The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11)
Thomas Hobbes · en
4. All _law_ may be divided, first according to the diversity of its
authors into _divine_ and _human_. The _divine_, according to the
two ways whereby God hath made known his will unto men, is twofold;
_natural_ or _moral_, and _positive_. _Natural_ is that which God
hath declared to all men by his _eternal word_ born with them, to
wit, their _natural reason_; and this is that law, which in this
whole book I have endeavoured to unfold. _Positive_ is that, which
God hath revealed to us by _the word of prophecy_, wherein he hath
spoken unto men as a man. Such are the laws which he gave to the
Jews concerning their government and divine worship; and they may be
termed the _divine civil laws_, because they were peculiar to the
civil government of the Jews, his peculiar people. Again, _the
natural law_ may be divided into that of _men_, which alone hath
obtained the title of the _law of nature_; and _that of cities_,
which may be called _that of nations_, but vulgarly it is termed the
_right of nations_. The precepts of both are alike. But because
cities once instituted do put on the personal proprieties of men,
that _law_, which speaking of the duty of single men we call
_natural_, being applied to whole cities and nations, is called the
_right of nations_. And the same elements of _natural law and
right_, which have hitherto been spoken of, being transferred to
_whole cities_ and _nations_, may be taken for the elements of the
_laws_ and _right of nations_.
[Sidenote: The division of human, that is to say, civil laws into
secular and sacred.]
5. All _human law_ is _civil_. For the state of men considered out
of civil society, is hostile; in which, because one is not subject
to another, there are no other laws beside the dictates of natural
reason, which is the divine law. But in civil government the city
only, that is to say, that man or court to whom the supreme power of
the city is committed, is the legislator; and the laws of the city
are civil. _The civil laws_ may be divided, according to the
diversity of their subject matter, into _sacred_ or _secular_.
_Sacred_ are those which pertain to religion, that is to say, to the
ceremonies and worship of God: to wit, what persons, things, places,
are to be consecrated, and in what fashion; what opinions concerning
the Deity are to be taught publicly; and with what words and in what
order supplications are to be made; and the like; and are not
determined by any divine positive law. For the _civil sacred laws_
are the _human laws_ (which are also called _ecclesiastical_)
concerning _things sacred_; but _the secular_, under a general
notion, are usually called the _civil_ laws.
[Sidenote: Into distributive and vindicative.]