Apostasy, heresy and schism (Can. 2314)

Canon 2314 I, Omnes a Christiana fide apostatae et omnes et singuli haeretici aut schismatici incurrunt ipso facto excommunicationem; nisi moniti resipuerint priventur beneficio, etc. (All apostates from the Christian faith, and each and every heretic or schismatic, incur excommunication ipso facto; if, after being warned, they do not repent, they are to be deprived of any benefice, and so forth.)

The absolution from the above excommunication to be given in the forum of conscience is specially reserved to the Holy See. If, however, the crime of apostasy, heresy, or schism has been brought before the external tribunal of the local Ordinary in any way, even by voluntary confession, the same Ordinary, but not the Vicar-General without a special mandate, can absolve the penitent by his ordinary authority in the external forum, when abjuration has previously been made, according to law and other conditions to be complied with have been fulfilled; but one so absolved can afterwards be absolved from his sin in the forum of conscience by any confessor. But the abjuration is held to have been lawfully made when it is made before the local Ordinary or his delegate and two witnesses at least (Can. 2314, sec. 2).

Canon 1325, sec, 2, defines the terms used in this censure, "If anyone, after having received baptism, while retaining the name of Christian pertinaciously denies of any the doctrines which are to be believed by divine and Catholic faith or doubts about it, he is a heretic; if he wholly abandons the Christian faith, he is an apostate; finally, if he refuses to be subject to the Roman Pontiff or to communicate with the members of the Church subject to him, he is a schismatic." Canon 2318 II. In excommunicationem Sedi Apostolicae speciali modo reservatam ipso facto incurrunt, opere publici juris facto, editores librorum apostatarum, haereticorum et schismaticorum, qui apostasiam, haeresim, schisma propugnant, itemque eosdem libros aliosve per apostolicas litteras nominatim prohibitos defendentes aut scienter sine debita licentia legentes vel retinentes, Editores. (There incur ipso facto an excommunication reserved to the Apostolic See in a special manner, once the work has been made public, the publishers of books by apostates, heretics and schismatics which defend apostasy, heresy or schism; and likewise those who defend such books, or others prohibited by name in apostolic letters, or who knowingly read or keep them without the required permission.)—The publishers of books defending apostasy, heresy, and schism, written by apostates, heretics, and schismatics, incur this censure when the book is published.

I. Denunciation of delinquents. The obligation of denouncing presses whenever someone is driven to this either by law or by a peculiar legitimate precept, or from the natural law itself on account of danger to faith or religion or another imminent public evil (can. 1935, § 2).

II. Penalties of delinquents. 1. All apostates from the Christian faith and all and each heretics or schismatics: 1. incur excommunication by the fact itself; 2. unless, having been warned, they come to their senses, they are to be deprived of benefice, dignity, pension, office, or other function, if they have any in the Church, are to be declared infamous, and clerics, after repeated warning, are to be deposed; 3. if they have given their name to a non-Catholic sect or have publicly adhered to it, they are infamous by the fact itself, and clerics who have publicly defected from the Catholic faith are by the fact itself and without any declaration deprived of office, and, after warning has been given in vain, are to be degraded (can. 2314, § 1). It is said:

a) All, etc.; but it is required that the delict also have been perpetrated externally.

b) If they have publicly adhered to a non-Catholic sect. Now public adherence is sometimes manifest, as if someone accepts some office there, or intervenes in the elections of ministers. If he only attends meetings, adherence is considered public after a more or less long time; but because of this difficulty a sentence declaring the crime is rather often required.

2. One suspected of heresy who, having been warned, does not remove the cause of suspicion, is to be prohibited from legitimate acts, and a cleric besides, after warning has been uselessly repeated, is to be suspended from divine things; but if within six full months from the penalty contracted the one suspected of heresy has not amended himself, let him be held as a heretic, liable to the penalties of heretics (can. 2315). It is said:

a) One suspected of heresy. Now those suspected of heresy are: 1. whoever in any way spontaneously and knowingly assists the propagation of heresy, or communicates in divine things with heretics contrary to the prescription of can. 1258 (can. 2316); 2. those who are joined in marriage with the explicit agreement that all or some of the offspring be educated outside the Catholic Church; those who knowingly presume to offer their children to non-Catholic ministers to be baptized; likewise parents or those holding the place of parents who knowingly hand over their children to be educated or instructed in a non-Catholic religion (can. 2319, 2, 3, 4); 3. one who has thrown away consecrated species or has taken them away or retained them for an evil end (can. 2320); 4. all and each, of whatever status, grade, or condition, even if they were of royal, episcopal, or cardinalitial dignity, who appeal from the laws, decrees, or mandates of the Roman Pontiff for the time being to a Universal Council (can. 2332); 5. one who, with hardened mind, has remained for a year in the censure of excommunication (can. 2340, § 1); 6. all, even those increased by episcopal dignity, who through simony knowingly promoted or were promoted to orders, or administered or received other Sacraments (can. 2371).

