Author: Henry Ansgar Kelly Publisher: Variorum Publishing ISBN: 9780860788393 Category : History Languages : en Pages : 354
Book Description
Inquisition was the new form of criminal procedure that was developed by the lawyer - Pope Innocent III and given definitive form at the Fourth Lateran Council in 1215. It has since developed a notoriety which has obscured the reality of the procedure. In contrast to the old Roman system of relying on volunteer accuser-prosecutor, who would be punished in case of acquittal, the inquisitorial judge himself served as investigator, accuser, prosecutor and final judge. A probable-cause requirement and other safeguards were put in place to protect the rights of the defendant, but as time went on some of these defences were modified, abused or ignored, but in all cases appeal and redress were at least theoretically possible. Unlike continental practice, in England inquisitorial procedure was mainly limited to local church courts, while on the secular side native procedures developed, most notably the jury. Private accusers, however, were still to be seen, illustrated here in the studies on appeals of sexual rape.
Author: H.A. Kelly Publisher: Taylor & Francis ISBN: 1040242812 Category : History Languages : en Pages : 388
Book Description
'Inquisition' was the new form of criminal procedure that was developed by the lawyer-pope Innocent III and given definitive form at the Fourth Lateran Council of 1215. It has since developed a notoriety which has obscured the reality of the procedure, and it is this that Professor Kelly is first concerned with here. In contrast to the old Roman system of relying on a volunteer accuser-prosecutor, who would be punished in case of acquittal, the inquisitorial judge himself served as investigator, accuser, prosecutor, and final judge. A probable-cause requirement and other safeguards were put in place to protect the rights of the defendant, but as time went on some of these defences were modified, abused, or ignored, most notoriously among papally appointed heresy-inquisitors; but in all cases appeal and redress were at least theoretically possible. Unlike continental practice, in England inquisitorial procedure was mainly limited to the local church courts, while on the secular side native procedures developed, most notably a system of multiple investigators/accusers/judges, known collectively as the jury. Private accusers, however, were still to be seen, illustrated here in the final pair of studies on 'appeals' of sexual rape.
Author: Mary Catherine Flannery Publisher: D. S. Brewer ISBN: 1843843366 Category : History Languages : en Pages : 204
Book Description
Groundbreaking essays show the variety and complexity of the roles played by inquisition in medieval England. Inquisition in medieval and early modern England has typically been the subject of historical rather than cultural investigation, and focussed on heresy. Here, however, inquisition is revealed as playing a broader role in medievalEnglish culture, not only in relation to sanctions like excommunication, penance and confession, but also in the fields of exemplarity, rhetoric and poetry. Beyond its specific legal and pastoral applications, inquisitio was a dialogic mode of inquiry, a means of discerning, producing or rewriting truth, and an often adversarial form of invention and literary authority. The essays in this volume cover such topics as the theory and practice ofcanon law, heresy and its prosecution, Middle English pastoralia, political writing and romance. As a result, the collection redefines the nature of inquisition's role within both medieval law and culture, and demonstrates the extent to which it penetrated the late-medieval consciousness, shaping public fame and private selves, sexuality and gender, rhetoric, and literature. Mary C. Flannery is a lecturer in English at the University of Lausanne; Katie L. Walter is a lecturer in English at the University of Sussex. Contributors: Mary C. Flannery, Katie L. Walter, Henry Ansgar Kelly, Edwin Craun, Ian Forrest, Diane Vincent, Jenny Lee, James Wade, Genelle Gertz, Ruth Ahnert, Emily Steiner
Author: Henry Ansgar Kelly Publisher: CUA Press ISBN: 0813237378 Category : Religion Languages : en Pages : 488
Book Description
After inquisitorial procedure was introduced at the Fourth Lateran Council in Rome in 1215 (the same year as England's first Magna Carta), virtually all court trials initiated by bishops and their subordinates were inquisitions. That meant that accusers were no longer needed. Rather, the judges themselves leveled charges against persons when they were publicly suspected of specific offenses?like fornication, or witchcraft, or simony. Secret crimes were off limits, including sins of thought (like holding a heretical belief). Defendants were allowed full defenses if they denied charges. These canonical rules were systematically violated by heresy inquisitors in France and elsewhere, especially by forcing self-incrimination. But in England, due process was generally honored and the rights of defendants preserved, though with notable exceptions. In this book, Henry Ansgar Kelly, a noted forensic historian, describes the reception and application of inquisition in England from the thirteenth century onwards and analyzes all levels of trial proceedings, both minor and major, from accusations of sexual offenses and cheating on tithes to matters of religious dissent. He covers the trials of the Knights Templar early in the fourteenth century and the prosecutions of followers of John Wyclif at the end of the century. He details how the alleged crimes of "criminous clerics" were handled, and demonstrates that the judicial actions concerning Henry VIII's marriages were inquisitions in which the king himself and his queens were defendants. Trials of Alice Kyteler, Margery Kempe, Eleanor Cobham, and Anne Askew are explained, as are the unjust trials condemning Bishop Reginald Pecock of error and heresy (1457-59) and Richard Hunne for defending English Bibles (1514). He deals with the trials of Lutheran dissidents at the time of Thomas More's chancellorship, and trials of bishops under Edward VI and Queen Mary, including those against Stephen Gardiner and Thomas Cranmer. Under Queen Elizabeth, Kelly shows, there was a return to the letter of papal canon law (which was not true of the papal curia). In his conclusion he responds to the strictures of Sir John Baker against inquisitorial procedure, and argues that it compares favorably to the common-law trial by jury.
