What Happens When the Pope Dies? An Overview of Pius XII's Vacantis Apostolicae Sedis (1945)
PIUS,
BISHOP,
SERVANT
OF THE SERVANTS OF GOD,
FOR
PERPETUAL REMEMBRANCE
APOSTOLIC
CONSTITUTION
VACANTIS
APOSTOLICAE SEDIS
ON THE VACANT APOSTOLIC SEE AND THE ELECTION OF THE ROMAN PONTIFF
Throughout
the centuries, Our Predecessors have consistently regarded it as a solemn duty
to determine and prescribe the norms to be observed in the most serious affair
entrusted to the Church by divine institution—namely, the election of the
successor to the blessed Peter, Prince of the Apostles—who, in this earthly
realm, exercises the office of Christ Jesus, Our Lord and Saviour, and, as
Supreme Pastor and Head, feeds and governs the entire flock of the Lord.
However,
as the laws concerning the election of the Roman Pontiff had increased in
number, it was deemed necessary to unify and compile them into a single corpus;
certain laws, due to changing circumstances, had become less suited to
particular conditions. Therefore, Our predecessor of happy memory, Pius X,
forty years ago, with prudent counsel, resolved to select and reduce these laws
into a single body, which he promulgated by the celebrated Constitution Vacante
Sede Apostolica, issued on 25 December 1904.
meanwhile, Pius XI of blessed memory deemed it necessary to amend
certain provisions of this Constitution, as the circumstances and exigencies of
the times seemed to require. Likewise, We, for the same reasons, have
considered that further reforms are necessary.
Wherefore, after mature consideration, with full knowledge and in the fullness of Our Apostolic power, We have resolved to issue and promulgate this Constitution, which is identical as that given by Our predecessor Pius X, but thoroughly revised. ''By which''—to use the words of the same Predecessor—''the Sacred College of Cardinals shall solely use during the vacancy of the See of Peter and in the election of the Roman Pontiff.'' Accordingly, the Constitution Vacante Sede Apostolica, issued by Our predecessor Pius X, is hereby abrogated. The following shall constitute the principal chapters of Our present Constitution:
TITLE I - ON THE VACANCY OF THE APOSTOLIC SEE
CHAPTER I: On the Power of the Sacred College of Cardinals During the Vacancy of the Apostolic See
1.
During the vacancy of the Apostolic See, the Sacred College of Cardinals shall
have no power or jurisdiction in matters which pertained to the Supreme Pontiff
while he was alive. It is not permitted to grant favours or dispense justice,
nor to execute anything that has been granted or commanded by the deceased
Pontiff; rather, all such matters are to be reserved to the future Pontiff.[1] We therefore decree that
any exercise of power or jurisdiction proper to the Roman Pontiff during his
lifetime—unless expressly permitted by
Our Constitution—shall be null and void if attempted by the College of
Cardinals during the vacancy of the See.[2]
2.
Likewise, We ordain that the Sacred College of Cardinals may not in any manner
dispose of the rights of the Apostolic See or the Roman Church, nor attempt to
diminish those rights, whether directly or indirectly—under the guise of
connivance or by failing to act against violations of those rights committed
even after the Pontiff’s death or during the vacancy. On the contrary, it must
employ all its strength to guard and defend those rights.[3]
3. The laws enacted by the Roman Pontiffs may not, during the vacancy of the Roman Church, be altered or modified in any way by the assembly of Cardinals, nor may anything be subtracted from or added to them, nor may any dispensation be granted concerning them or any part thereof. This applies especially to the Pontifical Constitutions issued to regulate the election of the Roman Pontiff. [4]Indeed, should anything be done or attempted contrary to this prescription, We declare it null and void by Our Supreme Authority.
4. Should any doubts arise concerning the interpretation of the prescriptions contained in this Our Constitution, or concerning the manner in which they are to be applied, or regarding any other provision of this Our Constitution, We decree and declare that the authority to issue a judgement on these matters resides solely with the Sacred College of Cardinals. To this end, We grant the Sacred College of Cardinals full faculty to interpret this Constitution and to settle any disputes. In this matter, as in other deliberations concerning the provisions of this Our Constitution—excepting the act of election itself—it shall suffice for the majority of the assembled Cardinals to agree on the same opinion.[5]
5. Likewise, in the case of urgent business which, by the will of the majority of the assembled Cardinals, cannot be deferred to another time, the College have the right and duty, according to the majority, to make appropriate provisions.[6]
CHAPTER II - On the Congregations of the Cardinals
6.
During the vacancy of the Apostolic See, there shall be two types of
Congregations of Cardinals: one general, comprising the entire College, and the
other particular, consisting of the three senior Cardinals, one from each
Order, together with the Camerlengo of the Holy Roman Church. The term of
office of these latter shall end on the third day after the beginning of the
Conclave, whereupon three others, next in seniority in each Order, shall take
their place alongside the same Camerlengo.[7]
7.
In these particular congregations—which may be held either before or after the
beginning of the Conclave, only matters of lesser importance or
those arising within three days or occasionally shall be addressed. Issues
of greater weight and complexity must be referred to the general congregation,
that is, to the full College of Cardinals. Furthermore,
decisions, resolutions, or denials made in one particular Congregation may not
be revoked, altered, or granted in another; the right to do so shall belong
solely to the general Congregation by a majority of votes.[8]
8.
General congregations of the Cardinals shall be held in the Apostolic Vatican
Palace, or, if circumstances so demand, in some other more suitable place, as
judged by the Cardinals themselves. These Congregations shall be presided over
by the Dean of the Sacred College of Cardinals, or, if he is impeded, by the
Subdean.
9.
In matters of greater importance, votes in the congregations of the Cardinals
shall be cast not orally but by secret ballot.
10.
Among the general congregations, special mention is due to those held before
the Conclave begins. These may be called preparatory congregations.
11.
