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

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Althusius_0002 9/10/05 4:09 PM can give and communicate to another what he needs and of which he cannot be deprived, any more than can you, without discomfort, and on the other hand receive from him what is necessary and useful to yourself. Indeed, peace and concord are often acquired through commercial pursuits. “They asked for peace because their country was nourished from the country of the king.” 27 … [§ 13] The second right is of money or the right of striking and engraving coins, which is established in material publicly selected by the supreme magistrate with the approval of the people or realm. … [§ 14] For if there is no fixed valuation of gold, silver, and money among men and neighboring peoples, commercial activity cannot be maintained. It follows that an uncertain monetary system throws everything into disorder, and makes intercourse and commerce with other peoples difficult. … [§ 16] The third right is the maintenance of a language, and of the same idiom of it, in the territory. The use of speech is truly necessary for men in social life, for without it no society can endure, nor can the communion of right. … [§ 17] The fourth right is the power and responsibility for assigning and distributing duties that arise in the universal association. [§ 18] A duty is an oflice imposed upon a citizen or inhabitant in a territory of the realm that he bears for the benefit of the associated body by its agreement and permission. … Such duties are of two types: real and personal. [§ 20] A double necessity is imposed upon the citizen, namely, to contribute things for the utility of the commonwealth, 28 and to provide services for rightly administering and conserving the commonwealth. 29 … [§ 23] Real duties are performed by the payment and collection of a tax. They accompany the possession of things, and are levied with reference to these things in relation to their value. Thus the inhabitant, after a declaration and appraisal of his possessions, pays something from them that is turned over to the use of the commonwealth. … 30 XII [§ 1] THERE ARE TWO TYPES of tax collections. [§ 2] One is ordinary and the other extraordinary. 31 An ordinary collection is one that by provision of law has a fixed regular payment recurring one or more times each year. It is made from the goods that the possessor and inhabitant holds in the territory of the magistrate who makes the collection, and is devoted to the ordinary and everyday use and business of the republic. … XIII [§ 1] AN EXTRAORDINARY COLLECTION or contribution is one that is declared and imposed because of the occurrence of a public necessity at a time when the public treasury composed of funds from ordinary collections is depleted. It is imposed principally upon persons, but in view of the things they have in greater or lesser measure. It prevails for a fixed time until the necessity for it has ceased. … XIV [§ 1] PERSONAL PUBLIC DUTIES of the realm or universal association are those performed in the administration of its public affair by the labor and industry of remunerated persons for the common welfare and utility of the associated bodies. The administrators of these affairs are called general officials of the polity. … [§ 2] As real duties bring together and communicate things and money for the conservation and defense of the universal association, so personal services communicate assistance, help, counsel, industry, and labor by which the benefit and utility of the association are promoted, necessities obtained, and all inconveniences avoided. Whence the supreme necessity and utility of these public duties of the realm become apparent. They are the bonds and nerves by which so great a conjunction of diverse bodies is held together and conserved, and without which it is at once dissolved and ruined. Hence we observe the worth and excellence of these public duties that accommodate even real duties to the uses of the universal association. Those who perform these duties are of two kinds. [§ 3] Some are ministers of the realm or universal association, and others are ministers of the supreme magistrate. … XV [§ 1] THE GRANTING OF PRIVILEGES 32 is the exemption for just and commendable reason of an inhabitant of the realm from the performance of some duty that other commonwealth citizens are expected to perform and communicate. [§ 2] A http://oll.libertyfund.org/Home3/EBook.php?recordID=0002 Page 62 of 132
