Johannes Althusius: Politica - Hubertlerch.com - HubertLerch.com
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 />
removal of perils and disadvantages to the fatherland, and for the promotion of its benefits. The second part contains those<br />
things that pertain to the guardianship of subjects. By removing abuse, circumventing deceit, and punishing evildoers, conflicts<br />
are resolved. [§ 30] The magistrate himself ought to judge conflicts and controversies between his subjects, and to appoint<br />
other pious and honest men as judges. As far as he is able, he should be<strong>com</strong>e acquainted in his own person with these conflicts,<br />
and judge them according to the properly acknowledged processes of law. … [§ 39] Other judges should be appointed by the<br />
supreme magistrate for less important cases in the administration of justice, and should be given the power and jurisdiction<br />
necessary for the fulfillment of their responsibilities. …<br />
[§ 49] It is useful to make court proceedings public because greater respect is thereby produced for their decisions, and those<br />
persons who are in similar situations be<strong>com</strong>e apprehensive when instructed by such examples and learn from them not to stir up<br />
controversy. Judges also are afraid to render corrupt decisions as long as they know public censure may be brought to bear. … [§<br />
56] The power of appealing freely to the superior magistrate from these intermediary and inferior judges ought to be granted<br />
persons who consider themselves to have been unfairly treated in a judgment against their right. [§ 57] The supreme<br />
magistrate should therefore establish a supreme tribunal and consistory for appellate cases. Cases that are said to be wrongly<br />
decided are accepted, examined, and ruled upon in this appellate tribunal by a number of judges from the various estates and<br />
orders of the realm. From this tribunal there is no power of appeal. This superior tribunal is said to belong not so much to the<br />
supreme magistrate as to the entire realm. For in it the king and ephors, or estates and orders of the entire realm, deliver<br />
judgments in the name of the realm, or learned and pious men judge in their name. …<br />
XXX<br />
[§ 1] CENSORSHIP IS THE INQUISITION into and chastisement of those morals and luxuries that are not prevented or punished by<br />
laws, but which corrupt the souls of subjects or squander their goods unproductively.<br />
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[ § 2 ] Therefore, censorship corrects the<br />
things that are not yet worthy of legal punishment, but when neglected or treated with disdain furnish the cause of many and<br />
great evils. …<br />
[§ 4] Among us today the censorship and inquisition of morals is customarily entrusted to the sacred collegium, or the<br />
presbytery. Whoever does not obey it is forbidden by it to attend sacred services, so that he be<strong>com</strong>es ashamed by this disgrace<br />
and exclusion.<br />
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If he is contemptuous of this exclusion and ex<strong>com</strong>munication, he is accused of the contemptuous offense by an<br />
officer of the court before the magistrate, by whom he is deservedly punished.<br />
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Among the Jews it would seem that the right of<br />
censorship, even over kings, was entrusted to the prophets, as be<strong>com</strong>es apparent from the example of Samuel,<br />
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as well as of<br />
Isaiah, Jeremiah, and others. …<br />
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The Romans are also observed to have had censors of their morals. The Spartans had their<br />
ephors as censors of kings. And to these ephors, optimates, and leaders of the orders of the realm was given the right and power<br />
of censorship over the supreme magistrate himself.<br />
The form and practice of censorship consist of inquisition and stigmatization. [§ 5] Inquisition occurs with respect to vices that<br />
do not <strong>com</strong>e into the courts because of the lack of an accuser or denouncer, and yet offend the eyes of good and pious citizens.<br />
For the sake of example, these vices receive a most serious rebuke and notation, even though recourse is not had to legal<br />
punishment. Such vices are bad morals and luxuries. [§ 6] I understand bad morals to include depraved actions, lewdness,<br />
wantonness, drunkenness, brawls, errors, schisms, heresies, perjury, and anything else that probity and modesty condemn in<br />
every age and sex by which subjects are pauperized by the misuse of their goods or depraved and corrupted by vices. …<br />
[§ 15] Luxury, on the authority of Lipsius, appears in respect to four things, namely, money, housing, food, and clothes. …<br />
[§ 24] The stigmatization of censorship is the public declaration of shame and disgrace, possibly with some kind of fine,<br />
administered by the censor because of a less than decent life. …<br />
[§ 28] Chastisement and reproach by our censors, that is, by the presbyters, consist in suspension from the use of the<br />
sacraments, and prohibition and ex<strong>com</strong>munication from the fellowship of the pious. … These are the steps to be observed by<br />
censors; first admonition, then corrective action or fines, and lastly, if these are disregarded, ex<strong>com</strong>munication. Such<br />
ecclesiastical discipline is rightly called the teacher of virtue, the custodian of faith, the walls and bulwark of piety, and the bond<br />
and sinew of the church. …<br />
[§ 29] Where there is no such censorship, the life of the prince, if it is moral and pious, can be put forth and established in its<br />
place. For Pliny rightly said that the life of the prince is the censure of citizens, which when constant directs and transforms us.<br />
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