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POLITICA (1614)
JOHANNES ALTHUSIUS
(1557–1638)
In Three Web Pages - Page Two
Introduction - Foreword and Chapters One to Six
JOHANNES ALTHUSIUS VII-VIII
The communion of right is the process whereby
everything that nourishes and conserves a
pious and just life among the provincial
symbiotes is procured by individuals and
province alike for the need and use of the
province. This is done through the offering
and communication of functions and goods.
…
[§ 4] The functions of the provincial symbiotes
are either holy or civil. Holy functions
concern those that are necessary for living
and cultivating a pious life in the provincial
association and symbiosis. [§ 5] A pious
life requires a correct understanding of
God and a sincere worship of him. [§ 6] A
correct understanding of God is obtained
from sacred scripture and from articles of
faith. “This is eternal life, that they know
thee the only true God, and Jesus Christ
whom thou hast sent.” 4 A correct worship
of God is derived from those rules and examples
of the divine word that declare and illustrate
love toward God and charity toward men.
[§ 7] True and correct worship of God is
either private or public. Private and internal
worship consists of the expression of confidence,
adoration, and thankfulness, the first precept
of the Decalogue. Private and external worship
consists of rites and actions that revere
God, the second precept, or of words that
do the same, the third precept. Public worship
of God consists of holy observance of the
Sabbath by corporate public celebration,
the fourth precept.
[§ 8] Civil functions are those that maintain
a just life in the provincial association
and symbiosis. Whence they include everything
that pertains to the exercise of social life.
The symbiote is expected to perform those
duties of love by which he renders to each
his due, and does not do to his fellow symbiote
what he does not wish done to himself. 5
Rather he loves him as himself, and abstains
from evil.
[§ 9] The duties of justice to the neighbor
are either special or general. Special duties
are those that bind superiors and inferiors
together, so that the symbiote truly attributes
honor and eminence by word and deed to whomever
they are due, and abstains from all mean
opinion of such persons, the fifth precept
of the Decalogue. [§ 10] General duties are
those every symbiote is obligated to perform
toward every other symbiote. They consist
of defending and preserving from all injury
the lives of one’s neighbor and oneself,
the sixth precept; of guarding by thought,
word, and deed one’s own chastity and that
of the fellow symbiote, without any lewdness
or fornication, the seventh precept; of defending
and preserving the resources and goods of
the fellow symbiote, and of not stealing,
injuring, or reducing them, the eighth precept;
of defending and preserving one’s own reputation
and that of one’s neighbor, and of not neglecting
them in any manner, the ninth precept; and
of avoiding a concupiscent disposition toward
those things that belong to our neighbor,
and of seeking instead satisfaction and pleasure
in those things that are ours and tend to
the glory of God, the tenth precept.
[§ 11] The practice of provincial political
justice is twofold. First, individual symbiotes
manifest and communicate the duties of love
reciprocally among themselves, according
to special means, person, place, and other
circumstances. Second, the provincials as
a group and as individual inhabitants of
the province uphold and communicate the duties
of both tables of the Decalogue for the sake
of the welfare of the provincial association.
The former are the private and special practice
among the provincials, and the latter are
the public and general practice.
[§ 12] These latter general duties are performed
by the common consent of the provincial symbiotes.
They are (1) the executive functions and
occupations necessary and useful to the provincial
association; (2) the distribution of punishments
and rewards by which discipline is preserved
in the province; (3) the provision for provincial
security; (4) the mutual defense of the provincials
against force and violence, the avoidance
of inconveniences, and the provision for
support, help, and counsel; (5) the collection
and distribution of monies for public needs
and uses of the province; (6) the support
of commercial activity; (7) the use of the
same language and money; and (8) the care
of public goods of the province. … 6
VIII
[§ 2] The members of the province are its
orders and estates, as they are called, or
larger collegia. 7 The provincials have been
distributed in these orders and estates according
to the class and diversity of life they have
organized in keeping with their profession,
vocation, and activity. Therefore, when ecclesiastical
and civil functions of the province are under
consideration, each estate or order can center
its attention upon the operation of the provincial
right and business among men of its own class,
provided it does not usurp and exercise the
ordinary jurisdiction. In Germany they are
called die Stende der Landschaft .
