Part II: Whether the  Bull of Paul IV was abolished or derogated by the Code of 1983.

for Part I, see Here

Rome, February 24, 2015:  On Wednesday of this week, Rorate Caeli published an interesting article on the possibility of heresy in the Pope, entitled, “Paul IV and the Heretics of His Time – by Roberto de Mattei“, translated by Francesca Romana. The article discussed the importance of the Papal Bull, issued by the same Pope, which bears the Latin title, « Cum ex apostolatus officio », which means, “On account of our Apostolic duty/office”.  The original of Dr. de Mattei’s article was published the same day in Italian by Corrispondenza Romana.

In To what extent is Pope Paul IV’s  « Cum ex apostolatus officio » still in effect?, The From Rome blog examined the intention of Pope Paul IV in promulgating this law, and whether the promulgation of the 1917 Code of Canon Law abrogated it, wherein we argued that it was not abrogated, since it was a law of positive right, exempted by canon 6 of that Code from abrogation  (see revisions of conclusion therein).

Now let us consider..

Whether the promulgation of the Code of Canon Law of 1983 did anything?

The argument which arises as to the perpetually validity of the Papal Law, « Cum ex apostolatus officio » arises secondarily upon the occasion of the promulgation of the Code of Canon Law of 1983 (which we cite it from Intratext), and that due to canon 6 of that code, which reads:

Can. 6 §1 When this Code comes into force, the following are abrogated:

1° the Code of Canon Law promulgated in 1917;

2° other laws, whether universal or particular, which are contrary to the provisions of this Code, unless it is otherwise expressly provided in respect of particular laws;

3° all penal laws enacted by the Apostolic See, whether universal or particular, unless they are resumed in this Code itself;

4° any other universal disciplinary laws concerning matters which are integrally reordered by this Code.

• • • • § 2  To the extent that the canons of this Code reproduce the former law, they are to be assessed in the light also of canonical tradition.

UPDATE: What follows has been reworked and added on August 11, 2025.

In part I, I showed how the Bull of Paul IV, in its censure contained in n. 6 regarding the election of a man, as pope, when after his election he be discovered to have deviated from the Catholic Faith or fallen into heresy or partook of a schism, was not abolished by the Code of 1917, the arguments of which regarding canon 6 of the 1917 code are nearly all applicable word for word against the provisions of canon 6 of the 1983.

There remains, only, that we consider, whether n. 6 of Paul IV’s law is contrary (Canon 6 §1, 2°)  to the provisions of the 1983 code or is integrally reordered by it (Canon 6 §1, 5°).

First, there is nothing in the Code of 1983, about the Election of the Roman Pontiff, per se. So it is neither contrary to integrally reordered in it, and thus is immune from being abolished on this account.

In general, however, in canon 1364 of the 1983 Code all formal manifest heretics, which is the kind spoken of in n. 6 of the Bull of Paul IV, are ipso facto excommunicated. This is 100% in accord with Paul IV’s Bull in nn. 3-5, though it does not directly regard n. 6 of Paul IV’s Bull.

Then, in canon 1331 §1 of the 1983 Code, those excommunicated are expressly forbidden to exercising any munus, office, or ministerium in the Church, even if they have not yet been condemned in a tribunal. This is also 100% in accord with the Bull of Paul IV in nn. 3-6.

Finally, in canon 1331 §2, excommunicates, who have been declared as such in tribunals, cannot be elected to any office in the Church. While this regards whether they can be elected, and Paul IV speaks of the election of a man as pope after being elected, still Paul IV’s Bull, which does forbid that they vote or be voted for,  declares that if they be elected their election be invalid, and is thus not contrary nor reintegrated into the general norms of the Code. And though it is true that the Code of 1983 does not expressly say, that excommunicated, who have not been condemned in a tribunal or by sentence, cannot be promoted to office, it is clear that that is the intention of the legislator when in canon 1331 §1, he forbids all such to exercise any office.

Indeed, it would be absurd to read the entirety of canon 1331 and argue that it intends an excommunicate to be elected the Pope and that his election NOT be declared invalid! It certainly does not give any indication of such a reading, rather, it’s text is in conformity with the exact opposite implication.

Thus, since Paul IV’s Bull, in n. 6, does not forbid that they be elected but does declare their election null, void and irritus, it is not contrary to these provisions of the Code. Nor it is integrally reintegrated. And thus, it is clear that this prescription of Paul IV, in n. 6, remains in force and has not been abolished by the promulgation of the Code of 1983.

 

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