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

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Althusius_0002 9/10/05 4:09 PM removal of perils and disadvantages to the fatherland, and for the promotion of its benefits. The second part contains those things that pertain to the guardianship of subjects. By removing abuse, circumventing deceit, and punishing evildoers, conflicts are resolved. [§ 30] The magistrate himself ought to judge conflicts and controversies between his subjects, and to appoint other pious and honest men as judges. As far as he is able, he should become acquainted in his own person with these conflicts, and judge them according to the properly acknowledged processes of law. … [§ 39] Other judges should be appointed by the supreme magistrate for less important cases in the administration of justice, and should be given the power and jurisdiction necessary for the fulfillment of their responsibilities. … [§ 49] It is useful to make court proceedings public because greater respect is thereby produced for their decisions, and those persons who are in similar situations become apprehensive when instructed by such examples and learn from them not to stir up controversy. Judges also are afraid to render corrupt decisions as long as they know public censure may be brought to bear. … [§ 56] The power of appealing freely to the superior magistrate from these intermediary and inferior judges ought to be granted persons who consider themselves to have been unfairly treated in a judgment against their right. [§ 57] The supreme magistrate should therefore establish a supreme tribunal and consistory for appellate cases. Cases that are said to be wrongly decided are accepted, examined, and ruled upon in this appellate tribunal by a number of judges from the various estates and 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 supreme magistrate as to the entire realm. For in it the king and ephors, or estates and orders of the entire realm, deliver judgments in the name of the realm, or learned and pious men judge in their name. … XXX [§ 1] CENSORSHIP IS THE INQUISITION into and chastisement of those morals and luxuries that are not prevented or punished by laws, but which corrupt the souls of subjects or squander their goods unproductively. 8 [ § 2 ] Therefore, censorship corrects the things that are not yet worthy of legal punishment, but when neglected or treated with disdain furnish the cause of many and great evils. … [§ 4] Among us today the censorship and inquisition of morals is customarily entrusted to the sacred collegium, or the presbytery. Whoever does not obey it is forbidden by it to attend sacred services, so that he becomes ashamed by this disgrace and exclusion. 9 If he is contemptuous of this exclusion and excommunication, he is accused of the contemptuous offense by an officer of the court before the magistrate, by whom he is deservedly punished. 10 Among the Jews it would seem that the right of censorship, even over kings, was entrusted to the prophets, as becomes apparent from the example of Samuel, 11 as well as of Isaiah, Jeremiah, and others. … 12 The Romans are also observed to have had censors of their morals. The Spartans had their ephors as censors of kings. And to these ephors, optimates, and leaders of the orders of the realm was given the right and power of censorship over the supreme magistrate himself. The form and practice of censorship consist of inquisition and stigmatization. [§ 5] Inquisition occurs with respect to vices that do not come into the courts because of the lack of an accuser or denouncer, and yet offend the eyes of good and pious citizens. For the sake of example, these vices receive a most serious rebuke and notation, even though recourse is not had to legal punishment. Such vices are bad morals and luxuries. [§ 6] I understand bad morals to include depraved actions, lewdness, wantonness, drunkenness, brawls, errors, schisms, heresies, perjury, and anything else that probity and modesty condemn in every age and sex by which subjects are pauperized by the misuse of their goods or depraved and corrupted by vices. … [§ 15] Luxury, on the authority of Lipsius, appears in respect to four things, namely, money, housing, food, and clothes. … [§ 24] The stigmatization of censorship is the public declaration of shame and disgrace, possibly with some kind of fine, administered by the censor because of a less than decent life. … [§ 28] Chastisement and reproach by our censors, that is, by the presbyters, consist in suspension from the use of the sacraments, and prohibition and excommunication from the fellowship of the pious. … These are the steps to be observed by censors; first admonition, then corrective action or fines, and lastly, if these are disregarded, excommunication. Such ecclesiastical discipline is rightly called the teacher of virtue, the custodian of faith, the walls and bulwark of piety, and the bond and sinew of the church. … [§ 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 place. For Pliny rightly said that the life of the prince is the censure of citizens, which when constant directs and transforms us. 13 http://oll.libertyfund.org/Home3/EBook.php?recordID=0002 Page 110 of 132
