1689 Federalism & America’s Founding

Did the subservient covenant view (which is brought to its logical conclusion and fullest expression in 1689 Federalism) have anything to do with the shift in theology that resulted in the 1788 American revision of the Westminster Confession and the founding of the United States? It would appear so.

William Findley (c. 1741 – April 4, 1821) was an Irish-born farmer and politician from Westmoreland County, Pennsylvania. He served in both houses of the state legislature and represented Pennsylvania in the U.S. House from 1791 until 1799 and from 1803 to 1817. By the end of his career, he was the longest serving member of the House, and was the first to hold the honorary title “Father of the House”. He was an anti-federalist (arguing that the proposed constitution established a general government and destroyed the individual governments, which turned out to be true) and opposed the first central bank. He was also at one point a Presbyterian ruling elder.

He was born into a strict Covenanter family in Ireland (both his father and grandfather were Covenanters). He educated himself from a young age on his father’s large library. However, Findley eventually came to reject the Covenanter beliefs and was influential in altering American views.

[M]y great esteem for, and confidence in, those who prescribed these rules, and testified even to the death for them, made it long before I durst trust my own judgment in calling them in question. My early prepossessions against other denominations, as unsound and unfaithful, also discouraged my enquiry… On this subject I conversed with the minister, and gave my reasons in writing… I was equally averse to withdrawing from the communion of brethren, in whose piety I had great confidence, without giving such reasons as I judged, on due deliberation, might probably have equal weight with them. The subject was held under deliberation, while I withheld my child from baptism. Finally, it was discussed in full presbytery, accompanied by extra-judicial conference, in which I bore a part. The result was an agreement… [that] was unanimously adopted.

-Observations on Two Sons of Oil, p. 211-217

In 1803 a Covenanter pastor in Philadelphia named Samuel B. Wylie wrote The Two Sons of Oil; or, The Faithful Witness for Magistracy and Ministry Upon a Scriptural Basis in which he argued that the United States was an illegitimate government because it allowed liberty of conscience and therefore did not have to be obeyed. Here is a :90 overview

In 1812 Findley responded with Observations on “The Two Sons of Oil”. I stumbled upon Findley after reading Steven Wedgeworth’s helpful essay “THE TWO SONS OF OIL” AND THE LIMITS OF AMERICAN RELIGIOUS DISSENT.

Findley’s work is really helpful because it shows the thinking of American Presbyterians at the founding of the United States. How did they go from the 1646 establishmentarianism of the Westminster Confession (the Covenanter view) to the 1788 American revision? I’ll make another post in the future summarizing Findley’s political philosophy, but here I just want to highlight the surprising similarities between Findley’s arguments against the Covenanter position and the arguments that I and others have made against the Covenanter position.

1. Moral law = natural law written

“the law of the ten commandments, which is a compend of the moral law of nature” (3)

“the ten commandments, viz. a transcript of the moral law of their nature;” (17)

“The law of the ten commandments was an abstract of the moral law of nature” (18)

“It is evident, from the context [of Romans 2:14-15], that by law here is meant the written law revealed by the prophets; and that by nature, is meant the remains of the law of nature in man, by which their moral conduct is governed; which shews that the office of conscience is the same in all men, whether they have the written word or not.” (79)

2. After the fall, revealed moral law is necessary to properly understand natural law

“That many have exalted human reason above the revealed manifestations of God and his law, I well know… Deists substitute human reason and their knowledge of the law of nature, in the place of supernatural revelation; and thus, like the Jews of old, reject the counsel of God against themselves” (80)

3. All other Mosaic law is positive law

“Every thing in the law of Moses, superadded to the moral law of nature, is positive or voluntary; and, therefore, changeable, according to circumstances and the will of the supreme legislator” (7)

“There is an evident distinction between moral precepts, and positive or voluntary appointments… Of this kind were all the additions made to the moral law, by the Mosaic institutions.” (8)

4. The general equity of Mosaic judicial laws (WCF 19.4) is the moral law

“The general equity of this, or any system, is in so far, the moral law; which, in the next section, those divines declare binds all men for ever.” (26)

“I have stated before, that what of the moral law is incorporated in the judicial law, is binding on all men.” (162)

5. The moral law itself does not prescribe punishment by the sword

“The moral law… prescribes no penalties to be executed by man for the breaches of it… This being the case, it follows of course, that human penalties for breaches of the moral law, are no part of that law itself, as it relates to God” (10)

Remember that Covenanters like Rutherford argued that some form of punishment was part of moral law on the basis of the common law of nations. In the below article, I pointed out there was no Scriptural basis for that claim and that we may not appeal to the common law of nations to determine the matter. What is very worth noting here is that Findley appeals to Scripture to argue that Rutherford and the Covenanters are wrong on this point. I happen to disagree with his argument (that penal laws changed from Cain to Noah to Moses), but the important point is that he sought to establish the point from Scripture, not the common law of nations.

