Heresy. 
748 
the term heresy seems to be adopted by the sacted ‘his- 
torian merely for the sake of distinction, without the 
least appearance of any intention to convey either praise 
or blame. In Aels xxvi. 4, 5, Paul, in defending him- 
self before king Agrippa, uses the same term, when it 
was manifestly his design to exalt the party to which 
he had belonged, and to give their system the prefe- 
rence over every other system of Judaism,’ both with 
regard to soundness of doctrine, and purity of morals. 
It has been suggested, that the acceptation of the 
word d:géouc, in the Epistles, is different from what it 
has been observed to be in the historical books of the 
New Testament. In order ‘to account’ for this diffe- 
rence, it may be observed, that the’ word sect has al- 
ways something relative in it ; and therefore, although 
the general import of the term be the same, it will con- 
vey a favourable or an unfavourable idea, according to 
the particular relation which it bears in the application. 
When it is used along with the proper name, by way 
of distinguishing one party from another, it conveys 
neither praise nor reproach. If any thing reprehensi- 
ble or commendable be meant, it is suggested, not b 
the word digecis itself, but by the words with which it 
stands connected in construction. Thus we may speak 
ofa strict sect, or a lax sect ; or of a good sect, or a bad 
sect. Again, the term may be applied to a party form- 
ed in a community, when considered in reference to the 
whole. Ifthe community be of sucha nature as not to 
admit of such a subdivision, without impairing and cor- 
rupting its constitution, a charge of splitting into sects, 
or forming parties, is equivalent to a charge of corrup- 
tion in that which is most essential to the existence and 
welfare of the society. . Hence arises the whole diffe- 
rence in the ‘word, as it is used in the historical part of 
the New Testament, and in the Epistles of St Peter and 
St Paul ; for these are the only apostles who employ it. 
In the history, the reference is always of the first kind ; 
in the Epistles, it is always of the second. In these 
last, the apostles address themselves only to Christians, 
and either reprehend them for, or warn them against, 
forming sects among themselves, to the prejudice of 
charity, to the production of much mischief within their 
community, and of great scandal to the unconverted 
world without. In both applications, however, the ra- 
dical import of the word is the same; and even in the 
latter, it has no necessary reference to doctrine, true or 
false. 
During the early ages of Christianity, the term heresy 
gradually lost the innocence of its original meaning, and 
came to be applied, in a ih abe er sense, to any cor- 
ruption of what was considered as the orthodox creed, 
or even to any departure from the established rites and 
ceremonies of the church. In the present article, we 
do not intend to enter into a minute history of the va- 
rious heresies; which have at different times disturbed 
the repose of the church, and given oceasion to perse- 
cutions, which are revolting to the milder genius of mo- 
dern times. All that we propose, is to give a short 
view of the progressive doctrines of the law upon this 
subject. 
In our definition of the word heresy, we have mark- 
ed the essential character of the offence, as it falls under 
the view of the law. In the law of England, however, 
it seems difficult to determine’ precisely what errors 
amount to heresy, and what do not. By our ancient 
constitution, this was left generally to the determina- 
tion of the ecclesiastical judge, who, in this respect, had 
a most arbitrary latitude allowed him. For the gene- 
ral definition of an heretic given by Lyndewode, (cap. 
HERESY. we OS 
de Herreticis,) extends to the slightest deviations from _ Heresy: 
the doctrines of the holy church: hereticus est qui du- 
bitat de fide Catholica, et qui negligit servare ea, que Ro« 
mana ecclesia statuit, seu servare decreverat. Or, as the 
statute, 2 Hen. IV. c. 15, expresses it in English ; 
“« Teachers of erroneous opinions, con to the faith 
and blessed determinations of the holy church.” Very 
contrary this tothe usage of the first general councils, 
which defined all’ heretical doctrines the utmost 
precision and exactness. And the uncertainty of the 
crime, which ought to have'alleviated the 
seems to have enhanced it in those days of blind zeal 
and pious cruelty. It is true, that the sanctimonious 
hypocrisy of the Canonists, went at first no farther than 
to enjoin penance, excommunication, and ecclesiastical 
deprivation, for heresy ; though afterwards they pro- 
ceeded boldly to imprisonment by the ordinary, and 
confiscation of goods in pios usus. But, in the mean 
time, they had prevailed upon the weakness of bigot= 
ted princes, to render the civil power subservient to 
their purposes, by making heresy not only a temporal 
but even a capital offence ; the- Romish ecclesiasties 
determining, without appeal, whatever they pleased to 
be heresy, and shifting off to the secular arm the odi- 
um and drudgery of executions, with which they them~ 
selves were too tender and delicate to intermeddle, 
Nay, they even pretended to intercede and pray, on 
behalf of the convicted heretic, ut citra mortis periculum 
sententia circa eum moderetur ; (Decret. 1. 5.t. 40. ¢. 27.) 
well knowing at the same time, that they were deliver= 
ing the unhappy victim to certain death. Hence the 
capital punishments inflicted on the ancient Donatists 
and Manicheans, by the emperors Theodosius and Jus- 
tinian, (Cod. 1. 1. tit. 5.); hence also the constitution of 
the emperor Frederic, mentioned by Lyndewode, (cap. 
de Hereticis,)adjudging all persons, without distinction, 
to be burnt with fire, who were convicted of heresy by 
the ecclesiastical judge. ‘The same emperor, in ano- 
ther constitution, ordained that if any temporal lord, 
when admonished by the church, should neglect to 
clear his territories of heretics within a year, it should 
be lawful for good Catholics to seize and occupy the 
lands, and utterly to exterminate the heretical posses- 
sors. And upon this foundation was built that arbitra- 
ry power, so long claimed, and so fatally exerted by the © 
Pope, of disposing even of the kingdoms of refracto: 
phe asd to ae Gatiful sons of the Bc: which ferns 
ed a fruitful source of contention and animosity during 
the dark ages of Europe. 
While Christianity was thus deformed by the demon 
of persecution upon the continent, it was not to be ex- 
pected that our own island should be left entirely free 
from the same scourge. Accordingly, we find among 
our ancient precedents a writ de h@relico comburendo, 
which is thought by some to be as ancient as the com- 
mon law itself. It appears from thence, however, that 
the conviction of heresy by the common law, was not 
in any petty ecclesiastical court, but before the arch- 
bishop himself in a provincial synod ; and that the de« 
linquent was delivered over to the king, to do as he 
should please with him; so that the crown had a con« 
troul over the spiritual power, and might pardon the 
convict, by issuing no process against him; the writ de 
heeretico comburendo being not a writ of course, but is« 
ve only by the special direction of the king in coun- 
cil. ve 
But in the reign’ of Henry IV. when the eyes of the 
Christian world began to open, and the seeds of the 
Protestant religion (under the opprobrious name of 
punishment; . 