[§ 3] The reason for these estates is that
they are necessary and useful to the province,
as Jethro, the father-in-law of Moses, declares.
8 For no one can be sufficient and equal
to the task of administering such various,
diverse, and extensive public business of
a province unless in part of the burden he
avails himself of skilled, wise, and brave
persons from each class of men. … Indeed,
by this arrangement certain traces of liberty
are retained by the provincials, for each
and all see themselves admitted to the administration
of public matters. Whence love, benevolence,
and common concern are fostered among the
provincials when all know that a precise
care is exercised for individuals and groups
in each class of life, and that their requests
for the procurement of necessary and useful
things for social life, and for the avoidance
of inconvenience and harm, will be heard,
and remedies will be sought, even to the
extent of aid against those who are more
powerful or who disturb the public peace.
[§ 4] The provincial order or estate maybe
either sacred and ecclesiastical, or secular
and civil. In Germany they are known as der
Geistliche und Weltliche Stand. 9 [§ 5] These
orders, together with the provincial head,
represent the entire province. All weightier
matters are guided by their counsel, and
the welfare of the commonwealth is entrusted
to them. They admonish the head of the province
when he errs, correct the abuse of his power,
and punish his seducers and base flatterers.
[§ 6] A collegium of pious, learned, and
most weighty men from the collegia of provincial
clergymen, elected and commissioned by common
consent, represents the sacred and ecclesiastical
order. 10 Entrusted to this collegium is
the examination and care of doctrine, of
public reverence and divine worship, of schools,
of ecclesiastical goods, and of the poor.
Indeed, the care of all ecclesiastical business
and of the holy life in the entire province
is entrusted to it in order that all the
saints may unite for a common ministry, and
constitute one mystical body. …Whence these
ecclesiastical colleagues are called bishops,
inspectors, rectors, and leaders of provincial
ecclesiastical matters. …
[§ 7] The care of religion and divine worship
obligates these inspectors to inquire and
discover whether the doctrine of God and
of our salvation is rightly and publicly
taught in the entire province and the parts
thereof, and whether God is truly, sincerely,
freely, and publicly worshipped according
to his Word by everyone in the entire province.
At opportune times, they are obligated to
remove corruptions, idolatries, superstitions,
atheisms, heresies, and seeds of schism,
that nothing in any way detrimental to pure
religion may be undertaken, and that the
life of the church and the functions of religion
may be administered well.
[§ 8] Because the ecclesiastical order of
the province cannot properly discharge and
fulfill this office entrusted to it throughout
the province without the aid and ministry
of others, its first responsibility is therefore
to divide the province into districts and
to require that each district have a well-constituted
presbytery. … [§ 9] A district is a union
of many neighboring villages, towns, and
cities of the same province for the purpose
of maintaining the public expression of divine
worship. [§ 10] It is a communion separated
from others in spiritual matters. The presbytery
is a collegium of pious and weighty men elected
by the district. It is entrusted by the district
church with the care and administration of
ecclesiastical things and functions. It represents
the district, and presides over it in the
communion of spiritual and temporal things
necessary for building up and conserving
the church. It administers and provides these
things in the Lord without usurping lordship
for the clergy. … 11
[§ 12] The presbytery, or ecclesiastical
senate, contains two kinds of men. The first
are pastors or ministers of the word to whose
labors in preaching and teaching are entrusted
the ministry of reconciliation. The second
are presbyters and deacons to whom is assigned
the administration of ecclesiastical things—that
is, the administration of things other than
the word and sacraments—for holding the saints
together, for the work of the ministry, and
for building up the body of Christ. In other
places, however, all those serving the church
in general are called presbyters. [§ 13]
Pastors and ministers of the Word are chiefly
concerned with those things that pertain
to bringing forth and sustaining faith in
Christ, that is, to administering the Word,
prayers, and sacraments in the body of the
faithful. [§ 14] Upon the presbyters rests
especially the care of those things that
have been instituted for arousing repentance
in the brethren and for conserving discipline.
