- • Canons of the Ecumenical Fourth Lateran Council (canon 3), 1215:Secular authorities, whatever office they may hold, shall be admonished and induced and if necessary compelled by ecclesiastical censure, that as they wish to be esteemed and numbered among the faithful, so for the defense of the faith they ought publicly to take an oath that they will strive in good faith and to the best of their ability to exterminate [some translatons read "expel"] in the territories subject to their jurisdiction all heretics pointed out by the Church; so that whenever anyone shall have assumed authority, whether spiritual or temporal, let him be bound to confirm this decree by oath.But if a temporal ruler, after having been requested and admonished by the Church, should neglect to cleanse his territory of this heretical foulness, let him be excommunicated by the metropolitan and the other bishops of the province. If he refuses to make satisfaction within a year, let the matter be made known to the supreme pontiff, that he may declare the ruler’s vassals absolved from their allegiance and may offer the territory to be ruled lay Catholics, who on the extermination of the heretics may possess it without hindrance and preserve it in the purity of faith; the right, however, of the chief ruler is to be respected as long as he offers no obstacle in this matter and permits freedom of action.The same law is to be observed in regard to those who have no chief rulers (that is, are independent). Catholics who have girded themselves with the cross for the extermination of the heretics, shall enjoy the indulgences and privileges granted to those who go in defense of the Holy Land. (http://www.fordham.edu/halsall/basis/lateran4.asp)
- (25) Those convicted of heresy by the aforesaid Diocesan Bishop,surrogate or inquisitors, shall be taken in shackles to the head of state or ruler or his special representative, instantly,or at least within five days, and the latter shall apply the regulations promulgated against such persons.{7}
- (29) The head of state or
ruler must cause the names of all men rendered infamous by heresy,
or under a statute of outlawry for it, to be written in a consistent
form and manner in four books, of which one shall go to the state or
local government, another to the Diocesan bishop, the third to the
Dominican friars, and the fourth to the Franciscans, and the names
of these persons are to be read aloud three times a year in a solemn
public ceremony.
- (30) The head of state or ruler must carefully investigate the sons and grandsons of heretics and those who have lodged them, defended them, and given them aid, and in the future admit them to no public affairs or public office.
- (31) The head of state or ruler must send one of his aides, chosen by the Diocesan if there is one,with the aforesaid inquisitors obtained from the Apostolic See, as often as they shall wish, into the jurisdiction of the state and the district. This aide,as the aforesaid inquisitors shall have determined, will compel three men or more, reliable witnesses,or, if it seem good to them, the whole neighborhood, to testify to the aforesaid inquisitors if they have detected any heretics, or want to expose their motives,{9} whether the heretics celebrate rites in secret gatherings, or scoff at the common life of the faithful, and their customs; or if the witnesses want to expose those the heretics have seduced, or their defenders, or those who lodge them, or those who give the heretics help. The head of state shall proceed against the accused according to the laws of the Emperor Frederick when he governed Padua.
- (32) The head of state or ruler must, within ten days after the accusation, complete the following tasks: the destruction of the houses, the imposition of the fines, the consigning and dividing-up of the valuables that have been found or seized, all of which have already been described in this decree. He must obtain all fines in coin within three months, and divide them up in the manner to be set forth hereafter, and convict of crime those who cannot pay, and hold them in prison until they can. However, he shall be subject to investigation for all and each of these things, as it shall be described hereunder, and moreover he must designate one of the assistants, chosen by the Diocesan bishop or his surrogate and the aforesaid inquisitors, to carefully complete all these tasks; another assistant shall be substituted if they so decide.
- (33) None of these sentences or punishments imposed on account of heresy, shall,either by the motion of any public gathering, the advice of counselors, or any kind of popular outcry,or the innate humanity {10}of those in authority,be in any way waived or pardoned.
