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

Althusius_0002
9/10/05 4:09 PM
is observed in recording their names in the register.” 8
[§ 16] The communication of right among the colleagues is achieved when they live, are ruled, and are obligated in their
collegium by the same right and laws ( jus et leges), and are even punished for proper cause according to them, provided this is
done without infringing upon the magistrate or usurping an alien jurisdiction. The problem of when a collegium or
community ( universitas) 9 is able to establish its own statutes is discussed by Losaeus. 10 Certainly the colleagues may establish
statutes obligating them in whatever pertains to the administration of their goods, to their craft and profession, and to their
private business. Their jurisdiction, however, must not infringe on the public jurisdiction, nor extend to those matters that are
rightfully prohibited.
[§ 17] The common right ( jus commune) 11 of the collegium or the colleagues, which is customarily described in the corporate
books, is either received from and maintained by the common consent of the colleagues, or is conceded and granted to them by
special privilege of the superior magistrate.
[§ 18] A majority of all assembled colleagues binds the minority by its vote in those matters common to all colleagues, or
pertaining jointly and wholly to the colleagues as a united group, but not in matters separately affecting individual colleagues
outside the corporate fellowship. So in those matters that are to be done necessarily by the collegium, a majority is certainly
sufficient, provided that in making decisions two-thirds of the collegium is present. The reason is that what is common to
everyone is not my private concern alone. … [§ 20] However, in matters common to all one by one, or pertaining to colleagues
as individuals, a majority does not prevail. In this case, “what touches all ought also to be approved by all.”
12
Even one person
is able to object. The reason is that in this case what is common to everyone is also my private concern. In these things that are
merely voluntary nothing ought to be done unless all consent, not separately and at different times, but corporately and
unanimously. …
13
[§ 22] The colleagues, on the basis of this right ( jus) 14 that is accepted by their common consent, can be fined whenever they
commit anything against the laws ( leges) of the collegium. Whence it comes about that one of the colleagues may exercise
coercion over individuals, but not over the group itself. These fines are paid into the common chest or treasury of the collegium.
[§ 23] Mutual benevolence is that affection and love of individuals toward their colleagues because of which they harmoniously
will and “nill” on behalf of the common utility. This benevolence is nourished, sustained, and conserved by public banquets,
entertainments, and love feasts.
[§ 24] The types of collegia vary according to the circumstance of persons, crafts and functions. Today there are collegia of
bakers, tailors, builders, merchants, coiners of money, as well as philosophers, theologians, government officials, and others that
every city needs for the proper functioning of its social life. Some of these collegia are ecclesiastical and sacred, instituted for
the sake of divine things; others are secular and profane, instituted for the sake of human things. The first are collegia of
theologians and philosophers. The second are collegia of magistrates and judges, and of various craftsmen, merchants, and rural
folk. The collegia of magistrates are of particular importance because by their public power ( jus potestatis) they set bounds for
each and every other collegium. …
15
‡
[§ 30] At the present time in many places the people of a provincial city, realm, or polity, by reason of their occupation or kind
and diversity of organized life, customarily distributed in three orders, estates, or larger general collegia ( generalia majora
collegia). The first is of clergymen, the second of nobility, and the third of the people or plebs, including scholars, farmers,
merchants, and craftsmen. Such general collegia and bodies contain within them smaller special collegia
( specialia minora collegia). Such are the particularly important collegia of judges and magistrates, the collegia of ministers of the
church, and the collegia of various workers and merchants necessary and useful in social life, which we will discuss later. …
16
Endnotes
[1] [A parallel, though briefer, discussion by Althusius of the collegium is found in a chapter entitled “Men United By Their Own
Consent” in his major work on jurisprudence, Dicaelogica, I, 8.]
http://oll.libertyfund.org/Home3/EBook.php?recordID=0002
Page 38 of 132