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.
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