nt gives the second, viz. political power to governors
for the benefit of their subjects, to secure them in the possession and
use of their properties. And forfeiture gives the third despotical power
to lords for their own benefit, over those who are stripped of all
property.
Sect. 174. He, that shall consider the distinct rise and extent, and the
different ends of these several powers, will plainly see, that paternal
power comes as far short of that of the magistrate, as despotical
exceeds it; and that absolute dominion, however placed, is so far from
being one kind of civil society, that it is as inconsistent with it, as
slavery is with property. Paternal power is only where minority makes
the child incapable to manage his property; political, where men have
property in their own disposal; and despotical, over such as have no
property at all.
CHAPTER. XVI.
OF CONQUEST.
Sect. 175. THOUGH governments can originally have no other rise than
that before mentioned, nor polities be founded on any thing but the
consent of the people; yet such have been the disorders ambition has
filled the world with, that in the noise of war, which makes so great a
part of the history of mankind, this consent is little taken notice of:
and therefore many have mistaken the force of arms for the consent of
the people, and reckon conquest as one of the originals of government.
But conquest is as far from setting up any government, as demolishing an
house is from building a new one in the place. Indeed, it often makes
way for a new frame of a common-wealth, by destroying the former; but,
without the consent of the people, can never erect a new one.
Sect. 176. That the aggressor, who puts himself into the state of war
with another, and unjustly invades another man's right, can, by such an
unjust war, never come to have a right over the conquered, will be
easily agreed by all men, who will not think, that robbers and pyrates
have a right of empire over whomsoever they have force enough to master;
or that men are bound by promises, which unlawful force extorts from
them. Should a robber break into my house, and with a dagger at my
throat make me seal deeds to convey my estate to him, would this give
him any title? Just such a title, by his sword, has an unjust conqueror,
who forces me into submission. The injury and the crime is equal,
whether committed by the wearer of a crown, or some petty villain. The
title of the offender, a
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