The general preparatory Congregations must be held daily, beginning on the day
following the death of the Pontiff, as determined by the prudent judgement of
the three senior Cardinals of each Order and the Camerlengo, until the day the
Cardinals enter the Conclave. This shall occur even on the days when the
funeral rites of the deceased Pontiff are being performed. The purpose is to
allow the Cardinal Camerlengo to seek the opinion of the Sacred College and
communicate with it regarding matters deemed necessary or appropriate, and to
enable individual Cardinals to express their views on current issues, seek clarifications
on doubtful matters, and propose suitable measures.
12.
In these aforementioned general congregations, the following matters are to be
addressed[9] (the order of business
being previously communicated to the Cardinals):
a)
In the first congregations, this present Constitution is to be read in full.
After its reading, all Cardinals present are to take an oath according to the
prescribed formula.[10] Cardinals who arrive
later must likewise take this oath, whether before or after the beginning of
the election.
b) The Cardinals shall
promptly decide and arrange all matters of utmost urgency necessary for
initiating the Conclave.
c) The day, hour, and
manner of transferring the body of the deceased Pontiff to the Basilica of
Saint Peter must be established, where it shall be exposed for public
veneration according to custom.
d) The Cardinals shall
make appropriate arrangements for the Pontifical funeral rites to be celebrated
over nine consecutive days and shall designate the dates on which the first six
Masses are to take place.[11]
e) Two ecclesiastics
shall be appointed to deliver the orations De Pontifice Defuncto (On the
Deceased Pontiff) and De Eligendo Pontifice (On the Election of the Pontiff).
f) A day shall be established on which, if requested, access to the Sacred
College may be granted to the representatives of civil governments and to the
Knights of the Order of Jerusalem. However, these representatives shall only be
admitted collectively, and no individual shall be granted the opportunity to
approach the Sacred College.
g) Special commissions of
two or three Cardinals each shall be appointed: Specific groups of two or three
Cardinals, commonly called Commissions, shall be appointed:
a) to examine the
qualifications of Conclavists and approve them[12], to designate those who
will serve the Conclave in any capacity, and to regulate and supervise such
services;
ß) to oversee the arrangement
and sealing of the Conclave and to assign the cells therein.[13]
h) The expenses of the
Conclave shall be proposed and approved.
i) Letters from Emperors,
Kings, and other heads of state, as well as reports from Nuncios and anything
else of concern to the Sacred College, shall be communicated to it.
k) Any documents left to
the Sacred College by the deceased Pontiff shall be read.
l) The Ring of the
Fisherman and the lead seal of the Apostolic Chancery shall be broken.
m) The cells in the
Conclave shall be distributed by lot to the Cardinals[14], unless a Cardinal’s age
or infirmity suggests an alternative arrangement.
n) The date and hour of
entry into the Conclave shall be determined.
CHAPTER III - Concerning Certain Particular Offices during the Vacancy of the Apostolic See
13.
The offices of the Camerlengo of the Holy Roman Church and the Major
Penitentiary do not cease upon the death of the Pontiff.[15]
14.
However, if either or both of these offices are vacant at the time of the Roman
Pontiff’s death, or if the vacancy should occur before the election of a new
Pontiff, then in the first General Congregation—in the former case—or another
General Congregation held within three days after the subsequent vacancy of
either of the offices as mentioned above, the votes or suffrages of the
Cardinals, assembled, shall be sought and cast by secret ballot, to designate
one who shall act in place of the Camerlengo or the Major Penitentiary of the
Holy Roman Church until the election of a new Pontiff. These ballots shall be
collected by the Masters of Ceremonies, including from the infirm Cardinals.
They shall be opened in the presence of the three most senior Cardinals by
order, together with the Secretary of the Sacred College and the same Masters
of Ceremonies. The one who receives the greater part of the votes or suffrages
shall be deemed duly designated, and to him shall be attributed all faculties
that the Camerlengo or Major Penitentiary of the Holy Roman Church could
exercise for as long as the See remains vacant.[16] Should the votes be
equal, the one of higher rank in Order shall be deemed designated, or, if of
the same Order, the senior by promotion—namely, to the episcopal Order among
the Cardinals of that Order, or by elevation to the sacred purple among
Cardinals of the other Orders.
15.
During the vacancy of the Apostolic See, the Cardinal Camerlengo of the Holy
Roman Church assumes responsibility for the care and administration of the
goods and temporal rights of the Holy See. He is assisted in his office by the
Cardinals who are then heads of the Orders by seniority, and for lesser matters
he may consult them once, but for graver matters the suffrages of the Sacred
College are always to be obtained. Therefore, as soon as the Prefect of the
Papal Household notifies him of the death of the Pontiff, the Camerlengo shall
proceed to the Apostolic Vatican Palace to take possession thereof, whether
personally or through a delegate, and likewise of the Palaces at the Lateran
and Castel Gandolfo, and shall exercise governance over them. It shall also
fall to the Camerlengo to recognise the Pontiff's death juridically[17], in the presence of the
Prelates and Clerics of the Apostolic Camera, along with the
Secretary-Chancellor, whose responsibility it is to draw up the authentic
record of the death. He shall determine, having heard the Cardinal heads of the
Orders, the manner of preserving the body of the deceased Pontiff in a way most
suitable to the conditions of the time—unless the Pontiff himself, while
living, had expressed his will on the matter. He shall seal the private
apartments of the Pontiff; inform the Cardinal Vicar of Rome of the death, who
shall notify the Roman people by a special Edict; and, in the name and with the
consent of the Sacred College, ensure all necessary measures are taken to
safeguard the rights of the Apostolic See and to manage its temporal
administration appropriately in light of the circumstances.
16.
The Cardinal Dean of the Sacred College, as soon as he is informed of the
Pontiff’s death by the Prefect of the Papal Household, shall notify the other
Cardinals of the vacancy of the Apostolic See, summon them to the Apostolic
Palace, and also communicate the death of the Pontiff to the ambassadors of
foreign nations and to the sovereigns or supreme rulers thereof.
17.
The Major Penitentiary and his officials, during the vacancy of the See, shall
continue to perform and dispatch those matters which were established and
determined by the late Pius XI of happy memory.[18]
18.
