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Now, since cuм Ex Apostolatus was only concerned with “the practical execution of previous penal laws, which by their nature are disciplinary,” as Cardinal Hergenrother explained, its penalties could be, and indeed were, abrogated when the 1917 Code of Canon law came into force. Canon 5.2 explains:
That which pertains to penalties, of which there is no mention made in this Code, be they spiritual or temporal, remedial or, as they call it, punitive, automatic or declared through a judgment, they are to be held as abrogated.
None of the prescriptions contained incuм Ex Apostolatus Officio were included in the 1917 Code, and consequently they were all officially and authoritatively abrogated.
The Sedevacantist bishop, Donald Sanborn, also acknowledges the papal Bull is no longer in force. Wrote Sanborn:
cuм ex apostolatus is an apostolic constitution, a law, made by Pope Paul IV, which says that if a pope should be a heretic, his elevation to this dignity would be null. It was made in order to ensure that no Protestant could ever become the Pope. It does not apply to the present case for two reasons. The first is that it is no longer the law. It was derogated (made obsolete) by the 1917 Code of Canon Law.”
Topic: Does 1917 canon law abolish Papal Bull Pope Paul 4 (Read 11318 times)