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Maiestas Carolina

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The Maiestas Carolina was a legal code proposed by Charles IV., Holy Roman Emperor in 1350 to govern Bohemia . It received its name not before 1617.

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58-507: Based on previous legal customs and the Liber Augustalis of 1231, the aim of the code was to increase royal power. Included among its provisions were sections granting the right to judge criminal cases solely to the king and others allowing the king greater control over functionaries in order to increase royal revenues. The code also contained sections regarding forest conservation . The nobility, however, demanded to act as had always been

116-482: A fatwa that declared the writing of Salman Rushdie to be heretical, and a bounty was issued for anyone who assassinated him. Heresy remains an offense punishable by death in some nations. The Baháʼí Faith is considered an Islamic heresy in Iran, with systematic persecution of Baháʼís . Orthodox Judaism considers views on the part of Jews who depart from traditional Jewish principles of faith heretical. In addition,

174-625: A new legal code for the Kingdom of Sicily promulgated on 1 September 1231 by Emperor Frederick II . It was given at Melfi , the town from which Frederick's Norman ancestors had first set out to conquer the Mezzogiorno two centuries earlier. Originally a reform of the Assizes of Capua of 1220, themselves his reform of the Assizes of Ariano of 1140, the Constitutions formed the basis of Sicilian law for

232-510: A number of executions on charges of heresy. During the thirty-eight years of Henry VIII 's reign, about sixty heretics, mainly Protestants, were executed and a rather greater number of Catholics lost their lives on grounds of political offences such as treason, notably Sir Thomas More and Cardinal John Fisher , for refusing to accept the king's supremacy over the Church in England. Under Edward VI ,

290-473: A young person would examine various philosophies to determine how to live. The word heresy is usually used within a Christian, Jewish, or Islamic context, and implies slightly different meanings in each. The founder or leader of a heretical movement is called a heresiarch , while individuals who espouse heresy or commit heresy are known as heretics . According to Titus 3 :10 a divisive person should be warned twice before separating from him. The Greek for

348-512: Is among the foundational documents of Lutheranism, lists 10 heresies by name which are condemned: Manichaeans , Valentinians , Arians , Eunomians , Mohammedans , Samosatenes , Pelagians , Anabaptists , Donatists and "certain Jewish opinions". The 39 Articles of the Anglican Communion condemn Pelagianism as a heresy. In Britain, the 16th-century English Reformation resulted in

406-454: 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. Heresy in Christianity , Judaism , and Islam has at times been met with censure ranging from excommunication to the death penalty. Heresy is distinct from apostasy , which is

464-399: Is nearly powerless against exoheretics. He acknowledged by examples that heresy has repeatedly become orthodoxy. Publishing his findings as The Dinosaur Heresies , revisionist paleontologist Robert T. Bakker , himself a scientific endoheretic, treated the mainstream view of dinosaurs as dogma : I have enormous respect for dinosaur paleontologists past and present. But on average, for

522-495: Is not devoted to the Catholic Church and to our Orthodox holy Faith" a heretic. The Church had always dealt harshly with strands of Christianity that it considered heretical, but before the 11th century these tended to centre on individual preachers or small localised sects, like Arianism , Pelagianism , Donatism , Marcionism and Montanism . The diffusion of the almost Manichaean sect of Paulicians westwards gave birth to

580-454: Is some theological and practical overlap between these groups. The act of using Church of Scientology techniques in a form different from that originally described by L. Ron Hubbard is referred to within Scientology as " squirreling " and is said by Scientologists to be high treason . The Religious Technology Center has prosecuted breakaway groups who have practiced Scientology outside

638-635: Is welcome, of ideas that are in fundamental disagreement with the status quo in any practice and branch of knowledge. Scientist/author Isaac Asimov considered heresy as an abstraction, mentioning religious, political, socioeconomic and scientific heresies. He divided scientific heretics into: endoheretics, those from within the scientific community ; and exoheretics, those from without. Characteristics were ascribed to both and examples of both kinds were offered. Asimov concluded that science orthodoxy defends itself well against endoheretics (by control of science education, grants and publication as examples), but

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696-657: The Gnostics ' teachings as heretical. He also invoked the concept of apostolic succession to support his arguments. Constantine the Great , who along with Licinius had decreed toleration of Christianity in the Roman Empire by what is commonly called the Edict of Milan , and was the first Roman Emperor baptized, set precedents for later policy. By Roman law the Emperor was Pontifex Maximus ,