“The penalties of the judicial law were not of moral and universal obligation, because they were not from the beginning. Sixteen hundred and fifty six years had passed away, before the precepts were given to Noah that were equally applicable to all mankind; and 2513 years, before the Israelitish Theocracy was instituted; which only continued to operate in a small territory, during 1491 years; and never was applied to, or intended for, other nations. It could not be administered, but at the place, and by the judges, appointed by God, as the peculiar king of Israel. The moral law of nature was the same before man revolted from God, that it was afterwards; and will continue to be the same for ever. There was no place or use for temporal penalties to be inflicted by man on his fellow men, before that revolt: consequently, they are not the moral law, but were necessarily introduced because of transgression, for the protection of civil society, that men might be enabled to live peaceable lives, in godliness and honesty.” (15)

[Note, I would revise my articulation of this point. Rather than arguing that all punishment by the sword is positive law instituted after the fall I am more inclined to argue that punishment by the sword is an exercise of man’s innate knowledge of lex talionis and its just use is therefore limited to defense and punishment for acts of violence against men.]

6. The Mosaic law is a unit and is thus abolished as a unit

“I find the law of Moses above fifty times expressly named or alluded to in the Old Testament, and as often, at least, in the New Testament, always as one law, and in no place with the distinction of judicial and ceremonial laws. The distinction, however, between moral and positive laws, is easily traced” (24)

Quoting Locke “the law of Moses is not obligatory upon christians. There is nothing more frivolous than that common distinction of moral, judicial and ceremonial law. No positive law can oblige any but those on whom it was enjoined. ‘Hear, O Israel,’ &c. restrains the obligation of the law to that people.—By a mistake of both Christians and Mahometans, it has been applied to other nations. The Israelitish nation themselves never did so, nor do the dispersed Israelites yet do so.” (25)

“the Sinai covenant is abolished; not in part, but wholly abrogated, disannulled, &c… no part of it remains obligatory on christians” (19)

“Having perfect confidence in the prophets and apostles, I do not suspect them of deceit—of saying a thing is vanished away, while it is only separated into two parts:—that instead of the Sinai covenant being abolished, it is divided into two Sinai covenants, the one of which is abolished, and the other remains in full force. If this had been the case, the prophets and apostles, being honest and inspired men, would have told us what was taken away, and what remained. I agree with the apostle Paul, that the whole of the Sinai covenant is abolished,” (94)

“Mr. Wylie, page 23, states, that ‘it is the magistrate’s duty to execute such penalties of the divine law, (meaning the peculiar law of Israel) as are not repealed or mitigated;’ [and another author says] ‘all the laws and precepts contained in the Old Testament, that are not repealed in the New, either by express precept, approven example, or by necessary consequence, are still binding—a law being once given, until it is repealed by the same authority, is still binding.’… Where either of them got the idea of repealing or mitigating divine laws, they have not informed us; certainly, however, they did not get it in their bible… I never read of a law for the mitigation of a law, but in the Sons of Oil. Positive laws have frequently been passed for special and local purposes, that ceased when the purposes were accomplished for which the legislature intended them… so did the whole additions to the moral law, contained in the Sinai covenant of peculiarity, when their object was accomplished, and the intention of the legislator fulfilled. They ceased, or were abrogated, but not repealed or mitigated… Divines have very commonly, for the sake of illustration, spoken of the peculiar law of Israel, under two distinct views, viz. as ceremonial, enjoining and regulating religious rites, and as judicial, regulating the courts of justice, &c. This distinction is often made without any injury to the subject; but having no foundation in the law itself, a precise line of distinction cannot be drawn… Divine wisdom has so intimately connected those precepts together, that they could not be separated. They, as a system, being the symbol or type of the New Testament church, were, like it, one body with many members… I find the law of Moses above fifty times expressly named or alluded to in the Old Testament, and as often, at least, in the New Testament, always as one law, and in no place with the distinction of judicial and ceremonial laws. The distinction, how- ever, between moral and positive laws, is easily traced” (21-24)