Author: Mishtooni Bose Publisher: BRILL ISBN: 9004309853 Category : History Languages : en Pages : 261
Book Description
The last twenty-five years have seen an explosion of scholarly studies on lollardy, the late medieval religious phenomenon that has often been credited with inspiring the English Reformation. In A Companion to Lollardy, Patrick Hornbeck sums up what we know about lollardy and what have been its fortunes in the hands of its most recent chroniclers. This volume describes trends in the study of lollardy and explores the many individuals, practices, texts, and beliefs that have been called lollard. Joined by Mishtooni Bose and Fiona Somerset, Hornbeck assesses how scholars and polemicists, literary critics and ecclesiastics have defined lollardy and evaluated its significance, showing how lollardy has served as a window on religion, culture, and society in late medieval England.
Author: Thomas A. Fudge Publisher: ISBN: 0199988080 Category : Biography & Autobiography Languages : en Pages : 419
Book Description
Six hundred years ago, the Czech priest Jan Hus (1371-1415) traveled out of Bohemia, never to return. After a five-year legal ordeal that took place in Prague, in the papal curia, and finally in southern Germany, the case of Jan Hus was heard by one of the largest and most magnificent church gatherings in medieval history: the Council of Constance. Hus was burned alive as a stubborn and disobedient heretic before a huge audience. His trial sparked intense reactions and opinions ranging from satisfaction to condemnations of judicial murder. Thomas A. Fudge offers the first English-language examination of the indictment, relevant canon law, and questions of procedural legality concerning Jan Hus and the Holy See. In the modern world, there is instinctive sympathy for a man burned alive for his convictions, and it is presumed that any court sanctioning such action must have been irregular. Was Hus guilty of heresy? Were his doctrinal convictions contrary to established ideas espoused by the Latin Church? Was his trial legal? Despite its historical significance and the strong reactions it provoked, the trial of Jan Hus has never before been the subject of a thorough legal analysis or assessed against prevailing canonical legislation and procedural law in the later Middle Ages. The Trial of Jan Hus shows how this popular and successful priest became a criminal suspect and a convicted felon, and why he was publicly executed, providing critical insight into what may be characterized as the most significant heresy trial of the Middle Ages.
Author: Autori Vari Publisher: Viella Libreria Editrice ISBN: Category : History Languages : en Pages : 482
Book Description
This volume launches the book series of “Inquire – International Centre for Research on Inquisitions” of the University of Bologna, a research network that engages with the history of religious justice from the 13th to the 20th century. This first publication offers twenty chapters that take stock of the current historiography on medieval and early modern Inquisitions (the Spanish, Portuguese and Roman Inquisitions) and their modern continuations. Through the analysis of specific questions related to religious repression in Europe and the Iberian colonial territories extending from the Middle Ages to today, the contributions here examine the history of the perception of tribunals and the most recent historiographical trends. New research perspectives thus emerge on a subject that continues to intrigue those interested in the practices of justice and censorship, the history of religious dissent and the genesis of intolerance in the Western world and beyond.
Author: Publisher: BRILL ISBN: 9004393870 Category : Religion Languages : en Pages : 334
Book Description
Inquisitions of heresy have long fascinated both specialists and non-specialists. A Companion to Heresy Inquisitions presents a synthesis of the immense amount of scholarship generated about these institutions in recent years. The volume offers an overview of many of the most significant areas of heresy inquisitions, both medieval and early modern. The essays in this collection are intended to introduce the reader to disagreements and advances in the field, as well as providing a navigational aid to the wide variety of recent discoveries and controversies in studies of heresy inquisitions. Contributors: Christine Ames, Feberico Barbierato, Elena Bonora, Lúcia Helena Costigan, Michael Frassetto, Henry Ansgar Kelly, Helen Rawlings, Lucy Sackville, Werner Thomas, and Robin Vose
Author: Gregory S. Moule Publisher: BRILL ISBN: 9004311335 Category : History Languages : en Pages : 390
Book Description
In Corporate Jurisdiction, Academic Heresy, and Fraternal Correction at the University of Paris, 1200-1400, Gregory S. Moule explains how the theological faculty acquired independent jurisdiction over cases of academic heresy among its membership. He convincingly demonstrates that the faculty's jurisdiction and procedures were modelled on the pattern of a bishop and his cathedral canons. Gregory S. Moule's analysis of Pierre D'Ailly's Apologia confirms the faculty's jurisdiction and establishes that the censures of Denis Foulechat and John of Monteson were instances of judicial rather than fraternal correction. Medieval discussions of Judas Iscariot further clarify fraternal correction's role in the process of censure. Canon law, corporate theory, scholastic theology, and biblical commentary are employed to produce a wide-ranging, original, and thought-provoking study.
Author: Henry Ansgar Kelly
Author: H.A. Kelly
Author: Mary Catherine Flannery
Author: Henry Ansgar Kelly
Author: Mishtooni Bose
Author: Thomas A. Fudge
Author: Autori Vari
Author: 
Author: Caroline Dunn
Author: Gregory S. Moule