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

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that might leads to over-confidence, over-confidence to folly, folly to contempt, contempt to the weakening of authority, and so
to the loss of imperium. Might also leads to wealth, wealth to the pursuit of sensual pleasures, and so to everything corrupt.
When the might of a commonwealth grows, fortitude and virtue decline. Thus the Roman imperium was in its highest state of
authority and dignity under Augustus. Under Tiberius, however, the pursuit of sensual pleasures began, and virtue was stilled by
lust. Under Caligula, Claudius, and Nero virtue was utterly destroyed. For a while, first under Vespasian and then under Trajan
and Anthony Pius, virtue again came forth, and with it came imperial grandeur. However, soon afterwards under Domitian, who
followed Vespasian and Titus, and under Commodus, who followed Trajan and Anthony Pius, virtue once more gave way, and with
it the imperial glory.
[§ 11] From these considerations one may conclude that a commonwealth of medium size is best and steadiest. Such a
commonwealth can resist external force, and is not dominated by the corruptions I have discussed. It also labors less under
misguided affections, commotions, avarice, and ambition. As it is forced to be suspicious of the might of its neighbors, so it also
is forced to be more cautious. The Roman commonwealth is an example. When it was of medium size, it was free from many
corruptions. When it grew to a great size, however, with greater might and a larger population, as in the time of Marius, Sulla,
Pompey, and Julius Caesar, it abounded with corruptions so much that it was thrown into great calamities. But the Venetian
commonwealth, because it remains of medium size and vigorously resists willful corruptions by the severity of its laws, has
endured for the longest time, as one was also able to say of the city of Sparta.
[§ 12] SUCH ARE THE MEMBERS of the realm. Its right is the means by which the members, in order to establish good order and
the supplying of provisions throughout the territory of the realm, are associated and bound to each other as one people in one
body and under one head.
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[ § 13 ] This right of the realm ( jus regni ) is also called the right of sovereignty ( jus majestatis ).
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It
is, in other words, the right of a major state or power as contrasted with the right that is attributed to a city or a province. …
[§ 15] What we call this right of the realm has as its purpose good order, proper discipline, and the supplying of provisions in
the universal association. Towards these purposes it directs the actions of each and all of its members, and prescribes appropriate
duties for them. Therefore, the universal power of ruling ( potestas imperandi universalis) is called that which recognizes no ally,
nor any superior or equal to itself. And this supreme right of universal jurisdiction is the form and substantial essence of
sovereignty ( majestas) or, as we have called it, of a major state. When this right is taken away sovereignty perishes. …
[§ 16] The people, or the associated members of the realm, have the power ( potestas) of establishing this right of the realm
and of binding themselves to it. So Vásquez demonstrates from Bartolus and other authorities.
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And in this power of disposing,
prescribing, ordaining, administering, and constituting everything necessary and useful for the universal association is contained
the bond, soul, and vital spirit of the realm, and its autonomy, greatness, size, and authority. Without this power no realm or
universal symbiotic life can exist. [§ 17] Therefore, as long as this right thrives in the realm and rules the political body, so
long does the realm live and prosper. But if this right is taken away, the entire symbiotic life perishes, or becomes a band of
robbers and a gang of evil men, or disintegrates into many different realms or provinces.
[§ 18] This right of the realm, or right of sovereignty, does not belong to individual members, but to all members joined
together and to the entire associated body of the realm. For as universal association can be constituted not by one member, but
by all the members together, so the right is said to be the property not of individual members, but of the members jointly.
Therefore, “what is owed to the whole ( universitas) is not owed to individuals, and what the whole owes individuals do
not owe.”
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Whence it follows that the use and ownership of this right belong neither to one person nor to individual members,
but to the members of the realm jointly. By their common consent, they are able to establish and set in order matters pertaining
to it. And what they have once set in order is to be maintained and followed, unless something else pleases the common will.
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For as the whole body is related to the individual citizens, and can rule, restrain, and direct each member, so the people rules
each citizen.
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[§ 19] This power of the realm ( potestas regni), or of the associated bodies, is always one power and never many just as one
soul and not many rules in the physical body. The administrators of this power can be many, so that individuals can each take on
a share of the function of governing, but not the plenitude of power. And these individuals are not themselves in control of the
supreme power. Instead they all jointly acknowledge such a power in the consent and concord of the associated bodies. Whence
jurists have declared the rights of sovereignty and of the realm ( jura majestatis et regni) to be indivisible, incommunicable, and
interconnected, so that whoever holds one holds them all.
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Otherwise two superior entities would be established in one
imperium. But a superior entity can have no equal or greater superior. And imperium and obedience cannot be mingled. These
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