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The Catholic Church and Election of a Pope

During this very long period of the vacancy of the Holy See, which has begun after the death of Pope Pius XII on October 9, 1958, many Catholics are concerned about the following question:

“Who would elect a Pope after the death of all the Cardinals?”

People are very concerned about this question because they have accepted the false thesis spread by propagators of the Vatican II:

“After a death of a previous Pope the Cardinals are obliged under pain of excommunication to elect a new Pope within a very short period of time of a few days. If a Pope has not been elected within a few days, then there will no longer the Church, because the Church cannot operate without a Pope.”

To answer this disturbing question and refute the false thesis, I offer some excerpts from the books which contain the Catholic Teaching on the Election of a Pope. These books were published in accordance with the Church legislation on books before the death of Pope Pius XII.

For example, Rev. Peter A. Baart, S.T.L., wrote that, if ‘all the Cardinals should die before the election of a Sovereign Pontiff’, ‘the more common and safe opinion is that the election would still pertain to the Roman clergy, that is, to the canons of the Lateran basilica (See THE CATHOLIC ENCYCLOPEDIA), the cathedral of the Pope’ (See excerpts from the book The Roman Court by the Reverend Peter A. Baart, S.T.L.)

Here I would just like to emphasize that the author did not write about the "clergy" of the Vatican II church.

To be valid members of the Roman clergy, they must first abjure all the heresies they have spread and professed before being received into the Catholic Church.

After confirmation of their valid baptism or be baptized, if they have not done it so, they must be confirmed and ordained by valid Catholic bishops.

Only after following these conditions they would have the right to elect a Pope.

Likewise Rev. Peter A. Baart, other Catholic authors teach that the Catholic Church remains to exist during a period of time even when the Holy Apostolic See experiences an absence of a Roman Pontiff, a Successor of St. Peter.

The Church teaches that periodically repeated vacancy of the Holy See is the integral component of the historical, ecclesiological and canonical context of the Catholic Church.

There is no Catholic Church without a Pope, when he is alive and there is no Catholic Church without a periodically repeated vacancy of the Holy See, when a Pope has died or resigned.

The Catholic Church and the Apostolic See have the nature of a legal person by Divine ordinance (Can. 100).

A legal person is of its very nature perpetual. It may be extinguished by suppression by the legitimate authority, or by having ceased to exist for a space of one hundred years. If at least one individual of a collegiate legal person remains, the rights of all rest with that individual (Can. 102).

If the Holy See has not been occupied by a Pope for a space of one hundred years or even longer, the Holy See does not cease to be a legal (moral) person, because the Holy See is of its very nature perpetual. The same principle applies to the Catholic Church.

Being divinely instituted, the Holy See either occupied by a Pope or being vacant can exist as a perpetual legal person until the last day of this world's existence.

Likewise, either having a Pope or not having him, the Catholic Church can exist as a perpetual legal person until the last day of this world's existence as well.

Since the Catholic Church and the Apostolic See have the nature of a legal perpetual person by Divine ordinance, they may only be extinguished by God Himself, Who alone is the Author and the Supreme Authority of His creation.

So, neither a Pope nor Cardinals nor self-appointed lay "theologians" have any authority to put an end to the Catholic Church.

No matter how long the vacancy of the Holy See may lasts, the vacancy itself is not a legitimate authority. Consequently, not being a legitimate authority, the vacancy of the Holy See cannot cease existing of the Papacy and the Catholic Church.

By Divine ordinance the Papacy does not cease to be divinely established Institute because of a death or a resignation of a Pope.

If the Institute of the Papacy and the Catholic Church would cease because of a death or a resignation of a Pope (as self-appointed "theologians" claim), this would mean that the Papacy and the Catholic Church are not Divine Institutions.

Therefore, every Catholic is obliged to believe that during the vacancy of the Holy See, the Catholic Church continues to live and fulfill Its mission of saving souls regardless of how long the vacancy of the Holy See may lasts.

It is true that the purpose of the Conclave is the election of a new Pope. If someone says that the Conclave has a different purpose, he invents a different, non-Catholic faith.

Likewise, when someone says that the Cardinals are obliged under pain of excommunication to elect a new Pope within a very short period of time of a few days, he also invents a different, non-Catholic faith.

Pope Pius XII in his Apostolic Constitution VACANTIS APOSTOLICAE SEDIS set the rule according to which after eighteen days at the most have elapsed on which the funeral rites of the deceased Pontiff are celebrated, the Cardinals, in whatever number are there present, must immediately enter the Conclave and to proceed with the election.

Also, Pius XII and some of his Predecessors, such as St. Pius X, Leo XIII and many others, set certain canonical punishments that may be incurred by electors and certain limitations for candidates:

  • All electors are equally sworn to secrecy concerning those things which relate to the election under pain of excommunication ipso facto incurred.
  • The censure of excommunication latae sententiae (ipso facto) for the crime of simony.
  • It is forbidden, under pain of excommunication latae sententiae, during the lifetime of a Pope to treat of the election of his Successor.
  • All the paper ballots should be counted, verified by the Inspectors, and burned in the presence of the Cardinals.
  • Cardinals that have been canonically deposed or have resigned the cardinalitial dignity with the consent of the Roman Pontiff have no right of election.
  • The vote of the elected cardinal may not be counted.
  • The election of an infidel, heretic, schismatic, or female would be invalid.
  • etc.

(The related link: Can an Excommunicated Cardinal be Elected Pope?)

But no one of the Popes left a rule that regulates within what certain period of time the Cardinals must complete the election of a new Pope.

In addition, no canonical punishment exists for Cardinals; neither for not having elected a Pope within a certain period of time nor for voting for a different candidate, i.e. other than for the one who was elected.

You can read in the excerpts below that there are had been many cases in the history of the Catholic Church of the prolonged vacancies of the Holy See, lasting even up to four years. Every such case disproves the false thesis that a new Pope must be elected within a few days after a death of a previous Pope.

For example, Pope Nicholas IV died on April 4, 1293, and the Holy See was vacant two years, three months, and two days. There were twelve cardinals, but they were divided in opinion, six Romans, four Italians, and two French. (See THE LIVES AND TIMES OF THE ROMAN PONTIFFS By the CHEVALIER ARTAUD BE MONTOR)

Also, the Church teaches that a Pope can resign the Pontificate. In such a case the Cardinals should proceed with the election in the same way as after a death of a Pope. The last Pope, who confirmed this old rule, was Pius XII (n. 91 of VACANTIS APOSTOLICAE SEDIS).

