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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.
This book challenges the recently established consensus that the
trial was a carefully prepared and executed judicial process in
which the judges were amenable to reasonable arguments. Thomas
More's treason trial in 1535 is one of history's most famous court
cases, yet never before have all the major documents been
collected, translated, and analyzed by a team of legal and Tudor
scholars. This edition serves asan important sourcebook and
concludes with a 'docudrama' reconstructing the course of the trial
based on these documents. Legal experts H. A. Kelly and R. H.
Helmholz take different approaches to the legalities of this trial,
and four experienced judges [including Justice of the Queen's Bench
Sir Michael Tugendhat] discuss the trial with some disagreements -
notably on the meaning and requirement of 'malice' called for in
the Parliamentary Act of Supremacy. More's own accounts of his
interrogations in prison are analyzed, and the trial's procedures
are compared to and contrasted with 16th-century concepts of
natural law and also modern judicial practices and principles. The
book is a 'must read' not only for students of law and Tudor
history but also for all concerned with justice and due process. As
a whole, the book challenges Duncan Derrett's conclusions that the
trial was conducted in accord with contemporary legal norms and
that More was convicted only on the single charge of denying
Parliament the power to declare Henry VIII Supreme Head of the
English Church [testified to by Richard Rich] - a position that has
been uniformly accepted by historians since 1964. HENRY ANSGAR
KELLY is past Director of the Center for Medieval and Renaissance
Studies, UCLA. LOUIS W. KARLIN is an attorney with the California
Court of Appeal and Fellow of the Center for Thomas More Studies,
University of Dallas. GERARD B. WEGEMER is Director of the Center
for Thomas More Studies.
These essays, in a second collection by Professor Kelly,
investigate legal and religious subjects touching on the age and
places in which Geoffrey Chaucer lived and wrote, especially as
reflected in the more contemporary sections of the Canterbury
Tales. Topics include the canon law of incest (consanguinity,
affinity, spiritual kinship), the prosecution of sexual offences
and regulation of prostitution (especially in the Stews of
Southwark), legal opinions about wife-beating, and the laws of
nature concerning gender distinction (focusing on Chaucer's
Pardoner) and the technicalities of castration. Sacramental and
devotional practices are discussed, especially dealing with
confession and penitence and the Mass. Chaucer's Prioress serves as
the starting point for a treatment of regulations of nuns in
medieval England and also for the presence, real and virtual, of
Jews and Saracens (Muslims and pagans) in England and conversion
efforts of the time, as well as sympathetic or antipathetic
attitudes towards non-Christians. Included is a case study on the
legend of St Cecilia in Chaucer and elsewhere, and as patron of
music; and a discussion of canonistic opinion on the licit limits
of medicinal magic (in connection with the ministrations of John
the Carpenter in the Miller's Tale).
A study of Chaucer's definition of tragedy - with special reference
to Troilus -and its lasting influence on English dramatists. This
book is concerned with the medieval idea of what constituted
tragedy; it suggests that it was not a common term, and that those
few who used the term did not always intend the same thing by it.
Kelly believes that it was Chaucer's work which shaped notions of
the genre, and places his achievement in critical and historical
context. He begins by contrasting modern with medieval theoretical
approaches to genres, then discusses Boccaccio's concept of tragedy
before turning to Chaucer himself, exploring the ideas of tragedy
prevalent in medieval England and their influence on Chaucer, and
showing how Chaucer interpreted the term. Troilus and Criseyde is
analysed specifically as a tragedy, with an account of its
reception in modern times; for comparison, there is an analysis of
how John Lydgate and Robert Henryson, two of Chaucer's imitators,
understood and practiced tragedy. Professor HENRY ANSGAR KELLY
teaches at UCLA.
In the last quarter of the fourteenth century, the complete Old and
New Testaments were translated from Latin into English, first very
literally, and then revised into a more fluent, less Latinate
style. This outstanding achievement, the Middle English Bible, is
known by most modern scholars as the "Wycliffite" or "Lollard"
Bible, attributing it to followers of the heretic John Wyclif.
Prevailing scholarly opinion also holds that this Bible was
condemned and banned by the archbishop of Canterbury, Thomas
Arundel, at the Council of Oxford in 1407, even though it continued
to be copied at a great rate. Indeed, Henry Ansgar Kelly notes, it
was the most popular work in English of the Middle Ages and was
frequently consulted for help in understanding Scripture readings
at Sunday Mass. In The Middle English Bible: A Reassessment, Kelly
finds the bases for the Wycliffite origins of the Middle English
Bible to be mostly illusory. While there were attempts by the
Lollard movement to appropriate or coopt it after the fact, the
translation project, which appears to have originated at the
University of Oxford, was wholly orthodox. Further, the 1407
Council did not ban translations but instead mandated that they be
approved by a local bishop. It was only in the early sixteenth
century, in the years before the Reformation, that English
translations of the Bible would be banned.
This book challenges the recently established consensus that the
trial was a carefully prepared and executed judicial process in
which the judges were amenable to reasonable arguments. Thomas
More's treason trial in 1535 is one of history's most famous court
cases, yet never before have all the major documents been
collected, translated, and analyzed by a team of legal and Tudor
scholars. This edition serves asan important sourcebook and
concludes with a 'docudrama' reconstructing the course of the trial
based on these documents. Legal experts H. A. Kelly and R. H.
