The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
_Positive_, are those which have not been from eternity; but have been
made laws by the will of those that have had the sovereign power over
others; and are either written, or made known to men, by some other
argument of the will of their legislator.
Again, of positive laws some are _human_, some _divine_; and of human
positive laws, 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;
nevertheless the command is not addressed to the delinquent, who cannot
be supposed will faithfully punish himself, but to public ministers
appointed to see the penalty executed. And these penal laws are for the
most part written together with the laws distributive; and are sometimes
called judgments. For all laws are general judgments, or sentences of
the legislator; as also every particular judgment, is a law to him,
whose case is judged.
[Sidenote: Divine positive law how made known to be law.]
_Divine positive laws_ (for natural laws being eternal, and universal,
are all divine), are those, which being the commandments of God, not
from all eternity, nor universally addressed to all men, but only to a
certain people, or to certain persons, are declared for such, by those
whom God hath authorized to declare them. But this authority of man to
declare what be these positive laws of God, how can it be known? God may
command a man by a supernatural way, to deliver laws 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
supernatural 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 himself, it is evidently impossible. For
though a man may be induced to believe such revelation, from the
miracles they see him do, or from seeing the extraordinary sanctity of
his life, or from seeing the extraordinary wisdom, or extraordinary
felicity of his actions, all which are marks of God’s extraordinary
favour; yet they are not assured evidences of special revelation.
Miracles are marvellous works: 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 natural, and
ordinary causes. And therefore no man can infallibly know by natural