From the Church history it is known that among those who resigned the Pontificate there were even Saints. For example, Pope St. Celestine V voluntarily resigned the Pontificate on December 13, 1294. (See THE LIVES AND TIMES OF THE ROMAN PONTIFFS By the CHEVALIER ARTAUD BE MONTOR)

Another question that some people are worried about is:

“Did Pope Pius XII appoint someone as his desired successor?”

Firstly, Catholics must know the Church Teaching on a possibility of choosing a new Pope by a previous Pope.

Secondly, Catholics must know how the Cardinals can/should act if a Pope wants a certain person to be a Pope after him.

A Pope has no exclusive right to appoint or elect another Pope.

The right to elect a new Pope belongs to the Cardinals.

Francis Patrick Kenrick, Archbishop of Baltimore wrote that the elective principle, which was originally common to all Episcopal sees, is still held sacred in regard to the Apostolic See to which it is utterly forbidden to give the appearance of an inheritance. (See THE PRIMACY OF THE APOSTOLIC SEE VINDICATED BY FRANCIS PATRICK KENRICK, ARCHBISHOP OF BALTIMORE).

Furthermore, Rev. Peter A. Baart, S.T.L., wrote that under Pope Paul IV the question whether the Pope can choose his own successor was discussed in consistory, and he, with the majority of the cardinals, thought the affirmative opinion should be rejected as false (See excerpts from the book The Roman Court by the Reverend Peter A. Baart, S.T.L.).

Also, the Rev. P. Chas. Augustine explains that the Pope is morally bound to respect the jus quasitum of the Cardinals, which would be illusory if the Pope could set it aside at his pleasure (See A COMMENTARY ON THE NEW CODE OF CANON LAW By THE REV. P. CHAS. AUGUSTINE).

In the latest Papal Document on the Election of a Pope, VACANTIS APOSTOLICAE SEDIS of December 8, 1945, Pius XII set the rules on the ELECTION of a Pope by the Cardinals, not an appointment of a new Pope by a previous Pope or an approval by the Cardinals a “successor” who was “appointed” by a previous Pope regardless of the results of the Conclave.

Pope Pius XII strongly urges the Cardinals in election of the Pontiff, having before their eyes only the glory of God and the good of the Church, to cast their votes for a suitable candidate who would govern the Universal Church fruitfully and usefully in comparison to the others. (Cf. n. 97. VACANTIS APOSTOLICAE SEDIS)

If a Pope, from his deathbed, recommends to the Cardinals a candidate whom he considers worthy of being a new Pope, this recommendation cannot be considered a definition ex cathedra or a binding Papal Document.

While some Cardinals may take into consideration the recommendation of a dying Pontiff, others are free to ignore it without any canonical consequences for themselves.

In any case, every Cardinal acts canonically correct, according to his conscientious judgment, regardless of whether he accepts or rejects the recommendation of a dying Pontiff.

Therefore, if the answer to the question “Did Pope Pius XII appoint someone as his desired successor?” would be “Yes”, this answer is not a sacramental form, changing anyone into a Pope "ex opere operato".

Fr. Valerii

P.S. Infidels or non-baptized persons are by no means able to be elected; furthermore, by Divine Law, heretics and schismatics must be kept away from the Supreme Pontificate, because by Divine Law they are incapable of participating in jurisdiction over the Church to any degree, and of course they must be excluded from occupying the Apostolic See, which is the infallible teacher of the True Faith and the center of Church unity. (See INSTITUTIONES lURIS CANONICI, Tomus II:784, PHILIPPO MAROTO)

Here the quotations from the Catholic books follow (bold text is mine):

ELEMENTS OF ECCLESIASTICAL LAW
BY REV. S. B. SMITH. D.D.:

"329. Q. Can the Pope elect his successor?

A. The Pope is prohibited from electing his successor, not only by ecclesiastical but also by divine and natural law; and such election would be null and void.136 Hence, the Sovereign Pontiff could not, even with the consent of the cardinals, validly issue a constitution authorizing a Pope to elect or appoint his successor137 (infra, n. 457).
136 lb., V. Papa, art. i., n. 1, 2.)
137 lb., 1. c, n. 12.)

457. II. We have already spoken of the election of the Roman Pontiff, and shall here add only a few words on this point. The Pope cannot elect his successor.4 Some Popes, it is true, pointed out those whom they thought most worthy of the Pontificate; this, however, was commendatio, not electio.5 The Pope may establish the form to be observed in the election of the Supreme Pontiff, for no special form was determined by Christ; but he cannot, even with the consent of the cardinals, issue a constitution empowering a Pope to elect his successor.6
4 Ferraris, V. Papa, art. i., n. 1.
5 lb., n. 10.
6 Ferraris, V. Papa, art. i., n. 12.

ELEMENTS OF ECCLESIASTICAL LAW
COMPILED WITH REFERENCE TO
THE SYLLABUS, THE "CONST. APOSTOLICAE SEDIS" OF POPE PIUS IX.
THE COUNCIL OF THE VATICAN AND
THE LATEST DECISIONS OF THE ROMAN CONGREGATIONS.
BY REV. S. B. SMITH. D.D.,
FORMERLY PROFESSOR OF CANON LAW, AUTHOR OF "NOTES," etc., etc.
FOURTH EDITION, REVISED ACCORDING TO THE ANIMADVERSIONS OF
THE ROMAN CONSULTORS APPOINTED BY
THE CARDINAL PREFECT OF THE PROPAGANDA.
NEW YORK, CINCINNATI, ST. LOUIS, AND EINSIEDELN:
BENZIGER BROTHERS,
PRINTERS TO THE HOLY APOSTOLIC SEE.
1881
Nihil Obstat: Rev. S. G. MESSMER, S.T.P., Censor Deputatus.
Imprimatur: JOANNES CARD. McCLOSKEY, Archiepiscopus Neo-Eboracensis.
Datum Neo-Eboraci, Die 25 Martii, 1877.
Copyrighted, 1877, by Benziger Brothers.
p. 138, 202, 203


INSTITUTIONES lURIS CANONICI
AUCTORE PHILIPPO MAROTO:

