Published
articles, lectures, chapters
PUT NOT YOUR TRUST IN
PRINCES:
SAMUEL RUTHERFORD, THE
FOUR CAUSES, AND THE LIMITATION OF CIVIL GOVERNMENT
TALES OF TWO CITIES:
CHRISTIANITY AND POLITICS,
ed. Stephen Clark (
1.
Unpublished section on armed resistance
2. Extracts from the chapter as published
What claim has this
‘Christendom’ … upon our interest now? …
Its claim on us is simply that of witness. It attests, as a matter of history,
the actual impact of the Christian faith on European politics, and it expounds
this impact in its developed political reflections. Those who ruled in
Christendom and those who thought and argued about government believed that the
Gospel was true. They intended their institutions to reflect Christ’s coming
reign. We can criticise their understanding of the Gospel; we can criticise their
applications of it; but we can no more be uninterested in their witness than an
astronomer can be uninterested in what people see through telescopes. And while
no testimony to Christ can safely be ignored, this one lays claim with a
special seriousness; for although it is no longer our tradition, we are its dénouement, or perhaps its débâcle. It was the womb in which our
late-modernity came to birth. Even our refusal of Christendom has been learned
from Christendom. Its insights and errors have fashioned, sometimes by
repetition and sometimes by reaction, the insights and errors which comprise
the platitudes of our own era.
Oliver O’Donovan, The Desire of
the Nations, p. 194
Introduction
Samuel Rutherford wrote of himself, “I am
made of extremes” and few who are acquainted with his writings would deny it.[1] Author both of
the spiritually intense Letters and
of densely argued Latin works of Reformed scholasticism,[2] he was, in
Taylor Innes’s oft-cited phrase, “
One inescapable aspect of a consideration
of Saints and Society is that of the
role of the civil government and although it might be argued that Rutherford
was not an original thinker in this area, his status as a widely-known and
outspoken representative of one particular strand of Christian political
thought suggests that he might make an interesting case study. What follows,
therefore, is an attempt to summarize
There are several interesting and
valuable things, then, that this chapter is not. It is not a study of
Lex, rex: The Law and the Prince
Lex, rex: 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
This, then, was a defence of the Scots’
military action against Charles, both in the so-called Bishops’ Wars of
1639-40, and from 1643 onwards in support of the parliamentary side in the English
Civil War. John Maxwell, Bishop of Ross until the
The argument of the book is laid out in
answers to forty-four questions. Coffey’s summary of the main focus of the
questions is helpful:
Questions I to
XIV dealt with the origins of government, and Questions XV to XXI with the
relation between king and people, especially the institutions of parliament and
the judiciary. The heart of the book is found in the answers to Questions XXII
to XXVII, where
Lex, rex is a curious book
which approaches its subject from various angles. Close exegesis of particular
biblical passages and phrases, with reference to numerous commentators, lies
hard up against interaction with Jesuitical political thought, while constant
appeal to natural law sits alongside detailed accounts of Scottish history and
reference to a range of Reformed confessions.
What is clear, however, is that the book
hit the mark. Coffey writes:
According to the
Scottish moderate, Henry Guthry, every member of the 1645 General Assembly ‘had
in his hand that Book lately published by Mr Samuel Rutherford … [which was] so
idolised that whereas Buchanan’s treatise De Jure Regni apud Scotos, was
looked upon as an oracle, this coming forth, it was slighted (as not
anti-monarchical enough) and Rutherford’s Lex, rex only thought
authentic’.[14]
And, as is well known, in September 1660,
not long after the restoration of Charles II, copies of Lex, rex were burned in
Lex, rex and Aristotle’s “Four Causes”
The first sentence of Lex, rex outlines the subject matter of
the book and sets our agenda.
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.[15]
If we reorder the causes (to final,
efficient, formal and material), rephrase them as questions, and take “cases of
resistance” to be “forms of limitation”, then we approach
What
is the Purpose or Goal of Civil Government?
(The Final Cause)
God, as a good creator, intends the
well-being of his creatures and so programmes human beings with a natural
inclination to their own good and a natural instinct for their own
self-preservation. Further, he grants
them both the power of self-preservation and the duty of self-defence.
