By virtue of the
Apostolic office which, despite our unworthiness, has been entrusted to
Us by God, We are responsible for the general care of the flock of the
Lord. Because of this, in order that the flock may be faithfully
guarded and beneficially directed, We are bound to be diligently
watchful after the manner of a vigilant Shepherd and to ensure most
carefully that certain people who consider the study of the truth
beneath them should be driven out of the sheepfold of Christ and no
longer continue to disseminate error from positions of authority. We
refer in particular to those who in this age, impelled by their
sinfulness and supported by their cunning, are attacking with unusual
learning and malice the discipline of the orthodox Faith, and who,
moreover, by perverting the import of Holy Scripture, are striving to
rend the unity of the Catholic Church and the seamless tunic of the
Lord.
1.In assessing
Our duty and the situation now prevailing, We have been weighed upon by
the thought that a matter of this kind [i.e. error in respect of the
Faith] is so grave and so dangerous that the Roman Pontiff,who is the
representative upon earth of God and our God and Lord Jesus Christ, who
holds the fulness of power over peoples and kingdoms, who may judge all
and be judged by none in this world, may nonetheless be contradicted if
he be found to have deviated from the Faith. Remembering also that,
where danger is greater, it must more fully and more diligently be
counteracted, We have been concerned lest false prophets or others,
even if they have only secular jurisdiction, should wretchedly ensnare
the souls of the simple, and drag with them into perdition, destruction
and damnation countless peoples committed to their care and rule,
either in spiritual or in temporal matters; and We have been concerned
also lest it may befall Us to see the abomination of desolation, which
was spoken of by the prophet Daniel, in the holy place. In view of
this, Our desire has been to fulfil our Pastoral duty, insofar as, with
the help of God, We are able, so as to arrest the foxes who are
occupying themselves in the destruction of the vineyard of the Lord and
to keep the wolves from the sheepfolds, lest We seem to be dumb
watchdogs that cannot bark and lest We perish with the wicked
husbandman and be compared with the hireling.
2 Hence,
concerning these matters, We have held mature deliberation with our
venerable brothers the Cardinals of the Holy Roman Church; and, upon
their advice and with their unanimous agreement, we now enact as
follows:-
In respect of each and every sentence of
excommunication, suspension, interdict and privation and any other
sentences, censures and penalties against heretics or schismatics,
enforced and promulgated in any way whatsoever by any of Our
predecessors the Roman Pontiffs, or by any who were held to be such
(even by their "litterae extravagantes" i.e. private letters), or by
the sacred Councils received by the Church of God, or by decrees of the
Holy Fathers and the statutes, or by the sacred Canons and the
Constitutions and Apostolic Ordinations - all these measures, by
Apostolic authority, We approve and renew, that they may and must be
observed in perpetuity and, if perchance they be no longer in lively
observance, that they be restored to it.
Thus We will and decree that the
aforementioned sentences, censures and penalties be incurred without
exception by all members of the following categories:
(i) Anysoever who, before this date, shall
have been detected to have deviated from the Catholic Faith, or fallen
into any heresy, or incurred schism, or provoked or committed either or
both of these, or who have confessed to have done any of these things,
or who have been convicted of having done any of these things.
(ii) Anysoever who (which may God, in His
clemency and goodness to all, deign to avert) shall in the future so
deviate or fall into heresy, or incur schism, or shall provoke or
commit either or both of these.
(iii) Anysoever who shall be detected to have
so deviated, fallen, incurred, provoked or committed, or who shall
confess to have done any of these things, or who shall be convicted of
having done any of these things.
These sanctions, moreover, shall be incurred
by all members of these categories, of whatever status, grace, order,
condition and pre-eminence they may be, even if they be endowed with
the Episcopal, Archiepiscopal, Patriarchal, Primatial or some other
greater Ecclesiastical dignity, or with the honour of the Cardinalate
and of the Universal Apostolic See by the office of Legate, whether
temporary or permanent, or if they be endowed with even worldly
authority or excellence, as Count, Baron, Marquis, Duke, King or
Emperor.
