The conqueror indeed will be apt to think himself
master: and it is the very condition of the subdued not to be
able to dispute their right. But if that be all, it gives no
other title than what bare force gives to the stronger over the
weaker: and, by this reason, he that is strongest will have a
right to whatever he pleases to seize on.
Sec. 185. Over those then that joined with him in the war,
and over those of the subdued country that opposed him not, and
the posterity even of those that did, the conqueror, even in a
just war, hath, by his conquest, no right of dominion: they are
free from any subjection to him, and if their former government
be dissolved, they are at liberty to begin and erect another to
themselves.
Sec. 186. The conqueror, it is true, usually, by the force
he has over them, compels them, with a sword at their breasts, to
stoop to his conditions, and submit to such a government as he
pleases to afford them; but the enquiry is, what right he has to
do so? If it be said, they submit by their own consent, then
this allows their own consent to be necessary to give the
conqueror a title to rule over them. It remains only to be
considered, whether promises extorted by force, without right,
can be thought consent, and how far they bind. To which I shall
say, they bind not at all; because whatsoever another gets from
me by force, I still retain the right of, and he is obliged
presently to restore.
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