Friday, October 07, 2005
HERESY AND CANON LAW
As regular readers know, I've remarked more than once that I couldn't find "heresy" in the 1983 Code of Canon Law.
I made reference to that point again today in Dom's blog, and he has responded with the passages in the Code that address it. Here they are.
Can. 751 - Heresy is the obstinate denial or doubt, after baptism, of a truth which must be believed by divine and catholic faith. Apostasy is the total repudiation of the christian faith. Schism is the withdrawal of submission to the Supreme Pontiff or from communion with the members of the Church subject to him.
Can. 1041 - The following persons are irregular for the reception of orders:
1° one who suffers from any form of insanity, or from any other psychological infirmity, because of which he is, after experts have been consulted, judged incapable of being able to fulfil the ministry;
2° one who has committed the offence of apostasy, heresy or schism;
3° one who has attempted marriage, even a civil marriage, either while himself prevented from entering marriage whether by an existing marriage bond or by a sacred order or by a public and perpetual vow of chastity, or with a woman who is validly married or is obliged by the same vow;
4° one who has committed wilful homicide, or one who has actually procured an abortion, and all who have positively cooperated;
5° one who has gravely and maliciously mutilated himself or another, or who has attempted suicide;
6° one who has carried out an act of order which is reserved to those in the order of the episcopate or priesthood, while himself either not possessing that order or being barred from its exercise by some canonical penalty, declared or imposed.
Can. 1184 - §1 Church funeral rites are to be denied to the following, unless they gave some signs of repentance before death:
1° notorious apostates, heretics and schismatics;
2° those who for anti-christian motives chose that their bodies be cremated;
3° other manifest sinners to whom a Church funeral could not be granted without public scandal to the faithful.
§2 If any doubt occurs, the local Ordinary is to be consulted and his judgement followed.
Can.1364 - §1 An apostate from the faith, a heretic or a schismatic incurs a latae sententiae excommunication, without prejudice to the provision of Can. 194 §1, n. 2; a cleric, moreover, may be punished with the penalties mentioned in Can. 1336 §1, nn. 1, 2 and 3.
§2 If a longstanding contempt or the gravity of scandal calls for it, other penalties may be added, not excluding dismissal from the clerical state.
