for their good and the preservation of their property。 Now this power；
which every man has in the state of Nature； and which he parts with to
the society in all such cases where the society can secure him； is
to use such means for the preserving of his own property as he
thinks good and Nature allows him； and to punish the breach of the law
of Nature in others so as （according to the best of his reason） may
most conduce to the preservation of himself and the rest of mankind；
so that the end and measure of this power； when in every man's
hands； in the state of Nature； being the preservation of all of his
society… that is； all mankind in general… it can have no other end
or measure； when in the hands of the magistrate； but to preserve the
members of that society in their lives； liberties； and possessions；
and so cannot be an absolute； arbitrary power over their lives and
fortunes； which are as much as possible to be preserved； but a power
to make laws； and annex such penalties to them as may tend to the
preservation of the whole； by cutting off those parts； and those only；
which are so corrupt that they threaten the sound and healthy； without
which no severity is lawful。 And this power has its original only from
compact and agreement and the mutual consent of those who make up
the community。
172。 Thirdly； despotical power is an absolute； arbitrary power one
man has over another； to take away his life whenever he pleases； and
this is a power which neither Nature gives； for it has made no such
distinction between one man and another； nor compact can convey。 For
man； not having such an arbitrary power over his own life； cannot give
another man such a power over it； but it is the effect only of
forfeiture which the aggressor makes of his own life when he puts
himself into the state of war with another。 For having quitted reason；
which God hath given to be the rule betwixt man and man； and the
peaceable ways which that teaches； and made use of force to compass
his unjust ends upon another where he has no right； he renders himself
liable to be destroyed by his adversary whenever he can； as any
other noxious and brutish creature that is destructive to his being。
And thus captives； taken in a just and lawful war； and such only；
are subject to a despotical power； which； as it arises not from
compact； so neither is it capable of any； but is the state of war
continued。 For what compact can be made with a man that is not
master of his own life？ What condition can he perform？ And if he be
once allowed to be master of his own life； the despotical； arbitrary
power of his master ceases。 He that is master of himself and his own
life has a right； too； to the means of preserving it； so that as
soon as compact enters； slavery ceases； and he so far quits his
absolute power and puts an end to the state of war who enters into
conditions with his captive。
173。 Nature gives the first of these… viz。； paternal power to
parents for the benefit of their children during their minority； to
supply their want of ability and understanding how to manage their
property。 （By property I must be understood here； as in other
places； to mean that property which men have in their persons as
well as goods。） Voluntary agreement 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。
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
175。 THOUGH governments can originally have no other rise than
that before mentioned； nor polities be founded on anything 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 a house is from building a new one in the place。
Indeed； it often makes way for a new frame of a commonwealth by
destroying the former； but； without the consent of the people； can
never erect a new one。
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
pirates 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 and 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 Jephtha 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。
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 free men 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 the conquering people
are not； I hope； to be slaves by conquest； and wear their laurels only
to show they are sacrifices to their leader's triumph。 They that found
absolute monarchy upon the title of the sword make their heroes； who
are the founders of such monarchies； arrant 〃draw…can…sirs；〃 and
forget they had any officers and soldiers that fought on their side in
the battles they won； or assisted them in the subduing； or shared in
possessing the countries they mastered。 We are told by some that the
English monarchy is founded in the Norman Conquest； and that our
princes have thereby a title to absolute dominion； which； if it were
true （as by the history it appears otherwise）； and that William had
a right to make war on this island； yet his dominion by conquest could
reach no farther than to the Saxons and Britons that were then
inhabitants of this country。 The Normans that came with him and helped
to conquer； and all descended from them； are free men and no
subjects by conquest； let that give what dominion it will。 And if I or
anybody else shall claim freedom as derived from them； it will be very
hard to prove the contrary； and it is plain； the law that has made
no distinction between the one and the other intends not there
should be any difference in their freedom or privileges。
178。 But supposing； which seldom happens； that the conquerors and
conquered never incorporate into one people under the same laws and
freedom； let us see next what power a lawful conqueror has over the
subdued； and that I say is purely despotical。 He has an absolute power
over the lives of those who； by an unjust war； have forfeited them；
but not over the lives or fortunes of those who engaged not in the
war； nor over the possessions even of those who were actually
engaged in it。
179。 Secondly； I say； then； the conqueror gets no power but only