In 1788, the Synod of New York and Philadelphia made a few minor amendments to the Westminster Confession of Faith (WCF) and Larger Catechism (WLC): (1) the reference to the civil magistrate in chapter 20 was omitted, (2) the third paragraph of chapter 23 on church-state relations was mostly re-written, (3) the second paragraph of chapter 31 on calling church councils was rewritten and combined with the first paragraph, and (4) the phrase “tolerating a false religion” was omitted from the list of sins in WLC 109, and (5) in WLC 142 “depopulations” was changed to “depredation.” You can see the full 1788 version here.
The change to chapter 31 was a long time coming, since even when the Church of Scotland first adopted these standards in 1647, the General Assembly stated a scruple regarding its understanding of that chapter. Besides that change, the most important amendment was to the paragraph in chapter 23 on church-state relations. What follows here are some observations and historical notes regarding this amendment and the perspective of some of the members of that synod regarding the magistrate and religion. Others have written on the topic and what I write here is not meant to be comprehensive. Yet I hope it will be a helpful supplement to the discussion.
Overview
The new version of WCF 23.3 reflected the new multi-denominational situation, something that had developed between the 1640s and the 1780s. It also dropped statements that had become contested and it sought to clarify the statement to dispel rumors of a revival of persecution against other denominations by Presbyterians (fears of a Presbyterian takeover persisted from the time of the American Revolution through at least the election of 1800). The new statement affirmed that the magistrate was to be the nursing father of “the church of our common Lord, without giving the preference to any denomination of Christians above the rest…” It affirmed that magistrates should protect the church and preserve its liberty and not interfere with or hinder the government and discipline of any denomination of Christians. It also noted that the persons and good name of all their people (including non-Christians) were to be protected by the magistrates against injury, even when offered upon pretense of religion or infidelity. Vigilante violence against others on religious grounds was a reality in that era, and was not to be tolerated. The synod did not change 23.2’s statement that the magistrate ought especially to maintain "piety, justice, and peace" (Baptists omitted "piety" from the list), nor did they change WLC 191's statement that we pray that the church would be countenanced and maintained by the civil magistrate. The USA was to be a Christian country, but one in which all Christian denominations would receive equal protection and in which the magistrate would not run the internal affairs of any.
Matters of Faith
One of the additions made to WCF 23.3 was to say that civil magistrates may not "in the least, interfere in matters of faith." But what is meant by interfering in "matters of faith"?
It is important to note that the phrase "matters of faith" also shows up in WCF 20.2 (unchanged from the original version). There is also a related phrase in chapter 31 ("controversies of faith").
In WCF 20.2, the point of the phrase is that the conscience is free from the doctrines of men in matters of faith (i.e. what is to be believed). "God alone is Lord of the conscience, and hath left it free from the doctrines and commandments of men, which are, in anything, contrary to his Word; or beside it, if matters of faith, or worship" (WCF 20.2).
In chapter 31 of the WCF, the point is that controversies of faith (i.e. doctrine) and cases of conscience are to be determined ministerially by church synods. "It belongeth to synods and councils, ministerially to determine controversies of faith, and cases of conscience..." (31.2).
These phrases were also used earlier in the 39 Articles (1571). Its 19th article explained that particular churches, like the Church of Rome, “hath erred, not only in their living and manner of Ceremonies, but also in matters of Faith.” Article 20 says that the church has “authority in Controversies of Faith…”
George Gillespie, one of the Scottish commissioners to the Westminster Assembly, agreed that “the determination and resolution from Scripture of controversies concerning the faith, the worship of God, the government of the church, cases of conscience” belonged to the church and “are not to be dispensed and administered by the civil magistrate.” Here his statement with more context from Aaron’s Rod Blossoming (1646), chapter 8:
There are two sorts of things belonging to the church. Some which are intrinsical, and belonging to the soul or inward man, directly and primarily. Such things are not to be dispensed and administered by the civil magistrate: I mean the word and sacraments, the keys of the kingdom of heaven, the suspension or excommunication of church officers or members, the ordination or deposition of officers, the determination and resolution from Scripture of controversies concerning the faith, the worship of God, the government of the church, cases of conscience. These being in their nature, end, and use, merely spiritual, and belonging not to the outward man, but to the inward man or soul, are committed and entrusted to the pastors and other ruling officers of the church, and are not of civil and extrinsical, but of ecclesiastical and intrinsical cognisance and judgment. There are other things belonging to the church, which are extrinsical, and do properly belong to the outward man, and are common to the church with other human societies or corporations: things of this kind fall within the civil jurisdiction; for the churches of Christ, being societies of men and women, and parts of commonwealths, are accountable unto and punishable by the civil magistrate...