“On the freedom from the law of Moses, that great reformer, and emi- nently evangelical divine, Martin Luther, on Galatians iii. 19. shews at large, from the design and circumstances of giving that law, that it was to endure but for a short time, and on the well known allegory of the bond woman and the free—chap. iv. 21, &c. he shews the difference between the Jerusalem that then was, and was in bondage with her children, viz. the Jewish church, and the Jerusalem that is above, viz. the gospel church, which is the mother of all true believers. He agrees with the school doctors in the abolishment of the judicial and ceremonial law—but condemns the different senses they assign to scripture, and particularly their maintaining obedience even to the moral law, as a condition of acceptance with God, and that the unbelieving Jews erred in this respect, as much as in teaching obedience to the law of Moses, as a condition of justification with God. After proving this at large, he says: “There is also another abolish- ment of the law, which is outward, to wit, that the politic laws of Moses do nothing belong unto us.” That is to say, the parts of this law which belong to the civil administration of the Jewish government, have no relation to christians.” (180-181)

7. The Old Covenant was not the Covenant of Grace

“It is presumed that no christian believes that eternal salvation was promised in the Sinai covenant; or, in other words, that it was the covenant of grace… The Sinai covenant, as has been shown be- fore, was symbolical or typical of the kingdom of Christ, through which, as through a glass darkly, true believers saw Christ’s day and rejoiced. The author, however, takes no notice of the divine antitype, who ful- filled every law that man had broken, and made atonement for trans- gressions, nor of the spiritual kingdom which he had instituted, and of which he had expressly declared that it was not of this world” (51)

“The learned [Thomas] Scott, on Exodus xxiv. 3, 4. says, ‘the covenant of grace is not made with whole nations, or collective bodies of divers characters, but only representatively with Christ, as the surety of the elect, and personally with true believers. But whilst this covenant was made with the nation of Israel, in respect to their outward blessings, it was a shadow of good things to come’… This covenant was distinct, both from the covenant of works, of which Adam was the surety, and under which, every unbeliever, in every age and nation, is bound; and from the covenant of grace, mediated by Christ, of which every believing Israelite received the blessing… See the same learned author on Heb. viii.” (19)

8. The Old Covenant was made only with Israel and tied to the land

“the peculiar national covenant” (3)

“the national, commonly called the Sinai covenant, or law of peculiarity, because it originated at Sinai, and was only applicable to Israel.” (18)

“Now the intention of the Sinai covenant does not appear to have extended beyond the Israelites themselves” (9)

“The penalties enacted by the national law could only be executed within the bounds prescribed—Numbers, chap. xxxiv. Within these bounds, idolatry was not only a sin, as in other places, but it was, if committed by an apostate Israelite, treason against Jehovah, as their peculiar king. The iniquity of the devoted nations being full, they were to be destroyed; but no authority was given to punish idolatry out of those limits, nor even to carry their own worship out of the typically holy land.” (10)

“That this covenant, or national constitution, was local, viz. confined to a particular country, is evident through the whole transaction. The devoted nations are expressly described in different places, and the geo- graphical boundaries defined with precision, Num. xxxiv. 1–15. and the administration of the national law expressly limited to the land within those boundaries. Deut. iv. 14. “And the Lord commanded me at that time to teach you statutes and judgments, that you might do them in the land whither you go over to possess it.”… Those statutes and judgments were not to be administered in other lands.” (20)

“If the scripture foundation of the legislative authority, and infallibility of the church of Rome is unsound, where will the authors and other advocates of human legislatures, in and over protestant churches, find a scripture foundation to rest upon? Not on the law of Moses, because the operation and administration was intended for, and applied only to a peculiar people and precisely described territory, and the immediate superintendance of God, as before stated; and with relation to that pe- culiar people and territory, it waxed old and vanished away, agreeably to divine appointment. This is abundantly testified, both by the prophets and apostles. If this covenant and its laws were of general application, as plead by the authors, I demand proof of it, from the authority of the prophets and apostles. This they have not given, and cannot give. They make a general application of it on their own authority only, contrary to the testimony of the prophets and apostles themselves, on whose testi- mony, under Christ himself, the christian church is built.” (118)

