But the conquered, or their children, have no court, no arbitrator on earth to appeal to.

Then they may appeal, as lephtha 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.
Sect.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 freemen as they were before.