The office of the Chancellor of the Holy Roman Church does not expire upon the
death of the Roman Pontiff. However, the issuing of Apostolic Letters under
lead seal by him is suspended during the vacancy of the Apostolic See. The
office of the Datary, however, wholly ceases with the death of the Pontiff.[19]
19.
Likewise, the office of the Cardinal Secretary of State ceases upon the death
of the Pontiff. During the vacancy of the See, the Secretary of the Sacred
College shall carry out that office. Should this office itself already be
vacant, or become vacant during the time the Apostolic See is vacant, it shall
fall to the Sacred College to appoint someone to it by a plurality of votes, to
fulfil its duties for as long as the Apostolic See remains vacant.
20.
By contrast, the office and jurisdiction of the Cardinal Vicar of the City do
not expire with the death of the Roman Pontiff. However, should the Vicar of
Rome die during the vacancy of the See, in order that the faithful of the City
and District may not suffer spiritual detriment, the existing Vicegerent shall,
for as long as the See remains vacant, possess all and singular the faculties,
authority, and power that pertained in any manner to the Vicar in the exercise
of his office—faculties which the Pontiff, when the See is full, may sometimes
bestow temporarily upon the Vicegerent until a new Vicar is appointed.[20]
21.
Similarly, the offices and powers of Apostolic Legates, Nuncios, and Delegates
do not cease with the vacancy of the See.
22.
Fully recognising that at this most solemn time—when the matter of electing a
new Pontiff is at hand—the divine assistance is to be more earnestly sought
through constant prayer and other works of Christian piety and charity, we
therefore both commend and desire to be maintained the laudable custom observed
hitherto, whereby the late Pontiff’s Almoner continues to exercise his office
under the due subjection to and dependence upon the Sacred College of Cardinals
until a new Pontiff is elected, and whereby the same sum of money that was
usually distributed during the life of the Pontiff shall be dispensed to the
poor and needy during the vacancy of the See by the said Almoner. To this end,
the customary authorisation shall be issued by the three most senior Cardinals
by Order, or by those delegated.[21]
23. During the vacancy of the Apostolic See, the entire civil authority of the Roman Pontiff over the governance of the Vatican City State devolves upon the Sacred College of Cardinals, which, however, may not enact laws unless necessity so demands, and only for the duration of the vacancy of the See. These shall have force in the future only if the new Pontiff chooses to confirm them.[22]
CHAPTER IV - On the Sacred Roman Congregations and Tribunals and their Faculties during the Vacancy of the Apostolic See
24.
Concerning the faculties of the Sacred Roman Congregations during the vacancy
of the Apostolic See, the following norms are to be observed by all,
notwithstanding any privileges whatsoever.
25.
The Sacred Congregations, during the said vacancy, possess no authority in
those matters which, under a reigning Pontiff, cannot be transacted or resolved
without express communication with His Holiness, or by an audience with His
Holiness, or by virtue of special and extraordinary faculties customarily
granted by the Roman Pontiff to the Prefects or Secretaries of those same
Congregations.
26.
However, those faculties which have been conferred upon them by Apostolic
Letters and are thus considered ordinary and proper to the respective
Congregations are not nullified by the death of the Roman Pontiff.
27.
Nevertheless, it is Our will that these ordinary faculties be freely employed
by the Sacred Congregations solely in the granting of favours of lesser
importance, according to the prudence required by circumstances. In the handling
and resolution of matters of greater weight or which appear to be contentious,
We decree that if the matter in question can be deferred, it shall be entirely
reserved to the future Pontiff. If, however, it admits of no delay, then We
permit the Sacred College to entrust the matter to the Prefect and certain
other Cardinals of that Congregation to which the Pontiff would likely have
referred it for examination. These, having diligently considered the matter,
may issue determinations thereon by way of provisional provision, until such
time as a new Pontiff is elected, judging in accordance with the prudence
granted to them by God what is fitting and consonant with the preservation and
protection of ecclesiastical rights and norms.[23]
28. The Tribunal of the Sacred Roman Rota and the Supreme Tribunal of the Apostolic Signatura shall continue to administer justice during the vacancy of the See in accordance with their proper laws, provided that the prescriptions of canons 244 §1 and 1603 §2 of the Code of Canon Law are observed.
CHAPTER V - On the Funeral Rites of the Roman Pontiff
29.
Upon the death of the Roman Pontiff, the Cardinals shall perform funeral rites
for the repose of his soul according to custom, for nine consecutive days,
unless during those nine days a principal and solemn feast should occur which,
by reason of its observance, would seem to necessitate the suspension of the
funeral rites, or should some truly grave and urgent cause arise which, in the
prudent judgement of the Cardinals, requires the order of the funeral rites to
be interrupted. If such interruption occurs, the rites shall be resumed, time
permitting. The final three days of the novendial rites shall be celebrated
with greater solemnity; and on the last of these, a eulogy concerning the
deceased Pontiff shall be delivered by an ecclesiastic appointed for that
purpose.
30.
If the burial takes place in the Vatican Basilica, the authentic record of the
burial shall be drawn up by the Notary of the Chapter of the same Basilica.
Thereafter, a Cleric of the Reverend Apostolic Camera and a delegate appointed
by the Prefect of the deceased Pontiff’s Secret Chamber shall each separately
prepare documents attesting to the completion of the burial—the first before
the Reverend Apostolic Camera, the second before the Prefect of the Secret
Chamber [24]
31. Should the Roman Pontiff happen to die outside the City, it shall fall to the Sacred College of Cardinals to make all suitable arrangements for the dignified and decorous transfer of the body to the Vatican Basilica of Saint Peter.
TITLE
II - ON THE ELECTION OF THE ROMAN PONTIFF
CHAPTER I - On the Electors of the Roman Pontiff
32. The right
of electing the Roman Pontiff belongs solely and exclusively to the Cardinals
of the Holy Roman Church, with the absolute exclusion and removal of any
intervention whatsoever on the part of any other ecclesiastical dignitary or
secular authority, regardless of rank or order.[25]
33. Should it
occur that the Roman Pontiff dies while a General Council is in
progress—whether it be held in Rome or in any other part of the world—the
election of the new Pontiff must be conducted solely and exclusively by the
College of Cardinals of the Holy Roman Church, and in no way by the Council itself.
