27. But because most men, by reason of their perverse desire of present profit, are very unapt to observe these laws, although acknowledged by them; if perhaps some, more humble than the rest, should exercise that equity and usefulness which reason dictates, the others not practising the same, surely they would not follow reason in so doing: nor would they hereby procure themselves peace, but a more certain quick destruction, and the keepers of the law become a mere prey to the breakers of it. It is not therefore to be imagined, that by nature, that is, by reason, men are obliged to the exercise of all these laws[7] in that state of men wherein they are not practised by others. We are obliged yet, in the interim, to a readiness of mind to observe them, whensoever their observation shall seem to conduce to the end for which they were ordained. We must therefore conclude, that the law of nature doth always and everywhere oblige in the internal court, or that of conscience; but not always in the external court, but then only when it may be done with safety.
28. But the laws which oblige conscience, may be broken by an act not only contrary to them, but also agreeable with them; if so be that he who does it, be of another opinion. For though the act itself be answerable to the laws, yet his conscience is against them.
29. The laws of nature are immutable and eternal: what they forbid, can never be lawful; what they command, can never be unlawful. For pride, ingratitude, breach of contracts (or injury), inhumanity, contumely, will never be lawful, nor the contrary virtues to these ever unlawful, as we take them for dispositions of the mind, that is, as they are considered in the court of conscience, where only they oblige and are laws. Yet actions may be so diversified by circumstances and the civil law, that what is done with equity at one time, is guilty of iniquity at another; and what suits with reason at one time, is contrary to it another. Yet reason is still the same, and changeth not her end, which is peace and defence, nor the means to attain them, to wit, those virtues of the mind which we have declared above, and which cannot be abrogated by any custom or law whatsoever.
30. It is evident by what hath hitherto been said, how easily the laws of nature are to be observed, because they require the endeavour only, (but that must be true and constant); which whoso shall perform, we may rightly call him just. For he who tends to this with his whole might, namely, that his actions be squared according to the precepts of nature, he shows clearly that he hath a mind to fulfil all those laws; which is all we are obliged to by rational nature. Now he that hath done all he is obliged to, is a just man.
31. All writers do agree, that the natural law is the same with the moral. Let us see wherefore this is true. We must know, therefore, that good and evil are names given to things to signify the inclination or aversion of them, by whom they were given. But the inclinations of men are diverse, according to their diverse constitutions, customs, opinions; as we may see in those things we apprehend by sense, as by tasting, touching, smelling; but much more in those which pertain to the common actions of life, where what this man commends, that is to say, calls good, the other undervalues, as being evil. Nay, very often the same man at diverse times praises and dispraises the same thing. Whilst thus they do, necessary it is there should be discord and strife. They are, therefore, so long in the state of war, as by reason of the diversity of the present appetite, they mete good and evil by diverse measures. All men easily acknowledge this state, as long as they are in it, to be evil, and by consequence that peace is good. They therefore who could not agree concerning a present, do agree concerning a future good; which indeed is a work of reason; for things present are obvious to the sense, things to come to our reason only. Reason declaring peace to be good, it follows by the same reason, that all the necessary means to peace be good also; and therefore that modesty, equity, trust, humanity, mercy, (which we have demonstrated to be necessary to peace), are good manners or habits, that is, virtues. The law therefore, in the means to peace, commands also good manners, or the practice of virtue; and therefore it is called moral.
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.
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.
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.
1. The same law which is natural and moral, is also wont to be called divine, nor undeservedly; as well because reason, which is the law of nature, is given by God to every man for the rule of his actions; as because the precepts of living which are thence derived, are the same with those which have been delivered from the divine Majesty for the laws of his heavenly kingdom, by our Lord Jesus Christ, and his holy prophets and apostles. What therefore by reasoning we have understood above concerning the law of nature, we will endeavour to confirm the same in this chapter by holy writ.
