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supposing them not to have joined in the war either through infancy or
choice； they have done nothing to forfeit them； nor has the
conqueror any right to take them away by the bare right of having
subdued him that by force attempted his destruction； though；
perhaps； he may have some right to them to repair the damages he has
sustained by the war； and the defence of his own right； which how
far it reaches to the possessions of the conquered we shall see
by…and…by； so that he that by conquest has a right over a man's
person； to destroy him if he pleases； has not thereby a right over his
estate to possess and enjoy it。 For it is the brutal force the
aggressor has used that gives his adversary a right to take away his
life and destroy him； if he pleases； as a noxious creature； but it
is damage sustained that alone gives him title to another man's goods；
for though I may kill a thief that sets on me in the highway； yet I
may not （which seems less） take away his money and let him go； this
would be robbery on my side。 His force； and the state of war he put
himself in； made him forfeit his life； but gave me no title to his
goods。 The right； then； of conquest extends only to the lives of those
who joined in the war； but not to their estates； but only in order
to make reparation for the damages received and the charges of the
war； and that； too； with reservation of the right of the innocent wife
and children。
183。 Let the conqueror have as much justice on his side as could
be supposed； he has no right to seize more than the vanquished could
forfeit； his life is at the victor's mercy； and his service and
goods he may appropriate to make himself reparation； but he cannot
take the goods of his wife and children； they too had a title to the
goods he enjoyed； and their shares in the estate he possessed。 For
example； I in the state of Nature （and all commonwealths are in the
state of Nature one with another） have injured another man； and
refusing to give satisfaction； it is come to a state of war wherein my
defending by force what I had gotten unjustly makes me the
aggressor。 I am conquered； my life； it is true； as forfeit； is at
mercy； but not my wife's and children's。 They made not the war； nor
assisted in it。 I could not forfeit their lives； they were not mine to
forfeit。 My wife had a share in my estate； that neither could I
forfeit。 And my children also； being born of me； had a right to be
maintained out of my labour or substance。 Here then is the case： The
conqueror has a title to reparation for damages received； and the
children have a title to their father's estate for their
subsistence。 For as to the wife's share； whether her own labour or
compact gave her a title to it； it is plain her husband could not
forfeit what was hers。 What must be done in the case？ I answer： The
fundamental law of Nature being that all； as much as may be； should be
preserved； it follows that if there be not enough fully to satisfy
both… viz。； for the conqueror's losses and children's maintenance；
he that hath and to spare must remit something of his full
satisfaction； and give way to the pressing and preferable title of
those who are in danger to perish without it。
184。 But supposing the charge and damages of the war are to be
made up to the conqueror to the utmost farthing； and that the children
of the vanquished； spoiled of all their father's goods； are to be left
to starve and perish； yet the satisfying of what shall； on this score；
be due to the conqueror will scarce give him a title to any country he
shall conquer。 For the damages of war can scarce amount to the value
of any considerable tract of land in any part of the world； where
all the land is possessed； and none lies waste。 And if I have not
taken away the conqueror's land which； being vanquished； it is
impossible I should； scarce any other spoil I have done him can amount
to the value of mine； supposing it of an extent any way coming near
what I had overrun of his； and equally cultivated too。 The destruction
of a year's product or two （for it seldom reaches four or five） is the
utmost spoil that usually can be done。 For as to money； and such
riches and treasure taken away； these are none of Nature's goods； they
have but a phantastical imaginary value； Nature has put no such upon
them。 They are of no more account by her standard than the
Wampompeke of the Americans to an European prince； or the silver money
of Europe would have been formerly to an American。 And five years'
product is not worth the perpetual inheritance of land； where all is
possessed and none remains waste； to be taken up by him that is
disseised； which will be easily granted； if one do but take away the
imaginary value of money； the disproportion being more than between
five and five thousand； though； at the same time； half a year's
product is more worth than the inheritance where； there being more
land than the inhabitants possess and make use of； any one has liberty
to make use of the waste。 But their conquerors take little care to
possess themselves of the lands of the vanquished。 No damage therefore
that men in the state of Nature （as all princes and governments are in
reference to one another） suffer from one another can give a conqueror
power to dispossess the posterity of the vanquished； and turn them out
of that inheritance which ought to be the possession of them and their
descendants to all generations。 The conqueror indeed will be apt to
think himself master； and it is the very condition of the subdued
not to be able to dispute their right。 But； if that be all； it gives
no other title than what bare force gives to the stronger over the
weaker； and； by this reason； he that is strongest will have a right to
whatever he pleases to seize on。
185。 Over those； then； that joined with him in the war； and over
those of the subdued country that opposed him not； and the posterity
even of those that did； the conqueror； even in a just war； hath； by
his conquest； no right of dominion。 They are free from any
subjection to him； and if their former government be dissolved； they
are at liberty to begin and erect another to themselves。
186。 The conqueror； it is true； usually by the force he has over
them； compels them； with a sword at their breasts； to stoop to his
conditions； and submit to such a government as he pleases to afford
them； but the inquiry is； what right he has to do so？ If it be said
they submit by their own consent； then this allows their own consent
to be necessary to give the conqueror a title to rule over them。 It
remains only to be considered whether promises； extorted by force；
without right； can be thought consent； and how far they bind。 To which
I shall say； they bind not at all； because whatsoever another gets
from me by force； I still retain the right of； and he is obliged
presently to restore。 He that forces my horse from me ought
presently to restore him； and I have still a right to retake him。 By
the same reason； he that forced a promise from me ought presently to
restore it… i。e。； quit me of the o