All this We will and decree.
3. Nonetheless,
We also consider it proper that those who do not abandon evil deeds
through love of virtue should be deterred therefrom by fear of
punishment; and We are aware that Bishops, Archbishops, Patriarchs,
Primates, Cardinals and Legates, Counts, Barons, Marquises, Dukes,
Kings and Emperors (who ought to teach others and offer them a good
example in order to preserve them in the Catholic Faith), by failing in
their duty sin more gravely than others; since they not only damn
themselves, but also drag with them into perdition and into the pit of
death countless other people entrusted to their care or rule, or
otherwise subject to them, by their like counsel and agreement.
Hence, by this Our Constitution which is to
remain valid in perpetuity, in abomination of so great a crime (than
which none in the Church of God can be greater or more pernicious) by
the fulness of our Apostolic Power, We enact, determine, decree and
define (since the aforesaid sentences, censures and penalties are to
remain in efficacious force and strike all those whom they are intended
to strike) that:-
(i) each and every member of the following
categories - Bishops, Archbishops, Patriarchs, Primates, Cardinals,
Legates, Counts, Barons, Marquises, Dukes, Kings and Emperors - who:
(a)hitherto (as We have already said) have
been detected, or have confessed to have, or have been convicted of
having, deviated [i.e. from the Catholic Faith], or fallen into heresy
or incurred schism or provoked or committed either or both of these;
(b) in the future also shall [so] deviate, or
fall into heresy, or incur schism, or provoke or commit either or both
of these, or shall be detected or shall confess to have, or shall be
convicted of having [so] deviated, or fallen into heresy, or incurred
schism, or provoked or committed either or both of these;
(since in this they are rendered more
inexcusable than the rest) in addition to the aforementioned sentences,
censures and penalties, shall also automatically, without any exercise
of law or application of fact, be thoroughly, entirely and perpetually
deprived of:- their Orders and Cathedrals, even Metropolitan,
Patriarchal and Primatial Churches, the honour of the Cardinalate and
the office of any embassy whatsoever, not to mention both active and
passive voting rights, all authority, Monasteries, benefices and
Ecclesiastical offices, be they functional or sinecures, secular or
religious of whatsoever Order, which they may have obtained by any
concessions whatsoever, or by Apostolic Dispensations to title, charge
and administration or otherwise howsoever, and in which or to which
they may have any right whatsoever, likewise any whatsoever fruits,
returns or annual revenues from like fruits, returns and revenues
reserved for and assigned to them, as well as Countships, Baronies,
Marquisates, Dukedoms, Kingships and Imperial Power;
(ii) that, moreover, they shall be unfit and
incapable in respect of these things and that they shall be held to be
backsliders and subverted in every way, just as if they had previously
abjured heresy of this kind in public trial; that they shall never at
any time be able to be restored, returned, reinstated or rehabilitated
to their former status or Cathedral, Metropolitan, Patriarchal and
Primatial Churches, or the Cardinalate, or other honour, any other
dignity, greater or lesser, any right to vote, active or passive, or
authority, or Monasteries and benefices, or Countships, Baronies,
Marquisates, Dukedoms, Kingships and positions of Imperial power; but
rather that they shall be abandoned to the judgement of the secular
power to be punished after due consideration, unless there should
appear in them signs of true penitence and the fruits of worthy
repentance, and, by the kindness and clemency of the See itself, they
shall have been sentenced to sequestration in any Monastery or other
religious house in order to perform perpetual penance upon the bread of
sorrow and the water of affliction;
(iii) that all such individuals also shall be
held, treated and reputed as such by everyone, of whatsoever status,
grade, order, condition or pre-eminence he may be and whatsoever
excellence may be his, even Episcopal, Archiepiscopal, Patriarchal and
Primatial or other greater Ecclesiastical dignity and even the honour
of the Cardinalate, or secular, even the authority of Count, Baron,
Marquis, Duke, King or Emperor, and as such must be avoided and must be
deprived of the sympathy of all natural kindess.
