登陆注册
4132500000047

第47章 CHAP. XVI.(1)

Of CONQUEST.

Sec. 175. THOUGH governments can originally have no other rise than that before mentioned, nor polities be founded on any thing but the consent of the people; yet such have been the disorders ambition has filled the world with, that in the noise of war, which makes so great a part of the history of mankind, this consent is little taken notice of: and therefore many have mistaken the force of arms for the consent of the people, and reckon conquest as one of the originals of government. But conquest is as far from setting up any government, as demolishing an house is from building a new one in the place. Indeed, it often makes way for a new frame of a common-wealth, by destroying the former; but, without the consent of the people, can never erect a new one.

Sec. 176. That the aggressor, who puts himself into the state of war with another, and unjustly invades another man's right, can, by such an unjust war, never come to have a right over the conquered, will be easily agreed by all men, who will not think, that robbers and pyrates have a right of empire over whomsoever they have force enough to master; or that men are bound by promises, which unlawful force extorts from them.

Should a robber break into my house, and with a dagger at my throat make me seal deeds to convey my estate to him, would this give him any title? Just such a title, by his sword, has an unjust conqueror, who forces me into submission. The injury and the crime is equal, whether committed by the wearer of a crown, or some petty villain. The title of the offender, and the number of his followers, make no difference in the offence, unless it be to aggravate it. The only difference is, great robbers punish little ones, to keep them in their obedience; but the great ones are rewarded with laurels and triumphs, because they are too big for the weak hands of justice in this world, and have the power in their own possession, which should punish offenders. What is my remedy against a robber, that so broke into my house? Appeal to the law for justice. But perhaps justice is denied, or I am crippled and cannot stir, robbed and have not the means to do it.

If God has taken away all means of seeking remedy, there is nothing left but patience. But my son, when able, may seek the relief of the law, which I am denied: he or his son may renew his appeal, till he recover his right. But the conquered, or their children, have no court, no arbitrator on earth to appeal to.

Then they may appeal, as lephtha 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.

Sec. 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.

First, It is plain he gets no power by his conquest over those that conquered with him. They that fought on his side cannot suffer by the conquest, but must at least be as much freemen as they were before. And most commonly they serve upon terms, and on condition to share with their leader, and enjoy a part of the spoil, and other advantages that attend the conquering sword; or at least have a part of the subdued country bestowed upon them. And the conquering people are not, I hope, to be slaves by conquest, and wear their laurels only to shew they are sacrifices to their leaders triumph. They that found absolute monarchy upon the title of the sword, make their heroes, who are the founders of such monarchies, arrant Draw-can-sirs, and forget they had any officers and soldiers that fought on their side in the battles they won, or assisted them in the subduing, or shared in possessing, the countries they mastered.

We are told by some, that the English monarchy is founded in the Norman conquest, and that our princes have thereby a title to absolute dominion: which if it were true, (as by the history it appears otherwise) and that William had a right to make war on this island; yet his dominion by conquest could reach no farther than to the Saxons and Britons, that were then inhabitants of this country. The Normans that came with him, and helped to conquer, and all descended from them, are freemen, and no subjects by conquest; let that give what dominion it will. And if 1, or any body 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.

Sec. 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.

同类推荐
  • 明伦汇编宫闱典太皇太后部

    明伦汇编宫闱典太皇太后部

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 医学发明

    医学发明

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 佛说分别缘生经

    佛说分别缘生经

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 疯门全书

    疯门全书

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 洗冤集录

    洗冤集录

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
热门推荐
  • 超级脂肪兑换系统

    超级脂肪兑换系统

    新书《医路彩虹》已发,求收藏、推荐票、打赏! “贼老天,我愿意用我这一百多斤该死的肥肉换今年的风调雨顺!”随着陈致远这一声充满不甘的怒吼声,脂肪兑换系统从天而降!脂肪这种现代人避之不及的东西,在陈致远眼中那就是宝贝,万金难换的宝贝!21世纪什么最重要?人才!好吧,只要我脂肪足够,我能成为各个行业的顶尖人才!身为三流医学大专毕业的陈致远有一个医生梦,所以兑换了医术技能,内外儿妇中西医结合无所不能。身为一个前胖子的陈致远同时也是个吃货,所以兑换了食道技能,古今菜肴无所不会,各式菜肴不仅味道鲜美,而且可以治病。但这一切都需要脂肪,所以:各位胖纸们,来减肥吧,只要签下了契约,肥肉将要彻底离你远去。新书械医以发,直通车在作者推荐里,跪求收藏、推荐票!
  • 雨,活埋与飞缘魔