- • Pope Paul IV, Cum Ex Apostolatus Officio of 1559: Thus We will and decree that the aforementioned sentences, censures and penalties be incurred without exception by all members of the following categories:
- (i) Anysoever who, before this date, shall have been detected to have deviated from the Catholic Faith, or fallen into any heresy, or incurred schism, or provoked or committed either or both of these, or who have confessed to have done any of these things, or who have been convicted of having done any of these things.
- (ii) Anysoever who (which may God, in His clemency and goodness to all, deign to avert) shall in the future so deviate or fall into heresy, or incur schism, or shall provoke or commit either or both of these.
- (iii) Anysoever who shall be detected to have so deviated, fallen, incurred, provoked or committed, or who shall confess to have done any of these things, or who shall be convicted of having done any of these things....
- 5. [By this Our Constitution,] moreover, [which is to remain valid in perpetuity, We] also [enact, determine, decree and define:] as follows concerning those who shall have presumed in any way knowingly to receive, defend, favour, believe or teach the teaching of those so apprehended, confessed or convicted:
- (i) they shall automatically incur sentence of excommunication;
- (ii) they shall be rendered infamous;
- (iii) they shall be excluded on pain of invalidity from any public or private office, deliberation, Synod, general or provincial Council and any conclave of Cardinals or other congregation of the faithful, and from any election or function of witness, so that they cannot take part in any of these by vote, in person, by writings, representative or by any agent;
- (iv) they shall be incapable of making a will;
- (v) they shall not accede to the succession of heredity;
- (vi) no one shall be forced to respond to them concerning any business;
- (vii) if perchance they shall have been Judges, their judgements shall have no force, nor shall any cases be brought to their hearing;
- (viii) if they shall have been Advocates, their pleading shall nowise be received;
- (ix) if they shall have been Notaries, documents drafted by them shall be entirely without strength or weight;..
- (xii) finally, all Kingdoms, Duchies, Dominions, Fiefs and goods of this kind shall be confiscated, made public and shall remain so, and shall be made the rightful property of those who shall first occupy them if these shall be sincere in faith, in the unity of the Holy Roman Church and under obedience to Us and to Our successors the Roman Pontiffs canonically entering office. [Note: This Constitution was reinforced in his Papal Bull Inter multiplices [December 21, 1566] by Pope St. Pius V Note: Those words in brackets signify the Latin significance of the full authority of this Constitution above.]
Torture
- • Pope Gregory I. denounced as worthless a confession extorted by incarceration and hunger.369369 Epist. VIII. 30. But at a later period, in dealing with heretics, the Roman church unfortunately gave the sanction of her highest authority to the use of the torture, and thus betrayed her noblest instincts and holiest mission. The fourth Lateran Council (1215) inspired the horrible crusades against the Albigenses and Waldenses, and the establishment of the infamous ecclesiastico-political courts of Inquisition. These courts found the torture the most effective means of punishing and exterminating heresy, and invented new forms of refined cruelty worse than those of the persecutors of heathen Rome.
- • Pope Catholicism has now been explicitly and emphatically the Roman state religion since the imperial edict of February 28, 380,6 but the laws remain to a great extent in fundamental continuity with the old pagan legislation – including its reliance on interrogatory torture (quaestio) as a standard part of judicial practice for serious crimes. It was even prescribed, under certain circumstances, for witnesses, not just those accused of a crime.7 Infliction of severe bodily pain is also included in the Code as punishment for those duly convicted of crime. We read, for instance, that corrupt public officials are to suffer "the punishment of flogging and torture".8 As for those guilty of crime against the Emperor in person (lèse-majesté), "tortures shall tear them to pieces".9 All in all, the Theodosian Code provides for torture, either as quaestio or as punishment for convicted criminals, in no less than 40 legally specified situations.10 However the higher clergy are exempt: bishops and priests (but not "clerics of a lower grade") "shall be able to give their testimony without the outrage of torture, that is, without corporal punishment"11
- • Pope The treatment of heretics and schismatics in this original Christian respublica was severe, but milder than in subsequent mediaeval times. They were not put to death, but were reduced to poverty by the confiscation of their property, and were subject to legal disabilities (incapable of making testaments)...
