CUM EX APOSTOLATUS OFFICIO

The Bull of Pope Paul IV Against Heretics

Cum ex Apostolatus Officio


Translated  from  the  Authentic Roman Edition of
1559 By

Robert Charles Jenkins, M.A.,


"Haec nostra in perpetuum valitura constitution"


Privately Printed

Folkestone

Printed by R. Goulden, 14 & 20 Rendezvous Street



Transcribed    from    the    scanned    original
(http://clem.mscd.edu/~ldunbar2/cumex.pdf)     by
Lucio Mascarenhas for the One Holy  Catholic  and
Apostolic   Roman  Church  by  Authority  of  His
Holiness Michael I, Bishop of Rome


Robert  Charles  Jenkins,   1815-1896,   was   an
Anglican  apologist and polemicist who authored a
range of documents in defense of Anglicanism, and
principally  against the Catholic Church. Jenkins
was Anglican vicar of Lyminge, honorary  Anglican
Canon  of Canterbury, and honorary curator of the
library of Lambeth Palace, the residence  of  the
Anglican Bishop of London.



PAUL, Bishop, Servant of the Servants of God, for
the perpetual remembrance hereof:

Since, by reason of the office of the  Apostolate
to  us  (though  without  our  deserts)  divinely
entrusted, the general cure of the flock  of  the
Lord devolves to us; and we are accordingly bound
like a vigilant shepherd to watch assiduously and
to   provide   attentively   for   its   faithful
protection, and salutary direction in order  that
those  who  in this age (our sins occasioning it)
leaning on their own  wisdom  rebel  against  the
teaching  of  the  orthodox  faith  with  greater
licence and injury than is wont, and  with  their
superstitions     and    fictitious    inventions
perverting the meaning of  the  holy  Scriptures,
endeavor to rend the unity of the Catholic Church
and the seamless robe  of  the  Lord,  should  be
driven  from  the  fold of Christ, and should not
remain teachers of error  while  they  refuse  to
become disciples of the truth.


§1. We considering a matter of this kind to be of
so grave and perilous  a  nature  that  even  the
Roman  Pontiff,  who is the viceregent of God and
the  Lord  Jesus  Christ  upon  earth,  having  a
plenitude  of  power  over  nations and kingdoms,
judging all and being  judged  of  none  in  this
present world, may nevertheless be reproved if he
is   found   deviating   from    the    faith-and
(considering   moreover)   that  where  there  is
greater danger there should be also a fuller  and
more  diligent  consultation, lest false prophets
or  others  having  secular  jurisdiction   also,
should   entangle  miserably  the  souls  of  the
faithful, and should draw  down  with  them  into
perdition and destruction the innumerable peoples
committed  to  their  charge  and  government  in
spiritual  or  temporal  matters, and so it might
happen that we  should  see  the  abomination  of
desolation  spoken  of  by Daniel the Prophet, in
the holy place. We therefore desiring as  far  as
with God's help we can, in virtue of our pastoral
office, to capture the foxes who seek to  destroy
the  Lord's vineyard and to drive the wolves from
the fold; lest we  should  seem  like  dumb  dogs
unwilling   to   bark  and  be  compared  to  bad
husbandmen and mercenaries; §2. having had mature
deliberation  with  our  venerable  brethren  the
Cardinals of the  Holy  Roman  Church,  by  their
advice  and  unanimous assent, approve and renew,
by our  Apostolic  authority,  all  and  singular
sentences,     censures    and    penalties    of
excommunication,   suspension,   and   interdict,
privation,  and every other such sentence made by
every one of the Roman Pontiffs our predecessors,
and   held   and   received   as  such  by  their
Extravagants, or ordained by the sacred  councils
received  by the Church of God, or by the decrees
and statutes of the holy Fathers,  and  Apostolic
Canons,   constitutions  and  ordinances  against
heretics and Schismatics, and  ordain  that  they
shall be perpetually observed, and out to be, and
shall be renewed in all their freshness  if  they
have fallen into disuse.