    雨,活埋与飞缘魔

    咦,什么是飞缘魔,是飞头蛮吗?飞头蛮和飞缘魔,名字虽然很像,但却是两种完全不同的妖怪哦,前者是能头身分离的怪物,后者可是美人,绝世美人!【活埋】金六郎睁开了眼睛,然而眼前还是一片漆黑,耳内的嗡嗡声越发聒噪,急速升高,如鹞子似的掠过脑海。是毒!毒的效力还在。胸口、腰上的伤火辣辣得疼,让他的眼角也一阵阵的抽动。
  • 王爷别装病

    王爷别装病

    世人皆知龙渠逍遥王是一个不苟言笑的王爷被皇上赐婚后就变得不正常了。世人怎会知这桩婚约是他梦寐以求的。“姑娘毁了我的清白,请问你该如何赔偿?”逍遥王眨巴着眼,看着白玖玖,等着她回复自己。“……”她这是救了一个二哈?直到某日白玖玖才真正的认识到自己真的救了只二哈。……逍遥王头顶草帽手持拨浪鼓转悠着,逗着那个已经进入熟睡的孩子笑……(简介废,重点在内容,随着章节数增多我也在进步,各位愿意见证我的进步嘛?)
  • 懒散道人

    懒散道人

    出无本,入无窍,周天之内,我为尊。本书又名《周天》,请知悉!
  • 蓬轩类记

    蓬轩类记

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 世间有你如此美丽

    世间有你如此美丽

    【不定时更新】在学校有段日子很忙,脑子装的事情太杂,总是忘东西。一位好朋友觉得我俩很久没一起吃午饭了,就跟我提了一嘴。我又怕自己忘记,连忙说:“好的好的,我先写个备忘录。”备忘录——中午跟某某某吃饭。班主任白了我一眼,“要不要再给你定个闹钟?咦……好像可行?[一个逗比扑街,心血来潮的日常随笔。因为世间有你,才显得如此美丽。]
  • 海棠谱

    海棠谱

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 妃倾天下:溺宠小娇妃

    妃倾天下:溺宠小娇妃

    重活一次,她要有仇报仇有冤报怨,继母嚣张,继妹狂傲,揍!渣男贱女惹人厌,踢!只是对外狂傲不羁,对他却避之蛇蝎。堂堂不近女色,嗜血无情的王爷偏偏看上她,不择手段要得到她,还霸气无比道:“夜摇光,除了本王无人敢娶你。”她嗤之以鼻,嚣张狂傲:“那也得看你有没有本事。”她与他斗智斗勇,究竟落入谁手?时境过迁,看着打她主意的人,他冷笑搂她入怀,“她是本王的女人,谁敢碰?”她以为他冷血无情呢?不近女色,可眼前的男人明明就是宠妻狂魔呀!实实在在的妻奴!他说:“你喜欢什么,本王给......”
  • 当代文坛点将录4

    当代文坛点将录4

    《当代文坛点将录》共五卷,收录五十位作家。文章大都出自名家之手,或为文坛名家或传主的亲友,或同被写的传主关系密切。他们写出的关于某一名家的创作背后的故事或花絮都是第一手材料,对于了解被写名家的创作与生活均有重要意义,同时也可以满足一般读者对著名作家的窥私欲。
  • 羽雪恋

    羽雪恋

    青梅竹马,不离不弃,相爱情缠,屡试不爽。颖少羽:看着你很不乖的样子,我不得不教教你。韩依雪:少羽,你看我要有多乖就有多乖乖的了啦。颖:这次来一训,下次你才能更乖不是吗?