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

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the change of individual persons, for it is perpetuated by the substitution of others. [§ 4] Men assembled without symbiotic
right ( jus symbioticum) are a crowd, gathering, multitude, assemblage, throng, or people. The larger this association, and the
more types of association contained within it, the more need it has of resources and aids to maintain self-sufficiency as much in
soul as in body and life, and the greater does it require good order, proper discipline, and communication of things and services.
[§ 5] Political order in general is the right and power of communicating and participating in useful and necessary matters that
are brought to the life of the organized body by its associated members. It can be called the public symbiotic right. [§ 6] This
public symbiotic association is either particular or universal. The particular association is encompassed by fixed and definite
localities within which its rights are communicated. [§ 7] In turn, it is either a community ( universitas) 2 or a province.
[§ 8] The community is an association formed by fixed laws and composed of many families and collegia living in the same
place. It is elsewhere called a city ( civitas) in the broadest sense, or a body of many and diverse associations. Nicolaus Losaeus
defines it as “a coming together under one special name of many bodies each distinct from the other.”
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[ § 9 ] It is called a
representational person
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and represents men collectively, not individually. Strictly speaking, however, the community is not
known by the designation of person, but it takes the place of a person when legitimately convoked and congregated.
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[§ 10] The members of a community are private and diverse associations of families and collegia, not the individual members
of private associations. These persons, by their coming together, now become not spouses, kinsmen, and colleagues, but citizens
of the same community. Thus passing from the private symbiotic relationship, they unite in the one body of a
community. [§ 11] Differing from citizens, however, are foreigners, outsiders, aliens, and strangers whose duty it is to mind
their own business, make no strange inquiries, not even to be curious in a foreign commonwealth, but to adapt themselves, as
far as good conscience permits, to the customs of the place and city where they live in order that they may not be a scandal to
others.
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…
[§ 22] The superior is the prefect of the community appointed by the consent of the citizens. He directs the business of the
community, and governs on behalf of its welfare and advantage, exercising authority ( jus) over the individuals but not over the
citizens collectively. [§ 23] An oath of fidelity to certain articles in which the functions of this office are contained stands as a
surety to the appointing community. From the individual citizens, in turn, is required an oath of fidelity and obedience setting
forth in certain articles the functions of the office of a good citizen.
[§ 24] Such a superior is either one or more persons who have received the prescribed power of governing by the consent of the
community. … [§ 25] And so these general administrators of the community are appointed by the city out of its general and
free power, and can even be removed from office by the city. They are therefore temporal, while the community or city may be
continuous and almost immortal.
[§ 26] The inferiors or subjects are all the remaining citizens individually and collectively who are subjects of the community, or
of those who represent it, but not of individuals as such.
[§ 27] Even though the individual persons of a community may be changed by the withdrawal or death of some superiors and
inferiors, the community itself remains. It is held to be immortal because of the continued substitution and succession of men in
place of those withdrawing.
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Whence it appears that the community is different from the individual persons of a community,
although it is often considered to be a representational and fictional person.
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[§ 28] Furthermore, this community is either rural or urban. A rural community is composed of those who cultivate the fields
and exercise rural functions. [§ 29 ] Such a community is either a hamlet, a village, or a town. [§ 30] A hamlet ( vicus) is a
settlement of a few houses situated around a small open place. … [§ 34] The superior of the hamlet is a leader who is elected
by consent of the hamlet dwellers ( vicini) and has the right of admonishing them, of calling them together, and of conducting
their common business. [§ 35] The remaining hamlet dwellers are subjects. A village ( pagus) consists of two or more hamlets
without fortifications or surrounding wall. [§ 36] The superior of the village is called the leader of the village dwellers ( pagani),
or the administrator and syndic of the village. … [§ 38] A town ( oppidum) is a larger village girded and fortified by a ditch,
stockade, or wall. … [§ 39] If very large, it is called a city according to Losaeus.
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The prefect of the town is the administrator
and leader of the town dwellers ( oppidani), and has the right of calling them together and proposing matters to them. In
common consultation with them, he also has the power of collecting their votes, of issuing and executing public decrees, of
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