Can. 1258 declares: It is not licit for the faithful in any way actively to assist or to have part in the sacred rites of non-Catholics (§ 1). Passive or merely material presence can be tolerated, for the sake of civil office or honor, on account of a grave reason to be approved by the Bishop in a case of doubt, at the funerals, weddings, and similar solemnities of non-Catholics, provided danger of perversion and scandal is absent (§ 2).

b) Who, having been warned; and so one suspected of heresy per se contracts no penalty, but it is necessary that a warning which has remained in vain have come in addition.

III. Absolution from penalties. 1. Absolution from excommunication, to be imparted in the forum of conscience, is reserved in a special manner to the Apostolic See (can. 2314, § 2). The faculty of absolving any penitents whatsoever, except heretics deliberately disseminating heresy among the faithful, from any censures and ecclesiastical penalties whatsoever incurred on account of heresies externalized either when no one was hearing or noticing or before others, is usually granted by the Folio of the Sacred Penitentiary. Yet it cannot be exercised except in the act of sacramental confession and only for the forum of conscience, with secret abjuration previously made before the confessor. Besides, a salutary penance is to be imposed, with frequency of the sacraments and the obligation of repairing the scandals brought about.¹ For the forum of conscience no form of abjuration seems prescribed; hence, for example, these words of the Profession of Faith at the end suffice: "Heresies of whatever sort condemned by the Church, I likewise condemn and reject."

2. If the delict of apostasy, heresy, or schism has in any way been brought to the external forum of the local Ordinary, even by voluntary confession, the same Ordinary, but not the Vicar General without a special mandate, can absolve the one coming to his senses in the external forum by his ordinary authority, after abjuration has first been juridically carried out and after other things to be observed by law have been observed; but one thus absolved can afterward be absolved from the sin by any confessor in the forum of conscience. Abjuration, however, is held to have been juridically carried out when it is made before the local Ordinary himself or his delegate and at least two witnesses (can. 2314, § 2). As regards the form of abjuration, practically the Profession of Faith which is placed at the beginning of the Code suffices.

¹ Thus in the Folio.

The law of the church on the powers of schismatics is as follows:

(a) All schismatics incur ipso facto excommunication, as well as various inhabilities and penalties (Canon 2314). It is fitting that those who separate themselves should be declared outside the communion of the faithful, and this is what Moses commanded to be done at the time of the schism of Core: “Depart from the tent of these wicked men and touch nothing of theirs, lest you be involved in their sin” (Num., xvi. 26).

(b) The excommunicated are forbidden the celebration of Mass and the active use and administration of the Sacraments and sacramentals, except when the faithful apply to them or when there is danger of death, as declared in Canon 2261.

(c) The excommunicated are denied the power of jurisdiction except in certain cases where the Church grants it for the sake of the common good. Thus, they may give absolution in danger of death (Canon 882), or in common error (Canon 209), or at request, if they are not vitandi or sentenced (Canon 2261). It is the teaching of learned authorities that the Roman Church for the good of souls has allowed ecclesiastical jurisdiction to remain in the schismatic Oriental Churches for the conferring of the Sacraments.

1. Frigerius, for the sake of curiosity, frequents the temples of heretics and assists at their assemblies and offices, together with other Protestants. He himself, however, is internally altogether Catholic.

It is asked: Whether Frigerius incurs excommunication?

R. First, Frigerius does not act rightly and sins. For although to go to the temples of Protestants, for the mere sake of curiosity, without any communication in sacred things, is an act indifferent in itself, and Frigerius does not internally adhere to heresy, nevertheless frequently to go to the temples of Protestants is not without scandal, nor is it without some favor toward heresy and heretics. Besides, since, by frequently going even to the temples of heretics, he is present at their assemblies and offices, there can practically be no doubt that communication in sacred things is had, nor without scandal, since Frigerius is a Catholic and is certainly regarded as such, and wishes to be regarded as such, by the very fact that internally he does not adhere to the errors of heresy. Hence certainly he cannot be excused from excommunication because of favor. This is openly confirmed from the Instruction of the Eminent Cardinal Vicar for parish priests and confessors of Rome. Cf. Enchir. Moral. 365, 367, and Commentar. in Const. Apostolicae Sedis, ed. 5, n. 9 seqq.

