Showing posts with label Answering Theonomic Critics. Show all posts
Showing posts with label Answering Theonomic Critics. Show all posts

Saturday, January 6, 2018

Spirit of the Law -- a critique of Dr. Joel McDurmon’s Cherem Principle as put forward in his book, The Bounds of Love (by Robert J. Hoyle)

According to Joel McDurmon's Cherem Principle (in his book "The Bounds of Love"), civil penalties for violations of the First Table of the Law should no longer be enforced, as well as the death penalty for sodomy, adultery, and bestiality. 

Robert J. Hoyle has written a critique of Joel McDurmon's Cherum Principle in a piece titled "Spirit of the Law -- a critique of Dr. Joel McDurmon’s Cherem Principle as put forward in his book, The Bounds of Love." We highly recommend this article, which has been endorsed by the great theonomy defender Joseph Morecraft, III. Morecraft writes in the forward:
Robert Hoyle’s article is a well-written corrective of Joel McDurmon’s innovative interpretation of the relationship between biblical law and the civil government in his book, “The Bounds of Love.” Hoyle’s article is representative of solid biblical exegesis, consistent use of the grammatical-historical hermeneutic, and of an earlier and more biblical theology of Christian Reconstruction. I look forward to more books and articles by R. J. Hoyle expounding and defending the historic reformed faith and biblical ethics.
McDurmon’s interpretation greatly limits the role of civil government in opposing evil in our culture. Because of that, it will have the unintended effect of emboldening evil people. I have learned much from Joel McDurmon; he has a mind for the universe, narrowed by Jim Jordan’s hermeneutic. My sincere prayer is that God would bless R. J. Hoyle in everything he sets his hand to do as he is faithful to Him.
Read "Spirit of the Law -- a critique of Dr. Joel McDurmon’s Cherem Principle as put forward in his book, The Bounds of Love" by Robert J. Hoyle here.



Thursday, April 9, 2015

Matthew 5:17 as a Basis for Theonomy in History



The understanding of Mathew 5:17 as a basis for theonomy is nothing new. We find it
in the Reformation, post-Reformation, and all the way back in Alfred the Great's
theonomic code written in around 890 -- the Code of Alfred, England's first
written law code, which would influence English Common Law.


"Do not think that I have come to abolish the Law or the Prophets; I have not come to abolish them but to fulfill them. For truly, I say to you, until heaven and earth pass away, not an iota, not a dot, will pass from the Law until all is accomplished. Therefore whoever relaxes one of the least of these commandments and teaches others to do the same will be called least in the kingdom of heaven, but whoever does them and teaches them will be called great in the kingdom of heaven." (Matthew 5:17-19)



Modern theonomy is often defended on the basis of Matthew 5:17 and subsequent verses, which are believed to affirm the abiding validity of the moral law, including the moral equity of the judicial laws of Moses. (Matthew 5:17 in particular says: "Do not think that I have come to abolish the Law or the Prophets; I have not come to abolish them but to fulfill them.")

However, some opponents of theonomy may hold that this is a new understanding of such verses—that they were never understood in this way before in Christian history; at the most, such opponents might hold that the historical understanding simply had in view the moral law divorced from the moral equity of the judicial law. 

(Although they may affirm that it historically allows for the moral equity of the judicial law, but misunderstand what that actually entails; and at the same time, erroneously hold that modern theonomy's view of the judicial law goes beyond the concept of moral equity. For a refutation of this understanding, click here.) 

But it is in fact the case that, in regards to the judicial law, Matthew 5:17 has been understood by some in Christian history as modern theonomists understand it. 

And not by unimportant people—but by one of the greatest Christian rulers in history, Alfred the Great; as well as some of the greatest theologians in history, including John Knox, George Gillespie, and John Cottonand very likely Ulrich Zwingli

Not only this, but Matthew 5:17 provided a theonomic basis for the Code of Alfred, England's first written legal code, which would influence English Common Law; as well as a theonomic basis for the general equity of the judicial laws of Moses in the Westminster Confession of Faith—one of the greatest, and most influential, confessions of all time. 

Historical quotes are included below.


Alfred the Great (849-899), the First King of England, Defeated the Viking Invaders of England, Author of England's First Written Legal Code

In around 890 Alfred the Great implemented the Code of Alfred, England's first written legal code, which would influence English Common Law. Much of this code is based on the judicial law of the Old Testament. 

In providing a theonomic basis for the Code, Alfred writes the following, where he at least has in mind Matthew 5:17:
These are judgments which Almighty God Himself spoke to Moses and commanded him to keep. Now, since the Lord's only begotten Son our God and healing Christ has come to Middle Earth — He said that He did not come to break nor to forbid these commandments but to approve them well, and to teach them with all mildheartedness and lowlymindedness.[1]
On this law code, as well as Alfred's use of Matthew 5:17, Francis Nigel Lee writes:
Alfred's most important work was certainly his Law Code. It is preceded by a long introduction. This contains translations not only of the Ten Commandments, but also of many other passages from the book of Exodus. It is followed by an excerpt from Christ's Sermon on the Mount and by a brief account of apostolic history (with quotations from the apostolic book of Acts). There, Alfred stresses the "jots and tittles" alias the minutiae of God's Law and His Prophets (Matthew 5:17f); the "Golden Rule" (Matthew 7:12); and the God-inspired decision of the First General Assembly of the Christian Church — in order to teach God's Law and His Prophets (Amos 9:11f) as well as His Gospel also in the congregations of Christ (Acts 15:15-29 & 16:4f). ...
Alfred declares that when Christ came to the Mediterranean World (or 'Middle Earth'), He Himself did "approve" the "judgments" alias the judicial laws. Very far from ever having abrogated or destroyed them — He Himself therefore still requires that at least their 'general equity' be observed. 
This was clearly also Alfred's own understanding and legislative endeavour. He does, of course, certainly distinguish between the Old-Israelitic format of the judicial laws of Moses on the one hand — and the general equity thereof, on the other. This can be seen by King Alfred's own adaptation of those Old-Israelitic case laws to meet the different conditions of early-mediaeval Anglo-Saxon Britain. Compare, for example, Alfred's own laws 11 & 27 & 44-47. Yet, in so adapting, King Alfred clearly preserves and enforces within English Common Law the general equity of those Old-Israelitic judicial laws.[2]
Here we list the Code's capital sanctions, along with the Scriptures they are based on (those we added are in brackets; the others are added by Francis Nigel Lee in his scholarly work King Alfred the Great and our Common Law, our source here):
Sacrificing to false gods:
"Also let him who offers sacrifices to the gods — except to God alone — suffer death!" [Exodus 18:20]
Witchcraft:
"Don't let women live who are wont to receive enchanters and conjurers and witches!" See: Exodus 22:18.
Striking one's parents:                                           
"He who smites his father or his mother — shall suffer death!" [Exodus 21:15]
Kidnapping:
"He who steals a Freeman and sells him, and it be proved against him, so that he cannot clear himself — let him suffer death!" [Exodus 21:16]                      
Bestiality:
"Let him who has intercourse with cattle, suffer death!" See: Exodus 22:19. 
Murder:
"The man who intentionally slays another man — let him suffer death! He, however, who slay him out of necessity or unwillingly or involuntarily — as when God may have sent him into his power, and when he had not lain in wait for him — he is worthy of his living and lawful fine, if he [the involuntary manslaughterer] seeks asylum. But if any one presumptuously and wilfully slays his neighbour through guile — drag him from My altar, so that he should suffer death!" See: Numbers 35:11-33, Genesis 9:5-6.
Murdering one's servant:
"He who smites his own bondservant or bondswoman — if he or she does not die the same day but still lives for two or three nights — he is not at all so guilty [of death]: for it was his own chattel. However, if he or she die the same day — put the guilt upon him [the overlord]!" See: Exodus 21:20-21.
Murdering a thief:
"If a thief breaks into a man's house at night, and he be slain there — he [the slayer] is not guilty of manslaughter! If he does this after sun-rise, he is guilty of manslaughter; and he himself shall then die — unless he slew out of necessity! If he [the thief] be caught red-handed with what he previously stole — let him pay twofold for it!" See: Exodus 22:2-4.  
Killing a pregnant woman:
"If anyone, while fighting, hurt a pregnant woman — let him pay a fine for the hurt, as the evaluators determine! If she die — let him pay soul with soul!" See: Exodus 21:22-23.