2. But first we will shew those places in which it is declared, that the divine law is seated in right reason. Psalm xxxvii. 30, 31: The mouth of the righteous will be exercised in wisdom, and his tongue will be talking of judgment: the law of God is in his heart. Jeremiah xxx. 33: I will put my law in their inward parts, and write it in their hearts. Psalm xix. 7: The law of the Lord is an undefiled law, converting the soul. Verse 8: The commandment of the Lord is pure, and giveth light unto the eyes. Deuteron. xxx. 11: This commandment, which I command thee this day, it is not hidden from thee, neither is it far off, &c. Verse. 14: But the word is very nigh unto thee in my mouth, and in thine heart, that thou mayest do it. Psalm cxix. 34: Give me understanding, and I shall keep thy law. Verse 105: Thy word is a lamp unto my feet, and a light unto my paths. Prov. ix. 10: The knowledge of the holy is understanding. Christ the law-giver, himself is called (John i. 1): the word. The same Christ is called (verse 9): the true light, that lighteth every man that cometh in the world. All which are descriptions of right reason, whose dictates, we have showed before, are the laws of nature.
3. But that that which we set down for the fundamental law of nature, namely, that peace was to be sought for, is also the sum of the Divine law, will be manifest by these places. Rom. iii. 17: Righteousness, which is the sum of the law, is called the way of peace. Psalm lxxxv. 10: Righteousness and peace have kissed each other. Matth. v. 9: Blessed are the peace-makers, for they shall be called the children of God. And after St. Paul, in his sixth chapter to the Hebrews, and the last verse, had called Christ (the legislator of that law we treat of), an High-priest for ever after the order of Melchisedec: he adds in the following chapter, the first verse: This Melchisedec was king of Salem, priest of the most high God, &c. (Verse 2): First being by interpretation king of righteousness, and after that also king of Salem, which is, king of peace. Whence it is clear, that Christ, the King, in his kingdom placeth righteousness and peace together. Psalm xxxiv. 14: Eschew evil and do good; seek peace and pursue it. Isaiah ix. 6, 7: Unto us a child is born, unto us a son is given, and the government shall be upon his shoulder, and his name shall be called Wonderful, Counsellor, the Mighty God, the everlasting Father, the Prince of Peace. Isaiah lii. 7: How beautiful upon the mountains are the feet of him that bringeth good tidings, that publisheth peace, that bringeth good tidings of good, that publisheth salvation, that saith unto Sion, thy God reigneth! Luke ii. 14: In the nativity of Christ, the voice of them that praised God, saying, Glory be to God on high, and in earth peace, good-will towards men. And Isaiah liii. 5: the Gospel is called the chastisement of our peace. Isaiah lix. 8: Righteousness is called the way of peace. The way of peace they know not, and there is no judgment in their goings. Micah v. 4, 5, speaking of the Messias, he saith thus: He shall stand and feed in the strength of the Lord, in the majesty of the name of the Lord his God, and they shall abide, for now shall he be great unto the end of the earth; and this man shall be your peace, &c. Prov. iii. 1, 2: My son, forget not my law, but let thine heart keep my commandments; for length of days, and long life, and peace, shall they add to thee.
4. What appertains to the first law of abolishing the community of all things, or concerning the introduction of meum and tuum; we perceive in the first place, how great an adversary this same community is to peace, by those words of Abraham to Lot (Gen. xiii. 8, 9): Let there be no strife, I pray thee, between thee and me, and between thy herdmen and my herdmen; for we be brethren. Is not the whole land before thee? Separate thyself, I pray thee from me. And all those places of Scripture by which we are forbidden to trespass upon our neighbours: as, Thou shalt not kill, thou shalt not commit adultery, thou shalt not steal, &c. do confirm the law of distinction between mine and thine; for they suppose the right of all men to all things to be taken away.
5. The same precepts establish the second law of nature, of keeping trust. For what doth, Thou shalt not invade another’s right, import, but this? Thou shalt not take possession of that, which by thy contract ceaseth to be thine: but it is expressly set down? Psalm xv. 1: to him that asked, Lord who shall dwell in thy tabernacle? it is answered (verse 4): He that sweareth unto his neighbour, and disappointeth him not. And Prov. vi. 12: My son, if thou be surety for thy friend, if thou have stricken thy hand with a stranger, thou art snared with the words of thy mouth.
