Page:William Blackstone, Commentaries on the Laws of England (4th ed, 1770, vol IV).djvu/57

Ch. 4. doctrines, publicly and obtinately avowed; being defined, “ententia rerum divinarum humano enu excogitata, palam docta, et pertinaciter defena .” And here it mut alo be acknowleged that particular modes of belief or unbelief, not tending to overturn chritianity itelf, or to ap the foundations of morality, are by no means the object of coercion by the civil magitrate. What doctrines hall therefore be adjudged herey, was left by our old contitution to the determination of the eccleiatical judge; who had herein a mot arbitrary latitude allowed him. For the general definition of an heretic given by Lyndewode, extends to the mallet deviations from the doctrines of holy church: “haereticus et qui dubitat de fide catholica, et qui negligit ervare ea, quae Romana eccleia tatuit, eu ervare decreverat.” Or, as the tatute 2 Hen. IV. c. 15. exprees it in Englih, “teachers of erroneous opinions, contrary to the faith and bleed determinations of the holy church.” Very contrary this to the uage of the firt general councils, which defined all heretical doctrines with the utmot preciion and exactnes. And what ought to have alleviated the punihment, the uncertainty of the crime, eems to have enhanced it in thoe days of blind zeal and pious cruelty. It is true, that the anctimonious hypocriy of the canonits went at firt no farther than enjoining penance, excommunication, and eccleiatical deprivation, for herey; though afterwards they proceeded boldly to imprionment by the ordinary, and confication of goods in pios uus. But in the mean time they had prevailed upon the weaknes of bigotted princes to make the civil power ubervient to their purpoes, by making herey not only a temporal, but even a capital, offence: the Romih eccleiatics determining, without appeal, whatever they pleaed to be herey, and hifting off to the ecular arm the odium and drudgery of executions; with which they themelves were too tender and delicate to intermeddle. Nay they pretended to intercede and pray, on behalf of the convicted heretic, ut citra mortis periculum ententia circa eum moderetur : well Rh