For more details of the Code, see King Alfred the Great and our Common Law, pp. 9-14.


Notes
_____________________________

[1] Cited in Francis Nigel Lee, King Alfred the Great and our Common Law (Brisbane, Australia: Queensland Presbyterian Theological Seminary, 2000), 7.
[2] Ibid., 6, 7.
[3] Cited in Ibid., 10-12.

photo credit for Alfred the Great statue:

Statue of King Alfred the Great, Wantage, Oxfordshire
© Philip Jelley Philipjelley / Wikimedia Commons (CC BY-SA 3.0) (license)
Retrieved April 7, 2015 from http://commons.wikimedia.org/wiki/File:King_Alfred_the_Great_statue,_Wantage,_Oxfordshire.jpg
cropped


Ulrich Zwingli (1484-1531), Founder of Swiss Protestantism, "the First Reformed Theologian"




According to  V. Norskov Olsen,
Zwingli states his concept of Christ's relationship to the judicial laws of Moses when he writes: "Christ brought nothing new into the law of the fathers, but He made fresh the old commandments, and did away with human traditions."[1]
Here Zwingli seems likely to be appealing to the Sermon on the Mount, including Matthew 5:17 and later verses (where Christ affirms the abiding validity of God's law and corrects the traditions of men who oppose it).

We also find in Zwingli's writings affirmations of particular judicial laws, and so he "was able to invoke the Mosaic penalties for adultery, witchcraft and offences against property."[2] He also supported the Mosaic law's death penalty for striking a parent.[3]


Notes
_____________________________


[1] V. Norskov Olsen, The New Testament Logia on Divorce, 65. 
[2] P. D. L. Avis, "Moses and the Magistrate: A Study in the Rise of Protestant Legalism," Journal of Ecclesiastical History, vol. 26, no. 2 (April 1975): 13. Retrieved June 13, 2014 from http://www.contra-mundum.org/essays/theonomy/Avis.pdf.
[3] Ibid.



John Knox (1514-1572), Scottish Reformer, Founder of Scottish Presbyterianism 

John Knox held that all are bound to the same civil laws given to the Jews (at least those that were not particular to the Jewish nation). At least one reason he bases this on is Matthew 5:17, which is seen in his Appellation, where he writes this in defending the Bible's prohibition of idolatry: 
But if any think, that after the Gentiles were called from their vain conversation, and by embracing Christ Jesus were received into the number of Abraham's children, and so made one people with the Jews believing: if any think, I say, that then they were not bound to the same obedience, which God required of his people Israel, what time he confirmed his league and covenant with them; the same man appeareth to make Christ inferior to Moses, and contrarious to the law of his heavenly Father. For if the contempt or transgression of Moses' law was worthy of death, what should we judge the contempt of Christ's ordinance to be?—I mean after they be once received.—And if Christ be not come to dissolve, but to fulfill the law of his heavenly Father; shall the liberty of his gospel be an occasion that the especial glory of his father be trodden under foot, and regarded of no man? God forbid.[1]
Therefore, Knox calls the death penalty for idolatry "perpetual."[2] He also argues elsewhere that "the eternall God in his Parliament has pronounced death to be the punishment for adulterye and for blasphemye."[3] Regarding the latter, he says this in a piece rebuking those who opposed the execution of Servetus:
Ye will not easily admit that Servetus was convicted of blasphemy; for if so be, ye must be compelled to confess (except that ye will refuse God) that the sentence of death executed against him was not cruelty; neither yet that the judges who justly pronounced that sentence were murderers nor persecutors; but that this death was the execution of God's judgment, and they the true and faithful servants of God, who, when no other remedy was found, did take away iniquity from amongst them. That God hath appointed death by his law, without mercy, to be executed upon the blasphemers, is evident by that which is written, Leviticus 24.[4]  
In this same piece, Knox likewise refers to Matthew 5:17 in defending the abiding validity of the judicial laws of Moses:
Where ye ask, If these be the sheep which Christ sent forth in the midst of wolves, and if the sheep can persecute the wolves? And I demand for answer, Whether Moses was a sheep or a wolf, and whether that fearful slaughter executed upon idolaters, without respect of persons was not as great a persecution as the burning of Servetus and Joan of Kent? To me it appeareth greater. For to them was granted no place of repentance; no admonition was given unto them, but, without further delay or question, was the brother commanded to kill the brother; yea, the father not to spare the son [Lev. 23.] I think, verily, that if judgment should be referred unto you, that then should Moses and the tribe of Levi be judged wolves, sent to devour innocent sheep. But because we know what God hath allowed, we the less fear the judgment of man. If ye claim any privilege by the coming of the Lord Jesus, himself will answer, "that he is not come to break nor destroy the law of his heavenly Father."[5]

Notes
_____________________________

[1] "The Appellation of John Knox," in John Knox, The History of the Reformation of Religion in Scotland (Edinburgh: Blackie, Fullarton, & Co. and A. Fullarton and Co., 1831), 393. 
[2] David Laing, ed., Works of John Knox: Volume 2 (Edinburgh: 1864), 447. Cited in Martin A. Foulner, ed., Theonomy and the Westminster Confession: an annotated sourcebook (Edinburgh: Marpet Press, 1997), 47.
[3] Laing, Works of John Knox: Volume 2, 339, 340. Cited in Ibid., 46.
[4] John Knox, "The Execution of Servetus for Blasphemy, Heresy, & Obstinate Anabaptism, Defended," covenanter.org. Retrieved July 2, 2014 from http://www.covenanter.org/Antitoleration/knoxdefended.html.
[5] Ibid.


Johannes Piscator (1546-1625), Bible Commentator and Translator, Important Influence on Reformed Thought on the Judicial Laws

Piscator, unfortunately, later in life succumbed to the Arminian heresy, and also opposed the active obedience of Christ in justification. However, according to Adam Jonathan Brink, 
[I]n his views of the Mosaic Judicial Laws, Piscator represents a consistent train of Reformed thought on the subject, including the early developments of Bucer, Peter Martyr, Musculus, and Beza, and the later clarifications by men like Franciscus Junius and Immanuel Tremellius, whom he cites as influences on his thinking. Piscator, in turn, would profoundly affect men like Rutherford, Gillespie and other Covenanters and Puritans, and through them, the Westminster Confession of Faith.[1]
(In this piece we include statements by George Gillespie and Thomas Edwards that favorably mention Piscator when advocating Matthew 5:17, and/or 5:38 [which is in context of 5:17]).

Piscator affirms Matthew 5:17 as a basis for the abiding validity of the judicial laws of Moses; he also appeals to Matthew 5:38 (which is in context of 5:17) to affirm the same:
I take my second point from the words of our Lord to the disciples: Do not suppose that I have come to annul the Law or the Prophets; I came not to annul, but to fulfill. If Christ came to fulfill the Law and the Prophets, he came likewise to fulfill the Judicial Laws of Moses. The reason being: because they are part of the Law, and because the Prophets also exhorted the judges and governors of the people of God to observe them. But if the first proposition is true, then therefore the latter is confirmed. 
Now, it is asked, in what sense it may be said that Christ has fulfilled the Judicials of Moses. There are only two methods by which he might have fulfilled the Judicials, namely, it may be said that they have been fulfilled either by doing what they command, or by teaching and exhorting others to do them. That first mode was not fitting for Christ's position, in that his calling from God was not as a judge, or governor of the state or civil matters. Whence, indeed, he refused to sentence the adulteress brought to him by the Scribes and Pharisees. And of his own accord, he rejected the man who entreated him to order his brother to divide the inheritance with him, saying, Listen, who ordained me as a judge or divider over you? Therefore, that leaves the latter mode, as we should say, Christ has fulfilled the penalties of the Judicial Laws of Moses by teaching others to observe them. 
As anyone may clearly see, he has vindicated one of the Judicials from the false interpretation of the Scribes; namely, the law concerning retaliation, and by teaching the same, he confirms that all of the Judicial Laws of Moses (which give orders concerning punishments), being understood in their natural sense, are to be observed by the judges of the people of God in the New Testament. [2] 
And so, as Piscator elsewhere states, "Judicial Laws of Moses should pertain to Christians"—specifically, "the very same which are concerned with punishments of moral offenses."[3]

Notes
_____________________________

[1] 
Johannes Piscator, Disputations on the Judicial Laws of Moses, trans. Adam Jonathan Brink (Shenandoah Valley, VA: Pacioli Associates Trust, 2011), x.
[2] Ibid., 19-21.
[3] Ibid., 23.


