Papal Elections Brought Down to Date
BY JOSEPH P. DONOVAN, C.M., J.C.D.
On the eighth of last December the present Pope so gloriously reigning made for himself a new title to immortality. By his Constitution Vacantis Apostolicae Sedis he codified the entire legislation pertaining to the Vacancy of the Apostolic See and to the Election of the Roman Pontiff. As the Holy Father mentions in the Preamble of his Constitution, this had been done some forty years before by Pope Pius X in his Constitution Vacante Sede Apostolica. But Pope Pius XII points out that his immediate predecessor had since made some changes in that Constitution of Pius X, and that he himself thinks some other changes should be introduced in view of the same change of times. So, the present Constitution was drafted to cover the entire law on Papal Elections and the Vacancy of the Apostolic See. Our own beloved Pontiff now ranks with Pope Gregory X, Pius IV, Gregory XV and Pius X as a codifier of the law on Papal Elections.
The feature of the new Constitution that must strike the reader as astounding is that the present mode of election goes back in all its substantial provisions to the time of Pope Gregory X, nearly seven hundred years ago. There is, indeed, reason to believe that Pope Innocent II in 1139 made the Cardinals of the Holy Roman Church the sole electors of the Pope. And it is certain that Pope Alexander III in 1179 required that there be a two-thirds vote of the Cardinals for valid election. Furthermore, it is interesting to note that since 1276 the law of Conclave has been binding—always for lawfulness and in very many respects for validity. The very notion of the Conclave was introduced de facto in the election of Pope Gregory X himself by the impatient citizens of Viterbo, who, becoming aggrieved at the long vacancy of the Holy See, put the Cardinals in a palace, forced them to live in a great hall without partitions or hangings, and excluded them from converse with the external world until they had elected a new Pope. In making the Conclave mandatory, Pope Gregory followed pretty much the same procedure, and ordered that, if an election were not had within three days, the Cardinals would thereafter be served only one dish at the noon and the evening meals for the next five days. If no election had taken place then, the Cardinals were thereafter to fare on bread, wine and water until they elected a Pope. The expedient worked well in the next few elections: the first Pope after Gregory X was elected in one day, and the second Pope within seven days.
Subsequently John XXI suspended the law of Conclave, and once again began the protracted papal elections. During eighteen years there were seven vacancies extending from six to nine months. Celestine V, who restored the law of Conclave, had witnessed before his own election a vacancy of two years and nine months. So, it is no wonder that Boniface VIII, that Prince of Canonists, confirmed the act of his predecessor and ordered that the Constitution Ubi Periculum of Pope Gregory X be written into the Sextus (c. 3 in VI°, I, 6).
Down the ages there have been very few derogations from the law of Conclave. One change was made by Gregory XI in 1378 but not acted upon; later, other modifications were permitted by Popes Julius II, Paul III, Pius IV, Pius VI, as well as by Pope Pius IX and Pope Leo XIII in the nineteenth century. Pope Pius X in his Constitution did away with the invalidity of non-Conclave elections; and so does the present Constitution, although in both instances the law of Conclave is strictly enforced, with its violations for the most part punished by excommunication reserved to the incoming Pope except in the hour of death. Gregory XV seems to be the author of the characteristic ceremonies still prevailing for the most part in the Conclave, and found in the Ceremonial which he published as an appendix of his codification of the Laws on Papal Election.
A Magnificent Piece of Legislation
The new Constitution is a fitting symbol of the Church herself, which has been so eloquently described as always new as well as always old. The very form of the Constitution itself is classical. It omits no detail of what is to be done during the vacancy of the Holy See, and what is to be done in Conclave. This entire matter is compressed into thirty-one pages and part of a thirty-second page. It visualizes every possible contingency, and provides for it; it takes away every pretext for contesting a Papal election on the ground that it was procured by simony or that the Conclave was broken; it makes sure that the required two-thirds vote does not include the ballot of the Pope-elect by demanding as a safeguard a two-thirds majority plus one. For ages voting for oneself has been made invalid by the Church. Heretofore each ballot had to be marked by a secret sign so that the ballot of the elected Pope could be identified in case the vote was a bare two-thirds. This Constitution ratifies the abolition of the method of accession, that is, on subsequent ballots going to any one Cardinal that had received as much as one vote on the first ballot; for the Constitution of Pius X omits this method as a valid form of election. So, the new Constitution, as that of Pius X, sets forth only three forms of valid election, namely: (1) by balloting; (2) by choosing a set number of electors by unanimous consent—these being three, five, or seven, and no other number, and being given by the Sacred College a detailed form of procedure; (3) the third and last by acclamation, and this must include the Eligo (I elect) of every Cardinal in the Conclave, including those who may be confined to their rooms by illness. But to appraise the greatness of this Constitution, we must go into particulars.