6. The third law concerning gratitude, is proved by these places. Deut. xxv. 4: Thou shalt not muzzle the ox, when he treadeth out the corn: which St. Paul (1 Cor. ix. 9) interprets to be spoken of men, not oxen only. Prov. xvii. 13; Whoso rewardeth evil for good, evil shall not depart from his house. And Deut. xx. 10, 11: When thou comest nigh unto a city to fight against it, then proclaim peace unto it. And it shall be, if it make thee answer of peace, and open unto thee, then it shall be that all the people that is found therein, shall be tributaries unto thee, and they shall serve thee. Prov. iii. 29: Devise not evil against thy neighbour, seeing he dwelleth securely by thee.
7. To the fourth law of accommodating ourselves, these precepts are conformable: Exod. xxiii. 4, 5: If thou meet thine enemy’s ox, or his ass going astray, thou shalt surely bring it back to him again. If thou see the ass of him that hateth thee, lying under his burden, and wouldst forbear to help him, thou shalt surely help with him. Also (verse 9): Thou shalt not oppress a stranger. Prov. iii. 30: Strive not with a man without a cause, if he have done thee no harm. Prov. xv. 18: A wrathful man stirreth up strife; but he that is slow to anger, appeaseth strife. Prov. xviii. 24: There is a friend that sticketh closer than a brother. The same is confirmed, Luke x, by the parable of the Samaritan, who had compassion on the Jew that was wounded by thieves; and by Christ’s precept (Matth. v. 39): But I say unto you that ye resist not evil; but whosoever shall smite thee on the right cheek, turn to him the other also.
8. Among infinite other places which prove the fifth law, these are some: Matth. vi. 14, 15: If you forgive men their trespasses, your heavenly Father will also forgive you: but if you forgive not men their trespasses, neither will your Father forgive your trespasses. Matth. xviii. 21, 22: Lord how oft shall my brother sin against me, and I forgive him? Till seven times? Jesus saith unto him; I say not till seven times, but till seventy times seven times; that is, toties quoties.
9. For the confirmation of the sixth law, all those places are pertinent which command us to shew mercy, such as Matth. v. 7: Blessed are the merciful, for they shall obtain mercy. Levit. xix. 18: Thou shalt not avenge, nor bear any grudge against the children of thy people. But there are, who not only think this law is not proved by Scripture, but plainly disproved from hence; that there is an eternal punishment reserved for the wicked after death, where there is no place either for amendment or example. Some resolve this objection by answering, that God, whom no law restrains, refers all to his glory, but that man must not do so; as if God sought his glory, that is to say, pleased himself in the death of a sinner. It is more rightly answered, that the institution of eternal punishment was before sin, and had regard to this only, that men might dread to commit sin for the time to come.
10. The words of Christ prove this seventh: (Matth. v. 22): But I say unto you, that whosoever is angry with his brother without a cause, shall be in danger of the judgment; and whosoever shall say unto his brother Racha, shall be in danger of the council; but whosoever shall say, thou fool, shall be in danger of hell-fire. Prov. x. 18: He that uttereth a slander, is a fool. Prov. xiv. 21: He that despiseth his neighbour, sinneth. Prov. xv. 1: Grievous words stir up anger. Prov. xxii. 10Prov. xxii. 10: Cast out the scorner, and contention shall go out, and reproach shall cease.
11. The eighth law of acknowledging equality of nature, that is, of humility, is established by these places: Matth. v. iii: Blessed are the poor in spirit, for theirs is the kingdom of heaven. Prov. vi. 16-19: These six things doth the Lord hate, yea, seven are an abomination unto him. A proud look, &c. Prov. xvi. 5: Every one that is proud, is an abomination unto the Lord; though hand join in hand, he shall not be unpunished. Prov. xi. 2: When pride cometh, then cometh shame; but with the lowly is wisdom. Thus Isaiah xl. 3: (where the coming of the Messias is shewed forth, for preparation towards his kingdom): The voice of him that cried in the wilderness, was this: Prepare ye the way of the Lord, make straight in the desert a highway for our God. Every valley shall be exalted, and every mountain and hill shall be made low: which doubtless is spoken to men, and not to mountains.
