[16:5] (68) The bases and rights of dominion being thus displayed, we shall readily be able to define private civil right, wrong, justice, and injustice, with their relations to the state; and also to determine what constitutes an ally, or an enemy, or the crime of treason.
(16:69) By private civil right we can only mean the liberty every man possesses to preserve his existence, a liberty limited by the edicts of the sovereign power, and preserved only by its authority: for when a man has transferred to another his right of living as he likes, which was only limited by his power, that is, has transferred his liberty and power of self- defence, he is bound to live as that other dictates, and to trust to him entirely for his defence. (70) Wrong takes place when a citizen, or subject, is forced by another to undergo some loss or pain in contradiction to the authority of the law, or the edict of the sovereign power.
(16:71) Wrong is conceivable only in an organized community: nor can it ever accrue to subjects from any act of the sovereign, who has the right to do what he likes. (72) It can only arise, therefore, between private persons, who are bound by law and right not to injure one another. (73) Justice consists in the habitual rendering to every man his lawful due: injustice consists in depriving a man, under the pretence of legality, of what the laws, rightly interpreted, would allow him. (74) These last arealso called equity and iniquity, because those who administer the laws are bound to show no respect of persons, but to account all men equal, and to defend every man's right equally, neither envying the rich nor despising the poor.
[16:6](75) The men of two states become allies, when for the sake of avoiding war, or for some other advantage, they covenant to do each other no hurt, but on the contrary, to assist each other if necessity arises, each retaining his independence. (76) Such a covenant is valid so long as its basis of danger or advantage is in force: no one enters into an engagement, or is bound to stand by his compacts unless there be a hope of some accruing good, or the fear of some evil: if this basis be removed the compact thereby becomes void: this has been abundantly shown by experience. (77) For although different states make treaties not to harm one another, they always take every possible precaution against such treaties being broken by the stronger party, and do not rely on the compact, unless there is a sufficiently obvious object and advantage to both parties in observing it. (78) Otherwise they would fear a breach of faith, nor would there be any wrong done thereby: for who in his proper senses, and aware of the right of the sovereign power, would trust in the promises of one who has the will and the power to do what he likes, and who aims solely at the safety and advantage of his dominion? (79) Moreover, if we consult loyalty and religion, we shall see that no one in possession of power ought to abide by his promises to the injury of his dominion; for he cannot keep such promises without breaking the engagement he made with his subjects, by which both he and they are most solemnly bound. (80) An enemy is one who lives apart from the state, and does not recognize its authority either as a subject or as an ally. It is not hatred which makes a man an enemy, but the rights of the state. (81) The rights of the state are the same in regard to him who does not recognize by any compact the state authority, as they are against him who has done the state an injury: it has the right to force him as best it can, either to submit, or to contract an alliance.
[16:7] (82) Lastly, treason can only be committed by subjects, who by compact, either tacit or expressed, have transferred all their rights to thestate: a subject is said to have committed this crime when he has attempted, for whatever reason, to seize the sovereign power, or to place it in different hands. (83) I say, has attempted, for if punishment were not to overtake him till he had succeeded, it would often come too late, the sovereign rights would have been acquired or transferred already.
(16:84) I also say, has attempted, for whatever reason, to seize the sovereign power, and I recognize no difference whether such an attempt should be followed by public loss or public gain. (85) Whatever be his reason for acting, the crime is treason, and he is rightly condemned: in war, everyone would admit the justice of his sentence. (86) If a man does not keep to his post, but approaches the enemy without the knowledge of his commander, whatever may be his motive, so long as he acts on his own motion, even if he advances with the design of defeating the enemy, he is rightly put to death, because he has violated his oath, and infringed the rights of his commander. (87) That all citizens are equally bound by these rights in time of peace, is not so generally recognized, but the reasons for obedience are in both cases identical. (88) The state must be preserved and directed by the sole authority of the sovereign, and such authority and right have been accorded by universal consent to him alone: if, therefore, anyone else attempts, without his consent, to execute any public enterprise, even though the state might (as we said) reap benefit therefrom, such person has none the less infringed the sovereigns right, and would be rightly punished for treason.
(16:89) In order that every scruple may be removed, we may now answer the inquiry, whether our former assertion that everyone who has not the practice of reason, may, in the state of nature, live by sovereign natural right, according to the laws of his desires, is not in direct opposition to the law and right of God as revealed. (90) For as all men absolutely (whether they be less endowed with reason or more) are equally bound by the Divine command to love their neighbour as themselves, it may be said that they cannot, without wrong, do injury to anyone, or live according to their desires.