4. [By this Our
Constitution, which is to remain valid in perpetuity, We] further
enact, determine, decree and define:-]
that those who shall have claimed to have the
right of patronage or of nominating suitable persons to Cathedral,
Metropolitan, Patriarchal and Primatial Churches, or to Monasteries or
other Ecclesiastical benefices which may be vacant by privation of this
kind (in order that those which shall have been vacant for a long time
may not be exposed to the unfit, but, having been rescued from
enslavement to heretics, may be granted to suitable persons who would
faithfully direct their people in the paths of justice), shall be bound
to present other persons suitable to Churches, Monasteries and
benefices of this kind, to Us, or to the Roman Pontiff at that time
existing, within the time determined by law, or by their concordats, or
by compacts entered into with the said See; and that, if they shall not
have done so when the said period shall have elapsed, the full and free
disposition of the aforesaid Churches, Monasteries and benefices shall
by the fulness of the law itself devolve upon Us or upon the aforesaid
Roman Pontiff.
5. [By this Our
Constitution,] moreover, [which is to remain valid in perpetuity, We]
also [enact, determine, decree and define:-]
as follows concerning those who shall have
presumed in any way knowingly to receive, defend, favour, believe or
teach the teaching of those so apprehended, confessed or convicted:
(i) they shall automatically incur sentence of
excommunication;
(ii) they shall be rendered infamous;
(iii) they shall be excluded on pain of
invalidity from any public or private office, deliberation, Synod,
general or provincial Council and any conclave of Cardinals or other
congregation of the faithful, and from any election or function of
witness, so that they cannot take part in any of these by vote, in
person, by writings, representative or by any agent;
(iv) they shall be incapable of making a will;
(v) they shall not accede to the succession of
heredity;
(vi) no one shall be forced to respond to them
concerning any business;
(vii) if perchance they shall have been
Judges, their judgements shall have no force, nor shall any cases be
brought to their hearing.;
(viii) if they shall have been Advocates,
their pleading shall nowise be received;
(ix) if they shall have been Notaries,
documents drafted by them shall be entirely without strength or weight;
(x) clerics shall be automatically deprived of
each and every Church, even Cathedral, Metropolitan, Patriarchal,
Primatial, and likewise of dignities, Monasteries, benefices and
Ecclesiastical offices, and even, as has been already mentioned, of
qualifications, howsoever obtained by them;
(xi) laymen, moreover, in the same way - even
if they be qualified, as already described, or endowed with the
aforesaid dignities or anysoever Kingdoms, Duchies, Dominions, Fiefs
and temporal goods possessed by them;
(xii) finally, all Kingdoms, Duchies,
Dominions, Fiefs and goods of this kind shall be confiscated, made
public and shall remain so, and shall be made the rightful property of
those who shall first occupy them if these shall be sincere in faith,
in the unity of the Holy Roman Church and under obedience to Us and to
Our successors the Roman Pontiffs canonically entering office.
6. In addition, [by this Our Constitution,
which is to remain valid in perpetuity We enact, determine, decree and
define:-]
that if ever at any time
it shall appear that any Bishop, even if he be acting as an Archbishop,
Patriarch or Primate; or any Cardinal of the aforesaid Roman Church,
or, as has already been mentioned, any legate, or even the Roman
Pontiff, prior to his promotion or his elevation as Cardinal or Roman
Pontiff, has deviated from the Catholic Faith or fallen into some
heresy:
(i) the
promotion or elevation, even if it shall have been uncontested and by
the unanimous assent of all the Cardinals, shall be null, void and
worthless;
(ii) it shall
not be possible for it to acquire validity (nor for it to be said that
it has thus acquired validity) through the acceptance of the office, of
consecration, of subsequent authority, nor through possession of
administration, nor through the putative enthronement of a Roman
Pontiff, or Veneration, or obedience accorded to such by all, nor
through the lapse of any period of time in the foregoing situation;
(iii) it shall
not be held as partially legitimate in any way;
(iv) to any so
promoted to be Bishops, or Archbishops, or Patriarchs, or Primates or
elevated as Cardinals, or as Roman Pontiff, no authority shall have
been granted, nor shall it be considered to have been so granted either
in the spiritual or the temporal domain;
(v) each and
all of their words, deeds, actions and enactments, howsoever made, and
anything whatsoever to which these may give rise, shall be without
force and shall grant no stability whatsoever nor any right to anyone;
(vi) those thus
promoted or elevated shall be deprived automatically, and without need
for any further declaration, of all dignity, position, honour, title,
authority, office and power.
