HER 
duke of Brabant, and furrounded with walls in (Tie 
year 1400: fixteen miles north-eaft of Malines, and fix- 
teen eaft of Antwerp. 
HER'ENTALS (Peter de), a learned ecelefiaftic, 
who derived his furname from Ilerentals, in Brabant, 
•where he was born. He became a canon-regular of the 
order of Premoritre, and fiouriihed about the year 1384. 
He was the author of 1. Catena in Pfaimos Panilenlia/es . 
2. Catena in XV. Cantica Graduum. 3. ColleBaneum in IV. 
Evangelia. .4. Chroniconaburbe condito, &c. And the Lives 
of popes John XXII. Benedict XII. Clement VI. Inno¬ 
cent VI. Urban V. Gregory XI. and Clement VII. 
which were publilhed by M. Baluze in 1693. 
HEREOF', adv. From this; of this.— Hereof comes 
it that prince Harry is valiant. Shakefpcare. 
HEREON', adv. Upon this. — If we fiiould dridtly 
infi ft hereon, the poffibility might fall into quedion. Brown. 
HEREOUT', adv. Out of this place.—All the words 
cornpofed of here and a prepofition, except hereafter , are 
cbfolete, or obfolefcent ; never ufe.d in poetry, and fel- 
dom in profe, by elegant writers, though perhaps not 
unworthy to be retained. Johnfon. 
A bird all white, well feather’d on each wing, 
Hcre-out up to the throne of God did fly. Spenfcr. 
HE'RES (Mount), in Paleftine, fituated in Aijalon, in 
the tribe of Dan : here part of the Amorites fled, after 
the conqueft of Canaan, where they remained impreg¬ 
nable. Judges i. 35. 
HE'RESH, [Heb.] A man’s name. 
HERE'S I ARCH,/ \_herefiarque, Fr. at>w Gr.] 
A leader in herefy ; the head of a herd of heretics.— 
The pope declared him not only a heretic, but an kere- 
farck. Stilling fleet. 
HERESIOG'R APHER,/ A writer of herefies. 
HERESIOG'RAPHY, /. [from the atpE <rK, Gr. he¬ 
refy, and yeatpu, to write.) A treatife of herefies. 
HERESiOL'OGY, f. [from cugm;, Gr. herefy, and 
a defeription.] A difeourfe of herefy. 
HER'ESY,/ \herefe, Fr. kcerefs, Lat. «ig»cn;, Gr.] An 
opinion of private men different from that of the ortho¬ 
dox church.—Let the truth of that religion I profefs be 
reprefented to her judgment, not in the odious difguifes 
of levity, fchifm, herefy, novelty, cruelty, and difloyalty. 
King Charles. 
HER'ESY, inlaw, an offence againfl; Chriflianity, con¬ 
fiding of a denial of fome of its effential doftrines. It 
-feems difficult precifely to determine what error fhall 
amount to herefy, and what not; but the flatute 1 Eliz. 
c. 1. which ereded the high-commiflion court, having 
redrained it to fuch as are either determined by ferip- 
ture, or by one of the four firlt general councils, or by 
fome other council, by exprefs words of feripture, or 
by parliament, with the aflent of the convocation ; thefe 
rules are at prefent thought the bed directions con¬ 
cerning this offence. 2 Hawk. P. C. c. 2. 
By the common-law, one convidted of herefy, and 
refufing to abjure it, or falling .into it again after he 
abjured it, might be burnt, by force of the writ de hetre- 
tico comburcndo , which iffued out of chancery upon a 
certificate of fuch convidtion ; but he forfeited neither 
lands nor goods, becaufe the proceedings againd him 
wefe only profalute auima. F. N. B. 269. i lnfl.gi. This 
writ de haretico comburcndo, is thought to be as ancient as 
the common-law itfelf. Howeyer it appears from thence 
that the convidtion of herefy by the common-law was 
not in any petty eccleftadical court, but before the 
archbifhop himfelf, in a provincial fynod; and that the 
delinquent was delivered over to the king to do as he 
Ihould pleafe with him: fo that the crown had a con- 
troul over the fpiritual power, and might pardon the 
convidt by iffuing no procefs againd him; the writ de 
hteretico comburendo being not a writ of courfe, but iffuing 
.only by the fpecial direction of the king in council. 
iHal.P.C.z 9j. 
