Positive, are those which have not been for Eternity; but have been
made Lawes by the Will of those that have had the Soveraign Power over
others; and are either written, or made known to men, by some other
argument of the Will of their Legislator.
Another Division Of Law
Again, of Positive Lawes some are Humane, some Divine; And of Humane
positive lawes, some are Distributive, some Penal. Distributive are
those that determine the Rights of the Subjects, declaring to every man
what it is, by which he acquireth and holdeth a propriety in lands,
or goods, and a right or liberty of action; and these speak to all
the Subjects. Penal are those, which declare, what Penalty shall be
inflicted on those that violate the Law; and speak to the Ministers
and Officers ordained for execution. For though every one ought to be
informed of the Punishments ordained beforehand for their transgression;
neverthelesse the Command is not addressed to the Delinquent, (who
cannot be supposed will faithfully punish himselfe,) but to publique
Ministers appointed to see the Penalty executed. And these Penal Lawes
are for the most part written together with the Lawes Distributive; and
are sometimes called Judgements. For all Lawes are generall judgements,
or Sentences of the Legislator; as also every particular Judgement, is a
Law to him, whose case is Judged.
Divine Positive Law How Made Known To Be Law
Divine Positive Lawes (for Naturall Lawes being Eternall, and
Universall, are all Divine,) are those, which being the Commandements of
God, (not from all Eternity, nor universally addressed to all men, but
onely to a certain people, or to certain persons,) are declared for
such, by those whom God hath authorised to declare them. But this
Authority of man to declare what be these Positive Lawes of God, how can
it be known? God may command a man by a supernaturall way, to deliver
Lawes to other men. But because it is of the essence of Law, that he who
is to be obliged, be assured of the Authority of him that declareth
it, which we cannot naturally take notice to be from God, How Can A Man
Without Supernaturall Revelation Be Assured Of The Revelation Received
By The Declarer? and How Can He Be Bound To Obey Them? For the first
question, how a man can be assured of the Revelation of another, without
a Revelation particularly to himselfe, it is evidently impossible:
for though a man may be induced to believe such Revelation, from the
Miracles they see him doe, or from seeing the Extraordinary sanctity of
his life, or from seeing the Extraordinary wisedome, or Extraordinary
felicity of his Actions, all which are marks of Gods extraordinary
favour; yet they are not assured evidence of speciall Revelation.
Miracles are Marvellous workes: but that which is marvellous to one,
may not be so to another. Sanctity may be feigned; and the visible
felicities of this world, are most often the work of God by Naturall,
and ordinary causes.