Samuel Rutherford (–1661)

LT Lex Rex or The Law and the Prince, Samuel Rutherford, Sprinkle Publications, 1584?, dates I read/studied book
7/13-8/2/03; reviewed double-lined 10/27/21; LT 11/6/21 Recommended by [if anybody], my book is at church in political section on east wall
https://www.portagepub.com/dl/caa/sr-lexrex17.pdf?

Subtitle:

LEX, REX,
OR THE LAW AND THE PRINCE;
A DISPUTE FOR
THE JUST PREROGATIVE OF KING AND PEOPLE:
CONTAINING
THE REASONS AND CAUSES OF THE MOST NECESSARY DEFENSIVE WARS OF THE KINGDOM OF SCOTLAND,
AND OF THEIR
EXPEDITION FOR THE AID AND HELP OF THEIR DEAR BRETHREN OF ENGLAND;
IN WHICH THEIR INNOCENCY IS ASSERTED, AND A FULL ANSWER IS GIVEN TO A SEDITIOUS PAMPHLET,
ENTITLED,
“SACRO-SNCTA REGUM MAJESTAS,”
OR
THE SACRED AND ROYAL PREROGATIVE OF CHRISTIAN KINGS;
UNDER THE NAME OF J. A., BUT PENNED BY
JOHN MAXWELL, THE EXCOMMUNICATE POPISH PRELATE.
WITH A SCRIPTURAL CONFUTATION OF THE RUINOUS GROUNDS OF W. BARCLAY, H. GROTIUS, H. ARNISAEUS,
ANT. DE DOMI, POPISH BISHOP OF SPALATO, AND OF OTHER LATE ANTI-MAGESTRATICAL ROYALISTS,
AS THE AUTHOR OF OSSORIANUM, DR. FERNE, E. SYMMONS, THE DOCTORS OF ABERDEEN, ETC.
IN FORTY-FOUR QUESTIONS,

BY THE REV. SAMUEL RUTHERFORD.
SOMETIME PROFESSOR OF DIVINITY IN THE UNIVERSITY OF ST. ANDEREWS.
“But if you shall still do wickedly, ye shall be consumed, both ye and your king.” I Sam 12:25

Theme: Preface …resistance to lawful authority—even when that authority so called has, in pint of fact, set at naught all law—is in no instance to be vindicated…; 3 …power of government is immediately from God, and this or that definite power is mediately from God, proceeding from God by the mediation of the consent of a community, which resigneth their power to one or more rulers
Type: didactic
Value: 1-
Age: interested post hs
Interest: 2+
Objectionable: 78 typo
Synopsis/Noteworthy:

Keys 31, 78, 95, 102, 137, 175
Summary 69 That the power of the king is fiduciary, that is, given to him immediately by God in trust, royalists deny not; but we hold that the trust is put upon the king by the people. We deny that the people give themselves to the king as a gift, for what is freely given cannot be taken again; but they gave themselves to the king as a pawn, and if the pawn be abused, or not used in that manner as it was conditioned to be used, the party in whose hand the pawn is intrusted, faileth in his trust.
4-5 three kinds of civil government 38, 98-monarchy/aristocracy/democracy (5) for I judge they are not governments different in nature, if we speak morally and theologically, only they differ politically and positively; nor is aristocracy any thing but diffused and enlarged monarchy, and monarchy is nothing but contracted aristocracy, even as it is the same hand when the thumb and the four fingers are folded together and when all the five fingers are dilated and stretched out; and wherever God appointed a king he never appointed him absolute, and a sole independent angel, but joined always with him judges, who were no less to judge according to the law of God (2 Chron. xix. 6,) than the king, Deut. xvii. 15
5 obedience to cg connected to fifth commandment 50, 62, 145-includes the king, 151-2, 155-6-2, 173, 175, 185-2, 197, 230
6ff God and people choose king 21, 22, 70
8-9 crown not tied to family 13-14, 43-44 (best), 52
9 king not so but by people
11 individual jurisdiction 25, 30, 56-57, 77
16 obey usurpers?
16 right to recover liberty (by sword) (26), 36, 56-2, 75
22 God did not create men to rule over other men 51, 64ff, 67
This is not natural but positive 79 or by accident 81
You cannot give away a child’s liberty 66
Yet cg is a divine institution 62ff yet not natural but positive 63-64, 70, 81
25 (authority is in) nature 29-30, 35, 38, 41 faculty
25 whole is greater than the parts 87
26 inferior judges have same divine authority, interposition 35
27 Babylon antichrist 32
28 no king before Nimrod (Gen 9:6) 33, 52
33 end of human rule (“policy”) 57, 65, 78
34 power versus license
35 second amendment 187
36 spheres
37 single act of wrong not enough
37 silence means consent
46 certain authority cannot be resigned 49 liberty of son, 81ff fountain-power, 84
46 Question XII Whether or not a kingdom may lawfully be purchased by the sole title of conquest
50 strong to protect weak
52 law of nature versus nations 68
56 divisions of governments, immunity 215
56 freedom of religion is to be defended against the king The king, as a man, is not more obliged to the public and regal defence of the true religion than any other man of the land; but he is made by God and the people king, for the church and people of God’s sake, that he may defend true religion for the behalf and salvation of all. If therefore he defend not religion for the salvation of the souls of all in his public and royal way, it is presumed as undeniable that the people of God, who by the law of nature are to care for their own souls, are to defend in their way true religion, which so nearly concerneth them and their eternal happiness.
57-2ff king to govern in righteousness and religion 72 He who is made a minister of God, not simply, but for the good of the subject, and so he take heed to God’s law as a king, and govern according to God’s will, he is in so far only made king by God as he fulfilleth the condition; and in so far as he is a minister for evil to the subject, and ruleth not according to that which the book of the law commandeth him as king, in so far he is not by God appointed king and ruler, and so must be made a king by God conditionally: but so hath God made kings and rulers, Rom. xiii. 4; 2 Chron. vi. 16; Psal. lxxxix. 30, 31; 2 Sam. vii. 12; 1 Chron. xxviii. 7–9
61 schoolmaster is above his rules
63 a father is always a father 65 A father, so long as his children liveth, can never leave off to be a father, though he were mad and furious—though he be the most wicked man on earth.
65 rule by law 101 limits to rule 72-3, 80
67-2 private property 68
72 freedom of religion
78 king is inferior to the people
88 inferior judges are accountable directly to God 92
92 object of government is justice and religion
97 AACS 117
108 people do what seems good
112 counsel, executive committee
117 necessity of force
119 solus populi 137
135 pastor’s call
138 law against scripture and natural reason not to be obeyed
142 extent of power of the king
143 God gives king to protect church
160 self-defense, order of self-preservation
181 Christ’s example
185 first king was by election [vote of the people]
187 people need to understand
190 three kinds of good
191 state of saving grace better
198 law of nations
216 glory of king greater than that of pastor
227 nature can be considered whole or fallen
232 freedom of assembly