Therefore, together with bishops, who are
properly called presbyters, they preside
over the censorship of morals. Their office
is also to observe that ministers perform
their duties, and to disclose errors, schisms,
scandals, and public necessities to the ministers
for the purpose of producing prayers and
repentance. [§ 15] Deacons are superintendents
who dispense alms on behalf of the church,
and carry out its responsibility to the poor.
They especially handle those things that
pertain to charity, and bear the responsibility
for ecclesiastical goods.
[§ 16] Collectively, the ministers, presbyters,
and deacons, or the entire collegium and
presbytery, care for and manage the things
that pertain to the communion of the saints
throughout the entire district. These things
are (1) the defense and promotion of the
truth of the heavenly doctrine; (2) the calling
of ministers of the Word; (3) the censorship
of morals; (4) schools for children and youth;
(5) the integrity of rituals and ceremonies
in the church of God; (6) structure and good
order; (7) the manner and time of holding
meetings; (8) the prayers, exhortations,
and sacraments of the church; (9) the evidence
of reformation, as well as the punishment
that brings about, cultivates, and preserves
holiness and peace; and (10) the diaconate
and the administration of alms. Concerning
these things of the church, the ministers,
presbyters and deacons come together, deliberate,
and decide among themselves in their own
meeting. For the exercise and discharge of
this task, the presbytery receives from God
the power of the keys by which the kingdom
of heaven opens and closes. …
[§ 18] Three steps are to be considered in
the election of the minister; nomination,
approval, and confirmation. [§ 19] The presbytery
nominates a person to be a minister whom
orthodox pastors of the church have examined,
both for sound and orthodox doctrine and
for adequate erudition in the sacred writings,
and have judged fit and qualified for teaching
the people. Their judgment is based on a
twofold examination that involves, first,
questions and responses and, then, a public
discourse by the candidate.
[§ 20] The approval of the minister belongs
to the membership of the church. Before the
candidate is approved, it investigates and
examines his life. “Let them first be investigated”
according to the qualities and gifts the
Apostle Paul recommends for such a ministry,
“and then let them serve.” 12 [§ 21] When
these steps have been completed, the presbytery
presents the candidate to the appointed magistrate.
If the magistrate rejects the candidate for
just reasons, the presbytery proceeds with
a new election. If he approves, a proclamation
is made at public worship on the Lord’s Day
in which all are admonished that, if they
know anything against the life or doctrine
of the candidate, they disclose it within
a prescribed time to someone in the magistracy
or presbytery. Those who remain silent and
do not contradict this call to the ministry
are understood to be consenting to the things
that come to pass. If a church by a majority
vote objects, the presbytery then proceeds
to a new election.
The confirmation of the one who has been
called, examined in doctrine and life, and
approved for the ministry is carried out
in the following manner. On the Lord’s Day
the one who has been called is brought before
the entire church after public worship. The
church acknowledges his calling and ministry,
and in its presence he is reminded of the
parts of his office. Then prayers are publicly
offered for him by the church. Confirmation
in former times was concluded by the external
sign of the imposition of hands, and is so
considered today in certain places. Calvin
demonstrates that the primitive church elected
its clerical ministers, and brought those
who were to be confirmed to the magistrate,
who ordered the acts of the presbytery to
be established and made firm by his own authority.
13 In some churches the minister thus confirmed
afterwards takes an oath to the magistrate
that he will faithfully and diligently perform
the office laid upon him.
The church of Geneva and other reformed churches
observe this form for the calling of a minister.
[§ 22] The same form is to be followed in
calling presbyters and deacons, except that
they are not publicly brought before the
church, nor examined by it. 14
[§ 23] In the censorship of morals and discipline
that pertains to the presbyterial collegium,
individual presbyters inquire about the doctrine,
morals, and character of the individual members
of the church. All are guardians or protectors
of the laws of Christ to others and do everything
with a spirit of gentleness and charity that
they judge to be proper for the correction
of individuals and the good of the entire
church. By this means the lives of individuals
may respond to the Christian profession,
and scandals may be prevented or removed.
