''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 "L ...

. The book, written in English, was published in 1644 with the subtitle "The Law and the Prince". Published in response to

Bishop John Maxwell John Maxwell (1591–1647), was a Protestant clergyman serving the Church of Scotland and Church of Ireland as Archbishop of Tuam. Early life He was born in 1591 the son of John Maxwell of Cavens, Kirkcudbrightshire, was born in or befor ...

'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) 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 Theo ...

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'', 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 Restoration is the act of restoring something to its original state and may refer to: * Conservation and restoration of cultural heritage ** Audio restoration ** Film restoration ** Image restoration ** Textile restoration * Restoration ecology ...

, 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 Political philosophy or political theory is the philosophical study of government, addressing questions about the nature, scope, and legitimacy of public agents and institutions and the relationships betw ...

idea, and helped pave the way for the political theory of

John Locke John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Age of Enlightenment, Enlightenment thinkers and commonly known as the "father of liberalism ...

. 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