot mean
who shall judge, whether another hath put himself in a state of war
with me, and whether I may, as Jephtha did, appeal to Heaven in it? Of
that I myself can only judge in my own conscience, as I will answer it
at the great day to the Supreme Judge of all men.
Chapter IV
Of Slavery
21. The natural liberty of man is to be free from any superior power
on earth, and not to be under the will or legislative authority of
man, but to have only the law of Nature for his rule.
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