CHAPTERS VII-VIII

THE PROVINCE

We have completed the discussion of the community. We turn now to the province,[1] which contains within its territory many villages, towns, outposts, and cities united under the communion and administration of one right (jus).[2] It is also called a region, district, diocese, or community. I identify the territory of a province as whatever is encompassed by the limits or boundaries within which its rights(jura)[3] are exercised.... Two matters are to be discussed. The first is the communion of provincial right, and the second is the administration of it. These two matters contain the entire political doctrine of the province.

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....

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. A pious life requires a correct understanding of God and a sincere worship of him. 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.

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.

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.

The duties of justice to the neighbour are either special or general. Special duties are those that bind superiors and inferiors together, so that the symbiote truly attributes honour 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. 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 neighbour 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 neighbour, and of not neglecting them in any manner, the ninth precept; and of avoiding a concupiscent disposition toward those things that belong to our neighbour, and of seeking instead satisfaction and pleasure in those things that are ours and tend to the glory of God, the tenth precept.

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.

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 defence 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]

The administration of provincial right is the process by which the employment and practice of provincial right, both general and special, is appropriately directed to the welfare of the province. Whence this right relates entirely to good ordering and arranging, and has in mind a structure of proper practice and discipline. The administration of this right involves two parts. One part pertains to the members of the province, and the other to its head or president.

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 centre 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.

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.

The provincial order or estate may be either sacred and ecclesiastical, or secular and civil. In Germany they are known as der Geistlich und Weltlich stand.[9] 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.

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....

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.

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.... A district is a union of many neighbouring villages, towns, and cities of the same province for the purpose of maintaining the public expression of divine worship. 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]

The presbytery, or ecclesiastical senate, contains two kinds of men. The first are pastors or ministers of the word to whose labours 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. 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. 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. 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.

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 defence 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) the 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....

Three steps are to be considered in the election of the minister; nomination, approval, and confirmation. 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.

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] 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. 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]

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. 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....

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, carry out what is decreed by common counsel, no less than occurs in secular collegia.[16] Whence those who so guide are called governors.

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....

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] 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.

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. 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. 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. An assembly from all districts of the province constitutes a provincial synod.

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. 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 remains as an impediment thereto....

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 St?ttestand, und der Hausmans-oder 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.

The order of the nobility is constituted principally for defence, for repelling and driving force and violence away from the province. Whence in Germany it is called der Wehrstand.... 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.... And their occupations are of three kinds. First are merchants and businessmen, then farmers and herders, and finally craftsmen and mechanics....

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, labour, and industry of these orders, self-sufficiency can be obtained in association and symbiosis....

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....

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, Liibeck, Frankfurt, and many other cities. Today any city that has a distinct and separate rule and territory is said to be a province.

The reason for establishing this head is his 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]

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 specifically reserved to the supreme magistrate who does the constituting. Such is the common judgment of jurists.[23] The head of a 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. 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] 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 favour of his constituter, and if he becomes consumed by his own power, he can be deprived of his position by his constituter....

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.... 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.... 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. 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. 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....

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 decisions they have made. 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]

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 senators[27] and as we will later discuss more fully.[28] 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] 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]

Today heads of provinces in German polity are of two kinds. Some are subject to the emperor or caesar immediately, others mediately.... 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 practising 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. 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]


1. [This discussion of the province as a distinct type of association is missing in the first edition of 1603. In that edition there are only four types of association (family, collegium, city, and commonwealth), and the province is considered for the most part to be an administrative unit of the commonwealth.]

2. [legal order.]

3. [laws.]

4. John 17: 3.

5. [Institutes I, 1, 3; Digest I, 1, 10, 1; Matthew 7: 12; Luke 6: 31.]

6. [Here follows a long discussion of executive functions and occupations, after which there is a brief restatement of the seven other general public duties. Especially noteworthy is the observation that 'the female sex does not bar one from office when the function is suitable to the sex'. Althusius acknowledges, however, that the following writers disagree with him: Peter Gregory, De republica, VII, 11; Lambert Daneau, Politices christianae, VI, 3; Melchior Junius, Politicarum quaestionum, I, quest. 13; Justius Lipsius, Politicorum sive civilis doctrinae, II, 3; Jean Bodin, The Commonweale, VI, 5.

Also to be noted is his suggestion that the best men for high office in the province are to be found among the middle class, 'for these persons do not aspire after what is alien, nor are they envious of the goods of others'.]

7. [majora collegia: as distinguished from minora collegia. See page 33.]

8. Exodus 18:17-25. ['Moses' father-in-law said to him, "What you are doing is not good. You and the people with you will wear yourselves out, for the thing is too heavy for you; you are not able to perform it alone. Listen now to my voice; I will give you counsel, and God be with you!... Choose able men from all the people, such as fear God, men who are trustworthy and who hate a bribe; and place such men over the people as rulers of thousands, of hundreds, of fifties, and of tens. And let them judge the people at all times; every great matter they shall bring to you, but any small matter they shall decide themselves; so it will be easier for you, and they will bear the burden with you. If you do this, and God so commands you, then you will be able to endure, and all this people also will go to their place in peace!"' R.S.V.] See also Deuteronomy 1: 13-18; II Chronicles 19; Numbers 11.

