By Ian Forrest
Heresy was once the main feared crime within the medieval ethical universe. It used to be obvious as a social affliction in a position to poisoning the physique politic and shattering the cohesion of the church. The examine of heresy in past due medieval England has, thus far, targeted principally at the heretics. as a result, we all know little or no approximately how this crime was once outlined through the churchmen who handed authoritative judgement on it.
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Additional resources for The Detection of Heresy in Late Medieval England (Oxford Historical Monographs)
Sayers, Papal Judges Delegate in the Province of Canterbury, 1198–1254: A Study in Ecclesiastical Jurisdiction and Administration (Oxford, 1971), 239–41. ’ ³¹ C. 23 q. 4 c. 12. ³⁴ Innocent IV (d. ³⁵ The careful avoidance of deﬁnitive judgements in all but manifest and dangerous cases is further explained by the distinction in canon law between heretics as persons and heresy as a crime. ³⁶ In canon law, heresy was the choice of disobedience over correction, and the actions which were evidence of this choice.
27: ‘per ecclesiasticum iudicem degradatus . . saeculari potestate praesente’; Hostiensis, Summa aurea, 1531, 1538; Summa summarum, V. X. q. 98 (Bodleian, MS Bodley 293, fo. 180r). ²³ Strohm, England’s Empty Throne, 43. 9, based on the Roman decree Dig. 28. See Summa summarum, V. X. q. 12 (Bodleian, MS Bodley 293, fo. 178r), and R. H. , 1996), 362. 13. ²⁶ McHardy, ‘De heretico comburendo 1401’, 117–19. 19; Summa summarum, V. X. q. 86 (Bodleian, MS Bodley 293, fo. 179r). ²⁸ PRO, C 54/263, m. 8d (CCR 1413–19, 109–10).
In the case of serious spiritual crimes, it was not uncommon for a suspect to move outside the jurisdiction of his or her ordinary, at best postponing apprehension or at worst making it impossible. ³⁰ The May 1382 commission began the process of incorporating and accommodating the precepts of the ius commune with English common law and the canon law of the two English provinces. ³² What the June licence suggests is that the crown wished to retain oversight of the use of force (arrest) within its realm, just as Hostiensis wished the church to direct the punishment of heretics without actually carrying it out.
The Detection of Heresy in Late Medieval England (Oxford Historical Monographs) by Ian Forrest