11. Amongst the laws of nature, customs and prescriptions are not numbered. For whatsoever action is against reason, though it be reiterated never so often, or that there be never so many precedents thereof, is still against reason, and therefore not a law of nature, but contrary to it. But consent and covenant may so alter the cases, which in the law of nature may be put, by changing the circumstances, that that which was reason before, may afterwards be against it; and yet is reason still the law.
For though every man be bound to allow equality to another. yet if that other shall see cause to renounce the same, and make himself inferior, then, if from thenceforth he consider him as. inferior, he breaketh not thereby that law of nature that commandeth to allow equality. In sum, a man's own consent may abridge him of the liberty which the law of nature leaveth him, but custom not; nor can either of them abrogate either these, or any other law of nature.
12. And forasmuch as law (to speak properly) is a command, and these dictates, as they proceed from nature, are not commands; they are not therefore called laws in respect of nature, but in respect of the author of nature, God Almighty.
13. And seeing the laws of nature concern the conscience, not he only breaketh them that doth any action contrary, but also he whose action is conformable to them, in case he think it contrary. For though the action chance to be right, yet in his judgment he despiseth the law.
14. Every man by natural passion, calleth that good which pleaseth him for the present, or so far forth as he can foresee; and in like manner that which displeaseth him evil. And therefore he that foreseeth the whole way to his preservation (which is the end that every one by nature aimeth at) must also call it good, and the contrary evil. And this is that good and evil, which not every man in passion calleth so, but all men by reason. And therefore the fulfilling of all these laws is good in reason; and the breaking of them evil. And so also the habit, or disposition, or intention to fulfil them good; and the neglect of them evil.
And from hence cometh that distinction of malum paenae, and malum culpae; for malum paenae is any pain or molestation of mind whatsoever; but malum culpae is that action which is contrary to reason and the law of nature; as also the habit of doing according to these and other laws of nature that tend to our preservation, is that we call VIRTUE; and the habit of doing the contrary, VICE. As for example, justice is that habit by which we stand to covenants, injustice the contrary vice; equity that habit by which we allow equality of nature, arrogance the contrary vice; gratitude the habit whereby we requite the benefit and trust of others, ingratitude the contrary vice; temperance the habit by which we abstain from all things that tend to our destruction, intemperance the contrary vice; prudence, the same with virtue in general. As for the common opinion, that virtue consisteth in mediocrity, and vice in extremes, I see no ground for it, nor can find any such mediocrity. Courage may be virtue, when the daring is extreme, if the cause be good; and extreme fear no vice when the danger is extreme. To give a man more than his due, is no injustice, though it be to give him less; and in gifts it is not the sum that maketh liberality, but the reason.
And so in all other virtues and vices. I know that this doctrine of mediocrity is Aristotle's, but his opinions concerning virtue and vice, are no other than those which were received then, and are still by the generality of men unstudied; and therefore not very likely to be accurate.
15. The sum of virtue is to be sociable with them that will be sociable, and formidable to them that will not. And the same is the sum of the law of nature; for in being sociable, the law of nature taketh place by the way of peace and society; and to be formidable, is the law of nature in war, where to be feared is a protection a man hath from his own power; and as the former consisteth in actions of equity and justice, the latter consisteth in actions of honour. And equity, justice, and honour, contain all virtues whatsoever.