2. Petrus possesses an old and spacious house in Rome in the square called Navona. The Methodist Protestants would like to buy it, so that there they may open a public school and boarding house for boys and girls. Moreover that sale would be altogether useful to Petrus; nevertheless he does not wish at all to complete it before he is certain of its liceity.

It is asked: 1.º What is cooperation in sin, and is it licit? - 2.º Whether Petrus licitly sells the house in the Case? - 3.º Insofar as the response to the second is negative, whether he also incurs excommunication?

R. To the 1st. Cooperation in sin is to concur by some work in the sin of another. As it is illicit to sin, so also it is illicit to cooperate by direct will in sin; and then the cooperation is called formal. But if the cooperation is not toward the sin, but toward some other work which is ordered by the sinner to the sin, the cooperation is material, and consequently in itself is not illicit. But from the circumstances its liceity or illiceity in the concrete is to be defined.

To the 2nd. Negatively. For there is a sufficiently proximate cooperation, the circumstances considered, toward public harm, through the instruction of boys and girls in Protestantism, especially since the place is very favorable for a school and boarding house of this sort for attracting several families and for gathering boys and girls in no small number. Besides, public scandal is present, namely if it becomes known that a Roman and a Catholic sold a house in Rome to Protestants in the most principal square of the City, so that there a school and boarding house of Protestants might be established.

To the 3rd. Affirmatively. For there seems no doubt that such a deed, by itself, would greatly favor heresy and its propagation in the City.

3. Cornelius, a Catholic, receives several heretical newspapers to which he is subscribed, and reads them only occasionally.

It is asked: Whether Cornelius incurs excommunication?

R. There is no doubt, speaking in itself, that it is a grave sin to read newspapers of this sort by natural law itself, on account of the grave danger of falling away from the faith. Moreover, the reading of them is positively prohibited by the General Decree of the Constitution Officiorum of Leo XIII, VIII Kal. Febr. 1896, Cap. VIII, n. 21. But as regards excommunication, the following Decision is had of the Holy Office, Apr. 21, 1880: "Whether those knowingly reading newspapers which champion heresy incur the excommunication of the second article of the Constitution Apostolicae Sedis, reserved in a special mode to the Supreme Pontiff? R. Negatively." But although Cornelius, because of the reading and because of the retention of these newspapers, does not incur the aforesaid excommunication, he does indeed incur it because of favor, by reason of the subscription.

1169. I. "All apostates from the Christian faith, and all and individual heretics or schismatics."⁶

⁶ Code, c. 2314, § 1.

Moreover, "if they have given their name to, or publicly adhered to, a non-Catholic sect, they are by the fact itself infamous; and... clerics, after a warning has been sent in vain, are to be degraded."⁷

⁷ Ibid.

But those favoring heresy are not excommunicated by the fact itself, but are suspect of heresy: "He who in any way voluntarily and knowingly helps the propagation of heresy, or who communicates in divine things with heretics... is suspect of heresy."⁸

⁸ Code, c. 2316. Can. 2315 establishes by what penalties one suspect of heresy can be struck, and adds: "If within six months... he has not amended himself, let him be held as a heretic, liable to the penalties of heretics."

The one suspect of heresy does not fall under excommunication unless he is obstinate, below, n. [source gives no number after "n."]

1170. As to the absolution of this censure, let these things be noted:

If the delict of apostasy, heresy, or schism has been brought in any way to the external forum of the local Ordinary, even through voluntary confession, the same Ordinary, but not the vicar general without special mandate, can by his ordinary authority in the external forum absolve the one repenting, after abjuration has first been juridically performed and the other things to be observed by law have been observed; but one thus absolved can then be absolved from sin by any confessor in the forum of conscience. Abjuration, moreover, is held juridically performed when it is done before the local Ordinary himself or his delegate and at least two witnesses.⁹

⁹ Code, c. 2314, § 2.

But by delegated authority, by force of quinquennial Indult n. 3, bishops could absolve from the sin of heresy even when not brought to the external forum, under certain conditions; but, from the decree of the S. C. Consistorial, April 25, 1918, faculties of this kind have now ceased; therefore unless special Indults are obtained, recourse must be had to the Holy See for individual cases.