“The law of Pennsylvania defines and provides for the punishment of both blasphemy and prophaneness, not because it is forbidden in the peculiar law of Moses, but because it is contrary to the moral law, and a corruption of manners. The law may yet provide for punishing idolatry on the same principles, but surely the law of Moses did not authorise it but in the symbolically holy land, where priests and Levites set as judges; nor to execute it on any but the devoted nations and apostate Israelites, and in defined cases.” (125)

“The Jews were not authorised to punish any idolatry but such as was expressly defined, and committed by persons expressly described, and within a territory expressly limited by divine authority.” (165)

9. God was uniquely the immediate king of Israel

“Within these bounds, idolatry was not only a sin, as in other places, but it was, if committed by an apostate Israelite, treason against Jehovah, as their peculiar king.” (10)

“Under the peculiar constitution of Israel, as a nation, Jehovah was not only their God, in the same relation in which he stood to all the families of the earth, but he was also the immediate and peculiar king of Israel, as a nation. In that character, every offence committed against the peculiar laws of the national covenant, or constitution, was not only an offence, or crime against these laws, but a sin against Jehovah, their king. This na- tional law did not forbid all offences against the moral law, nor authorise the courts to punish all the infractions of those laws, which were forbid- den in the Jewish law; very many of them have no penalty annexed, to be executed by man. All transgressions of, or want of conformity to the moral law, even though not prohibited in the national law, were sins, for which sinners must account to God at the final judgment. In that solemn and general decision, there will be no respect of persons or nations—no difference between Jew and Gentile.” (100)

“Criminal laws must be applied and executed agreeable to the express letter and plain meaning of the law in Israel; and where the case was doubtful, recourse was had to God, as their peculiar king. This was done in several instances by Moses in the wilderness, by Joshua, in the case of Achan, &c. In other cases, with respect to which God, as king of Israel, did not think proper to entrust man to execute his judgments for disobeying his laws, he reserved the execution in his own hand, and applied it as he thought proper.” (117)

“One government, indeed, was immediately instituted by God, of which he became the immediate king or supreme magistrate. In this government, certain offences against the moral law were subjected to the decision of those who acted as civil judges under Jehovah, as the im- mediate sovereign of that theocracy, or immediate government of God. But other offences against the moral law were tolerated, so far as to be withheld from the cognizance or punishment of the civil courts.” (164)

“God in the wilderness constituted Israel a peculiar nation, and condescended to become their immediate king, and instituted offi- cers to administer the government, under himself, who was always present in his sanctuary, to give them answers “in all things that they called upon him for.”—Deut. iv. 7. The government was put in operation in the wilderness, and disobedience to its authority was severely punished im- mediately by God, their king, and provision made for its administration when they would be settled in the promised land; and also the case fore- seen, of their rejecting God as their immediate king, and choosing a king, like the nations around them. Provision was made for tolerating this departure from the national law; provided, however, that the person should be designated by God, and exercise no legislative authority, but obey, and administer the law of Moses, agreeable to the copy thereof deposited with the priests and Levites.” (200)

  • Compare An Essay on the Kingdom of Christ by Abraham Booth “Now an external king, is a political sovereign : but such is not our Lord Jesus Christ, nor yet the divine Father. Once, indeed, it was otherwise : for, concerning the Israelitish nation, it is written : ” I,” Jehovah, ” will be thy king. Gideon said unto them, I will not rule over you, neither shall my son rule over you: Jehovah shall rule over you. Jehovah your God, was your king.”… Yes, Jehovah, as a temporal monarch, stood related to the ancient Israelites, and entered into a federal transaction with them at Sinai, not only as the Object of their worship, but as their King. Their judicial and civil institutes, their laws of war and of peace, various orders respecting the land they occupied, and the annual acknowledgments to the great Proprietor of it, were all from God, as their political sovereign.” and John Erskine’s “The Nature of the Sinai Covenant”

10. Old Covenant required outward obedience

“a fulfilling of the letter of the law satisfied the national covenant—it only required circumcision of the flesh; the moral law required circumcision of the heart.” (9-10)

Neither Pharisees nor Sadducees “could be excluded from communion, under that law” (10)

“The moral law not only reaches to overt acts, but to the thoughts and intents of the heart; the Sinai covenant only reached the outward man” (91)

“The moral law not only reaches to overt acts, but to the thoughts and intents of the heart; the Sinai covenant only reached the outward man; therefore the moral law of the authors is imperfect. It was never intended to be the moral law. To use the Saviour’s words, ‘It was not so from the beginning.'” (91)

