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

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[§ 47] Although the rule is that the magistrate cannot alienate the goods of the realm by any manner or means, or dispose of
them in his will, nevertheless when public necessity and utility require he should be able to alienate them for any of three
principal reasons. [§ 48] The first occurs when he has children. For then he can make one of them his heir, and give the
remaining children other goods for their possession, but without the latter holding the right of royal power or the right of
succession. … [§ 49] The second reason for the alienation of things is war or ransom for himself, or other causes such as
dowries in the event of matrimony. [§ 50] The third reason is the necessary defense of the commonwealth for which only the
sale of property will avail. … [§ 51] For no other reasons, however, can the magistrate alienate the goods of the
commonwealth, especially the cities, towns, and other places of the realm, which he can least of all remove from his imperium
and jurisdiction. Nor can he grant to any of them privileges freeing them from obedience. …
[§ 98] Next is the care of the goods of private men that is entrusted to the magistrate with respect to their protection and
defense against violence and injury. [§ 99] Private goods are of three sorts. The first are life and physical safety. The second
are honor and reputation. And the third are outward goods. …
Endnotes
[1] [General right is discussed in Chapters XXIX–XXXI and special right in Chapters XXXII–XXXVI. The latter refers to provisions
for commerce, a monetary system, an official language, special duties and privileges, public security, councils of the realm, and
military matters.]
[2]
[3]
[the making of law and the administration of justice.]
[Chapters XXIX–XXX and XXXI respectively.]
[4] In Psalm 108:9 Judah is called a legislator because of the power entrusted to it of making and administering laws for the
realm. [The Tremellius–Junius translation of the Old Testament from the Hebrew into Latin (Frankfort on the Main, 1579) renders
the last line of Psalm 108:9 (108:8 in the R.S.V.) as “Judah is my legislator.” ]
[5] See Innocent Gentillet, Against Nicholas Machiavell, III, theor. 22; Junius Brutus, Defence of Liberty Against Tyrants, quest.
1 and 3.
[6]
[Althusius devotes the rest of Chapter XXIX to the administration of justice, and the whole of Chapter XXX to censorship.]
b b
[7] [Aristotle, Ethics, 1130 30–1132 20.]
[8] [Althusius draws heavily from the Bible in this discussion of censorship, and then most often these contemporary writings:
Jean Bodin, The Commonweale; Petrus Gregorius, De Republica; Justus Lipsius, Politcorum sive civilis doctrinae; Philip
Camerarius, Meditationes historicae; Wilhelm Zepper, De politica ecclesiastica; and Benedict Aretius, Problemata theologica. ]
[9]
[10]
[11]
I Corinthians 5.
Matthew 18.
I Samuel 12–14.
[12]
Jeremiah 1:10; 20; I Kings 17:1; II Kings 3:13. With a sharp censure Jeroboam was rebuked by a prophet (I Kings 13),
Asa by Hanani (II Chronicles 16), and David by Nathan (II Samuel 12). So Jeremiah reprimanded the people and the king
(Jeremiah 17:20), Elijah rebuked Ahab (I Kings 18), and John the Baptist rebuked Herod (Matthew 14), and Elisha rebuked the
king of Israel (II Kings 3).
[13] Pliny the Younger], Panegyric on Trajan.
[14] As Lipsius teaches from Seneca and others. See also Petrus Gregorius, De republica, IV, 12; Lambert Daneau, Politices
christianae, VI, 4.
[15] See Novel IV; Digest I, 18, 13.
[16] Althusius presents seven more causes of sedition: unfairness in the administration of justice, ambition for office, conflict of
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