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Johannes Althusius: Politica - Hubertlerch.com - HubertLerch.com

Johannes Althusius: Politica - Hubertlerch.com - HubertLerch.com

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<strong>Althusius</strong>_0002<br />

9/10/05 4:09 PM<br />

dwell and engage in business with the faithful.<br />

38<br />

But I do not think that magistrates should permit Jews to have synagogues.<br />

However, the theologians Peter Martyr and Jerome Zanchius conclude that even this can be done if the Jews are content to read<br />

the Bible and offer prayers in them, and not to blaspheme Christ or the church.<br />

39<br />

[§ 54] Their reason is that Christ and the<br />

apostles are known to have gone into synagogues and to have conferred with the Jews. In the civil life of Jews with inhabitants,<br />

the most prudent and pious consider that the following precautions ought to be observed: (1) that the faithful not enter into<br />

wedlock with Jews, and (2) that they not share in their religion or their rites, cultivate too close friendship with them, or live<br />

familiarly with them. The Jews should have separate quarters, as is the case in Frankfurt, and bear insignia or marks by which<br />

they are easily recognized by all. …<br />

[§ 55] The theologians determine how far it is permitted to have private contact with infidels, atheists, impious men, or<br />

persons of different religions by distinguishing between the learned, the faithful, and uneducated, and the weak, and the purposes<br />

for which the contacts are to be held.<br />

40<br />

[§ 56] The same can be said about papists born in the territory of the magistrate or having homes there. The magistrate can in<br />

good conscience permit them to live within the boundaries of the realm if the pious do not partake of their superstitions, live<br />

familiarly with them, or contract marriages with them. Furthermore, the magistrate ought not to permit them temples for the<br />

practice of their idolatrous worship.<br />

Distinctions should be made concerning heretics in a well-constituted imperium. For there are some heresies that tear up the<br />

foundation of faith, such as Arianism and the like. But there are others that, although they err in certain articles of faith, do not<br />

overthrow the foundation, such as the Novatian and similar heresies. [§ 57] Heretics of the first sort should be severely<br />

attended to by the magistrate with exile, prison, or the sword. This is in order that they cannot have fellowship or intercourse<br />

with the faithful, impart their disease to others, or infect, ruin, or corrupt them. The magistrate should <strong>com</strong>mand men by public<br />

interdicts to abstain from fellowship with them.<br />

Heretics of the second sort are to be ex<strong>com</strong>municated if, having been convicted of heresies and admonished by the church, they<br />

nevertheless persist in them. [§ 58] But those who uphold some error or doctrine that has not yet been condemned as manifest<br />

heresy are not for this reason to be driven from the church, nor the sacred services to be prohibited to them or social intercourse<br />

forbidden with them.<br />

41<br />

[§ 59] The magistrate can even order by published edicts that the orthodox are not to ridicule or heap<br />

abuse upon those whose error does not reach to the foundations of doctrine, and that instead of publicly judging them the<br />

orthodox are rather to cultivate friendship among them until the matter is legitimately discussed and decided in a free synod. …<br />

[§ 63] A magistrate in whose realm the true worship of God does not thrive should take care that he not claim imperium over<br />

faith and religion of men, which exist only in the soul and conscience. God alone has imperium in this area. To him alone the<br />

secrets and intimate recesses of the heart are known. And he administers his kingdom, which is not of this world, through his<br />

ministers of the Word. For this reason, faith is said to be a gift of God, not of Caesar. It is not subject to the will, nor can it be<br />

coerced. If in religion the soul has once been destroyed, nothing henceforth remains, as Lactantius says. We are not able to<br />

<strong>com</strong>mand religion because no one is required to believe against his will. Faith must be persuaded, not <strong>com</strong>manded, and taught,<br />

not ordered. Christ said to his disciples who were willing to destroy the Samaritans, “Are you ignorant of whose spirit you are<br />

sons?”<br />

42<br />

The emperor Constantine said that to inflict bodily punishments upon men whose minds have been captured is<br />

senseless and stupid to the extreme.<br />

43<br />

[§ 64] Those who err in religion are therefore to be ruled not by external force or by corporal arms, but by the sword of the<br />

spirit, that is, by the Word and spiritual arms through which God is able to lead them to himself. They are to be entrusted to<br />

ministers of the Word of God for care and instruction.<br />

44<br />

If they cannot be persuaded by the Word of God, how much less can<br />

they be coerced by the threats or punishments of the magistrate to think or believe what he or some other person believes.<br />

Therefore, the magistrate should leave this matter to God, attribute to him the things that are his—who alone impels, leads, and<br />

changes hearts—and reserve to himself what God has given him, namely, imperium over bodies. He is forbidden in his<br />

administration to impose a penalty over the thoughts of men. Heretics, so far as they are delinquent in external actions, are to<br />

be punished just as any other subjects, even the otherwise pious. [§ 65] But if the magistrate invades the imperium of God,<br />

exceeds the limits of his jurisdiction, and arrogates to himself imperium over the consciences of men, he shall not do this evil<br />

with impunity. For because of this action, seditions and tumults, which persecution is wont to cause, will arise in his realm. Thus,<br />

in the time of the Maccabees long wars and tumults arose because of persecutions. When the Scribes and Pharisees persecuted<br />

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