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

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considered firmly entrenched, and what to do when other remedies are to no avail. … [§ 57] To make such tyranny publicly
acknowledged and recognized it is necessary that the optimates of the realm call a council and assemble a general meeting of all
orders of the people, and that they therein undertake to examine and judge the activities and deeds of the tyrant. If there are no
ephors, then public defenders and deliverers should be constituted ad hoc by the people itself. … [§ 58] Tyranny is said to be
firmly entrenched when the magistrate, having been admonished often by the optimates without effect or correction in the
performance of his office, still does not cease from tyranny but instead persists in it, so that he can do anything at all with
impunity. [§ 59] Remedies other than deposition for curbing and coercing tyranny should first be attempted time and again until
they prove to be without effect, in order that the remedy not become more dangerous than the malady itself. For not only should
the permissible be explored, but also the expedient. [§ 60] On the other hand, when there is danger in delay, when evil
increases and gathers strength, one may resist immediately and confront the tyrant courageously in order that through delay the
malady not become more difficult or even impossible to cure.
[§ 61] Third, the manner of resisting one who has entered upon tyranny is by defensive, not offensive means, namely by action
within the boundaries of the territory assigned to the resisting ephor. [§ 62] The tyrant is to be resisted, I say, by words and
deeds: by words when he by words only violates the worship of God and assaults the rights and foundations of the
commonwealth: by force and arms when by military might and outward force he exercises tyranny, or has so progressed in it
that without armed force such tyranny cannot be restrained, confined, or driven out. In the latter event, it is permitted to enlist
an army from among the inhabitants, confederates, friends, and others, just as against an enemy of the fatherland and realm.
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[§ 63] Fourth, he is to be resisted so long as tyranny endures, and so far as he assails or acts contrary to the declared
covenant. He should be resisted until the commonwealth is restored to its original condition. And to this end the optimates can
remove such a person from office, deprive him of his entrusted administration, and, if they cannot defend themselves against
force by any other means, even kill him, and substitute another in his place.
[§ 64] If an oppressed commonwealth, however, should solemnly consent to a change in its laws, and he who was a tyrant
without title should receive the title, there should no longer be resistance to this legitimate magistrate. …
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[§ 65] What, then, is to be decided about private subjects from among the people? For the position we have thus far taken
about the ephors applies only to public persons. It plainly does not apply to private persons when the magistrate is a tyrant by
practice because they do not have the use and right of the sword ( usus et jus gladii ), nor may they employ this right. … [§
67] This is to be understood, however, in such a manner that these private persons are not forced to be servants of tyranny, or
to do anything that is contrary to God. Under these circumstances they should flee to another place so that they avoid obedience
not by resisting, but by fleeing.
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Nevertheless, when manifest force is applied by the magistrate to private persons, then in case
of the need to defend their lives resistance is permitted to them. For in this case private persons are armed against the
magistrate who lays violent hands upon them by the natural law ( jus naturale) and the arrangements constituting kings.
Accordingly such private persons may do nothing by their private authority against their supreme magistrate, but rather shall
await the command of one of the optimates before they come forth with support and arms to correct a tyrant by practice.
[§ 68] But when a tyrant without title invades the realm, each and every optimate and private person who loves his fatherland
can and should resist, even by his private authority without awaiting the command of another. …
[§ 71] It is not to be thought that by attributing such power to the ephors the right and power of the supreme magistrate is
thereby diminished. Rather it is augmented and confirmed by the ephors’ power. The reason is that he who might otherwise be
undone by his own fault and negligence is upheld by a strength not his own and thereby delivered from ruin. [§ 72] For it
pertains to the power and duty of ephors to see that the imperium and administration of the supreme magistrate is established
according to justice and the norm of laws, and that he does not depart from what is called true and legitimate administration.
Were he to do so his administration would be nothing other than a plundering, or the conspiracy of a band of robbers and evil
men.
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Even God is not thought to be less powerful because he is intrinsically unable to sin. Nor do we think someone is less
healthy because he is attended by medical doctors who dissuade him from intemperance, forbid him from eating harmful foods,
and even purge his body from time to time when it needs cleansing. Whom should we consider to be his true friends: these
medical doctors who care for his health, or those flatterers who obtrude everything harmful and unhealthy upon him?
[§ 76] One of the estates,
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or one part of the realm, can abandon the remaining body to which it belonged and choose for
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