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

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[§ 43] The reason for refusing obedience to these administrators, as well as for denying absolute power to them, is their
general and special vocation in which as Christian men they promised otherwise to God in baptism, which they are bound to
fulfill. Moreover, administrators do not themselves have such great power, for no one gave them the power and jurisdiction to
commit sin. Nor did the commonwealth, in constituting administrators for itself, deprive itself of the means of self-protection,
and thus expose itself to the plundering of administrators. Besides, whatever power the people did not have it could not transfer
to its administrators. Therefore, whatever power and right the administrators did not receive from the people, they do not have,
they cannot exercise over the people, nor ought they to be able to do so. Finally, the wickedness of administrators cannot abolish
or diminish the imperium and might of God, nor release the administrators from the same. For the power and jurisdiction of God
are infinite. He created heaven and earth, and is rightly lord and proprietor of them. [§ 44] All who inhabit the earth are truly
tenants, vassals, lessees, clients, and beneficiaries of his. “The earth is the Lord’s and the fulness thereof,
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and is so by the
right of creation and conservation. God is therefore called “King of kings and Lord of lords.” …
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[§ 47] We require love and ability in these administrators and directors. We require love toward the association that is
committed to them so that all its hardships may be lighter; and we require ability of governing and administering so that the
commonwealth may not suffer damage by the deficiency of administrative competence. An abundance of good counselors,
however, can serve as a supplement in meeting this latter requirement.
[§ 48] are of two kinds: the ephors and the supreme magistrate.
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ADMINISTRATORS OF THIS UNIVERSAL ASSOCIATION
Ephors are the
representatives of the commonwealth or universal association to whom, by the consent of the people associated in a political
body, the supreme responsibility has been entrusted for employing its power and right in constituting the supreme magistrate and
in assisting him with aid and counsel in the activities of the associated body. They also employ its power and right in restraining
and impeding his freedom in undertakings that are wicked and ruinous to the commonwealth, in containing him within the limits
of his office, and finally in fully providing and caring for the commonwealth that it not suffer anything detrimental by the
supreme magistrate’s private attachments, hatreds, deeds, negligence, or inactivity.
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[§ 49] These ephors, by reason of their excellence and the office entrusted to them, are called by others patricians, elders,
princes, estates, first citizens of the realm, officials of the realm, protectors of the covenant entered into between the supreme
magistrate and the people, custodians and defenders of justice and law ( jus) to which they subject the supreme magistrate and
compel him to obey, censors of the supreme magistrate, inspectors, counselors of the realm, censors of royal honor, and brothers
of the supreme magistrate.
[§ 50] From these things it is apparent that ephors, as the critical supporters and upholders of the universal society or realm,
are the means by which it is sustained and conserved during times of interregnum and peril, or when the magistrate is incapable
of exercising imperium, or when he abuses his power, as Botero says.
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They do this in order that the commonwealth may not
become exposed to dangers, revolutions, tumults, seditions, and treacheries, or occupied by enemies. [§ 51] For the ephors
establish the head of the political body, and subject the king or supreme magistrate to law ( lex) and justice. They establish the
law, or God, as lord and emperor when the king rejects and throws off the yoke and imperium of law and of God, and ceasing as
a minister of God, makes himself an instrument of the devil. These ephors, together with the supreme magistrate, are said to
carry the weight and burden of the people.
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[§ 52] In the Golden Bull of Emperor Charles IV the electors, who are the general ephors of the German imperium and realm,
are called the bases and pillars of the German imperium, and a part of the body of Caesar. … [§ 53] Other realms also
recognize such ephors, and have been more enduring and fortunate for that reason. Among them are the Persian, Greek, Roman,
French, British, Danish, and Polish imperia.
[§ 54] It is the nature of polities that they degenerate easily, nay, that they are even transformed in nature and pass from one
type to another, unless custodians are appointed in them by whom their administrators and kings are curbed and held within
limits, and by whom the petulance, license, insolence, luxury, and pride of kings are restrained. Whence polities have often been
freed from their greatest dangers and disorders by these ephors and orders. [§ 55] For the ephors either abolish or overcome
the wicked actions or tyranny of the supreme magistrate. They also compensate for his sloth by their own vigilance and diligence,
and fully provide and make sure that the commonwealth does not suffer anything to its detriment by the actions of the king.
Unless the ephors have done all this, they themselves are held liable and are rightly said to be betrayers of the commonwealth,
especially when they secretly conspire or connive in the wicked and impious actions of the king.
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