754-686: The Great Schism and the Protestant Reformation , various Christian churches have also used the concept in proceedings against individuals and groups those churches deemed heretical. The Eastern Orthodox Church also rejects the early Christian heresies such as Arianism , Gnosticism , Origenism , Montanism , Judaizers , Marcionism , Docetism , Adoptionism , Nestorianism , Monophysitism , Monothelitism and Iconoclasm . Martin Luther and Philip Melanchthon , who played an instrumental part in

812-544: The Liber is the product of months of work by a committee. The Constitutions were written in Latin and translated into Greek before their promulgation. They were meant to apply, as with previous Sicilian law, to all the peoples of the realm: Lombards, Greeks, Saracens, Germans, Jews. The 253 clauses are divided into three books: The Constitutions, like the Assizes before them, strengthened

870-440: The state church of the Roman Empire . Prior to the issuance of this edict, the Church had no state-sponsored support for any particular legal mechanism to counter what it perceived as "heresy". By this edict the state's authority and that of the Church became somewhat overlapping. One of the outcomes of this blurring of Church and state was the sharing of state powers of legal enforcement with church authorities. Within six years of

928-633: The 7th-century text Concerning Heresy , Saint John of Damascus named Islam as Christological heresy, referring to it as the "heresy of the Ishmaelites" (see medieval Christian views on Muhammad ). The position remained popular in Christian circles well into the 20th century, by theologians such as the Congregationalist cleric Frank Hugh Foster and the Roman Catholic historian Hilaire Belloc ,

986-689: The Cathars grew to represent a popular mass movement and the belief was spreading to other areas. The Cathar Crusade was initiated by the Catholic Church to eliminate the Cathar heresy in Languedoc . Heresy was a major justification for the Inquisition ( Inquisitio Haereticae Pravitatis , Inquiry on Heretical Perversity) and for the European wars of religion associated with the Protestant Reformation . Galileo Galilei

1044-453: The Catholic Church was Spanish schoolmaster Cayetano Ripoll in 1826. The number of people executed as heretics under the authority of the various "ecclesiastical authorities" is not known. Although less common than in earlier periods, in modern times, formal charges of heresy within Christian churches still occur. Issues in the Protestant churches have included modern biblical criticism and

1102-462: The Constitutions affected the bishops as they did all great landholders, but they also affected them in unique ways. The clergymen were made subject to the common courts. They were deprived also of judgement over heretics , prohibited from acquiring lands, and forced to sell inheritances. Also like the great dioceses and baronies, the cities were affected by the centralising laws which removed their powers and made them more directly subject to not only

1160-436: The Constitutions prohibited bearing arms without permission. A standing Saracen army was created to prevent the king from having to call up the unreliable barons, surely angered by the Constitutions. These, the feudatories, were gravely affected in other ways, too. For example, the sale of fiefs was banned, putting an end to subinfeudation, and all vassals were subject to the king's taxes and other imposts. Ecclesiastically,

1218-520: The Czech translation were published by František Palacký in 1844 as part of the third volume of the Czech Archive. edited by František Palacký , in: Archiv český 3 (1844), p. 65-180. This article relating to the law of Europe or of a European country is a stub . You can help Misplaced Pages by expanding it . Liber Augustalis The Constitutions of Melfi , or Liber Augustalis , were

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1276-572: The Jew the heretic has accepted guidance in this discussion [that Jesus was not the Christ ]." The use of the word heresy was given wide currency by Irenaeus in his 2nd-century tract Contra Haereses ( Against Heresies ) to describe and discredit his opponents during the early centuries of the Christian community. He described the community's beliefs and doctrines as orthodox (from ὀρθός , orthos , "straight" or "correct" and δόξα , doxa , "belief") and

1334-568: The actions of the Anglican Puritans , who at that time wielded political as well as ecclesiastic control in the Massachusetts Bay Colony . At the time, the colony leaders were apparently hoping to achieve their vision of a "purer absolute theocracy" within their colony. As such, they perceived the teachings and practices of the rival Quaker sect as heretical, even to the point where laws were passed and executions were performed with