Thomas Edwards (1599-1647), Influential Puritan Preacher and Writer

Thomas Edwards affirms the abiding validity of the judicial laws via Matthew 5:17, and further does so with Matthew 5:38, 39 (which is in context of 5:17):
The Judicial Law differs from the Decalogue, the Law of the ten Commandments, in this, that whereas the Decalogue comprehends in a few words all righteousness and equity, in all kind of duties to God and man, the Judicial explains only that part of righteousness and equity which stands in those things of which judgement are appointed; and therefore seeing the judicials prescribe the equity of judgement which is a part of the Decalogue we must be bound to that as we are to the rest of the Decalogue, viz. so far as they contain a general equity though we are not tied to the forms of the Mosaical polity; 
Now Christ saith, Matth. 5. 17. he came not to destroy the Law, but to fulfill it; which words are comprehensive of the Judicial Law as for the substance a part of the Moral Law, (the Judicial being indeed an Appendix and a more particular explication of that part of the Moral Law concerning matters of Justice and judgement) and therefore must be understood by Christ to be established. 
2. Though there be many pregnant proofs in the New Testament for abolishing the Ceremonial Law, yet we nowhere read in the New Testament of making void the Judicial Law concerning the punishing of sins against the Moral Law, in the number of which are Idolatry, Heresy, Blasphemy. Now these Judicial Laws being the Laws of God and by his revealed will once settled, they must needs so far forth remain as they appear not by his will to be repealed. 
They who hold the Magistrate under the Gospel is not bound to punish for such sins, must prove from the Scripture those Laws of God revoked and canceled, which none of the Patrons of Toleration have ever yet done. 3. The substance and equity of the Judicial Law remains in that Christ and his Apostles make use of, transfer and prove by some Judicial laws divers things under the New Testament. Christ makes use of a Judicial Law concerning punishment, Matth. 5. 38, 39An eye for an eye, and a tooth for a toothviz. that of poena talionisExod. 21. 24. and frees it from the false gloss and interpretation of the Pharisees, in which he teaches the Judicial Laws of Moses understood in their right sense are to be observed in the New Testament
For if Christ in that Sermon, of which this is a part would teach the Decalogue belonged to Christians, by his vindicating it from the false interpretations of the Scribes and Pharisees; then it follows he meant to teach the Judicial Laws of Moses concerning the punishment of Moral transgressions belonged to them also, because he vindicated also one of them, of which particular with the proof of the consequence the Reader may find more in Piscator's Appendix to Exodus
The Apostle Paul 1 Cor. 9. 9. 1 Tim. 5. 18. among other proofs brought by him from similitudes fetched from the common use of men, that the Minister of the Gospel ought to be maintained of the Churches charge, whereas they might object those were but humane reasons, he alleadgeth [alleges?] as the eternal Law of God one of the Iudicial Laws of Moses, which was, that a man should not muzzle the mouth of the Ox which treadeth out the corn: where 'tis manifest he doubteth not to bind the conscience of the Churches unto the equity of that Law which was judicial ... [1]

Notes
_____________________________


[1] Thomas Edwards, The casting down of the last and strongest hold of Satan (London: Printed by T.R. and E.M. for George Calvert, 1647) (Publication info: Ann Arbor, Michigan: University of Michigan Library, 2009 March). Retrieved April 6, 2015 from http://quod.lib.umich.edu/e/eebo/A83437.0001.001/1:4?rgn=div1;view=fulltext. We have modernized the spelling.


George Gillespie (1613-1648), Scottish Presbyterian, Westminster divine

While defending the abiding validity of the general equity of the judicial laws of Moses, Westminster divine George Gillespie favorably raises arguments by Piscator, including from Matthew 5:17, as well as 5:38 (which is in context of Matthew 5:17):
It will be asked, “But how does it appear that these or any other judicial laws of Moses do at all appertain to us, as rules to guide us in like cases?” I shall wish him who scruples this, to read Piscator’s appendix to his observations upon the 21-23 chapters of Exodus, where he excellently disputes this question, whether the Christian Magistrate is bound to observe the judicial laws of Moses, as well as the Jewish Magistrate was. He answers by the common distinction, he is obliged to those things in the judicial law which are unchangeable, and common to all nations: but not to those things which are mutable, or proper to the Jewish Republic. But then he explains this distinction, that by things mutable, and proper to the Jews, he understands the emancipation of an Hebrew servant or handmaid in the seventh year, a man’s marrying his brother’s wife and raising up seed to his brother, the forgiving of debts at the Jubilee, marrying with one of the same tribe, and if there be any other like to these; also ceremonial trespasses, as touching a dead body, etc. But things immutable, and common to all nations, are the laws concerning moral trespass, sins against the moral law, as murder, adultery, theft, enticing away from God, blasphemy, striking of parents. Now that the Christian Magistrate is bound to observe these judicial laws of Moses, which appoint the punishments of sins against the moral law, he proves by these reasons. ...
(2.) Christ’s words (Matt. 5:17), Think not that I am come to destroy the Law or the Prophets, I am not come to destroy, but to fulfill, are comprehensive of the judicial law, it being a part of the law of Moses. Now he could not fulfill the judicial law, except either by his practice, or by teaching others still to observe it; not by his own practice, for he would not condemn the adulteress (Jn. 8:11), nor divide the inheritance (Luke 12:13-14). Therefore it must be by his doctrine for our observing it.
(3.) If Christ in his sermon (Matt. 5), would teach that the moral law belongs to us Christians, in so much as he vindicates it from the false glosses of the scribes and Pharisees; then he meant to hold forth the judicial law concerning moral trespasses as belonging unto us also; for he vindicates and interprets the judicial law, as well as the moral (Matt. 5:38), An eye for an eye, etc.[1] 
Notes
_____________________________

[1] George Gillespie, Wholesome Severity Reconciled with Christian Liberty (Naphtali Press, 1997). Retrieved March 26, 2015 from http://www.naphtali.com/articles/george-gillespie/wholesome-severity.


Westminster Confession of Faith (1647), One of the Most Influential Confessions of all Time

Historically, judicial laws of general equity, or common equity, were understood as those judicial laws related to the moral law (e.g., punishments for violations of the moral law). (For more on this, click here.) These laws bind all men, in contrast to judicial laws of particular equity relevant for Jews only (e.g., family plots, location of cities of refuge). 

With this in mind, Chapter 19.4 of the Confession reads:
To them [the people of Israel] also, as a body politic, He gave sundry judicial laws, which expired together with the State of that people; not obliging under any now, further than the general equity thereof may require.
The Confession provides Matthew 5:17 as a prooftext to justify judicial laws of general equity. 

And so, as far as the confession is concerned, judicial laws of general equity are mandatory for all nations. Note the words "obliging" and "require" in the statement, "not obliging under any now, further than the general equity thereof may require." This squares with Matthew 5:17, which teaches that the law is mandatory to all men: "Do not think that I have come to abolish the Law or the Prophets; I have not come to abolish them but to fulfill them."

The Matthew 5:17 prooftext in 19.4 is coupled with Matthew 5:38; apparently the Confession understands it in the same way as Thomas Edwards [quoted earlier]: that Christ "frees it from the false gloss and interpretation of the Pharisees, in which he teaches the Judicial Laws of Moses understood in their right sense are to be observed in the New Testament.") (See also our previous quotes by Johannes Piscator, as well as Westminster divine George Gillespie, on this text.) 

Chapter 23.3 of the Confession assumes that the general equity of the judicial law (as justified by Matthew 5:17 earlier in the confession) entails punishments for violations of the moral law. It says that the civil magistrate is "to take order that ... all blasphemies and heresies be suppressed ..."citing as supporting texts Leviticus 24:16 and Deuteronomy 13:5, 6, 12 (judicial laws for punishing blasphemy and seduction to idolatry, respectively). (Unfortunately, this was removed from the American version of the Confession.)

(For a thorough treatment of the meaning of WCF 19.4, read "Understanding the Westminster Confession of Faith, Section 19.4, on the Judicial Law and General Equity" by Vindiciae Legis.)

