Apostasy

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(apo, from, andstasis, station, standing, or position).

The word itself in its etymological sense, signifies the desertion of a post, the giving up of a state of life; he whovoluntarily embraces a definite state of life cannot leave it, therefore, without becoming an apostate. Most authors, however, distinguish withBenedict XIV (De Synodo di£cesanâ, XIII, xi, 9), between three kinds of apostasy: apostasya Fide orperfidi£, when aChristian gives up hisfaith; apostasyab ordine, when acleric abandons theecclesiastical state; apostasya religione, ormonachatus, when a religious leaves thereligious life. The Gloss on title 9 of the fifth book of theDecretals of Gregory IX mentions two other kinds of apostasy: apostasyinobedientiæ, disobedience to a command given by lawful authority, anditeratio baptismatis, the repetition ofbaptism, "quoniam reiterantes baptismum videntur apostatare dum recedunt a priori baptismate". As allsin involves disobedience, the apostasyinobedientiæ does not constitute a specific offense. In the case ofiteratio baptismatis, the offence falls rather under the head ofheresy and irregularity than of apostasy; if the latter name has sometimes been given to it, it is due to the fact that theDecretals of Gregory IX combine into one title, under therubric "De apostatis et reiterantibus baptisma" (V, title 9) the two distinct titles of the Justinian Code: "Ne sanctum baptisma iteretur" and "De apostatis" (I, titles 6, 7), in Corpus juris civilis ed. Krueger, (Berlin, 1888); II 60-61. See München "Das kanonische Gerichtsverfahren und Strafrecht" (Cologne, 1874), II, 362, 363. Apostasy, in its strictest sense, means apostasya Fide (St. Thomas, Summa theologica, II-II, Q. xii a. 1).

Apostasya fide, orperfidiæ

Perfidiæ is the complete andvoluntary abandonment of theChristian religion, whether the apostate embraces another religion such asPaganism,Judaism,Mohammedanism, etc., or merely makes profession ofNaturalism,Rationalism, etc. Theheretic differs from the apostate in that he only denies one or more of the doctrines ofrevealedreligion, whereas the apostate denies the religion itself, asin which has always been looked upon as one of the most grievous. The "Shepherd" of Hermas, a work written inRome in the middle of the second century, states positively that there is no forgiveness for those who have wilfully denied the Lord. [Similit. ix. 26, 5; Funk, Opera Patrum apostolicorum (Tübingen, 1887), I, 547]. Apostasy belonged, therefore, to the class ofsins for which theChurch imposed perpetual penance andexcommunication without hope of pardon, leaving the forgiveness of thesin toGod alone. After theDecianpersecution (249, 250), however, the great numbers ofLapsi andLibellatici, and the claims of theMartyres orConfessores, who assumed the right of remitting thesin of apostasy by giving theLapsi a letter of communion, led to a relaxation of the rigour ofecclesiastical discipline.St. Cyprian and theCouncil of the African Church which met at Carthage in 251 admitted the principle of theChurch's right to remit thesin of apostasy, even before the hour of death.Pope Cornelius and the council which he held atRome confirmed the decisions of theSynod of Carthage, and the discipline of forgiveness was gradually introduced into all the Churches. [Epistolæ S. Cypriani, 55 et 68; Corpus scriptorum ecclesiasticorum latinorum (Vienna, 1871), III, ii, ed. Hartel, 624, 666; Eusebius, Church History, VI, xliii, 1, 2]. Nevertheless, the Council of Elvira, held inSpain about the year 300, still refused forgiveness to apostates. [Harduin, Acta Conciliorum (Paris, 1715), I,ú Funk, Kirchen-geschichtliche Abhandlungen und Untersuchungen (Paderborn, 1897), I, 155-181; Batiffol, Etudes d'histoire et de théologie positive (Paris, 1902) 1st series, 111-144]. When the Roman Empire becameChristian, apostates were punished by deprivation of all civilrights. They could not give evidence in a court of law, and could neither bequeath nor inheritproperty. To induce anyone to apostatize was an offence punishable with death [Theodosian Code, XVI, title 7,De apostatis; title 8,De Judæis; "Corpus juris romani ante-Justinianæi" (Bonn, 1840), 1521 - 1607; Code of Justinian I, title 7,De apostatis l. c. 60, 61]. In theMiddle Ages, both civil and canon law classed apostates withheretics; so much so that title 9 of the fifth book of theDecretals of Gregory IX, which treats of apostasy, contains only a secondary provision concerning apostasya Fide [iv, Friedberg, Corpus juris canonici (Leipzig, 1879-81), II, 790-792].Boniface VIII however, by a provision which was amended in the sixth book of theDecretals [V, title 2,De h£reticis, 13 (Friedberg, II, 1075)], merely classes apostates withheretics in respect of the penalties which they incur. Thisdecretal, which only mentions apostateJews by name, was applied indifferently to all. TheInquisition could therefore proceed against them. TheSpanishInquisition was directed, at the end of the fifteenth century, chiefly against apostates, theMaranos, or newChristians,Jews converted by force rather than by conviction; while in 1609 it dealt severely with theMoriscos, or professedly-convertedMoors ofSpain.

