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

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and destruction of the fundamental laws of the realm. The other consists in the administration of functions and things of the
associated body in a manner that is contrary to piety and justice. [§ 6] The first type of tyranny has two species. One specie
occurs when the supreme magistrate violates, changes, or overthrows the fundamental laws of the realm, especially those that
concern true religion. Such a tyrant was Athaliah.
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Such also was Philip, king of Spain, who established an administration in
Belgium by force and arms against the fundamental laws and hereditary ways of the commonwealth. … [§ 7] The other occurs
when he does not maintain faith with the associated body, despises his oath, and breaks up the orders and estates, or impedes
them in the performance of their offices. … [§ 8] The second type of tyranny is either general or special. General tyranny
stands opposed to the universal association in all things, as when the supreme magistrate like an enemy plunders, perverts, and
upsets the church and commonwealth. [§ 9] Likewise, general tyranny occurs when the supreme magistrate exercises absolute
power, or the plenitude of power, in his administration, and violates the bonds and shatters the restraints by which human society
has been maintained. … [§ 10] Special tyranny stands opposed to certain parts and aspects of just administration. This is to
say, it is contrary to the just administration of the functions of the associated body, of its goods, or of the right of private
persons. …
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[§ 28] Having become acquainted with the nature of tyranny, we are now to look for the remedy by which it may be
opportunely removed. This consists in resistance to and deposition of the tyrant, which remedy has been entrusted to the
optimates alone.
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[ § 29 ] This resistance is the process by which the ephors impede the tyranny of the supreme magistrate by
word and deed. And when he is incurable, or the rights ( jura) 8 of the associated body cannot otherwise be kept sound, well
protected, and in good condition, or the commonwealth free from evil, they depose him and cast him out of their midst. …
[§ 46] In order that the ephors may rightly exercise this right of resistance to a tyrant, it is necessary that they pay attention
to the following matters: (1) what optimates or ephors can resist a tyrant and are responsible for doing so, (2) when, (3) in what
manner, and (4) how long and how far?
[§ 47] Concerning the first matter, the optimates of the realm
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both collectively and individually can and should resist tyranny
to the best of their ability. For since they have the right of creating the magistrate by the consent and command of the people,
they also receive the power of judging and deposing him. …
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[§ 48] Subjects and citizens who love their country and resist a
tyrant, and want the commonwealth and its rights to be safe and sound, should join themselves to a resisting ephor or optimate.
[§ 49] Those who refuse to help the resisting ephor with their strength, money, and counsel are considered enemies and
deserters. Therefore, each and all ought to move quickly against a tyrant as against a common fire, and eagerly carry water,
scale the walls, and confine the flame so that the entire commonwealth does not burn. Above all they ought to do this when a
tyrant is engaged in the actual act of tyranny.
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[§ 50] Special ephors are obligated to defend only that part of the realm whose care and safety have been entrusted to
them. [§ 51] But they certainly ought not to abandon the subjects and region over which they preside, unless they first have
attempted all legitimate courses of action, and have given them up as hopeless. …
[§ 53] What is to be done collectively by the estates or ephors of the realm is not permitted to one of them when the others do
not consent. That is to say, one of the ephors may not take imperium away from the magistrate, declare him to be a private
person, kill him, resist him beyond the boundaries of this ephor’s own territory or of the region assigned to this ephor, or
persecute him. For what concerns the whole cannot be exercised by individuals separately and by themselves when the rest or
the largest part of them disagree. However, it shall be permitted one part of the realm, or individual ephors or estates of the
realm, to withdraw from subjection to the tyranny of their magistrate and to defend themselves. …
[§ 55] It should be observed, nevertheless, that even one ephor is required to drive from the entire realm the tyranny of an
enemy and someone without title ( tyrannus absque titulo) who wishes to force himself into the position of a legitimate
magistrate when he is not one. A single ephor is expected to defend the associated body of which he is a member against force
and injury. … So Holland, Zeeland, Frisia, Gelderland, and other confederates defended the remaining estates and orders of the
Belgium provinces against the force and tyranny of Spain. But those writers are wrong who assign to the Roman pontiff the
power of deposing kings and emperors.
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[§ 56] We turn now to the second matter, or when a tyrannical magistrate may be resisted. This involves three aspects: when
tyranny proper— which pertains to a tyrant by practice ( tyrannus exercito)—is to be publicly acknowledged, when it is to be
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