New Constitution on Papal Elections
Some thirty-five pages of the Acta Apostolicae Sedis, comprising the whole of the third number for 1946, are devoted to the new Constitution on Papal Elections, Vacantis Apostolicae Sedis, issued December 8, 1945, repealing the Constitution of Piux X of December 25, 1904, Vacante Sede Apostolica, the first of the Documenta inserted at the end of The Code of Canon Law.
The new Constitution is structurally built on the previous one as the same two Titles are found in both, as well as the same five Chapters in the first Title and the same seven Chapters in the second Title.
The first Title is "De Sede Apostolica Vacante"; the second, "De Electione Romani Pontificis". The Chapters under the first Title are "De potestate S. Collegii Cardinalium, Sede Apostolica vacante"; "De Cardinalium Congregationibus"; "De nonnullis peculiaribus officiis, Sede Apostolica vacante"; "De Sacris Romanis Congregationibus et Tribunalibus eorumque facultatibus Sede Apostolica vacante"; "De exsequiis Romani Pontificis ". The Chapters under the second Title are "De electoribus Romani Pontificis"; "De Conclavistis ac de aliis in Conclavi partem habentibus"; "De ingressu in Conclave"; "De clausura Conclavis, ac de secreto servando in iis omnibus quae in Conclavi aguntur"; "De forma electionis"; "De iis, quae servanda vel vitanda sunt in electione Romani Pontificis"; "De acceptatione et proclamatione electionis nec non de consecratione et coronatione novi Pontificis."
It is in Chapter V of the second Title, "De forma electionis", that the most noteworthy innovation in the new Constitution occurs. The election of the Pontiff per scrutinium is regulated by rules contained in §§68-89, corresponding to §§57-77 of the previous Constitution. In §68 the present Constitution inserts the new requirement that for the election of the Supreme Pontiff one vote more than two-thirds of those of the Cardinals voting is required. This fundamental change is accompanied by other modifications. In §70 the pre-balloting acts are listed as four instead of five (as in §59 of the previous Constitution) ; §72 takes the place of §61 of the previous Constitution as to the form of the ballot, requiring that it be wider than long and that on the face of it there be printed, or handwritten by one and the same person, the words: " Eligo in Summum Pontificem Reverendissimum Dominum meum D. Cardinalem . . ."; §74 requires the departure from the chapel of all except the Cardinals before the Cardinals commence writing the names of the candidates on their ballots; §75 then indicates that the form just noted be filled out with the name of a Cardinal written with a style somewhat different from the voting Cardinal's ordinary style; §76 provides for the folding of the ballot in the middle, in such a way that folded it should have approximately the width of a thumb. §75 thus provides for a much simpler method of filling in the face of the ballot. Under §63 of the previous Constitution, besides the name of the candidate voted for, the voting Cardinal was required to fill in his own name above that of his candidate and under the latter a number with a verse of Scripture or some other motto. This procedure was important under the previous Constitution which in §75 (corresponding to §86 of the present Constitution) required that if the elected Pontiff obtained exactly two-thirds of the votes, his own ballot should be opened to ascertain whether he had voted for himself, in which case his election would be invalid. His ballot could be identified by his seal on the outside of the ballot and by his name and motto written inside. This provision is not incorporated in the present Constitution. The additional vote in excess of two-thirds makes ample provision for the contingency that a Cardinal would cast an invalid vote in voting for himself. In spite of that action, he would have the two-thirds of the votes of the voting Cardinals required for the validity of his election.
Another new provision is that which forbids the use of apparatus, for transmitting or photographing the proceedings. The introduction of this sort of apparatus is forbidden in a new paragraph, §64. Another new section, §87 commands that the Cardinals surrender for burning with the ballots all memoranda they have made with regard to the outcome of the respective ballotings. The holding of the Conclave outside Rome, if circumstances require it, is provided for in a new paragraph also, §8.
Other new paragraphs provide as follows: §23, the civil government of Vatican City pertains to the Sacred College during the vacancy of the Holy See, but laws can be enacted only in an urgent case and need ratification by the new Pontiff to be effective after his election; §30, authentic documents of the burial of the deceased Pope are to be drawn up (the method is indicated in detail); §31, the Sacred College is to provide for the bringing of the body of the deceased Pope to the Vatican Basilica of St. Peter, should the Pope die outside Rome; §42 reproduces rules for the garb of the Cardinals during the vacancy of the Holy See, citing in a footnote the norms of January 6, 1943, of the Sacred Congregation of Ccremonies; §91 provides that the formalities laid down for the election of the Supreme Pontiff are effective even in the case in which the vacancy of the Holy See is owing to the resignation of the Pope; §102 provides for an authentic document attesting the acceptance of the election and the name assumed by the elected Pontiff; §103 adds to §89 of the previous Constitution provisions for the twofold "adoratio" of the Cardinals and the Blessing Urbi et Orbi;
§104 refers to the Roman Ceremonial for the norms to be followed in the case in which the elected Pontiff resides outside the Conclave;
§105 provides for the opening of the premises of the Conclave, the drawing up of an authentic document referring to this fact, and the admission of those who customarily are allowed to offer their homage to the newly elected Pontiff; and §106 provides for the third "adoratio" at a time fixed by the newly elected Pontiff.
There are 108 numbered paragraphs in the new Constitution, while there were 91 in the previous one. In reality there are nineteen new paragraphs, but two of the previous Constitution have been omitted: §§32 and 65, the former excluding from voting a Cardinal who was not "saltem in Diaconatus ordine" (That is in deacon’s orders, so any Cardinal may now vote.) and the latter providing for the sealing of the ballots with wax and an extraordinary seal of the respective Cardinals.
Cross references to the Code are found in the footnotes, references obviously new in view of the fact that the Code was promulgated later than the former Constitution. Such references are those to canon 219 in §101 in regard to the moment at which the elected Pontiff obtains jurisdiction; to canon 229 in §33 in regard to the suspension of a General Council on the death of a Pope; to canon 233, §1, in §35 in regard to the moment at which a Cardinal is given the right of electing the Supreme Pontiff; to canon 239, §2, in §107 in regard to the ordination or the consecration of an elected Pontiff who needs either one; and to canon 239, §3, in regard to the announcement of the name of the elected Pontiff to the people.
Cross references are found also to documents of Pius XI. The Motu proprio Cum proxime (March 1, 1922)4 is cited in §12, d) in regard to the determination by the Cardinals of those days which shall be held to be the first six of the nine days for the funeral exequies of the deceased Pope; in §37 in regard to the extension of the time during which the arrival of Cardinals is to be awaited from ten (as in the previous Constitution) to fifteen days, with the faculty granted the Sacred College to extend even that period for two or three days, the whole period not to exceed eighteen days in any event; in §43 permitting a Cardinal to bring one or two servants into the Conclave with him, one a layman; and in §65 in regard to the privilege of the Cardinals of celebrating Mass instead of merely receiving Holy Communion.
A formula for the oath of the Custodian of the Conclave is appended as a footnote to §52. Modifications have been made in the formulae of the oaths of the Cardinals and the Conclavists: the latter are required to swear, as have been the Cardinals, that they will in no way cooperate with the exercise of the Veto; moreover they are required also to aver that they will not use apparatus for transmitting the oral deliberations of the Conclave or for photographing the proceedings.
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