And
therefore it is lawful for me to treat him as one who has put
himself into a state of war with me, i.e. kill him if I can;
for to that hazard does he justly expose himself, whoever
introduces a state of war, and is aggressor in it.
Sec. 19. And here we have the plain difference between the
state of nature and the state of war, which however some men
have confounded, are as far distant, as a state of peace, good
will, mutual assistance and preservation, and a state of enmity,
malice, violence and mutual destruction, are one from another.
Men living together according to reason, without a common
superior on earth, with authority to judge between them, is
properly the state of nature. But force, or a declared design
of force, upon the person of another, where there is no common
superior on earth to appeal to for relief, is the state of war:
and it is the want of such an appeal gives a man the right of war
even against an aggressor, tho' he be in society and a fellow
subject. Thus a thief, whom I cannot harm, but by appeal to
the law, for having stolen all that I am worth, I may kill, when
he sets on me to rob me but of my horse or coat; because the law,
which was made for my preservation, where it cannot interpose to
secure my life from present force, which, if lost, is capable of
no reparation, permits me my own defence, and the right of war, a
liberty to kill the aggressor, because the aggressor allows not
time to appeal to our common judge, nor the decision of the law,
for remedy in a case where the mischief may be irreparable.
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