Any acts of the Council which, in any manner whatsoever, appear rashly to
infringe upon the exclusive right of the Sacred College of Cardinals, are
hereby declared null and void by the law itself. Furthermore, all other
persons—however designated, even if appointed by authority of the Council—are
entirely excluded from the conduct of the election, with the sole exception of
the aforementioned Cardinals. Indeed, in order that the said Cardinals may
proceed with greater freedom and facility in such an election, all obstacles
and opportunities for disturbance and dissension being removed, the Council, in
whatever state or phase it may be, is to be understood as suspended by the law
itself as soon as certain news of the Pontiff's death has been received. It
must therefore cease immediately from all meetings, assemblies, and sessions,
and from the formulation of any decrees or canons, under penalty of nullity
thereof, and may not resume for any reason whatsoever—even one seemingly most
grave and worthy of special mention—until the new Pontiff, canonically elected,
orders its resumption and continuation.[26]
34. No
Cardinal may be excluded in any way from active or passive participation in the
election of the Supreme Pontiff by reason or pretext of any excommunication,
suspension, interdict, or other ecclesiastical censure. Such censures are
hereby suspended solely for the purpose of this election, though they shall
otherwise remain in force.[27]
35. Once a
Cardinal of the Holy Roman Church has been created and published in Consistory,
he immediately acquires the right to vote in the election of the Pontiff, even
if the red hat has not yet been conferred upon him, or the ''closed mouth'' has
not been imposed, or, if it has, not yet opened. For the rite of ''closing the
mouth'' does not pertain to the essential faculty of Cardinals with respect to
the election of the Supreme Pontiff, but is rather a ceremonial act introduced
to serve as a reminder to the Cardinals of the modesty which they ought to
observe in such matters and in other ecclesiastical acts.[28]
36. Cardinals
who have been canonically deposed, or who have resigned the dignity of the
cardinalate with the consent of the Roman Pontiff, have no right to participate
in the election. Indeed, during the vacancy of the See, the Sacred College has
no power to reinstate or render eligible any Cardinal deprived or deposed by
the Pope, not even to grant them a vote.[29]
37. We also
decree that, upon the death of the Pontiff, the Cardinals present must wait for
absent Cardinals for only fifteen full days. However, the College of Cardinals
may, if it sees fit, extend the entrance into Conclave by a further two or
three days. In any case, no more than eighteen days may elapse from the
celebration of the Pontiff's funeral rites[30];
and on the eighteenth day at the latest, all Cardinals then present must enter
the Conclave and proceed with the election.[31]
38. If absent
Cardinals arrive before the election is concluded—that is, before the Church
has been provided with a Pastor—they shall be admitted to the process in the
state in which they find it.[32]
39. We
strictly command and enjoin all Cardinals, under holy obedience, that once they
have been informed by the Dean of the College of Cardinals (or, if he is
impeded, by another Cardinal) of the vacancy of the Apostolic See and have been
summoned to the election of a new Pontiff, they must, unless impeded by a
legitimate obstacle recognised by the College, comply with the summons and
promptly proceed to the location designated for the election.[33]
40. Should
anyone refuse to enter the Conclave or, having entered, depart without a
manifest reason of ill health confirmed by medical testimony and approved by
the majority of Cardinals, he shall be disregarded and excluded from further
participation in the election. The remaining Cardinals shall proceed freely
with the election of the Supreme Pontiff. However, if a Cardinal must leave the
Conclave due to illness, the election may proceed without his vote while the
illness endures; should he recover and wish to return, he shall be readmitted.[34]
41. All
Cardinals who are not hindered by illness must, when the conclave bell is rung
for the third time in the customary manner, assemble for the scrutiny. Whoever
fails to comply with this obligation incurs the penalty of excommunication
latae sententiae.[35]
42. Finally, in order to recall appropriately the regulations already established[36]concerning the dress proper to Cardinals of the Holy Roman Church during the vacancy of the See, the following shall be observed: the so-called cardinalitial habit, during the vacancy, shall be violet and made of wool, as shall be the cappa. The sash shall be of silk, violet in colour with golden tassels; likewise the collar and stockings. A plain rochet with embroidered hem and cuffs—no more than three centimetres in height—shall be worn. Over the rochet, the mozzetta without the mantelletta shall be worn. The skullcap and biretta shall be red and made of wool; the usual red galero is to be worn; shoes are to be black. Cardinals from monastic and mendicant Orders shall wear their proper religious habit according to custom. In the General Congregations held prior to the Conclave, the Cardinals shall wear the rochet and mozzetta; the same attire shall be used during the scrutinies in the Conclave. During liturgical functions known as Cappellae, they shall wear the cappa.
CHAPTER II - On the Conclavists and Others Participating
in the Conclave
43. Each Cardinal in the Conclave may employ two attendants, clerical or
lay, or one of each; however, he may only bring one layman.[37] For Cardinals who are infirm or
seriously ill, a third assistant may be granted by consent of the majority of
the Sacred College, or by the Cardinal Camerlengo of the Holy Roman Church
together with the Heads of the Orders, with the consent of the majority of the
Sacred College.[38]
44. No
Prelate may serve as a Conclavist, nor may any person related to a Cardinal by
blood or marriage in the first or second degree, even if they live at the
Cardinal’s expense, nor anyone of the same religious Order or Congregation.
Moreover, no one bearing such a relation may serve any other Cardinal in the
Conclave, regardless of whether a relationship of kinship or religious
association exists. The Cardinals deputed for this task must diligently
investigate, and approve, the qualifications of the Conclavists before entry
into the Conclave, ensuring they are marked by moral integrity, exceptional prudence,
and distinguished devotion to the Holy See; this scrutiny is to be repeated
after their entry.[39]
45.
Conclavists must solemnly and religiously swear the prescribed oath in
accordance with the gravity of the matter. It shall be the responsibility of
the Cardinal Camerlengo of the Holy Roman Church to ensure that this oath is
administered at least one or two days prior to their entry into the Conclave,
once each of them has thoroughly understood the import of the oath and the
meaning of its formula.[40]
46.