12. But that same equity, which we proved in the ninth place to be a law of nature, which commands every man to allow the same rights to others they would be allowed themselves, and which contains in it all the other laws besides, is the same which Moses sets down (Levit. xix. 18): Thou shalt love thy neighbour as thyself. And our Saviour calls it the sum of the moral law: Matth. xxii. 36-40: Master, which is the great commandment in the law? Jesus said unto him, Thou shalt love the Lord thy God with all thine heart, and with all thy soul, and with all thy mind; this is the first and great commandment; and the second is like unto it, Thou shalt love thy neighbour as thyself. On these two commandments hang all the law and the prophets. But to love our neighbour as ourselves, is nothing else but to grant him all we desire to have granted to ourselves.
13. By the tenth law respect of persons is forbid; as also by these places following: Matth. v. 45: That ye may be children of your Father which is in heaven; for he maketh the sun to rise on the evil, and on the good, &c. Coloss. iii. 11: There is neither Greek nor Jew, circumcision nor uncircumcision, barbarian or Scythian, bond or free, but Christ is all, and in all. Acts x. 34: Of a truth I perceive that God is no respecter of persons. 2 Chron. xix. 7: There is no iniquity with the Lord our God, nor respect of persons, nor taking of gifts. Ecclesiasticus xxxv. 12: The Lord is Judge, and with him is no respect of persons. Rom. ii. 11: For there is no respect of persons with God.
14. The eleventh law, which commands those things to be held in common which cannot be divided, I know not whether there be any express place in Scripture for it or not; but the practice appears every where, in the common use of wells, ways, rivers, sacred things, &c.; for else men could not live.
15. We said in the twelfth place, that it was a law of nature, that where things could neither be divided nor possessed in common, they should be disposed by lot. Which is confirmed, as by the example of Moses who, by God’s command (Numb. xxvi. 55), divided the several parts of the land of promise unto the tribes by lot: so (Acts i. 24) by the example of the Apostles, who received Matthias before Justus into their number, by casting lots, and saying, Thou, Lord, who knowest the hearts of all men, show whether of these two thou hast chosen, &c. Prov. xvi. 33: The lot is cast into the lap, but the whole disposing thereof is of the Lord. And, which is the thirteenth law, the succession was due unto Esau, as being the first born of Isaac; if himself had not sold it (Gen. xxv. 33), or that the father had not otherwise appointed.
16. St. Paul, writing to the Corinthians (1 Epist. vi), reprehends the Corinthians of that city for going to law one with another before infidel judges, who were their enemies: calling it a fault, that they would not rather take wrong, and suffer themselves to be defrauded; for that is against that law, whereby we are commanded to be helpful to each other. But if it happen the controversy be concerning things necessary, what is to be done? Therefore the Apostle (verse 5) speaks thus: I speak to your shame. Is it so, that there is not one wise man among you, no, not one that shall be able to judge between his brethren? He therefore, by those words, confirms that law of nature which we called the fifteenth, to wit, where controversies cannot be avoided; there by the consent of parties to appoint some arbiter, and him some third man; so as (which is the sixteenth law) neither of the parties may be judge in his own cause.
17. But that the judge or arbiter must receive no reward for his sentence, which is the seventeenth law appears, Exod. xxiii. 8: Thou shalt take no gift; for the gift blindeth the wise, and perverteth the words of the righteous. Ecclesiasticus xx. 29: Presents and gifts blind the eyes of the wise. Whence it follows, that he must not be more obliged to one part than the other; which is the nineteenth law; and is also confirmed, Deut. i. 17: Ye shall not respect persons in judgment, ye shall hear the small as well as the great; and in all those places which are brought against respect of persons.