In the conversion of heretics, the Instruction of the Holy Office, July 20, 1859 (Collect., 2nd ed., n. 1178), must be kept before the eyes. First inquiry must be made concerning the validity of baptism received in heresy: (a) If it is judged certainly invalid, they must be baptized absolutely: then no abjuration nor absolution will be required; (b) If it was doubtfully valid, 1) let them emit an abjuration or profession of faith; 2) afterward let them be baptized again under condition; 3) finally let them make a sacramental confession, and be absolved conditionally; (c) if certainly valid, only the abjuration or profession of faith is received, which absolution from censures (and from sins) follows. Yet if the newly converted person greatly desires that the rites formerly omitted in his baptism be supplied on this occasion, it is lawful for the priest to satisfy this wish.¹⁰

¹⁰ Cf. other practical questions in Gennari, Cons. Moral., 122.

507. II. Excommunications reserved in a special manner to the Apostolic See.

Eleven are ordinarily enumerated.

1. "All apostates from the Christian faith and all and each of the heretics or schismatics" (can. 2314, § 1).

What heretics and apostates are was said above in I, n. 512 ff. Schismatics are not only non-uniate Greeks and Old Catholics, but also those baptized persons who pertinaciously refuse obedience to the Roman Pontiff insofar as he is head of the Church, such as the Mariavites and perhaps also the so-called associations of worship. One suspected of heresy who has not amended himself within six months from the penalty contracted is regarded as a heretic, subject to the penalties of heretics (can. 2315). Those are suspected of heresy ipso iure, for example, who presume to offer their children to non-Catholic ministers to be baptized (can. 2319).

If the delict of heresy, apostasy, or schism has been brought in any manner (even through voluntary confession) to the external forum of the local Ordinary, that same local Ordinary (but not the vicar general without a special mandate) can by his ordinary authority absolve the repentant person in the external forum, after an abjuration has first been performed juridically and the other things to be observed by law have been observed; but one thus absolved can afterward be absolved from the sin by any confessor in the forum of conscience. An abjuration is regarded as juridically performed when it is made before the local Ordinary himself or his delegate and at least two witnesses (can. 2314, § 2). - This statute has very practical value in the reception of new converts into the bosom of the Church.

508. 2. "Publishers of the books of apostates, heretics, and schismatics which defend apostasy, heresy, or schism, and likewise those who defend those same books or others prohibited by name through Apostolic Letters, or knowingly read or retain them without due permission" (can. 2318, § 1).

This censure was already contained in the Bull Apostolicae Sedis, but has been changed slightly. To explain it, we indicate briefly: a) what books they are; b) what actions are prohibited under penalty of excommunication. We note beforehand, however, that there are many other books which indeed are prohibited under grave sin by the Code of Canon Law, c. 1399, although not under excommunication. Cf. our Man. iur. can., q. 419.

a) What books are prohibited under excommunication?

a) All books of heretics, apostates, or schismatics which defend heresy, apostasy, or schism, that is, which defend them with deliberate purpose, and not merely contain heresy. - Under the name of a book there does not come a manuscript, nor a pamphlet of small size, nor a newspaper. Nevertheless, from the declaration of the Holy Office of January 13, 1892,¹⁴⁶ those "knowingly reading periodical publications bound into volumes, having a heretical author and defending heresy" incur excommunication.

b) Books of any author prohibited by name through Apostolic Letters. Hence it is required that such a book be prohibited through Apostolic Letters, such as bulls, briefs, and so forth, but not decrees of the Sacred Congregation of the Holy Office or of another Congregation. There are not many books of this kind, which in the new Index of prohibited books are marked with a dagger. - Then it is required that such a book be prohibited by name, that is, with an indication of its proper title. Therefore a prohibition in globo or in general does not suffice, as when all the works of some author are proscribed. - Finally it is required (at least probably) that such a book be prohibited under excommunication reserved to the Roman Pontiff.

Note. Some authors judge that two categories of books (although they defend heresy) are not prohibited under this censure:

1. Books of heretics from the first centuries of the Christian era, such as certain writings of Tertullian, Origen, Pelagius, and so forth. Thus Lehmkuhl,¹⁴⁷ citing Lacroix, Pennacchi, D'Annibale, and Lugo for this opinion.

