nd the number of his followers, make no
difference in the offence, unless it be to aggravate it. The only
difference is, great robbers punish little ones, to keep them in their
obedience; but the great ones are rewarded with laurels and triumphs,
because they are too big for the weak hands of justice in this world,
and have the power in their own possession, which should punish
offenders. What is my remedy against a robber, that so broke into my
house? Appeal to the law for justice. But perhaps justice is denied, or
I am crippled and cannot stir, robbed and have not the means to do it.
If God has taken away all means of seeking remedy, there is nothing left
but patience. But my son, when able, may seek the relief of the law,
which I am denied: he or his son may renew his appeal, till he recover
his right. But the conquered, or their children, have no court, no
arbitrator on earth to appeal to. Then they may appeal, as lephtha did,
to heaven, and repeat their appeal till they have recovered the native
right of their ancestors, which was, to have such a legislative over
them, as the majority should approve, and freely acquiesce in. If it be
objected, This would cause endless trouble; I answer, no more than
justice does, where she lies open to all that appeal to her. He that
troubles his neighbour without a cause, is punished for it by the
justice of the court he appeals to: and he that appeals to heaven must
be sure he has right on his side; and a right too that is worth the
trouble and cost of the appeal, as he will answer at a tribunal that
cannot be deceived, and will be sure to retribute to every one according
to the mischiefs he hath created to his fellow subjects; that is, any
part of mankind: from whence it is plain, that he that conquers in an
unjust war can thereby have no title to the subjection and obedience of
the conquered.

Sect. 177. But supposing victory favours the right side, let us consider
a conqueror in a lawful war, and see what power he gets, and over whom.

First, It is plain he gets no power by his conquest over those that
conquered with him. They that fought on his side cannot suffer by the
conquest, but must at least be as much freemen as they were before. And
most commonly they serve upon terms, and on condition to share with
their leader, and enjoy a part of the spoil, and other advantages that
attend the conquering sword; or at least have a part of the subdued
country bestowed upon them. And