18. That in the judgment of fact witnesses must be had, which is the eighteenth law, the Scripture not only confirms, but requires more than one. Deut. xvii. 6: At the mouth of two witnesses, or three witnesses, shall he that is worthy of death be put to death. The same is repeated Deut. xix. 15.
19. Drunkenness, which we have therefore in the last place numbered among the breaches of the natural law, because it hinders the use of right reason, is also forbid in Sacred Scripture for the same reason. Prov. xx. 1: Wine is a mocker, strong drink is raging, whosoever is deceived thereby is not wise. And Prov. xxxi. 4, 5: It is not for kings to drink wine, lest they drink and forget the law, and pervert the judgment of any of the afflicted. But that we might know that the malice of this vice consisted not formally in the quantity of the drink, but in that it destroys judgment and reason, it follows in the next verse: Give strong drink to him that is ready to perish, and wine to those that be heavy of heart. Let him drink and forget his poverty, and remember his misery no more. Christ useth the same reason in prohibiting drunkenness (Luke xxi. 34): Take heed to yourselves, lest at any time your hearts be overcharged with surfeiting and drunkenness.
20. That we said in the foregoing chapter, the law of nature is eternal, is also proved out of Matth. v. 18: Verily I say unto you, till heaven and earth pass, one jot or one tittle shall in no wise pass from the law; and Psalm cxix. 160: Every one of thy righteous judgments endureth for ever.
21. We also said, that the laws of nature had regard chiefly unto conscience; that is, that he is just, who by all possible endeavour strives to fulfil them. And although a man should order all his actions so much as belongs to external obedience just as the law commands, but not for the law’s sake, but by reason of some punishment annexed unto it, or out of vain glory; yet he is unjust. Both these are proved by the Holy Scriptures. The first (Isaiah lv. 7): Let the wicked forsake his way, and the unrighteous man his thoughts, and let him return unto the Lord, and he will have mercy upon him; and to our God, for he will abundantly pardon. Ezek. xviii. 31: Cast away from you all your transgressions whereby you have transgressed, and make you a new heart and a new spirit; for why will you die, O House of Israel? By which, and the like places, we may sufficiently understand that God will not punish their deeds whose heart is right. The second, out of Isaiah xxix. 13, 14: The Lord said, forasmuch as this people draw near me with their mouth, and with their lips do honour me, but have removed their hearts far from me, therefore I will proceed, &c. Matth. v. 20: Except your righteousness shall exceed the righteousness of the Scribes and Pharisees, ye shall in no case enter into the kingdom of heaven. And in the following verses, our Saviour explains to them how that the commands of God are broken, not by deeds only, but also by the will. For the Scribes and Pharisees did in outward act observe the law most exactly, but for glory’s sake only; else they would as readily have broken it. There are innumerable places of Scripture in which is most manifestly declared, that God accepts the will for the deed, and that as well in good as in evil actions.
22. That the law of nature is easily kept, Christ himself declares (Matth. xi. 28, 29, 30): Come unto me, &c. Take my yoke upon you, and learn of me, &c.; for my yoke is easy, and my burden light.
23. Lastly, the rule by which I said any man might know, whether what he was doing were contrary to the law or not, to wit, what thou wouldst not be done to, do not that to another; is almost in the self-same words delivered by our Saviour (Matth. vii. 12): Therefore all things whatsoever ye would that men should do unto you, do you even so to them.
24. As the law of nature is all of it divine, so the law of Christ by conversion (which is wholly explained in the v. vi. and vii. chapters of St. Matthew’s Gospel), is all of it also (except that one commandment, of not marrying her who is put away for adultery; which Christ brought for explication of the divine positive law, against the Jews, who did not rightly interpret the Mosaical law) the doctrine of nature. I say, the whole law of Christ is explained in the fore-named chapters, not the whole doctrine of Christ; for faith is a part of Christian doctrine, which is not comprehended under the title of a law. For laws are made and given in reference to such actions as follow our will; not in order to our opinions and belief, which being out of our power, follow not the will.