doctrines, publicly and obſtinately avowed; being defined, “ſententia rerum divinarum humano ſenſu excogitata, palam docta, et pertinaciter defenſa[1].” And here it muſt alſo be acknowleged that particular modes of belief or unbelief, not tending to overturn chriſtianity itſelf, or to ſap the foundations of morality, are by no means the object of coercion by the civil magiſtrate. What doctrines ſhall therefore be adjudged hereſy, was left by our old conſtitution to the determination of the eccleſiaſtical judge; who had herein a moſt arbitrary latitude allowed him. For the general definition of an heretic given by Lyndewode[2], extends to the ſmalleſt deviations from the doctrines of holy church: “haereticus eſt qui dubitat de fide catholica, et qui negligit ſervare ea, quae Romana eccleſia ſtatuit, ſeu ſervare decreverat.” Or, as the ſtatute 2 Hen. IV. c. 15. expreſſes it in Engliſh, “teachers of erroneous opinions, contrary to the faith and bleſſed determinations of the holy church.” Very contrary this to the uſage of the firſt general councils, which defined all heretical doctrines with the utmoſt preciſion and exactneſs. And what ought to have alleviated the puniſhment, the uncertainty of the crime, 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 enjoining penance, excommunication, and eccleſiaſtical deprivation, for hereſy; though afterwards they proceeded 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 bigotted princes to make the civil power ſubſervient to their purpoſes, by making hereſy not only a temporal, but even a capital, offence: the Romiſh eccleſiaſtics determining, without appeal, whatever they pleaſed to be hereſy, and ſhifting off to the ſecular arm the odium and drudgery of executions; with which they themſelves were too tender and delicate to intermeddle. Nay they pretended to intercede and pray, on behalf of the convicted heretic, ut citra mortis periculum ſententia circa eum moderetur[3]: well
