the conquering people are not, I hope,
to be slaves by conquest, and wear their laurels only to shew they are
sacrifices to their leaders triumph. They that found absolute monarchy
upon the title of the sword, make their heroes, who are the founders of
such monarchies, arrant Draw-can-sirs, and forget they had any officers
and soldiers that fought on their side in the battles they won, or
assisted them in the subduing, or shared in possessing, the countries
they mastered. We are told by some, that the English monarchy is founded
in the Norman conquest, and that our princes have thereby a title to
absolute dominion: which if it were true, (as by the history it appears
otherwise) and that William had a right to make war on this island; yet
his dominion by conquest could reach no farther than to the Saxons and
Britons, that were then inhabitants of this country. The Normans that
came with him, and helped to conquer, and all descended from them, are
freemen, and no subjects by conquest; let that give what dominion it
will. And if I, or any body else, shall claim freedom, as derived from
them, it will be very hard to prove the contrary: and it is plain, the
law, that has made no distinction between the one and the other, intends
not there should be any difference in their freedom or privileges.

Sect. 178. But supposing, which seldom happens, that the conquerors and
conquered never incorporate into one people, under the same laws and
freedom; let us see next what power a lawful conqueror has over the
subdued: and that I say is purely despotical. He has an absolute power
over the lives of those who by an unjust war have forfeited them; but
not over the lives or fortunes of those who engaged not in the war, nor
over the possessions even of those who were actually engaged in it.

Sect. 179. Secondly, I say then the conqueror gets no power but only
over those who have actually assisted, concurred, or consented to that
unjust force that is used against him: for the people having given to
their governors no power to do an unjust thing, such as is to make an
unjust war, (for they never had such a power in themselves) they ought
not to be charged as guilty of the violence and unjustice that is
committed in an unjust war, any farther than they actually abet it; no
more than they are to be thought guilty of any violence or oppression
their governors should use upon the people themselves, or any part of
their fellow subjects, they hav