"Quare infìdeles seu non baptizati elegi nequaquam valent; imo etiam haeretici et schismatici iure ipso divino arcentur a supremo Pontifìcatu, quia licet iure divino non dicantur esse inhabiles ad aliqualem ecclesiae jurisdictionis participationem (n. 576, E), sed certe debent retineri exclusi ab occupanda Apostolicae Sedis cathedra, quae est infallibilis magistra veritatis fidei et centrum unitatis ecclesiasticae."
INSTITUTIONES lURIS CANONICI
AD NORMAM NOVI CODICIS
AUCTORE PHILIPPO MAROTO
ACCEDUNT PRO HISPANIS
LECCIONES DE DISCIPLINA ECLESIASTICA DE ESPANA
AUCTORE JOANNE POSTIUS
Tomus II:784
MADRID
EDITORIAL DBL CORAZON DE MARIA
Mendizabal, 67
ROMA Via delle Carceri, 9
BARSELONA Fernando VII, 43
MCMXIX
NIHIL OBSTAT: Arcadius Larraona, C. M. F., Censor deputatus.
Matriti, Kalendis Septembris anni 1919
IMPRIMATUR: Martinus Alsina, C. M. F., Moderator Generalis.
NIHIL OBSTAT: Dr. Joannes Postius, C. M. F., Censor.
Matriti, Idibus Septembris anni 1919.
IMPRIMATUR: Prudentius, Epis. Matritensis – Complutensis
p. 172


THE VISIBLE CHURCH
BY Rt. Rev. JOHN F. SULLIVAN, D.D.

The papacy is an elective monarchy. If a Pope dies or resigns his office, his successor is chosen by vote of the cardinals.

A Pope does not nominate his successor. The election by the cardinals was decreed by Pope Nicholas II, in 1059; in earlier times the Popes were chosen by the clergy and people of Rome.
THE VISIBLE CHURCH
BY Rt. Rev. JOHN F. SULLIVAN, D.D.
A TEXT-BOOK FOR CATHOLIC SCHOOLS
Fifth Edition, Revised
NEW YORK
P. J. KENEDY & SONS
PUBLISHERS TO THE HOLY APOSTOLIC SEE
NIHIL OBSTAT: ARTHURUS J. SCANLAN, S.T.D. Censor Librorum
IMPRIMATUR: PATRITIUS J. HAYES, D.D. Archiepiscopus Neo-Eboracensis
Neo-Eboraci die 5, Aprilis 1921.
Copyright, 1920, 1922,
BY P. J. Kenedy & Sons, New York
Printed in U. S. A.
p. 2


THE PRIMACY OF THE APOSTOLIC SEE VINDICATED BY FRANCIS PATRICK KENRICK, ARCHBISHOP OF BALTIMORE:

MODE OF ELECTION

"The plenitude of power with which the Pope is clothed, might appear to authorize him to provide a successor, when old age warns him of the approach of death, especially if he has reason to fear that intrigues, disorders, and violence may occur during the vacancy of the See. The language used by Irenaeus in regard to Peter, who is said to have committed to Linus the administration of the Church, may be understood of the appointment of a successor; but all antiquity teaches that the bishopric should not be as a legacy, dependent on the mere will of the actual incumbent. The elective principle, which was originally common to all episcopal sees, is still held sacred in regard to the Apostolic See, to which it is utterly forbidden to give the appearance of an inheritance. Hilary, in a Roman Council, declared that no Pope should choose his successor; which important declaration was repeated and confirmed by Pius IV after the lapse of eleven centuries. Pius added that no Pope could, even with the assent of the cardinals, choose a coadjutor, with the right of succeeding him. Boniface II., in 530, designated Vigilius for his successor, with the view of preventing the intrusion of an unworthy incumbent by the King of the Goths; but on maturer reflection, he committed his decree to the flames, lest his example should give an hereditary appearance to the sacred office. When Gregory XIV lay at the point of death, he exhorted the cardinals to proceed to the election of his successor; which, however, they respectfully declined. Several Popes, on their death-bed, recommended to the cardinals the person whom they deemed most worthy to succeed, as Clement VII, dying, said, that he would choose Cardinal Farnese, if the office could be bequeathed. His recommendation was adopted, but generally such expressions of desire were neglected. By a decree of Symmachus, in 499, renewed by Paul IV in 1558, it is forbidden, under pain of excommunication, during the lifetime of the Pope to treat of his successor. It is likewise forbidden, under the same penalty, to make wagers concerning the future Pontiff, when the See is actually vacant, lest any person should use improper measures to obtain a choice favorable to his interests.

It is beyond a doubt that the people, for many ages, had a great share in the election of bishops, although it does not appear that they had at any time a strict right of suffrage. Their favorable testimony had considerable weight, their just wishes were respected, and the clergy willingly aided in the promotion of those who were most likely to secure popular respect and obedience. In those times, however, the chief pastor did not fail to admonish the clergy, that they must not be driven forward by the popular impulse, which they should rather prudently direct and control. "The people," said St. Celestin, in the fifth century, "should be taught, not followed; and we should admonish them, if they be ignorant of what is lawful and what is forbidden, nor should we yield to them." * (* Ad ep. Apuliae) In the preceding age, the Council of Laodicea had decreed that the "multitude must not be allowed to make the election of those who are to be raised to the priesthood." * (* Can. xiii., apud Hard., t. i. col. 784.) The publicity and popular character of the elections continued at Rome down to the twelfth century. Nicholas II., who in 1058 was elected by the clergy, in presence and with the concurrence of the people, decreed that the right of election belonged, in the first place, to the cardinal bishops, who were to fix upon the candidate, and next to the cardinal priests and deacons, whose concurrence was to be sought; and that the clergy and people should express their assent, following the cardinals as guides. The people continued to be present at the elections, and, by their acclamations, signified their assent to the individual chosen by the cardinal bishops, with the consent of the clergy. Innocent II., in 1130, to remedy the disorders attendant on these popular assemblies, attempted to exclude the people from the election; but they rose in arms, and maintained their immemorial privileges, so that Eugene III., in 1145, was elected by the general wish of the clergy and people; and in 1154, the clergy and laity, with acclamation, enthroned Adrian IV. In the third Council of Lateran, held in 1179, under Alexander III., it was decreed, that in case of a division at the election, the person having two-thirds of the votes of the cardinals should be acknowledged as true Pontiff. The people, consequently, thenceforward ceased to have any participation in the choice; and they were effectually excluded from witnessing the election, when it became customary to hold it within an enclosure, called the conclave, which was occasionally done, even before it was specially decreed by Gregory X., in 1274.

