16. Sin, in its largest signification, comprehends every deed, word, and thought against right reason. For every man, by reasoning, seeks out the means to the end which he propounds to himself. If therefore he reason right, that is to say, beginning from most evident principles he makes a discourse out of consequences continually necessary, he will proceed in a most direct way. Otherwise he will go astray, that is to say, he will either do, say, or endeavour somewhat against his proper end; which when he hath done, he will indeed in reasoning be said to have erred, but in action and will to have sinned. For sin follows error, just as the will doth the understanding. And this is the most general acception of the word; under which is contained every imprudent action, whether against the law, as to overthrow another man’s house, or not against the law, as to build his own upon the sand.
The definition[definition] of sin.
17. But when we speak of the laws, the word sin is taken in a more strict sense, and signifies not every thing done against right reason, but that only which is blameable; and therefore it is called malum culpæ, the evil of fault. But yet if anything be culpable, it is not presently to be termed a sin or fault; but only if it be blameable with reason. We must therefore enquire what it is to be blameable with reason, what against reason. Such is the nature of man, that every one calls that good which he desires, and evil which he eschews. And therefore through the diversity of our affections it happens, that one counts that good, which another counts evil; and the same man what now he esteemed for good, he immediately after looks on as evil: and the same thing which he calls good in himself, he terms evil in another. For we all measure good and evil by the pleasure or pain we either feel at present, or expect hereafter. Now seeing the prosperous actions of enemies, because they increase their honours, goods, and power; and of equals, by reason of that strife of honours which is among them; both seem and are irksome, and therefore evil to all; and men use to repute those evil, that is to say, to lay some fault to their charge, from whom they receive evil; it is impossible to be determined by the consent of single men, whom the same things do not please and displease, what actions are, and what not to be blamed. They may agree indeed in some certain general things, as that theft, adultery, and the like are sins; as if they should say that all men account those things evil, to which they[they] have given names which are usually taken in an evil sense. But we demand not whether theft be a sin, but what is to be termed theft; and so concerning others, in like manner. Forasmuch therefore as in so great a diversity of censurers, what is by reason blameable is not to be measured by the reason of one man more than another, because of the equality of human nature; and there are no other reasons in being, but only those of particular men, and that of the city: it follows, that the city is to determine what with reason is culpable. So as a fault, that is to say, a sin, is that which a man does, omits, says, or wills, against the reason of the city, that is, contrary to the laws.
The difference between a sin of infirmity and malice.
18. But a man may do somewhat against the laws through human infirmity, although he desire to fulfil them; and yet his action, as being against the laws, is rightly blamed, and called a sin. But there are some who neglect the laws; and as oft as any hope of gain and impunity doth appear to them, no conscience of contracts and betrothed faith can withhold them from their violation. Not only the deeds, but even the minds of these men are against the laws. They who sin only through infirmity, are good men even when they sin; but these, even when they do not sin, are wicked. For though both the action and the mind be repugnant to the laws, yet those repugnances are distinguished by different appellations. For the irregularity of the action is called ἀδίκημα[ἀδίκημα], unjust deed; that of the mind ἀδικὶα and κακὶα, injustice and malice; that is the infirmity of a disturbed soul, this the pravity of a sober mind.
Under what kind of sin atheism is contained.
19. But seeing there is no sin which is not against some law, and that there is no law which is not the command of him who hath the supreme power, and that no man hath a supreme power which is not bestowed on him by our own consent; in what manner will he be said to sin, who either denies that there is a God, or that he governs the world, or casts any other reproach upon him? For he will say: that he never submitted his will to God’s will, not conceiving him so much as to have any being: and granting that his opinion were erroneous, and therefore also a sin, yet were it to be numbered among those of imprudence or ignorance, which by right cannot be punished. This speech seems so far forth to be admitted, that though this kind of sin be the greatest and most hurtful, yet is it to be referred to sins of imprudence;[[17]] but that it should be excused by imprudence or ignorance, is absurd. For the atheist is punished either immediately by God himself, or by kings constituted under God; not as a subject is punished by a king, because he keeps not the laws; but as one enemy by another, because he would not accept of the laws; that is to say, by the right of war, as the giants warring against God. For whosoever are not subject either to some common lord, or one to another, are enemies among themselves.
What the sin of treason is.
20. Seeing that from the virtue of the covenant, whereby each subject is tied to the other to perform absolute and universal obedience (such as is defined above, chap. VI. [art. 13]) to the city, that is to say, to the sovereign power, whether that be one man or council, there is an obligation derived to observe each one of the civil laws; so that that covenant contains in itself all the laws at once; it is manifest that the subject who shall renounce the general covenant of obedience, doth at once renounce all the laws. Which trespass is so much worse than any other one sin, by how much to sin always, is worse than to sin once. And this is that sin which is called treason; and it is a word or deed whereby the citizen or subject declares, that he will no longer obey that man or court to whom the supreme power of the city is entrusted. And the subject declares this same will of his by deed, when he either doth or endeavours to do violence to the sovereign’s person, or to them who execute his commands. Of which sort are traitors, regicides, and such as take up arms against the city, or during a war fly to the enemy’s side. And they show the same will in word, who flatly deny that themselves or other subjects are tied to any such kind of obedience, either in the whole, as he who should say that we must not obey him (keeping the obedience which we owe to God entire) simply, absolutely, and universally; or in part, as he who should say, that he had no right to wage war at his own will, to make peace, enlist soldiers, levy monies, elect magistrates and public ministers, enact laws, decide controversies, set penalties, or do aught else without which the state cannot stand. And these and the like words and deeds are treason by the natural, not the civil law. But it may so happen, that some action, which before the civil law was made, was not treason, yet will become such if it be done afterwards. As if it be declared by the law, that it shall be accounted for a sign of renouncing public obedience, that is to say, for treason, if any man shall coin monies, or forge the privy-seal; he that after that declaration shall do this, will be no less guilty of treason than the other. Yet he sins less, because he breaks not all the laws at once, but one law only. For the law by calling that treason which by nature is not so, doth indeed by right set a more odious name, and perhaps a more grievous punishment on the guilty persons; but it makes not the sin itself more grievous.
Treason breaks not the civil, but the natural law.