Capital Punishment & Heresy

Posted on April 6, 2014 by Father Joe

ASSERTION (PJ):

Proposition condemned: “That heretics be burned is against the will of the Spirit.” (Exsurge Domine). Self-defense of a Catholic community especially is protected by this, not sure about aggression. Capital punishment for heresy is not contrary to Catholicism.

RESPONSE:

It would certainly be contrary to notions about freedom of conscience and religious liberty taught since Vatican II. Even prior to that, many theologians seriously questioned any use of force that was contrary to human dignity and the rights of the individual. The view once held by certain Protestants and Catholics was that physical intimidation and even the prospect of death could be used to compel conversion. The idea, even reckoned by Sir Thomas More, who would face execution himself, was that the one who threatened or murdered the soul was more dangerous than the villain who could destroy the body. Today, capital punishment is generally rejected since it perpetuates a culture of death and there are other reliable ways to punish criminals.

Pope Leo X released his papal bull on June 15, 1520. A somewhat confused or hastily drawn up document, it listed 41 propositions that Martin Luther was commanded to retract under pain of excommunication. Dr. Johann Maier von Eck and a committee assembled the document and the Pope released it as his own. Cardinal Cajetan was concerned about the lack of theological reflection and that minor matters were lumped together with more serious ones. Luther argued against the burning of heretics although other Protestants and even princes that favored his views also resorted to the death penalty. The Pope was also a secular ruler at that time and churchmen resisted the notion that such a penalty could not be exercised. However, the fact that just authority may have such authority is a separate question from whether or not it should be exercised. Today the consensus, even among the Catholic hierarchy, is closer to Luther than Eck or Pope Leo X. Luther cites St. Jerome and the bull makes no reference to it. But of course, this was one question, and one that was disputed even in orthodox circles. The tragedy is that the tone of this document closed the door to any further dialogue with Luther, a man whose temperament needed few excuses to argue and ridicule. He declared the Pope to be the antichrist. The Reformation split had begun.

In any case, a censure of something scandalous like this does not fall under the protection of papal infallibility. Popes can require religious assent even of propositions that have yet to be proven as absolutely true. This would certainly have been the Pope’s right toward an Augustinian priest who had pledged obedience. There are a number of factual mistakes in the bull where caricatures of Luther’s teachings are presented but they fall short of the mark. In retrospect, the Church probably should have taken more time to research the dissenter’s idea. Of course, it was a political climate inhospitable to civil and rational debate. They probably felt they had to act quickly.