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

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realm by a communicating of its fundamental laws and right of sovereignty. To the extent that they coalesce and are united into
one and the same body they become members of that one and same body. … [§ 30] A partial confederation is one in which
various realms or provinces, while reserving their rights of sovereignty, solemnly obligate themselves one to the other by a
treaty or covenant made preferably for a fixed period of time. Such a partial confederation is for the purpose of conducting
mutual defense against enemies, for extending trust and cultivating peace and friendship among themselves, and for holding
common friends and enemies, with a sharing of expenses. A commonwealth ought to be cautious in contracting and covenanting
such treaties that it not be carried along by them into unjust or disastrous activities, nor destroyed by the downfall of a
confederating ally. [§ 31] Therefore, it ought to ponder the might of the confederating ally, his faithfullness and constancy in
previous transactions, the similarity of his customs to one’s own, and the equity and honesty of the agreement among the
confederates. …
[§ 54] The universal association is also augmented by legitimate occasions and titles other than by confederation, as by
testamentary succession … by donations and gifts of others, by legitimate war, by purchase, and by the marriage of the
administrators of the commonwealth. …
[§ 55] So much for the communication of aid. We turn now to the communication of counsel, which is performed by the
members of an associated body in ecumenical and general councils within the universal association. [§ 56] These general
ecumenical councils of the realm or associated body are meetings of its assembled members in which the utility and advantage
of the commonwealth are considered, as well as common and special remedies for meeting common and particular evils, and
something is decided for the common welfare by the communication of counsel. The difficult, grave, and arduous affairs of the
realm or commonwealth are examined and determined in these general councils and assemblies of the entire universal
association. These matters are the affairs and situations of interest to the entire imperium, or polity, and its members, such as
those concerning the fundamental laws of the polity, the rights of sovereignty, the imposition of taxes and contributions, and
other things that require the common deliberation and consent of the entire polity.
[§ 57] This council or assembly is therefore the epitome of the realm or polity. All public affairs of the realm are referred to it
and, after examination and discussion by the members of the realm, decided by it. [§ 58] The right of examining, deliberating,
and coming to conclusions belongs to individual members of the realm or commonwealth. The right of deciding rests indeed in
the judgments and votes of a majority of the members. …
[§ 60] There are five reasons for these councils. First, it is equitable that what touches all ought to be acted upon by all.
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what requires the faculties, strength, aid, and enthusiasm of all ought also to be done with their common consent. When the
people has not been excluded from the handling of public affairs, there is less ill-will should a poorly launched project fail, and
the people’s benevolence and favor are retained. Second, a project can be examined better by many persons, and whatever is
needed can more easily be supplied by many because they know more and can be deceived less. Third, there are some affairs
that cannot be handled except by the people in such assemblies. Fourth, those who have great might can be contained and
corrected in office by the fear of these assemblies in which the complaints of all are freely heard. Fifth, by this means the liberty
reserved to the people flourishes, and public administrators are compelled to render account of their administration, and to
recognize the people, or the universal association, as their master by whom they have been constituted. …
Endnotes
[1]
Titus 2:12.
[2] [General right of sovereignty is common to all universal associations; special right of sovereignty is proper to each one
according to its own requirements. The former, which is the common law ( jus commune) as it pertains to the universal
association, is discussed in Chapter X; the latter, which is the proper law ( jus proprium) of the same, is discussed in Chapters XI–
XVII.]
[3]
[law.]
[4] Clemency, I, 4. [Seneca, however, ascribes these attributes not to law as such, but to the emperor as the soul and
intelligence of the people.]
[5]
Psalm 34:14; 37:27; Isaiah 1:16; I Peter 2:11 f.; Romans 7:18 ff.
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