Thus the name of God is not injuriously heard
among others because of the wicked lives
of Christians. To the contrary, upon hearing
our pious and upright conversation they may
praise and glorify God. [§ 24] This ecclesiastical
censorship and discipline entrusted to the
presbytery is called the power of the keys.
…
The visitation of the parish and its churches
relates to this censorship. Persons commissioned
by the magistrate from the presbytery visit
individual churches of the province at fixed
times and, holding an inquiry, examine whether
the pastor of the church employs any new
kind of teaching contrary to the orthodox
doctrine, whether he teaches in an edifying
manner, whether he performs his office correctly,
and whether he lives an honest life. Upon
returning from their visitation, those so
commissioned report to the magistrate everything
that needs correction and demands a remedy
from him. …
[§ 27] The ministers of the church preside
alternately over this collegium or presbytery
for sacred prayers, good counsels, and salutary
admonitions. 15 Those who preside propose
matters to the collegium, request, collect,
and announce decisions of their fellow ministers
and presbyterial colleagues, inquire and
respond in the name of the collegium, govern
every action by its authority, and carry
out what is decreed by common counsel, no
less than occurs in secular collegia. 16
Whence those who so guide are called governors.
[§ 28] Decisions are reached in the deliberations
of the presbytery not by the judgments of
the majority, but by those judgments that
agree with the Word of God. Therefore, votes
are not so much counted as weighed and examined
with the Word of God as a touchstone and
norm. …
[§ 31] It is evident from selected passages
of scripture that the care and administration
of ecclesiastical things and functions belong
not to the secular magistrate, but to the
collegium of these presbyters. … 17 [§ 32]
To this administration even the magistrate
is subject with respect to warnings, censures,
and other things necessary for the welfare
of the soul. 18 Therefore, the guidance of
the ministerium, and obedience to it, are
commended to each and every person. Sacred
and secular duties are distinct, and ought
not to be confused. For each demands the
whole man.
[§ 33] Many districts of an extensive and
populous city, or of a province, together
with their presbyteries, constitute a diocese
with its assembly of many churches. The more
serious controversies and questions concerning
doctrine and church matters that cannot be
decided by a presbytery are referred to this
assembly for decision. [§ 34] The one who presides over a diocese is
called a bishop or inspector. The other ministers
of the same diocese hold him responsible
for the faithful performance of his office.
The inspector of more than one diocese is
called a co-bishop. [§ 35] Some of these
dioceses are larger, some smaller, depending
upon the size of the province and the density
of population. The presiding officers and
co-bishops of many dioceses constitute the
collegium of the ecclesiastical order, as
we have said, over which he who presides
is called an archbishop or general superintendent
of the province. [§ 36] An assembly from
all districts of the province constitutes
a provincial synod.
[§ 37] The ecclesiastical order of the province
will observe, investigate, and examine all
dioceses therein, and all districts of every
diocese, that they do their duty. This will
be accomplished by means of organized visitations
three, four, or more times each year, or
as often as needed. [§ 38] In these visitations
the ecclesiastical order will institute an
inquiry and examination, first, concerning
the doctrine and life of the presbyters and,
then, concerning anything else that may require
correction. And it will request the aid of
the magistrate, whose duty it will call forth
in these matters and who will have deputies
for this purpose, that remedies may be sought
for those circumstances needing correction,
and that nothing may be lacking for the true
worship of God nor remain as an impediment
thereto. …
[§ 40] The secular order of the province
is assigned, with the consent of the provincial
members, the responsibility for the body,
food, clothing, and other things that pertain
to this life. It observes whether there is
any need for remedy, aid, or amendment in
political matters relating to the second
table of the Decalogue. It does this in order
that advantages to the province may be provided,
and disadvantages to the provincial members
avoided. In Germany it is called der Weltliche
Stand.
This secular and political order is twofold.
It includes the nobility (ordo nobilitatis)
and the commons (ordo plebeius), the latter
of which embraces the inhabitants both of
cities and of country villages. Whence there
are three secular estates: the nobility (status
nobilitatis), the burghers (status civitatum),
and the agrarians (status agrariorum). In
Germany they are called der Ritterstand,
der Stättestand, und der Hausmansoder Baurenstand.