The exclusion of the laity from the elections was rendered necessary by the tumults and sanguinary scenes that oftentimes attended popular assemblies. It was the wish of Gregory of Nazianzum, so early as the fourth age, that the choice of the prelates of the Church, were reserved to a small number of good men. + (+ Orat. xix) This is verified in the body of cardinals, who are never more than seventy in number, as seventy elders aided Moses in the government of the people, and who generally are men of great experience and unblemished morals. Six of them are bishops of the neighboring Sees of Ostia, Porto, Albano, Preneste, Sabina, and Frescati. Fifty belong to the order of priests, and fourteen to that of deacons: all of whom have titles taken from the ancient Churches of Rome, over which they preside; and consequently they are the chief clergy of the Roman Church. (p.p. 244-247)
THE PRIMACY OF THE APOSTOLIC SEE VINDICATED
BY FRANCIS PATRICK KENRICK, ARCHBISHOP OF BALTIMORE
SEVENTH REVISED EDITION
BALTIMORE:
PUBLISHED BY JOHN MURPHY & CO.
182 BALTIMORE STREET.
1875
pp. 244-247


The Roman Court
BY THE Reverend Peter A. Baart, S. T. L.:

"65. As a matter of fact some Popes have pointed out those whom they deemed best fitted to succeed them, but church history has no record of any Supreme Pontiff choosing his own successor, if we except Pope Boniface II in the year 529. This Pope, in order to prevent a recurrence of the scandalous contentions which took place at the time of his election, when the Ostrogoth king set up an antipope, adopted the extraordinary measure of issuing a decree by which he appointed the deacon Virgilius his successor in the papacy. But the next year in a council held in Rome he recalled his decree and declared it annulled.

On the other hand it is of record that Pope Celestine III wished to resign the papacy in favor of Cardinal John de St. Paul, but because such an action was unknown in the Church, he determined not to do it. Pope Paul III was asked by Cardinal Francis Pisana Veneto to choose his own successor, but positively declined. And under Pope Paul IV the question whether the Pope can choose his own successor was discussed in consistory, and he, with the majority of the cardinals, thought the affirmative opinion should be rejected as false." (p. 59-61)

"72. A vacancy occurs in the Apostolic See when the Sovereign Pontiff resigns or dies." p. 66

" 76. The day after entering into conclave the cardinal-dean says a low Mass of the Holy Ghost, at which all the cardinals receive Communion. Then a scrutinium or vote is taken for the new Sovereign Pontiff. During the balloting everyone is excluded from the chapel. A cardinal who may not have received deacon's orders is not admitted to the conclave; but all the cardinals in conclave, and they alone, have a vote. No one can vote by proxy.

If in the course of the election a considerable number of cardinals should withdraw from the conclave refusing to participate in the election, the right of choosing the Pontiff would remain with the cardinals in conclave, even though but two, yea, even though but one were left. Likewise if all the cardinals but one should die, he would have the right of electing the Pontiff; but he could not choose himself. If all the cardinals should die before the election of a Sovereign Pontiff, it is disputed who would have the right to elect. Some say an oecumenical council should elect, but the more common and safe opinion is that the election would still pertain to the Roman clergy, that is, to the canons of the Lateran basilica, the cathedral of the Pope.

Any man, even a layman and a married person may validly be elected Sovereign Pontiff, and as soon as he is elected and consents, he has full jurisdiction as the supreme pastor of the Church and Vicar of Christ. For some centuries, however, none but cardinals have been elected to the papacy." (p. 70-71)
The Roman Court
OR A Treatise on the Cardinals, Roman Congregations
and Tribunals, Legates, Apostolic Vicars,
Protonotaries, and Other Prelates
of the Holy Roman Church
BY THE Reverend Peter A. Baart, S. T. L.,
Author of "Orphans and Orphan Asylums," and "Episcopal Claims Disproved"
FR. PUSTET,
Printer to the Holy See and the S. Congregation of Rites
FR. PUSTET & CO.,
NEW YORK AND CINCINNATI.
Nihil Obstat: Carolus O'Reilly, S. T. D., Censor Deputatus.
Imprimatur: Joannes S. Foley, Episcopus Detroitensis.
Die 25, m. Septembris, 1895.
Copyrighted, 1895, BY P. A. BAART.
ALL RIGHTS RESERVED,
Press of The Statesman, Marshall, Mich.
p. 59-61, 66, 70-71


THE CATHOLIC ENCYCLOPEDIA:

“By common consent the Lateran Congregation, officially styled Congregatio SS. Salvatoris Lateranensis, stands first in antiquity and importance. As the title implies, this congregation takes its origin from the Roman Basilica of St. John Lateran, the pope's own cathedral. History, confirmed by the authority of Pontifical Bulls, informs us that Pope Silvester established in the basilica built by the Emperor Constantine clerics living in common after the manner of the Primitive Church. In the year 492, Gelasius, a disciple of St. Augustine, as we have already mentioned, introduced in the patriarchal basilica the regular discipline which he had learnt at Hippo. Pope Gregory the Great, Eugenius II, Sergius III, and Alexander II, all endeavoured to maintain the observance of the regular life established among the clergy of the basilica. As relaxation had crept in, the last named pope, at the request of St. Peter Damian, called some canons from St. Frigidian at Lucca, a house of strict observance.

The reform spread, till at length the houses that had embraced it were formed into one large congregation. In the eighteenth century the Lateran Congregation numbered forty-five abbeys and seventy nine other houses in Italy, besides many affiliated convents of canonesses, monasteries, and colleges of canons regular outside of Italy. The canons regular served the Lateran Basilica from the time they were put in possession till 1391, when secular canons were introduced by Boniface VIII. Several attempts were made to restore the basilica to its original owners, and finally Pope Eugenius IV, in 1445, gave it over to them, an act which was confirmed by Nicholas I. But the arrangement did not last long, and eventually the canons regular were definitively displaced, and the basilica made over to secular canons. All that remains now to the canons regular is the name they derive from the basilica and a few other privileges, such as precedence over all the other religious orders and the faculty of saying all the Offices which are said by the Lateran Canons in their Church.

