§ 1. Censures Against Heresies

To omit here penalties ferendae sententiae:

I. Excommunication of Apostates and Heretics. — From c. 2314, § 1, all apostates from the Christian faith and all and individual heretics incur, by the very fact, an excommunication reserved to the Apostolic See in a special way.

Apostates are all those who, after baptism has been received, totally withdraw from the Christian faith. Thus from c. 1325, § 2. Therefore even one who has been enrolled in a heretical sect can canonically become an apostate. And, for someone canonically to be an apostate, it is not necessary that he embrace a pagan religion, say Buddhism or Islamism: it suffices that he become a theosophist ¹, pantheist, rationalist, or completely unbelieving.

All and individual. The Legislator seems to have used this abundance of words so that he might reach not only the followers of various sects (who seem to be designated by the words all heretics), but also those who separately and privately err pertinaciously in faith (individual heretics).

Heretics are not only those who deny a truth of faith, but also those who hold it as doubtful (c. 1325, § 2).

Yet only external heresy or apostasy is punished by ecclesiastical penalties. But because the penalty is contracted by the very fact, altogether hidden heresy externally and culpably expressed (as if someone utters it alone in a room) gives place to excommunication. Culpably expressed, I say, because he who, for the sake of seeking counsel, should manifest his internal heresy would escape excommunication.

Moreover, only canonical heretics are struck with excommunication. Therefore it is necessary that they have erred pertinaciously concerning a truth which the Church proposes as revealed. But before God, or in reality in conscience, only formal heretics are struck, while those enrolled in a heretical sect are presumed formal in the external forum and are treated as such.

In the same external forum simple ignorance (not crass) also excuses from contracting the censure.

Absolution in the internal forum per se requires a faculty for cases specially reserved to the Holy See, with the general norms remaining firm which permit all confessors to give absolution with the burden of recurring within a month to the Holy See, or to a Superior furnished with power, or to a privileged confessor; and with the exception of danger of death.

Yet because the Ordinary of the place is also the judge in criminal matters in first instance, the delict of heresy can be brought to his external forum. A voluntary exterior confession of the guilty person also suffices for this. But then one repenting (for withdrawal from contumacy is necessary for absolution from censures) can be absolved in the exterior forum by the Ordinary of the place himself (not however by the Vicar general without a special mandate) or by an ecclesiastical man whom the Ordinary has specially delegated. This absolution, from c. 202 § 1, also removes the censure in the internal forum, so that the sin can now be remitted by any confessor. Juridically performed abjuration is required before absolution: for this it is enough that it be made before the Ordinary of the place, or his delegate, and two witnesses. Those things which must be observed by law are to be observed: salutary penance to be imposed, reparation of scandal, separation from the sect, denunciation, if any has been prescribed, for example, from c. 2336, § 2.

Nor can only one's proper Ordinary, but any Ordinary of a place, impart that absolution (Cappello, De censuris, n. 68).

¹ By the name of theosophy there comes a certain rather little-defined syncretism, which, from religions or religious experiences explored and compared among themselves, attempts to extract, as it were, what is fundamental to religion, what is essential and consequently common to all religions, and thus to exhibit a synthetic account for the only true, universal, perpetual, and wholly human religion. Cf. Giovanni Busnelli, S.I., Manuale di Teosofia, 4 vols., Rome, 1909-1915; Dottrine teosofiche e dottrina cattolica, Rome, 1919; Ill. D. Janssens: Peut-on etre a la fois, chretien et theosophe?, Paris, 1923.

II. Those Suspected of Heresy. who, after they have been juridically admonished, have not removed the cause of suspicion, and for that reason have been prohibited from legitimate acts, or, as clerics, have been suspended from divine things; who, I say, within six months from the penalty contracted, have not amended themselves, are held as heretics, and consequently contract the same excommunication explained above.

Those suspected of heresy are understood as juridically such, from an express canonical disposition. They are enumerated III, n. 916.