The Covenant of Works and the Mosaic Law / James Durham

God gave the Mosaic Covenant as an administration in the Covenant of Grace but the Israelite’s turned it into a Covenant of Works which wasn’t his intention. Therefore God rejected their sacrifices and services as not commanded.  The Mosaic Covenant is not a mixed Covenant.  It is an Administration of the Covenant of Grace.
Taken from

Practical Exposition of the Ten Commandments

James Durham

Topic is
The Covenant of Works and the Law

pp. 52-55

Our purpose is not to aim at any great accuracy, nor to multiply questions and digressions, nor to insist in application and use, but plainly and shortly (as we are able) to give you the meaning of the law of God. 1. By holding forth the native duties required in every commandment. 2. The sins which properly oppose and contradict each commandment, that by these we may have some direction and help in duty, and some spur to repentance, at least a furtherance in the work of conviction, that so by it we may be led to Christ Jesus, who is the end of the law for righteousness to everyone that believes (Rom. 10:4), which is the principal intent of this law, as it was given to Israel.

To make way for the exposition, we shall:

I. Lay down some conclusions, which arise from the preface.
II. Give you some ordinary distinctions.
III. Clear and confirm some rules or observations useful for understanding of the whole law.

1. The first conclusion that we take for granted is, that this law (as it is moral) ties even Christians and believers now, as well as of old. Which appears from this, that he who is God the Lawgiver here, Acts 7:38, is the Angel Christ, and it is his word, as is clear, vs. 30-31. As also, the matter of it being connatural to Adam, it did bind before the law was given, and that obligatory force cannot be separated from its nature (though the exercise of right reason in nature be much obliterated since the fall). Therefore Christ was so far from destroying this law in its authority, and Paul so far from making it void by the doctrine of faith, that our Lord tells, he came to fulfill it (Matt. 5:17), and Paul shows that his preaching of faith was to establish it (Rom. 3:31). Which truth being confirmed by them both in their practice and doctrine shows that the breach of the holy law of God is no less sinful to us now, than it was to them before us.

The second conclusion is, that though this law (and obedience thereto) lie on Christians, and be called for from them, yet it is not laid on them as a Covenant of Works, or that by which they are to seek or expect justification. No, but on the contrary, to overturn self-righteousness, by this doctrine, which manifest sin, and of itself works wrath. Which is also clear, in that he is here called, Our God, which he cannot be to sinners but by his grace. And also it appears from the Lord’s owning of this sinful people as his, and his adjoining to this law so many ceremonies and sacrifices witch point out and lead to Christ; and from his adding the law on mount Sinai, as a help to the covenant made with Abraham (Gen. 17 – which was a covenant of grace, and was never altered as to its substance), in which the people of Israel, as his seed, was comprehended. Therefore it appears that this was never the Lord’s intent in covenanting thus with his people, that they should expect righteousness and life by the adjoined law, but only that it should be useful in the hand of grace to make the former covenant with Abraham effectual. So then, though we are bound to obey the law, we are not to seek righteousness or life by the duties therein enjoined.

Skipping page 54 to section II on the bottom of the page.

II. These conclusions being laid down as necessary caveats, we shall propose these distinctions for clearing of them.

1. We would distinguish between a law and a covenant, or between this law considered as a law, and as a covenant. A law does necessarily imply no more than: (1) To direct. (2) To command, enforcing that obedience by authority. A covenant does further necessarily imply promises made upon some condition, or threatenings added, if such a condition is not performed. Now, this law may be considered without the consideration of a covenant, for it was free to God to have added or not to have added promises, and the threatenings (upon supposition that the law had been kept) might never have taken effect. But the first two are essential to the law; the last two are made void to believers through Christ. In which sense it is said, that by him we are freed from the law as a covenant, so that believers’ lives depend not on the promises annexed to the law, nor are they in danger by the threatenings adjoined to it. Hence we are to advert, when the covenant of works is spoken of, that by it is not meant this law simply, but the law propounded as the condition of obtaining life by the obedience of it, in which respect it was only so formally given to Adam. This then is the first distinction between the law and the Covenant of Works.

2. [We would] distinguish between these ten commandments simply and strictly taken in the matter of them, and more complexly in their full administration, with preface, promises, sacrifices, etc. In the first sense they are a law having the matter, but not the form of the covenant of works. So Moses by it is said to describe such righteousness as the covenant of works requires, yet he does not propound it as the righteousness they were to rely on, but his scope is to put them to a Mediator, by revealing sin through the law (Rom. 10:3). In the second sense it is a covenant of grace, that same in substance with the covenant made with Abraham, and with the covenant made with believers now, but differing in its administration.

3. [We would] distinguish between God’s intention in giving and the believers in Israel, their making use of this law; and the carnal multitude among that people, their way of receiving it, and corrupt abusing it contrary to the Lord’s mind. In the first sense, it was a covenant of grace. In the second it turned to be a covenant of works to them. And therefore it is that the Lord rejects (as we may see, Isa. 1:13; 66:2-3; Jer. 7:22) their sacrifices and services as not commanded, because rested on by them, to the prejudice of grace, and contrary to the strain and scope of this law complexly considered.