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by
JOHN PAUL II
APOSTOLIC LETTER MOTU PROPRIO
BY WHICH CERTAIN NORMS ARE INSERTED INTO THE CODE OF
CANON LAW AND INTO THE CODE OF CANONS OF THE EASTERN CHURCHES
TO PROTECT THE FAITH of the Catholic Church against errors arising from
certain members of the Christian faithful, especially from among those
dedicated to the various disciplines of sacred theology, we, whose principal
duty is to confirm the brethren in the faith (Lk 22: 32), consider it
absolutely necessary to add to the existing texts of the Code of Canon Law and
the Code of Canons of the Eastern Churches new norms which expressly impose the
obligation of upholding truths proposed in a definitive way by the Magisterium
of the Church, and which also establish related canonical sanctions.
1. From the first centuries to the present day, the Church has professed
the truths of her faith in Christ and the mystery of his redemption. These
truths were subsequently gathered into the Symbols of the faith, today known
and proclaimed in common by the faithful in the solemn and festive celebration
of Mass as the Apostles' Creed or the Nicene- Constantinopolitan Creed.
This same Nicene-Constantinopolitan Creed is contained in the Profession
of Faith(1) developed by the Congregation for the Doctrine of the Faith, which
must be made by specific members of the faithful when they receive an office
that is directly or indirectly related to deeper investigation into the truths
of faith and morals, or is united to a particular power in the governance of
the Church.(2)
2. The Profession of Faith, which appropriately begins with the Nicene-
Constantinopolitan Creed, contains three propositions or paragraphs intended to
describe the truths of the Catholic faith, which the Church, in the course of
time and under the guidance of the Holy Spirit "who will teach the whole truth"
(Jn 16: 13), has ever more deeply explored and will continue to explore.(3)
The first paragraph states: "With firm faith, I also believe everything
contained in the Word of God, whether written or handed down in Tradition,
which the Church either by a solemn judgement or by the ordinary and universal
Magisterium sets forth to be believed as divinely revealed".(4) This paragraph
appropriately confirms and is provided for in the Church's legislation in canon
750 of the Code of Canon Law(5) and canon 598 of the Code of Canons of the
Eastern Churches.(6)
The third paragraph states: "Moreover I adhere with submission of will
and intellect to the teachings which either the Roman Pontiff or the College of
Bishops enunciate when they exercise their authentic Magisterium, even if they
do not intend to proclaim these teachings by a definitive act".(7) This
paragraph has its corresponding legislative expression in canon 752 of the Code
of Canon Law(8) and canon 599 of the Code of Canons of the Eastern Churches.(9)
3. The second paragraph, however, which states: "I also firmly accept
and hold each and everything definitively proposed by the Church regarding
teaching on faith and morals", has no corresponding canon in the Codes of the
Catholic Church.(10) This second paragraph of the Profession of Faith is of
utmost importance since it refers to truths that are necessarily connected to
divine revelation. These truths, in the investigation of Catholic doctrine,
illustrate the Divine Spirit's particular inspiration for the Church's deeper
understanding of a truth concerning faith and morals, with which they are
connected either for historical reasons or by a logical relationship.
4. Moved therefore by this need, and after careful deliberation, we have
decided to overcome this lacuna in the universal law in the following way:
A) Canon 750 of the Code of Canon Law will now consist of two
paragraphs; the first will present the text of the existing canon; the second
will contain a new text. Thus, canon 750, in its complete form, will read:
Canon 750 1. Those things are to be believed by divine and catholic
faith which are contained in the word of God as it has been written or handed
down by tradition, that is, in the single deposit of faith entrusted to the
Church, and which are at the same time proposed as divinely revealed either by
the solemn Magisterium of the Church, or by its ordinary and universal
Magisterium, which in fact is manifested by the common adherence of Christ's
faithful under the guidance of the sacred Magisterium. All are therefore bound
to avoid any contrary doctrines.
2. Furthermore, each and everything set forth definitively by the
Magisterium of the Church regarding teaching on faith and morals must be firmly
accepted and held; namely those things required for the holy keeping and
faithful exposition of the deposit of faith; therefore, anyone who rejects
propositions which are to be held definitively sets himself against the
teaching of the Catholic Church.
Canon 1371, n. 1 of the Code of Canon Law, consequently, will receive an
appropriate reference to canon 750, 2, so that it will now read:
Canon 1371 The following are to be punished with a just penalty:
1 a person who, apart from the case mentioned in canon 1364, 1, teaches
a doctrine condemned by the Roman Pontiff, or by an Ecumenical Council, or
obstinately rejects the teachings mentioned in canon 750, 2 or in canon 752
and, when warned by the Apostolic See or by the Ordinary, does not retract;
2 a person who in any other way does not obey the lawful command or
prohibition of the Apostolic See or the Ordinary or Superior and, after being
warned, persists in disobedience.
