Lex, Rex (Rutherford)

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RamistThomist

Puritanboard Clerk
This is Samuel Rutherford’s response to the prelate Maxwell who advocated absolute obedience to monarchs in all respects. This book is a point by point refutation (and reads like it). Rutherford’s Key argument: “I reduce all that I am to speak of the power of kings, to the author or efficient, -the matter or subject, – the form or power, – the end and fruit of their government, – and to some cases of resistance” (Rutherford 1).

We can say it another way: We can reorder the scholastic causes (formal, efficient, material, final) to forms of limitation: what is the purpose of govt? Who or what brings govt into existence? Who or what constitutes govt? If these distinctions aren’t kept in mind, Rutherford’s argument doesn’t make sense. In fact, constitutional govt wouldn’t make sense, either.

Rutherford explains government is natural in its root but voluntary in its mode. Further, The power of creating a man a king is from the people (6). Can the people cede all of their liberty to the king? No, for the people do not have absolute power over themselves. You cannot cede what you do not have (81). The king is above the people by eminence of derived authority as watchman, but he is inferior to them in fountain-power, as the effect to the cause (115). This is Rutherford’s key, and in my opinion, strongest, argument in the book. God’s intention per civil govt is “external peace, and quiet life, and godliness of his church and people, and that all judges, according to their places, be nurse-fathers to the church (Isa. 40.23)” (105).

Can we resist the government? Well, individually no. As a member of an estate and body politic, yes. Resistance and patient suffering are not contraries when considered as virtues (153ff). If resistance can fall under the virtue of self-preservation, then it is not an evil. Were the entire Parliament and city of London to lay down their arms and go meekly to their deaths at the hand of Irish rebels? In lighter situations, such as taxes and tribute, we may not use acts of re-offending. Did Paul meekly submit to the king of Damascus or did he engage in self-preservation and escape (159)?

The book is somewhat difficult to read because Rutherford is engaging in a point-by-point refutation of Maxwell, so it isn’t always clear which point is under discussion.
 
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