Althusius_0002 9/10/05 4:09 PM community ( universitas) cannot ordinarily grant immunity from taxes except in general council. Such a privilege is either personal or real. [§ 3] A personal privilege inolves only the person to whom it is granted, and does not extend beyond his person and property to his servants, family, and so forth. [§ 4] A real privilege, on the contrary, embraces heirs, children, wife, and other related persons. … [§ 13] It is to be observed that in cases of great and extreme necessity confronting the commonwealth all immunities and privileges cease and are annulled. For the private and special benefit and good of the citizen should not be preferred to the public utility and necessity of the commonwealth. … [§ 14] Also pertaining to this right is the conferring of titles and privileges of nobility upon certain persons, such as the titles of dukes, princes, counts, and barons. These persons can be deprived of their privileges and rights and divested of their titles. 33 XVI [§ 1] WE HAVE THUS FAR SPOKEN of the first part of special right of sovereignty, namely, the right established to procure the material necessities of life. We turn now to the second part, which pertains to the protection of the universal association and symbiosis. By this right everything necessary for avoiding or removing all difficulties, impediments, and obstacles to the universal association, and for avoiding any troubles, dangers, evils, and injuries to any distressed or needy member of the universal association, is offered with mutual feeling and concern by each and all members thereof. This second and latter right, therefore, is principally concerned with the arrangement established for protection and defense. [§ 2] This right of protection consists in (1) aid and (2) counsel. Aid is the assistance and prompt support provided by the communication of things and services to a distressed and needy member of this universal association. It consists, first, in defense and, then, in the care of goods belonging to the universal association. … 34 [§ 4] Defense is threefold. It is the safeguarding of the associated individual members when one of them—a province, city, village, or town—suffers violence and injury, or requires the commonwealth’s support for its basic interests and needs. It is, furthermore, the guaranty of free passage and public security against those who disturb, plunder, or restrict commercial activity in the territory of the associated body. It is, finally, the conduct of war. … [§ 17] Just cause for waging war occurs when all other remedies have first been exhausted and peace or justice cannot otherwise be obtained. There are seven just causes for declaring and waging war. The first cause is the recovery of things taken away through violence by another people. The second cause is the defense against violence inflicted by another, and the repulsion of it. The third cause is the necessity for preserving liberty, privileges, rights, peace, and tranquillity, and for defending true religion. The fourth cause occurs when a foreign people deny peaceful transit through its province without good reason. The fifth cause occurs when subjects rise up against their prince and lord, do not fulfill their pledged word, and are not willing to obey him, although they have been admonished many times. The sixth reason is contumacy, which occurs when any prince, lord, or city has so contemptuously and repeatedly scorned the decisions of courts that justice cannot otherwise be administered and defended. The seventh just cause of war occurs when agreements are not implemented by the other party, when he does not keep his promises, and when tyranny is practiced upon subjects. … 35 XVII [§ 2] THE CARE OF GOODS of the commonwealth or associated body is twofold. First, it is the diligent and faithful conservation of those things necessary and useful to the commonwealth. Secondly, it is their augmentation and extension. This conservation is either of movable or immovable goods of the commonwealth. [§ 3] The care and management of movable goods centers in the treasury and other buildings. Monies are managed in the treasury; other goods, namely armaments, grain reserves, and documents and chronicles are provided for in other buildings. … 36 [§ 14] The care and inspection of immovable goods belonging to the realm are committed to designated curators by the will and agreement of the universal association. … [§ 15] Such goods are navigable rivers of the realm, harbors, public roads, public pastures, and so forth. … [§ 24] The augmentation and extension of the goods of the associated body is accomplished through confederation or association with others, or through other legitimate means and titles. [§ 25] In such a confederation other realms, provinces, cities, villages, or towns are received into and associated with the communion and society of the one body. By their admission, the body of the universal association is extended, and made stronger and more secure. This cannot be done, however, without the consent and authority of the body and its administrators. … [§ 26] Such confederation with a foreign people or another body is either complete or partial. [§ 27] A complete confederation is one in which a foreign realm, province, or any other universal association, together with its inhabitants, are fully and integrally coopted and admitted into the right and communion of the http://oll.libertyfund.org/Home3/EBook.php?recordID=0002 Page 63 of 132
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Johannes Althusius: Politica - Hubertlerch.com - HubertLerch.com

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