It is not therefore the victory that giveth the right of dominion over the vanquished, but his own covenant. Nor is he obliged because he is conquered; that is to say, beaten and taken, or put to flight; but because he cometh in and submitteth to the victor; nor is the victor obliged by an enemy’s rendering himself without promise of life, to spare him for this his yielding to discretion, which obliges not the victor longer than in his own discretion he shall think fit.

And that which men do when they demand, as it is now called, “quarter,” which the Greeks called Ζωγρία , “taking alive,” is to evade the present fury of the victor by submission, and to compound for their life with ransom, or service; and therefore he that hath quarter, hath not his life given, but deferred till farther deliberation; for it is not a yielding on condition of life, but to discretion. And then only is his life in security, and his service due, when the victor hath trusted him with his corporal liberty. For slaves that work in prisons, or fetters, do it not of duty, but to avoid the cruelty of their taskmasters.

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