FORE:Chapter 5Calverley was too well aware of the jealous vigilance the church exercised in cases appertaining to its jurisdiction, not to feel apprehensive that its influence might be exerted to defeat the operation of the temporal court; for, although the ecclesiastical courts could not award the last penalty to persons convicted of witchcraft or heresy, yet they were as tenacious of their exclusive right to investigate such cases, as if they possessed the power to punish. When a person accused of those crimes was adjudged to die, a writ was issued from the court of King's Bench called a writ de heretico comburendo, by virtue of which the victim was handed over to the temporal authority, and underwent the punishment awarded. But it was seldom, at this period, that the obstinacy of a delinquent brought about such a consummation, for a confession of the crime (if the first) only subjected him to ecclesiastical penance or censure. It was not till the reign of James the First that we find any legislative enactment against witchcraft. The well known passage in Exodus which conveys the divine command to the great lawgiver, "Thou shalt not suffer a witch to live," was the supposed authority from which the church derived its jurisdiction; and though the priests of the old law were armed with, and probably exercised, the ordinance in its fullest meaning, yet the disciples of a purer and milder doctrine delegated that authority to a power more suited to carry its decrees into effect.

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