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Locke, John

"Second Treatise Of Government"


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.


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