''Lex, Rex'' is a book by the Scottish Presbyterian minister

Samuel Rutherford Samuel Rutherford (also Rutherfurd or Rutherfoord; – 29 March 1661) was a Scottish Presbyterian pastor and theologian who wrote widely read letters, sermons, devotional and scholastic works. As a political theorist, he is known for " ...

. The book, written in English, was published in 1644 with the subtitle "The Law and the Prince". Published in response to Bishop John Maxwell's "Sacro-Sancta Regum Majestas", it was intended to be a comprehensive defence of the Scottish Presbyterian ideal in politics. The book defends the rule of law and the lawfulness of defensive wars (including

pre-emptive wars A preemptive war is a war that is commenced in an attempt to repel or defeat a perceived imminent offensive or invasion, or to gain a strategic advantage in an impending (allegedly unavoidable) war ''shortly before'' that attack materializes. I ...

) and advocates

limited government In political philosophy, limited government is the concept of a government limited in power. It is a key concept in the history of liberalism.Amy Gutmann, "How Limited Is Liberal Government" in Liberalism Without Illusions: Essays on Liberal The ...

and

constitutionalism Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law". Political organizations are constitutional ...

in politics and the "Two Kingdoms" theory of Church-State relations (which advocated distinct realms of church and state but opposed religious toleration). Rutherford's ''Lex, Rex'' utilizes arguments from Scripture, Natural Law and Scottish law, and along with the sixteenth century ''

Vindiciae contra tyrannos ''Vindiciae contra tyrannos'' (meaning: "Defences f libertyagainst tyrants") was an influential Huguenot tract published in Basel in 1579. Its author remains uncertain, since it was written under the pseudonym of "Stephen Junius Brutus". Likely ca ...

'', it attacked royal absolutism and emphasized the importance of the

covenant Covenant may refer to: Religion * Covenant (religion), a formal alliance or agreement made by God with a religious community or with humanity in general ** Covenant (biblical), in the Hebrew Bible ** Covenant in Mormonism, a sacred agreement b ...

and the rule of law (by which Rutherford included Divine Law and Natural Law as well as positive law). After the Restoration, the authorities cited Rutherford for

high treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...

, but his death intervened before the charge could be tried. ''Lex, Rex'' itself was burned in Edinburgh (the Scottish capital) and St. Andrews (where Rutherford had been principal of the university) and in 1683 Oxford University included it in what ended up being the last official book-burning in England. The attack on absolutism, the defence of the rule of law and the emphasis on the importance of the

made ''Lex, Rex'' a precursor to the

social contract In moral and political philosophy, the social contract is a theory or model that originated during the Age of Enlightenment and usually, although not always, concerns the legitimacy of the authority of the state over the individual. Social ...

idea, and helped pave the way for the political theory of John Locke. However, Rutherford's views on Church-State relations and his opposition to religious toleration were not shared by Locke.

External links

* . * . * . 1644 books Books in political philosophy {{poli-book-stub

See also

External links