Politica

XXIX-XXXVII. Secular Administration

Politica_151-200.indd 175 1/11/12 10:14 PM XXIX-XXXVII Secular Administration XXIX W E HAVE COMPLETED our discussion ofthe ecclesi- § 1 astical administration of the magistrate, and turn now to secular or civil administration. Secular administration is the process by which the magistrate rightly and faithfully attends to the civil functions of the second table of the Decalogue. These pertain to the establishment and conservation of good order, proper discipline, and self-sufficiency in the commonwealth, and to the extension of the advantages and aids of this life and the avoidance of disadvantages.... In this administration ofjustice the magistrate should always §2 and regularly observe that moderation is exercised, and that the right of each member of the commonwealth is conserved, neither diminished nor increased to the detriment of another. The imperium of the king ought not to be so enlarged that the liberty ofthe people is suppressed. Nor should the orders and estates be so amplified that they treat the king with contempt and violate the populace. Nor should popular license be permitted to the extent that it reduces respect for the king or upsets the affairs of the commonwealth. The responsibility ofthe magistrate in this civil administration §3 ofthe functions of the realm is twofold. It pertains, first, to the general right (jus genera/e) , and concerns the management of the necessary means for conserving justice, peace, tranquillity, and discipline in the commonwealth. It pertains, secondly, to the special right (jus speciale), and concerns the management of the means necessary for procuring advantages for the social life. 1 General right, in turn, involves (1) the 1 [General right is discussed in Chapters XXIX-XXXI and special right in Chapters XXXII-XXXVI. The latter refers to provisions for commerce, a 175 Politica_151-200.indd 176 1/11/12 10:14 PM 176 Politica enactment and execution of useful laws, and the administration of justice, or VOj.L08EO"La and OLKmoooa(a,2 and (2) the endeavor to preserve concord.§4 The enactment oflaw is the process by which the magistrate,§5 with the consent of the optimates and estates of his imperium and realm, legislates what is fair, useful, and necessary to the commonwealth .4The magistrate shall especially see that the customs, temperament , and ancient rights ofthe nation are respected, and that new laws are accommodated to them. Moderation is thus to be exercised in writing new laws and edicts, and the wishes ofthose who must maintain these laws-that is, ofthe optimates and counselors ofthe realm-are to be ascertained. In the time of the monarchy, the Roman emperors enacted laws with the counsel of the senate, and in the time of the democracy laws were enacted through the classes and centuria! divisions , a proposed law having been made public for seventeen days. So today general laws are produced in councils. It would be a sign of indiscretion and foolish arrogance for one man or a few to presume so much upon themselves that they considered themselves to be able to produce laws sufficiently suitable to a nation without its consent and the united judgments and counsels of many persons.5 The magistrate should enact law that is equitable and useful. Equity makes law efficacious, august, and inviolable. Utility calls forth and retains an appreciation and respect for law. ...§9 The magistrate shall interpret the fundamental laws ofthe realm in keeping with the counsel ofthe ephors, and shall not abolish, annul, or reject something in them except with the expressed j udgment, will, and command ofthe ephors. Much less shall he change, overthrow, or abolish laws concerning the legitimate worship of God once it has been intromonetary system, an official language, special duties and privileges, public security, councils of the realm, and military matters.] 2 (the making oflaw and the administration ofjustice.] 3 (Chapters XXIX- XXX and XXXI respectively.] 4 In Psalm 108:9 Judah is called a legislator because ofthe power entrusted to it ofmaking and administering laws for the realm. (The Tremellius-Junius translation ofthe Old Testament from the Hebrew into Latin (Frankfurt on the Main, 1579) renders the last line of Psalm 108:9 (108:8 in the R.S.V.) as "Judah is my legislator."] 5 See Innocent Gentillet, Against Nicholas Machiave//, III, theor. 22; Junius Brutus, Difence ofLiberty Against Tyrants, quest. 1 and 3. Politica_151-200.indd 177 1/11/12 10:14 PM Secular Administration 177 duced...