2. Books defending heresy which were written not by heretics but by pagans, Jews, and so forth. Thus Noldin,¹⁴⁸ Cappello,¹⁴⁹ and others.

b) What actions are prohibited under excommunication? There are four: a) publication; b) defense; c) reading; d) retention. For the last two actions perfect knowledge of the censure is required, and consequently crass and supine ignorance excuses; not so for the first two actions.

a) Publication. Under this title the following incur excommunication: 1. the author of the book; 2. the printer; 3. the publisher.¹⁵⁰ Whether all those also who proximately cooperate in printing, such as typesetters, proofreaders, and so forth, are punished with this censure is not so certain. It appears, however, that this is to be denied, since they cannot properly be called publishers of the book; and therefore the old controversy concerning printers has been removed today.

b) Defense. For incurring excommunication it is required that an evil book be defended not on account of elegance of style and other good qualities, but notwithstanding the errors manifestly contained in it.

c) Reading. Someone is said formally to read a book if he surveys with his own eyes and understands in some manner the things which are contained in the book. Hence one who hears another reading does not incur the censure, provided he did not command it to be read;¹⁵¹ nor does one who does not at all understand the things which he reads. Likewise the censure is not present if the things which have been read constitute only light matter. But authors do not agree about what light matter is. Let this be the general rule: that is grave matter which of itself and ordinarily induces a grave danger of perversion in the reader. Thus sometimes a few pages are grave matter, while at other times not even thirty pages which are not so dangerous constitute grave matter.

d) Retention. For excommunication to be incurred from this, it is required: 1. that gravity be present on the part of time; one day is certainly a short time, but to retain such a book beyond a month is grave matter; 2. that the one retaining it act in his own name and not as the mandatary of another. Hence those who are custodians in the libraries of others, those who bind books,¹⁵² and so forth, are not excommunicated. Booksellers, however, who have books of this kind for sale appear to need a special permission.

Note. 1. Since only those "knowingly" reading and retaining incur this censure, any diminution of imputability, whether on the part of the intellect or on the part of the will, excuses from it (c. 2229, § 2). Hence not only prepubescent persons but, more probably, also minors do not incur this censure (c. 2204).

2. Besides the excommunication just explained, there exists another (reserved, however, to no one) against those who without due permission print or cause to be printed books of Sacred Scripture or annotations or commentaries upon them.¹⁵³

3. "One not promoted to the priestly order, if he has simulated the celebration of Mass or heard a sacramental confession" (can. 2322).

This excommunication has been newly introduced. A layman perpetrating such a crime is furthermore to be deprived of a pension or office, if he has any in the Church, and is to be punished with other penalties according to the gravity of the fault; but a cleric is to be deposed. If any non-priest has usurped other priestly functions, he is to be punished by the Ordinary according to the gravity of the fault.

¹⁴⁶ Collect. de Prop. Fide, n. 1777.

¹⁴⁷ Theol. mor. II, n. 1183.

¹⁴⁸ De poenis eccl.¹², n. 61.

¹⁴⁹ De censuris, n. 226.

¹⁵⁰ Noldin, loc. cit., n. 62, teaches that neither the author nor the printer incurs this censure.

¹⁵¹ St. Alphonsus, Theol. mor. l. 7, n. 292.

¹⁵² Commonly: bookbinder (French relieur, German Buchbinder).

¹⁵³ Code of Canon Law, c. 2318, § 2; cf. below, n. 526.

Explanation. - The subject of this censure is threefold, namely, apostates, heretics, schismatics.

§ 2. After baptism has been received, if someone, retaining the Christian name, pertinaciously denies some truth from among those to be believed by divine and Catholic faith, or doubts concerning it, he is a heretic; if he totally withdraws from the Christian faith, an apostate; if finally he refuses to be subject to the Supreme Pontiff or refuses to communicate with the members of the Church subject to him, he is a schismatic (Can. 1325).

Therefore, whether these apostates embrace a false religion, such as Judaism, Mohammedanism, etc., or not, as free-thinkers, here they come under the name of apostates. In a similar way also one must speak of heretics. It is not required that they form some new sect.

In the second paragraph the species, as it were, of this censure is declared. Absolution of excommunication incurred for these delicts in the forum of conscience is reserved in a special mode to the Supreme Pontiff. But the Ordinary, if the delict has been brought to his forum, can by his ordinary power in the external forum absolve the one returning to his right mind; one so absolved can now be absolved from the sin by any confessor, for the censure has already been removed by the Bishop. But prior to absolution there must be juridically performed abjuration, as, for example, when it is made before the Ordinary himself or his delegate and at least two witnesses.

