ing empowered them no more to the one
than to the other. Conquerors, it is true, seldom trouble themselves to
make the distinction, but they willingly permit the confusion of war to
sweep all together: but yet this alters not the right; for the
conquerors power over the lives of the conquered, being only because
they have used force to do, or maintain an injustice, he can have that
power only over those who have concurred in that force; all the rest are
innocent; and he has no more title over the people of that country, who
have done him no injury, and so have made no forfeiture of their lives,
than he has over any other, who, without any injuries or provocations,
have lived upon fair terms with him.

Sect. 180. Thirdly, The power a conqueror gets over those he overcomes
in a just war, is perfectly despotical: he has an absolute power over
the lives of those, who, by putting themselves in a state of war, have
forfeited them; but he has not thereby a right and title to their
possessions. This I doubt not, but at first sight will seem a strange
doctrine, it being so quite contrary to the practice of the world; there
being nothing more familiar in speaking of the dominion of countries,
than to say such an one conquered it; as if conquest, without any more
ado, conveyed a right of possession. But when we consider, that the
practice of the strong and powerful, how universal soever it may be, is
seldom the rule of right, however it be one part of the subjection of
the conquered, not to argue against the conditions cut out to them by
the conquering sword.

Sect. 181. Though in all war there be usually a complication of force
and damage, and the aggressor seldom fails to harm the estate, when he
uses force against the persons of those he makes war upon; yet it is the
use of force only that puts a man into the state of war: for whether by
force he begins the injury, or else having quietly, and by fraud, done
the injury, he refuses to make reparation, and by force maintains it,
(which is the same thing, as at first to have done it by force) it is
the unjust use of force that makes the war: for he that breaks open my
house, and violently turns me out of doors; or having peaceably got in,
by force keeps me out, does in effect the same thing; supposing we are
in such a state, that we have no common judge on earth, whom I may
appeal to, and to whom we are both obliged to submit: for of such I am
now speaking. It is the unjust use of