Also  (we decree) that all persons whatsoever who
shall be found or  confess  or  be  convicted  as
guilty  of  having  deviated  from  the  Catholic
faith, or fallen into  any  heresy,  or  to  have
incurred,  executed  or  committed any schism, or
who (which God of  his  mercy  forbid)  shall  in
future  wander  from the faith, fall into heresy,
or incur the guilt of schism, or shall  be  found
or  confess  or  be  convicted to have don so, of
whatever  state,  degree,  order,  condition  and
preeminence  he  may  be,  even  if  he  shall be
distinguished   by   Episcopal,    Archepiscopal,
Patriarchal,  Primatial,  or  any  other  greater
dignities of the Church, or the Cardinalitial  or
Legatine  authority, or by any worldly dignity as
those of Count, baron, Marquis,  Duke,  King,  or
Emperor,  all  and  every  of  these  we will and
decree  shall  incur  the  aforesaid   sentences,
censures   and   pains.   §3   And,  furthermore,
considering that it is meet that those who do not
abstain  from such evils from the love of virtue,
should be deterred  from  them  by  the  fear  of
punishment,   and   that  Bishops,  Arch-bishops,
Cardinals,  Legates,  Counts,  &c.,   Kings   and
Emperors,  who  ought  to  teach  and  be  a good
example to others that they may  be  retained  in
the  Catholic  faith,  sin  more  grievously than
others inasmuch as they not only lose themselves,
but  draw  down  with  them  innumerable  peoples
confided  to  their  care  and  government   into
perdition and the pit of destruction, by the same
advice and assent and  by  this  constitution  of
perpetual  validity,  in  hatred  of  so  great a
crime, than which none  can  be  greater  in  the
Church   of   God  or  more  pernicious,  in  the
plenitude of  our  power,  we  sanction,  decree,
declare,  and define that while all the aforesaid
sentences, censures, &c. shall  remain  in  their
force  and  efficacy, and be carried out in their
result, all and singular Bishops,  &c.  …  Dukes,
Kings  and  Emperors who hitherto shall be found,
confess or be convicted  of  deviating  from  the
faith,  of  falling  into heresy or of incurring,
exciting or committing a schism…  since  in  this
they are the more inexcusable than others,-beyond
the sentences, censures and penalties  aforesaid,
shall  ipso  facto  without any process of law or
proof of  fact,  be  deprived  of  their  orders,
cathedrals,  churches, cardinalitial and legatine
honors… and of their dignities as Counts, Barons,
Marquises,  Dukes, Kings and Emperors, altogether
and absolutely, and shall be in future held to be
disqualified  and  incapable, and shall be deemed
as relapsed and condemned in  everything  and  by
all  means,  even  if  they shall have previously
publicly abjured their heresy-nor shall  they  be
every   restored  to  their  previous  state,  or
redintegrated or rehabilated in their bishoprics,
&c. … Duchies, Kingdoms, and Empires. Nay further
they shall be left to the  will  of  the  secular
power  to  be punished with due severity; unless,
in the case of worthy proofs of a true repentance
being  found  in  them  and  the  fruits thereof,
through the benignity and clemency of  this  See,
it may see fit to relegate them to some monastery
or other place of regular monks, to  carry  on  a
perpetual  penance  in  the  bread  of sorrow and
water of affliction;  and  they  shall  be  held,
treated  and reputed by all of every condition as
relapsed persons, and as such  shall  be  avoided
and deprived of all human consolations.


§4  And all who claim the rights of patronage and
of  nominating   fit   persons   for   cathedral,
metropolitical  and patriarchal churches or other
ecclesiastical benefices vacant by reason of  the
privation  aforesaid (in order that such churches
may  not  be  exposed  to  disadvantage  from   a
prolonged  vacancy  but  may be redeemed from the
slavery of heretics, and granted to  fit  persons
who  may  faithfully lead the people in the paths
of righteousness) shall be bound  to  present  to
such  churches,&c.,  other fit persons within the
period  assigned  by  law  or  by  concordats  or
compacts  entered  into with our said See, either
by ourselves or by the Roman Pontiff at the  time
existing,   in   respect  of  such  presentation;
otherwise, such time having elapsed, the full and
free  disposition  of  the  said  benefices shall
devolve to us or to the  said  Roman  Pontiff  in
full right.


§5  And  further,  those  who  shall  in  any way
knowingly presume to receive, defend,  favor,  or
give  credit to persons thus taken, confessed, or
convicted, or to propagate their doctrines, shall
incur the sentence of excommunication ipso facto,
and shall be accounted infamous, nor  shall  they
be   admitted  by  voice,  or  person,  writings,
representatives, or proctors to public or private
offices   or   councils,   synods,   general   or
provincial  Councils,  nor  to  the  Conclave  of
Cardinals,  nor any congregation of the faithful,
nor to  the  election  of  anyone,  nor  to  give
evidence;  they shall be unable to make a will or
to  inherit  under  a  will,  nor  shall  any  be
compelled  to  respond  to  them in regard to any
matter of business. But if perchance they  should
happen  to  be  judges,  their sentences shall be
null and void, nor shall any causes be brought to
their hearing; if they should be advocates, their
advocacy shall not be admitted; if  writers,  the
documents  drawn  up  by  them  shall  be of none
effect or authority.


And furthermore, the  clergy  shall  be  deprived
ipso   facto   of   all  and  singular  churches,
dignities  and  offices  ecclesiastical,  however
they  may  be  qualified  for  them,  if they are
obtained in any form from such persons; and  both
they and the laity, however qualified and endowed
with any of the said dignities whatever, shall be
deprived   ipso   fact  of  the  kingdoms,
dukedoms, dominions, feuds;  and  temporal  goods
possessed  by them; and their kingdoms, dukedoms,
dominions, feuds, and all their goods  whatsoever
shall  be confiscated, and shall become the right
and property of  those  who  shall  first  occupy
them,  provided  they remain in the sincere faith
and unity of the Holy Roman Church,  and  in  the
obedience  of  ourselves,  and  of  our canonical
appointed successors.