This duty of self-preservation, which,
from a good Creator’s hand, amounts to a duty to seek the good and to be happy,
is binding and thus the right of self-defence is inalienable. Human beings do
not have the power to destroy themselves and they “can no more resign power of
self-defence, which nature hath given them, than they can be guilty of
self-murder”.[17] Just as no-one has power to murder another or
let another be murdered but rather has the duty to prevent murder, so no-one
has the power to murder himself or let himself be murdered but rather has the
duty to prevent harm to himself.[18]
Government is
about self-preservation
Government, at its most basic, may be
considered as the exercise of power for a person’s self-preservation and
well-being and, therefore, is natural. Self-government is the first form of
government - one’s own exercise of power to defend against evil and to secure the
good. Equally naturally, the second form
of government is domestic government in which the father, by virtue of being a
father, has the power and the duty of defending his family members and seeking
their well-being.
Beyond self-government and domestic
government, however, a third form emerges. Although the duty of
self-preservation is inescapable and although the right of self-defence is
inalienable, a person or group of people may delegate their power in order
better to secure their well-being. This delegation of the power of
self-preservation is the basis of civil government. God intends for men to live
peaceably and so, “…supposing that men be combined in societies … it is natural
that they join in a civil society”.[19]
In fact, a community’s failure to “set … rulers over themselves” would be, “a
breach of the fifth commandment”.[20] In particular, the entrance of sin makes
civil government a necessity and without “kings and other judges … all human
societies should be dissolved”.[21]
A community of itself, because of sin, is
a naked society that can but destroy itself, and every one eat the flesh of his
brother; therefore God hath appointed a king or governor, who shall take care
of that community, rule them in peace, and save all from reciprocation of
mutual acts of violence.[25]
The supreme law
Repeatedly and
emphatically,
And if laws, then
certainly rulers are to be judged by the same criterion:
The genuine and intrinsical end of a king
is the good, (
Civil rulers as servants
The logic of this
may have sounded somewhat demeaning to Royalist ears but
The king, as king, hath all his official
and relative goodness in the world, as relative to the end. All that you can
imagine to be in a king, as a king, is all relative to the safety and good of
the people, (Rom. 13:4) "He is a minister for thy good”. He should not, as
king, make himself, or his own gain and honour, his end.[31]
The king, as a king, is formally and
essentially the "minister of God for our good," (Rom. 13:4; 1 Tim.
2:2) and cannot come under any notion as a king, but as a mean, not as an end,
nor as that which he is, to seek himself ... And God’s end in giving a king is
the good and safety of his people.[32]
Phrased
differently, the personal means is a servant and
Freedom and the “health of the people”
This, of course, invites
the question as to what constitutes the “good, safety, peace and salvation of
the people” and
A man being created according to God’s
image, he is res sacra, a sacred thing, and can no more, by nature’s
law, be sold and bought, than a religious and sacred thing dedicated to God. …
Every man by nature is a freeman born, that is, by nature no man cometh out of
the womb under any civil subjection to king, prince, or judge, to master,
captain, conqueror, teacher, &c.[37]
In fact, civil or political subjection is characteristic only of a
fallen world and is “a penal fruit of sin, and against nature … because all men
are born by nature of equal condition”.[38]
One aspect of the good and safety of the people is the maintenance of these
freedoms and when the actions of the civil government either allow or
themselves bring about unnatural and unjust subjection then those actions are
contrary to the God-given end of government.
A second aspect
of the good and safety of the people relates to this. A person’s freedom and
well-being are defined by the law of God and are violated when another human
being breaks that law as it bears upon the relationship between them. God’s law
prohibits theft and thus not-to-be-stolen-from is part of human freedom and well-being.
The restraint and punishment of thieves is the promotion of human good and
safety and is therefore a key component of the community’s delegated power of
self-preservation which is the basis of civil government.[39]
A pure and protected church and the health of the
people
Clearly, then,
the salus populi will include freedom
from theft, rape, murder and the like. But the first commandment is to worship
the true God and the next three commandments require that he be worshipped
truly. In this, supremely, the people’s good and safety consists. And since the
church is the promoter and guardian of the true worship of the true God, the
civil government’s relationship with the church will be an important aspect of
its faithfulness or unfaithfulness in discharging its God-given responsibility
of seeking the health and peace of the people.
