“4.) Distinguish betwixt the moral, and ceremonial, and judicial law; the first concern manners, and the right ordering of godly conversation: and because these things are of perpetual equity and rectitude, the obligation of this law, as to that, is perpetual; and therefore in expounding of it, these two terms, moral, and of perpetual authority, are all one, and to be taken so. 2.) The judicial law is for regulating outward society, and for government, and doth generally (excepting what was peculiar to the people of Israel) agree with moral law; this, as given to them, is not perpetual, their policy being at an end. 3.) The ceremonial law is in ceremonies, types, and shadows, pointing at a Saviour to come; this is also abrogate, the substance being come; But their is this difference, that the judicial law is but mortua, dead; and may, where it is thought fit, with the foregoing caution, be used under the New Testament; but the ceremonial law is mortifera, deadly, and cannot, without falling from grace, Gal. V. 2, 4 be revived.”
James Durham – 1622-1658
Westminster Divine
The Law Unsealed; or, A Practical Exposition Of The Ten Commandments
Note, in Durham’s #2 that what we have here is the basic theonomic explanation of “general equity.” Durham, as a Westminster Divine, would have had no tuck with the idea that the Mosaic judicials were simply to be considered “expired.” This will be seen over the next few days as we continue to post quotes from this Westminster divine on the subject of the application of the OT judicials.
In regards to 2) Judicial Law: though it is not perpetual, is it safe to say that it is good insofar as it is in accord and intended to direct citizens of a society to the moral law and the One that it shows the character of?
So in the United States Republic that draws its foundation from the Great Law Giver and establishes the “Life, Liberty and Pursuit of Happiness” as resting in the Creator who gives these gifts, can we say that an oath to the U.S. Constitution is in essense an oath to Natures God?
Rob,
Here is #2 in full.
Sometimes the way these gents wrote is difficult for us because the manner of their writing is so foreign to us.
Durham is saying here
The Mosaic judicial laws are perpetual for regulating outward society and for government because it generally agrees with the moral law. The exception to that rule is when the Mosaic judicials were uniquely fitted for ancient Israel. For example, the judicial law that required Israel to build a fence around their roofs was unique to Israel and so isn’t perpetual, though the principle of protection of others that it communicated, in keeping w/ the 6th commandment, still is perpetual.
So … I want to emphasize that Durham is saying that the Mosaic judicials are, on the whole, (notwithstanding exceptions) perpetual.
In light of this I would say the answer to your first question is “Yes,” with the slight correction we have already noted.
The answer to your second question is more difficult because the founders went out of their way to not have a religious oath for office. This is one of the faults of the US Constitution. Now, the reason this is so difficult is that it really is impossible to have non religious oaths. Oaths by their very nature are religious.
I would contend that given the context of the Colonial population being the descendants of a Christian people and the context of the Declaration of Independence with its reference to “Creator,” and “Nature’s God,” and the context of the Colonial Constitutions and Charters that represented the mindset of those who ratified the US Constitution that at the very least the oath should be seen as being to “Nature’s God.” I’m not a big fan of that kind of language and prefer the more explicit language you find in many of the State Constitutions of the time but I will say that the smallest of conclusions that we can arrive at is that the Oath of office should be seen as to “Nature’s God.”
Now, that God references can only be the God of the Bible given the Colonial context but people will debate that till the cows come home.