§6 We add moreover that  if  at  any  time  it
shall  appear  that  any Bishop even if he assert
for himself the rank  of  Archbishop,  Patriarch,
Primate,  or  Cardinal  of  the  aforesaid  Roman
Church, or legate, or even Roman  Pontiff  before
his  promotion or assumption into the Cardinalate
or Pontificate,  shall  have  deviated  from  the
Catholic faith or have fallen into any heresy, or
incurred, excited or committed  any  schism,  his
promotion or assumption even made in full concord
and  with  the  unanimous  consent  of  all   the
Cardinals,  shall  be  null, abrogated, and void,
nor shall be called or become valid even  by  the
reception  of  the  grace of consecration nor the
subsequent   possession   of    government    and
administration, nor even by the enthronization or
adoration of the elected person as Roman  Pontiff
or  the  universal  obedience rendered to him for
how long a period soever. Nor shall  he  be  held
legitimate  in any form, nor be deemed capable of
giving or be held to have given any authority  of
administration in things spiritual or temporal to
any  person  promoted  to  bishoprics,  &c.,   or
assumed  to  the  Cardinalate  or  to  the  Roman
Pontificate. But all and everything  said,  done,
acted and administered by persons thus chosen and
all things resulting therefrom shall  be  without
force,  and  no  firmness or legal right shall be
assigned to them; and those who are thus promoted
and   assumed  shall  without  any  authoritative
declaration be deprived of every dignity,  place,
honor,  title,  office and power; §7 and it shall
be lawful for  all  who  are  thus  promoted  and
assumed,  if  they  have  not  deviated  from the
faith,  nor  become   heretics,   nor   incurred,
excited,  nor  committed  a  schism, and to their
dependents, both secular and regular, clergy  and
laity,  and  even to the Cardinals, who have been
present at the election of such Pontiff  who  has
previously  deviated  from  the  faith  or become
heretical  or  schismatical,  or  have  otherwise
consented to his election and given him obedience
and adoration, and are  bound  to  such  promoted
persons  by  homage or oath or caution… to recede
with immunity from the obedience and devotion  to
those thus promoted or assumed, and to avoid them
as ethnics, publicans and  heresiarchs-those  who
are   released   from  such  obedience  remaining
nevertheless bound to give fidelity and obedience
to  the  future Bishops, Archbishops, Patriarchs,
Primates, and Cardinals, and to the Roman Pontiff
canonically elected.


And  for  the  greater  confusion  of  those thus
(unlawfully) promoted and  assumed,  should  they
wish    to    continue   their   government   and
administration, it shall be lawful to invoke  the
secular  arm against them, and those who withdraw
from   their   obedience   by   reason   of   the
circumstances  already  described,  shall  not be
liable to any punishment by censure or otherwise,
as  rending  the  seamless robe of Christ. §8 And
this  notwithstanding   all   constitutions   and
ordinances  Apostolic,  privileges,  indults  and
letters Apostolic… even given  motu  proprio,  ex
certa scientia, and in the plenitude of Apostolic
power; or granted consistorially or in any  other
form whatever; though they may have been approved
and renewed many times over, and incorporated  in
the  body  of  the  law. Notwithstanding also any
capitulars of the conclave  however  ratified  by
oath  or  Apostolic confirmation, and sworn to by
ourselves. All the above constitutions  by  these
presents,  (assuming  the  contents  to  be  here
expressed and inserted word for word)  we  ratify
in  all  points, except only in this instance, in
which we expressly and  specially  derogate  from
them,  and  in  all things whatever which are not
contrary to this exception.


§9 And that this letter may become known  to  all
whom  it  concerns, we will that it, or a copy of
it subscribed by the hand of a notary public, and
sealed by some dignitary of the Church, (to which
copy we will that full credit  shall  be  given,)
shall  be  published  and affixed on the doors of
the Basilica of the Prince of the Apostles in the
City,  and  of the Apostolic Chancery, and at the
entrance of the Campo di Fiora, by  some  of  our
Cursors,  and that the affixing such copy and the
proof of it being so affixed, shall  suffice  and
be  held  as  a solemn and legal publication, and
that none other shall be required or expected.


§10 Let it therefore  be  legal  for  no  one  to
infringe  or rashly to attempt to contravene this
instrument  of   our   approbation,   innovation,
sanction,  statute,  derogation, will and decree.
If however anyone  shall  presume  to  make  such
attempt,  let  him  know  that  he will incur the
indignation of Almighty God, and of  the  blessed
Apostles Peter and Paul.


Given at Rome, at St. Peter's, in the year of our
Lord's incarnation, 1558,  on  the  15th  of  the
Kalends  of  March (February 14th), in the fourth
year of our Pontificate.


(Signed) BARENGUS