7. Finally, [by
this Our Constitution, which is to remain valid in perpetuity, We] also
[enact, determine, define and decree]:-
that any and all persons who would have been
subject to those thus promoted or elevated if they had not previously
deviated from the Faith, become heretics, incurred schism or provoked
or committed any or all of these, be they members of anysoever of the
following categories:
(i) the clergy, secular and religious;
(ii) the laity;
(iii) the Cardinals, even those who shall have
taken part in the election of this very Pontiff previously deviating
from the Faith or heretical or schismatical, or shall otherwise have
consented and vouchsafed obedience to him and shall have venerated him;
(iv) Castellans, Prefects, Captains and
Officials, even of Our Beloved City and of the entire Ecclesiastical
State, even if they shall be obliged and beholden to those thus
promoted or elevated by homage, oath or security;
shall be permitted at any time to withdraw
with impunity from obedience and devotion to those thus promoted or
elevated and to avoid them as warlocks, heathens, publicans, and
heresiarchs (the same subject persons, nevertheless, remaining bound by
the duty of fidelity and obedience to any future Bishops, Archbishops,
Patriarchs, Primates, Cardinals and Roman Pontiff canonically entering).
To the greater confusion, moreover, of those
thus promoted or elevated, if these shall have wished to prolong their
government and authority, they shall be permitted to request the
assistance of the secular arm against these same individuals thus
promoted or elevated; nor shall those who withdraw on this account, in
the aforementioned circumstances, from fidelity and obedience to those
thus promoted and elevated, be subject, as are those who tear the tunic
of the Lord, to the retribution of any censures or penalties.
8. [The
provisions of this Our Constitution, which is to remain valid in
perpetuity are to take effect] notwithstanding any Constitutions,
Apostolic Ordinations, privileges, indults or Apostolic Letters,
whether they be to these same Bishops, Archbishops, Patriarchs,
Primates and Cardinals or to any others, and whatsoever may be their
import and form, and with whatsoever sub-clauses or decrees they may
have been granted, even "motu proprio" and by certain knowledge, from
the fulness of the Apostolic power or even consistorially or otherwise
howsoever; and even if they have been repeatedly approved and
renewed,have been included in the corpus of the Law or strengthened by
any capital conclaves whatsoever (even by oath) or by Apostolic
confirmation or by anysoever other endorsements or if they were
legislated by ourself. By this present document instead of by express
mention, We specially and expressly derogate the provisions of all
these by appropriate deletion and word-for-word substitution, so that
these may otherwise remain in force.
9. In order,
however, that this document may be brought to the notice of all whom it
concerns, We wish it or a transcription of it (to which, when made by
the hand of the undersigned Public Notary and fortified by the seal of
any person established in ecclesiastical dignity, We decree that
complete trust must be accorded) to be published and affixed in the
Basilica of the Prince of the Apostles in this City and on the doors of
the Apostolic Chancery and in the pavilion of the Campus Florae by some
of our couriers; [we] will [further] that a quantity of copies affixed
in this place should be distributed, and that publication and affixing
of this kind should suffice and be held as right, solemn and
legitimate, and that no other publication should be required or awaited.
10. No one at
all, therefore, may infringe this document of our approbation,
re-introduction, sanction, statute and derogation of wills and decrees,
or by rash presumption contradict it. If anyone, however, should
presume to attempt this, let him know that he is destined to incur the
wrath of Almighty God and of the blessed Apostles, Peter and Paul.
Given in Rome at Saint Peter's in the year of
the Incarnation of the Lord 1559, 15th February, in the fourth year of
our Pontificate.
+ I, Paul, Bishop of the Catholic Church…