Colonial Law — The Law of God and Public Policy

Colonial Law
The Law of God and Public Policy

Should the Law of God inform American public policy?

“See, I have taught you statutes and rules, as the LORD my God commanded me, that you should do them in the land that you are entering to take possession of it. Keep them and do them, for that will be your wisdom and your understanding in the sight of the peoples who, when they hear all these statutes, will say, ‘Surely this great nation is a wise and understanding people.’” Deuteronomy 4:5, 6

Peruse the civil codes of the American colonies and, from time to time, you come across a curious phenomenon.

Frequently, colonial legislators drafted into their civil codes statutes based on or deriving from the Old Testament Law of God.

Whereas English common law was unwritten, in the American colonies, there not being as ready a supply of judges and barristers as in England, it became necessary to reduce law to codes anyone could read, understand, and follow. Many of those codes show the direct influence of Biblical Law.

It is not hard, for example, to discern the Biblical basis for the following colonial statutes:

– Pennsylvania, April 25, 1662

That all marriages, not forbidden by the law of God… shall be encouraged.

That all treasurers, judges, masters of the rolls, sheriffs, justices of the peace… whatsoever relating to courts or trials of causes… shall be such as possess faith in Jesus Christ and that are not convicted of ill fame….[1]

         – Virginia, 1631/32

Whereas notwithstanding the many good laws before this time made and still in force prohibiting swearing, cursing, profaning God’s holy name, Sabbath abusing, drunkenness, fornication, and adultery… therefore, as all swearing, cursing, and profaning God’s holy name is forbidden by the Word of God, be it enacted by the Majesty’s Lieutenant Governor, Council and Burgesses of this present General Assembly and the authority thereof it is hereby enacted that no person or persons whatsoever shall from henceforth, swear, curse, or profane God’s holy name.

And forasmuch as nothing is more acceptable to God than the true and sincere service and worship of Him according to His holy will, and that the holy keeping of the Lord’s day is a principal part of the true service of God… be it enacted… that there shall be no meetings, assemblies, or concourse of people out of their parishes on the Lord’s day, and that no person or persons whatsoever shall travel upon the said day, and that no other thing or matter whatsoever be one on that day which tends to the profanation of the same, but that the same be kept holy in all respects….[2]

These examples are typical of many others that could be cited. Colonial lawmakers looked to the Law of God to mark out the parameters of civil order and to help ensure the safety and well-being of all citizens.

This should not surprise us, since we continue doing the same thing today. As the frieze on the façade of the United States Supreme Court indicates, Biblical law—the Law of God—is one of the foundational pillars in American civil law.

Since that Law served to lay the foundation of this great Republic, why should we now regard it as no longer to be relied upon or even referred to in matters of public policy?

[1]Foundations of Colonial America (New York: Chelsea House, 1983), p. 1146.

[2]Foundations of Colonial America, pp. 2078-79.

Visit our website, www.ailbe.org, and sign up to receive our thrice-weekly devotional, Crosfigell, featuring writers from the period of the Celtic Revival and T. M.’s reflections on Scripture and the Celtic Christian tradition. Does the Law of God still apply today? Order a copy of T. M.’s book, The Ground for Christian Ethics, and study the question for yourself.

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In the Gates is a devotional series on the Law of God by Rev. T. M. Moore, editor of the Worldview Church. He serves as dean of the Centurions Program of the Wilberforce Forum and principal of The Fellowship of Ailbe, a spiritual fellowship in the Celtic Christian tradition. He is the author or editor of twenty books, and has contributed chapters to four others. His essays, reviews, articles, papers, and poetry have appeared in dozens of national and international journals, and on a wide range of websites. His most recent books are The Ailbe Psalter and The Ground for Christian Ethics (Waxed Tablet).

Scripture quotations in this article are from The Holy Bible, English Standard Version, (c) copyright 2001, 2007 by Crossway Bibles, a division of Good News Publishers. Used by permission. All rights reserved.