On Communication in Religious Rites with Heretics
Tractatus de Virtute Fidei Divinae: Disputatio XXII, Sectio 1.
The second chief doubt is whether we may communicate with an undeclared heretic only in civil and human affairs, or even in sacred and spiritual things. It is certain that we cannot communicate with heretics in the rites proper to a heretical sect, because this would be contrary to the precept of confessing the faith and would contain an implicit profession of error. But the question relates to sacred matters containing no error, e.g. whether it is lawful to hear Mass with a heretic, or to celebrate in his presence, or to be present while he celebrates in a Catholic rite, etc.
This is denied by Basil. Pont. […] where he says, “one may not celebrate in the presence of a heretic on any grounds, not even by virtue of very grave fear,” and he takes this for granted and offers no proof of his claim. I am astonished that such a learned man should have failed to notice that the authority of all the Doctors is against him, and that they are followed by Sanchez […], Suarez […], Azor […] and others, followed by Hurtado […], and this [sc. the opposing view] is certain from what has been said, because an undeclared excommunicate who is not notoriously guilty of striking a cleric, need not be avoided even in sacred rites, as is established by the said litterae extravagantes (2), and the fact that he is a heretic is not a special reason why it should be unlawful unless on some other grounds there be scandal or irreverence against the faith, or some other such factor, all of which are extrinsic and not always found.
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Thirdly however an object of greater doubt is whether Catholics may receive the sacraments from heretics who have not been declared to be such. This is denied by Azor. […], though he is scarcely consistent as to his grounds, for in the first place he says that this is due not only to the excommunication, but also to the heresy; but in the second place he says that it is on account not of the heresy but of the excommunication, inasmuch as every excommunicate, even occult, lacks jurisdiction. Soto agrees with him […], though on different grounds, since he thinks that all heretics and schismatics are deemed to have been excommunicated by name and to be vitandi.
But the opposite view is generally held [communis] and is the true one, unless it should be illicit in a given case for some other reason such as scandal or implicit denial of the faith, or because charity obliges one to impede the sin of the heretical minister administering unworthily where necessity does not urge. This is the teaching of Navarro and Sanchez […], Suarez […], Hurtado […] and is what I have said in speaking of the sacrament of penance […] and of matrimony and the other sacraments […]. It is also certain by virtue of the said litterae extravagantes(3) in which communication with excommunicati tolerati is conceded to the faithful in the reception and administration of the sacraments.
So as these heretics are not declared excommunicates or notoriously guilty of striking a cleric, there is no reason why we should be prevented from receiving the sacraments from them because of their excommunication, although on other grounds it may often be illicit to do so unless necessity should excuse as I have explained in the said places.
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