“On the freedom from the law of Moses, that great reformer, and eminently evangelical divine, Martin Luther,… says… ‘There is also another abolishment of the law, which is outward, to wit, that the politic laws of Moses do nothing belong unto us.'” (181)

“Indeed, the moral and judicial law were enacted by the same Lawgiver, and coincided, as far as infinite wisdom saw it to be conducive to the grand ends in view: but as they were intended for such distinct purposes, they must in many things vary. The moral law commanded every thing spiritually good in its utmost perfection, and tolerated nothing wrong in the smallest degree: but the sentence of it is reserved ‘to that day, when God shall judge the secrets of men by Jesus Christ.’ The judicial law commanded nothing morally bad, and forbade nothing morally good; but as sentence according to it would be pronounced by the civil magistrate, it did not insist on the same perfection” (165-166)

11. Gen 9:6 refers to the practice of private individuals administering vengeance

“In this second infant state of the human race, too few in number to form a civil society, capable of enacting and executing penal laws, it pleased God himself, among other precepts, to prescribe death to be inflicted by man, as the penalty for murder; and as there were not, at that period, civil courts, or officers for public prosecution, he enjoined the brothers (explained to include others near of kin) of the deceased, to execute the sentence, under the penalty of God himself requiring his brother’s blood at his hands, as he had formerly done the blood of Abel at the hand of Cain. This precept, given to the family of Noah, then containing the whole human race, is still in substance equally applicable to all nations, and at all times. It is the only punishment adequate to the offence; but the appointment of the brother, or near of kin, to be the avenger of blood, arose from the then state of society, and pointed out the expediency of civil government, when men became sufficiently numerous for that purpose.” (11-12)

I disagree with the very last statement, but Findley recognized that Genesis 9:6 authorized private individuals to administer justice according to lex talionis.

12. Wheat and the Tares

“In every instance, in which hu- man uniformity has been enforced by the sword of the civil magistrate, many of the servants of Christ have suffered persecution. It is not in the wisdom of man to make a clean riddance of the tares from the wheat; and the Saviour has forbidden the attempt.” (67)

13. National Churches are unbiblical

“National churches, as such, being founded on human fallible authority, are not, in their national character, churches of Christ. I agree, however, with the learned Bishop Hoadly, (himself a dignitary of a national church) that they may be schools of instruction, and may, as well as several other denominations, contain Christ’s disciples within them.” (40)

“I agree with Dr. Owen, and other learned Puritan divines, that no such ecclesiastic authority (or branch, as the author is pleased to call it) as has been instituted by national churches, or even by churchmen in the third century, when they assumed a law making power over Christ’s house, and the falling away foretold by the apostle commenced, was instituted by Christ or his apostles. It was an addition to the laws of Christ, and God added to them all the plagues which the church underwent, through the long and dark night of the grand apostacy.” (43)

“I recommend the perusal of the histories of both church and state during the fourth and fifth centuries… The church of Christ had, before this period, fallen from her first love, and, like Israel of old, played the harlot; the shepherds of his flock had usurped a lordship over it; but in his standard period, the fourth century, they had transferred that lordship to the kingdoms of this world, or rather parted it between them, and to this day have never fully agreed what share of it each should possess. In proof of this, such ex- tracts from national and church history might be given, as would fill a volume; for the professed kingdom of Christ having become a kingdom of this world, the civil history of every nation, where christianity prevailed, is also a history of the church.” (52)

“the term toleration, in religious matters, among christians, originated from political religious establishments, introduced with other conceptions of chris- tianity, and too soon adopted, and too eagerly pursued after the refor- mation by protestant states, while they worshipped an idol of their own making, viz. uniformity, in obedience to rules of worship prescribed by human authority.” (113)

“Consequently, Europe produced at one period above twenty Popes, including the free and sovereign cantons and cities, as well as the sovereign kings, princes and dukes, who acted equal to the Pope of Rome in deciding definitively on religious truth… they gradually became convinced, that the establishment of the worship of their idol of uniformity, could not be supported; that it either made hypocrites, or excited their subjects to oppose it; and, in short, that they were not God’s vicegerents to judge of, or punish sin against himself. ” (114)

“I believe, with the apostles, the reformers, and the most celebrated modern divines, among whom I name the great Dr. Owen, that scripture is always sufficient to overturn error. That divine demonstrates, that those arms were always successful, until the church, and afterwards church and state, usurped a legislative authority in the church of Christ. That the spiritual armour would still have been so, if other armour had not been resorted to.” (117)