Conclavists and any other servants may not leave the Conclave except in the
case of manifest and notable illness confirmed by sworn testimony of the
physicians and with the consent of the deputies, whose conscience is thereby
burdened. Their replacements, if necessary, must enter at the same time as the
ailing ones exit, must have been legitimately approved and admitted, and must
already be bound by the same oath.[41]
47. If a
Cardinal dies while in the Conclave, his Conclavists must immediately depart
and may not thereafter be employed in the service of any other Cardinal within
the same Conclave.[42]
48. The Secretary
of the Sacred College, the Sacristan of the Apostolic Palace (with one or more
Clerics assisting in the Sacristy, at the discretion of the Sacred College),
the Prefect of the Apostolic Ceremonies, and no more than six Masters of
Ceremonies may enter the Conclave to perform the duties assigned to them.
49. Also
present shall be one Religious for hearing confessions, two Physicians, one
Surgeon, and one Apothecary with one or two assistants, all of whom are to be
elected by the majority of the Cardinals or by the Cardinal Camerlengo together
with the Heads of the Orders and with the consent of the majority of the
Cardinals. Other servants necessary for the function and convenience of the
Conclave may be admitted, but they must not exceed the number strictly required
by necessity, and they are to be chosen by the Commission of Cardinals (cf. n.
12g).[43]
CHAPTER
III-On Entry into the Conclave[44]
50. After the funeral rites of the deceased Pontiff
have been celebrated, as described above, and the Conclave has been duly
prepared, the Cardinals shall gather on the appointed day in the Basilica of
Saint Peter, or in another suitable location, where the Dean of the Sacred
College, or, if he is impeded, the most senior Cardinal, shall celebrate the
Mass De Spiritu Sancto. At the conclusion, an oration shall be delivered by a
Prelate or another learned ecclesiastic, exhorting the Cardinals to lay aside
all private interests and, with eyes fixed solely on God, to provide the Holy
Roman and Universal Church with a shepherd both suitable and worthy, employing
all possible brevity and diligence.
51. Once the sacred rite has concluded, the entry into
the Conclave shall immediately proceed, or, if the Fathers so prefer, in the
evening. The Master of Ceremonies, bearing the Papal Cross, leads the
procession: the Cardinals follow in order—first the Bishops, then the Priests,
lastly the Deacons—all vested in violet wool mozzettas with silk cinctures of
the same colour and a simple rochet. Preceding the Cardinals are their
attendants, and immediately before them the Choir singing the hymn Veni,
Creator Spiritus. After the Cardinals come the Prelates, and in this order
they enter the Conclave. Upon arriving at the chapel, the Dean of the Cardinals
recites the prayer Deus qui corda fidelium before the Altar. Once the
Prefect of the Apostolic Ceremonies has given the command Extra omnes,
the present Constitution is read again (excluding provisions referring to
matters already concluded), and all Cardinals solemnly take the oath in the
form previously prescribed. The Dean then briefly exhorts the Cardinals, with
fitting words, to conduct the election properly and duly.
52. After these things are completed, the Prefect of
the Secret Apostolic Chamber, who is the Governor of the Conclave, and the
Marshal of the Holy Roman Church, the Custodian of the Conclave, must swear the
prescribed oaths in the presence of the Dean and all the Cardinals.[45]
The same obligation falls upon the Prelates entrusted with the keys of the
Conclave: namely, the Archbishops and Bishops Assistants at the Pontifical
Throne, the Apostolic Protonotaries de numero Participantium, the Auditors of
the Sacred Roman Rota, and the Prelates Clerics of the Apostolic Chamber.[46]
53. Once these formalities are complete, the Cardinals
retire to their cells, assigned to them by lot, with the exception of the
senior Cardinal in each Order and the Cardinal Camerlengo, who remain in the
Chapel to oversee the sealing of the Conclave. Meanwhile, the Conclave
officials and other personnel who have already taken their oath (cf. n. 45)
renew it in the prescribed manner before the Secretary of the Sacred College,
in the presence of the Prefect of the Apostolic Ceremonies and deputies
appointed by the Cardinal Camerlengo, before whom the oath was previously
taken.[47]
54. When the bell has been rung three times at the
command of the Cardinal Dean, and all who should not remain in the Conclave
have exited, torches are lit and the three senior Cardinals of each Order
together with the Cardinal Camerlengo, the Secretary of the Conclave, the
Prefect and Masters of Ceremonies, and the Architect of the Conclave shall
carefully inspect every recess and corner to ensure that no one forbidden has
remained inside. Thereafter, the Conclave shall be sealed from within, and the
keys shall be entrusted to the Cardinal Camerlengo and the Prefect of the
Apostolic Ceremonies. Those permitted to remain include the Cardinal attendants
and other officials and ministers mentioned above. All Conclavists must then
enter the chapel and be individually counted, to ensure that no forbidden
persons are among them.
55. Simultaneously, the Conclave shall be sealed from
the outside by the Governor and Marshal of the Conclave, each with their
retinue, as well as the Dean of the Clerical Prelates of the Apostolic Chamber
and the Secretary-Chancellor appointed by the Cardinal Camerlengo, accompanied
by the Masters of Ceremonies and Architects. All due precautions and
inspections must be performed, and the keys shall be handed over to the
Marshal-Custodian.
56. Two official documents attesting to the dual closure of the Conclave must be drawn up: one by the Prefect of the Apostolic Ceremonies, the Secretary of the Conclave, and the Prefect acting as notary, signed also by two Masters of Ceremonies as witnesses; the other by a Prelate of the Clerics of the Apostolic Chamber and the Secretary-Chancellor appointed by the Cardinal Camerlengo, and this is to be signed in the residence of the Marshal of the Conclave by the Marshal himself, the Governor of the Conclave, the General Commissioner of the same Conclave (who must be a member of the College of Advocates of the Consistorial Court),[48] and the Governor of Vatican City.[49]
CHAPTER IV - On the Enclosure of the Conclave, and the
Obligation to Maintain Secrecy Regarding All Matters Conducted Therein
57. The
election of the Supreme Pontiff must take place within the Conclave, and within
one that is enclosed.[50]
However, the nullity of the election as formerly decreed by Gregory XV (or any
other pontifical decree) on this matter is hereby abrogated.
