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BURNING TO DEATH

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Originally appearing in Volume V04, Page 855 of the 1911 Encyclopedia Britannica.
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BURNING TO See also:

DEATH . As a legal See also:punishment for various crimes burning alive was formerly very wide-spread. It was See also:common among the See also:Romans, being given in the XII. Tables as the See also:special See also:penalty for See also:arson. Under the See also:Gothic codes adulterers were so punished, and throughout the See also:middle ages it was the See also:civil penalty for certain heinous crimes, e.g. poisoning, See also:heresy, See also:witchcraft, arson, bestiality and sodomy, and so continued in some cases, nominally at least, till the beginning of the 19th See also:century. In See also:England, under the common See also:law, See also:women condemned for high See also:treason or See also:petty treason (See also:murder of See also:husband, murder of See also:master or See also:mistress, certain offences against the See also:coin, &c.) were burned; this being considered more " decent " than See also:hanging and exposure on a gibbet. In practice the convict was strangled before being burnt. The last woman burnt in England suffered in 1789, the punishment being abolished in 1790. Burning was not included among the penalties for heresy under the See also:Roman imperial codes; but the burning of heretics by orthodox mobs had See also:long been sanctioned by See also:custom before the edicts of the See also:emperor See also:Frederick II. (1222, 1223) made it the civil-law punishment for heresy. His example was followed in See also:France by See also:Louis IX. in the Establishments of 1270. In England, where the civil law was never recognized, the common law took no See also:cognizance of ecclesiastical offences, and the See also:church courts had no See also:power to condemn to death.

There were, indeed, in the 12th and 13th centuries isolated instances of the burning of heretics. See also:

William of See also:Newburgh describes the burning of certain See also:foreign sectaries in 1169, and See also:early in the 13th century a See also:deacon was burnt by See also:order of the See also:council of See also:Oxford (See also:Foxe ii. 374; cf. See also:Bracton, de See also:Corona, ii. 300), but by what legal See also:sanction is not obvious. The right of the See also:crown to issue writs de haeretico comburendo, claimed for it by later jurists, was based on that issued by See also:Henry IV. in 1400 for the burning of William Sawtre; but See also:Sir See also:James See also:Stephen (Hist. Crim. Law) points out that this was issued " with the assent of the lords temporal," which seems to prove that the crown had no right under the common law to issue such writs. The burning of heretics was actually made legal in England by the See also:statute de haeretico comburendo (1400), passed ten days after the issue of the above See also:writ. This was repealed in 1533, but the Six Articles See also:Act of 1539 revived burning as a penalty for denying See also:transubstantiation. Under See also:Queen See also:Mary the acts of Henry IV. and Henry V. were revived; they were finally abolished in 1558 on the See also:accession of See also:Elizabeth. See also:Edward VI., Elizabeth and James I., however, burned heretics (illegally as it would appear) under their supposed right of issuing writs for this purpose.

The last heretics burnt in England were two Arians, See also:

Bartholomew See also:Legate at Smithfield, and Edward Wightman at See also:Lichfield, both in Oro. As for witches, countless See also:numbers were burned in most See also:European countries, though not in England, where they were hanged. In See also:Scotland in See also:Charles II.'s See also:day the law still was that witches were to be " worried at the stake and then burnt "; and a See also:witch was burnt at See also:Dornoch so See also:late as 1708.

End of Article: BURNING TO DEATH

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