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.
178. But supposing, which seldom happens, that the conquerors and
conquered never incorporate into one people under the same laws and
freedom; let us see next what power a lawful conqueror has over the
subdued, and that I say is purely despotical. He has an absolute power
over the lives of those who, by an unjust war, have forfeited them,
but not over the lives or fortunes of those who engaged not in the
war, nor over the possessions even of those who were actually
engaged in it.
179. Secondly, I say, then, the conqueror gets no power but only
over those who have actually assisted, concurred, or consented to that
unjust force that is used against him. For the people having given
to their governors no power to do an unjust thing, such as is to
make an unjust war (for they never had such a power in themselves),
they ought not to be charged as guilty of the violence and injustice
that is committed in an unjust war any farther than they actually abet
it, no more than they are to be thought guilty of any violence or
oppression their governors should use upon the people themselves or
any part of their fellow-subjects, they having empowered them no
more to the one than to the other.
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