Second Councils of Lyons
Canon 2:
Where a greater danger exists, there without doubt a fuller deliberation is necessary. How grave are the losses resulting from a prolonged vacancy, and how full of dangers it is to the Roman Church, is shown by prudent consideration of the past. Hence, a manifest reason urges us that, while we are engaged in the reformation of minor matters, we do not leave without remedy for suitable reform those things that are more dangerous. Wherefore, all things that have been wisely enacted by our predecessors and especially by Alexander III(III Lateran Canon 1) of happy memory, for putting an end to discord in the election of the Roman pontiff, remain absolutely unchanged, for from these we intend to eliminate nothing, but merely to supply in the present constitution what experience has proved to be wanting. With the approval of the holy council, therefore, we decree that when the pope dies in the city in which he resided with his curia, the cardinals who are present in that city must wait only ten days for their absent colleagues. On the expiration of that time, whether those absent have arrived or not, they shall assemble in the palace in which the pope lived. Each one may have only a single servant, either a cleric or layman, as he may choose. Those, however, in regard to whom an evident necessity suggests an indulgence in this matter, we permit to have two, who also maybe chosen by themselves. In this palace all must assemble in one room, without partition or tapestry, and live in common. This room, except for free access to a private chamber, must be locked on all sides, so that no one may go in or out. To no one shall admittance to the cardinals be granted, nor shall anyone be given opportunity to speak with them secretly. Visitors may not be admitted except those who with the consent of all the cardinals present may be called only for reasons connected with matters of the election. And no one shall be allowed to send a message, either verbal or written, to the cardinals or to any one of them. Whoever acts contrary to this by sending a message, either verbal or written, to the cardinals or to any one of them, incurs ipso facto the sentence of excommunication. In this aforesaid room, whosever, a suitable window must be left open through which the necessary food may be conveniently served to the cardinals, but which must be so arranged that no one can enter thereby. But if, God forbid, within three days from the time they enter the aforesaid room, the cardinals have not provided the Church with a pastor, they must for the period of vie days immediately following, on each day, be content at their noon and evening meals with only one dish. If at the end of that time they have not provided a pastor, then they shall be served only bread, wine, and water till they have done so. During the time of the election the cardinals may receive nothing from the papal treasury, nor from any other revenue accruing to the Church from whatsoever source during the time of the vacancy; but during the vacancy everything must remain under the guardianship of him to whose care the treasury has been entrusted, to be preserved by him for the disposition of the future pontiff. Those, however, who have received something shall be bound from them on to abstain from accepting any revenues belong to them, till they have made full satisfaction of the amounts thus received. That the cardinals may be free to hasten the election, they may not occupy themselves with any other business unless perchance an urgent necessity should arise imperiling the Church or its possessions, which all the cardinals recognize as demanding their attention. If any one of the aforesaid cardinals should not have entered the conclave, as stated above, or having entered, should leave the enclosure for any reason other than sickness, he is not to be admitted or readmitted, and the election is to proceed without him. But, if overcome by sickness it happens that one of them should leave the enclosure, his vote not being required, the election may proceed even during his illness. But if after recovery, or even before, he should wish to return and the election is not yet over, he may again be admitted to the conclave and take up the business where he finds it, observing the enclosure and partaking of the same food and drink as ht rest. The same applies to those absent cardinals who arrive before the election is over, though after the expiration of the ten days.
But should it happen that the pope dies outside the city in which he resided with his curia, the cardinals are bound to assemble in the city in whose territory or district the pontiff died, unless perchance that city be under interdict or in open rebellion against the Roman Church, in which case they shall assemble in a neighboring city free from interdict and open rebellion. In this city also, the election being held in the Episcopal residence or in some other house placed at the disposal of the cardinals, the same things are to be observed relative to the awaiting of the absent cardinals, to the common life, the enclosure, etc., which have been stated above in connection with the case when the pope dies in the city in which he resided with his curia.
Moreover, since it is of little advantage to make laws unless there be one to enforce them, we decree by adding that the rulers and officials of the city in which the election of the Roman Pontiff is held, by our authority, with the approval of this council, and by the authority committed to them, see to it that each and all of the aforesaid prescriptions be fully and inviolably observed without fraud and deceit; nor shall they presume to impose upon the cardinals greater restrictions than are prescribed. That these things may be so observed, as soon as the death of the pope becomes known, let them (the rulers) take an oath in the presence of the clergy and the people of that city, called together especially for that purpose. If perchance, however, they commit fraud in the aforesaid matters of in matters connected with them, or do not diligently observe them, whatever may be their rank, condition or position, omni cessante privilegio, they incur ipso eo the sentence of excommunication and are branded forever as infamous; all dignities shall be forever denied them, nor shall they be admitted to any public office. We decree, moreover, that they be ipso facto deprived of al fiefs, properties, and everything else that they have received from the Roman Church or any other churches, so that these revert to the respective churches in their entirety, to be disposed of without opposition in a manner judged best by the administrators of those churches. The aforesaid city, moreover, is to be placed under interdict and deprived of pontifical dignity. But because, when inordinate passion warps the judgment or when some pledge leaves open only one course of action, the election comes to an end for the reason that liberty of choice is destroyed, we, beseeching the cardinals through the bowels of the mercy of God, through the shedding of His precious Blood, solemnly protest that, pondering attentively their immediate duty, since it is a question of the creation of a vicar of Jesus Christ, or a successor of St. Peter, or a ruler of the Universal Church, of a leader of the flock of the Lord, every disorder of private feeling being laid aside, and every pact, agreement, or obligation being severed, they do not consider their own interests of those of their friends, do not seek the things that are their own or strive after private advantage, but with no one but God influencing their judgment, with minds unhampered and with a clear knowledge of their duty, let them, as far as is possible, by every effort and solicitude attend freely to the common good; keeping before their minds this only, that they speedily give to the Church a suitable head. Those, however, who act otherwise shall be subject to divine punishment, and their offense, unless they do severe penance on its account, is in no wise to be remitted. Moreover, we castigate and declare null and void all pacts, agreements, and obligations, whether they are bound by oath or any other vinculum firmitatis, so that no one is obliged to observe them in any way whatsoever, nor shall anyone fear from this transgression to have broken his word; on the contrary, to such a one is rather due great honor, since even the secular law testifies that transgressions of this kind are more acceptable to God than the observance of the oath.
But because the faithful should not so much put trust in a search for a pope as hope in the moving force of humble and devout prayer, we add to this decree that in all cities and in other prominent places, when word is first received of the certainty of the pontiff’s death, the solemn obsequies having been celebrated for him by the clergy and laity, every day till it is known for certain that a head of the Church has been elected, prayers be offered to God, beseeching Him that He who brings about harmony in His realms, may so move the hearts of the cardinals toward an agreement in the election that a speedy, harmonious and suitable choice, that will promote the salvation of souls and answer the needs of the whole world, will result from their unanimity. And that this salutary decree may not be neglected under cover of ignorance, we strictly command that patriarchs, archbishops, bishops, and other prelates of churches, and others to whom has been entrusted the duty of preaching the word of God, in their sermons diligently exhort the clergy and laity, especially and frequently called together for this purpose, to resort often to prayer for a speedy and happy termination of so great a matter; and by the same authority we command them to exhort not only to frequent prayer but also to the observance of the fasts so far as circumstances permit.
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