Tortury w świetle bulli Ad extirpanda (1252) papieża Innocentego IV

Abstract

In this paper, the author discusses the content of the bull Ad Extirpanda of 1252 and seeks an answer to the question why Pope Innocent IV allowed in it for secular and ecclesiastical authorities to use torture in trials against heretics. This applied to both the accused and the witnesses. Sinibaldo Fieschi, the valued Romanist, was active during the medieval renewal of Roman law. Undoubtedly, this and many other factors, such as the development of the Inquisition, influenced the Pope's decision. The very issue of torture in the bull was treated quite marginally, and the document was more concerned with inquisitorial proceedings. This paper is dominated by the historical and legal method, but the author also reaches for the dogmatic and legal or comparative methods. Before discussing in detail the content of the bull and the reasons for its announcement, the paper focuses on the figure and teaching of Innocent IV, who, between 1213 and 1225, studied law in Bologna. The bull of 1252 was addressed to the leaders of all Italian communes, i.e. to the podests, rectors, councils of Lombardy, Romagna, and the Marchia Tervisina. Torture was a means of obtaining a confession, which was very important in the catalogue of various sources of evidence, such as oaths sworn by the parties, witnesses, God's judgments, or documents. In light of Constitution 25 of the bull in question torture should not lead to the loss of body members or life itself. It purpose was to get heretics to recant their errors and accuse other heretics known to them. The inquisitorial procedure itself strengthened the power of the Pope and the bishops. It was more rational than trial by ordeal.