Helmholz take different approaches to the legalities of this trial,
and four experienced judges [including Justice of the Queen's Bench
Sir Michael Tugendhat] discuss the trial with some disagreements -
notably on the meaning and requirement of 'malice' called for in
the Parliamentary Act of Supremacy. More's own accounts of his
interrogations in prison are analyzed, and the trial's procedures
are compared to and contrasted with 16th-century concepts of
natural law and also modern judicial practices and principles. The
book is a 'must read' not only for students of law and Tudor
history but also for all concerned with justice and due process. As
a whole, the book challenges Duncan Derrett's conclusions that the
trial was conducted in accord with contemporary legal norms and
that More was convicted only on the single charge of denying
Parliament the power to declare Henry VIII Supreme Head of the
English Church [testified to by Richard Rich] - a position that has
been uniformly accepted by historians since 1964. Henry Ansgar
Kelly, Distinguished Research Professor, is past Director of the
Center for Medieval and Renaissance Studies, UCLA. LOUIS W. KARLIN
is an attorney with the California Department of Justice and Fellow
of the Center for Thomas More Studies, University of Dallas. GERARD
B. WEGEMER is Director of the Center for Thomas More Studies and
Professor of Literature at the University ofDallas.
Christians traditionally think of Satan as Lucifer, God's enemy,
who rebelled against Him out of pride and then caused Adam and Eve
to sin. But, as Kelly shows, this portrayal is not biblical but a
scenario invented by the early Fathers of the Church which became
the 'New Biography of Satan'. The 'Original Biography' must be
reconstructed from the New Testament where Satan is the same sort
of celestial functionary we see in the Book of Job - appointed to
govern the world, specifically to monitor and test human beings.
But he is brutal and deceitful in his methods, and Jesus predicts
that his rule will soon come to an end. Kelly traces the further
developments of the 'New Biography': humankind's inherited guilt,
captivity by Satan, and punishment in Hell at his hands. This
profile of Satan remains dominant, but Kelly urges a return to the
'Original Biography of Satan'.
Christians traditionally think of Satan as Lucifer, God's enemy,
who rebelled against Him out of pride and then caused Adam and Eve
to sin. But, as Kelly shows, this portrayal is not biblical but a
scenario invented by the early Fathers of the Church which became
the 'New Biography of Satan'. The 'Original Biography' must be
reconstructed from the New Testament where Satan is the same sort
of celestial functionary we see in the Book of Job - appointed to
govern the world, specifically to monitor and test human beings.
But he is brutal and deceitful in his methods, and Jesus predicts
that his rule will soon come to an end. Kelly traces the further
developments of the 'New Biography': humankind's inherited guilt,
captivity by Satan, and punishment in Hell at his hands. This
profile of Satan remains dominant, but Kelly urges a return to the
'Original Biography of Satan'.
'Tragedy' has been understood in a variety of conflicting ways over
the centuries, and the term has been applied to a wide range of
literary works. In this book, H. A. Kelly explores the various
meanings given to tragedy, from Aristotle's most basic notion (any
serious story, even with a happy ending), via Roman ideas and
practices, to the middle ages, when Averroes considered tragedy to
be the praise of virtue but Albert the Great thought of it as the
recitation of the foul deeds of degenerate men. Professor Kelly
demonstrates the importance of finding out what writers like
Horace, Ovid, Dante and Chaucer meant by the term, and how they
used it as a tool of interpretation and composition. Referring to a
wealth of texts, he shows that many modern analyses of ancient and
medieval concepts and works are oversimplified and often result in
serious misinterpretations. The book ends with surveys of works
designated as tragedies in England, France, Italy and Spain.
'Tragedy' has been understood in a variety of conflicting ways over
the centuries, and the term has been applied to a wide range of
literary works. In this book, H. A. Kelly explores the various
meanings given to tragedy, from Aristotle's most basic notion (any
serious story, even with a happy ending), via Roman ideas and
practices, to the middle ages, when Averroes considered tragedy to
be the praise of virtue but Albert the Great thought of it as the
recitation of the foul deeds of degenerate men. Professor Kelly
demonstrates the importance of finding out what writers like
Horace, Ovid, Dante and Chaucer meant by the term, and how they
used it as a tool of interpretation and composition. Referring to a
wealth of texts, he shows that many modern analyses of ancient and
medieval concepts and works are oversimplified and often result in
serious misinterpretations. The book ends with surveys of works
designated as tragedies in England, France, Italy and Spain.
These essays, in a second collection by Professor Kelly,
investigate legal and religious subjects touching on the age and
places in which Geoffrey Chaucer lived and wrote, especially as
reflected in the more contemporary sections of the Canterbury
Tales. Topics include the canon law of incest (consanguinity,
affinity, spiritual kinship), the prosecution of sexual offences
and regulation of prostitution (especially in the Stews of
Southwark), legal opinions about wife-beating, and the laws of
nature concerning gender distinction (focusing on Chaucer's
Pardoner) and the technicalities of castration. Sacramental and
devotional practices are discussed, especially dealing with
confession and penitence and the Mass. Chaucer's Prioress serves as
the starting point for a treatment of regulations of nuns in
medieval England and also for the presence, real and virtual, of
Jews and Saracens (Muslims and pagans) in England and conversion
efforts of the time, as well as sympathetic or antipathetic
attitudes towards non-Christians. Included is a case study on the
legend of St Cecilia in Chaucer and elsewhere, and as patron of
music; and a discussion of canonistic opinion on the licit limits
of medicinal magic (in connection with the ministrations of John
the Carpenter in the Miller's Tale).
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