1392-540: The aim of ridding their colony of such perceived "heresies." The Articles of Religion of the Methodist Churches teach that Pelagianism is a heresy. John Wesley , the founder of the Methodist tradition, harshly criticized antinomianism, considering it the "worst of all heresies". He taught that Christian believers are bound to follow the moral law for their sanctification . Methodist Christians thus teach

1450-405: The ancient laws and by our constitutions." The Constitutions notably used reason and logic to dismiss the superstitious foundations of the ordeal; for example, the use of trial by hot iron was dismissed because people believed "the natural heat of white-hot iron grows hot and, what is even more foolish, grows cold for no good reason at all", and trial by water was forbidden because of the belief "that

1508-510: The code at the General Assembly, which was the end of Charles's hopes for its publication. Charles withdrew the code in 1355, and it never came into effect. But to save face, he said that the manuscript had been accidentally destroyed - burned. In connection with Maiestas Carolina, the Ordo iudicii terrae (In Czech Řád práva zemského ), a legal book, was created in the 14th century. The text and

1566-400: The concept of heresy was retained in theory but severely restricted by the 1559 Act of Supremacy and the one hundred and eighty or so Catholics who were executed in the forty-five years of her reign were put to death because they were considered members of "a subversive fifth column ." The last execution of a "heretic" in England occurred under James VI and I in 1612. Although the charge

1624-427: The custom; they did not want to be bound by any written law. With this code, which contained 109 articles, Charles IV intended to secure the royal property - defining 29 royal towns and 13 castles, that could not be pledged, another 13 towns and 14 castles could be pledged for a maximum of nine years. The Bohemian Diet resented the loss of their own power and opposed the code. In 1355, the nobility finally rejected

1682-509: The defendant of the crime, who has been established only by his guilty conscience, will not be received by the element of freezing water, when, in fact, it is the retention of sufficient air that prevents him from submerging." Frederick also banned trial by battle, ordering that more weight be given to the testimony of witnesses, although exceptions to this were granted to knights, and for cases in which no witnesses could be provided. The Constitutions also contain incidental information relating to

1740-471: The details of his work are in scientific disrepute, the concept of catastrophic change ( extinction event and punctuated equilibrium ) has gained acceptance in recent decades. The term heresy is used not only with regard to religion but also in the context of political theory. The term heresy is also used as an ideological pigeonhole for contemporary writers because, by definition, heresy depends on contrasts with an established orthodoxy . For example,

1798-468: The equality of all citizens before the law was affirmed. The Constitutions made much of reducing the power of the nobility and of following the Roman tradition of equality before the law: thus, all freemen, all citizens, were equals, in theory. Likewise, for the benefit of commoners, Frederick banned trial by ordeal , ordering his judges to use instead "the common methods of proof which have been introduced both by

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1856-484: The explicit renunciation of one's religion, principles or cause; and from blasphemy , which is an impious utterance or action concerning God or sacred things. Heresiology is the study of heresy. Derived from Ancient Greek haíresis ( αἵρεσις ), the English heresy originally meant "choice" or "thing chosen". However, it came to mean the "party, or school, of a man's choice", and also referred to that process whereby

1914-619: The famous 11th- and 12th-century heresies of Western Europe. The first one was that of Bogomils in modern-day Bulgaria, a sort of sanctuary between Eastern and Western Christianity. By the 11th century, more organised groups such as the Patarini , the Dulcinians , the Waldensians and the Cathars were beginning to appear in the towns and cities of northern Italy, southern France and Flanders. In France

1972-621: The formation of the Lutheran Churches , condemned Johannes Agricola and his doctrine of antinomianism  – the belief that Christians were free from the moral law contained in the Ten Commandments  – as a heresy. Traditional Lutheranism, espoused by Luther himself, teaches that after justification, "the Law of God continued to guide people in how they were to live before God." The Augsburg Confession of 1539, which

2030-457: The heresy laws were repealed in 1547 only to be reintroduced in 1554 by Mary I ; even so two radicals were executed in Edward's reign (one for denying the reality of the incarnation, the other for denying Christ's divinity). Under Mary, around two hundred and ninety people were burned at the stake between 1555 and 1558 after the restoration of papal jurisdiction. When Elizabeth I came to the throne,

2088-557: The high priest of the College of Pontiffs ( Collegium Pontificum) of all recognized religions in ancient Rome . To put an end to the doctrinal debate initiated by Arius , Constantine called the first of what would afterwards be called the ecumenical councils and then enforced orthodoxy by Imperial authority. The first known usage of the term in a legal context was in AD 380 by the Edict of Thessalonica of Theodosius I , which made Christianity

