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Canon 1325 (1917 CIC) gives the classic definition of the word “heretic”, taken from St Thomas:
Catholic Encyclopedia:
(1)those who are baptized,
(2) who profess the Faith integrally,
(3) who submit to the lawful authority of the Pope and hierarchy in communion with him, and
(4) who have not been excluded from the Church by excommunication.
Thus, heretics, schismatics, infidels, and excommunicates are excluded from the Church, even though they are baptized.
Heretics and excommunicates are two different categories. In the case of the former (and schismatics as well), they are excluded by their own actions; in the case of excommunicates, they are excluded by the Church’s judgment, in punishment of crimes committed.
Heresy is a sin. When it is externally manifest, it is a crime that is punished by the Church. A heretic is ipso facto excommunicated.
Catholic Encyclopedia:
Canonists are agreed that the pertinacity in question consists in knowing that the doctrine one denies (or doubts) is taught by the Church as revealed. No other condition, such as authoritative judgment is required to make someone a heretic.“a baptised person who, while continuing to call himself a Christian, pertinaciously denies or doubts a truth which must be believed with divine and Catholic faith.”
Catholic Encyclopedia:
St. Robert Bellarmine’s doctrine on the membership of the Church is the basis for the presentation in the encyclical Mystici Corporis. There, four requirements for membership are given:St. Thomas (II-II:11:1) defines heresy: “a species of infidelity in men who, having professed the faith of Christ, corrupt its dogmas”. "The right Christian faith consists in giving one’s voluntary assent to Christ in all that truly belongs to His teaching. There are, therefore, two ways of deviating from Christianity: the one by refusing to believe in Christ Himself, which is the way of infidelity, common to Pagans and Jews; the other by restricting belief to certain points of Christ’s doctrine selected and fashioned at pleasure, which is the way of heretics. The subject-matter of both faith and heresy is, therefore, the deposit of the faith, that is, the sum total of truths revealed in Scripture and Tradition as proposed to our belief by the Church. The believer accepts the whole deposit as proposed by the Church; the heretic accepts only such parts of it as commend themselves to his own approval.
The spiritual penalties are of two kinds: latae and ferendae sententiae.
The former are incurred by the mere fact of heresy, no judicial sentence being required;
the latter are inflicted after trial by an ecclesiastical court, or by a bishop acting ex informata conscientia, that is, on his own certain knowledge, and dispensing with the usual procedure.
(1)those who are baptized,
(2) who profess the Faith integrally,
(3) who submit to the lawful authority of the Pope and hierarchy in communion with him, and
(4) who have not been excluded from the Church by excommunication.
Thus, heretics, schismatics, infidels, and excommunicates are excluded from the Church, even though they are baptized.
Heretics and excommunicates are two different categories. In the case of the former (and schismatics as well), they are excluded by their own actions; in the case of excommunicates, they are excluded by the Church’s judgment, in punishment of crimes committed.
Heresy is a sin. When it is externally manifest, it is a crime that is punished by the Church. A heretic is ipso facto excommunicated.
Catholic Encyclopedia:
SFDLatæ and Ferendæ Sententiæ
Excommunication, especially a jure, is either latæ or ferendæ sententiæ. The first is incurred as soon as the offence is committed and by reason of the offence itself (eo ipso) without intervention of any ecclesiastical judge; it is recognized in the terms used by the legislator, for instance: “the culprit will be excommunicated at once, by the fact itself [statim, ipso facto]”.
The second is indeed foreseen by the law as a penalty, but is inflicted on the culprit only by a judicial sentence; in other words, the delinquent is rather threatened than visited with the penalty, and incurs it only when the judge has summoned him before his tribunal, declared him guilty, and punished him according to the terms of the law. It is recognized when the law contains these or similar words: “under pain of excommunication”; “the culprit will be excommunicated”.