There are at present houses belonging to the Lateran Congregation in Italy, Poland, France, Belgium, England, Spain, and America. The congregation is divided into six provinces, each presided over by a visitor or provincial. The abbot general and procurator general reside in Rome at S. Pietro in Vincoli.”
THE CATHOLIC ENCYCLOPEDIA
AN INTERNATIONAL WORK OF REFERENCE
ON THE CONSTITUTION, DOCTRINE, DISCIPLINE
AND HISTORY OF THE CATHOLIC CHURCH
EDITED BY CHARLES G. HERBERMANN, Ph.D., LL.D.
EDWARD A. PACE, Ph.D., D.D., CONDE B. PALLEN, Ph.D., LL.D.
THOMAS J. SHAHAN, D.D., JOHN J. WYNNE, S.J.
ASSISTED BY NUMEROUS COLLABORATORS
IN FIFTEEN VOLUMES
VOLUME III, p. 293-294
New York ROBERT APPLETON COMPANY
Nihil Obstat: REMY LAFOET, CENSOR
Imprimatur: +JOHN M. FARLEY, ARCHBISHOP OF NEW YORK
Copyright, 1908 By ROBERT APPLETON COMPANY


A COMMENTARY ON THE NEW CODE OF CANON LAW
By THE REV. P. CHAS. AUGUSTINE:

CAN. 160:
Romani Pontificis electio unice regitur const. Pii X Vacante Sede Apostolica, 25 Dec. 1904; in aliis electionibus ecclesiasticis serventur praescripta canonum qui sequuntur, et peculiaria, si qua sint, pro singulis officiis legitime statuta.


I. ELECTION OF A POPE

The historical evolution of the process of electing a Pope shows various phases.

(1) Up to the time of Nicholas I (1059-1061) not only the clergy but also the senate and people of Rome had a share in the election, whilst the emperor claimed the right of ratifying it.

(2) Nicholas II endeavored to reduce the undue influence of senate and people. He reserved the right of electing the Pope chiefly to the clergy of the titular or cardinal churches of Rome, but did not entirely exclude the emperor. His decree expressly emphasizes "the honor and reverence due to the King."

(3) The decretals of Alexander III (1159-81) went further, and Gregory X (1271-76) finally reserved the right of electing the Pope to the Cardinals of the Roman Church. The so-called "Veto" or "jus exclusivae", which the monarchs of Austria, France, and Spain arrogated to themselves and by means of which they excluded candidates unacceptable to them through the agency of one of their cardinals, was definitively abrogated by Pius X.

The question whether the Pope can legally designate his own successor is controverted. Technically, there is no doubt that the Pope has this right, because the mode of election now in vogue is merely a human (ecclesiastical) law, by which the supreme lawgiver is not bound. Practically and morally speaking, however, such a right is not to be vindicated except in a very extraordinary and urgent case. The Pope, being a human being, might be too strongly inclined towards his family, and through nepotism the papacy might be in danger of becoming hereditary. Besides, the Pope is morally bound to respect the jus quasitum of the cardinals, which would be illusory if the Pope could set it aside at his pleasure.

At present the law concerning the election of a Pope is as follows:

1. The only authorized electors are the cardinals, who must have received at least deaconship, unless permitted by a special Apostolic indult to remain in lower orders. Even censured cardinals enjoy a vote in the conclave, but not such as have been deposed or have resigned their dignity with the consent of the Pope. Absent cardinals must be invited by the Dean of the Sacred College or by another cardinal and admitted to the conclave as long as no election has taken place.

2. Concerning eligibility, the Constitution of Pius X merely admonishes the electors to choose one whom they deem fit. Since the end of the fourteenth century only cardinals, and since Hadrian VI (1523), only Italian cardinals have been elected.

3. The voting takes place by scrutiny, which may be performed only within the conclave. The latter point, however, no longer affects the validity of the election.

Quasi-inspiration, compromise, and accessus seem to be excluded, as the Constitution makes no mention of these. The election is completed only when two-thirds of the votes or suffrages, cast secretly and according to the scheduled forms, fall on the same person.

The vote of the elected cardinal may not be counted. It is evident that generally more than one scrutiny is required. The ballots must be burned.

4. A purchased election would probably be valid, but those guilty of that crime (simony) incur excommunication latae sententiae. The same penalty falls upon those who in any way admit the abrogated "veto."

5. The cardinals may, during the vacancy of the Apostolic See, discuss probable candidates and their fitness for the office. This is called the tractatus praevius.

"CAN. 188.4:
Ob tacitam renuntiationem ab ipso iure admissam quaelibet officia vacant ipso facto et sine ulla declaratione, si clericus: 4. A fide catholica publice defecerit".
p. 159.
"(4) Defection from the Catholic faith, if public, deprives one of all ecclesiastical offices he may hold". (p. 161)

“CAN. 221:
Si contingat ut Romanus Pontifex renuntiet, ad eiusdem renuntiationis validitatem non est necessaria Cardinalium aliorumve acceptatio.”

“If the Roman Pontiff resigns his office, the resignation is valid without its acceptance by the cardinals or anyone else.” (p. 208)
A COMMENTARY ON THE NEW CODE OF CANON LAW
By THE REV. P. CHAS. AUGUSTINE, O.S.B., D.D. Professor of Canon Law,
VOLUME II, Clergy and Hierarchy (Can. 160, 188.4, 221)
B. HERDER BOOK CO. 17 SOUTH BROADWAY, ST. Louis, Mo.
AND 68 GREAT RUSSELL ST. LONDON, W. C. 1918
CUM PERMISSU SUPERIORUM
NIHIL OBSTAT
Sti. Ludovici, die Sept. 7, 1918.
F. G. Holweck, Censor Librorum.
IMPRIMATUR
Sti. Ludovici, die Sept. 8, 1918.
+Joannes J. Glennon, Archiepiscopus, Sti. Ludovici.
Copyright, 1918 by Joseph Gummersbach.
All rights reserved. Printed in U. S. A.
pp. 117-119, 159, 161.


