Here then is the
case: the conqueror has a title to reparation for damages
received, and the children have a title to their father's estate
for their subsistence: for as to the wife's share, whether her
own labour, or compact, gave her a title to it, it is plain, her
husband could not forfeit what was her's. What must be done in
the case? I answer; the fundamental law of nature being, that
all, as much as may be, should be preserved, it follows, that if
there be not enough fully to satisfy both, viz, for the
conqueror's losses, and children's maintenance, he that hath, and
to spare, must remit something of his full satisfaction, and give
way to the pressing and preferable title of those who are in
danger to perish without it.
Sec. 184. But supposing the charge and damages of the war
are to be made up to the conqueror, to the utmost farthing; and
that the children of the vanquished, spoiled of all their
father's goods, are to be left to starve and perish; yet the
satisfying of what shall, on this score, be due to the conqueror,
will scarce give him a title to any country he shall conquer: for
the damages of war can scarce amount to the value of any
considerable tract of land, in any part of the world, where all
the land is possessed, and none lies waste. And if I have not
taken away the conqueror's land, which, being vanquished, it is
impossible I should; scarce any other spoil I have done him can
amount to the value of mine, supposing it equally cultivated, and
of an extent any way coming near what I had overrun of his.
Pages:
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165