12. But because all signs of hatred and contempt provoke most of all to brawling and fighting, insomuch as most men would rather lose their lives (that I say not, their peace) than suffer slander; it follows in the seventh place, that it is prescribed by the law of nature, that no man, either by deeds or words, countenance or laughter, do declare himself to hate or scorn another. The breach of which law is called reproach. But although nothing be more frequent than the scoffs and jeers of the powerful against the weak, and namely, of judges against guilty persons, which neither relate to the offence of the guilty, nor the duty of the judges; yet these kind of men do act against the law of nature, and are to be esteemed for contumelious.
The eighth law, against pride.
13. The question whether of two men be the more worthy, belongs not to the natural, but civil state. For it hath been showed before (Chap. I. [Art. 3]) that all men by nature are equal; and therefore the inequality which now is, suppose from riches, power, nobility of kindred, is come from the civil law. I know that Aristotle, in his first book of Politics, affirms as a foundation of the whole political science, that some men by nature are made worthy to command, others only to serve; as if lord and servant were distinguished not by consent of men, but by an aptness, that is, a certain kind of natural knowledge or ignorance. Which foundation is not only against reason, (as but now hath been showed), but also against experience. For neither almost is any man so dull of understanding as not to judge it better to be ruled by himself, than to yield himself to the government of another; neither if the wiser and stronger do contest, have these always or often the upper hand of those. Whether therefore men be equal by nature, the equality is to be acknowledged; or whether unequal, because they are like to contest for dominion, it is necessary for the obtaining of peace, that they be esteemed as equal; and therefore it is in the eighth place a precept of the law of nature, that every man be accounted by nature equal to another; the contrary to which law is pride.
The ninth law, of humility.
14. As it was necessary to the conservation of each man that he should part with some of his rights, so it is no less necessary to the same conservation that he retain some others, to wit, the right of bodily protection, of free enjoyment of air, water, and all necessaries for life. Since therefore many common rights are retained by those who enter into a peaceable state, and that many peculiar ones are also acquired, hence ariseth this ninth dictate of the natural law, to wit, that what rights soever any man challenges to himself, he also grant the same as due to all the rest; otherwise he frustrates the equality acknowledged in the former article. For what is it else to acknowledge an equality of persons in the making up of society, but to attribute equal right and power to those whom no reason would else engage to enter into society? But to ascribe equal things to equals, is the same with giving things proportional to proportionals. The observation of this law is called meekness, the violation πλεονεξὶα; the breakers by the Latins are styled immodici et immodesti.
The tenth law of equity, or against acceptance of persons.
15. In the tenth place it is commanded by the law of nature, that every man in dividing right to others, shew himself equal to either party. By the foregoing law we are forbidden to assume more right by nature to ourselves, than we grant to others. We may take less if we will; for that sometimes is an argument of modesty. But if at any time matter of right be to be divided by us unto others, we are forbidden by this law to favour one more or less than another. For he that by favouring one before another observes not this natural equality, reproaches him whom he thus undervalues: but it is declared above, that a reproach is against the laws of nature. The observance of this precept is called equity; the breach, respect of persons. The Greeks in one word term it προσωποληψία.
The eleventh law, of things to be had in common.
16. From the foregoing law is collected this eleventh, those things which cannot be divided, must be used in common if they can, and if the quantity of the matter permit, every man as much as he lists; but if the quantity permit not, then with limitation, and proportionally to the number of the users. For otherwise that equality can by no means be observed, which we have showed in the foregoing article to be commanded by the law of nature.
The twelfth law, of things to be divided by lot.