But granting that the conqueror, in a just war, has a right
to the estates, as well as power over the persons of the conquered,
which, it is plain, he hath not, nothing of absolute power will follow
from hence in the continuance of the government. Because the
descendants of these being all free men, if he grants them estates and
possessions to inhabit his country, without which it would be worth
nothing, whatsoever he grants them they have so far as it is granted
property in; the nature whereof is, that, without a man's own consent,
it cannot be taken from him.
194. Their persons are free by a native right, and their properties,
be they more or less, are their own, and at their own dispose, and not
at his; or else it is no property. Supposing the conqueror gives to
one man a thousand acres, to him and his heirs for ever; to another he
lets a thousand acres, for his life, under the rent of L50 or L500 per
annum. Has not the one of these a right to his thousand acres for
ever, and the other during his life, paying the said rent? And hath
not the tenant for life a property in all that he gets over and
above his rent, by his labour and industry, during the said term,
supposing it be double the rent? Can any one say, the king, or
conqueror, after his grant, may, by his power of conqueror, take
away all, or part of the land, from the heirs of one, or from the
other during his life, he paying the rent? Or, can he take away from
either the goods or money they have got upon the said land at his
pleasure? If he can, then all free and voluntary contracts cease,
and are void in the world; there needs nothing but power enough to
dissolve them at any time, and all the grants and promises of men in
power are but mockery and collusion.
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