Gillespie’s full list is very similar to the revised first sentence of 23.3, "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."
What we might learn from this is that the American revision was not a radical change, and that this change had precedent at least among the Scottish commissioners to the original assembly, who also agreed with what was stated in the original version of the WCF. The amendment clarified the meaning by drawing upon the doctrines already in the Confession of Faith concerning the liberty of conscience and the duty of church government.
It is noteworthy that a member of the synod that made the revision in 1788, Ashbel Green, in a thanksgiving sermon given in 1795, made this statement distinguishing between the infidel’s cry against state interference in matters of religion (broadly considered) and his objection to state interference in matters of conscience.
But if a nation unite in public thanksgiving its public functionaries must designate the time. To this, again, the malignant hatred of infidelity to all that bears the appearance of piety, has stated an objection. The magistrate, it cries, ought not to interfere in matters of religion. In matters of conscience we allow that he ought not; but if we acknowledge a God at all, it is the magistrate’s duty to lead the people to adore him. (p. 18)
When they said that magistrates must not interfere in the least in matters of faith, Green and the rest of the synod did not mean that the magistrate must be religiously neutral, or non-religious, or abstain from addressing religious matters like sabbath breaking, blasphemy, or days of religious observance. The reference was more limited than that, a reference to interfering with the church's doctrine.
Ashbel Green
In that same thanksgiving sermon, Green was grateful that in America no one sect of Christians endeavored to control or dictate to the consciences of another sect (p. 23), each paying his homage to God and the Savior on the ground of common and equal privilege (p. 24). Notice his emphasis on intra-Christian conflict. One factor in the American revision was accounting for multiple denominations, applying chapter 26 of the WCF to the matter. At the same time, Green also exhorted magistrates and legislators to
Inculcate reverence to God, obedience to his laws, the superintendance of his providence, and amenableness to his bar. Inculcate these sentiments by your own example, and by framing and executing laws for the discountenance of vice. Recognize these truths by days of religious solemnity. Show especially that they are truths which govern in your minds and which you dare not violate. Your maxims, morals and manners, form those of the people at large, and you will find, too late, that they are incapable of government, if these foundations of it be taken away or rendered unfound. Believe it, also, that the frowns of Heaven will ever rest on a nation openly impious and profane. (p. 43-44)
Green's reference to the discountenance of vice recalls the fact that in 1793, he and other clergy in Philadelphia had petitioned the state legislature concerning "the passing of a law against Vice and Immorality" (available here). In particular, they wrote
We represent, that the legislative interposition is, in our apprehension, peculiarly necessary to make some effectual provision for the orderly and religious observance of the Lord's day; for the prevention and punishment of the profanation of the name of God, and every species of impious imprecation ; for regulating and lessening the number of houses where intoxicating liquors are sold and used; for the suppression of all places of gaming and lewd resort; and for the enacting of a law to prevent theatrical exhibitions of every sort.
Green also preached a sermon on a day of solemn humiliation, fasting, and prayer in 1798 entitled, "Obedience to the Laws of God, the Sure and Indispensable Defense of Nations." Again, he spoke against the attempts of some to exclude religion from the state.
The very truth is, infidels first endeavour to exclude religion from the state, that then they may give the name of morality to any set of principles they may choose to adopt, and that thus, in the end, they may fully accomplish their wishes by getting rid of both.
He exhorted his congregation,
Let us resolve in God's name and strength, to act as well as to pray. Let those who have power be conjured to use it for him from whom all power is derived and to whom they must solemnly account for the manner in which they employ it. Let each of us, in our proper places and stations, be earnest, resolute and persevering, in promoting the work of reformation.