Vox.. IX. No, 629. 
HER 807 
But in the reign of Henry IV. when the eyes of the 
Chriflian world began to be opened, and the feeds of 
the protedant religion took'deep root in this kingdom ; 
the clergy taking advantage, from the king’s dubious 
title, to demand an increafe of their own power, ob¬ 
tained an adt of parliament, (ftat. 2 Hen. IV. c. 15.) which 
fharpened the edge of pei fecution to its utmofl keennefs; 
for by that datute the diocefan alone, without the 
intervention of a fynod, might convidt of heretical 
tenets; and unlefs the convidt abjured his opinions, or 
if after abjuration' he relapfed, the fheriff was bound 
ex officio, if required by the bithop, to commit the un¬ 
happy vidtim to the flames without waiting for the 
content of the crown. Thus the relentlefs fpirit of per- 
fecution was from time to time carried on, and numbers 
of innocent perfons devoted to the flames upon flight or 
feigned charges of herefy, until the reign of queen 
Elizabeth, when the reformation came to be finally 
edabliflied. By flat. 1 Eliz.c.i, all former flatutes rela¬ 
ting to herefy were repealed, which left the jurifdidtion 
of herefy as it flood at common-law; viz. as to the 
infiidtion of common cenfures, in theecclefiadical courts; 
and in cafe of burning the heretic, in the provincial fynod 
only. 5 Rep. 23. 12 Rep. $6. But the writ de hceretic* 
comburendo remained dill in force, and was not aboiilhed 
UntiPthe flat. 29 Car. II. c. 9, declared it to be null and 
void. Thus in one and the fame reign our lands were 
delivered from the fiavery of military tenures; our 
-bodies from arbitrary imprifonment, by the habeas cor¬ 
pus adt; and our minds from the tyranny of fuper- 
flitious bigotry, by demolifliing this lad badge of per¬ 
fection in the Englifli law. 4 Comm. 46. 
It feems to be now agreed, that regularly the temporal 
courts have no conufance of herefy, either to determine 
what it is, or to punifli the heretic as fuch, but only 
as a diflurber of the public peace; that therefore, if a 
man be proceeded againd as an heretic in the fpiritual 
court , pro falute aninue, and think himfelf aggrieved, his 
proper remedy is to bring his appeal to a higher eccle- 
fiadical court, and not to move for a prohibition from 
a temporal one. 27 Hen. VIII. 14 b. 5 Co. 58. Yet a tem¬ 
poral judge may incidentally take knowledge whether 
a tenet be heretical or not; as where one was committed 
by force of flat. 2 Hen. IV. c. ij, for faying that he was 
not bound by the law of God to pay tithes to the curate ; 
another for faying, that though he was excommunicated 
before men, yet lie was not fo before God ; the temporal 
courts, on an habeas corpus in the firft cafe, and in an 
adtion of falfe imprifonment in the other, adjudged 
neither of the points to be herefy within that datute; 
for the king’s courts will examine all things which are 
ordained by datute. 3 Inf. 42. 2 Bulf. 300. In quart 
impedit, if the bithop plead that lie ref 11 fed the clerk for 
herefy, it feems that he mud fet forth the particular 
point, that it may appear to be heretical to the court 
wherein the adtion is brought. 5 Co. 58. 3 Lev. 314. 
HERITABLE JURISDICTION,inScotland. The 
feodal grievance of thefe jurifdidtions is removed by 
flat. 20 Geo. II. c. 43. Vide Dalrymple of Feuds, 292. See 
alfo flat. 20 Geo. II. c. 50, which abolifhed the tenure of 
ward-holding, equivalent to the ancient tenure of knight- 
feryice in England. 
HER'ETIC, f. \_heretique, - Fr. atgirsy.o;, Gr.] One 
who propagates his private opinions in oppofition to the 
orthodox church.—Thefe things would be prevented, if 
no known heretic or fchifmatic be differed. Bacon. 
No heretics defire to fpread 
Their wild opinions like thefe epicures. Davies. 
It is ufed ludicroufiy for any one whofe opinion is 
erroneous: 
I rather will fufpedt the fun with cold 
Than thee with wantonnefs; thy honour flands. 
In him'that was of late an heretic, 
As firm as faith. Skakefpeare. 
9 U HERET'ICAL, 
