Want
of a common judge with authority, puts all men in a state of
nature: force without right, upon a man's person, makes a state
of war, both where there is, and is not, a common judge.
Sec. 20. But when the actual force is over, the state of
war ceases between those that are in society, and are equally on
both sides subjected to the fair determination of the law;
because then there lies open the remedy of appeal for the past
injury, and to prevent future harm: but where no such appeal is,
as in the state of nature, for want of positive laws, and judges
with authority to appeal to, the state of war once begun,
continues, with a right to the innocent party to destroy the
other whenever he can, until the aggressor offers peace, and
desires reconciliation on such terms as may repair any wrongs he
has already done, and secure the innocent for the future; nay,
where an appeal to the law, and constituted judges, lies open,
but the remedy is denied by a manifest perverting of justice, and
a barefaced wresting of the laws to protect or indemnify the
violence or injuries of some men, or party of men, there it is
hard to imagine any thing but a state of war: for wherever
violence is used, and injury done, though by hands appointed to
administer justice, it is still violence and injury, however
coloured with the name, pretences, or forms of law, the end
whereof being to protect and redress the innocent, by an
unbiassed application of it, to all who are under it; wherever
that is not bona fide done, war is made upon the sufferers, who
having no appeal on earth to right them, they are left to the
only remedy in such cases, an appeal to heaven.
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