, that is, “to do what the Roman people commanded them”: this was to be conquered. But this promise may be either express or tacit: express, by promise: tacit, by other signs. As for example, a man that hath not been called to make such an express promise, because he is one whose power perhaps is not considerable; yet if he live under their protection openly, he is understood to submit himself to the government: but if he live there secretly, he is liable to anything that may be done to a spy and enemy of the state. I say not he 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 sovereignty by victory. Which right is acquired in the people’s submission, by which they contract with the victor, promising obedience, for life and liberty.

In Chapter XXIX