The Inquisition: A Critical and Historical Study of the Coercive Power of the ChurchVacandard, E. (Elphège)
History
The Inquisition: A Critical and Historical Study of the Coercive Power of the Church
Vacandard, E. (Elphège)
Inquisition -- History
"The statute of May 25, 1382, directs the king to issue to his
sheriffs commissions to arrest Wyclif's traveling preachers, and
aiders and abettors of heresy, and hold them till they justify
themselves _selon reson et la ley de seinte esglise_. After the
burning of Sawtré by a royal warrant confirmed by Parliament in 1400,
the statute '_de hæreticis comburendis_' for the first time inflicted
in England the death penalty as a settled punishment for heresy....
It forbade the dissemination of heretical opinions and books,
empowered the bishops to seize all offenders and hold them in prison
until they should purge themselves or abjure, and ordered the bishops
to proceed against them within three months after arrest. For minor
offences, the bishops were empowered to imprison during pleasure and
fine at discretion, the fine inuring to the royal exchequer. For
obstinate heresy or relapse, involving under the canon law
abandonment to the secular arm, the bishops and their commissioners
were the sole judges, and on their delivery of such convicts, the
sheriff of the county, or the mayor and bailiffs of the nearest town,
were obliged to burn them before the people on an eminence. Henry V
followed this up, and the statute of 1414 established throughout the
kingdom a sort of mixed secular and ecclesiastical Inquisition for
which the English system of grand inquests gave special facilities.
Under this legislation, burning for heresy became a not unfamiliar
sight for English eyes, and Lollardy was readily suppressed. In 1533,
Henry VIII repealed the statute of 1400, while retaining those of
1382 and 1414, and also the penalty of burning alive for contumacious
heresy and relapse, and the dangerous admixture of politics and
religion rendered the stake a favorite instrument of statecraft. One
of the earliest measures of the reign of Edward VI was the repeal of
this law, as well as those of 1382 and 1414, together with all the
atrocious legislation of the Six Articles. With the reaction under
Philip and Mary, came a revival of the sharp laws against heresy.
Scarce had the Spanish marriage been concluded when an obedient
Parliament re-enacted the legislation of 1382, 1400, and 1414, which
afforded ample machinery for the numerous burnings which followed.
The earliest act of the first Parliament of Elizabeth was the repeal
of the legislation of Philip and Mary, and of the old statutes which
it had revived; but the writ _de hæretico comburendo_ had become an
integral part of English law, and survived, until the desire of
Charles II for Catholic toleration caused him, in 1676, to procure
its abrogation, and the restraint of the ecclesiastical courts in
cases of atheism, blasphemy, heresy, and schism, and other damnable
doctrines and opinions 'to the ecclesiastical remedies of
excommunication, deprivations, degradation, and other ecclesiastical
censures, not extending to death."[1]
[1] Lea, op. cit., vol. i. pp. 352-354.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account