by Br. Alexis Bugnolo

Since there are a plethora of bad translations of this Bull and because of its importance to not only the history of ecclesiastical jurisprudence but to the fact that it has never been abrogated by name — many of which provisions remain in force even unto today, according to what Pope John Paul II declares in his Constitution for the Election of the Roman Pontiff, Universi Dominici Gregis, n. 4 — I have chosen to make an entirely new translation.

This translation I have made directly from one of the most authoritative collections of Papal Bulls, since there are so many errors in the best English translation heretofore published, which attempts to make the text sound eloquent in English and thus obscures many juridical expressions which are customarily used in papal documents.

In addition to the English translation, I have researched the identity of each of the ones signing the Constitution, by using the information at Catholic-Hierarchy.org.  Thus, this edition of the Constitution now has more complete historical information about these holy men of God than any translation heretofore published.

The Latin Text of this Constitution is published below the English translation in PDF format (55 MB).

The three most important juridical principles, which I would draw the reader’s attention to, is that (1) in accord with this bull anyone who is a heretic is to be immediately deposed from office, and the first Catholic who is eligible can take possession of it. Also, that (2) the election of a Cardinal as Pope who beforehand had deviated from the Catholic Faith or fallen into heresy is declared null, irritus and void. Also, that (3) in heresy or a deviation from the Catholic Faith, that even a Roman Pontiff can be refuted and contradicted. —  This Constitution represents the high point in the Counter-Reformation, and if it had been continuously put into effect, the Church would be suffering nearly none Her present woes and maladies. — May a future Pope republish and renew this heavenly decree.

The Constitution, “Cum ex apostolatus”

Paul IV, Bishop
Servant of the Servants of God

February 15, 1559 A. D.

[Translated from the Latin text of the bull found in  Francesco Gaude’s,
Bullarum Diplomatum et Privilelgio, Turin, 1860, Tome VI, pp. 551-556.]

SINCE FROM THE OFFICE OF THE APOSTOLATE, divinely entrusted to Us, beyond the measure of Our merits, the general care of the Lord’s flock looms over Us, and hence from this We are bound for the sake of their faithful custody and salubrious direction, according to the custom of a Shepherd’s watches-at-night, to assiduously keep vigil, and to more attentively look ahead, so that those, who in this Age, with sins forcing them, as ones striving according to their own prudence, rise up more knowingly and more perniciously than usual against the discipline of the orthodox faith, and, who perverting the understanding of the sacred Scriptures with superstitious and fictive inventions, contrive to rend the unity of the Catholic Church and the seamless tunic of the Lord, may be repelled from Christ’s sheep-pen, lest they continue their magisterium of error, who contemn to be disciples of the truth.

§ 1. We, considering this kind of affair to be so grave and dangerous, that (even) the Roman Pontiff, who on earth acts in the place of our God and Lord, Jesus Christ, and who obtains the plenitude of power over nations and kingdoms, and judges all, as one to be judged by no one in this age, may, if he be found to be deviant from the Faith, be refuted; and that, where there is intended greater danger, one is to take counsel more fully and more diligently lest the pseudo-prophets or others having even secular jurisdiction miserably entrap the souls of the simple, and draw the innumerable people, committed to (their) care and government, in things spiritual and temporal, with them into the perdition and ruin of damnation, and lest it happen at some time that We see the abomination of desolation, which was spoken of by Daniel the prophet, in the Holy Place;  desiring as much as We are able with God, for the sake of our pastoral charge [munus], to capture the foxes, striving to demolish the vineyard of the Lord, and keep wolves at a distance from the sheep-pens, lest We be seen to be dumb dogs, not wanting to bark, and be lost with the evil field-workers, and be compared to a mercenary.