Today the temporal penalties formerly inflicted on apostates andheretics cannot be enforced, and have fallen into abeyance. The spiritual penalties are the same as those which apply toheretics. In order, however, to incur these penalties, it isnecessary, in accordance with the general principles of canon law, that the apostasy should be shown in some way. Apostates, with all who receive, protect, or befriend them, incurexcommunication, reservedspeciali modo to the Sovereign Pontiff (ConstitutionApostolicæ Sedis, n° 1). They incur, moreover, the note of "infamy", at least when their apostasy isnotorious, and are "irregular"; aninfamy and an irregularity which extend to the son and the grandson of an apostate father, and to the son of an apostate mother, should theparents die without being reconciled to theChurch [Decree of Gratian, Distinction L, xxxii; V, tit. 2, ii, xv of the sixth book of theDecretals (Friedberg, I, 191, II, 1069 and 1075)]. Most authors, however, are of opinion that the irregularity affects only the children ofparents who have joined some particularsect, or who have been personally condemned byecclesiastical authority [Gasparri, De sacrâ ordinatione (Paris, 1893), II, 288 and 294; Lehmkuhl, Theologia moralis (Freiburg im Br., 1898), II, 725; Wernz, Jus decretalium (Rome, 1899), II, 200; Hollweck, Die kirchlichen Strafgesetze (Mainz, 1899), 162]. Apostates are debarred fromecclesiastical burial (Decretals of Gregory IX, Bk. V, title 7, viii, Friedberg, II, 779). Any writings of theirs, in which they upholdheresy andschism, or labour to undermine the foundations offaith, are on the Index, and those who read them incur theexcommunication reserved,speciali modo to the Sovereign Pontiff [Constitution ofLeo XIII, Officiorum et munerum, 25 January, 1897, i, v; Vermeersch, De prohibitione et censurâ librorum (Rome, 1901), 3d ed., 57, 112]. Apostasy constitutes an impediment to marriage, and the apostasy of husband or wife is a sufficient reason for separationa thoro et cohabitatione, which, according to many authorities, theecclesiastical tribunal may make perpetual [Decretals of Gregory IX, IV, title 19, vi; (Friedberg, II, p. 722) ]. Others, however, maintain that this separation cannot be perpetual unless the innocent party embraces the religious state [Decretals of Gregory IX, ibidem, vii (Friedberg, II 722). See Gasparri, "Tractatus canonicus de matrimonio" (Paris, 1891), II, 283; De Becker, "De matrimonio" (Louvain, 1903), 2d ed., 424]. In the case ofclerics, apostasy involves the loss of all dignities, offices, andbenefices, and even of allclerical privileges (Decretals of Gregory IX. V, title 7, ix, xiii. See Hollweck, 163, 164).

Apostasyab ordine

This, according to the presentdiscipline of the Church, is the abandonment of theclerical dress and state byclerics who have received major orders. Such, at least, is the definition given of it by most authorities. The ancientdiscipline of the Church, though it did not forbid the marriage ofclerics, did not allow them to abandon theecclesiastical state of their own will, even if they had only receivedminor orders. TheCouncil of Chalcedon threatens withexcommunication all desertingclerics without distinction (Hardouin II, 603). This discipline, often infringed indeed, endured throughout a great part of theMiddle Ages.Pope Leo IX decreed, at the Council ofReims (1049): "Ne quis monachus vel clericus a suo gradu apostataret", allmonks and clerks are forbidden to abandon their state (Hardouin VI, 1007). TheDecretals of Gregory IX, published in 1234, preserve traces of the older discipline under the titleDe apostatis, which forbids all clerks, without distinction, to abandon their state [V, title 9, i, iii (Friedberg, II, 790-791) ].Innocent III had however, at an earlier date, given permission to clerks inminor orders to quit theecclesiastical state of their own will (Decretals of Gregory IX, III, title 3, vii; see also x, Friedberg, II, 458-460). TheCouncil of Trent did not restore the ancientdiscipline of the Church, but deemed it sufficient to command thebishops to exercise greatprudence in bestowing thetonsure, and only laid theobligations involved in theclerical state on clerks who have received major orders and on those who enjoy anecclesiastical benefice (Session XXIII,De Reformatione, iv, vi). Whence it follows that all other clerks can quit their state, but, by the very fact of doing so, lose all the privileges of theclergy. Even the clerk inminor orders who enjoys anecclesiastical benefice, should he wish to be laicized, loses hisbenefice by the very fact of his laicization, a loss which is to be regarded not as the penalty, but as the consequence, of his having abandoned theecclesiastical state. These considerations suffice, it would seem, to refute the opinion maintained by some writers [Hinschius, System des Katholischen Kirchenrechts (Berlin, 1895), V, 905], who think that a clerk inminor orders can, even at the present day, be an apostateab ordine. This opinion is rejected, among others, byScherer, [Handbuch des Kirchenrechtes (Gratz, 1886), I, 313; Wernz, II, 338, note 24; Hollweck, 299].

