The civil power is to serve the church as a guardian of liberty and a hedge against violence, not as an umpire of doctrine and practice who can even eject players from the ecclesial arena. When we compare these passages on the civil magistrate, we do not find “sorta, kinda” the same thing—they are altogether different. In honesty, we should not pretend otherwise.

There is an idea floating about that the all teachings of the original version of the Westminster Confession of Faith (1646/1647) are basically included in or assumed by the revised “American” version of 1788/1789, and that agreeing with/preferring the original is more or less equal to subscribing to the American revised version, which is part of the standards of both the Presbyterian Church in America and the Orthodox Presbyterian Church. But the differences are more than semantic. The two versions—at least with regard to the relationship of the civil magistrate to the church—are at odds with one another; in fact, they flatly contradict.

The fact of difference is not a problem, nor a surprise. Elsewhere, the Confession (Ch. 31, Of Synods and Councils) states, “All synods or councils, since the Apostles’ times, whether general or particular, may err; and many have erred”—in other words, total depravity happens. The 17th-century divines were not so arrogant as to believe that they could not err. Now, some presbyters today, even in the abovementioned denominations, might hesitate to accuse the Westminster Assembly of error, but if they will not do this, they must accuse the American revisers of error. To do the latter, a presbyter would need to state a difference with the confession, something many who self-identify as strict subscriptionists are loath to do. Or they could admit that the chapter on the magistrate is the most culturally conditioned, time-bound, and contextualized of any in the document and was therefore ripe for revision. It would be postmodern to say that, in this case, what matters is the understanding and preferences of any individual presbyter, and no one wants to be accused of postmodernism.

Now, admittedly, Chapter 31 is far from the most important or vital section of the Confession. Still, confessional subscription being what it is, faithful presbyterians cannot wish away the tension and piously say, whatevs. We (should) distinguish.

Let’s look at the original and the American, chapters XXIII and 23, sections III and 3, respectively. Both chapters are titled “Of the Civil Magistrate.” Old in bold, new(er) in italics; first reproduced in full, then parsed by phrases or sentences.

III. The civil magistrate may not assume to himself the administration of the Word and sacraments, or the power of the keys of the kingdom of heaven: yet he hath authority, and it is his duty, to take order, that unity and peace be preserved in the Church, that the truth of God be kept pure and entire; that all blasphemies and heresies be suppressed; all corruptions and abuses in worship and discipline prevented or reformed; and all the ordinances of God duly settled, administered, and observed. For the better effecting whereof, he hath power to call synods, to be present at them, and to provide that whatsoever is transacted in them be according to the mind of God.

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. Yet, as nursing fathers, it is the duty of civil magistrates to protect the church of our common Lord, without giving the preference to any denomination of Christians above the rest, in such a manner that all ecclesiastical persons whatever shall enjoy the full, free, and unquestioned liberty of discharging every part of their sacred functions, without violence or danger. And, as Jesus Christ hath appointed a regular government and discipline in his church, no law of any commonwealth should interfere with, let, or hinder, the due exercise thereof, among the voluntary members of any denomination of Christians, according to their own profession and belief. It is the duty of civil magistrates to protect the person and good name of all their people, in such an effectual manner as that no person be suffered, either upon pretense of religion or of infidelity, to offer any indignity, violence, abuse, or injury to any other person whatsoever: and to take order, that all religious and ecclesiastical assemblies be held without molestation or disturbance.

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