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''Lex, Rex'' is a book by the Scottish Presbyterian minister Samuel Rutherford. 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) 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 T ...
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 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 covenant 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 John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Enlightenment thinkers and commonly known as the "father of liberalism". Considered one of ...
. However, Rutherford's views on Church-State relations and his opposition to religious toleration were not shared by Locke.


See also

* Alexander Shields * Lex animata (law individualised in a prince) *
Natural law Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacted ...
*
Rule of law The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannic ...
* Rule of man


External links

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