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

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[§ 1] THE PROMISE OF OBEDIENCE and compliance that follows the election and inauguration is the event in which the members of
the realm—or the people through its ephors, and the ephors in its name—promise their trust, obedience, compliance, and
whatever else may be necessary for the administration of the realm. This promise, which pertains to things that do not conflict
with the law of God and the right of the realm, is made to the magistrate who receives the entrusted administration of the
commonwealth, and is about to undertake his office and to rule the commonwealth piously and justly. …
[§ 5] The oath that the magistrate first swears to the subjects, and the subjects then offer to the magistrate, is properly called
a homage ( homagium) from fi , which means “at the same time” ( simul), and , which means“sacred”
( sacrum), so that, as it were, what is common, or a common oath, should be sacred. Those subjects who have upheld this oath
are called faithful.
[§ 6] Because of this trust, compliance, service, aid, and counsel that the people promises and furnishes to its supreme
magistrate, he is said to have innumerable eyes and ears, large arms, and swift feet, as if the whole people lent him its eyes,
ears, strength, and faculties for the use of the commonwealth. Whence the magistrate is called mighty, strong, rich, wise, and
aware of many things, and is said to represent the entire people. …
[§ 7] Such service and aid consist above all in works of occupational skill and in works of allegiance. Works of occupational skill
consist in material services extended and performed for the welfare and utility of the realm and magistrate according to the
function, trade, and office that each is able to perform. … [§ 10] Works of allegiance consist in obedience and reverence.
[§ 11] Obedience is the compliance that is shown to the just commands of the magistrate, and is required even if he should be
an impious or wicked man. For the life of the magistrate does not take away his office, and whoever disparages the magistrate
scorns God. … [ However, § 12] obedience is not to be extended to impious commands of the magistrate. For obedience to God
is more important than obedience to men. …
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[§ 13] Reverence is that honor, veneration, and adoration that the subject with
fear and trembling owes to the magistrate because of the lofty position to which the magistrate is elevated by God, and because
of the many and great benefits that God dispenses to us through the hand of the magistrate. Whence the deeds of the whole
realm are attributed wisely and happily to the virtue and administration of the prince, and we honor no one in preference to him.
…
[§ 19] If the people does not manifest obedience, and fails to fulfill the service and obligations promised in the election and
inauguration—in the constituting—of the supreme magistrate, then he is the punisher, even by arms and war, of this perfidy and
violation of trust, indeed, of this contumacy, rebellion, and sedition.
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[§ 20] But if the supreme magistrate does not keep his
pledged word, and fails to administer the realm according to his promise, then the realm, or the ephors and the leading men in
its name, is the punisher of this violation and broken trust. It is then conceded to the people to change and annul the earlier form
of its polity and commonwealth, and to constitute a new one.
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[§ 21] In both cases, because a proper condition of the
agreement and compact is not fulfilled, the contract is dissolved by right itself. In the first case, the prince will no longer treat
such rebels and perfidious persons as his subjects, and is no longer required to perform toward them what he has promised. In
the other case, likewise, the people, or members of the realm, will not recognize such a perfidious, perjurous, and compactbreaking
person as their magistrate, but treat him as a private person and a tyrant to whom it is no longer required to extend
obedience and other duties it promised. The magistrate loses the right to exact them justly. And it can and ought to remove him
from office. Thus Bartolus says that a legitimate magistrate is a living law, and if he is condemned by law he is condemned by
his own voice.
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But a tyrant is anything but a living law. …
Endnotes
[1]
So Joshua was constituted supreme prefect by Pharaoh (Genesis 41:43 f.), Daniel was called supreme among his colleagues
(Daniel 2:48; 5:29), and some priests were said to be supreme (Matthew 27:1, 6, 12, 20; Acts 7:1).
[2]
[Chapters XIX–XX, XXI–XXXVIII, and XXXIX respectively.]
[3]
23:3.
“Let him not turn aside from this precept.” Deuteronomy 17:20. “To be instituted for the utility of the realm.” II Samuel
[4] [ The City of God, IV, 4.]
[5] Friedrich Pruckmann, De regalibus, 3, 51; Aymon Cravetta, Consiliorum, I, cons. 241.
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