Morals of the Church
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Section — Marc, Institutiones Morales

§ 2. On the Sanction Against Heresy and Apostasy

¶442.
  1. PRINCIPLES. I. Heretics and apostates are punished with spiritual and temporal penalties. Cf. n. 438, 1314, 1351.

  1. The SPIRITUAL penalties are: a) Excommunication latae sententiae, reserved in a special way to the Supreme Pontiff, which is incurred also by those believing heretics ... and generally all their defenders. b) Irregularity, likewise reserved to the Supreme Pontiff, which is extended also to the sons of those who persist in heresy or have died in it, to the first and second degree through the paternal line, but through the maternal line to the first only (N. R. Th., 22, p. 601; 24, p. 276), even in Germany and in other places where heresies rage with impunity (S. Off., Dec. 14, 1890). c) Incapacity for any ecclesiastical office and benefice whatsoever. d) Privation by the right itself (but after a declaratory sentence) of every dignity, benefice, and office. e) Privation of ecclesiastical burial.

  2. The TEMPORAL penalties are: perpetual prison, confiscation of goods, etc.; but these no longer have force (Soglia, Inst. Jur. priv., § 232).

II. There is given an obligation of denouncing heretics and those suspected of heresy.

  1. By force of the edicts of the HOLY INQUISITION, the following must be denounced to Ordinaries or to the inquisitors themselves, under penalty of excommunication ferendae sententiae (if someone has neglected to denounce for a month): a) formal heretics, and their favorers; b) all suspected of heresy, such as sorcerers, heretical blasphemers, those abusing the sacraments (for example, those who celebrate or absolve without priesthood), confessors soliciting to base things, those contracting nuptials while a spouse is living or with a solemn vow (III, 123; IV, 251-54; VII, 249).

These decrees indeed are not observed in many places, because on account of the liberty of worship asserted for all, the errors of heretics rage with impunity, and therefore the denouncing of them imposed by the law of the Church by no means obliges. Yet clerics seem to have to be denounced in every case, so that the Bishop may meet the harm both of the people and of the clergy specially committed to himself (Scavini, II, 845, 3).

  1. By force of the natural law, one must denounce either heretics or those suspected of heresy, as often as it is a question of avoiding grave harm of souls, to which the Superior can bring a remedy.

Let it be noted: 1. This obligation from the natural law will be able to urge even in places where heretics are everywhere mixed with Catholics, for example, if it is a question of an unusual danger which threatens the Catholic religion through them, the Superior being unaware, and to which the Superior can provide in at least some way. 2. Formal heretics, even if they are not dogmatizing, anyone is bound to denounce, even with danger of grave harm; even a blood-relative, brother, indeed wife, son, or father. The reason is that heresy is so harmful a plague that it has a remedy with difficulty and easily turns to common harm. 3. Those suspected of heresy generally are not bound to be denounced by blood-relatives or others fearing grave harm from it. The reason is that since in those suspected there is only doubtful heresy, only a doubtful evil can be feared from it, and the danger of common harm is considered remote (IV, 249-50).

FaithSins against FaithThe Commandments of God