§ 2. After having held a mature deliberation over these things with Our venerable brothers, the Cardinals of the Holy Roman Church, with their counsel and unanimous assent, We approve and renew with (Our) Apostolic Authority each and all of the sentences, censures and punishments of excommunication, suspension and interdict and privation and whatever others, had for such (cases) by whatever Roman Pontiffs, Our predecessors, even through their letters extravagantes, or received by the Church of God in sacred councils, and/or published and promulgated  in whatever manner in the decrees and statutes of the holy Fathers, or by sacred canons and constitutions and apostolic ordinances, against heretics and schismatics, and We renew, that they are to be perpetually observed and are to be returned to and ought to be in a flourishing observance, if perhaps they not be in it; and that also whomsoever, who be found or confessed and/or convicted, to have heretofore deviated from the Catholic Faith or fallen into any heresy or to have joined in or excited or committed schisms, or — which God deign to avert by His Clemency and Goodness to all — who will deviate in the hereafter, or fall into heresy, or join in and/or excite or commit schisms, and be found to have deviated or fallen into, or joined and/or excited or committed or will confess or be convicted (of the same), of whatsoever state, grade, order, condition and preeminence they be, even episcopal, archepiscopal, patriarchal, primatial or in any greater ecclesiastical dignity or honor of the Cardinalate, and of whatever land of the Apostolic See they shine forth, as much perpetual as temporal, by the munus of a legation, and/or even with the authority or excellence of a Count, Baron, Marquis, Duke, King and Emperor, and We will and decree, that these incur whatever of the aforesaid sentences, censures and punishments.

§ 3. And nevertheless, considering it to be worthy that those who do not abstain from evils by the love of virtue, be deterred from the same by the fear of punishments; and that Bishops, Archbishops, Patriarchs, Primates, Cardinals, legates, Counts, Barons, Marquises, Dukes, Kings and Emperors, ought to be those who ought to teach others also by their own good example, so that they may continue in the Catholic Faith: in prevaricating they sin more gravely than all others, since they not only destroy their very selves, but also draw into the perdition and pit of destruction the innumerable other peoples, entrusted to their care and government or otherwise subject to them, We, from the counsel and assent of the same, by this Our Constitution to be valid in perpetuity, in hatred of such crimes, than which nothing can be greater or more pernicious in the Church of God, do, from the fullness of (Our) Apostolic Authority, sanction, establish, decree and define that, with the sentences, censures, aforesaid punishments remaining in their strength and efficacy, having their effect, each and all Bishops, Archbishops, Patriarchs, Primates, Cardinals, Legates, Counts, Barons, Marquises, Kings and Emperors, who heretofore, as is aforesaid, have been detected or confessed and/or convicted, to have deviated or fallen into heresy, or joined in, excited and/or committed schisms, or (who) in the hereafter will deviate or fall into heresy or join and/or excite or commit schisms, and be detected to have deviated or fallen into heresy or to have joined in, excited or committed schisms, since in this they are rendered more inexcusable than all others, that beyond the sentences, censures and aforesaid punishments, they be by this very thing, without any service of right or fact, entirely and wholly in perpetuity deprived of their orders and cathedrals, even metropolitan, patriarchal and primatial churches and of the honor of the Cardinalate and munus of any legation whatsoever, and even of active and passive voice, of all authority, and monasteries, benefices and ecclesiastical offices, cum cura or sine cura, (pertaining) to secular or regular Orders of any kind, which, they had obtained by whatever concessions and apostolic dispensations, in title, in comendam and administration or in whatsoever manner you like, in which and/or for which they had any right, and even of whatever fruits, returns and annual proceeds over the similar fruits, returns and proceeds reserved or assigned to them, even by Counts, Barons, Marquises, Dukes, Kings and Emperors, and regarding that, concerning all other things, let them be unable and incapable, and let them be held as relapsed and subverted, in all (places) and for all (times), from this very thing, even if they will have abjured heresy of this kind publicly in judgement; nor let them at any time ever be restored, returned, reintegrated or rehabilitated to their pristine state or cathedrals, metropolitian, patriarchal and primatial churches, or Cardinalates and/or other honor or whatever other greater or lesser dignity, or active and/or passive voice, or authority, or monasteries and benefices, and/or counties, baronies, marquisates, duchies, kingdoms and empire, who indeed have not been relinquished to the judgement of secular authority as ones to be punished with due consideration, unless they are to be brought back to the apparent indications of true penitence and the fruits of condign penitence, from the goodness and clemency of this See, in any monastery or other place of regulars, for doing perpetual penitence on the bread of grieving (doloris) and water of mourning (maestitiae). And that for such ones existing by all (titles), of whatever state, grade, order, condition and preeminence, or enjoying whatever dignity, even episcopal, archiepiscopal, patriarchal and primatial or other greater ecclesiastical, and even the honor of the Cardinalate, or by the mundane authority of a Count, Baron, Marquis, Duke, King or Emperor, let them be obliged to be held, treated and avoided as such and destitute of all human solace.