Nursing Fathers
Another addition to WCF 23.3 was the description of the magistrates as nursing fathers of the church. "Yet, as nursing fathers, it is the duty of civil magistrates to protect the church of our common Lord..." The phrase and concept is biblical (Is. 49:23, 60:10, 12, 16) and the phrase had long been used by Presbyterians. It is related to the Larger Catechism's teaching that we should pray that the church be "countenanced and maintained by the civil magistrate" (WLC 191). Thomas Ridgey, in his commentary on the Larger Catechism published in 1731, used the language of nursing fathers to explain this phrase in WLC 191,
We are to pray that the church may be encouraged by civil magistrates; that their government may be subservient to Christ's spiritual kingdom; that, according to God's promise, "kings may be" its "nursing fathers, and their queens" its "nursing mothers;" that by this means the church may have peace and safety...
Chad Van Dixhoorn notes the use of this phrase by Westminster divine, John Arrowsmith, and comments:
The phrase "nursing fathers" may have become Presbyterian code for a doctrine of an established church supported by civil magistrates, an arrangement that Arrowsmith and the great majority of assembly members favored, in keeping with the tradition of Calvin's Geneva. ("John Arrowsmith: A Theological Life" in Arrowsmith, Plans for Holy War, p. 25)
The 1788 revisions to the Westminster standards carried on this tradition, with provision for a multi-denominational church, emphasizing that the magistrate is duty-bound to the whole church, not just a denomination; and with greater clarity on the church’s liberty from interference in matters of faith.
The synod did not forget to omit the phrase in WLC 191 (as some have speculated), but instead they actually added language in WCF 23.3 that referred to the same concept. This is another example of how the new language was an application of what was already in the standards.
George Duffield
Another Presbyterian pastor in Philadelphia that was a member of the synod that made the revisions in 1788 was George Duffield. He had served as a chaplain to Continental Congress and the military, and would be the first clerk of the General Assembly in 1789. Earlier in 1776, as Pennsylvania was preparing its state constitution, Rev. Duffield wrote a paper arguing for a provision that the principal officers of state be required to profess Christianity. He appended a note to his paper in September, 1787 reaffirming what he had written.
Why was he reviewing the paper in 1787? Not only was the Constitutional Convention wrapping up in his city, but earlier that year he had participated in his synod’s action to propose minor changes to its Confession of Faith on church-state issues that would be approved in 1788.
His basic thesis in his paper was, “that they may, and ought to require a profession of christianity in general, such as a belief of the Holy Scriptures, to be of Divine authority, and salvation by Jesus Christ, of every of their principal officers of state, previous to their admission”.
Pennsylvania did adopt such a requirement in its Constitution in 1776. In fact, a watered down version of it is still in Pennsylvania's constitution (although it is no longer enforced due to a Supreme Court decision). You can read his paper here: "Who Should Be Our Rulers?"
In the midst of his argument, Duffield argues that the divine authority of Scripture should be recognized by the civil constitution, and he gives sabbath laws as an example of a good fruit of such recognition. He goes on to say,
The truth of the case is, it is impossible to run a line of distinction between things civil and religious, so as to separate the one from the other, in any civilized State. They are in many respects what God and nature have joined together, and man may not put asunder. The only culpable connection is when, instead of establishing purely the inspired standard, human creeds and compositions are established, and an unequal and equally unjust prerogative or preference is given to any one sect or denomination over or beyond others, or when any pains or penalties are inflicted for religious sentiments, in no wise interfering with the common good and safety of the State.
John Witherspoon
One of the most famous Presbyterian ministers in America in the late 1700s was John Witherspoon. He had moved from Scotland to become the president of Princeton College. He served in the Continental Congress and signed the Declaration of Independence. I have written more about him here.
