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

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realm united together exercise this right of electing collectively, not individually, unless certain ones among them hold this right
by the common consent of all. … [§ 29] In this election conducted in the name of the associated people as the mandator,
certain laws and conditions concerning subjection, and the form and manner of the future imperium, are proposed to the
prospective magistrate as the mandatory. If he accepts these laws, and swears to the people to observe them, the election is
considered firm and settled. This agreement entered into between magistrate and people is known as a mutually binding
obligation. …
[§ 30] The conditions and laws of subjection, or the form, manner, and limits of the entrusted imperium, are customarily
defined in certain articles that are publicly read and proposed by one of the ephors to the magistrate to be elected. Then this
ephor asks whether the magistrate is willing to abide by these articles in the administration of the realm, and solemnly binds his
assurances by a written oath. …
[§ 33] But if no laws or conditions have been expressed in the election, and the people has subjected itself to such a magistrate
without them, then whatever things are holy, fair, and just, and are contained in the Decalogue, are considered to have been
expressed, and the people is considered in the election to have subjected itself to the imperium of the magistrate according to
them.
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Indeed, there is no instance in which a people has conferred upon a prince the unrestrained licence to bring about its
own ruin.
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For a people when questioned could have doubtlessly responded that it had granted no power to accomplish its own
ruin. …
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[§ 35] If the people or commonwealth has conferred all its right and imperium upon the supreme magistrate, as it is said in the
Digest,
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or yields to him supreme power free from laws and without any reservation, exception, or condition, then the general
wording is to be closely interpreted according to the subject matter—to the extent that the subject matter manifestly permits—so
that whatever is the nature of imperium or reign, such is to be the interpretation of this general wording. The nature of
magistracy and imperium is that they regard the utility of subjects, not the benefit of the one who exercises the imperium, and
they administer the commonwealth according to right reason and justice. For, as Augustine says, when justice is taken away,
what are realms other than large bands of robbers?
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And so absolute power and the jurisdiction of sinning cannot be given to the
supreme magistrate. Therefore, even a concession made with the most general wording is to be interpreted in support of the
welfare and utility of the conceding people. For the mind of the conceding people was surely that which restricts and limits the
general wording. [§ 36] Indeed, the people in constituting a prince by no means intended to elect a tyrant to the ruin of itself,
or to lose the capacity to protect itself. For a prince can easily degenerate into a tyrant or do what is contrary to nature, so that
the power of the one may then be greater than the power of the whole. So even in a general mandate or concession, things are
not included that anyone would not have conceded in a special mandate, especially those things that tend toward the ruin of the
conceder, the destruction of human society, and the violation of divine law.
I add that no one can renounce the right of defense against violence and injury. And the power of correcting an errant king, which
the ephors have, has not been transferred to the king and cannot be so transferred. Nor can the supreme right in a
commonwealth be transferred, because it is by nature incommunicable, and remains with the body of the universal
association. [§ 37] Moreover, there is no power for evil or for inflicting injury. There is only power for good and for giving
support, and thus for the utility and welfare of subjects. Therefore, the power that the people has, not a power that the people
does not have, is considered to be given by this general wording. …
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[§ 39] The laws and conditions by which Charles V swore allegiance when elected emperor are recorded by Jean Sleidan.
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“1. He (Caesar) shall defend the Christian commonwealth, the pope, and the Roman church, of which he shall be the protector.
2. He shall administer law ( jus) fairly, and seek peace.
3. He shall not only confirm all the laws ( leges) of the imperium, and especially what they call the Golden Bull, but with the
counsel of the electors he shall also amplify these laws when there is need to do so.
4. He shall convene a senate chosen from Germans in the imperium, which will oversee the commonwealth.
5. He shall not in the least rescind or diminish the rights, privileges, and dignities of princes and orders of the imperium.
6. He shall permit the electors, when there is need, to convene among themselves and to deliberate concerning the
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