Lex, Rex
Encyclopedia
Lex, Rex is a book by the Scottish Presbyterian minister Samuel Rutherford
(1600?-1661). The book was published in 1644, had the English subtitle of "The Law is King", and although intended to be a comprehensive defence of the Scottish Presbyterian ideal in politics, was published in response to Bishop John Maxwell's "Sacro-Sanctum Regus Majestas". The book defends the rule of law and the lawfulness of defensive wars (including pre-emptive wars) and advocates limited government
and constitutionalism
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
, 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
idea, and helped pave the way for the political theory of John Locke
. However, it must be remembered that Rutherford's views on Church-State relations and his opposition to religious toleration were opposed to Locke's views in those areas.
Samuel Rutherford
Samuel Rutherford was a Scottish Presbyterian theologian and author, and one of the Scottish Commissioners to the Westminster Assembly.-Life:...
(1600?-1661). The book was published in 1644, had the English subtitle of "The Law is King", and although intended to be a comprehensive defence of the Scottish Presbyterian ideal in politics, was published in response to Bishop John Maxwell's "Sacro-Sanctum Regus Majestas". The book defends the rule of law and the lawfulness of defensive wars (including pre-emptive wars) and advocates limited government
Limited government
Limited government is a government which anything more than minimal governmental intervention in personal liberties and the economy is generally disallowed by law, usually in a written constitution. It is written in the United States Constitution in Article 1, Section 8...
and constitutionalism
Constitutionalism
Constitutionalism has a variety of meanings. Most generally, it is "a complex 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"....
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 (historical)
In a historical context, a covenant applies to formal promises that were made under oath, or in less remote history, agreements in which the name actually uses the term 'covenant', implying that they were binding for all time...
and the rule of law (by which Rutherford included Divine Law and Natural Law as well as positive law). After the Restoration
Restoration (1660)
The term Restoration in reference to the year 1660 refers to the restoration of Charles II to his realms across the British Empire at that time.-England:...
, the authorities cited Rutherford for high treason
High treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
, 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
Covenant (historical)
In a historical context, a covenant applies to formal promises that were made under oath, or in less remote history, agreements in which the name actually uses the term 'covenant', implying that they were binding for all time...
made Lex, Rex a precursor to the social contract
Social contract
The social contract is an intellectual device intended to explain the appropriate relationship between individuals and their governments. Social contract arguments assert that individuals unite into political societies by a process of mutual consent, agreeing to abide by common rules and accept...
idea, and helped pave the way for the political theory of John Locke
John Locke
John Locke FRS , widely known as the Father of Liberalism, was an English philosopher and physician regarded as one of the most influential of Enlightenment thinkers. Considered one of the first of the British empiricists, following the tradition of Francis Bacon, he is equally important to social...
. However, it must be remembered that Rutherford's views on Church-State relations and his opposition to religious toleration were opposed to Locke's views in those areas.