use the aggressor allows not
time to appeal to our common judge, nor the decision of the law, for
remedy in a case where the mischief may be irreparable. Want of a common
judge with authority, puts all men in a state of nature: force without
right, upon a man's person, makes a state of war, both where there is,
and is not, a common judge.

Sect. 20. But when the actual force is over, the state of war ceases
between those that are in society, and are equally on both sides
subjected to the fair determination of the law; because then there lies
open the remedy of appeal for the past injury, and to prevent future
harm: but where no such appeal is, as in the state of nature, for want
of positive laws, and judges with authority to appeal to, the state of
war once begun, continues, with a right to the innocent party to destroy
the other whenever he can, until the aggressor offers peace, and desires
reconciliation on such terms as may repair any wrongs he has already
done, and secure the innocent for the future; nay, where an appeal to
the law, and constituted judges, lies open, but the remedy is denied by
a manifest perverting of justice, and a barefaced wresting of the laws
to protect or indemnify the violence or injuries of some men, or party
of men, there it is hard to imagine any thing but a state of war: for
wherever violence is used, and injury done, though by hands appointed to
administer justice, it is still violence and injury, however coloured
with the name, pretences, or forms of law, the end whereof being to
protect and redress the innocent, by an unbiassed application of it, to
all who are under it; wherever that is not bona fide done, war is made
upon the sufferers, who having no appeal on earth to right them, they
are left to the only remedy in such cases, an appeal to heaven.

Sect. 21. To avoid this state of war (wherein there is no appeal but to
heaven, and wherein every the least difference is apt to end, where
there is no authority to decide between the contenders) is one great
reason of men's putting themselves into society, and quitting the state
of nature: for where there is an authority, a power on earth, from which
relief can be had by appeal, there the continuance of the state of war
is excluded, and the controversy is decided by that power. Had there
been any such court, any superior jurisdiction on earth, to determine
the right between Jephtha and the Ammonites, they had never come to a
state of wa