The boundaries of
responsibility between church and civil government are not given much attention
in Lex, rex, although this was a
question to which
A king is a special gift from God, given
to feed and defend the people of God, that they may lead a godly and peaceable
life under him, (Psal. 78:71-2; 1 Tim. 2:2).[40]
Since the health
of the people is most bound up with pure worship, then the most intense,
indeed, the archetypal failure of civil government would be to require the
church to institute false worship. Only one thing worse could be imagined: the
attempt to impose false worship by force:
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.[41]
This, of course,
is exactly what
The health of the people a touchstone for questions
of government
If a nation seeth that aristocratical
government is better than monarchy, hic et nunc, that the sequels of
such a monarchy is bloody, destructive, tyrannous; that the monarchy compelleth
the free subjects to Mahomedanism, to gross idolatry, they cannot, by the
divine bond of any oath, captive their natural freedom, which is to choose a
government and governors for their safety, and for a peaceable and godly life.[42]
Again, in
considering the role of the lesser magistrates, the key consideration will be
the degree to which their presence or absence, effectiveness or ineffectiveness
secures the end of government:
These judges cannot but be univocally and
essentially judges no less than the king, without which in a kingdom justice is
physically impossible; and anarchy, and violence, and confusion, must follow,
if they be wanting in the kingdom. But without inferior judges, though there be
a king, justice is physically impossible; and anarchy and confusion, &c.
must follow.[43]
It is no surprise, in view of the
importance which Rutherford places upon the reasons for which government exists,
that when he comes to define tyranny he does so less by reference to the way in
which power is attained or maintained or to the demeanour of the ruler but by
reference to the end of government. A tyrant is one who uses power for purposes
other than those which God has assigned; a tyrant is defined not by how much
power he has or uses but by the purposes to which he puts his power:
Tyranny being a work of Satan, is not
from God, because sin, either habitual or actual, is not from God: the power
that is, must be from God; the magistrate, as magistrate, is good in nature of
office, and the intrinsic end of his office, (Rom. 13:4) for he is the minister
of God for thy good; and, therefore, a power ethical, politic, or moral, to
oppress, is not from God, and is not a power, but a licentious deviation of a
power; and is no more from God, but from sinful nature and the old serpent,
than a license to sin.[44]
Simply, there is “power to be a father” and
“power to be a tyrant”. The one is “power to fight for the people” and the
other “power to waste and destroy them”.[45] At every turn
And, as suggested
above, he has no doubt that Charles has badly failed the test. The charges are
repeatedly brought that the king has tried to “press … upon the people a false
and idolatrous religion”.[46] The “idolatry of bread-worship and popery”
which was being imposed was “as hateful to God as dagon-worship”[47]
and “the Service Book commanded, in the king’s absolute authority, all Scotland
to commit grosser idolatry, in the intention of the work, if not in the
intention of the commander, than was in Babylon”.[48] But what was “hateful to God” and “grosser
idolatry than was in
In response to
the objection that these were merely matters of interpretation, Rutherford
denies that “tyranny can be obscure long” but, deliberately choosing the number
thought to comprise the king’s army against Scotland in 1639-40, makes the
point that, “if a king bring in upon his native subjects twenty thousand Turks
armed, and the king lead them, it is evident they come not to make a friendly
visit to salute the kingdom, and depart in peace”.[49]
The health of the people as warrant for removing a
government
One step remains.
The end of government is the good and safety of the people. The form of
government, the assessment of rulers, the civil government’s relationship with
the church and the definition of tyranny are all to be judged in relation to
this. The final step is the recognition that if the community’s delegation of
the exercise of power for self-preservation is defined by and limited to the safeguarding
of the community’s health and peace, then it is understood to be a conditional
grant and one which may be withdrawn if the civil government does not meet the
conditions of the grant.
This flows
naturally from the inalienability of the duty and right of self-defence. If I
transfer my power of self-defence to an agency and that agency then exercises
power against me then since my transfer of power did not and could not involve
the alienation of the (inalienable) duty of self-defence but merely the
temporary and conditional delegation of executive power, I must resist that
agency and, so far as I am able, reverse the grant of power.
Again and again,
If the estates of a kingdom give the
power to a king, it is their own power in the fountain; and if they give it for
their own good, they have power to judge when it is used against themselves,
and for their evil, and so power to limit and resist the power that they gave.[52]
The community … may resume its power,
which it gave conditionally to the ruler for its own safety and good; and in so
far as this condition is violated, and power turned to the destruction of the
commonwealth, it is to be esteemed as not given.[53]
In summary, then,
government is the exercise of power for self-preservation. Civil government
receives a conditional transfer of such power from the community which does not
thereby forfeit its right or escape its duty of self-defence. The end of
government is the good of the people and is achieved by preserving their
natural liberty and equality, by restraining and punishing the evil-doer and by
protecting and supporting the church. Since the people’s highest good is found
in the true worship of the true God, the civil government’s most vicious and
reprehensible abuse of power would be in hindering such worship or, worse
still, imposing false worship. Nothing could be more contrary to the health and
safety of the people. In such a case, the people’s duty of self-defence would
require – at this point - resistance to the civil government and renunciation
of its power.
Who
or What Brings Civil Government into Being?
