Puritanism and the Common Law

Dean Agabin’s Question:

Are the Puritan ideals and principles applicable in the Philippines? Considering that the Philippine laws are in the
foreign language (i.e., English).

Suggested Answer:
No, since majority of the Filipinos do not understand the laws of the country. Note that Puritanism promotes individualism and
under Puritanism, laws are enforced not by the courts (as opposed to the concept of common law) but by the people, it would
be difficult for the people to enforce nor even comply with the existing laws that the people themselves do not know. Filipinos
also tend to practice the concept of subordination by having the laws enforced to them by a person or group of people with
higher authority.

SUMMARY:
 Puritanism-
o “Precisionists” since they strictly follow the Scripture.
o Do not wish to destroy or separate from the Church of England.
o To “purify” Church of England from remnants of the Roman Catholic i.e., any liturgy, ceremony, or practices which were
not found in Scripture.
o Calvinist sect who broke away from the Church of England
 Calvinism emphasized the role God plays in the process of salvation. He theorized that believers were
predestined to salvation. This means that before God had even created the world, he chose which people
would be beneficiaries of his gift of salvation. Calvin affirmed a strict understanding of God's sovereignty.
Calvin believed that God was in complete control over humanity's actions and that nothing happens unless
God wills it.
 History-
o Elizabethan Puritanism
 Pre-Elizabeth: Henry VII then Mary 1 (Marianne Persecutions)
 Elizabethan Settlement: attempt to make England protestant without alienating Catholicism under Mary
 Puritans oppose use of books and rituals (kneeling, graven images, mass). Puritans were strengthened as
top political advisers and close officials had close ties with Puritan leaders or believe in its theology.
o Jacobean Puritanism
 Faction of separatists from local parish church.
 Pilgrims are separatists
 Puritans are nonseparating congregationalists – they had not repudiated the Church of England as false.
o Great Ejection and Dissenters and Puritans in North America
 The Great Ejection followed the Act of Uniformity 1662 in England. Several thousand Puritan ministers were
forced out of their positions by Church of England clergy, following the changes after the restoration to power
of Charles II.
 Beliefs-
o Mainly all the concepts under Calvinism
 Predestination – a few elect would be saved and the others damned. Church membership was restricted to
those who were willing to provide conversion narrative.
o Follow stricter the scriptures. No vestments. No musical accompaniment.
 Puritanism in American Common Law
o Individualism in legal science as distinguished from law had its origin in the end of the 16th century and the beginning
of the 17th
o Willing covenant of conscious faith - He put individual conscience and individual judgement in the first place. No
authority might rightfully coerce them, but everyone must assume and abide the consequences of the choice he made.
o Consociation is a cooperation of different social groups. “CONCEPT OF WE ARE NOT OVER ONE ANOTHER BUT
WITH ONE ANOTHER”. Through covenant or compact - consent of every individual to the formation and to the
continuance of the community. Religious basis of the doctrine is the covenant of Abraham and God to make the children
of Israel as the children of God.
 o Neither the state nor its representative, the magistrate, is competent to judge him better than his conscience; that he
is not to be judged by the discretion of men but by the inflexible rule of the strict law.
o Considering that God is in control of the people’s lives, Puritans believed that the best judge of men is his own
conscience.
 Common Punishments under the Puritan Criminal Law-
o Stocks and Pillory - The pillory was similar but allowed the accused to stand while his or hands were bound.
o Ducking Stool - Usually used to punish women who gossiped or scolded their husbands. The number of times a woman
was to be dunked into a lake or river was determined by the judges.
o Whipping - Most whipping sentences called for 20-40 lashes One case on record recalls a man being whipped 117
times
 Severe Punishments
o A hot awl was sometimes used to pierce the tongues of those who spoke against the Puritan faith.
o Criminals were sometimes forced to wear a letter symbolizing the crime committed.
 “T” stood for thief
 “D” was worn by those accused of public drunkenness
 “A” was for adultery/concubinage
o Capital punishment by Hanging
 Puritan Influence in the Philippine Laws
o Due process of law imported by the Americans as a constitutional principle (Sec. 1 of Art. 3 of the 1987 Constitution)
o Rights of man began to be recognized against the powers of the government
 Puritan character – one rebels against control of his will by state or magistrate, yet he loved to lay down rules
since he realized the intrinsic sinfulness of human nature. This laid the groundwork for the due process of
law and individuals have rights that must limit the powers to be exercised by the government.