Similar wording to WCF 19.4 is used in the 1658 Savoy Declaration of Faith (the great Congregational confession) and the 1677/1689 London Baptist Confession of Faith (the great Baptist confession)—both of which affirm the abiding validity of the general equity of the judicial law:
To them also he gave sundry judicial laws, which expired together with the state of that people, not obliging any now by virtue of that institution, their general equity only being still of moral use. -- Savoy Declaration of Faith, 19.4
To them also he gave sundry judicial laws, which expired together with the state of that people, not obliging any now by virtue of that institution; their general equity only being of moral use. -- London Baptist Confession, 19.4


John Cotton (1584-1652), Puritan Theologian, Author of the Theonomic "Abstract of the Laws of New England"




In his defense of theonomy against Roger Williams, titled 
The Bloody Tenant Washed and made White in the Bloud of the Lamb, John Cotton raises Matthew 5:17 to argue that the Christ did not come to destroy the Law of Moses—including the judicial laws:
For Christ came not to destroy the Law of Moses, Matthew 5:17. Neither the Moral Law: for [in] the sequel of that Chapter, he doth at large expound it, and establish it:
No, nor did he come to destroy the judicial Laws, such of them as are of Moral equity.[1] 
Similiarly, Cotton elsewhere states:
Though Christ abolished a National Church-State, and instead thereof set up a Congregational Church:  yet Christ never abolished, a National Civil State, nor the Judicial Laws of Moses, which were of Moral equity, but established them rather, in their place and order.[2]  
Cotton writes this about the difference between abrogated ceremonial laws and non-abrogated judicial laws of moral equity (giving examples of sanctions against blasphemy and apostate idolatry, both of which are violations of the moral law):
Ceremonial Laws were generally Typical: not so Moses his Judicials, especially those which had in them moral equity.  
It is Moral equity, that Blasphemers, and Apostate Idolaters, seducing others to Idolatry, should be put to death, Leviticus 24:15, Deuteronomy 13:5.[3]

Notes
_____________________________


[1] John Cotton, The Bloudy Tenant Washed and made White in the Bloud of the Lamb (England: Quinta Press, 2009), 192.
[2] Ibid., 139.
[3] Ibid., 60. 



James R. Willson (1780-1853), Covenanter Pastor and Theologian


For Willson, Matthew 5:17-19 affirms the whole moral code of the Old Testament:
There were also laws peculiar to the state of the Jewish commonwealth—commonly called judicial, which are no longer of force, except as to their spirit and import. Such are the provisions respecting the reaping the corners of their fields, the gleaning of the vintage and of the harvest, that were to be left for the poor of the land. These laws instruct in the duty of making benevolent provision for the destitute; but the prescribed manner of doing so, is no longer obligatory. All the rest remain in their full vigor. Hence Christ says:—"Think not that I am come to destroy the law or the prophets; I am not come to destroy, but to fulfil. For verily I say unto you, till heaven and earth pass, one jot or one tittle shall in no wise pass from the law, till all be fulfilled. Whosoever therefore shall break one of these lest commandments, and shall teach men so, he shall be called the least in the kingdom of heaven; but whosoever shall do and teach the, the same shall be called great in the kingdom of heaven." [Matthew 5:17-19]. This is a solemn ratification of the whole moral code of the Old Testament, by the Lord Jesus Christ himself.[1]
The moral code of the Old Testament, for Willson, includes Old Testament laws that punish violations of the moral law; for he writes in the same piece:
There are laws enacted and revealed in the Bible, which civil rulers only can execute. These are all the penalties of the law, in which indemnity for wrong is made by property, and in all corporeal punishment. Every one knows that the Old Testament abounds with such penalties. Such are all the laws respecting theft, damage, gross idolatry, blasphemy, the desecration of the Sabbath, rape, incest, adultery, assaults and batteries, man-slaughters, and murders. That these penalties remain, under the New Testament, in full force, is evident; for they were neither ceremonial nor judicial; they were no better adapted to Israel than to other nations; they do not expire by their own limitation; the crimes against which they were enacted are as aggravated now and as mischievous to society, as of old, and men are now as prone to commit them, as they were in Judea. In brief, all the reasons for enacting these penalties do still exist in their full force. If they were wise, just and wholesome, when enacted, they are now; and if society derived advantage from the, before the advent of Messiah, they will be useful now for the advancement of the public weal.[2] 
(Note here that he says that the Old Testament penalties for violations of the moral law are not judicial; here, I believe he is referring to judicial laws of particular equity to Israel—not judicial laws of common equity for all nations. Note that in the first quote he states: "There were also laws peculiar to the state of the Jewish commonwealth—commonly called judicial." For more on the historical twofold understanding of the judical law, see "Understanding the Westminster Confession of Faith, Section 19.4, on the Judicial Law and General Equity" by Vindiciae Legis.)

Notes
_____________________________

[1] James R. Willson, The written law, or the Law of God Revealed in the Scriptures, by Christ as Mediator; The Rule of Duty to Christian Nations to Civil Institutions (Newburgh: NY: J.D. Spalding, 1838). Retrieved April 6, 2015 from http://www.covenanter.org/JRWillson/writtenlaw.htm    
[2] Ibid.

photo credit:

© TrueSteelite / Wikimedia Commons (CC BY -SA 3.0) (license)
Retrieved January 6, 2015 from http://commons.wikimedia.org/wiki/File:James_R._Willson.jpg



Wednesday, April 8, 2015

Lecture on Theonomy by Chris Strevel (Fundamental Principles, Reformed Continuity, Criticisms)



"The very word 'theonomy' continues to generate tremendous controversy, even among those whose notions of theonomy are hazy at best. The general ethical viewpoint herein advocated has been theonomic – God’s law is the standard of men and nations. Advocates of this view have been by far in the majority throughout the history of the Christian church. The purpose of this lecture is to flesh out the more fundamental theonomic principles, demonstrate continuity with our Reformed heritage, and interact with a few criticisms of theonomic ethics."

  

Thursday, March 12, 2015

Proof that Modern Theonomy Advocates the Historic Understanding of the Judicial Law



by Steve C. Halbrook

Because of advocating the abiding validity of the judicial laws of Moses, modern theonomy is often presented as being out of step with historic Protestantism (especially Reformed historic Protestantism). It is alleged that the latter did not affirm that the judicial laws are binding on all nations; they were unique for Israel, and thus were abrogated in the New Covenant era. Statements are pointed to by theologians in history to support this claim.

However, modern theonomists will often object to this, saying that theonomy is in fact historical. They, too, will point to statements by theologians in history to support their claim.

Which is true?

When judging modern theonomy's view of the judicial law in relation to Protestant history, two things are needed: 1) familiarity with what modern theonomy teaches, as well as 2) familiarity with what Protestantism has historically taught.

When judging what modern theonomy advocates, why not go to its best representative: Greg L. Bahnsen, who popularized the term "theonomy" with his book Theonomy in Christian Ethicsand was the movement's leading exegetical defender? 

Bahnsen's Two-Fold Distinction of the Judicial Law

When we take the time to read his work, we find that Bahnsen did not have a simplistic view of the judicial laws of Moses. That is, he did not say that they are all binding today exactly as they are worded in Scripture. This is crucial for understanding his view on the judicial law.

While he affirmed that some laws are binding as they are worded (e.g., due process process laws, the requirement of capital punishment for certain violations of the moral law), he also affirms that 1) some laws were completely unique for Israel (e.g., laws regulating aspects of the land of Canaan), and 2) other laws may not apply in their cultural expressions, but at least apply in their underlying moral principle (e.g., rooftop railings may not be mandatory in our culture, since families do not spend time on roofs,but a fence around a swimming pool might be).

Protestantism's Two-Fold Distinction of the Judicial Law

Now, while Protestant history may not be unanimous in this view, this is certainly the view of historic Reformed and Calvinistic theology: the judicial laws do in fact bind usnot as they applied to Jews (laws of particular equity), as Jewsbut in their common equity

That is, judicial laws that are not tied to unique situations of the Jews or the ceremonial law, but that relate to the moral law (such as prohibitions for violations of the moral law, due process laws, and ruler qualifications) are binding today; and some judicial lawsthose with a particular equity/common equity overlap—are binding to the degree there is an underlying moral principle.

