was never formally a belligerent. While its troops remained members of the Hessian military, and even fought in their national uniform, they were hired out for service in other armies, without their government having any stake in the conflict. Thus, Hessians could serve on opposing sides of the same conflict. In the War of the Austrian Succession, both Britain and Bavaria employed Hessian soldiers against one another; in the Seven Years' War, the forces of Hesse-Kassel served with both the Anglo-Hanoverian and the Prussian armies against the French; although Hesse-Kassel was technically allied to Britain and Prussia, her troops were actually leased by the British. Nevertheless, the practice of lending out auxiliaries did sometimes result in direct consequences. In July 1758, during the course of the Seven Years' War, most of Hesse-Kassel, including its capital, was occupied by a French army under Charles de Rohan, Prince of Soubise, which easily overcame the home defence force of 6,000 Hessian militiamen. Soubise ordered his troops to live off the land, take high-ranking hostages, and extort payments of cash and produce, with the intention of forcing Hessian troops to withdraw from the war. Hessian and allied forces attempted to liberate their homeland, but were repulsed at the Battle of Sandershausen on 23 July. Following two sieges of Cassel, in 1761 and 1762, the capital was retaken, which constituted the last military action of the war. "Mercenaries" versus "auxiliaries" The characterization of Hessian troops as "mercenaries" remains controversial over two centuries later. American history textbooks refer to them as "mercenaries", and they are still widely perceived as such in the popular imagination of the United States. American historian Charles Ingrao describes Hesse as a "mercenary state" whose prince rented out his regiments to fund his governmental expenditures. By contrast, British historian Stephen Conway referred to them as "auxiliaries". Military historians Dennis Showalter and Rodney Atwood note that Hessians would not have been legally considered mercenaries at the time, but rather auxiliaries. Whereas mercenaries served a foreign ruler in an individual capacity, auxiliaries forces were controlled by a state, and their foreign service was in direct competition to professional mercenaries. (Similarly, in the twentieth century, the Moroccan Goumiers were attached as auxiliaries to the French Army of Africa.) Hessians would not be categorized as mercenaries under modern international law. Protocol I (1977) to the Geneva Convention defines a mercenary as "any person who ... has