2146-532: The king as more and more simple freemen were raised to power. The magistrates were elected for a year pending reaffirmation and received a salary from the state. This made them loyal to the king and his administration, for without it they were nothing. The great officers of the Regno were the ancient ammiratus ammiratorum , the grand protonotary (or logothete ), great Chamberlain , great seneschal , great chancellor , great constable , and master justiciar . The last

2204-480: The king, but his ministers as well. Cities could not become communes , as many in Northern Italy had, and were prohibited from electing consuls or podestàs , on pain of sack and pillage. Like the baronage, the cities were deprived of rights of penal justice. These were transferred to the king and his magistrates alone. These magistrates or ministers became a more important class. Fewer and fewer noblemen served

2262-535: The last fifty years, the field hasn't tested dinosaur orthodoxy severely enough. He adds that, "Most taxonomists, however, have viewed such new terminology as dangerously destabilizing to the traditional and well-known scheme." The illustrations by the author show dinosaurs in very active poses, in contrast to the traditional perception of lethargy. Immanuel Velikovsky is an example of a recent scientific exoheretic; he did not have appropriate scientific credentials and did not publish in scientific journals . While

2320-574: The latter describing it as "the great and enduring heresy of Mohammed." For some years after the Reformation , Protestant churches were also known to execute those they considered heretics; for example, Michael Servetus was declared a heretic by both the Reformed Church and Catholic Church for rejecting the Christian doctrine of the Holy Trinity . The last known heretic executed by sentence of

2378-503: The more right-wing groups within Orthodox Judaism hold that all Jews who reject the simple meaning of Maimonides 's 13 principles of Jewish faith are heretics. As such, most of Orthodox Judaism considers Reform and Reconstructionist Judaism heretical movements, and regards most of Conservative Judaism as heretical. The liberal wing of Modern Orthodoxy is more tolerant of Conservative Judaism, particularly its right wing, as there

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2436-732: The nature of God. In the Catholic Church , the Congregation for the Doctrine of the Faith criticizes writings for "ambiguities and errors" without using the word "heresy." On 11 July 2007, Pope Benedict XVI stated that some Protestant groups are "ecclesial communities" rather than Churches. Representatives of some of these Christian denominations accused the Vatican of effectively calling them heretics. However, Pope Benedict   XVI clarified that

2494-884: The necessity of following the moral law as contained in the Ten Commandments, citing Jesus' teaching, "If ye love me, keep my commandments" (cf. Saint John 14:15). Starting in medieval times, Muslims began to refer to heretics and those who antagonized Islam as zindiqs , the charge being punishable by death. Ottoman Sultan Selim the Grim regarded the Shia Qizilbash as heretics. Shiites, in general, have often been considered heretics by Sunni Muslims , especially in Indonesia , Saudi Arabia and Turkey . To Mughal Emperor Aurangzeb , Sikhs were heretics. In 1989, Ruhollah Khomeini , supreme religious leader of Iran , issued

2552-441: The next six centuries. The author of the Constitutions is purported to be Frederick himself, though Giacomo Amalfitano , Archbishop of Capua , appears as an influence as well. He was even reproved by the pope for accepting and advising clauses contrary to the wishes of the church. Traditionally, the work has been attributed to Pier delle Vigne , but it is almost certain that, while Frederick, Giacomo and Pier had their hand in it,

2610-525: The official Church without authorization. Although Zoroastrianism has had an historical tolerance for other religions, it also held sects like Zurvanism and Mazdakism heretical to its main dogma and has violently persecuted them, such as burying Mazdakians with their feet upright as "human gardens." In later periods Zoroastrians cooperated with Muslims to kill other Zoroastrians deemed heretical. Buddhist and Taoist monks in medieval China often called each other "heretics" and competed to be praised by

2668-631: The official criminalization of heresy by the Emperor, the first Christian heretic to be executed, Priscillian , was condemned in 386 by Roman secular officials for sorcery, and put to death with four or five followers. However, his accusers were excommunicated both by Ambrose of Milan and by Pope Siricius, who opposed Priscillian's heresy, but "believed capital punishment to be inappropriate at best and usually unequivocally evil." The edict of Theodosius II (435) provided severe punishments for those who had or spread writings of Nestorius. Those who possessed writings of Arius were sentenced to death. In

