Richardson, H. G., 'Heresy and the Lay Power under Richard II', The English Historical Review 51 (1936), 1-28


Quick Summary

Richard II and his government were determined to repress the Lollard heresy but resisted pressure to introduce the death penalty

  • Under Richard II the church tried to introduce the death penalty for heresy
  • From 1382 the king’s council took on new responsibilities for dealing with heresy
  • Existing legal procedures were slow and ineffectual against determined heretics
Key Conclusion

Richardson explores the development of legal procedures to deal with heresy in England during the reign of Richard II. Richardson concludes that the state, at the behest of the church, began to play a more direct role in taking action against organised heretical teaching. However, despite pressure from the church to introduce the death penalty, the English government continued to rely on ‘imprisonment and the threat of confiscation to induce submission’ (p. 24). Although Richard II and his government were determined to repress Lollardy ‘by all the means in their power’, there is no evidence to suggest that they sought the ‘acquiescence of parliament in the infliction of the ultimate penalty’ (p. 25).

Content Overview

Up until 1382, heresy was treated in the same way as any other crime that fell under the jurisdiction of the church courts. If the church was unable to deal with the ‘occasional heretics who troubled them’, legal procedures provided for the excommunication and imprisonment of the offending individual. From 1382, a new legal procedure was introduced whereby the church could ‘enlist the aid of the civil authorities in the apprehension of suspects and, from 1388, in the search for heretical writings’ (p. 24). The king’s council exercised supervision over this new development, and assumed the right to examine those suspects of Lollardy. This included periodic orders to bring anyone found to be a Lollard before the council for punishment.

Further Findings

Richardson questions why fresh measures against heresy were necessary in 1382 when the existing legal procedure already allowed bishops to excommunicate and imprison heretics? Aside from the background considerations such as the growth of the Lollard heresy and its perceived link to the Peasants’ Revolt (p. 10), Richardson argues that the existing measures were essentially ineffective against determined heretics. Aside from being sluggish, the existing measures were based on the assumption that the offender would be ‘anxious to carry on, without interruption, his mundane affairs’. They were far less effective against offenders prepared to pass from shire to shire, ‘to whom the things of this world mattered very little’ (p. 7).

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