Question — Bontempi, Palladium Theologicum V · from Schola Thomistica

Question XII: On the temporal punishments of heretics

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1.

The first punishment is the confiscation of goods L. Manichaeos Authent. Gazaros, C. de haereticis L. Quisquis, and L. ult. C. ad legem Iul. Maiest. and L. ult. de bonorum praescript. in cap. vir. gentes de haereticis.

2.

The general Rule, however, is, that all the stable and movable goods, even the rights and actions of the heretic, pass to the fisc, and in general all and only those things which the heretic himself could have transferred to an extraneous heir, if he could freely make a will. The Doctors establish this rule, as reported by Sanchez, Lib. 1, cap. 14; Suarez, disp. 22, sect. 5; Card. Lugo, disp. 24, sect. 1, §. unicos — see them.

3.

The second punishment is capital. This controversy against heretics is eruditely treated by Bellarmine, Lib. 3, de Laicis, cap. 21 and 22; Valentia, disp. 1, quaest. 11, p. 3. And it is established from the Extravag. Unam Sanctam, de maioritate, et obedientia, and cap. ad Apostolicae, de sententia, et re iudicata, in 6.

4.

The Reason is, because an ordered Republic must punish the most atrocious crimes of its subjects. Lugo uses this reason, disp. 2, and it is that of D. Bonavent., dist. 18, p. 2, quaest. 1. Hence also the secular Princes imposed this punishment on heretics, L. Quicunque and L. Arrian. Cod. de haeret. See other laws in Farinac., de haeresi quaest. 178, 193, and 196.

5.

Above all, the relapsed are to be handed over to the supreme punishment: cap. Accusatus, and cap. super eo, de haeret. in 6, and L. commissi, and cap. ad abolendam, extra de haereticis.

6.

Otherwise we assert that far greater punishments must also be inflicted on heretics, for instance perpetual imprisonment: cap. excommunicamus, de haeret. See Cardinal de Lugo, disp. 24, sectione 3.

7.

In the Bulla coenae receivers, favorers, and defenders of heretics are also included. See Sanchez, Libro secundo Decalogi, capite 10; Cardinal de Lugo, disputatione vigesima quinta.