Thomas More on Inquisitorial Due Process

In two treatises of 1533, Christopher St German accused the English bishops of grossly unjust prosecution of heresy suspects. Thomas More vigorously defended the prelates in his Apology and Debellation of Salem. Modern historians have concluded that St German had the better of the dispute, judging that he was only wanting fair trials for suspects, with More countering that this would flood the land with heretics. In fact, More asserted that the bishops consistently followed the requirements of canon law for criminal procedure in ex officio (inquisitorial) trials, notably the need for at least two witnesses, whose identity and testimony were to be made known to the defendant. More repeatedly challenged St. German to give historical instances of episcopal violations of these canons over the past century. A review of English heresy proceedings in the present article confirms More's judgment of the bishops’ adherence to due process. The 1534 Heresy Act with its insistence on two witnesses added nothing to the canonical procedure already observed.