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).