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

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The ephors, by the communication of their strength, abilities, labors and counsels, make the king strong and wise. They defend
him against all perils and difficulties, and conserve the healthy, well-ordered, and well-guarded condition of the commonwealth.
If the prince engages in dissensions and hostilities against them, from whom can he expect aid, counsel, and defense? And
furthermore, how can an association and polity exist in which private persons oppose themselves to these orders, and reject their
curators and defenders? [§ 56] For the people has committed itself to these ephors for safety, and transferred all its actions to
them, so that what the ephors do is understood to be the action of the entire people. The people does this because of utility and
necessity. For it would be most difficult, as Diego Covarruvias says,
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to require individual votes of all citizens and parts of a
commonwealth. For this reason it is agreed that the multitude of the plebs so conducts its public transactions through its
optimates that these transactions are accomplished safely and without tumults or seditions in the commonwealth. The votes,
therefore, of these optimates are determined according to the same law by which the consensus of all citizens, which they
represent, is determined. And therefore it is rightly said that “inhabitants are understood to decide what these persons decide to
whom the supreme responsibility of the public weal has been entrusted,”
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and that what they do through them is regarded as if
it had been done by them all and to pertain to all.
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[§ 57] For this reason, Covarruvias says that the seven princes of the Germans, upon whom has been conferred the
responsibility for the election of the emperor of the Christian world, jointly represent the people itself and the Christian
community that is governed by this emperor. They employ its delegated power, and act in its place in this election. Whence it
happens, he says, that the election of the emperor belongs to the seven electors as a collegium, not as individuals. …
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[§ 59] These ephors are elected and constituted by the consent of the entire people. This consent is given by tribes, by centurial
or curial divisions, by individuals, or by lot, according to the nature and custom of each realm. In other words, ephors are
constituted by the votes of the entire people collected through the centuries, tribes, or collegia in which the people has been
distributed, or, as I say, through the votes and divisions of individuals, or by lot. … Sometimes even the prince, supreme
magistrate, or optimates have the power of electing an ephor, or of substituting another in place of one who has died. They do
this by the favor and concession of the people.
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The nomination and establishment of an ephor is correctly considered to be
among the royal functions when the administration of this function has been conceded to the prince by the people or universal
association.
[§ 60] Those persons should be elected ephors who have great might and wealth, because it is in their interest that the
commonwealth be healthy, and they will act as custodians of the public welfare with greater love, concern, and care. A few
should be elected from the many. For nothing is more useful in avoiding civil wars and factions of seditious men than to take
away from the multitude the creation of magistrates and princes, and to impart it to a very few.
[§ 61] These elected ephors pledge themselves to care for the utility of the realm, commonwealth, or universal association, and
to perform faithfully and diligently the functions of the office entrusted to them.… [§ 62] The collegium of ephors proceeds with
all things according to the regular procedure of office, and decides these things through majority vote. And therefore the election
of the magistrate pertains to it as a collegium, not as individuals. The greater and more powerful part of the people prevails in
electing the king. By this means the collegium, not individual members of the collegium, represents the universal association or
polity. This collegium has greater power and authority than the supreme magistrate, as all the sounder political theorists, jurists,
and theologians teach.
[§ 63] THE DUTIES OF THESE EPHORS are principally contained under five headings. The first duty is that they constitute the
general and supreme magistrate. The second is that they contain him within the limits and bounds of his office, and serve as
custodians, defenders, and vindicators of liberty and other rights that the people has not transferred to the supreme magistrate,
but reserved to itself. The third is that in time of interregnum, or of an incapacitated administration of the commonwealth, the
ephors become a trustee for the supreme magistrate and undertake the administration of the commonwealth until another
supreme magistrate is elected. The fourth is that they remove a tyrannical supreme magistrate. The fifth is that they defend the
supreme magistrate and his rights. Each and all of these duties are considered to be entrusted to the ephors for execution, who
are not able to fulfill their office except by them.
[§ 64] The first duty of the ephors is to constitute the supreme magistrate and rector of the universal association. For this task
the ephors have received public power and authority from the united people of the universal association that they may elect such
a rector and administrator in its name. This matter is discussed more filly in the next chapter.
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