“There were, indeed, numerous martyrs in the seventeenth century. In France, Piedmont, and other popish countries belonging to Babylon the great, the mother of harlots—drunken with the blood of the saints; and there was also the blood of martyrs shed, and other grievous oppressions inflicted, both on the spiritual and temporal interests of christians, by the little Babylons, viz. the antichristian, political, protestant establishments in Britain and elsewhere, who, after the example of the author’s standard authority of emperors and councils, usurped Christ’s legislative author- ity over his body, the church; but he has not told us to which of these martyrs he appeals. I am still more at a loss to know what reformers he means. I know of no reformation which took place in the seventeenth century. There were, indeed, many great and pious divines who endeavoured to promote reformation, but without success. In Britain there was a successful struggle to overturn the prelatical hierarchy, and the superstitions ac- companying it; but the prevailing party in church and state substituted another tyranny in its place. Those, since called independents, consisting of such learned and godly divines as Goodwin, Burroughs, Nye, Simpson,9 &c. who had contributed largely to prepare the Confession of Faith and Catechisms, first opposed the political establishment, and then plead an exemption from the civil penalties of it, so far as to enjoy the right of ordination, &c. It was refused. They plead for toleration; it was refused. These men, who had been among the ornaments of the assembly, dissented from necessity.” (175-176)

“Here the historian admits, that the reformation was not perfect; that purity was only restored in a considerable degree; and that the church was delivered only from many, not from all the superstitions under which she lay disguised. This indeed was a fair and a blessed beginning of re- formation, but alas! its progress was stopped too soon; princes stepped into the throne of Christ, and made laws for his house; and they made it the temporal interest of the clergy to acquiesce with this usurped au- thority. Thus church and state combined to stop the progress of refor- mation, and said unto it, hitherto shalt thou come, and no further. Hence it came to pass, that, instead of a reformed church of Christ in Europe, we have a church of England, of Scotland, Holland, Sweden, Denmark, &c. each of them modelled by the authority, and agreeable to the policy or caprice of the respective civil governments. Hence arose a number of little Babylons, separated indeed by various shades of difference from the great Babylon, but, like her, in a greater or lesser degree, stained with the blood of the saints, and trading in the souls, i.e. the minds or con- sciences of men, and agreeing with her in the foundation on which she has erected her throne, viz. on a human legislative authority in Christ’s spiritual kingdom, paramount to the laws of Christ himself.” (180)

“I sincerely believe, that all the superstition and will-worship introduced in the primitive church, before it became united to, and governed by, the kingdoms of this world, were introduced with the purest intentions; and that the promoters of them believed that they were reformers. I have the same opinion of those, who, with ill-informed zeal, put a stop to advances in reformation at the threshold, by promoting anew the great footstep of antichrist to his throne, viz. the union of the church of Christ, which is not of this world, with the kingdoms and politics of this world, and thereby erecting a barrier against advances in reformation. From that time reformation, not only in theory, but in practice, has declined.” (228)

“It is well known, that, with exception of occasional revivings, the protestant churches have been losing ground, both in purity and power, ever since they were connected with, and governed by political influence. I will appeal to every true protestant acquainted with church history, for the truth of the following fact, viz. that no political church has ever reformed itself, further than contributed to its own temporal aggrandizement, including the civil government with it, to whose tyranny the clergy of such churches almost always became subservient.” (229)

“To the advocates of persecution I wish to address a few thoughts. All the arguments of Bellarmin20 and Bossuet, assisted by all their army of popish doctors; all the sophistry of Bolingbroke,21 Hume, Voltaire,22 Gibbon, and the whole phalanx of deists, even with the assistance of the Socinians, cannot injure the cause of christianity so much, as one instance of persecution by real protestants, in support of their divine religion. Pure christianity depends on other authority than the gallows, or the faggot, fines or forfeitures. Having recourse to these in its sup- port is, in fact, giving up the cause. It is an open acknowledgment, that it cannot be supported by scripture and reason. If so, it is not of God, and ought to be given up. The first reformers, except Zuinglius, were opposed to civil govern- ment making laws for the church. Calvin contended against it; so did the reformers of Scotland—but unhappily, that church called on the state to support its censures by civil penalties; this soon after turned against their successors with severity. The doing so was inconsistent with the doctrine on which the reformation was built, which was the scrip- tures, addressed to the consciences of individuals. The division of presbyterians into numerous sects, especially in Brit- ain, and from thence carried into this country, all of them holding the same faith, and, at the same time, as far as in them lies, unchurching each other, originated, as I have said, with political tests, enforced by civil authority; every new test became a new snare, and source of endless division and animosity. I speak here of those sects who profess to adhere to the Westminster Confession of Faith, and Presbyterian Church Government.” (237-238)