- • Pope St. Thomas Aquinas (13th century)..without mentioning the word, he does justify the contemporary Inquisition’s use of torture (recently introduced in 1252 by Pope Innocent IV... in considering whether unbelievers may be "compelled" to the faith, he first acknowledges that those who have never been Christians (i.e., Jews, pagans and Muslims) may not be forced to embrace the faith, but then continues: "On the other hand, there are unbelievers who at some time have accepted the faith, and professed it, such as heretics and all apostates: such should be submitted even to bodily compulsion, that they may fulfil what they have promised, and hold what they, at one time, received".22
- • Pope St. Alphonsus Liguori (18th century)... Whether one who has already been tortured may be tortured again (#204)? Answer: not if he refuses to confess during the first torture session (unless new independent evidence against him subsequently comes to light). In that case he must be set free. But if he confesses under torture, and then retracts that confession before the judge, he may be tortured again – and even a third time if the same thing happens after the second torture session. But if he confesses under torture a third time, and yet again subsequently retracts in the presence of the judge, he must be released. For the judge then must presume that his three confessions were all forced and involuntary – and therefore invalid. - http://www.rtforum.org/lt/lt119.html
Ever since the eleventh century, secular rulers had been burning those who obstinately refused to fit in with established Christian arrangements; the Church had opposed capital punishment, successive councils decreeing confiscation of property, excommunication, imprisonment or whipping, branding and exile. But in the 1180s, the Church began to panic at the spread of heresy, and thereafter it took the lead from the State, though it maintained the legal fiction that convicted and unrepentant heretics were merely 'deprived of the protection of the Church', which was (as they termed it) 'relaxed', the civil power then being free to burn them without committing mortal sin. Relaxation was accompanied by a formal plea for mercy; in fact this was meaningless, and the individual civil officer (sheriffs and so forth) had no choice but to burn, since otherwise he was denounced as a 'defender of heretics', and plunged into the perils of the system himself.
• Pope Innocent IV, Ad extirpanda, papal bull, promulgated on May 15, 1252, by Pope Innocent IV, which explicitly authorized (and defined the appropriate circumstances for) the use of torture by the Inquisition for eliciting confessions from heretics.
- The following parameters were placed on the use of torture:[1]
- that it did not cause loss of life or limb (citra membri diminutionem et mortis periculum)
- that it was used only once
- that the Inquisitor deemed the evidence against the accused to be virtually certain.
- The requirement that torture only be used once was effectively meaningless in practice as it was interpreted as authorizing torture with each new piece of evidence that was produced and by considering most practices to be a continuation (rather than repetition) of the torture session (non ad modum iterationis sed continuationis).[1]
- The bull conceded to the State a portion of the property to be confiscated from convicted heretics.[3] The State in return assumed the burden of carrying out the penalty. The relevant portion of the bull read: "When those adjudged guilty of heresy have been given up to the civil power by the bishop or his representative, or the Inquisition, the podestà or chief magistrate of the city shall take them at once, and shall, within five days at the most, execute the laws made against them."[4]
- Innocent’s Bull prescribes that captured heretics, being "murderers of souls as well as robbers of God’s sacraments and of the Christian faith, . . . are to be coerced – as are thieves and bandits – into confessing their errors and accusing others, although one must stop short of danger to life or limb." — Bull Ad Extirpanda (Bullarium Romanorum Pontificum, vol. 3 [Turin: Franco, Fory & Dalmazzo, 1858], Lex 25, p. 556a.) — https://religion.fandom.com/wiki/Ad_extirpanda; http://en.wikipedia.org/wiki/Ad_extirpanda
- • Pope The Catholic Encyclopedia > I > Inquisition further affirms and explains: [torture] was first authorized by Innocent IV in his Bull "Ad exstirpanda" of 15 May, 1252, which was confirmed by Alexander IV on 30 November, 1259, and by Clement IV on 3 November, 1265. The limit placed upon torture was citra membri diminutionem et mortis periculum — i.e, it was not to cause the loss of life or limb or imperil life. Torture was to applied only once, and not then unless the accused were uncertain in his statements, and seemed already virtually convicted by manifold and weighty proofs...
