Secular arm

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Secular arm, in ecclesiastical law, refers to the legal authority of the civil power, the State, or any lay authority, invoked by the Church to punish offenders in cases properly belonging to the jurisdiction of the Church. This was considered the remedy in cases where excommunication was deemed insufficient and that sterner measures were required to secure obedience to the law. [1]

Contents

The secular arm as a means by which lay power intervenes in ecclesiastical cases had two types: sought and unsought by the Church. [2] In the Middle Ages especially in Inquisition trials for heresy, or grave immorality, ecclesiastical courts delivered convicted clerical and lay offenders over to the secular arm to administer severe capital punishments. The phrase "relaxed to the secular arm" was used by the Spanish Inquisition to describe the handover of the condemned heretic. On the other hand, an individual could seek a civil court to interfere - invoking the secular arm - on account of a miscarriage of justice on the part of church authorities. [2]

The medieval Latin phrase 'brachium seculare' was translated first into late Middle English. [3]

Background

Introduced circa 1180–1250 at the time of the Albigensian Crusade, the church inquisitors delivered a Cathar heretic, or any heretic, to the secular arm, to be burnt at the stake. Under canon law church tribunals had no jurisdiction to impose penalties involving mutilation or death. [4] The law, however, provided that the judge of a common law court had the right to invoke the secular arm to address the culpability of an individual, who was a subject to ecclesiastical jurisdiction. [5] Notably the contrary circumstance of appeal by individuals to the secular authorities to interfere with, or hinder, the process of ecclesiastical jurisdiction was until recently punished in the Roman Catholic Church by excommunication. [6]

Sources

Catholic Culture The Oxford Dictionary of Phrase and Fable, Religion

Related Research Articles

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<span class="mw-page-title-main">Excommunication</span> Censure used to deprive, suspend, or limit membership in a religious community

Excommunication is an institutional act of religious censure used to deprive, suspend, or limit membership in a religious community or to restrict certain rights within it, in particular those of being in communion with other members of the congregation, and of receiving the sacraments.

<span class="mw-page-title-main">Inquisition</span> System of tribunals enforcing Catholic orthodoxy

The Inquisition was a judicial procedure and a group of institutions within the Catholic Church whose aim was to combat heresy, apostasy, blasphemy, witchcraft, and customs considered deviant. Violence, torture, or the simple threat of its application, were used by the Inquisition to extract confessions and denunciations from heretics. Studies of the records have found that the overwhelming majority of sentences consisted of penances, but convictions of unrepentant heresy were handed over to the secular courts, which generally resulted in execution or life imprisonment. The Inquisition had its start in the 12th-century Kingdom of France, with the aim of combating religious deviation, particularly among the Cathars and the Waldensians. The inquisitorial courts from this time until the mid-15th century are together known as the Medieval Inquisition. Other groups investigated during the Medieval Inquisition, which primarily took place in France and Italy, include the Spiritual Franciscans, the Hussites, and the Beguines. Beginning in the 1250s, inquisitors were generally chosen from members of the Dominican Order, replacing the earlier practice of using local clergy as judges.

<span class="mw-page-title-main">Medieval Inquisition</span> System of tribunals enforcing Catholic orthodoxy

The Medieval Inquisition was a series of Inquisitions from around 1184, including the Episcopal Inquisition (1184–1230s) and later the Papal Inquisition (1230s). The Medieval Inquisition was established in response to movements considered apostate or heretical to Roman Catholicism, in particular Catharism and Waldensians in Southern France and Northern Italy. These were the first movements of many inquisitions that would follow.

The word anathema has two main meanings. One is to describe that something or someone is being hated or avoided. The other refers to a formal excommunication by a church. These meanings come from the New Testament, where an Anathema was a person or thing cursed or condemned by God. In the Old Testament, an Anathema was something or someone dedicated to God as a sacrifice, or cursed and separated from God because of sin. These represent two types of settings, one for devotion, the other for destruction.

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The Constitutions of Clarendon were a set of legislative procedures passed by Henry II of England in 1164. The Constitutions were composed of 16 articles and represent an attempt to restrict ecclesiastical privileges and curb the power of the Church courts and the extent of papal authority in England. In the anarchic conditions of Henry II's predecessor, Stephen, the church had extended its jurisdiction by taking advantage of the weakness of royal authority. The Constitutions were claimed to restore the law as it was observed during the reign of Henry I (1100–1135).

<i>De heretico comburendo</i> United Kingdom legislation

De heretico comburendo or the Suppression of Heresy Act 1400 was a law passed by Parliament under King Henry IV of England in 1401 for the suppression of the Lollards. It punished seditious heretics with burning at the stake. This law was one of the strictest religious censorship statutes ever enacted in England, affecting preaching and possession of Lollard literature.

Ecclesiastical jurisdiction is jurisdiction by church leaders over other church leaders and over the laity.

Latae sententiae and ferendae sententiae are ways sentences are imposed in the Catholic Church in its canon law.

Heresy in Christianity denotes the formal denial or doubt of a core doctrine of the Christian faith as defined by one or more of the Christian churches.

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Ad abolendam was a decretal and bull of Pope Lucius III, written at Verona and issued 4 November 1184. It was issued after the Council of Verona settled some jurisdictional differences between the Papacy and Frederick I, Holy Roman Emperor. The document prescribes measures to uproot heresy and sparked the efforts which culminated in the Albigensian Crusade and the Inquisitions. Its chief aim was the complete abolition of Christian heresy.

<span class="mw-page-title-main">Heresy</span> Belief or theory that is strongly at variance with established belief or customs

Heresy is any belief or theory that is strongly at variance with established beliefs or customs, particularly the accepted beliefs or religious law of a religious organization. A heretic is a proponent of heresy.

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In the canon law of the Catholic Church, excommunication is a form of censure. In the formal sense of the term, excommunication includes being barred not only from the sacraments but also from the fellowship of Christian baptism. The principal and severest censure, excommunication presupposes guilt; and being the most serious penalty that the Catholic Church can inflict, it supposes a grave offense. The excommunicated person is considered by Catholic ecclesiastical authority as an exile from the Church, for a time at least.

A censure, in the canon law of the Catholic Church, is a medicinal and spiritual punishment imposed by the Church on a baptized, delinquent, and contumacious individual. This punishment deprives the person, either wholly or partially, of certain spiritual goods until they resolve their contumacy. These spiritual goods may include access to the sacraments, participation in specific liturgical activities, and involvement in ecclesiastical functions.

The Venetian Inquisition, formally the Holy Office, was the tribunal established jointly by the Venetian government and the Catholic Church to repress heresy throughout the Republic of Venice. The inquisition also intervened in cases of sacrilege, apostasy, prohibited books, superstition, and witchcraft. It was established in the 16th-century and was abolished in 1797.

References

  1. Helmholz, R. H. (2004). The Oxford History of the Laws of England: The Canon law and ecclesiastical jurisdiction from 597 to the 1640s. Oxford: Oxford University Press. p. 111. ISBN   0198258976.
  2. 1 2 Cross, F. L.; Livingstone, Elizabeth A. (2005). The Oxford Dictionary of the Christian Church. Oxford: Oxford University Press. p. 1488. ISBN   9780192802903.
  3. The Oxford Dictionary of Phrase and Fable, Religion
  4. Encyclopedia of the Middle Ages p.260
  5. Hartmann, Wilfried; Pennington, Kenneth (2016). The History of Courts and Procedure in Medieval Canon Law. Washington, D.C.: Catholic University Press of America. p. 386. ISBN   9780813229041.
  6. The Concise Oxford Dictionary of the Christian Church (3 ed.)p.532