Protection from him, but is protected by the adverse party for his Contribution.  Seeing therefore such contribution is every where, as a thing inevitable, (notwithstanding it be an assistance to the Enemy,) esteemed lawfull; as totall Submission, which is but an assistance to the Enemy, cannot be esteemed unlawfull.  Besides, if a man consider that they who submit, assist the Enemy but with part of their estates, whereas they that refuse, assist him with the whole, there is no reason to call their Submission, or Composition an Assistance; but rather a Detriment to the Enemy.  But if a man, besides the obligation of a Subject, hath taken upon him a new obligation of a Souldier, then he hath not the liberty to submit to a new Power, as long as the old one keeps the field, and giveth him means of subsistence, either in his Armies, or Garrisons:  for in this case, he cannot complain of want of Protection, and means to live as a Souldier:  But when that also failes, a Souldier also may seek his Protection wheresoever he has most hope to have it; and may lawfully submit himself to his new Master.  And so much for the Time when he may do it lawfully, if hee will.  If therefore he doe it, he is undoubtedly bound to be a true Subject:  For a Contract lawfully made, cannot lawfully be broken.

By this also a man may understand, when it is, that men may be said to be Conquered; and in what the nature of Conquest, and the Right of a Conquerour consisteth:  For this Submission is it implyeth them all.  Conquest, is not the Victory it self; but the Acquisition by Victory, of a Right, over the persons of men.  He therefore that is slain, is Overcome, but not Conquered; He that is taken, and put into prison, or chaines, is not Conquered, though Overcome; for he is still an Enemy, and may save himself if hee can:  But he that upon promise of Obedience, hath his Life and Liberty allowed him, is then Conquered, and a Subject; and not before.  The Romanes used to say, that their Generall had Pacified such a Province, that is to say, in English, Conquered it; and that the Countrey was Pacified by Victory, when the people of it had promised Imperata Facere, that is, To Doe What The Romane People Commanded Them:  this was to be Conquered.  But this promise may be either expresse, or tacite:  Expresse, by Promise:  Tacite, by other signes.  As for example, a man that hath not been called to make such an expresse Promise, (because he is one whose power perhaps is not considerable;) yet if he live under their Protection openly, hee is understood to submit himselfe to the Government:  But if he live there secretly, he is lyable to any thing that may bee done to a Spie, and Enemy of the State.  I say not, hee does any Injustice, (for acts of open Hostility bear not that name); but that he may be justly put to death.  Likewise, if a man, when his Country is conquered, be out of it, he is not Conquered, nor Subject:  but if at his return, he submit to the Government, he is bound to obey it.  So that Conquest (to define it) is the Acquiring of the Right of Soveraignty by Victory.  Which Right, is acquired, in the peoples Submission, by which they contract with the Victor, promising Obedience, for Life and Liberty.