“c) Cardinals are immune from penal laws, unless they are expressly mentioned as subject to them. Thus in the Constitution of Pius X, "Vacante Sede," (e.g., n. 51) they are threatened with excommunication latae sententiae if they reveal the proceedings of a papal conclave.” (Cf. Can. 2227, p. 94)

Can. 2314.
1: "Omnes a Christiana fide apostatae et omnes et singuli haeretici aut schismatici:

Incurrunt ipso facto excommunicationem - All apostates from the Christian faith and all heretics and schismatics: 1. Incur excommunication ipso facto".
A COMMENTARY ON THE NEW CODE OF CANON LAW
By THE REV. P. CHAS. AUGUSTINE, O.S.B., D.D. Professor of Canon Law,
VOLUME VIII, Book V, Penal Code (Can. 2227, Can. 2314)
W. E. BLAKE & SON, LIMITED
CATHOLIC CHURCH SUPPLIES
123 CHURCH ST. TORONTO, CANADA
1922
CUM PERMISSU SUPERIORUM
NIHIL OBSTAT
Sti. Ludovici, die . 25. Aug., 1922
F. G. Holweck, Censor Librorum.
IMPRIMATUR
Sti. Ludovici, die 25. Aug., 1922
+Joannes J. Glennon, Archiepiscopus, Sti. Ludovici.
Copyright, 1922 by B. Herder Book Co.
All rights reserved. Printed in U. S. A.
p. 94


CANONICAL ELECTIONS
Dissertation By DANIEL M. GALLIHER, O. P., J. C. L.:

“On December 25, 1904, Pius X published a constitution "Vacante Sede Apostolica," in which he determined the present mode of papal election, and at the same time abolished all previous legislation on this point, except that contained in his former constitution "Commissum Nobis," and in that of Leo XIII "Praedecessores Nostri."

"The election of an infidel, heretic, schismatic, or female would be invalid."

"All are equally sworn to secrecy concerning those things which relate to the election under pain of excommunication ipso facto incurred."

"The ballots are counted, verified by the revisors, and burned in the presence of the cardinals."
CANONICAL ELECTIONS
Dissertation
SUBMITTED TO THE FACULTY OF THEOLOGY OF
THE CATHOLIC UNIVERSITY OF AMERICA
IN PARTIAL FULFILLMENT OF THE REQUIREMENTS
FOR THE DEGREE DOCTOR OF CANON LAW
By DANIEL M. GALLIHER, O. P., J. C. L.
Catholic University of America
1917
Nihil Obstat: +THOMAS J. SHAHAN, S. T. D., Censor Deputatus.
Imprimatur: +M. CARD. GIBBONS, Archiepiscopus Baltimorensis.
Approbatio Ordinis
Nihil Obstat:
FR. JOSEPHUS KENNEDY, O. P., S. T. M.
FR. AUGUSTINUS WALDRON, O. P., S. T. M.
Imprimatur: FR. RAYMUNDUS MEAGHER, O. P., S. T. L., Prior Provincialis.
The Rosary Press, Somerset, Ohio
1917
pp. 104-107


A Commentary and Summary of the New Code of Canon Law
Rev. STANISLAUS WOYWOD:

77. The Catholic Church and the Apostolic See have the nature of a legal person by Divine ordinance. (Canon 100)

79. A legal person is of its very nature perpetual. It may be extinguished by suppression by the legitimate authority, or by having ceased to exist for a space of one hundred years. If at least one individual of a collegiate legal person remains, the rights of all rest with that individual. (Canon 102)
THE NEW CANON LAW
A Commentary and Summary of the New Code of Canon Law
By Rev. STANISLAUS WOYWOD, O.F.M.
With a Preface by Right Rev. Mgr. PHILIP BERNARDINI, J.U.D.
Professor of Canon Law at the Catholic University, Washington
New Edition, Augmented by Recent Decrees and Declarations
NEW YORK JOSEPH F. WAGNER (Inc.)
LONDON: B. HERDER
Nihil Obstat:
FR. BENEDICT BOEING, O.F.M.
FR. BENEVENUTUS RYAN, O.F.M.
Imprimi Potest: FR. EDWARD BLECKE, O.F.M. Minister Provincialis, JULY 1, 1918
Nihil Obstat: ARTHUR J. SCANLAN, S.T.D. Censor Librotum
Imprimatur: JOHN CARDINAL FARLEY, Archbishop of New York, NEW YORK, JULY 3, 1918
Copyright, 1918, by JOSEPH F. WAGNER, New York
p. 19, 20


CONSTITUTIO APOSTOLICA
DE SEDE APOSTOLICA VACANTE ET DE ROMANI PONTIFICIS ELECTIONE

ACTA PII PP. XII:

“36. Cardinals that have been canonically deposed or have resigned the cardinalitial dignity with the consent of the Roman Pontiff have no right of election. Indeed, during the vacancy of the See, the Sacred College is not able to reestablish and habilitate, not even for voting, Cardinals who have been deprived [of the cardinalitial dignity] or deposed by the Pope. [29] Bonif. VIII, cap. un., de schismatic., V, 3 in Sext.; Pii IX Litt. Quamquam, 29 Septembris 1867.” (Translated by a Traditional Catholic priest, professor of the Most Holy Trinity Seminary, Florida)

“91. Quae de praecedentibus electionem et de ipsa electione Romani Pontificis hactenus dicta sunt, haec omnia servanda esse declaramus etiam si contingat vacationem Sedis Apostolicae occurrere per renuntiationem Summi Pontificis.”

“93. Item sub eadem poena excommunicationis latae sententiae prohibemus ne quis, etiamsi Cardinalatus honore fulgeat, vivente Romano Pontifice et eo inconsulto, tractare de ipsius Successoris electione, aut aliquod suffragium polliceri, vel hac de causa privatis conventiculis factis aliquid deliberare et decernere praesumat [65] Symmachus Papa in Synod. Rom., c. 2, D. 79; Pauli IV Const. Cum secundum Apostolum, XVII kal. Ian. 1558.”