58. The
Cardinals appointed for the time being are likewise bound, either personally or
through others, to visit frequently the cells of the Cardinals and the other
areas of the Conclave and to investigate diligently, lest the enclosure of the
Conclave be in any way violated. Should any such violation be discovered, the
perpetrators are to be expelled from the Conclave and subjected to severe
penalties at the discretion of the future Pontiff.[51]
59. Once the
Conclave has been enclosed, no one is to be admitted to converse with the
Cardinals or with others taking part therein, unless in the presence of the
Prelates to whom the custody of the Conclave has been entrusted, and unless the
conversation is conducted in a clear and intelligible voice and language. And
if anyone, God forbid, should secretly enter the Conclave, he shall ipso
facto be deprived of all honour, rank, office, and benefice.[52]
60.
Furthermore, We will that no letters or writings of any kind, even those
printed in type, may be sent to those within the Conclave (including the
Cardinals of the Holy Roman Church themselves), nor, above all, from those
within to persons outside, unless each and every item be first submitted to the
examination and inspection of the Secretary of the Sacred College together with
the Prelates deputed for the custody of the Conclave. However, an exception is
granted to the correspondence between the Office of the Sacred Penitentiary and
the Cardinal Major Penitentiary residing in the Conclave: such letters,
provided they bear the seal of the Office, shall not be subject to any
inspection or scrutiny. We absolutely forbid the sending of daily or periodical
newspapers into or out of the Conclave.[53]
Anyone acting in contravention of any of the foregoing provisions shall incur a
latae sententiae excommunication.[54]
61. Moreover, as already stated in the aforementioned forms of oath, both for the Cardinals of the Holy Roman Church and for their Conclavists, We strictly command and ordain that all persons participating in the Conclave must most scrupulously observe secrecy regarding everything that pertains to the election of the Roman Pontiff and all that occurs within the Conclave or at the site of the election. Accordingly, they are absolutely obliged to avoid and refrain from any acts—whether words, writings, signs, or anything else whatsoever—that might directly or indirectly violate that secrecy.[55] Violators of this law shall incur a latae sententiae excommunication, from which, as from all other penalties of excommunication imposed or to be imposed in this Constitution against any persons whatsoever, no one—not even the Major Penitentiary—may absolve by any authority whatsoever, except the Roman Pontiff himself, unless at the point of death.[56]
62. In
particular, under the same penalty of excommunication, We prohibit the
Cardinals from disclosing to their households, Conclavists, or to any others
whatsoever, anything that directly or indirectly concerns the scrutiny of
votes, as well as anything transacted or decreed in the Congregations of
Cardinals held either before the Conclave or during it concerning the election
of the Pontiff.
63. We
further strictly command, under grave obligation of conscience, that the
Cardinals of the Holy Roman Church maintain this secrecy even after the
election of the new Pontiff has been concluded, and that they may not in any
way violate it unless the same Pontiff shall have granted special permission or
an express dispensation to that effect. This precept shall apply equally to all
others who took part in the Conclave, should they by any means, in good or ill
faith, have come to know anything regarding the proceedings within.
64. Finally,
to ensure the stricter observance of secrecy, We absolutely prohibit the
introduction into the Conclave, under any pretext whatsoever, of telegraphic,
telephonic, microphonic, radiophonic, photographic, cinematographic, or any
similar devices.
CHAPTER V - On the Manner of Election[57]
65. On the
morning following the enclosure of the Conclave on the previous evening, and
after the customary ringing of the bell, the Cardinals present who are not
impeded by illness shall gather in the designated Chapel. There, following the
celebration of the customary Mass and the Communion of the Cardinals who, for
any reason, have voluntarily refrained from celebrating the Sacred Rites,[58]
and after the Sacrist has recited the hymn Veni, Creator Spiritus with
the prayer to the Holy Spirit, and the Prefect of Apostolic Ceremonies has read
the instruments attesting to the double enclosure of the Conclave, the
Cardinals must immediately proceed to the business of election. This must be
conducted according to one of the three forms described below, otherwise the
election shall be null and void.
66. The
first method is that which is called by inspiration, when, seemingly
moved by the Holy Spirit, all the Cardinals unanimously and with one voice
freely and spontaneously proclaim someone as Supreme Pontiff. Regarding this
mode, the following points are to be noted:
First, this form of election may be employed only within the Conclave, and
after it has been enclosed.
Second, the election according to this form must be carried out by all and each
of the Cardinals present in the Conclave, including those confined to their
cells due to illness.
Third, the election must be unanimous, with not a single dissenter.
Fourth, there must be no prior discussion of any particular person, and the
word eligo (''I elect''), clearly spoken or written (if spoken
expression is not possible), must be used.
An example might be as follows: if, once the Conclave has been enclosed,
without any prior discussion of a particular individual, one of the Fathers
should say:
''Most Reverend Lords, having considered the
singular virtue and uprightness of the Most Reverend Lord N., I judge that he
ought to be elected as Supreme Pontiff, and I hereby elect him as Pope.''
Then, if all the other Fathers, without exception,
follow the opinion of the first speaker and, using the same word eligo,
clearly spoken or written if necessary, jointly elect the same N. (of whom no
prior discussion was held), he shall be canonically elected and be the true
Pope according to this form of election, which is termed by inspiration.
67. The
second method is by compromise, when, in certain particular
circumstances, the Cardinals, wishing to proceed to the election by this means,
delegate to some of their number the power to elect, entrusting them to provide
for the Church a Pastor on behalf of all. This method is to be conducted as
follows:
First, all and each of the Cardinals present in the enclosed Conclave,
unanimously and without any dissent, entrust the election to certain of their
number (i.e., three, five, or seven—not fewer or more), in a formula such as the
following:
''In the name of the Lord, Amen. In the year ...,
month ..., day ..., We, the Bishops, Priests, and Deacons, Cardinals of the
Holy Roman Church, all and each of us present in the Conclave, namely N., N.
