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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