Where one can get easily confused when reading statements in history is through the different meanings given to the word "judicial." At times, theologians used the word "judicial" to judicial laws as strictly given to Israel; at other times, it may refer to judicial laws that apply to all nations. 

Therefore, statements by the Reformers regarding the judicial laws of Mosesand their applicability to all nationsmay be either positive or negative, depending on the meaning they give to "judicial."

For a fuller understanding of the historic use of the term "judicial law," I highly recommend "Understanding the Westminster Confession of Faith, Section 19.4, on the Judicial Law and General Equity" by Vindiciae Legis. With its thorough historical treatment of statements by Protestant theologians, including Westminster divines, regarding the judicial law, along with its contextual analysis of Section 19.4 of the Westminster Confession, the article demonstrates without any doubt the binding nature of the judicial law (in its general equity) in the historic Reformed tradition. 

By reading this, one can better understand the statement in Section 19.4 of the Westminster Confession of Faith ("To them also, as a body politic, He gave sundry judicial laws, which expired together with the State of that people; not obliging under any now, further than the general equity thereof may require") in light of Section 23.3 ("to take order that ... all blasphemies and heresies be suppressed"), which favorably cites judicial laws from Deuteronomy 13:5 and Leviticus 24:16 (in the original 1647 version). 

Of course, the Westminster Assembly inherited the notion of the abiding validity of the judicial law from the Reformers themselves. For a large collection of quotations from the Reformers advocating the sufficiency of Scripture for civil government (which implies the need for the judicial law) and on the judicial law in particular, see "Sola Scriptura and Civil Government: Part 1: The Regulative Principle of the State as Advocated in the Reformation." (Lord willing, future posts in this series will include quotes from the American Puritans, Covenanters, and others.)

And so, contrary to what some theonomy critics believe, modern theonomy doesn't advocate adhering to all of the judicial law any more than historic Protestantism advocates adhering to none of it. They both advocate adhering to judicial laws relevant for all men while also denying that we must adhere to judicial laws particular to Israel. 

If in fact there happen to be theonomists who do advocate all of the judicial law for today, or believe that the judicial law can only be applied as worded (and thus denying the underlying moral principles in the judicial law that can apply to various settings), it is fallacious to infer from this that all of them doespecially when the movement's best theological leader, Greg L. Bahnsen, believed otherwise. 

And of course, historic Protestantism is not unanimous in advocating the moral equity of the judicial law either; but we don't infer from this that there are none in historic Protestantism who did, especially when a significant number of Protestants (especially those from the most biblical theological tradition, the Reformed tradition) actually did.

Here we include quotes from both Bahnsen and those in history to show that his two-fold view of the judicial law is nothing new; it was advocated throughout Protestant history. 

Following this, we include a short appendix on R. J. Rushdoony and Gary North on distinctions in the Mosaic Law.


Statements by Greg L. Bahnsen

Bahnsen on the obligation of magistrates to enforce relevant Old Testament penal sanctions:
[W]e must recognize the continuing obligation of civil magistrates to obey and enforce the relevant laws of the Old Testament, including the penal sanctions specified by the just Judge of all the earth. As with the rest of God's law, we must presume continuity of binding authority regarding the socio-political commandments revealed as standing law in the Old Testament.
Greg L. Bahnsen, By This Standard: The Authority of God's Law Today (Tyler, TX: Institute for Christian Economics), 4.
Bahnsen on the division of Mosaic laws into those that bind all nations and those that don't:
Theonomists maintain that the Mosaic code and regulations contain some items which are not based upon necessary moral principles, but rather God’s sovereign good pleasure; as such they are not binding in all ages and upon all culturesitems which must be distinguished and identified on the basis of Scriptural teaching.  The other Mosaic regulations and precepts communicate God’s unchanging moral principlesand indeed are identical to those precepts which correspond to the divine moral principles learned through general revelation.   
Greg L. Bahnsen and Kenneth L. Gentry, Jr., House Divided: The Break-Up of Dispensational Theology (Tyler, TX: Institute for Christian Economics), 92, 93.
Bahnsen on the laying aside of laws regulating aspects of the land of Canaan:
With the coming and establishment of that kingdom typified by the "promised land," and with the removal of special kingdom privileges from the Jews by Christ, the laws regulating aspects of the land of Canaan (for example, family plots, location of cities of refuge, the levirate institution) have been laid aside in the New Testament as inapplicable.
Greg L. Bahnsen, By This Standard: The Authority of God's Law Today (Tyler, TX: Institute for Christian Economics), 6.
Bahnsen on not being bound to the unique cultural details of the Mosaic law, but the underlying moral principles:
Furthermore, it should be perfectly plain to any student of Scripture, theonomic or not, that God requires obedience to the underlying principles illustrated by Scripture’s cultural expressions. Theonomy [in Christian Ethics] plainly observed: “the case law illustrates the application or qualification of the principle laid down in the general commandment,” and it is “the underlying principle (of which the case law was a particular illustration)” which “has abiding ethical validity.” We are not bound to the cultural details of flying axheads and rooftop railings, but to the principles about unpremeditated homicide and safety precautions, etc. Those who have ridiculed the theonomic position for requiring observance of ancient cultural details should give responsible reflection to their ill-conceived criticism. Such disdain would equally ridicule New Testament ethical directives with their cultural trappings as though “Go and do likewise” at the end of the story of the good Samaritan (Luke 10:37) literally obligates us to pour oil and wine on the wounds of halfdead victims of robbery on the Jericho road today, setting them on donkeys (not in cars) and paying for their stay at roadside inns with (literal) denarii. Critical ridicule which is blind to this feature of Biblical interpretation in general is too superficial and inconsistent to warrant serious attention. 
Greg L. Bahnsen, "Preface to the Second Edition," in Theonomy in Christian Ethics: Third Edition (Nacogdoches, TX: Covenant Media Press, 2002), xxiv, xxv.
On the Westminster Confession of Faith, he notes:
The Confession teaches us, not that the judicial laws were abrogated, but rather that they "expired" due to the expiration of Israel as a "political body." When the particular political body for which they were worded passed away, the literal wording or specific form of the judicial laws was put out of gear. Only the underlying principle ("equity") of those historical illustrations continues to be obligatory.
Greg Bahnsen, "The Westminster Assembly and the Judicial Law," Penpoint Vol. IV:7 (Covenant Media Foundation, October, 1993), 800/553-3938. Retrieved March 9, 2015 from http://www.cmfnow.com/articles/pe170.htm. (Disclaimer: this site promotes the Federal Vision heresy)
In short, for Bahnsen, the judicial law of Moses does and does not apply today, depending on certain factors: in some cases, it doesn't apply at all; in other cases, it doesn't necessarily always apply in its particular wording, but it does apply in all settings in its underlying moral principles. And still in other cases, it applies in its particular wording, to the extent the wording is not particular to Israel, but relevant to all nations.

This view is harmonious with Protestant history. Note the statements from the following theologians:

Theodore Beza (1519-1605), Huguenot Theologian, Calvin's Successor

As H. M. Baird summarizes, Beza held to
the precepts given by the Lord in the Old Testament to slay without pity the introducer of strange gods, the false prophet, the blasphemer, and the profaner of the Sabbath. Such commands, he said, have never been repealed. The Mosaic Law remains in force, with the exception of the ceremonial part. Of the other two divisions, the Decalogue or Moral Law, being an accurate transcript of the Natural Law, in which man’s conscience agrees with the unchanging will of God, cannot suffer destruction before nature itself perishes, but abides the certain rule of right and wrong for all nations and for all ages. The third division of the Mosaic Law, the judicial, is also of universal obligation, insofar as its precepts do not relate to one people alone, nor punish the violation of ceremonies now abolished by the Gospel, but embrace that code of general equity which should everywhere prevail.
Henry Martyn Baird, Theodore Beza: The Counsellor of the French Reformation, 1519-1605 (New York: G. P. Putnam's Sons, 1899), 68.

