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XVI.
OF CONQUEST.
Sect.175.THOUGH governments can originally have no other rise than that before mentioned, nor polities be founded on any thing 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 an 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.
Sect.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 pyrates 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.