14. Liberty of Conscience

“The constitution, in this instance only, reserved what they had no moral power to take away. The master has not the power of taking the right from his slave of worshipping God agreeable to his own knowledge of his perfections and his will. Worship offered in obedience to the mas- ter’s knowledge and judgment of the will of God, that is, the master’s conscience, would indeed be a mockery; it would be insulting to the all-seeing God, who knows our thoughts before we utter them. If the slave has this right, it must be unalienable. The representatives of Penn- sylvania in convention, could have no greater claims on the obedience of their constituents, than masters have over their slaves. They could not oblige them to worship agreeable to their own reason and judgment, on an implicit faith. All acceptable worship is a reasonable service rendered in faith, agreeable to the discoveries of the will of God, as revealed to the worshippers. If he is ignorant, or ill-informed of it, his sin, if information is attainable, is but worship rendered agreeable to the judgment of another man, contrary to his own, is a presumptuous sin, nearly approaching to that which has no forgiveness.” (78)

“I believe the hearts of all men are depraved, viz. have a corrupted nature, but that many in- crease their own depravity by habits of wickedness; but I ask the author whether he thinks that compelling them by civil penalties to profess or practice what they believe not to be true, or to be sinful, will remove that depravity, or increase it? He thinks it will remove it, or else he would not recommend the practice. I think directly the contrary, and have scrip- ture and the experience of all ages on my side. Dealing deceitfully or in guile with the heart-searching God, and obeying man in preference to him, is, in scripture, branded as a sin of the deepest dye.” (82)

“Our governments are necessarily imperfect, being the work of imperfect men; but I sincerely bless God for it, that they have not usurped God’s sovereignty over the conscience, and are not stained with having or exercising the dreadful power of persecuting for obeying God, rather than man. In this, the United States have set a laudable example to other nations, and the ministers of Christ are not entangled in the affairs of state. If, in the constitution, instead of reserving to every man the right of wor- shipping almighty God agreeably to the dictates of his own conscience, it had been expressed, that no man should be compelled to worship God agreeably to the dictates of the consciences of any other man or body of men, it would have an- swered precisely the same purpose, and probably have been less liable to the cavils of those that are skilful to find fault.” (85)

“the question at issue is, whether we shall worship God with our own, or with another man’s conscience. The apostle served God with his own conscience, so do all acceptable worshippers; this I advocate.” (86)

“[Wylie’s] observations of the importance of real religion to the happiness of a nation, are very just, agreeing with Proverbs xiii. 34. “Righteousness exalteth a nation, but sin is the reproach of any people.” For this reason I am opposed to laws calculated to promote hypocricy, viz. prevarication with God and man. Against such the Saviour pronounces the most tremendous woes… Civil government, using its power and influence to increase that guilt, is contributing to increase national guilt, and call down desolating judgments.”

“The author, p. 24. quotes from the Larger Catechism the duties required in the second commandment, which are there described to be “the detesting, disapproving, opposing all false worship, and, according to every one’s place and calling, removing all monuments of idolatry.” Though I do not substitute the Westminster, nor any other human fallible authority, or creed of any church, for scripture, yet with the above I most heartily agree. I hereby declare that I detest, disapprove, and oppose all false worship, and, according to my place and calling, endeavour to remove all monuments of idolatry. As a proof of the truth of this, I offer my present endeavours to remove the idolatry of the ratifying and sanctioning power of the laws of the most high God, by the civil magistrate, as he does civil laws, and, consequently, of setting human authority above the divine, and other errors which this idolatry brings in its baleful train.”