(and here each Cardinal is individually named), hereby agree to proceed by way
of compromise, and unanimously and concordantly, with no dissent, we elect as
compromissaries N., N., and N., Cardinals, etc., to whom we grant full
authority and power to provide the Holy Roman Church with a Pastor under the
following conditions...''
(Here it is necessary for the Cardinal Electors to specify the manner and form
according to which the Compromissaries are to elect, and according to which the
one elected is to be regarded as the true and legitimate Pope. For example, if
three Compromissaries are appointed, it must be stated whether they must first
propose the candidate to the Sacred College, or may proceed absolutely to
election; whether all three must agree on one person, or whether agreement
between two suffices; whether they may choose someone from outside or only from
within the College; and similar matters.)
Furthermore, the compromise must specify the time
period during which the Cardinals wish the Compromissaries to possess the power
of electing. The following words should then be added:
''And we promise that we shall consider him as
Roman Pontiff whom the said Compromissaries, according to the form stated
above, shall determine to be elected,''
or other wording suited to the form prescribed to the Compromissaries.
Second, once the mandate is completed, the
Compromissaries withdraw to a separate and enclosed place, and there conduct
their deliberations. Among them, it is necessary to make a declaration that no
expression of consent is to be taken from any spoken words unless it is
expressly set down in writing. This declaration is necessary among the
Compromissaries so that they may speak humanly and courteously with one another
without prejudice.
Third, once the Compromissaries have made the
election according to the prescribed form and it has been proclaimed in the
Conclave, the one elected by this method of compromise is canonically and truly
Pope.
68. The
third and ordinary method of electing the Roman Pontiff is called by
scrutiny. In this regard, We fully reaffirm the law already established and
for many centuries most religiously observed, which prescribes that for the
valid election of the Roman Pontiff at least two-thirds of the votes are
required. However, We now decree a revision of this rule, namely, that in
addition to two-thirds of the votes[59],
one additional vote is also required. Otherwise, the election is by law null
and void. Therefore, only he is to be considered Roman Pontiff in whom at least
two-thirds plus one of the votes of the Cardinals present in the Conclave shall
concur by means of secret written ballots.[60]
This provision is to be implemented and strictly
observed to prevent any occasion of doubt that the vote of the person elected
might be counted among the two-thirds required, for no one—whether by scrutiny
or by compromise—may in any way vote for himself. Nevertheless, the person
elected, if present in the Conclave, is to be included in the number of
Cardinals for calculating the total.
69. The rite
of scrutiny comprises three stages: the first, which may be termed pre-scrutiny;
the second, scrutiny properly speaking; and the third, post-scrutiny.
70. The acts
of the pre-scrutiny are four in number: namely, the preparation of the ballots;
the drawing by lot of the Scrutineers, of those deputed to collect the votes of
the infirm, and of the Revisers; the writing of the ballots; and their folding.
71. The
preparation and distribution of the ballots pertains to the Masters of
Ceremonies, who shall distribute at least two or three to each Cardinal.
I elect
as Supreme Pontiff my most Reverend Lord Cardinal ....................
Eligo in Summum Pontificem Rev.mum
D. meum D. Card. ..........................................
73. The
second act of the antescrutiny is the drawing by lot of the Scrutineers,
the Deputies for the Votes of the Infirm, and the Revisers. This
drawing of lots must take place before the commencement of the scrutiny itself,
and is carried out as follows. In a container or urn are publicly placed as
many slips—or, if preferred, clearly numbered wooden balls—as there are
Cardinals present in the Conclave, each bearing the name of a Cardinal. Then,
the last of the Deacons draws first three Scrutineers, then three Deputies
for the Votes of the Infirm—for brevity, these may be referred to as Infirmarii—and
finally the Revisers, the duties of all of whom will be described below
in their proper place. If, in the drawing of the Scrutineers, Infirmarii,
and Revisers, Cardinals are drawn who, due to infirmity or other
impediment, are unable to fulfil the aforesaid duties, other unimpeded
Cardinals shall be drawn in their stead. Once the drawing is completed, the
slips or balls of those who have been selected shall be returned to the
container or urn.
74. The
third act of the antescrutiny is the writing of the ballots. Before the
Cardinals begin to write the name of their chosen candidate on the ballots, the
Secretary of the Sacred College and the Masters of Ceremonies must leave the
hall, so that during the scrutiny only the Cardinals remain in the Chapel.
Further, once they have exited the hall, it is the
duty of the last Cardinal of the Order of Deacons to close the door of the
Chapel; and, generally, it shall fall to him to open and close it whenever
necessary, for example when the Infirmarii go forth to collect the votes
of the infirm and later return to the Chapel, or for any other necessary
reason.
75. The
writing of the ballots shall be carried out in secret by each Cardinal, writing
the name of the person whom he elects in the central part of the ballot, using
handwriting altered as far as possible so that the identity of the writer may
not easily be discerned; and he must take care not to write more than one name
on the ballot, for in such a case the vote would be null. An exemplar of the
written ballot is as follows:
I elect as Supreme Pontiff the Most Reverend
...............................................................................
My Lord Cardinal Baronius
Eligo in Summum Pontificem Rev.mum
..............................................................................
D. meum D. Card. Baronium
76. The fourth act of the antescrutiny is the folding of the ballots. This is to be done at the centre of each ballot, in such a manner that the ballot is reduced to approximately the width of a thumb, as may be seen from the illustrative figure here provided by way of example.
Eligo in Summum Pontificem
Rev.mum
.........................................................................
D. meum D. Card. Baronium
This shall suffice concerning the antescrutiny;
matters relating to Cardinals who are infirm or otherwise impeded shall be
addressed below in their proper place.
77. There
follows the second phase, which is termed the scrutiny. This phase
comprises eight acts: the carrying forward of the ballot, the taking of the
oath, the placing of the ballot into the chalice, the mixing of the ballots,
the counting thereof, the publication of the scrutiny, the threading of the
ballots onto a cord, and their separate deposit.