§ 4. And let those who pretend to hold the right of patronage or of naming the persons suitable to cathedrals, even the ones metropolitan, and patriarchal or primatial churches or monasteries and/or other ecclesiastic benefices, vacated through a privation of this kind, lest these be exposed to inconveniences of a too long vacancy, but be, rather, snatched from the service to heretics, let the same be conceded to suitable persons, who may faithfully direct their peoples in the paths of justice; (and) let them be bound to present other suitable persons to Us or the Roman Pontiff existing at that time, regarding churches, monasteries and benefices of this kind, within the time prescribed by right and/or under the statute of theirs according to the concordats or compacts begun with the said See; otherwise, with the time of this kind elapsed, let the full and free disposition of churches, monasteries and aforesaid benefices devolve in full right to Us and the aforesaid Roman Pontiff, by this very (fact).

§ 5. And, moreover, let those who will have presumed knowingly in any manner whatsoever to receive and/or defend the same thus found or confessed and/or convicted, or favor them and/or believe or teach their dogmas, incur by this very (fact) the sentence of excommunication, and let them be made infamous, nor let them be admitted by voice, person, writings and/or messenger or any procurator to public or private offices or councils or a Synod and/or Council, general and/or provincial, nor to a Conclave of the Cardinals or to any congregation of the Faithful or to the election of anyone, or to give witness, nor let them be able to be admitted; let them also be unable to write wills and to accede to a succession of an inheritance;  in addition, let no one respond to them upon any business.  Wherefore if they perhaps be judges, let their sentences obtain no firmness, nor let any cases be brought to their hearing; and, if they be lawyers, let their patronage be in no manner received; but if if they be messengers, let the credentials made for them be entirely of no strength and/or moment. And moreover let clerics for each and all churches, even cathedrals, metropolitans, patriarchals and primatials, or dignities, monasteries, benefices and ecclesiastical offices, even, as is preferred, those qualified, obtained for them in any manner you will, and both they and laymen, even, as is promoted, qualified and endowed with the aforesaid dignities, in whatsoever kingdoms, duchies, lordships, fiefs and temporal goods possessed by them, stand forth deprived by this very (fact); and let the kingdoms, duchies, lordships, fiefs and goods of this kind be confiscated and let them be as confiscated, and let them become of the right and property of those, who occupy them first, if they have been obedient in the sincerity of the Faith and in unity of the Holy Roman Church, and under Ours and that of Our successors, the Roman Pontiffs, canonically elected.

