l 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.

In the 29th Chapter I have set down for one of the causes of the
Dissolutions of Common-wealths, their Imperfect Generation, consisting
in the want of an Absolute and Arbitrary Legislative Power; for want
whereof, the Civill Soveraign is fain to handle the Sword of Justice
unconstantly, and as if it were too hot for him to hold: One reason
whereof (which I have not there mentioned) is this, That they will all
of them justifie the War, by which their Power was at first gotten,
and whereon (as they think) their Right dependeth, and not on the
Possession. As if, for example, the Right of the Kings of England did
depend on the goodnesse of the cause of William the Conquerour, and upon
their lineall, and directest Descent from him; by which means, there
would perhaps be no tie of the Subjects obedience to their Soveraign
at this day in all the world: wherein whilest they needlessely think to
justifie themselves, they justifie all the successefull Rebellions that
Ambition shall at any time raise against them, and their Successors.
Therefore I put down for one of the most effectuall seeds of the Death
of any State, that the Conquerours require not onely a Submission of
mens actions to them for the future, but also an A