The English works of Thomas Hobbes of Malmesbury, Volume 04 (of 11)
Thomas Hobbes · en
for things that are done _jure_, nothing can be said to be done
_jure divino_, that is not also _jure civili_, unless it be done by
them that having sovereign power, are not subject to the civil law.
[Sidenote: The division of laws, &c.]
6. The differences of laws, are according to the differences, either
of the authors and lawmakers, or of the promulgation, or of those
that are subject to them. From the difference of the authors, or
lawmakers, cometh the division of law into _divine_, _natural_, and
_civil_. From the difference of promulgation, proceedeth the
division of laws into _written_ and _unwritten_. And from the
difference of the persons to whom the law appertaineth, it
proceedeth, that some laws are called simply laws, and some penal.
As for example, _thou shalt not steal_, is simply a law; but this,
_he that stealeth an ox, shall restore four-fold_, is a penal, or as
others call it, a judicial law. Now in those laws, which are simply
laws, the commandment is addressed to every man; but in penal laws
the commandment is addressed to the magistrate, who is only guilty
of the breach of it, when the penalties ordained, are not inflicted;
to the rest appertained nothing, but to take notice of their danger.
[Sidenote: That the divine moral law, and the law of nature, is the
same.]
7. As for the first division of law into _divine_, _natural_, and
_civil_, the first two branches are one and the same law. For the
law of nature, which is also the moral law, is the law of the author
of nature, God Almighty; and the law of God taught by our Saviour
Christ, is the moral law. For the sum of God’s law is, _Thou shalt
love God above all, and thy neighbour as thyself_; and the same is
the sum of the law of nature, as hath been showed, Part I. chap. V.
And although the doctrine of our Saviour be of three parts, _moral_,
_theological_, and _ecclesiastical_; the former part only, which is
the moral, is of the nature of a law universal; the latter part is a
branch of the law civil; and the theological, which containeth those
articles concerning the divinity and kingdom of our Saviour, without
which there is no salvation, is not delivered in the nature of laws,
but of counsel and direction, how to avoid the punishment, which by
the violation of the moral law, men are subject to. For it is not
infidelity that condemneth, though it be faith that saveth, but the
breach of the law and commandments of God, written first in man’s
heart, and afterwards in tables, and delivered to the Jews by the
hands of Moses.
[Sidenote: That the civil laws are the common measure of right and
wrong, &c.]