Schismatics are those who pertinaciously withdraw themselves from the center of the unity of the Church and therefore withdraw from communion of the faithful and from due subjection toward the Roman Pontiff.

The Catholic Church is the union, the society of all the faithful, of all those who believe the Gospel of Jesus Christ and recognize him and his Vicar as their head. Faith, then, is an essential condition of membership of the society founded by Jesus Christ. “He that believeth not shall be condemned.’ “Without faith it is impossible to please God.” But this divine society, like every other corporation or union, has a head, who is none other than its Founder, Jesus Christ. Moreover, as the Church militant on earth is a visible society, Christ gave it a visible head to rule it in his name and by his authority. This Vicar of Christ is the Pope; there is no other claimant for the office. A member of the Church, then, must be subject to the Pope. If anyone refuses to be subject to the head of the society to which he belongs, he becomes a rebel, and is cut off from membership by his own act. “If he will not hear the Church, let him be to thee as the heathen and the publican,” said our Lord. On these principles, heretics, apostates, and schismatics have always been considered as branches cut off from the mystical vine, from the Church, and from Christ by their own act. St Paul wrote to Titus: “A man that is a heretic, after the first and second admonition, avoid. Knowing that he that is such an one is subverted and sinneth, being condemned by his own judgement.’ The same Apostle wrote to Timothy that he had delivered certain heretics up to Satan, that they might learn not to blaspheme. He told the Corinthians that those who made schisms in the Church acted as if they would divide Christ. They strove to divide his mystical body, the Church.

The Church has always considered heretics, apostates, and schismatics as excommunicated persons, but her discipline with regard to them has varied somewhat in minor details from age to age. Here I consider them as persons who have incurred a censure which is specially reserved to the Holy See by the new Code. According to Canon 1325:

“A heretic is one who, after receiving baptism and still retaining the name of a Christian, pertinaciously denies or doubts any article which has to be believed by divine and Catholic faith.”

“One who altogether abandons the Catholic faith is an apostate.’

“A schismatic is one who refuses to be subject to the Supreme Pontiff or refuses to communicate with the members of the Church subject to him.”

In order, then, to incur the guilt of heresy, a baptized person must deny or positively doubt some doctrine which has been revealed by God and which is proposed by the Catholic Church as an article of divine faith. He must do this pertinaciously; that is, he must know that the doctrine in question is proposed by the Church as an article of divine faith and yet obstinately cling to his own opinion. One who through ignorance denies or doubts an article of the faith is not a heretic in the strict sense; he is a material, not a formal, heretic.

An apostate has altogether discarded the teaching of the Catholic Church, whether he has joined any other religious body or not.

A schismatic is one who refuses to be subject to the head of the Church or who refuses to communicate with those who are subject to him. He is not merely disobedient to an authority which he recognizes; he refuses to recognize the authority. To incur the penalties, formal schism is required; merely material schism is not sufficient.

The penalties incurred by apostates, heretics, and schismatics according to the new Code are laid down in Canon 2314. Besides other penalties, on which we need not dwell here, they incur by the very fact excommunication; and the absolution of this censure is in general specially reserved to the Holy See. Then follows a paragraph in the Code which throws light on the procedure followed in the reception of a convert into the Church from heresy or schism. In her external government, when non-Catholics ask to be received into the Church, she presumes that they have fallen under this excommunication. She knows nothing of their good faith in her external tribunal. But, in spite of the censure being specially reserved to the Holy See, if a case is brought in any way, even by voluntary confession, as in the case of a convert, before the local Ordinary, either he or his delegate is empowered to deal with it. He should receive the abjuration of heresy to be made by the convert according to law before the local Ordinary or his delegate and two witnesses, and observe whatever else is prescribed for the case. He or his delegate may then grant absolution in the external tribunal from the censure of excommunication; and after such absolution any confessor, even without special faculties, is empowered to give absolution for the sin of heresy or schism or apostasy, if any such sin has been committed by the convert.

This will explain why the leave of the Bishop should be required for the reception of a convert into the Church. An additional reason for such leave being required is because converts are usually adults, and Canon 744 prescribes that the baptism of adults is to be notified to the Bishop, so that if he chooses, in person or by his delegate, the baptism may be performed with greater solemnity. Most converts in this country at least are baptized conditionally when they are received into the Church on account of prudent doubt concerning their previous baptism.