- • Pope Had this papal legislation been adhered to in practice, the historian of the Inquisition would have fewer difficulties to satisfy. In the beginning, torture was held to be so odious that clerics were forbidden to be present under pain of irregularity. Sometimes it had to be interrupted so as to enable the inquisitor to continue his examination, which, of course, was attended by numerous inconveniences. Therefore on 27 April, 1260, Alexander IV authorized inquisitors to absolve one another of this irregularity. Urban IV on 2 August, 1262, renewed the permission, and this was soon interpreted as formal licence to continue the examination in the torture chamber itself. The inquisitors manuals faithfully noted and approved this usage. The general rule ran that torture was to be resorted to only once. But this was sometimes circumvented — first, by assuming that with every new piece of evidence the rack could be utilized afresh, and secondly, by imposing fresh torments on the poor victim (often on different days), not by way of repetition, but as a continuation (non ad modum iterationis sed continuationis), as defended by Eymeric; "quia, iterari non debent [tormenta], nisi novis supervenitibus indiciis, continuari non prohibentur." - https://www.newadvent.org/cathen/08026a.htm
- • Pope The Church has the right, as a perfect and independent society provided with all the means for attaining its end,...has, therefore, the right to admonish or warn its members, ecclesiastical or lay, who have not conformed to its laws and also,if needful to punish them by physical means, that is, coercive jurisdiction... ...with the formal recognition of the Church by the State and the increase of ecclesiastical penalties proportioned to the increase of ecclesiastical offences, came an appeal from the Church to the secular arm for aid in enforcing the said penalties, which aid was always willingly granted. . — Catholic Encyclopedia *Jurisdiction*
▀ Modernist change:- • Pope Benedict XVI, in a speech of 6 September 2007.."In this regard, I reiterate that the prohibition against torture 'cannot be contravened under any circumstances'". — TORTURE AND CORPORAL PUNISHMENT AS A PROBLEM IN CATHOLIC THEOLOGY, September 2005: Living Tradition ORGAN OF THE ROMAN THEOLOGICAL FORUM, Editor: Msgr. John F. McCarthy, J.C.D., S.T.D., Living Tradition, Oblates of Wisdom, P.O. Box 13230, St. Louis, MO 63157, USA
- Translation of Ad extirpanda http://userwww.sfsu.edu/~draker/history/Ad_Extirpanda.html
- • Pope John Paul II, Address to the International Red Cross (Geneva, June 15, 1982)... And as for torture, the Christian is confronted from infancy onward with the account of Christ’s Passion. The memory of Jesus – stripped, flogged, and derided right up until the sufferings of his final agony – should always make him resolve never to see analogous torments inflicted on any one of his brothers in humanity. Spontaneously, the disciple of Christ rejects every recourse to such methods, which nothing could justify, and by which the dignity of man is as much debased in the torturer as in his victim. . . .
- • Catechism of the Catholic Church (1992), on "Respect for bodily integrity".
- #2298. In times past, cruel practices were commonly used by legitimate governments to maintain law and order, often without protest from the Pastors of the Church, who themselves adopted in their own tribunals the prescriptions of Roman law concerning torture.
• Pope John Paul II, Encyclical Veritatis Splendor (August 6, 1993). #80. Now, reason testifies that there are some human acts which are seen to be "non-ordainable" to God, since they are radically incompatible with the good of the person (omnino dissident a bono personae) created in His image. These are acts which in the Church’s moral tradition are called "intrinsically evil" (intrinsece malum)... — TORTURE AND CORPORAL PUNISHMENT AS A PROBLEM IN CATHOLIC THEOLOGY, September 2005: Living Tradition ORGAN OF THE ROMAN THEOLOGICAL FORUM, Editor: Msgr. John F. McCarthy, J.C.D., S.T.D., Living Tradition, Oblates of Wisdom, P.O. Box 13230, St. Louis, MO 63157, USA