(The Efficient Cause)
OMITTED
What
is Government? What is the Essence of Government? (The Formal Cause)
OMITTED
What is the Civil Government made out
of? (The Material Cause)
OMITTED
...
Summary and
transition
The civil government, then, according to
Some
Questions for
There are many practical questions we
would like to ask Rutherford about the relationship between institutions in
society, about how precisely the distinctions which he lays down are to be
applied, about whether organizing the material in relation to Aristotle’s four
causes did not lead inevitably to a certain set of answers, about particular
phrases and concepts within Lex, rex, about
what we are to do for and in response to persecuting authorities and persecuted
brothers and sisters, and about what he, Rutherford, would do if he were with
us under judgment, where the marginalized church experiences – and even
embraces – cultural impotence and irrelevance. However, the key questions which
twenty-first century Christian readers wish to bring to the work cluster around
issues of salvation history. Modern readers would wish to question
Apart from the necessary geographical
spread of true religion, in what ways have the cross and resurrection of Jesus
and the outpouring of the Holy Spirit shaped – or made a difference to – your
political theory? Lex, rex gives the impression that the principles of civil
government are timeless laws rather than historical reflections of and upon
God’s saving work in Christ.
Similarly, what eschatological
perspectives do you bring to bear upon the nature and function of civil
government? Does Lex, rex reflect the realities of which Joel Garver writes:
Ecclesial order
and civil order … do not occupy two different spaces, but two different times: the church having an eternal end,
rooted in God’s past saving acts in Christ, made present now in word and
sacrament; the civil order having a temporal function within the present saeculum, ordained to continually pass
away, though its treasures are carried in the bosom of the church into the
eternal kingdom (Rev 21.24).[54]
Another way of asking the same question
would be to reflect upon O’Donovan’s determination to “place political history
within the history of God’s reign”.[55] Does Lex, rex do this?
There is an ecclesiological angle on this
too. How does your view of the church shape your view of the state and how does
your view of the state shape your view of the church? To what extent is Lex, rex simply
presbyterianism in civil affairs? What difference does the fact that the
church is a nation, a political entity and the only eschatological social unit
make to our understanding of the nation-state, to the possibility that a nation
may, as such, be in covenant with God, and to the relationship between the
civil authority in a nation and the church in that nation? Do you follow through the political
implications of your declaration that the church is “a free kingdom that oweth
spiritual tribute to none on earth, as being the freeborn princess and daughter
to the King of kings”.[56]
Aspects of biblical interpretation also
arise. Surely, no Christian would disagree with your view, as summarized by
John Coffey, that the Old Testament is “the magistrate’s most important
textbook”.[57]
However, it would be reassuring to have an explanation of the methods by which
you draw relevant distinctions about the applicability and conceptual transfer
of passages located in one cultural and redemptive-historical moment to
situations in a very different cultural and redemptive-historical moment.
Still on the question of authority, some
more definite biblical warrant would be welcome for the natural law axiom upon
which you lay so very much stress, namely, the duty of the individual human
person to seek his own well-being. The way that you combine it with emphatic
theocentricity reminds us of Baxter in your day and those who call themselves
“Christian hedonists” in ours. Both work as though there was a unqualified
command lawfully to defend ourselves and pursue our own good.
Putting these concerns together, we
recognize that the political theory of Lex,
rex is Christian, in so far as it is built upon the propositions of
Christian dogmatics. What is less clear is how far it is evangelical in the
sense that it expresses and is shaped by the gospel story which is the shape of
history itself. Admittedly, the whole approach only makes sense if orthodox
Christian teaching about “God” and “humankind” and “sin” and suchlike are true
but does this political theory reflect the newness and the strangeness of the
kingdom of God embodied in Jesus the servant and established by his death and
resurrection?
It is not hard to imagine that
The issue is
whether the hope of forming Christian culture in the wider society is inherent
to the Church’s mission, or a deviation from the Church’s mission. Should the
Christian ekklesia want to remake the
earthly city in her image?[58]
The centrality of the church, the
universal Lordship of Christ as the beloved of the Father, the civil
authority’s accountability not to the church but to Christ himself, the subordination
of all human institutions to God’s redemptive purposes are all assumed by
Rutherford. It is not that he is behind us in these matters but rather that he
is so far ahead that, unless we hurry up, he is about to lap us. He knows full
well that:
The church’s one
project is to witness to the
What we are relearning, he assumes.
Lessons of Christian politics are lessons of redeemed society; stern words to
the powers that be are part of fulfilling the Great Commission, to disciple the
nations and teach them to observe all that Christ has commanded.
Some
Questions from