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

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<strong>Althusius</strong>_0002<br />

9/10/05 4:09 PM<br />

the liberty and opportunity of dissenting are provided. … [§ 64] After the votes of the individual senators have been given, the<br />

consul or leader of the senate counts the affirmative votes, as well as the negative votes if there are any, and decides by them.<br />

If the gravity of the matter so demands, however, and the majority is thought to have decided incorrectly, he may order the<br />

majority to examine and ponder the votes of the dissenting minority, and to discuss the matter anew. After further discussion<br />

and examination, he again collects the judgments of individuals, and decides on the basis of the considered votes of the majority.<br />

The dissenting minority is required to submit itself to this decision, so that the decision of the majority is declared and held as<br />

the judgment of the whole senate or consistory, and binds the entire <strong>com</strong>munity. For a consensus, when produced at the same<br />

time and place, is sufficient in those matters that pertain to persons as a group, or that are done by the many as by everyone<br />

and the group. On the other hand, a consensus of the majority is not sufficient in those matters that are done by the many as<br />

individuals. In these matters the will of the individuals is required, and it may even be separately declared at different times and<br />

places.What touches individuals ought to be approved by individuals. …<br />

15<br />

VI<br />

[§ 1] A CITY MAY BE either free, municipal, mixed, or metropolitan. [§ 2] A free city is so called because it recognizes as its<br />

immediate superior the supreme magistrate,<br />

16<br />

and is free from the rule of other princes, dukes, and counts. It is called an<br />

imperial city in the German polity, where it has been assessed contributions or special services for the realm because of the right<br />

of participation and suffrage it enjoys in the councils of the empire and its listing as a member of the empire. And no one doubts<br />

that these cities have the rights of princes within their boundaries.<br />

[§ 3] The municipal or provincial city is one that is subject to a territorial lord. It recognizes a superior other than the supreme<br />

magistrate.<br />

[§ 4] A mixed city is so called because it recognizes partly the emperor and partly a duke or count as its superior, and enjoys<br />

both imperial and provincial privileges. [§ 5] There are some cities in which dukes or counts have usurped rights, even though<br />

the territory does not actually belong to them. These cities recognize them in certain respects through fixed pacts and conditions,<br />

and evidence their liberties in others. Such are Goslar, Magdeburg, Cologne, Aachen, Erfurt, and several others.<br />

[§ 6] A metropolis is so called because it is the mother of other cities that it brings forth as colonies, or because it is preeminent<br />

among them and is recognized by them as a mother by whom they are ruled and defended as children. The metropolis is<br />

therefore a large and populous city. Other cities and towns of the realm follow its example because of its size, population, rank,<br />

houses of religion and justice, and temples of piety and law ( jus), by means of which it displays the light of religion and justice<br />

to the other cities of the realm and presents itself in an elevated place to be seen by all. It also cultivates men distinguished in<br />

piety, doctrine, and life that others are able to consult in cases of doubt and perplexity. …<br />

17<br />

[§ 15] Communication among citizens of the same <strong>com</strong>munity for the purpose of self-sufficiency and symbiosis pertains to<br />

things, services, right, and mutual concord. Whence arises this political order, or the symbiotic right ( jus symbioticum) of the<br />

city, which is called the legal order of the city ( jus civitatis ). [§ 16] And as man is said to be a microcosm, so also is a city or<br />

small <strong>com</strong>monwealth, for the <strong>com</strong>mon business of a city is conducted and managed in almost the same manner as that of a<br />

realm or province.<br />

18<br />

We will speak first about this <strong>com</strong>munication, and then about the administration of it. [§ 17] The <strong>com</strong>munication of things<br />

among the members and citizens of the same <strong>com</strong>munity, town, or village is so carried out that the things <strong>com</strong>municated by the<br />

<strong>com</strong>mon consent and covenant of each and all are set aside for the various uses of the <strong>com</strong>munity. This is done according to the<br />

manner, order, and procedure that was agreed upon and established among the members and citizens. And such <strong>com</strong>munication<br />

of things is rightly called the sinews of the city. …<br />

19<br />

[§ 28] The <strong>com</strong>munication of services among the citizens of the same <strong>com</strong>munity is the performing of functions necessary and<br />

useful to symbiosis and mutual intercourse. These are performed by one citizen for another who needs and desires them in order<br />

that love may be<strong>com</strong>e effectual through the observance of charity. … [§ 29] The <strong>com</strong>munication of such services is especially<br />

ac<strong>com</strong>plished in the execution and administration of (1) public duties and (2) private occupations necessary and useful to social<br />

life and symbiosis, the direction of which belongs to the senatorial collegium.<br />

The administrators of public duties are those who expedite the public functions of the <strong>com</strong>monwealth or city, both political and<br />

http://oll.libertyfund.org/Home3/EBook.php?recordID=0002<br />

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