§ 6. Adding, that if at any time it will have appeared that any Bishop, even acting as an Archbishop or Patriarch and/or Primate, or a Cardinal of the aforesaid Roman Church, even, as as promoted, Legate, or even the Roman Pontiff, before his promotion as a Cardinal or assumption as Roman Pontiff, has deviated from the Catholic Faith or fallen into any heresy, let the promotion or assumption of him, even accomplished in agreement and unanimous assent of all the Cardinals, stand forth as null, irritus and void, and let neither through his undertaking of the munus, consecration, or subsequent government and administration, possession, or as if, and/or enthronement or adoration of him as Roman Pontiff, or obedience proffered to him by all, and whatever course of time in the aforesaid, be able to be said to be convalidated or be convalidated, nor let it be had as legitimate in any of its parts, and let it be judged to have granted or to grant no faculty for such things to those promoted as Bishops or Archbishops and/or Patriarchs, or assumed as Cardinals and/or Roman Pontiff, in things spiritual and/or temporal, but let each and every thing said, done, accomplished and administered in any manner you will by them, and whatever things follow from these, lack force, and let them grant entirely no firmness nor right to anyone; and let these same thus promoted and assumed by this very (fact), without any declaration needed to be made over them, be deprived of all dignity, position, honor, title, authority, office and power; and Let it be licit, for each and all thus promoted and assumed, if they had not before deviated from the Faith nor were heretics, nor joined in or excited and/or committed schisms:

§ 7. for persons subject, both clerics and seculars, and regulars as even lay, and also Cardinals, even those who were present at the election of the Pontiff (who) deviated beforehand from the Faith or (was) a schismatic, or (who) otherwise consented, and proffered obedience to him, and (who) adored him, even castellans, prefects, captains and officials, even of Our beloved City and while Ecclesiastical Estate, even to the same thus promoted and/or assumed by homage or oath and/or obliged or constrained by caution, by obedience and devotion of the same thus promoted and/or assumed immune, (let it be licit) at any time to withdraw, and to avoid them as warlocks, foreigners, publicans  and hesiarchs; and for the same subject persons by fidelity and obedience of future Bishops, Archbishops, Patriarchs, Primates, Cardinals and Roman Pontiffs canonically elected nevertheless, remaining bound, and, (who) regarding the greater of these, thus promoted and assumed, if they wish to continue their government and administration, (let it be licit) to request the assistance of the secular arm to harass [confusionem] the same thus promoted and assumed; nor let those withdrawing from fidelity and obedience to the same thus promoted and assumed, on the occasion of the aforesaid, be, as tearers of the tunic of the Lord, subject to the vengeance of any censures or punishments.

§ 8.  Not withstanding the Apostolic Constitutions and ordinances, and even the privileges, indults and Apostolic Letters to the same Bishops, Archbishops, Patriarchs, Primates and Cardinals and whatever others, under whatsoever tenor and form, and together with whatever clauses and decrees, even (those) Motu Proprio and ex certa scientia, and from the fullness of Apostolic Authority, or even (those) conceded in Consistory or otherwise in any manner and even (those) approved and renewed over and over, and even contained in the Corpus Iuris, and even those by whatsoever capitular conclaves, even (those) strengthened by an oath or Apostolic confirmation and/or by any other firmness, even sworn by Us ourselves.  All of which, presenting their tenor as had in place of express (mentions) even (those) having been inserted word for word, with these otherwise remaining in their force, We especially and expressly derogate at least this time, with all others whatsoever (remaining) contrary.

§ 9. Moreover, so that the present letters might be brought to the knowledge of all, whom it interests, We will that they or their transcriptions — which We decree should be shown full faith after having been subscribed by the hand of a public notary and furnished with the seal of any person constituted in ecclesiastical dignity — be published and affixed upon the doors of the Basilica of the Prince of the Apostles in the City and of the Apostolic Chancery and in the perimeter of the Campo dei Fiori through any of our couriers, and that a copy of the same be placed therein affixed, and that the publication, posting and placing of an affixed copy of this kind suffice and be had as a solemn and legitimate (announcement), and that no other publication ought to be required or expected.

§ 10. Therefore, let it be licit to entirely no one of men to infringe upon this page of Our approbation, renewal, sanction, statute, wills to derogate, decrees and/or with temerarius daring to contradict (it). If, however, any one presume to attempt this, let him know that he will incur the indignation of the Omnipotent God and His Blessed Apostles, Peter and Paul.

