that
point, wherein having liberty to submit to him, he consenteth, either by
expresse words, or by other sufficient sign, to be his Subject. When it
is that a man hath the liberty to submit, I have showed before in the
end of the 21. Chapter; namely, that for him that hath no obligation to
his former Soveraign but that of an ordinary Subject, it is then, when
the means of his life is within the Guards and Garrisons of the Enemy;
for it is then, that he hath no longer 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 General