Statement subscribed to by Early Lutheran Theologians Phillip Melanchthon (1497-1560) and Johannes Brenz (1499-1570) (as well as others):
Phillip Melanchthon,
Luther's successor

Note the assumed distinction in judicial laws—laws that "only bind Israel" and "natural law[s]" binding "all authorities": 
God has clearly and explicitly ordered the civil authority to punish by death the public blasphemers within its territory (Lev. xxiv.16). This law did not only bind Israel; it is a natural law which binds all authorities, kings, princes, judges etc.
P. D. L. Avis, "Moses and the Magistrate: A Study in the Rise of Protestant Legalism,"Journal of Ecclesiastical History, vol. 26, no. 2 (April 1975): 10. Retrieved May 14, 2013 from http://www.contra-mundum.org/essays/theonomy/Avis.pdf 

Thomas Cartwright (1535-1603), Puritan Leader, "The Father of English Presbyterianism"
[T]hose judicial laws of Moses, which are merely politic, and without all mixture of Ceremonies, must remain; [such] as those which hinder not the atonement of Jews and Gentiles with God, or of one of them with another. Beside that, it being manifest that our Savior Christ came not to dissolve any Good government of commonwealth, he can least of all be thought to come to destroy that which himself had established.
Thomas Cartwright, The Second Replie of Thomas Cartwright: agaynst Maister Doctor Whitgiftes second answer touching the Churche Discipline (1575), 97. 
On applying the equity of the judicial law, Cartwright says this in debate with a one John Whitgift:
And, as for the judicial law, forasmuch as there are some of them made in regard of the region where they were given, and of a people to whom they were given, the prince and magistrate, keeping the substance and equity of them (as it were the marrow), may change the circumstances of them, as the times and places and manners of the people shall require. But to say that any magistrate can save the life of blasphemers, contemptuous and stubborn idolaters, murderers, adulterers, incestuous persons, and such like, which God by his judicial law hath commanded to be put to death, I do utterly deny, and am ready to prove, if that pertained to this question. And therefore, although the judicial laws are permitted to the discretion of the prince and magistrate, yet not so generally as you seem to affirm, and, as I have oftentimes said, that not only it must not be done against the word, but according to the word, and by it.
Cited in John Whitgift, The Works of John Whitgift, D. D., the First Portion, Containing the Defence of the Answer to the Admonition, Against the Reply of Thomas Cartwright: Tractates I-VI. (Cambridge: The University Press, 1852), 270.

John Owen (1616-1683), English Puritan, the "Theologian's Theologian"
Although the institutions and examples of the Old Testament, of the duty of magistrates in the things and about the worship of God, are not, in their whole latitude and extent, to be drawn into rules that should be obligatory to all magistrates now, under the administration of the gospel,and that because the magistrate then was “custos, vindex, et administrator legis judicialis, et politiae Mosaicae,” from which, as most think, we are freed;yet, doubtless, there is something moral in those institutions, which, being unclothed of their Judaical form, is still binding to all in the like kind, as to some analogy and proportion.

Subduct from those administrations what was proper to, and lies upon the account of, the church and nation of the Jews, and what remains upon the general notion of a church and nation must be everlastingly binding.
John Owen, The Works of John Owen, vol. 8 (London: Johnstone and Hunter, 1851), 394.

George Gillespie (1613-1648), Scottish Presbyterian, Westminster divine
It will be asked, “But how does it appear that these or any other judicial laws of Moses do at all appertain to us, as rules to guide us in like cases?” I shall wish him who scruples this, to read Piscator’s appendix to his observations upon the 21-23 chapters of Exodus, where he excellently disputes this question, whether the Christian Magistrate is bound to observe the judicial laws of Moses, as well as the Jewish Magistrate was. He answers by the common distinction, he is obliged to those things in the judicial law which are unchangeable, and common to all nations: but not to those things which are mutable, or proper to the Jewish Republic. But then he explains this distinction, that by things mutable, and proper to the Jews, he understands the emancipation of an Hebrew servant or handmaid in the seventh year, a man’s marrying his brother’s wife and raising up seed to his brother, the forgiving of debts at the Jubilee, marrying with one of the same tribe, and if there be any other like to these; also ceremonial trespasses, as touching a dead body, etc. But things immutable, and common to all nations, are the laws concerning moral trespass, sins against the moral law, as murder, adultery, theft, enticing away from God, blasphemy, striking of parents. Now that the Christian Magistrate is bound to observe these judicial laws of Moses, which appoint the punishments of sins against the moral law, he proves by these reasons. 
George Gillespie, Wholesome Severity Reconciled with Christian Liberty (Naphtali Press, 1997). Retrieved March 10, 2015 from http://www.naphtali.com/articles/george-gillespie/wholesome-severity.

John Gill (1697-1771), Particular Baptist Theologian, Bible Commentator
It may be inquired, whether the judicial laws, or the laws respecting the Jewish polity, are now in force or not, and to be observed or not; which may be resolved by distinguishing between them; there were some that were peculiar to the state of the Jews, their continuance in the land of Canaan, and while their polity lasted, and until the coming of the Messiah, when they were to cease, as is clear from (Gen. 49:10), such as related to inheritances, and the alienation of them by marriage or otherwise; the restoration of them when sold at the year of jubilee; the marrying of a brother’s wife when he died without issue, &c. the design of which was, to keep the tribes distinct until the Messiah came, that it might be clearly known from what tribe he sprung.
And there were others that were peculiarly suited to the natural temper and disposition of that people, who were covetous, cruel, and oppressive of the poor, froward and perverse, jealous and revengeful; hence the laws concerning the manumission of servants sold, at the end of the sixth year; the release of debts, and letting the land rest from tillage every seventh year; concerning lending on interest; leaving a corner in the field for the poor, and the forgotten sheaf;--and others concerning divorces, and the trial of a suspected wife, and the cities of refuge to flee to from the avenger of blood: these, with others, ceased when the Jewish polity did, and are not binding on other nations.
But then there were other judicial laws, which were founded on the light of nature, on reason, and on justice and equity, and these remain in full force; and they must be wise as well as righteous laws, which were made by God himself, their King and Legislator, as they are said to be (Deut. 4:6,8).
And they are, certainly, the best constituted and regulated governments that come nearest to the commonwealth of Israel, and the civil laws of it, which are of the kind last described; and where they are acted up unto, there what is said by Wisdom is most truly verified, "By me kings reign, and princes decree judgment;" and if these laws were more strictly attended to, which respect the punishment of offences, especially capital ones, things would be put upon a better footing than they are in some governments; and judges, in passing sentences, would be able to do that part of their office with more certainty and safety, and with a better conscience.
And whereas the commonwealth of Israel was governed by these laws for many hundreds of years, and needed no other in their civil polity, when, in such a course of time, every case that ordinarily happens, must arise, and be brought into a court of judicature; I cannot but be of opinion, that a digest of civil laws might be made out of the Bible, the law of the Lord that is perfect, either as lying in express words in it, or to be deduced by the analogy of things and cases, and by just consequence, as would be sufficient for the government of any nation: and then there would be no need of so many law books, nor of so many lawyers; and perhaps there would be fewer law suits.
John Gill, A Body of Doctrinal Divinity: Book 4Chapter 6: Of the Law of God  (Providence Baptist Ministries). Retrieved March 10, 2015 from 
http://www.pbministries.org/books/gill/Doctrinal_Divinity/Book_4/book4_06.htm

Samuel Rutherford (1600-1661), Westminster divine, Author of "Lex Rex"
Judiciall Lawes may be judiciall and Mosaicall, and so not obligatory to usaccording to the degree and quality of punishment, such as is Deut. 13. the destroying the City, and devoting all therein to a curse; we may not do the like in the like degree of punishment, to all that receive and defend Idolaters and blasphemers in their City: and yet that some punishment by the sword, be inflicted upon such a City, is of perpetuall obligation
Samuel Rutherford, A Free Disputation Against Pretended Liberty of Conscience (London: Printed for R. I. by Andrew Crooke, 1649), 298. Cited in Vindiciae Legis, Understanding the Westminster Confession of Faith, Section 19.4, on the Judicial Law and General Equity (Second Edition), 14 (f.n.). Retrieved March 11, 2015 from http://www.theonomyresources.com/pdfs/UnderstandingWCF19_4_2ndEdition.pdf 

On this Vindiciae Legis notes:
Rutherford, clearly views many or all first category laws as having underlying moral equity, “of perpetual obligation,” which it is the duty of the civil magistrate to enforce.
Legis, Understanding the Westminster Confession of Faith, Section 19.4, on the Judicial Law and General Equity, 14.
Legis also says elsewhere:
For Rutherford the only relaxation in Biblical law is the abrogation of ceremonial laws: “More severity, and a stricter tutory to be over the Church in non-age, and under Pedagogie, we grant, Gal. 4. 1, 2, 3. But that is in regard of Ceremoniall hedges, laws, and dayes, but it is to begge the question, to say that morall transgressions are destructive, if not more, to Christian societies now as then, such as blasphemy, idolatry, heresie, that were punished with the sword then, must now be more loosed from all bodily punishment in any kind, than murther, sorcery, adultery, perjury. For the comparison of a milder Government under Jesus, than under Moses, cannot stand in fencing some moral transgressions utterly from the sword, and in leaving others lesse weighty, under as bloody punishments as ever they were.”
Legis, Understanding the Westminster Confession of Faith, Section 19.4, on the Judicial Law and General Equity, 20. Rutherford quote from Rutherford, Free Disputation, 189.