General Divisions
The new Constitution has two main divisions; the first deals with the Vacancy of the Apostolic See and the second with the Election of the Pontiff. Title I is divided into five chapters, comprising thirty-one canons. Title II is divided into seven chapters, comprising seventy-seven canons. Individual chapters of each Title are of supreme importance. Take the first chapter of Title I, on the Power of the Sacred College during the Vacancy of the Apostolic See. This chapter opens with the declaration that matters pertaining to the Holy Father while he lives are in no way under the power or jurisdiction of the Sacred College. It cannot grant favors, it cannot administer justice, nor carry into execution anything already decided by the deceased Pontiff. All these things are reserved for the new Pontiff, and anything that the College should undertake to do which pertains to the Roman Pontiff when he is living has no force or value if done during the vacancy unless there is question of what the present Constitution expressly permits. Neither can the Sacred College dispose of any of the rights of the Apostolic and Roman See in any manner whatsoever. In regard to those rights it can do only one thing—guard them and defend them. Further, laws passed by the Roman Pontiffs pertaining to the Vacancy of the Holy See can in no way be corrected or changed by the Cardinals; nothing can be taken from them or added to them, nor can they be dispensed from in any way. This applies most especially to the present Pontifical Constitution providing for the election of the Roman Pontiff. If anything be attempted against these prescriptions, the reigning Pontiff Pius XII declares by his supreme authority that attempt null and void. But the Constitution does permit the Cardinals to interpret the prescriptions of the Constitution wherever doubt arises, or where there is a question of a plan of carrying it into execution; but the Sacred College of Cardinals alone has this power of interpretation, and when there is question of this interpretation a majority of the assembled Cardinals can make the decision. Also when an emergency arises, the Cardinals are authorized to take by a majority vote whatever measures may be necessary to cope with that emergency.
Another chapter provides for the twofold Committees of the Cardinals. One is called the Committee of the Whole and is made up of the entire College; the other is the Particular Committee made up of the ranking Cardinal in each order together with the Camerarius of the Holy Roman Church. This latter Committee expires automatically on the third day after the Cardinals have entered the Conclave; it is succeeded by a Committee of three other Cardinals next in rank in each order, whose membership changes every three days. This Committee looks after minor questions that are constantly arising; as soon as any question takes on importance, it is referred to the General Committee. Any petition that is denied in a particular meeting cannot be changed afterwards by that particular Committee, but only by the General Committee and that by plurality vote. In all matters of importance the vote must be by secret ballot, not viva voce. The most important general meetings are held before the entrance into Conclave, and are called preparatory meetings; they are to take place between the day after the death of the Pontiff and the day of entering into Conclave, in order that the Cardinal Camerarius can consult with the Sacred College, communicate to one and all of the Cardinals his views on occurring events, ask for advice in doubts, and propose what he thinks opportune. These general congregations are to expedite the following affairs, after the order of procedure has been agreed upon with the Cardinals : (a) the Constitution is to be read in its entirety, and after its reading the prescribed oath is to be taken by all the Cardinals present, and the same oath is to be taken afterwards by latecomers; (b) the Cardinals are to determine and carry into execution the things that are needed for the opening of Conclave; (c) the day, hour and manner are to be determined for transferring the body of the deceased Pontiff to the Basilica of St. Peter, there to be honored in the usual way by the public veneration of the faithful; (d) the Cardinals are to make all preparations for the obsequies of the Pontiff extending during the nine days, and to determine the days that are to be considered the first six; (e) they are to appoint two ecclesiastics to recite prayers for the deceased Pontiff and for the election of the new Pontiff; (f) the day is to be fixed for the Legates of the civil powers and the Knights of Jerusalem to meet the Sacred College. These are to be met in a group and not singly; (g) committees of two or three Cardinals are to be appointed to examine the credentials of the Conclavists, to designate their tasks and their order of service, and to supervise the setting up of an inclosure for the Conclave and the giving out of the suites; (h) to decide on the expenditure needed and to approve it; (i) to transmit the letters of Rulers and other civil governors and the representations of the Nuncios and anything else of interest to the Sacred College; (k) to read through any document that may have been left by the deceased Pontiff for the Sacred College of Cardinals; (1) to break the Fisherman's Ring and the leaden seal of the Apostolic Chancellery; (m) to distribute by lot the suites of rooms of the Conclave to the Cardinals, unless age and infirmity dictate a special choice; (n) to fix a day and hour for entering the Conclave.
