At present the ecclesiastical courts pu nish for heresy, when they do punish, pro salute animae, as it is termed,—that is, solely out of regard to the soul of the offender. But it is difficult to say at present what can be called heresy ; and perhaps it is difficult to say what is exactly the punishment for it. It is remarked in the Report of the Criminal Law Commissioners on Penalties and Disabilities in regard to Religious Opi nions, 1845 (p. 22), that " the jurisdiction, as it may affect the laity, and clergy not of the established church, or indeed as administered pro salute animae, appears to militate with the principles contained in modern acts of toleration, that are incon sistent with the infliction of punishments for mere opinions with respect to particu lar articles of faith or mode of worship." Indeed there seems no risk in asserting that much of the jurisdiction of the eccle siastical courts in respect to heresy, whe ther it shows itself in speaking, writing, or preaching, has been destroyed by the various Toleration Acts. The Criminal Law Commissioners see no reason for re taining the jurisdiction of the ecclesi astical courts in matters of heresy, "except, so far as it may be directed, to prevent ministers of the Established Church from preaching in opposition to the Articles and doctrine of the establish ment of which they receive their emolu ments." So far as this, there is certainly
no objection. There ought to be some speedy mode of depriving a man of these emoluments which he accepts upon certain terms. He who will receive alms [Fiterix ALMOIGNE], and yet preach against the doctrines which he is paid for teaching, deserves the reprobation of all mankind ; and those who dislike ecclesiastical autho rity most could not be better pleased than to see such an offender handed over to his brethren to be dealt with in any way that the law of the church provides, to which the offender has solemnly submitted him self.
In the year 1845 proceedings were commenced in the Arches' Court of Can terbury against the Rev. Mr. Oakley for writing, publishing, and maintaining doc trines contrary to the articles of religion.
The history of Heresy in England is instructive. The change from burning alive to the free expression of opinion on religious matters is one of the steps in the social progress of England. For some other matters connected with the subject, see BLASPHEMY.