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Why the Puritans in America Favored Rule of Law

August 10, 2017

The Puritans practiced the “Rule of Law,” the principle that every person is subject to the law, in their early American colonies.  They implemented Rule of Law in the colonies of Massachusetts and Connecticut based on the English tradition of the Magna Carta, which asserted Rule of Law, as well as on the principles of justice and equity as found in the moral law of the Bible.

Thomas Hooker

Puritan leader Rev. Thomas Hooker supported the need for a constant law based on the Bible.  In a letter to fellow Puritan John Winthrop in 1638, he argues for Rule of Law based on Deuteronomy 17:10-11, Acts 5:12-40, and Acts 4:18-20.  In Deuteronomy, for example, the Israelites are instructed by Moses to judge cases according to the “sentence of the Law” and not according to their own discretion.  In Deuteronomy 17:10-11, Moses tells the Israelites, …

The Bible-inspired principle of Rule of Law influenced the Puritans to define their community civil laws with constitutions.  A constitution is an outline of civil laws agreed upon by those in the community and which are regularly enforced, not arbitrarily applied.  This practice was beneficial and necessary because, while the Bible was the Puritans’ primary source of civil law, many civil issues were not literally or directly addressed in the Bible.  Such issues were subject to the interpretation or discretion of their governors.  Some colonists like Thomas Hooker feared that too much judicial discretion might lead to violations of justice and civil rights.  In response, the Puritans created written codes of laws—constitutions—to prevent arbitrary rule and to articulate and secure their freedoms. Indeed, the practice of Rule of Law naturally led to constitutions in the early American colonies and later in the new nation of the United States.

From AHEF and Angela E. Kamrath.

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Source for more information:
Kamrath, Angela E.  The Miracle of America:  The Influence of the Bible on the Founding History and Principles of the United States of America for a People of Every Belief.  Second Edition.  Houston, TX:  American Heritage Education Foundation, 2014, 2015.

Related articles/videos:
1.  The Principle of Popular Sovereignty
2.  Who were the Pilgrims?  Why did they come to America?
3.  Why the Pilgrims Identified with the Israelites
4.  The Mayflower Compact:  The Pilgrims’ First Self-Governing Act in America
5.  The Pilgrims’ Mayflower Compact as Covenant
6.  The History of Thanksgiving Day in America
7.  The Pilgrims & Private Property:  What the Pilgrims Might Have Thought About Communism & Socialism
8.  Three P’s That Led to Freedom in the West:  Printing Press, Protestant Reformation, & Pilgrims
9.  A City on a Hill:  Why John Winthrop and the Puritans Came to America
10.  How the American Puritans Were Like the Bible’s Israelites
11.  Why the Puritans Favored Limited Government (and Why the U. S. has Three Branches of Government)
12.  Why the Puritans Elected Representatives to Govern in their American Colonies
13.  Why Puritan Thomas Hooker Favored Democracy Over Aristocracy
14.  Challenges in the Early Puritan Colonies:  The Dilemma of Religious Laws & Religious Dissent

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Activity:  Miracle of America High School Teacher Course Guide, Unit 3, Part 2 of 3, Activity 1:  Drawing Essential Understandings / Answering Guiding Questions (Question 1), p. 113, 118.  MS-HS.

Drawing Essential Understandings/Answering Guiding Questions…

Purpose/Objective: Students learn and answer Essential Understandings/Guiding Questions in this part of the unit.

Suggested Reading: Chapter 3 of Miracle of America sourcebook/text.

Essential Understandings & Guiding Questions to consider:  

Pre-Test/Post-Test:  Writing Warm-up and Wrap-up. At the beginning and close of this part of the unit, students write brief responses to guiding questions in this section.  Students may turn these in and/or share responses in pairs, groups, or whole class.  The writing process should take less than 5 minutes, and sharing can go as long as teacher and class decide.  The Writing Warm-up may serve as a pre-test of students’ current knowledge and understanding.  The Writing Wrap-up may serve as a post-test of students’ learning and understanding of this section’s instruction and content.  In the Writing Wrap-up, students might compare their answers/responses to those they wrote in their Writing Warm-up/pre-test.  How have their answers changed?  What did they learn?  Students might use a comparison chart to write and compare their warm-up and wrap-up responses.

To download this whole unit, sign up as an AHEF member (no cost) to access the “resources” page on americanheritage.org.  To order the printed binder format of the course guide with all the units, go to the AHEF bookstore.

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Published by: The Founding

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