“97. Iisdem denique, quibus Decessores Nostri, vocibus, S. R. E. Cardinales vehementer hortamur ut in eligendo Pontifice, nulla propensione animi vel aversione ducti, nullius inclinati gratia aut obsequio, non intercessione in saeculo potentium, non vi vel metu vel aura populari moti, sed unice Dei gloriam et Ecclesiae bonum prae oculis habentes, in eum sua vota conferant, quem universali Ecclesiae fructuose utiliterque gubernandae prae ceteris idoneum in Domino iudicaverint [69] Greg. X, cap. 3, Ubi periculum, § 4, de elect., I, 6 in Sext.; Pii IV Const. In eligendis, § 26; Greg. XV Const. Aeterni Patris, § 23; Clem. XII Const. Apostolatus officium, § 5; Pii IX Const. Licet per Apostolicas, VI Idus Sept. 1874; Leonis XIII Const. Praedecessores Nostri; Pii X Const. Commissum Nobis.”
ACTA APOSTOLICAE SEDIS
COMMENTARIUM OFFICIALE
An. et. vol. XXXVIII, 4 Februarii 1946
(Ser. II, v. XIII) – Num. 3, TYPIS POLYGLOTTIS VATICANIS
M-DCCCC-XLVI, ACTA PII PP. XII
CONSTITUTIO APOSTOLICA
DE SEDE APOSTOLICA VACANTE ET DE ROMANI PONTIFICIS ELECTIONE
n. 36, 91, 93, 97
p. 76


THE LIVES AND TIMES OF THE ROMAN PONTIFFS
CHEVALIER ARTAUD BE MONTOR:

"29. ST. MARCELLINUS A. D. 296. THIS Saint, Marcellimis, son of Projectus, a Roman, was, according to some, a Benedictine, and was created pontiff on the 3d of May, A. D. 296.”
“Everything leads to the belief, after Tillemont, that Marcellinus received the crown of martyrdom. He was interred in the cemetery of Priscilla, on the Salarian Way, near the Salarian bridge.
According to Novaes, the Holy See was vacant only six months and twenty four days; but, according to the Diario, the vacancy lasted nearly four years."

"66. SABINIANUS. A. D. 604 ... Sabinianus was elected pontiff on the 13th of September, 604, and consecrated bishop without previously receiving the priesthood..."
"In one ordination in September, Sabinianus created twenty-six bishops; he governed the Church three years, and three months, and nine days; died on the 22d of February, 606, and was interred at the Vatican.
The Holy See remained vacant eleven months, and twenty-eight days."

75. ST. MARTIN I. A.D. 649. SAINT MARTIN I, son of Fabricius, a rich and noble personage of Todi, a town in the States of the Church, was elected pope on the 5th of July, 649, and consecrated without waiting for the consent of the emperor, who afterwards accused him of taking the pontificate irregularly, and without his consent. This pope himself informs us, in a letter which is contained in Labbe's Councils (Vol. v., p. 65), that this was the reason why the pontiff of Rome was persecuted.”
“Beckoning from the departure of Martin to the election of Eugenius, the Holy See remained vacant one year, two months, and twenty days.

"152. DAMASUS II. A. D. 1048. DAMASUS II., originally named Poppo, bishop of Brixen, was recommended for the pontificate by the Emperor Henry III., in 1047, and created pope at Rome, on the 17th of July, 1048."
"He governed only twenty-three days, and died at Palestrina, near Rome, and was interred at Saint Lawrence outside the walls.
The Holy See remained vacant six months and four days."

"153. ST. LEO IX. A. D. 1049. SAINT LEO IX., originally named Bruno, count of Hapsburg, was born in Hapsburg, a town on the frontiers of Lorraine, the Palatinate, and Alsace. He was related to the Emperor Henry III., and a cousin of Gerard of Alsace, duke of Upper Lorraine, from whom descends the house of Lorraine, now reigning in Austria."
"He was then enthroned on the 12th of February, 1049, which was the first Sunday in Lent, and took the name of Leo IX."
"This pope died at the age of fifty-two years, on the 19th of April, 1054, and was interred at the Vatican, near the altar of Saints Andrew and Gregory. Paul V, having found the body in perfect preservation, caused it to be placed with great pomp on the 8th of January, 1606, beneath the altar dedicated in his name, and those of Saints Martial and Valerius.
The Holy See remained vacant eleven months and twenty-five days."

"155. STEPHEN X. A. D. 1057... A general acclamation in the church of Saint Peter in Vincoli, soon forced the modest cardinal to accept the pontificate. On Saint Stephen's day, August 2d, 1057, he was enthroned in the church of Saint John Lateran, and the electors themselves conferred the name of the saint upon the new pontiff."
"Hildebrand, who resided in France, was recalled, and sent as legate to the Empress Agnes, mother of King Henry IV. Stephen then gave a singular order, which strikingly proves his confidence in the greatest servant the Church at that time possessed. The pope, by his entreaties and by his authority, induced the bishops, clergy, and Roman people to consent that, in the event of the pontifical chair becoming vacant, they would not proceed to an election until Hildebrand returned from his legation. The pope then went to Tuscany, and died in the arms of Saint Hugh, abbot of Cluny, at Florence, where he was interred in the church of Santa Reparata.
The Holy See remained vacant eight months and twenty days."

"159. ST. GREGORY VII. A. D. 1073"
"The newly elected Pope was ordained priest in the Basilica of the Lateran, and then consecrated in the Vatican, on the 29th of June, 1073. He is the first pope who, being only a deacon, was then ordained priest. He took the name of Gregory, in memory of Gregory VI., who had been his preceptor."
"He died a sudden death, in 1100. His bones, interred at Ravenna, were carried to a distance from that city six years after, by order of Pascal II. This pope wished to expose the story got up by impostors, that rays of light, signs of his sanctity, had been seen over Clement's grave.
After the death of Gregory VII., the Holy See was vacant a year."

"160. VICTOR III. A. D. 1086. VICTOR III., whose original name was Desiderius, belonged to the family Epiphania, counts of Marsi, and was the son of the prince of the city of Benevento."
"He was the thirty-seventh abbot from Saint Benedict. He filled this office when he was, against his will, elected pope on Whitsunday, May 24, 1086."
"He died at Monte Cassino, of a dysentery, caused, it is said, by poison administered by order of King Henry, that malignant enemy of Gregory VII. Victor was at first interred at Monte Cassino. He was a man distinguished for the sanctity of his life and the glory of his virtues. Victor left books of dialogues upon the miracles of Saint Benedict, and of other monks of Monte Cassino.
The Holy See remained vacant five months and twenty-five days."

"181. CELESTINE IV. A. D. 1241 ... Celestine was elected pope at the place called Sette Soli, by only ten cardinals. The senator and princes of Rome had confined them there, that the election might be the more speedy. Weakened by age and by grief, he survived his election only seventeen days, had not time to publish a single bull, and died on the 5th of October, 1241, unconsecrated. He was interred in the Vatican.
The Holy See remained vacant one year, eight months, and seventeen days."

