reason, without a common superior on earth, with authority to judge
between them, is properly the state of nature. But force, or a declared
design of force, upon the person of another, where there is no common
superior on earth to appeal to for relief, is the state of war: and it is
the want of such an appeal gives a man the right of war even against an
aggressor, tho' he be in society and a fellow subject. Thus a thief,
whom I cannot harm, but by appeal to the law, for having stolen all that
I am worth, I may kill, when he sets on me to rob me but of my horse or
coat; because the law, which was made for my preservation, where it
cannot interpose to secure my life from present force, which, if lost, is
capable of no reparation, permits me my own defence, and the right of
war, a liberty to kill the aggressor, because 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.
Sec. 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