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.
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.
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