"184. URBAN IV. A. D. 1261... Being elected on the 29th of August, 1261, he was consecrated on the 4th of September, and received the name of Urban."
"Urban died on the 22d of October, 1264, at Perugia. He governed the Church three years, one month, and four days. He was a man of lofty intellect and prudence. His heart was filled with clemency, kindness, generosity, and many other virtues that may be called truly royal. He left a Paraphrase of the Fathers, and sixty-one letters breathing wisdom and goodness.
The Holy See was vacant five months and two days."

"185. CLEMENT IV. A. D. 1265. CLEMENT IV., originally named Guy Foulquois, belonged to a noble family of Saint Gilles, on the Rhone. It is to be remarked here, that a French man succeeded a Frenchman. Guy was successively soldier, jurisconsult, secretary to Louis IX., married, father of a family, widowed, priest, canon, archdeacon, bishop, cardinal, and pope."
"He ascended the throne with the name of Clement IV., and was crowned on the 22d of February, 1265."
"Clement, weakened by old age and sickness, but full of glory, and of merits in the administration of Holy Church, died at Viterbo, on the 29th of November, 1268, and was interred in the church of the Dominicans...This pontiff, who never entered Rome, governed the Church three years, nine months, and twenty days."
"The Holy See remained vacant two years, nine months, and two days."

"189. JOHN XXI A. D. 1276. JOHN XXI., born of a noble family in the city of Lisbon, Portugal, was originally named Peter, son of Julian." "...he was created cardinal-bishop of Frascati by Gregory X., and finally elected pope at Viterbo, on the 15th of September, 1276, and crowned on the 20th of the same month."
"He died on the 16th of March, 1277, of a bruise on the head, received while visiting a pontifical palace erecting at Viterbo, one of the rooms falling in upon him."
"The Holy See was vacant ten mouths and eight days; and the conclave would have lasted still longer, if the people of Viterbo had not shut up the cardinals in the city palace, to compel them to make a choice."

"190. NICHOLAS III A. D. 1277. THE original name of Nicholas III was John Cajetan Orsini; he was a member of that celebrated family, and a Roman." "He was elected at Viterbo on the 25th of November, 1277, ordained priest at Rome on the 18th of December, consecrated on the 19th, and crowned on the 26th."
"In 1279, on account of the great heat, the Holy Father retired to Viterbo, and died there of apoplexy, on the 22d of August, 1280. The body was conveyed to the Vatican and deposited in the chapel of Saint Nicholas, which he had built."
"The Holy See was vacant ten months and one day."

"192. HONORIUS IV. A. D. 1285. HONORIUS IV., James Savelli, belonged to a very distinguished Roman family. He was a canon of Barcelona."
"James was elected supreme pontiff, in spite of his resistance, on the second day of the conclave, held at Perugia on the 2d of April,1285. At Rome, he received the priesthood on the 14th of May, was consecrated on the 15th, and crowned on the 20th."
"The pope governed two years and two days. He died on the 3d of April, 1287. He was interred in the Vatican, and by order of Paul III. his body was removed afterwards to the church of Araceli.
The Holy See remained vacant ten months and eighteen days."

"193. NICHOLAS IV. A. D. 1288. NICHOLAS IV., named Tineus, of an obscure family in Alessiano, in the diocese of Ascoli, was a Minor Observantine, and became the first gen eral of the Franciscans after Saint Bonaventure, and the first pope of that order."
"When the tiara was offered to him he rejected it, and endeavored to put forth the greater merits of other cardinals. On the 22d of February, 1288, he was unanimously proclaimed, and he was obliged to submit to his coronation on the 24th."
"This pope governed the Church four years, one month, and fourteen days. He died on the 4th of April, Good Friday, 1292"
"The Holy See was vacant two years, three months, and two days. There were twelve cardinals, but they were divided in opinion, six Romans, four Italians, and two French."

"194. ST. CELESTINE V. A. D. 1294. SAINT CELESTINE V. was originally called Peter of Morroni, from a mountain near Sulmona, where he led a solitary life. He was born near the castle of Molisa in the territory of Lavoro, in the year 1215, and was the eleventh of twelve sons of Angelerio, a farmer."
"He was first a Benedictine monk in the monastery of Faifoli, in the diocese of Benevento, which he entered at the age of twenty."
"He was prior of the order when he was elected pope at Perugia, on the 5th of July, 1294"
"He voluntarily resigned the pontificate at Naples, on the 13th of December, 1294, after governing five months and nine days.
Chacon gives the formula of his renunciation:
"We, Celestine, Pope V., moved by legitimate reasons, that is to say, for the sake of humility, of a better life, and an unspotted conscience, of weak ness of body and of want of knowledge, the malignity of the people, and personal infirmity, to recover the tranquility and consolation of our former life, do freely and voluntarily resign the pontificate, the place, the dignity, occupation, and honors of which we expressly renounce and we give full and free faculty to the college of cardinals canonically to elect a Pastor of the Universal Church."
This done, in a consistory publicly held in the city of Naples, he laid aside all the pontifical insignia, and with a noble and modest, yet lofty bearing, seated himself at the feet of the cardinals.
The Holy See was vacant ten days.
For the first time the law of Gregory X., confirmed by Celestine V., was observed, which provided that a conclave should not be commenced until nine days after death or renunciation of a pope.
"
THE LIVES AND TIMES OF THE ROMAN PONTIFFS
FROM ST. PETER TO PIUS IX.
By the CHEVALIER ARTAUD BE MONTOR,
TRANSLATED FROM THE FRENCH
EDITED BY REV. DR. NELIGAN. Vol. I
NEW YORK: PUBLISHED BY D. & J. SADLIER & CO.,
31 BARCLAY STREET.
1867.
Approbation. WE APPROVE OF THE PUBLICATION, BY D. & J. SADLIEB & Co.,
OF ARTAUD'S 'LIVES OF THE POPES'
+ JOHN, ARCHBISHOP of NEW YORK. NEW YORK, March 30th, 1865
. pp. 63, 64, 66, 67, 74, 75,
142, 143, 156-160, 174, 175,
256, 257, 279, 280, 281, 285,
287 288, 294, 299, 315, 316,
317, 421, 435, 437, 439, 441, 442,
455, 456, 457, 458, 463, 466, 467,
468, 469
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