Some provinces do not recognize the third
order of agrarians. 19 Most Belgian provinces—Holland,
Zeeland, West Friesland, North Brabant, and
Groningen—have two estates or orders, the
nobility and the burghers. Nor do they recognize
the ecclesiastical order. But I would consider
the diversity of affairs to require the experience
in their duties of agrarians, so that this
order should be recognized.
[§ 41] The order of the nobility is constituted
principally for defense, for repelling and
driving force and violence away from the
province. whence in Germany it is called
der Wehrstand. … [§ 45] The order of burghers
and agrarians is constituted principally
for the adequate procurement of those things
necessary and useful to civil life in the
province. Whence in Germany it is called
der Nehrstand. … [§ 47] And their occupations
are of three kinds. First are merchants and
businessmen, then farmers and herders, and
finally craftsmen and mechanics. …
[§ 48] As the ecclesiastical order of the
province will bring forth pious, learned,
wise, and good men, so the political and
secular order of the nobility will be concerned
to bring forth for the province strong, militant,
and brave men who are ready with arms and
counsel, and are experienced in military
matters. So also the order of burghers and
agrarians—the commons—will strive to produce
and bring forth for the fatherland merchants,
farmers, and workmen who are skilled, industrious
and distinguished. By the service, labor,
and industry of these orders, self-sufficiency
can be obtained in association and symbiosis.
…
[§ 50] The prefect of these sacred and secular
provincial orders is the superior to whom
is entrusted the administration of the province
and of provincial matters. He receives his
trust from the realm under which the province
exists, and of which it is a member. He may
be called a dynast, eparch, satrap, governor,
president, rector, or moderator of the province.
…Today in many places in Europe such prefects
are called counts, and are designated by
the name of the province entrusted to them,
or of the principal fortress or metropolis
of the province. Such are the counts of Nassau,
Friesland, Schwartzenberg, Hanover, Mansfield,
Oldenburg, and many others. In difficult
matters involving the entire province, namely,
of war, peace, imposition of taxes, publication
of general law and decrees, and other such
things, the prefect can do nothing without
the consent and agreement of the provincial
orders. …
[§ 51] Whenever two or more provinces are
entrusted to the administration of one person,
he is usually called a duke, prince, marquis,
or landgrave. … Sometimes such an administration
or prefecture is entrusted to a metropolis
of the province. This is the case with Nuremberg,
Strassburg, Antwerp, Danzig, Groningen, Bremen,
Ulm, Augsburg, Aachen, Lübeck, Franfurt,
and many other cities. Today any city that
has a distinct and separate rule and territory
is said to be a province.
[§ 52] The reason for establishing this head
is necessity and utility to the province.
For the public business of the various and
differing orders of the province cannot be
administered and governed conveniently and
beneficially let alone consistently and for
any length of time, by many persons, much
less by all, because of discord, dissension,
and difference of opinions. Therefore, it
is necessary that some director and governor
be established who can hold the others, both
orders and individuals, to their duties.
“Where there is no governor the people perishes.”
20 And the subjects are “as sheep without
a pastor.” 21 Whence the Apostle Paul says
that the magistrate is ordained for the good
and advantage of his subjects. … 22
[§ 53] Even though these heads, prefects,
and rectors of provinces recognize the supreme
magistrate of the realm as their superior,
from whom their administration and power
are conceded, nevertheless they have rights
of sovereignty in their territory, and stand
in the place of the supreme prince. They
prevail as much in their territory as does
the emperor or supreme magistrate in the
realm, except for superiority, pre-eminence,
and certain other things specifcally reserved
to the supreme magistrate who does the constituting.
Such is the common judgment of jurists. 23
The head of the province therefore has the
right of superiority and regal privileges
in his territory, but without prejudice to
the universal jurisdiction that the supreme
prince has. This supreme and universal jurisdiction
is itself the form and substantial essence
of the sovereignty of the king, which the
king by himself cannot abdicate. [§ 54] The
rights of universal superiority and pre-eminence
are indeed to be reserved in such a concession
to the one who grants the concession. Thus
the duke or head of a province differs in
power and authority from his constituter.