In 1782, he preached a sermon on a day of thanksgiving (he had drafted the proclamation as a member of Congress and he preached on the day as a minister of the gospel). You can read the sermon here, beginning on page 61. Near the end of that sermon, he included an exhortation for those vested with civil authority. “Those who are vested with civil authority, ought also with much care, to promote religion and good morals among all under their government.” He specifies several ways in which they are to do this "further than the impartial support and faithful guardianship of the rights of conscience." First, he teaches that civil rulers are to do this by their own example. Secondly, he goes on to say,
But I cannot content myself with this. It is certainly the official duty of magistrates to be "a terror to evil doers, and a praise to them that do well." That society will suffer greatly, in which there is no care taken to restrain open vice by exemplary punishment. It is often to be remarked, in some of the corrupt governments of Europe, that whatever strictness may be used, or even impartiality in rendering justice between man and man, yet there is a total and absolute relaxation as to what is chiefly and immediately a contempt of God. Perhaps a small trespass of a poor man on property, shall be punished by a vindictive party, or punished by a tyrannical judge with the utmost severity; when all the laws against swearing, sabbath-breaking, lewdness, drunkenness and riot, shall be a dead letter, and more trampled upon by the judges themselves, than by the people who are to be judged. Those magistrates who would have their authority both respected and useful, should begin at the source, and reform or restrain that impiety towards God, which is the true and proper cause of every disorder among men. O the short-sightedness of human wisdom, to hope to prevent the effect, and yet nourish the cause! Whence come dishonesty and petty thefts? I say, from idleness, sabbath-breaking, and uninstructed families. Whence come deceits of greater multitude, and debts unpaid? From sloth, luxury, and extravagance. Whence come violence, hatred, and strife? From drunkenness, rioting, lewdness, and blasphemy. It is common to say of a dissolute liver, that he does harm to none but himself; than which I think there is not a greater falsehood that ever obtained credit in a deceived world. Drunkards, swearers, profane and lascivious jesters, and the whole tribe of those who do harm to none but themselves, are the pests of society, the corruptors of the youth, and in my opinion, for the risk of infection, thieves and robbers are less dangerous companions.
In his lectures, he similarly addresses "how far the magistrate ought to interfere in matters of religion." He notes the same three things, that the magistrate (1) "ought to encourage piety by his own example, and by endevouring to make it an object of public esteem," (2) "ought to defend the rights of conscience, and tolerate all in their religious sentiments, that are not injurious to their neighbors" (he refers to Popery as an example of a sect deemed by some to hold tenets subversive of society), and (3) "may enact laws for the punishment of acts of profanity and impiety." He further notes that some argue that "the magistrate ought to make public provision for the worship of God, in such manner as is agreeable to the great body of the society; though, at the same time, all who differ from it are fully tolerated. And, indeed, there seems to be a good deal of reason for it..." (The Works of John Witherspoon, vol. VII, p. 120-121). The idea of public provision for the worship of God was a debatable issue among American Presbyterians, as can be seen by the opposition offered by Hanover Presbytery in Virginia to a bill for the public funding of religion.
Charles Nisbet
One of John Witherspoon's friends from Scotland was Charles Nisbet. Like Witherspoon, Nisbet had also been a minister in the Church of Scotland before moving to America to become a college president. Nisbet arrived later than Witherspoon, moving to America in 1785 to become the president of Dickinson College, serving there until his death in 1804, lecturing on subjects like moral philosophy, public law, and theology, and preaching at the Presbyterian church in town (Nisbet's lectures were written and are preserved, but it seems that many of them have not been published). Like Witherspoon, Nisbet was one of the members of the synod that made the American revision in 1788 (in the synod's minutes, his name is spelled Nesbit). Around the same time, in a lecture he gave April 10, 1789, Nisbet criticized the US Constitution, which he generally supported, for not providing for the public support of religion (Smylie, "Charles Nisbet: Second Thoughts on a Revolutionary Generation"). He also criticized it for its neglect of God in a letter to Rev. William Marshall (Dec 23, 1799), "In forming our Constitution & even in wording our Oaths, no regard was paid to God, & we can not wonder if he should cast us off in our Distress, & bid us cry to Liberty & equality, the Idols that we have made & served."
Later Presbyterians like Joshua McIlvaine, Charles Hodge, A.A. Hodge would seek to remedy this lack of an explicit recognition of God in the US Constitution, participating in the National Reform Association (NRA) and its campaign for a proposed constitutional amendment to that effect in the late 1800s (James Thornwell wrote a paper arguing for a similar amendment to the CSA Constitution). I have taught about these later movements in this lesson: A Christian Nation?. The NRA's proposed amendment was to begin the Constitution with these words,
We, the people of the United States, recognizing the being and attributes of Almighty God, the Divine Authority of the Holy Scriptures, the law of God as the paramount rule, and Jesus Christ, the Messiah, the Savior and Lord of all, in order to form a more perfect union...
