HKB
of himselfe. And though this Law may bee drawn by consequence, from some of those that are there already mentioned; yet the Times require to have it inculcated, and remembred.
And because I find by divers English Books lately printed, that the Civill warres have not yet sufficiently taught men, in what point of time it is, that a Subject becomes obliged to the Conquerour; nor what is Conquest; nor how it comes about, that it obliges men to obey his Laws: Therefore for farther satisfaction of men therein, I say, the point of time, wherein a man becomes subject of a Conquerour, is 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.