The Church Goes On, Yet Stops
So, we have the Cardinal Camerarius and the Major Penitentiary continuing their work during the vacancy of the Holy See. If either dies during the interim, a substitute is elected within three days by the College of Cardinals by secret ballot, including the votes of those who may be sick and not at the meeting. This, as other elections, is by majority vote. In case of a tie, seniority in office decides. The Cardinal Camerarius takes full charge of the temporal administration of the Holy See assisted by the series of three ranking Cardinals, with all important affairs referred to the Sacred College for its approbation. This Cardinal Camerarius, as soon as he is notified by the Prefect of the Private Chamber of the Pontiff's death, goes to the Apostolic Palace in the Vatican, and takes possession of it in person or by delegate; he also takes possession of the Lateran Palace and Castel Gandolfo, and remains in charge. It is a part of this Cardinal's duty to pass officially on the death of the Pontiff in the presence of the clerical prelates of the Sacred Camera Apostolic, with the Secretary-Chancellor who must draw up an authentic act of the Pontiff's death. The same Cardinal arranges for the care of the late Pontiff's body, unless he himself had determined on this, and seals the private apartments of the Pontiff. He communicates the notice of the Pontiff's death to the Cardinal Vicar, and in the name and with the consent of the Sacred College he looks after everything pertaining to the preservation of the rights of the Apostolic See and the faithful administration of its temporalities.
The stories about the late President's demise bring into strong relief the wisdom of this papal provision.
On learning officially of the death of the Pontiff, the Cardinal Dean notifies the other Cardinals of the vacancy of the Apostolic See and calls them to the Apostolic Palace. He likewise sends word of the Pontiff's death to the civil ambassadors to the Holy See and the rulers of the nations. All the things that the Major Penitentiary and his officials may do are clearly set forth in the Constitution of Pope Pius XI, Quo divinitus, of March 25, 1935. The Chancellor of the Holy Roman Church remains in office, but during the vacancy of the Holy See he cannot expedite any letters with the official leaden bull. The Secretary of State goes out of office, and his place is filled temporarily by the Secretary of the Sacred College. The Cardinal Vicar stays in office, and so do the Legates, Nuncios, and Apostolic Delegates. Now we come to a point of interest: the Private Almoner of the deceased Pontiff continues to exercise his office in subjection to the College of Cardinals and under its authority until the election of the new Pontiff, so that the same amount of money may be dispensed to help the poor and needy as was done while the deceased Pope was living. And let us not forget that all the civil powers of the Roman Pontiff in the governance of the Vatican City are vested in the Sacred College of Cardinals during the vacancy; but this College cannot make any laws except of an emergency nature—to last subject to the approval of the new Pontiff. The Roman Congregations and Tribunals retain all their ordinary powers during the vacancy, but can do nothing that demands the consent of the Pontiff or that proceeds from special and extraordinary faculties. In matters, of gravity or controversy that must be quickly settled, the issue is referred to the Sacred College, which submits it to the Prefect and some of the Cardinals of the same Congregation whom a living Pontiff would be likely to commission for the work; any decision reached is of a tentative nature. Of course, the Roman Rota and the Signatura Apostolica proceed as usual in the trying of cases, Saving the exceptions of Canon 244, § 1, and Canon 1603, § 2.
The last chapter of this Title I deals with the obsequies of the Pontiff, which extend over nine continuous days, unless they are interrupted by a feast of great importance, or some other cause decides the Cardinals to interrupt them. After any interruption, they are resumed, and the three last days are celebrated with most solemn rite. On the last day an appointed preacher gives a sermon on the deceased Pontiff. Thereupon an authentic instrument of burial is made by the notary of the Chapter of St. Peter's, if the burial is to take place there. Afterwards one of the clerics of the Sacred Camera Apostolic and a person delegated by the Prefect of the Private Chamber of the deceased Pontiff draw up, separately documents testifying to the fact of burial—one before the Sacred Camera Apostolic and the other before the Prefect of the Private Chamber. If death overtook the Roman Pontiff outside of the City, it rests with the Sacred College of Cardinals to arrange in due time for a worthy and befitting translation of the remains to the Vatican Basilica of St. Peter.