24 [§ 55] For the constituter is greater
than the one constituted, and has general
power in all provinces and in the whole realm.
The one constituted, on the other hand, is
less than the constituter, and has special
power limited by the constituter to the province.
He holds his position in the place of and
by the favor of his constituter, and if he
becomes consumed by his own power, he can
be deprived of his position by his constituter.
…
[§ 56] The duty of the provincial head is,
first, to exercise diligent watch and care
over sacred and secular provincial affairs,
and to provide that they be lifted up and
directed to the glory of God and to the welfare
of the entire province and the members thereof.
… [§ 61] His duty, secondly, is rightly to
administer justice to individual persons,
with the power and the right of inflicting
penalties of life, body, goods, and reputation,
and of rewarding those who do good. … [§
63] His duty, thirdly, is to inquire concerning
those things that need correction or support,
to understand the state of his province,
and to hear the complaints of orders and
individual subjects. [§ 64] When these things
are known to him, he announces a provincial
convocation to the orders of the province,
and proposes to this convocation matters
to be deliberated and reflected upon that
he considers to be of concern to the province.
Especially does he do this when assessments
or taxes are to be imposed on subjects. [§
65] After these matters have been decided,
either unanimously or by majority vote of
the orders, he confirms the decisions, gives
authority and the force of binding law to
them, commands their execution, and then
dismisses the convocation. …
[§ 66] Each order of the province has one
vote, although very frequently there may
be many delegates representing each order
and serving as agents thereof according to
the mandate and commission of their principals,
to whom they must render an account of the
things they have done upon returning home.
Therefore, each order constitutes a member
order of the provincial collegium in which
questions proposed by the head are examined
and decided. 25 In deliberations each order
examines a proposed question separately in
its own chamber, and its deputies agree among
themselves concerning their decision. When
the allotted time has expired and all orders
of the province are assembled together in
a common chamber, they communicate with each
other the decision they have made. [§ 67]
The head of the province, and his accompanying
officials and advisers in the provincial
convocation, should not impede or impinge
upon free decisions. They are not above the
orders, and do not dominate them in the convocation.
After requesting and hearing the decisions
of all orders, the head adds his own also,
and brings any dissenting orders into harmony
with the others, if this can be done. 26
[§ 68] The power of deciding those things
that have been proposed by the head of the
province is not in the control of any particular
order, or of orders individually, but of
all orders together. This power belongs to
all orders collectively, not to individual
orders, and in a collegium that meets together
as a whole, not in separate collegia of individual
orders. For this reason, one order without
another cannot decide upon those things that
pertain to all as a whole, as we have already
said concerning decisions and decrees of
colleagues and senators27 and as we will
later discuss more fully. 28 [§ 69] But if
one order does not come to the announced
convocation, it loses the right of deliberating
and deciding upon the proposed questions;
and the things that are decided by those
present, and confirmed by the head of the
province, are directed to be carried out
with reference to it, no less than if it
were present and consented to them. 29 [§
70] When, however, there are differing votes,
opinions, and judgments of the colleagues
or orders present, the decision may be made
according to the judgments of the more numerous
or larger part in the things that concern
all orders together, but not in those that
concern them separately. … 30
[§ 88] Today heads of provinces in German
policy are of two kinds. Some are subject
to the emperor or caesar immediately, others
mediately. … [§ 91] The first kind of head
is required to render an account of his administration
directly to the emperor or supreme magistrate
of the empire. If under the appearance of
duty, he is cruelly misusing his power over
subjects, or is practicing tyranny, the emperor
can remove him and deprive him of his conceded
jurisdiction. 31 The second kind of head
is required to render an account of his administration
to his prince, by whom he is judged and punished
if he is treating his provincial subjects
tyrannically or cruelly. [§ 92] Wherefore,
if the head of such a province does not protect
his subjects in time of need, or refuses
to support them, they can submit themselves
to another. 32
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