''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 theology, theologian and one of the Scottish Commissioners to the Westminster Assembly. Life Samuel Rutherford was born in t ...

. 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 ...

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 to ...

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 d ...

, 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 an idea, theory, or model that usually, although not always, concerns the legitimacy of the authority of the state over the individual. Conceptualized in the Age of Enlightenment, it ...

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

John Locke John Locke (; 29 August 1632 (Old Style and New Style dates, O.S.) – 28 October 1704 (Old Style and New Style dates, O.S.)) was an English philosopher and physician, widely regarded as one of the most influential of the Enlightenment thi ...

. However, Rutherford's views on Church-State relations and his opposition to religious toleration were not shared by Locke. This work ended up playing a role in inspiring the

American Revolution The American Revolution (1765–1783) was a colonial rebellion and war of independence in which the Thirteen Colonies broke from British America, British rule to form the United States of America. The revolution culminated in the American ...

with its strong stance in favor of rebellion against unjust monarchs if they are tyrannical.

External links

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

See also

External links