The Most Solemn and Most Important Election in the World
The very chapter headings of Title II give us an intimation of how well-ordered every phase of the Papal Election has been for centuries, and how especially so it is today. Each one of these twenty-three pages has on an average of four to five sources of previous Constitutions or Papal regulations. The chapter headings are as follows: The Electors of the Roman Pontiff; The Conclavists and Others Having Part in the Conclave; The Entrance into Conclave; The Closing of the Conclave and the Secret to be Observed in All Matters That Are Transacted in Conclave; The Form of Election; The Things That Must Be Observed and the Things That Must Be Avoided in the Election of a Roman Pontiff; The Acceptance and the Proclaiming of the Election: The Consecration and Coronation of the New Pontiff. A few observations are in order on most of the chapters. Not only are the Cardinals the sole Papal electors, but no Cardinal can be excluded or disqualified from exercising an active and passive voice in the election of the Pontiff under the pretext of any ecclesiastical penalty. The only way in which a Cardinal loses that right is by previous degradation or resignation already accepted by a Roman Pontiff. The Cardinals present in Rome must wait a full fifteen days after the Pope's death for the absent Cardinals, and the College has power to extend these fifteen days to eighteen at most. Then the Cardinals present must immediately enter Conclave and proceed to the election. The absent Cardinals are admitted whenever they arrive. All Cardinals are commanded in holy obedience to set out for Rome as soon as they get word of the Pope's death, unless they are detained by a cause approved by the Sacred College. If a Cardinal refuses to enter the Conclave, or once in Conclave leaves without a certified illness approved by a majority of the Cardinals, he thereupon loses his right to vote. A Cardinal excused by sickness from the Conclave can vote only by re-entering.
As to the Conclavists (persons other than the Cardinals) having part in the Conclave, no one can be among the Conclavist Prelates who is related within the first or second degree to any of the Cardinals or who belongs to any Religious Institute that a Cardinal belongs to. These Conclavists, sacerdotal and lay, are investigated before entering the Conclave and after having entered. They are made to take an oath of secrecy covering everything that is transacted in the Conclave, not only before the election of the Pontiff but afterwards. While each Cardinal is entitled to two assistants, he can bring into the Conclave only the lay assistant or servant; and Conclavists who leave on account of sickness cannot re-enter.
The entrance into the Conclave takes place after a Mass of the Holy Ghost, with a sermon exhorting the electors to choose the most worthy candidate for the august office. The Cardinals may enter the Conclave in the evening, if they so desire. They enter in procession. The Master of Ceremonies leads with the Papal Cross and the Cardinals follow: first those belonging to the Episcopal Order, then those of the Priestly Order, and finally those of the Diaconal Order. The attendants of the Cardinals precede the Cross, and the chanters sing the Veni Creator Spiritus; after the Cardinals follow the prelates, and in this order all enter Conclave. When they come to the chapel, the Cardinal Dean recites the prayer Deus qui corda fidelium, and when that is ended, the Constitution on election is read, with the omission of that part which pertains to things already done. At the conclusion of this reading, the Cardinals take the Cardinalitial Oath as administered once before. Then follows an exhortation delivered by the Cardinal Dean. Now comes the taking of the oath of fidelity by the official guards of the Conclave. Rooms are then distributed, and the officials of the Conclave begin to clear the Conclave of outsiders, search being made for any who might have secreted themselves. Finally, the doors are closed and sealed from without and from within.
The Election Proper
The next morning, after the Cardinals have each celebrated Mass or gone to Communion, the Veni Creator Spiritus is recited and the instruments of the closing of the Conclave are arranged. Then the election starts, ordinarily by ballot. The small ballots are distributed, and each Cardinal writes in the name of his choice. Then he folds the ballot, goes forward, kneels before the altar and prays for an interval, holding all the while his folded ballot between the fingers of his right hand. Then he stands erect and calls Christ to witness that he has voted for the candidate whom he believes most fit, ascends the altar, and places the ballot on a large paten resting upon a large chalice. Then he slides the ballot into the chalice. This procedure is followed by each Cardinal. If there are any sick Cardinals in their cells, they are visited by three deputed Cardinals, and the ballot of each is put into the slit of a closed box that had been opened before the three Cardinals left the altar to show it was empty, and then locked and the key left on the altar. When all the ballots are deposited in the chalice, they are counted. If the ballots exceed the number of Cardinals, they are immediately burned and a new ballot taken. The Cardinals designated to count the ballots, announce the choice of each ballot, and then pass it on to three other Cardinals who inspect the ballots and the tally. If two-thirds plus one votes are given for a single Cardinal, he is asked if he accepts. And if he does, he is asked the name he wishes. He gives the name. That given, an instrument is drawn up of his election; and the first adoration takes place of the newly elected Pontiff. Then after the chanting of the Te Deum, the ranking Cardinal Deacon goes to the balcony of St. Peter's to announce to the waiting multitude that there is a new Pope. Not long afterwards the new Pontiff himself gives from the same balcony the Apostolic Benediction Urbi et Orbi, to the City and to the World. Christ has now a new Vicar on earth, the successor of St. Peter, the latest in an unbroken line running back over nineteen hundred years.
This is only a sketchy account of that masterpiece of law lately put forth by our Holy Father, Pius XII, for the election of his successor, for the election to an office which the entire election procedure shadows forth in its might and majesty, and at the same time proclaims the Pope the Vicar of the suffering Christ, no less then the glorious Christ!
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