His goods, which nature, that willeth the preservation of all
mankind as much as is possible, hath made to belong to the
children to keep them from perishing, do still continue to belong
to his children: for supposing them not to have joined in the
war, either thro'infancy, absence, or choice, they have done
nothing to forfeit them: nor has the conqueror any right to take
them away, by the bare title of having subdued him that by force
attempted his destruction; though perhaps he may have some right
to them, to repair the damages he has sustained by the war, and
the defence of his own right; which how far it reaches to the
possessions of the conquered, we shall see by and by. So that he
that by conquest has a right over a man's person to destroy him
if he pleases, has not thereby a right over his estate to possess
and enjoy it: for it is the brutal force the aggressor has used,
that gives his adversary a right to take away his life, and
destroy him if he pleases, as a noxious creature; but it is
damage sustained that alone gives him title to another man's
goods: for though I may kill a thief that sets on me in the
highway, yet I may not (which seems less) take away his money,
and let him go: this would be robbery on my side. His force, and
the state of war he put himself in, made him forfeit his life,
but gave me no title to his goods.
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