IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} _appellant. In brutis enim
cum nulla sit ratio, igitur nec ullum jus esse potest._
Aquinas also showeth(1140) that beasts are not properly governed by the
law of nature, because _lex_ is _aliquid rationis_. Wherefore they err who
would make the law of nature to differ in kind from _jus gentium_, which
natural reason hath taught to all nations. For this law of nations _per se
speciem non facit_, as saith Mynsingerus.(1141) And the law of nature is
also, by the heathen writers, often called _jus gentium_, as Rosinus
noteth.(1142) If any will needs have the law of nature distinguished from
the law of nations, let them either take Aquinas' distinction,(1143) who
maketh the law of nature to contain certain principles, having the same
place in practical reason which the principles of scientific
demonstrations have in speculative reason; and the law of nations to
contain certain conclusions drawn from the said principles: or, otherwise,
embrace the difference which is put betwixt those laws by Mattheus
Wesenbecius:(1144) _Quae bestiae naturali concitatione; ea_, saith he,
_homines ex eodem sensu ac affectione, cum moderatione tamen ratione si
faciunt, jure naturae faciunt. Quae bruta non faciunt, sed sola ratione
hominis propria, non affectione communis naturae, omnes homines faciunt,
fierique opportere intelligunt hoc fit jure gentium._
_Sect._ 4. For my part, I take the law of nature and the law of nations to
be one and the same. For what is the law of nations but that which
nature's light and reason hath taught so to all nations? Now this is no
other than the law of nature. We think, therefore, they have well
said,(1145) who comprehend under the law of nature both the common
principles of good and evil, virtue and vice, right and wrong, things
beseeming and things not beseeming, and likewise the general conclusions
which, by necessary consequences, are drawn from the said principles. To
come to the particulars, there are three sort of things which the law of
nature requireth of man, as both schoolmen(1146) and modern doctors(1147)
have rightly taught. The first, it requireth as he is _ens_; the second,
as he is _animal_; and the third, as he is _homo ratione praeditus_. First,
As he is _ens_, the law of nature requireth him to seek the conservation
of his own being, and to shun or repel such things as may destroy the
|