2726-511: The phrase "divisive person" became a technical term in the early Church for a type of "heretic" who promoted dissension. In contrast, correct teaching is called sound not only because it builds up the faith, but because it protects it against the corrupting influence of false teachers. Tertullian ( c.  AD 155–240 ) implied that it was the Jews who most inspired heresy in Christianity: "From

2784-434: The phrase "ecclesial community" did not necessitate explicit heresy, but only that the communities lacked certain "essential elements" of an apostolic church, as he had written in the document Dominus Iesus . In the Catholic Church , obstinate and willful manifest heresy is considered to spiritually cut one off from the Church, even before excommunication is incurred. The Codex Justinianus (1:5:12) defines "everyone who

2842-422: The power of the king and diminished the power of his feudatories. The centralising and bureaucratising tendencies of Roger II 's legislation continued a century later in the Constitutions. It also continued to emphasise the sacral role and God-given right to rule of the monarch. Frederick II wrote in the Constitutions that "we, whom He elevated beyond hope of man to the pinnacle of the Roman Empire." Militarily,

2900-522: The practice of medicine. Frederick proclaimed that, in order to become a medical practitioner, it was necessary to have some practical experience, which many European university-educated doctors did not have in 1231. According to Ernst Kantorowicz , the Liber "is the birth certificate of the modern administrative state." The Constitutions of Melfi remained applicable law in the Kingdom of Naples until 1809 and in Sicily until 1819. Heresy Heresy

2958-540: The royal court. Although today most Chinese believe in a hybrid of the "Three Teachings" (Buddhism, Taoism, Confucian) the competition between the two religions may still be seen in some teachings and commentaries given by both religions today. A similar situation happened with Shinto in Japan. Neo-Confucian heresy has also been described. In other contexts the term does not necessarily have pejorative overtones and may even be complimentary when used, in areas where innovation

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3016-466: The souls of the Jews." He labeled all heresy as "Jewish", claiming that Judaism would "pollute [Catholics and] deceive them with sacrilegious seduction." The identification of Jews and heretics in particular occurred several times in Roman-Christian law . In Eastern Orthodox Christianity heresy most commonly refers to those beliefs declared heretical by the first seven Ecumenical Councils . Since

3074-414: The tongue-in-cheek contemporary usage of heresy, such as to categorize a " Wall Street heresy" a " Democratic heresy" or a " Republican heresy", are metaphors that invariably retain a subtext that links orthodoxies in geology or biology or any other field to religion. These expanded metaphoric senses allude to both the difference between the person's views and the mainstream and the boldness of such

3132-612: Was brought before the Inquisition for heresy, but abjured his views and was sentenced to house arrest , under which he spent the rest of his life. Galileo was found "vehemently suspect of heresy", namely of having held the opinions that the Sun lies motionless at the centre of the universe , and that the Earth is not at its centre and moves, and that one may hold and defend an opinion as probable after it has been declared contrary to Holy Scripture. He

3190-517: Was required to "abjure, curse and detest" those opinions. Most contemporary historians of science believe the Galileo affair is an exception in the overall relationship between science and Christianity. Pope Gregory I stigmatized Judaism and the Jewish people in many of his writings. He described Jews as enemies of Christ: "The more the Holy Spirit fills the world, the more perverse hatred dominates

3248-553: Was technically one of "blasphemy" there was one later execution in Scotland (still at that date an entirely independent kingdom) when in 1697 Thomas Aikenhead was accused, among other things, of denying the doctrine of the Trinity. Another example of the persecution of heretics under Protestant rule was the execution of the Boston martyrs in 1659, 1660, and 1661. These executions resulted from

3306-464: Was the head of the Magna Curia , the court of the king (his curia regis ) and the final court of appeal . The Magna Curia Rationum , a division of the curia , acted as an auditing department on the great bureaucracy. Other than this, there was a sort of parliament , consisting of not only the barons, but the universities and the landed commoners. It did not debate or rubber-stamp legislation, which

3364-412: Was the king's to make and unmake, but merely received it and promulgated, giving its advice where it could. Economically, state monopolies were imposed on silk, iron, and grain. On the other hand, tariffs on trade within the Regno were abolished. The privileges granted previously to Pisa and Genoa were, however, rescinded. Weights and measures were uniformly regulated across the realm. Finally,

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