Today, after three ineffectual notices, the apostate clerk loses,ipso facto, the privileges ofclergy [Decretals of Gregory IX, V, title 9, i; title 39, xxiii, xxv (Friedberg, II, 790 and 897)]. By the very fact of apostasy he incursinfamy, which, however is only aninfamy of fact, not one of law imposed by canonical legislation.Infamy involves irregularity, and is an offense punishable by the loss ofecclesiastical benefices. Finally, should the apostate persist in his apostasy, thebishop mayexcommunicate him [Constit. ofBenedict XIII, Apostolicæ ecclesiæ regimine, 2 May, 1725, in Bullarum amplissima collectio (Rome, 1736), XI, ii, 400].

Apostasya religione, ormonachatus

Monachatus is the culpable departure of a religious from hismonastery with the intention of not returning to it and of withdrawing himself from theobligations of thereligious life. Amonk, therefore, who leaves hismonastery with the intention of returning is not an apostate, but a runaway, and so is the one who leaves it intending to enter anotherreligious order. Themonks andhermits of the earlyChurch made novow always continuing to live the ascetic life upon which they had entered. The rule ofSt. Pachomius, the father of the c£nobitical life, allowed the religious to leave hismonastery [Ladenze, Histoire du cénobitisme pakhomien (Louvain, 1898), 285]. But from the fourth century onwards the religious state became perpetual, and in 385Pope Siricius, in his letter to Himerius, expresses indignation against religious men orwomen who were unfaithful to theirpropositum sanctitatis (Hardouin I, 848, 849). TheCouncil of Chalcedon decreed that the religious who desired to return to the world should beexcommunicated, and the SecondCouncil of Arles called him an apostate (Hardouin II, 602, 603, 775). Throughout theMiddle Ages numerous councils andpapal decretals insisted on this perpetuity of thereligious life, of whichPeter Damian was one of the great champions (Migne, P.L., CXLV, 674-678).Paul IV, at the time of theCouncil of Trent, instituted very strict legislation against apostates by hisBullPostquam.,dated 20 July, 1558. These provisions were, however, recalled, two years later, byPius IV, in the Constitution,Sedis apostolicæ, of 3 April, 1560 (Bullarum amplissima collectio [Rome, 1745], IV, i, 343, and IV, ii, 10).

As thelaw stands today, the canonical penalties are inflected only upon apostates in the strict sense, that is, those professed with solemnvows, with whomJesuit scholastics are classed by privilege. Religious belonging to congregations with only simplevows, therefore, and those with simplevows in orders which also take solemnvows, do not incur these penalties. 1. Apostasy is a gravesin, theabsolution of which the superior may reserve to himself [Decree "Sanctissimus" ofClement VIII, 26 May, 1593, "Bullarum ampl. Collectio" (Rome, 1756), V, v, 254]. 2. The religious issuspended from the exercise of all orders which he may have received during the period of his apostasy, nor is this penalty removed by his return to hismonastery [Decretals of Gregory IX, V, title 9, vi (Friedberg, II, 792)]. 3. He is bound by all theobligations laid on him by hisvows and the constitutions of his order, but if he has laid aside the religious habit, and if a judicial sentence has pronounced his deposition, he loses all the privileges of his order, in particular that of exemption from thejurisdiction of the ordinary and the right of being supported at the expense of his community (Council of Trent, Session XXV,de regularibus, xix). 4. The fact of laving aside the religious habit involves the penalty ofexcommunication [III tit. 24, ii, of the sixth book ofDecretals (Friedberg II, 1065)]. 5. In severalreligious orders apostates incur the penalty ofexcommunication, even when they have not laid aside the religious habit, in virtue of special privileges granted to the order. 6. The apostate is bound to return to hismonastery as soon as possible, and theCouncil of Trent enjoinsbishops to punish religious who shall have left theirmonasteries without the permission of their superiors, as deserters (Session XXV,de regularibus, iv). Moreover, thebishop is bound to take possession of theperson of the apostatemonk and to send him back to his superior [Decree of the Congregation of the Council, 21 September, 1624, in "Bullarum amplissima collectio" (Rome, 1756), V, v, 248]. In the case of an apostatenun who leaves aconvent enjoying pontificalcloister, she incurs theexcommunication reservedsimpliciter to the Sovereign Pontiff [ConstitutionApostolicæ Sedis, n° 6. See Vermeersch, "De religiosis institutis et personis" (Rome, 1902), I, 200; Hollweck, 299; Scherer, II, 838. See alsoHERESY,IRREGULARITY,CLERIC, RELIGIOUS ORDERS].

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