Whence it comes to pass, that what hath been said concerning the law, is not the same with what hath been delivered by philosophers concerning the virtues.
32. But because men cannot put off this same irrational appetite, whereby they greedily prefer the present good (to which, by strict consequence, many unforseen evils do adhere) before the future; it happens, that though all men do agree in the commendation of the foresaid virtues, yet they disagree still concerning their nature, to wit, in what each of them doth consist. For as oft as another’s good action displeaseth any man, that action hath the name given of some neighbouring vice; likewise the bad actions which please them, are ever intituled to some virtue. Whence it comes to pass that the same action is praised by these, and called virtue, and dispraised by those, and termed vice. Neither is there as yet any remedy found by philosophers for this matter. For since they could not observe the goodness of actions to consist in this, that it was in order to peace, and the evil in this, that it related to discord, they built a moral philosophy wholly estranged from the moral law, and unconstant to itself. For they would have the nature of virtues seated in a certain kind of mediocrity between two extremes, and the vices in the extremes themselves; which is apparently false. For to dare is commended, and, under the name of fortitude is taken for a virtue, although it be an extreme, if the cause be approved. Also the quantity of a thing given, whether it be great or little, or between both, makes not liberality, but the cause of giving it. Neither is it injustice, if I give any man more of what is mine own than I owe him. The laws of nature, therefore, are the sum of moral philosophy; whereof I have only delivered such precepts in this place, as appertain to the preservation of ourselves against those dangers which arise from discord. But there are other precepts of rational nature, from whence spring other virtues; for temperance, also, is a precept of reason, because intemperance tends to sickness and death. And so fortitude too, that is, that same faculty of resisting stoutly in present dangers, and which are more hardly declined than overcome; because it is a means tending to the preservation of him that resists.
The law of nature is not properly a law, but as it is delivered in Holy Scripture.
33. But those which we call the laws of nature, (since they are nothing else but certain conclusions, understood by reason, of things to be done and omitted; but a law, to speak properly and accurately, is the speech of him who by right commands somewhat to others to be done or omitted), are not in propriety of speech laws, as they proceed from nature. Yet, as they are delivered by God in holy Scriptures, as we shall see in the chapter following, they are most properly called by the name of laws. For the sacred Scripture is the speech of God commanding over all things by greatest right.
[6]. Injury can be done to no man, &c.] The word injustice relates to some law: injury, to some person, as well as some law. For what is unjust, is unjust to all; but there may an injury be done, and yet not against me, nor thee, but some other; and sometimes against no private person, but the magistrate only; sometimes also neither against the magistrate, nor any private man, but only against God. For through contract and conveyance of right, we say, that an injury is done against this or that man. Hence it is, which we see in all kind of government, that what private men contract between themselves by word or writing, is released again at the will of the obliger. But those mischiefs which are done against the laws of the land, as theft, homicide, and the like, are punished, not as he wills to whom the hurt is done, but according to the will of the magistrate; that is, the constituted laws.
[7]. The exercise of all these laws. Nay, among these laws some things there are, the omission whereof, provided it be done for peace or self-preservation, seems rather to be the fulfilling, than breach of the natural law. For he that doth all things against those that do all things, and plunders plunderers, doth equity. But on the contrary, to do that which in peace is a handsome action, and becoming an honest man, is dejectedness and poorness of spirit, and a betraying of one’s self, in the time of war. But there are certain natural laws, whose exercise ceaseth not even in the time of war itself. For I cannot understand what drunkenness or cruelty, that is, revenge which respects not the future good, can advance toward peace, or the preservation of any man. Briefly, in the state of nature, what is just and unjust, is not to be esteemed by the actions but by the counsel and conscience of the actor. That which is done out of necessity, out of endeavour for peace, for the preservation of ourselves, is done with right, otherwise every damage done to a man would be a breach of the natural law, and an injury against God.
CHAPTER IV.
THAT THE LAW OF NATURE IS A DIVINE LAW.
[1.] The natural and moral law is divine. [2.] Which is confirmed in Scripture, in general. [3.] Specially, in regard of the fundamental law of nature in seeking of peace. [4.] Also in regard of the first law of nature in abolishing all things to be had in common. [5.] Also of the second law of nature, concerning faith to be kept. [6.] Also of the third law, of thankfulness. [7.] Also of the fourth law, of rendering ourselves useful. [8.] Also of the fifth law, concerning mercy. [9.] Also of the sixth law, that punishment only looks at the future. [10.] Also of the seventh law, concerning slander. [11.] Also of the eighth law, against pride. [12.] Also of the ninth law, of equity. [13.] Also of the tenth law, against respect of persons. [14.] Also of the eleventh law, of having those things in common which cannot be divided. [15.] Also of the twelfth law, of things to be divided by lot. [16.] Also of appointing a judge. [17.] Also of the seventeenth law, that the arbiters must receive no reward for their sentence. [18.] Also of the eighteenth law, concerning witnesses. [19.] Also of the twentieth law, against drunkenness. [20.] Also in respect of that which hath been said, that the law of nature is eternal. [21.] Also that the laws of nature do pertain to conscience. [22.] Also that the laws of nature are easily observed. [23.] Lastly, in respect of the rule by which a man may presently know, whether what he is about to act, be against the law of nature, or not. [24.] The law of Christ is the law of nature.