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Penalties Prior to the Cross

The essence of Theonomy, in terms of what makes it aberrant to the theology of the Confession of Faith, is not establishmentarianism; it is its commitment to see the Old Testament penal code enforced. The Free Church of Scotland is not an anti-establishmentarian Church, but it is on record against Reconstructionism and Theonomy.

From the time that Constantine became sole emperor of the Roman Empire in A.D. 324 and set about to make Christianity the religion of the Empire, large numbers of Christians have lived under a government that patronized some form of Christianity. That was true in Byzantium, where the emperor was effectively over the Church, and it was true in the West, where the Pope was effectively over the petty rulers of Europe. (Of course, unlike Byzantium, there were ups and downs in Europe, ranging from Henry IV's penance before Gregory VII at Canossa to several popes adventures at Avignon.)

The United States is something of an historical anomaly. Yet, even here, a kind of broadly Protestant, establishment of religion existed in most of our states until the second half of the twentieth century, when the First Amendment ("Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . ") was interpreted and applied to the individual states in fairly sweeping ways. But in the strict sense of the word, the United States has historically rejected a state church, certainly at the national level.

American anti-establishmentarianism is seen the modification of Westminster Confession of Faith on the Civil Magistrate, Chapter XXIII, paragraph iii.

The original, British version reflects the traditional Christian position from the time of Constantine, who called the Council of Nicea: 
"The civil magistrate may not assume to himself the administration of the Word and sacraments, or the power of the keys of the kingdom of heaven: yet he has authority, and it is his duty, to take order that unity and peace be preserved in the Church, that the truth of God be kept pure and entire, that all blasphemies and heresies be suppressed, all corruptions and abuses in worship and discipline prevented or reformed, and all the ordinances of God duly settled, administrated, and observed. For the better effecting whereof, he hath power to call synods, to be present at them, and to provide that whatsoever is transacted in them be according to the mind of God."

The American revision states:
"Civil magistrates may not assume to themselves the administration of the Word and sacraments; or the power of the keys of the kingdom of heaven; or, in the least, interfere in matters of faith. Yet, as nursing fathers, it is the duty of civil magistrates to protect the church of our common Lord, without giving the preference to any denomination of Christians above the rest, in such a manner that all ecclesiastical persons whatever shall enjoy the full, free, and unquestioned liberty of discharging every part of their sacred functions, without violence or danger. And, as Jesus Christ hath appointed a regular government and discipline in his church, no law of any commonwealth should interfere with, let, or hinder, the due exercise thereof, among the voluntary members of any denomination of Christians, according to their own profession and belief. It is the duty of civil magistrates to protect the person and good name of all their people, in such an effectual manner as that no person be suffered, either upon pretense of religion or of infidelity, to offer any indignity, violence, abuse, or injury to any other person whatsoever: and to take order, that all religious and ecclesiastical assemblies be held without molestation or disturbance."

What makes Reconstructionist Theonomy contrary to the Confession and to the historical position of the vast majority of Christians is its obliteration of the distinction between the moral law and the civil laws of Old Testament Israel. Historically, Christians have believed that the moral law was also encompassed within natural revelation. God's moral law is exhibited in the Ten Commandments, but it is also known to all men, even to those who have never seen a Bible. Therefore, all governments on earth should mirror God's moral law in their own individual legal systems. Calvin's position and that of the Confession of Faith is that while the moral law is binding on all men, the case laws of the Old Testament and their penalties expired: "To them also, as a body politic, he gave sundry judicial laws, which expired together with the State of that people; not obliging any other now, further than the general equity thereof may require." (Westminster Confession of Faith, XIX, iv)

Bob Vincent