Johannes Althusius: Politica - Hubertlerch.com - HubertLerch.com
Johannes Althusius: Politica - Hubertlerch.com - HubertLerch.com
Johannes Althusius: Politica - Hubertlerch.com - HubertLerch.com
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<strong>Althusius</strong>_0002<br />
9/10/05 4:09 PM<br />
<strong>com</strong>munity ( universitas) cannot ordinarily grant immunity from taxes except in general council. Such a privilege is either<br />
personal or real. [§ 3] A personal privilege inolves only the person to whom it is granted, and does not extend beyond his<br />
person and property to his servants, family, and so forth. [§ 4] A real privilege, on the contrary, embraces heirs, children, wife,<br />
and other related persons. … [§ 13] It is to be observed that in cases of great and extreme necessity confronting the<br />
<strong>com</strong>monwealth all immunities and privileges cease and are annulled. For the private and special benefit and good of the citizen<br />
should not be preferred to the public utility and necessity of the <strong>com</strong>monwealth. … [§ 14] Also pertaining to this right is the<br />
conferring of titles and privileges of nobility upon certain persons, such as the titles of dukes, princes, counts, and barons. These<br />
persons can be deprived of their privileges and rights and divested of their titles.<br />
33<br />
XVI<br />
[§ 1] WE HAVE THUS FAR SPOKEN of the first part of special right of sovereignty, namely, the right established to procure the<br />
material necessities of life. We turn now to the second part, which pertains to the protection of the universal association and<br />
symbiosis. By this right everything necessary for avoiding or removing all difficulties, impediments, and obstacles to the<br />
universal association, and for avoiding any troubles, dangers, evils, and injuries to any distressed or needy member of the<br />
universal association, is offered with mutual feeling and concern by each and all members thereof. This second and latter right,<br />
therefore, is principally concerned with the arrangement established for protection and defense.<br />
[§ 2] This right of protection consists in (1) aid and (2) counsel. Aid is the assistance and prompt support provided by the<br />
<strong>com</strong>munication of things and services to a distressed and needy member of this universal association. It consists, first, in defense<br />
and, then, in the care of goods belonging to the universal association. …<br />
34<br />
[§ 4] Defense is threefold. It is the safeguarding of the associated individual members when one of them—a province, city,<br />
village, or town—suffers violence and injury, or requires the <strong>com</strong>monwealth’s support for its basic interests and needs. It is,<br />
furthermore, the guaranty of free passage and public security against those who disturb, plunder, or restrict <strong>com</strong>mercial activity<br />
in the territory of the associated body. It is, finally, the conduct of war. … [§ 17] Just cause for waging war occurs when all<br />
other remedies have first been exhausted and peace or justice cannot otherwise be obtained. There are seven just causes for<br />
declaring and waging war. The first cause is the recovery of things taken away through violence by another people. The second<br />
cause is the defense against violence inflicted by another, and the repulsion of it. The third cause is the necessity for preserving<br />
liberty, privileges, rights, peace, and tranquillity, and for defending true religion. The fourth cause occurs when a foreign people<br />
deny peaceful transit through its province without good reason. The fifth cause occurs when subjects rise up against their prince<br />
and lord, do not fulfill their pledged word, and are not willing to obey him, although they have been admonished many times.<br />
The sixth reason is contumacy, which occurs when any prince, lord, or city has so contemptuously and repeatedly scorned the<br />
decisions of courts that justice cannot otherwise be administered and defended. The seventh just cause of war occurs when<br />
agreements are not implemented by the other party, when he does not keep his promises, and when tyranny is practiced upon<br />
subjects. …<br />
35<br />
XVII<br />
[§ 2] THE CARE OF GOODS of the <strong>com</strong>monwealth or associated body is twofold. First, it is the diligent and faithful conservation of<br />
those things necessary and useful to the <strong>com</strong>monwealth. Secondly, it is their augmentation and extension. This conservation is<br />
either of movable or immovable goods of the <strong>com</strong>monwealth. [§ 3] The care and management of movable goods centers in the<br />
treasury and other buildings. Monies are managed in the treasury; other goods, namely armaments, grain reserves, and<br />
documents and chronicles are provided for in other buildings. …<br />
36<br />
[§ 14] The care and inspection of immovable goods<br />
belonging to the realm are <strong>com</strong>mitted to designated curators by the will and agreement of the universal association. … [§<br />
15] Such goods are navigable rivers of the realm, harbors, public roads, public pastures, and so forth. …<br />
[§ 24] The augmentation and extension of the goods of the associated body is ac<strong>com</strong>plished through confederation or<br />
association with others, or through other legitimate means and titles. [§ 25] In such a confederation other realms, provinces,<br />
cities, villages, or towns are received into and associated with the <strong>com</strong>munion and society of the one body. By their admission,<br />
the body of the universal association is extended, and made stronger and more secure. This cannot be done, however, without<br />
the consent and authority of the body and its administrators. … [§ 26] Such confederation with a foreign people or another body<br />
is either <strong>com</strong>plete or partial. [§ 27] A <strong>com</strong>plete confederation is one in which a foreign realm, province, or any other universal<br />
association, together with its inhabitants, are fully and integrally coopted and admitted into the right and <strong>com</strong>munion of the<br />
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