onquest is this: the conqueror, if
he have a just cause, has a despotical right over the persons of all,
that actually aided, and concurred in the war against him, and a right
to make up his damage and cost out of their labour and estates, so he
injure not the right of any other. Over the rest of the people, if there
were any that consented not to the war, and over the children of the
captives themselves, or the possessions of either, he has no power; and
so can have, by virtue of conquest, no lawful title himself to dominion
over them, or derive it to his posterity; but is an aggressor, if he
attempts upon their properties, and thereby puts himself in a state of
war against them, and has no better a right of principality, he, nor any
of his successors, than Hingar, or Hubba, the Danes, had here in
England; or Spartacus, had he conquered Italy, would have had; which is
to have their yoke cast off, as soon as God shall give those under their
subjection courage and opportunity to do it. Thus, notwithstanding
whatever title the kings of Assyria had over Judah, by the sword, God
assisted Hezekiah to throw off the dominion of that conquering empire.
And the lord was with Hezekiah, and he prospered; wherefore he went
forth, and he rebelled against the king of Assyria, and served him not,
2 Kings xviii. 7. Whence it is plain, that shaking off a power, which
force, and not right, hath set over any one, though it hath the name of
rebellion, yet is no offence before God, but is that which he allows and
countenances, though even promises and covenants, when obtained by
force, have intervened: for it is very probable, to any one that reads
the story of Ahaz and Hezekiah attentively, that the Assyrians subdued
Ahaz, and deposed him, and made Hezekiah king in his father's lifetime;
and that Hezekiah by agreement had done him homage, and paid him tribute
all this time.
CHAPTER. XVII.
OF USURPATION.
Sect. 197. AS conquest may be called a foreign usurpation, so usurpation
is a kind of domestic conquest, with this difference, that an usurper
can never have right on his side, it being no usurpation, but where one
is got into the possession of what another has right to. This, so far as
it is usurpation, is a change only of persons, but not of the forms and
rules of the government: for if the usurper extend his power beyond what
of right belonged to the lawful princes, or governors of the
commonwealth, it is tyranny added to u
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