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

Althusius_0002
9/10/05 4:09 PM
announced convocation, it loses the right of deliberating and deciding upon the proposed questions; and the things that are
decided by those present, and confirmed by the head of the province, are directed to be carried out with reference to it, no less
than if it were present and consented to them.
29
[§ 70] When, however, there are differing votes, opinions, and judgments of
the colleagues or orders present, the decision may be made according to the judgments of the more numerous or larger part in
the things that concern all orders together, but not in those that concern them separately. …
30
[§ 88] Today heads of provinces in German policy are of two kinds. Some are subject to the emperor or caesar immediately,
others mediately. … [§ 91] The first kind of head is required to render an account of his administration directly to the emperor
or supreme magistrate of the empire. If under the appearance of duty, he is cruelly misusing his power over subjects, or is
practicing tyranny, the emperor can remove him and deprive him of his conceded jurisdiction.
31
The second kind of head is
required to render an account of his administration to his prince, by whom he is judged and punished if he is treating his
provincial subjects tyrannically or cruelly. [§ 92] Wherefore, if the head of such a province does not protect his subjects in time
of need, or refuses to support them, they can submit themselves to another.
32
Endnotes
[1] [This discussion of the province as a distinct type of association is missing in the first edition of 1603. In that edition there
are only four types of association (family collegium, city, and commonwealth), and the province is considered for the most part
to be an administrative unit of the commonwealth.]
[2]
[3]
[4]
[legal order.]
[laws.]
John 17:3.
[5] [ Institutes I, 1, 3: Digest I, 1, 10, 1; Matthew 7:12; Luke 6:31.]
[6]
[Here follows a long discussion of executive functions and occupations, after which there is a brief restatement of the seven
other general public duties. Especially noteworthy is the observation that “the female sex does not bar one from office when the
function is suitable to the sex.” Althusius acknowledges, however, that the following writers disagree with him:
Petrus Gregorius, De republica, VII, 11; Lambert Daneau, Politices christianae, VI, 3; Melchior Junius, Politicarum quaestionum,
I, quest. 13; Justus Lipsius, Politicorum sive civilis doctrinae, II, 3; Jean Bodin, The Commonweale, VI, 5.
Also to be noted is his suggestion that the best persons for high office in the province are to be found among the middle class,
“for these persons do not aspire after what is alien, nor are they envious of the goods of others.” ]
[7] [ majora collegia: as distinguished from minora collegia. See page 38. ]
[8]
Exodus 18: 17–25. [ “Moses’ father-in-law said to him, ‘What you are doing is not good. You and the people with you will
wear yourselves out, for the thing is too heavy for you; you are not able to perform it alone. Listen now to my voice; I will give
you counsel, and God be with you! … Choose able men from all the people, such as fear God, men who are trustworthy and who
hate a bribe; and place such men over the people as rulers of thousands, of hundreds, of fifties, and of tens. And let them judge
the people at all times; every great matter they shall bring to you, but any small matter they shall decide themselves; so it will
be easier for you, and they will bear the burden with you. If you do this, and God so commands you, then you will be able to
endure, and all this people also will go to their place in peace!’ ” R.S.V.] See also Deuteronomy 1:13-18; II Chronicles 19;
Numbers 11.
[9] Also see II Chronicles 19:5–11, where Jehoshaphat appointed some prefects for civil matters and others for ecclesiastical
matters.
[10] [The ensuing discussion of the ecclesiastical order draws especially upon John Calvin, Institutes of the Christian Religion,
and “Draft Ecclesiastical Ordinances”; Franciscus Junius, Commentarii and Ecclesiastica; Wilhelm Zepper, De politia ecclesiastica;
Benedict Aretius, Problemata theologica; Jerome Zanchius, De redemption; and Novel CXXIII.]
[11]
[Althusius says that the Apostle Paul called the presbytery a senate, that Christ called it a church “because it represents
the whole church,” that the Jews in the Old Testament named it a synagogue, and that in his own times it was often called a
http://oll.libertyfund.org/Home3/EBook.php?recordID=0002
Page 51 of 132