Althusius_0002 9/10/05 4:09 PM It is also important that not everything be corrected at once, but gradually. For as Cicero says, none of us can be changed quickly. Nor can one’s life be altered or his character transformed suddenly. Some evils the prince can remove more easily if he is patient with them. Shame changes some men for the better, necessity others, and satiation still others. For the souls of some men journey into evil, but do not remain there. … 14 XXXI [§ 1] SO MUCH FOR THE ADMINISTRATION OF JUSTICE and for censorship. We turn now to the endeavor to conserve concord and tranquillity in public life. Concord and tranquillity consist in consensus, peace, and good will among subjects and between subjects and their magistrate, without mutual deceits or hatreds, for the purpose of preserving the public entity. 15 [§ 2] They are absolutely necessary in a commonwealth. For nothing is better for a commonwealth than unity, and nothing worse than divisiveness. Therefore, concord is rightly called the unconquerable bulwark of the commonwealth. … [§ 3] The care of this concord is entrusted to the magistrate. He should conserve it by removing all causes of factions and seditions, and by entering into alliances with neighboring countries. For a city or commonwealth is like the physical body. Civil disturbances are its sicknesses, and the king or magistrate is its doctor. His first responsibility is to preserve it in good health, and his second is to restore it to good health if it has been weakened by illnesses. Consequently, the magistrate is called the custodian of the common society. [§ 4] In every conflict between persons, in every faction and sedition, there are always two different parties. One defends the laws and rights of the commonwealth against those who act unjustly. [§ 5] The other resorts to force without adequate reason. When a faction or sedition is confirmed by an oath, it is called a conjuration; when organized around a covenant, it is called a conspiracy. [§ 6 ] A faction is a conspiracy or union of a few or of many in dissension with other citizens. [§ 7] If the people divides into more than two factions—into three, four, or five factions—friendship alliances will combine them into two; or else one united with another will subdue and overcome the others. [§ 8] Factions have their origin in the private and public hatreds of different families, or in ambition, arguments, discord, animosities, jealousies, and sinister suspicions. In former times such factions existed between the Guelphs and the Ghibellines, the Samaritans and the Jews, and the Israelites and the Judeans. … [§ 10] The magistrate overcomes factions when he destroys the seeds that cause them—hatred, ambition, arguments, jealousies, strife—and reconciles the parties. He does this when he takes precautions that one party does not act abusively toward another, nor provoke it with words; when he does not permit intermediate magistrates and rulers to nourish hatreds and factions among themselves; when he anticipates and heads off by just means the envy that arises from virtue and renown; and when he defends good men from the calumny and injury of the envious. For a small spark when neglected has often started a great fire. Secondly, he should abolish the names and insignia of factions. Thirdly, he should not permit secret deliberations and meetings. … [§ 11] Sedition is the dissention of a united group against the magistrate, or the sudden and violent uprising against the magistrate. … There are various causes of sedition. [§ 13] The first is excessive and unusual taxation by which the magistrate impoverishes his subjects, especially when imposed for unnecessary expenses. … [§ 15] The second cause of sedition is the fear of those who have done harm and are afraid of punishment. … [§ 16] The third cause is excessive indulgence and laxity, or the distress and indigence of the poor, as well as excessive riches. Great riches produce luxury, sloth, a desire for political changes, and disorders. Poverty causes the same desire for political changes, a large number of crimes, and many disgraceful things. … 16 [§ 25 ] The remedies by which sedition may be overcome are either general or special. [§ 26] Petrus Gregorius sets forth three general remedies. 17 First is precaution, prevention, and foresight that seditions do not occur. The second is appropriate corrective measures when they do arise. The third is penalties and exemplary punishment of seditious persons. … There are two special remedies for overcoming sedition. [§ 70] The first is negotiation and compromise, and the second is civil war. … [§ 75] The removal of factions and seditions is the first means of conserving concord. The other, as I have said, is alliances. An alliance with neighboring countries is entered into for the sake of peace, tranquillity, and concord, or of aid against enemies. … XXXII http://oll.libertyfund.org/Home3/EBook.php?recordID=0002 Page 111 of 132
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Johannes Althusius: Politica - Hubertlerch.com - HubertLerch.com

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