SCRIPTURES
Gen 9:6 28
Lev 16:15 131
Num 2:14-16 18
Num 11:14-17 97, 173
Num 14:16 140
Deu 1:17 90-1 judgment is God’s 14, 93, 113, 173
Deu 17 39, 70 (verses 18-20 the first king)
I Sam 8:11 72ff, 81, 134, 174, 194, 214 1Sa 8:11 And he said, This will be the manner of the king that shall reign over you: He will take your sons, and appoint them for himself, for his chariots, and to be his horsemen; and some shall run before his chariots.
I Sam 10:17ff Saul chosen by the people (II Sam 5:1-3; II Ki 11:17-18)
I Sam 12:13 17
I Sam 12:25 title page! 1Sa 12:19-25 And all the people said unto Samuel, Pray for thy servants unto the LORD thy God, that we die not: for we have added unto all our sins this evil, to ask us a king. (20) And Samuel said unto the people, Fear not: ye have done all this wickedness: yet turn not aside from following the LORD, but serve the LORD with all your heart; (21) And turn ye not aside: for then should ye go after vain things, which cannot profit nor deliver; for they are vain. (22) For the LORD will not forsake his people for his great name's sake: because it hath pleased the LORD to make you his people. (23) Moreover as for me, God forbid that I should sin against the LORD in ceasing to pray for you: but I will teach you the good and the right way: (24) Only fear the LORD, and serve him in truth with all your heart: for consider how great things he hath done for you. (25) But if ye shall still do wickedly, ye shall be consumed, both ye and your king.
I Sam 16:18 7
II Sam 5:1-3 David chosen by the people 203
II Sam 12:7-8 52 verse 12 57
II Ki 11:17-18 Jehoash chosen by the people
II Chr 19:6 5, 14, 93, 97, 113, 173
II Chr 26 14
Psa 75:6-7 81, 52
Psa 78:71-2 48 (Hos 3:4)
Psa 82:1-2, 6 13, 81, 92, 111
Pro 8:15-16 81, 92
Isa 1:26 78
Hos 3:4
Hos 10:3 (between 131 and 140)
Acts 4:19 146-first! 150
Acts 5:29 146-first! 150
Rom 13:1 172-3, 175
I Tim 2:1 92
I Pet 2:13-14 97, 153

TERMS
Estates, three 84, 105, 140, 160-1, 171
People, parliament, king somewhat parallels judicial, legislative, executive
University 88
Estates 97, subdivisions 133, 136, parliament 115, 185, 208, 218
Accident: resulting from the fall, not the original intent
Point of order 56, 97, 135 (II Chr 21:10 171) 2Ch 21:10 So the Edomites revolted from under the hand of Judah unto this day. The same time also did Libnah revolt from under his hand; because he had forsaken the LORD God of his fathers.
Royalist: one who believes that the king is absolute power 98
Nature: that which is directly in creation, can be derived from creation 227, 51
Positive law: that law that was added to creation, aka accident 50-2