15. Nurse Father = physical protection

“Civil governments, appointed by the people in pursuit of their own happiness, are under a moral obligation to protect all men who lead quiet and peaceable lives, and punish such as do not; they are, in so doing, nursing fathers to the church, which few of them have ever been.” (77)

“The author himself quotes the authority of the prophet Isaiah, xlix. 23. “Kings shall be thy nursing fathers,” &c… The worship of God is completely protected by the government of the United States. The magistrates, indeed, have not turned preachers, to feed believers with the sincere milk of the word. It is believed this was not intended by the prophet, nor meant by the author. The prophecy is, therefore, in part fulfilled by the government of the United States, as a prelude to its more full accomplishment in the millennium, which I believe is certainly approaching; but not such as many expect, not a worldly kingdom.” (122)

Conclusion

In the clearest articulation I have found of the theology behind the American changes to the Westminster Confession and its political philosophy we see also a clear rejection of Westminster’s Covenant Theology. An established, national, parochial visible church is foundational to Presbyterianism, rooted in Israel’s ecclessiology. A rejection of a national church and all it entails requires a rejection of Presbyterianism’s covenant theology as well.

7 thoughts on “1689 Federalism & America’s Founding

  1. Good Afternoon,
    I’ve thought about this article recently and I have a related, yet tangential question. Would you happen to know of any resources that compares the American Presbyterians’ view of just war theory to the view associated with the Westminster Presbyterians? In other words, would American Presbyterians view “just war” in the same way as Westminster Presbyterians? Also, is the theology which undergirds just war theory for the Westminster Confession connected in any way to the original 1646 Westminster text regarding the role of the civil magistrate?

    The reason that I ask is because the Westminster Standards hasn’t changed in regards to this point. For example, in addressing the prohibitions in the 6th commandment, the Westminster Larger Catechism Q. 136 states the following:

    “The sins forbidden in the sixth commandment are, all taking away the life of ourselves,or of others, except in case of public justice, lawful war, or necessary defense…”

    This is consistent with Ch. 23 of the Westminster Confession which states in paragraph 2:

    “It is lawful for Christians to accept and execute the office of a magistrate when called thereunto; in the managing whereof, as they ought especially to maintain piety, justice, and peace, according to the wholesome laws of each commonwealth, so, for that end, they may lawfully, now under the New Testament, wage war upon just and necessary occasions.”

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    1. Craig

      Just to tack on my little knowledge in regards to this, it seems to me that if anything, the principles undergirding the magisterial reformation’s reforming of the doctrine of just war with regards to ‘heathen nations’ actually coalesce (with other things) into the American revisions of civil power. Especially the comment about just war being defensive, and that idolatry is intrinsically an injury to God, and only circumstantially an injury against neighbor (when it disrupts God’s polity). Once the kingdom of God and his covenant are narrowed to the church (defined de jure and as an organism in terms of the elect, and with the church polity as a government of the same), then discussion of circumstantially injuring neighbors by idolatry is limited to the context of the congregation, and ecclesiastical power, which is ministerial, is alone brought to bear. Between American separation of powers and the subservient covenant, arguably the ideas nascent in the earlier Reformed thought were able to come to a more full and consistent expression. To me, the magisterial Reformed tend to be in tension between a division of power into kingly & priestly (Episcopal), and a division of civil & ecclesiastical (congregational). What is always missing is the recognition of the implications of Israel’s unique de jure divino polity. Fundamentally, this polity has been transferred to the invisible church. But it sure is an interesting idea to mull over.

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      1. Craig

        Of real interest here actually, is a quote provided by our esteemed blog author here: http://reformedlibertarian.com/articles/theology/hortons-contrived-empire/

        “The reference to the whore of Babylon being destroyed is taken from Revelation 17:14-16, one of the proof texts cited by the Westminster divines as biblical justification for the civil magistrate’s duty of waging war “upon just and necessary occasions.” Revelation 17 was thus interpreted as a prophetic mandate for godly magistrates of properly constituted Reformed nations to wage war on behalf of the cause of the Protestant Reformation.
        In the 1788 revision, this proof text was removed from the Scriptural basis of just war, while the other texts from the NT were retained. Yet the Confession itself remains unchanged at this point, because American presbyterians also affirmed that civil authorities may “wage war upon just and necessary occasions.” What has changed is that now American Presbyterians do not include religious war for the sake of advancing the Protestant faith to be one of the just and necessary occasions. Were we bound to follow the original intent of the Westminster divines at this point, the amended Confession would contradict itself.
        Lee Irons, Theonomy and the 1788 American Revision of the Westminster Standards

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  2. Pingback: Hodge on Owen’s Influence Over American Presbyterians | Contrast

  3. Pingback: Re: New Geneva Podcast on Baptism | Contrast

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