William Gouge (1575-1653), Westminster divine, English Presbyterian

Westminster divine William Gouge provides distinctions between laws particular to Israel and laws common to all nations. On laws particular to Israel, he writes: 
Many branches… appertained to the Jewish priesthood; as, the particular laws about the cities of refuge... Num. xxxv. 25. And laws about lepers… Lev. xiv. 3. And sundry other cases which the priest was to judge of, Deut. xvii. 9. So also… distinguishing tribes. Num. xxxvi. 7; of reserving inheritances to special tribes and families, of selling them to the next of kin, Ruth iv. 4; of raising seed to a brother that died without issue. Gen. xxxviii. 8, 9… the year of jubilee, Lev. xxv. 13, &c. 
William Gouge, A Commentary on the whole Epistle to the Hebrews, 3 vols. (Edinburgh: James Nichol, 1866/67), 2:123. Cited in Legis, Understanding the Westminster Confession of Faith, Section 19.4, on the Judicial Law and General Equity, 8 (f.n.). 
 On laws of common equity, Gouge writes:
There were other branches of the judicial law which rested upon common equity and were means of keeping the moral law: as putting to death idolaters and such as enticed others thereunto; and witches, and wilful murderers, and other notorious malefactors. So likewise laws against incest and incestuous marriages; laws of reverencing and obeying superiors and governors; and of dealing justly in borrowing, restoring, buying, selling, and all manner of contracts, Exod. xxii. 20; Deut. xiii. 9; Exod. xx. 18; Num. xxxv. 30; Lev. xx. 11, &c., xix. 32, 35.4. 
Ibid., 11, 12. 

William Perkins (1558-1602), Influential Cambridge Theologian, "The Father of Puritanism"

Therefore the judiciall lawes of Moses according to the substance and scope thereof must be distinguished; in which respect they are of two sorts. Some of them are lawes of particular equity, some of common equity.
William Perkins, A Discourse of Conscience (Cambridge: John Legate, 1596), 17. Cited in Vindiciae Legis, Understanding the Westminster Confession of Faith, Section 19.4, on the Judicial Law and General Equity, 4.

Lawes of particular equity, are such as prescribe justice according to the particular estate and condition of the Jewes common-wealth & to the circumstances thereof: time, place, persons, things, actions. Of this kind was the law, that the brother should raise up seed to his brother, and many such like: & none of them bind us, because they were framed and tempered to a particular people. 
Judicialls of common equity are such as are made according to the lawe or instinct of nature common to all men: and these in respect of their substance, bind the consciences not onely of the Jewes but also of the Gentiles: for they were not given to the Jewes as they are Jewes, that is, a people received into the Covenant above all other nations, brought from Egypt to the land of Canaan, of whome the Messias according to the flesh was to come; but they were given to them as they were mortall men subject to the order and lawes of nature as all other nations are. Againe judiciall lawes, so farre forth as they have in them the generall or common equity of the law of nature are morall and therefore binding in conscience, as the morall lawe. (Ibid., 17, 18).
Perkins, A Discourse of Conscience, 17, 18. Cited in Vindiciae Legis, Understanding the Westminster Confession of Faith, Section 19.4, on the Judicial Law and General Equity, 5 (f.n.)

Nathaniel Morton (1616-1685), Pilgrim Separatist and Secretary of Plymouth Colony

It was the great privilege of Israel of old and so was acknowledged by them, Nehemiah the 9th and 10th, that God gave them right judgments and true Laws; for God, being the God of order and not of confusion, has commanded his word and put man into a capacity in some measure to observe and be guided by good and wholesome laws, which are so far good and wholesome as by how much they are derived from and agreeable to the ancient platform of God's laws; for although sundry particulars in the judicial law which was of old enjoyed to the Jews did more especially, at least in some circumstances, befit their pedagogy, yet they are for the main so exemplary, being grounded on principles of moral equity, as that all Christians especially ought to have an eye thereunto in the framing of their political constitutions
and although several of the heathen nations who were ignorant of the time God and of his law have been famous in their times for the enacting and execution of such laws as have proved profitable for the government of their commonwealths in the times wherein they lived: notwithstanding, their excellency appeared so far as they were founded upon grounds of moral equity which has its original from the law of God.
Nathaniel Morton, "Forward to the REVISION OF THE NEW PLYMOUTH LAWS (1658)," Constitution Society. Retrieved March 10, 2015 from http://www.constitution.org/primarysources/newplymouthlaws.html. We have modernized the language.

James Fisher (1697-1775), A Founder of the First Secession Church, and a Joint-Author of Fisher's Catechism explaining the Westminster Assembly's Shorter Catechism

James Fisher writes the following in Fisher's Catechism: 

Q. 94. What was the JUDICIAL law?
A. It was that body of laws given by God, for the government of the Jews, partly founded in the law of nature [common equity], and partly respecting them, as they were a nation distinct from all others [particular equity].
Q. 95. What were those laws which respected them as a people distinct from all others?
A. They were such as concerned the redemption of their mortgaged estates, Lev. 25:13; the resting of their land every seventh year, Ex. 23:11; the appointment of cities of refuge for the man­slayer. Num. 35:15; the appearing of their males before the Lord at Jerusalem, three times in the year, Deut. 16:16; and the like.
Q. 96. Is this law abrogated, or is it still of binding force?
A. So far as it respects the peculiar constitution of the Jewish nation [particular equity], it is entirely abrogated; but in so far as it contains any statute, founded in the law of naturecommon to all nations [common equity], it is still of binding force(italics added)
Vindiciae Legis, Christian Magistracy in the RPCNA—Then and Now: Part 1: Theonomy  (Theonomy Resources, 2015), 17, 18. Retrieved March 9, 2015 from http://theonomyresources.com/pdfs/RPCNA_Theonomy.pdf

On Q. 95, Vindiciae Legis writes:
Q. 95 makes it clear exactly which kinds of laws are considered to be of particular equity. These are very different from judicial laws dealing with moral offenses such as blasphemy, adultery, etc. 
Ibid., 18. 
Part 1 of the catechism also says this in the section, "What is Sin?":
Q. 7- Are all the laws of God mentioned in scripture of binding force now under the New Testament? 
A. No; the ceremonial law, which was a shadow of good things to come, is now abrogated upon the coming of Christ in the flesh; and many of the judicial laws, in so far as they had a particular relation to the state of the Jewish nation, are laid aside; but the moral law is perpetually binding on all mankind, in all ages and periods of the world, Psal. cxix.
Read the catechism here

Thomas Shepard (1605-1649), Puritan Writer and Pastor, Evangelist to the Indians, Important Influence on the Cambridge Platform