B) Canon 598 of the Code of Canons of the Eastern Churches will now have
two paragraphs: the first will present the text of the existing canon and the
second will contain a new text. Thus canon 598, in its complete form, will read
as follows:
Canon 598 1. Those things are to be believed by divine and catholic
faith which are contained in the word of God as it has been written or handed
down by tradition, that is, in the single deposit of faith entrusted to the
Church, and which are at the same time proposed as divinely revealed either by
the solemn Magisterium of the Church, or by its ordinary and universal
Magisterium, which in fact is manifested by the common adherence of Christ's
faithful under the guidance of the sacred Magisterium. All Christian faithful
are therefore bound to avoid any contrary doctrines.
2. Furthermore, each and everything set forth definitively by the
Magisterium of the Church regarding teaching on faith and morals must be firmly
accepted and held; namely, those things required for the holy keeping and
faithful exposition of the deposit of faith; therefore, anyone who rejects
propositions which are to be held definitively sets himself against the
teaching of the Catholic Church.
Canon 1436, 2 of the Code of Canons of the Eastern Churches,
consequently, will receive an appropriate reference to canon 598, 2, so that it
will now read:
Canon 1436 1. Whoever denies a truth which must be believed with divine
and catholic faith, or who calls into doubt, or who totally repudiates the
Christian faith, and does not retract after having been legitimately warned, is
to be punished as a heretic or an apostate with a major excommunication; a
cleric moreover can be punished with other penalties, not excluding deposition.
2. In addition to these cases, whoever obstinately rejects a teaching
that the Roman Pontiff or the College of Bishops, exercising the authentic
Magisterium, have set forth to be held definitively, or who affirms what they
have condemned as erroneous, and does not retract after having been
legitimately warned, is to be punished with an appropriate penalty.
5. We order that everything decreed by us in this Apostolic Letter,
given motu proprio, be established and ratified, and we prescribe that the
insertions listed above be introduced into the universal legislation of the
Catholic Church, that is, into the Code of Canon Law and into the Code of
Canons of the Eastern Churches, all things to the contrary notwithstanding.
Given in Rome, at St Peter's, on 28 May, in the year 1998, the twentieth
of our Pontificate.
IOANNES PAULUS PP. II
See also the following documents:
- Commentary on Ad Tuendam Fidem by
Cardinal Ratzinger
- Letter to Prof. L. Orsy by
Cardinal Ratzinger
- Reply by Prof. L. Orsy
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NOTES
1. Congregation for the Doctrine of the Faith, Profession of Faith
and Oath of Fidelity (9 January 1989): AAS 81 (1989), 105.
2. Cf. Code of Canon Law, canon 833.
3. Cf. Code of Canon Law, canon 747, 1; Code of Canons of the
Eastern Churches, canon 595, 1.
4. Cf. Second Vatican Ecumenical Council, Dogmatic Constitution
on the Church Lumen gentium, n. 25; Dogmatic Constitution on Divine Revelation
Dei Verbum, n. 5; Congregation for the Doctrine of the Faith, Instruction on
the Ecclesial Vocation of the Theologian Donum veritatis (24 May 1990), n. 15:
AAS 82 (1990), 1556.
5. Code of Canon Law, canon 750 Those things are to be believed
by divine and catholic faith which are contained in the word of God as it has
been written or handed down by tradition, that is, in the single deposit of
faith entrusted to the Church, and which are at the same time proposed as
divinely revealed either by the solemn Magisterium of the Church, or by its
ordinary and universal Magisterium, which in fact is manifested by the common
adherence of Christ's faithful under the guidance of the sacred Magisterium.
All are therefore bound to avoid any contrary doctrines.
6. Code of Canons of the Eastern Churches, canon 598 Those things are to
be believed by divine and catholic faith which are contained in the word of God
as it has been written or handed down by tradition, that is, in the single
deposit of faith entrusted to the Church, and which are at the same time
proposed as divinely revealed either by the solemn Magisterium of the Church,
or by its ordinary and universal Magisterium, which in fact is manifested by
the common adherence of Christ's faithful under the guidance of the sacred
Magisterium. All Christian faithful are therefore bound to avoid any contrary
doctrines.
7. Cf. Congregation for the Doctrine of the Faith, Instruction on the
Ecclesial Vocation of the Theologian Donum Veritatis (24 May 1990), n.
17: AAS 82 (1990), 1557.
8. Code of Canon Law, canon 752: While the assent of faith is not
required, a religious submission of intellect and will is to be given to any
doctrine which either the Supreme Pontiff or the College of Bishops, exercising
their authentic Magisterium, declare upon a matter of faith and morals, even
though they do not intend to proclaim that doctrine by definitive act. Christ's
faithful are therefore to ensure that they avoid whatever does not accord with
that doctrine.
9. Code of Canons of the Eastern Churches, canon 599 While the
assent of faith is not required, a religious submission of intellect and will
is to be given to any doctrine which either the Supreme Pontiff or the College
of Bishops, exercising their authentic Magisterium, declare upon a matter of
faith and morals, even though they do not intend to proclaim that doctrine by
definitive act. Christ's faithful are therefore to ensure that they avoid
whatever does not accord with that doctrine.
10. Cf. Congregation for the Doctrine of the Faith, Instruction on the
Ecclesial Vocation of the Theologian Donum Veritatis (24 May 1990), n.
16: AAS 82 (1990), 1557.
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