§ 2. On Unbelievers and Heretics

197. As we have already observed, men are aggregated to the Church, and are subjected to her jurisdiction, only through baptism.

PRINCIPLES. I. Unbelievers, Jews, and catechumens are not held to the laws of the Church. Whence, scandal and contempt of law, or public disturbance of festal quiet, being excluded, it is not illicit to offer meats to the same persons on days of abstinence, to impose servile works on feast days, etc.

They themselves, however, are held to embrace the Evangelical law and to receive baptism, as soon as they have been sufficiently instructed concerning our faith. Indeed, although they cannot be compelled to embrace the faith, nevertheless they can be driven to hearing an exposition of the faith (I, 154, 2.; II, 18; III, 272). Cf. below n. 437.

198. II. Heretics, apostates, schismatics, and the excommunicated, of themselves, are held to the laws of the Church. For these, although they are rebels, nevertheless always persevere under the dominion of the Church. The same must be said of heretics, concerning the validity of whose baptism there is doubt; for, in the external forum, one must stand for the validity of the act (cf. n. 51).

It was said of themselves: 1. because many heretics do not know, although they know the obligation of returning into the bosom of the Church, that they are held to the laws of the Church. Whence, they are easily excused on account of ignorance; 2. because often there are present circumstances on account of which it must be judged that the Church does not will to oblige heretics by her laws, because the observance of them would bring great inconveniences upon them. And this will of the Church is to be presumed with respect to those laws which directly tend to the sanctification of souls, such as laws of fasting, feast days, etc. For in these things the Church acts more mildly, lest sins be multiplied.

It is otherwise with respect to laws which have been made for restraining abuses and protecting public order, for example, concerning impediments of matrimony. For that heretics are held to these laws has several times been declared by ecclesiastical authority, explicitly or at least implicitly (De Angelis, l. I, tit. 2, n. 13; Lehmkuhl, I, n. 228).

See what Wernz observes upon this opinion (I, n. 103), where he entirely rejects the immunity of heretics which we admit for some laws.