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The Fathers on Capital Punishment
Paul Thigpen, Ph.D
However, there
are some exceptions made by the divine authority to its own law, that men may
not be put to death. These exceptions are of two kinds, being justified either
by a general law, or by a special commission granted for a time to some
individual. And in this latter case, he to whom authority is delegated, and who
is but the sword in the hand of him who uses it, is not himself responsible for
the death he deals.
St. Augustine of Hippo, City of God, 1, 21
[To the imperial official] We beg you, therefore, when you are pronouncing
judgment in cases affecting the Church, however wicked may be the injuries which
you shall ascertain to have been attempted or inflicted on the Church, to forget
that you have the power of capital punishment, and not to forget our request.
Nor let it appear to you an unimportant matter and beneath your notice, my most
beloved and honored son, that we ask you to spare the lives of the men on whose
behalf we ask God to grant them repentance. For even granting that we ought
never to deviate from a fixed purpose of overcoming evil with good, let your own
wisdom take this also into consideration, that no person beyond those who belong
to the Church is at pains to bring before you cases pertaining to her interests.
If, therefore, your opinion be, that death must be the punishment of men
convicted of these crimes, you will deter us from endeavoring to bring anything
of this kind before your tribunal; and this being discovered, they will proceed
with more unrestrained boldness to accomplish speedily our destruction, when
upon us is imposed and enjoined the necessity of choosing rather to suffer death
at their hands, than to bring them to death by accusing them at your bar.
St. Augustine of Hippo, Letter 100
If the sentence on these men is to be pronounced by the Proconsul, or by both of
you together, and if he perchance insist upon inflicting capital punishment,
although he is a Christian and, so far as we have had opportunity of observing,
not disposed to such severity—if, I say, his determination make it necessary,
order those letters of mine, which I deemed it my duty to address to you
severally on this subject, to be brought before you while the trial is still
going on; for I am accustomed to hear that it is in the power of the judge to
mitigate the sentence, and inflict a milder penalty than the law prescribes. If,
however, notwithstanding these letters from me, he refuse to grant this request,
let him at least allow that the men be remanded for a time; and we will endeavor
to obtain this concession from the clemency of the Emperors, so that the
sufferings of the martyrs, which ought to shed bright glory on the Church, may
not be tarnished by the blood of their enemies; for I know that in the case of
the clergy in the valley of Anaunia, who were slain by the Pagans, and are now
honored as martyrs, the Emperor granted readily a petition that the murderers,
who had been discovered and imprisoned, might not be visited with a capital
punishment.
St. Augustine of Hippo, Letter 139
For a law had
already been published, that the heresy of the Donatists, being of so savage a
description that mercy towards it really involved greater cruelty than its very
madness wrought, should for the future be prevented not only from being violent,
but from existing with impunity at all; but yet no capital punishment was
imposed upon it, that even in dealing with those who were unworthy, Christian
gentleness might be observed.
St. Augustine of Hippo, Letter 185
Since there was no fear of capital punishment to deter from the commission of
crime—for the emperor himself was uniformly inclined to clemency, and none of
the provincial governors visited offenses with their proper penalties—this state
of things drew with it no small degree of blame on the general administration of
the empire; whether justly or not, let every one form his own judgment.
Eusebius, Life of Constantine, 4, 31
[The apostate emperor Julian] moreover interdicted such as would not abjure
Christianity, and offer sacrifice to idols, from holding any office at court:
nor would he allow Christians to be governors of provinces; “for,” said he,
“their law forbids them to use the sword against offenders worthy of capital
punishment.”
Socrates, Ecclesiastical History, 3, 13
Never has [the Christian emperor Theodosius] revenged himself on any one by whom
he has been injured; nor has anyone ever even seen him irritated. And when some
of his most intimate friends once asked him, why he never inflicted capital
punishment upon offenders, his answer was, “Would that it were even possible to
restore to life those that have died.” To another making a similar inquiry he
replied, “It is neither a great nor a difficult thing for a mortal to be put to
death, but it is God only that can resuscitate by repentance a person who has
once died.” So habitually indeed did he practice mercy, that if anyone were
guilty and sentence of death was passed upon him, and he was conducted toward
the place of execution, he was never suffered to reach the gates of the city
before a pardon was issued, commanding his immediate return.
Socrates, Ecclesiastical History, 7, 22
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