The judicial laws, some of them being hedges and fences to safeguard both moral and ceremonial precepts, their binding power was therefore mixed and various, for those which did safeguard any moral law, (which is perpetual) whether by just punishments or otherwise, do still morally bind all nations; for, as Piscator argues, a moral law is as good and as precious now in these times as then, and there is as much need of the preservation of these fences to preserve these laws in these times, and at all times, as well as then, there being as much danger of the treading down of those laws by the wild beasts of the world and brutish men (sometimes even in churches) now as then; and hence God would have all nations preserve their fences forever, as he would have that law preserved forever which these safeguard; but, on the other side, these judicials which did safeguard ceremonial laws which we know were not perpetual, but proper to that nation, hence those judicials which compass these about are not perpetual nor universal; the ceremonials being plucked up by their roots, to what purpose then should their fences and hedges stand? As, on the contrary, the morals abiding, why should not their judicials and fences remain?
The learned generally doubt not to affirm that Moses’ judicials bind all nations, so far forth as they contain any moral equity in them, which moral equity doth appear not only in respect of the end of the law, when it is ordered for common and universal good, but chiefly in respect of the law which they safeguard and fence, which if it be moral, it is most just and equal, that either the same or like judicial fence (according to some fit proportion) should preserve it still, because it is but just and equal that a moral and universal law should be universally preserved; from whence, by the way, the weakness of their reasonings may be observed, who, that they may take away the power of the civil magistrate in matters of the first table, (which once he had in the Jewish commonwealth,) affirm that such civil power then did arise from the judicial, and not from any moral law; whenas it is manifest that this his power in preserving God’s worship pure from idolatrous and profane mixtures, according to the judicial laws, was no more but a fence and safeguard set about moral commandments; which fences and preservatives are therefore (for substance) to continue in as much power and authority now as they did in those days, as long as such laws continue in their morality, which these preserve; the duties of the first table being also as much moral as those of the second, to the preserving of which latter from hurt and spoil in respect of their morality, no wise man questions the extent of his power.
Thomas Shepard, The Works of Thomas Shepard, First Pastor of the First Church, Cambridge, Mass. with a Memoir of His Life and Character: Volume III, ed. John Adams Albro  (Boston, MA: Doctrinal Tract and Book Society, 1853), 53, 54.

Henry Barrow (1550?-1593), Martyr, Separatist Leader, "the Founder of English Congregationalism"

I ought to be wise in sobriety, and not to answer more than I know. Great doubt and controversy hath been about this question a long time, but for my part, I cannot see that any more of the judicial law was or can be abrogated by any mortal man or country, upon what occasion soever, than belonged to the ceremonial law and worship of the temple, from which we have received other laws and worship in Christ's testament; but that the judgments, due and set down by God for the transgression of the moral law, cannot be changed or altered, without injury to the moral law and God himself.
George Punchard, History of Congregationalism from about A. D. 250 to the Present Time: Volume III (NY: Hurd and Houghton, 1867), 67.

Francis Turretin (1623–1687), Swiss-Italian Theologian
Undoubtedly those things are to be accurately distinguished which in the law were of particular right (which peculiarly applied to the Jews in relation to time, place and the Jewish nation: such was the law concerning a husband’s brother, the writing of divorcement, the gleaning, etc.) from those which were of common and universal right, founded upon the law of nature common to all … 
Francis Turretin, Institutes of Elenctic Theology, trans. G. M. Giger, ed. J. T. Dennison, Jr., 3 vols. (Phillipsburg, NJ: P & R, 1994), 2:166. Cited in Vindiciae Legis, Understanding the Westminster Confession of Faith, Section 19.4, on the Judicial Law and General Equity, 5 (f.n.)

Thomas Hall (1610–1665), Puritan Minister
Some judicial precepts are Juris communis, of common equity, such as are agreeable to the instinct and law of nature, common to all men; and these for substance bind all persons, both Jews and Gentiles; as being Moral, and so agreeing with the Moral Law. These judicial precepts which were Juris particularis, of particular equity, such as pertained especially to the Jews common-wealth, and were fitted for them and their time, are now abolished. E.g. that a man should marry with none but his own stock; That the brother should raise up seed to his Brother, and that a Thief should restore four-fold, this was peculiar to the Jewish Common-wealth and not to ours. 
Thomas Hall, A Practical and Polemical Commentary, Or Exposition upon the Third and Fourth Chapters of the Latter Epistle of Saint Paul to Timothy (London: Printed by E. Tyler for John Starkey, 1658), 227. Cited in Vindiciae Legis, Understanding the Westminster Confession of Faith, Section 19.4, on the Judicial Law and General Equity, 6 (f.n.)

J. Heinrich Alting (1583–1644), German Theologian
The forensic Laws of Moses are not all of one sort. In truth, some are only of particular right; others, moreover, are of common right and equity. 
J. Heinrich Alting, Exegesis Logica & Theologica Augustanae Confessionionis (Amsterdam: John Janssonius, 1647), 97. Excerpt translated by Adam Brink. Cited in Vindiciae Legis, Understanding the Westminster Confession of Faith, Section 19.4, on the Judicial Law and General Equity, 4 (f.n.)

J. Heinrich Alsted (1588–1638), German Theologian
Of the forensic laws of Moses, those are perpetual which are of common right, or which have something moral. However, those have been abrogated which are of particular right, that is, such laws as were specially for the Mosaic constitution, and which have something ceremonial attached. 
J. Heinrich Alsted, Encyclopaedia, 7 vols. (Herborn: 1630), 4:1599. Excerpt translated by Adam Brink. Cited in Vindiciae Legis, Understanding the Westminster Confession of Faith, Section 19.4, on the Judicial Law and General Equity, 4, 5 (f.n.)

Johannes Polyander (1568–1646), Dutch Theologian
Things which in this law are of common right, those still bind magistrates and subjects of every kind; but what are of particular Jewish right: those expired together with the polity of Moses.
Johannes Polyander, “Disputatio XVIII. De Lege Dei,” Synopsis Purioris Theologiae, ed. Herman Bavinck (Leiden: Donner, 1881), 162. Excerpt translated by Vindiciae Legis. Cited in Vindiciae Legis, Understanding the Westminster Confession of Faith, Section 19.4, on the Judicial Law and General Equity, 5 (f.n.)


Appendix: R. J. Rushdoony and Gary North on Distinctions in Mosaic Law

As the most gifted and recognized exegete in the modern theonomy movement, and as the one who popularized the term "theonomy," we believe Greg L. Bahnsen is the best representative for understanding the modern theonomic approach to the judicial law. 

However, what about the other two most influential theonomists and leading social critics of the movement, R. J. Rushdoony and Gary North? 

While we will not go into their views in detail, and we agree less with them than we do with Bahnsen at points of theonomic application, the following quotes do show that they, like Bahnsen, 1) affirmed that some of Israel's laws were particular to that nation, and 2) that the underlying moral principles of the judicial law apply (not just the law's exact wording).


R. J. Rushdoony on Changed Penalties

In his famous Institutes of Biblical Law, Rushdoony lists Old Testament laws requiring the death penalty, and states:
At a few points the penalties were altered in the New Testament ...
Rousas John Rushdoony, The Institutes of Biblical Law: Volume One  (The Presbyterian and Reformed Publishing Company, 1973), 77.

R. J. Rushdoony on Underlying Moral Principles

In discussing the command in Deuteronomy 22:8 to create a roof battlement, Rushdoony says:
A principle of safety in building construction as well as a general liability principle is stated. The flat roofs of the day were commonly used for summer living; the roof had to have a wall or railing to prevent falls. A property owner had thus a general responsibility to remove occasions of hurt to legitimate persons on his land or in his home. The obligation to "make alive" is the duty to remove the potential sources of damage.
Rushdoony, The Institutes of Biblical Law: Volume One, 251, 252.

Gary North on Hebrew Land Tenure Laws
[T]he lifetime slave-holding provisions of Leviticus 25 were an integral aspect of Israel’s jubilee land tenure laws, and therefore when God annulled the latter, He also annulled the former.  By transferring legal title to His kingdom to the gentile world (Matt. 21:43), and by visibly annulling Israel’s legal title to the land of Palestine at the time of the fall of Jerusalem in A. D. 70, God thereby also annulled the Hebrew land tenure laws.  What had been a God-approved spoils system for a unique historical situation—the military conquest of Canaan by Israel—became a dead letter of biblical law after the fall of Jerusalem. 
Gary North, Tools of Dominion: The Case Laws of Exodus (Tyler, TX: Institute for Christian Economics, 1990), 145.

Gary North on Underlying Moral Principles

If a small child falls into [a swimming pool], liability could be imposed on the owner only under the "railed roof" statute (Deut. 22:8), not under the "uncovered pit" statute. The pool is a place of entertainment and recreation, just as flat-roof housetops were in the ancient world. It is not a pit which men stumble into unexpectedly. The so-called "attractive nuisance" problem - a dangerous object to which small children are attracted - falls under the railing statute.
North, Tools of Dominion, 488.



(Special thanks to Chalcedon Presbyterian Church for permission to use the image of Greg Bahnsen)