Resistance and Romans 13 in Samuel Rutherford's Lex, Rex
Published online by Cambridge University Press: 10 April 2013
Ryan McAnnally-Linz
Abstract
The many conflicts around the reformation of religion in the sixteenth and seventeenth centuries drew the problem of political resistance to the forefront of European political thought. Thinkers in all of the various religious camps considered scripture to be politically normative. Consequently, both pro- and anti-resistance thinkers from a variety of traditions had to engage with Romans 13:1–7, Paul's apparently definitive pronouncement in favour of obedience and, therefore, against resistance. The opponents of resistance could cite Romans 13 with fairly little explanation, but the resisters and revolutionaries faced the challenge of working with the text to draw different political conclusions from it without violating the ‘literal’ sense that they almost universally held to be authoritative. Some even aimed to bring Paul forward as a staunch supporter of the sort of violent political resistance they advocated.

Lex, Rex, the political tract of seventeenth-century Scottish theologian Samuel Rutherford (1600–1661), represents a particularly comprehensive early modern justification for violent resistance against a political sovereign. Rutherford was a member of the party of the radical covenanters, who vehemently opposed the church reforms of Charles I and, when hostilities began, fervently supported the war against the king. This article explores the series of arguments, distinctions and theological moves that Rutherford employs to incorporate Romans 13 as a central supporting text for his pro-resistance argument. Among these are: the distinction between God's immediate institution of governmental power and the constitution of particular governments mediately through the people, the positing of a conditional covenant agreed upon at the constitution of any government, the scholastic distinction between voluntas beneplaciti and voluntas signi in the divine will, and the distinction between the royal office in abstracto and its concrete occupant. Using these and other arguments and distinctions, Rutherford constructs a conceptual apparatus that is able, to a great extent, to appropriate Paul's exhortation to obedience in the service of a justification of resistance. In so doing, Rutherford illustrates some of the array of theological and philosophical resources that early modern resistance theorists could marshal in support of their cause, while still maintaining their fundamental theological commitments.

Article for BCSO Newsletter 11/21

Nevertheless the king’s word prevailed against Joab (21:4)
When and How to Resist Abused Authority
Acts 5:29; Romans 13:1-7
Pastor Keith Hamblen, BCSO Executive Director

We are facing difficult issues (for example, great pressure to get the shot), and we wonder what is ahead of us. It is a great responsibility for pastors to teach the right thing, both in willingness and in “rightly dividing” (II Tim 2:15)—we do not want any in the flock to stumble! Lex Rex by Samuel Rutherford was written to search these things out scripturally, and it is excellent—and a very big book!

We are not told Joab’s responsibility in resisting David’s order to number the people (I Chr 21:3). We do know that the Bible teaches confronting evil (Lev 5:1; 19:17; Eze 33:2-7; Mt 5:13-14; Gal 6:1).

Two General Principles

A. All authority is good (it is of God) and is to be obeyed (Rom 13:1)!
B. Abuse of authority is to be resisted (he is the minister of God to thee for good, not bad) (Rom 13:3-4)!

Authority is the right to speak (to be obeyed); authorities are people or laws allowed by God to give direction to be obeyed. Biblical resistance proceeds “with as little force as possible, as much as necessary”—educate, negotiate, legislate, litigate (all things by prayer, Phil 4:6)! The authority of president, senator, sheriff, parent, and pastor all are of God directly and all are to obeyed (see the doctrine of interposition on resolving conflicting commands).

Six Specific Principles

1. Authorities give up authority when commanding contrary to scripture (Acts 5:29).

2. Authorities give up authority when commanding outside their jurisdiction (Rom 13:1).

Are “authorities” (true authorities or simply people telling you what to do) commanding outside their jurisdiction? This is tyranny (commanding outside your jurisdiction.) Are we to obey government? Which one?! Church? Family? Civil? If the church tells us it is not necessary to wear a mask (or to get a shot or whatever), or the parents, but the state does—which should prevail scripturally?!

3. Authorities give up authority when ministering evil (Rom 13:4).

4. Authority is not self-derived (self-ultimate, self-determined); it is not to come out of “every man doing that which is right in his own eyes” (Jdg 21:25; Pro 1:7; 16:10).

5. Inherited liberty is to be respected and used (Psa 78:1-8, especially vs. 5-6; II Tim 3:14; I Cor 7:21). (Don’t give up “inherited” liberty.)

6. The will [what is to be submitted to/obeyed] of the Lord can be known in any situation
(Rom 12:1-2; Jn 7:17), and obeyed (Deu 13:4; 30:20)!… (lisätietoja)