Given at Rome, at Saint Peter’s, in the year of the Lord’s Incarnation, One Thousand, Five Hundred, Fifty-Nine, the fourth year of Our Pontificate.

+ I, Paul, Bishop of the Catholic Church
+ I, John du Bellay, Cardinal Bishop of Ostia
+ I, Rodolfo Pio de Carpo, Cardinal Bishop of Porto e Santa Rufina
+ I, Francesco Pisani, Cardinal Bishop of Frascati
+ I, Federico Cesi, Cardinal Bishop of Palestrina
+ I, Pedro Pacheco de Villena, Cardinal Bishop of Albano
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+ I, Ranuccio Farnese, Cardinal Deacon of Santa Angelo in Pescheria, the Penitentiary Major, Latin Patriarch of Constantinople
+ I, Tiberio Crispi, Cardinal Priest of Sant’Agata dei Goti, Bishop of Sessa Arunca
+ I, Fluvio Giulio della Corgna, Cardinal Priest of Santo Stefano al Monte Celio, Bishop of Perugia
+ I, Giovanni Michele Saraceni, Cardinal Priest of Sant’Anastasia
+ I, Giovanni Ricci, Cardinal Priest of San Vitale, Bishop of Chiusi, Italy
+ I, Giacomo Puteo, Cardinal Priest of Santa Maria in Via
+ I, Girolomo Dandini, Cardinal Priest of San Marcello, Bishop of Imola
+ I, Bernardino Scotti. Cardinal Priest of San Matteo in Merulana, Archbishop of Piacenza
+ I, Diomede Carafa, Cardinal Priest of San Pier Damniani ai Monti di San Paolo, Bishop of Ariano
+ I, Scipio Rebiba, Cardinal Priest of Santa Pudenziana, Archbishop of Pisa
+ Jean Suau, Cardinal Priest of San Giovanni a Porta Latina, Bishop of Mirepoix, France
+ Giannantonio Capizucchi, Cardinal of San Pancrazio, Bishop of Lodi
+ I Taddeo Gaddi, Cardinal Priest of San Silvestro in Capite
+ I Virgilio Rosario, Cardinal Priest of San Simeone Profeta, Bishop of Spoleto
+ I, Francisco Mendoza Bobadilla, Cardinal Priest of Sant’Eusebio, Bishop of Alexandria
+ I, Clemented’Olera, Cardinal Priest of Santa Maria in Ara Caeli
+ I Guido Ascanio Sforza di Santa Fiora, Cardinal Deacon of Santa Maria in Via Lata
+ I, Niccolò Caetani di Sermoneta, Cardinal Deacon of Sant’Eustachio
+ I, Giacomo Savelli, Cardinal Deacon of Santa Maria in Cosmedin
+ I, Girolamo Recanati Capodiferro, Cardinal Deacon of San Giorgio in Velabro, Bishop of Saint Jean du Maurienne, France
+ I, Innocenzo Ciocchi del Monte, Cardinal Deacon of Sant’Onofrio
+ I, Luigi Cornaro, Cardinal Deacon of San Teodoro
+I, Carlo Carafa, Cardinal Deacon of Sainti Vito, Modesto and Crescenzia
+ I, Alfonso Carafa, Cardinal Deacon of Santa Maria in Domnica, Archbishop of Naples
+ I, Vitellozzo Vitelli, Cardinal Deacon of Santa Maria in Portico, Bishop of Citta di Castello
+ I, Giovanni Battista Consigliere, Cardinal Deacon of Santa Lucia in Septisolio

As God is My Help

Given on the 15th of February, 1559, in the 4th of (our) Pontificate

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The Book on the Trinity, every faithful Catholic priest would love as his next present

This is Br. Bugnolo's English Translation, of Saint Bonaventure's encylopedic book of theology on the Trinity: With this book, your priest will always have something intelligent and awesomely inspiring to preach to you about God the Father, God the Son & God the Holy Spirit!

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