9. Also see II Chronicles 19: 5-11, where Jehoshaphat appointed some prefects for civil matters and others for ecclesiastical matters.

10. [The ensuing discussion of the ecclesiastical order draws especially upon John Calvin, Institutes of the Christian Religion, and 'Draft Ecclesisatical Ordinances'; Francis Junius, Commentarii and Ecclesiastici; Wilhelm Zepper, De politia ecclesiastica; Benedict Aretius, Problemata theologica; Jerome Zanchius, De redemptione; and Novel CXXIII.]

11. [Althusius says that the Apostle Paul called the presbytery a senate, that Christ called it a church 'because it represents the whole church', that the Jews in the Old Testament named it a synagogue, and that in his own times it was often called a consistory.]

12. I Timothy 3: 10; Titus 1: 5-9.

13. Institutes of the Christian Religion, IV, 3, 15; IV, 4, 12-14.

14. For the formula of the oath, see John Calvin, 'Draft Ecclesiastical Ordinances'.

15. 'We beseech you, brethren, to respect those who labour among you and preside over you in the Lord and admonish you, and to esteem them very highly in love because of their work.' I Thessalonians 5: 12 f.

16. Calvin illustrates this by examples from the primitive church. Institutes of the Christian Religion, IV, 4, 2.

17. Acts 18: 14-16; Deuteronomy 17: 8-13; 21: 5; 30:9; John 18: 36; Ephesians 1; 5; I Corinthians 12; 15; II Chronicles 19: 5-7; 26: 7; Exodus 29:1, 44; 30: 7; Matthew 9:13; Micah 1; Jeremiah 1; Novel CXXIII. [Althusius several times includes this Roman law novel ('De diversis capitibus ecclesiasticis') in listings of scriptural passages.]

18. II Samuel 12; 24; I Kings 13; 16; 21; II Kings 1; 20:19; 21; II Chronicles 16; 20; Ezekiel 3; Luke 10: 16; I Thessalonians 5:12; Hebrews 13: 17.

19. [In this instance, and in several instances henceforth, Althusius uses the term 'order' when, according to the above distinction, he intends the connotation of 'estate'.]

20. Proverbs 11: 14.

21. Numbers 27: 17.

22. Romans 13: 1-7.

23. Joachim Mynsinger, Centuriae, cent. 6, obs. 99; Diego Covarruvias, Practicarum quaestionium, 4, 1 f.; Marc Antony Peregrinus, De jure fisci, I, tit. 3, num. 75 f.; Henry Rosenthal, De feudis, I, 5, 11 ff.; Ulrich Zasius, Responsorum, I, cons, 1; Roland a Valle, Consiliorum, I, cons. 29, num. 26; Matthew Wesenbeck, Consilia, cons. 40, num. 44; cons. 27, num. 28; Andreas Gail, De pace publica, I, 6, 19; Practicarum observationum, II, obs. 57, 7 f.

24. Henry Rosenthal adds that an emperor cannot constitute an equal to himself.. De feudis, I, 5, 10.

29. Examples in the provinces of Holland, Zeeland, and Friesland are to be found in Emmanuel Meteren, A General History of the Netherlands, XIV and XX; and Ubbo Emmius, De jure et agro Groningae. See also Josias Simler, De republica Helvetiorum.

26. For a discussion of whether the head can obstruct a decree if he alone dissents, see Chapter XXXIII.

27. Chapters IV and V [on the collegium and the city.]

28. Chapter XXXIII. [on councils of the realm.]

29. Bodin says, however, that in matters of great weight and moment it is not enough for all to be called, but two-thirds must be present at the session, even if not all agree. The Commonweale, III, 7.

30. [Here follows a lengthy discussion of orders and estates, also called tribes, in ancient Israel and Rome. Althusius draws especially upon the historian Carl Sigon's De republica Hebraicorum and De antiquo jure Italiae.]

31. For further information, see Fernando Vasquez, Illustrium controversiarum, I, 8, 17 f.; Joachim Mynsinger, Centuriae, cent. 5, obs. 8; Nicolas Boerius, Decisiones, dec. 304; Andreas Gail, Practicarum observationum, I, obs. 17.

32. [Althusius refers to the following jurists in support of this position: Jerome Gigas, De crimine laesae majestatis, I, quest. 56; Jacob Thomingius, Consilia, cons. 13, num. 43 f.; Felino Sandeo, Commentaria (Decretals II, 26, 12); Tiberius Decianus, Tractatus criminalis, VII, 49, 27 f.; Matthew Wesenbeck, Consilia, cons. 48, num. 23; Andrea Alciati, Commentarii (Code I, 2, 5); Joachim Mynsinger, Centuriae, cent. 6, obs. 2; Albert Gentili, De jure belli, I, 23; Marianus Socinus, Consilia, cons. 39; Paul Castro, Commentaria (Digest I, I, 5).]




Popular Pages

More Info