78. The
carrying forward of the ballot, and the two acts immediately following it—due
to their close connection—are more suitably described together, and proceed as
follows. Each Cardinal, in order of precedence, having written and folded his
own ballot, shall take it with the first two fingers of his right hand, and
with raised hand shall carry it publicly to the altar, where the Scrutineers
are stationed and where a large chalice prepared for the reception of the
ballots stands, covered by a paten. There, kneeling, he shall pray for a short
while; then, rising, he shall pronounce clearly and intelligibly the following
oath, as described on a card placed atop the altar:
I call as my witness Christ the
Lord, who shall judge me, that I am voting for the one whom I believe, before
God, should be elected.
After this, he shall place the ballot upon the
paten and, by means of the paten, cast it into the chalice. Having done so, he
shall bow towards the altar and return to his place.
79. These
instructions are to be followed if the Cardinal is able to approach the altar.
If, however, due to ill health he cannot do so, yet is present in the chapel,
the last Scrutineer shall go to him. The infirm Cardinal, having written his
ballot in secret at his place, as above described, and having taken the
aforementioned oath, shall fold the ballot and hand it to the Scrutineer, who
shall carry it publicly to the altar and, without prayer or oath, place it on
the paten and cast it into the chalice.
80. If,
however, there are Cardinals who are infirm and remain in their cells, the
three Cardinals appointed as Infirmarii (as selected above) shall go to them
carrying a box of one palm’s height, in the top of which is a slot or aperture
of such a size that a folded ballot may be passed through it by its width.
Before handing over this box to the Infirmarii, the Scrutineers shall publicly
open it so that the other Cardinals may see it empty and void; it shall then be
closed, and the key placed upon the altar. The Infirmarii shall then proceed
with the closed box, together with a small tray containing a sufficient number
of ballots, to each of the infirm Cardinals. The latter shall write and fold
their ballots in secret and, having taken the same oath, shall insert them
through the slot into the box. If the infirm are unable to write, one of the
three Infirmarii or another member of the clergy—chosen at the discretion of
the infirm Cardinal or the Infirmarii—shall do so, having first sworn before
the Infirmarii to keep the contents secret. They are to be mindful that they
are bound not only by the obligation of the oath to observe secrecy, but also
that a violation shall incur latae sententiae excommunication. Once
these things are completed, the Infirmarii shall return to the chapel with the
box, which the Scrutineers shall open, and the ballots contained therein shall
be publicly counted. If their number matches that of the infirm, they shall be
placed one by one on the paten and all together cast into the chalice.
So that the scrutiny not be unnecessarily
prolonged, the Infirmarii may complete and cast their own ballots into the
chalice after the Dean, and then proceed, while the other Cardinals conduct the
scrutiny, to collect the votes of the infirm as described above.[61]
81. The
fourth act of the scrutiny is the mixing of the ballots, to be carried out by
the first Scrutineer by repeatedly shaking the chalice, which is covered with
the paten, in which the ballots have been placed.
82. The
fifth act is the counting of the ballots, to be carried out publicly by the
last Scrutineer, taking each ballot one by one from the chalice and placing it
into another, empty chalice prepared for that purpose. If the number of ballots
does not match the number of Cardinals, all are to be burned, and immediately,
that is, at once, a second vote must be taken. If, however, the number of
ballots corresponds to the number of Cardinals, the other acts of the scrutiny
are to proceed.
83. The
sixth act is the publication of the scrutiny, which is carried out by the
Scrutineers, who are seated at a table placed before the Altar, in the
following manner. The first Scrutineer takes a ballot paper, opens it, and,
having seen the name of the person voted for, passes it to the second
Scrutineer, who likewise, after observing the name, passes it to the third, who
reads it aloud clearly and intelligibly, so that all the Cardinals present may
record the vote on the printed sheet they each hold, containing the names of
all the Cardinals; they will mark the vote next to the name of the Cardinal
read out from the ballot. The same process shall be followed for all the
remaining ballots in the chalice, up to the last.
Should the Scrutineers, in the course of the
scrutiny’s publication, find two ballots folded in such a way that it is clear
they were submitted by the same person, and if both bear the same name, they shall
count and record them as one vote only; if, however, they bear different names,
neither vote shall be valid. In neither case, however, is the scrutiny
invalidated.
The total number of votes shall then be compiled by
the Scrutineers according to the names of the Cardinals who received them,
either on a separate sheet or in summary form as follows: ''The Most Reverend
Lord Cardinal A has 20 votes, the Most Reverend Lord Cardinal B has 15 votes,''
and so forth. This is done so that the Cardinals are not required, when needed,
to recount the votes they had already marked next to each name.
84. The
seventh act of the scrutiny is the threading of the ballots, a precaution
devised for the safer preservation of the votes. This is done by the last
Scrutineer, who threads each ballot—after it has been read—using a needle and
thread prepared for this purpose, piercing the paper at the word Eligo.
85. The
eighth and final act of the scrutiny is the separate deposit of the ballots,
likewise performed by the last Scrutineer, who, having threaded all the
ballots, ties the ends of the thread in a knot and places the collected ballots
in another empty chalice or on a separate table.
86. There
follows the third and final action, called the post-scrutiny,
which consists of three acts: the counting of votes, the verification thereof,
and the burning of the ballots.
The first act is the counting of votes, which is
carried out by the Scrutineers, whether an election has taken place or not: if
no election has occurred, so that it may be known that no Pope has been elected
in that scrutiny; if an election has occurred, so that the canonical nature of
the papal election may be ascertained. This counting is done by summing the
votes each person nominated as Pope has received. If no one is found to have
reached two-thirds of the votes plus one, then no Pope has been elected in that
scrutiny. But if someone is found to have received at least two-thirds of the
votes plus one, the election of the Pope is considered canonically valid.
The second act of the post-scrutiny is the
verification, which is conducted by the Revisers—whether or not an election has
occurred—by examining both the ballots and the vote tallies made by the
Scrutineers, so that through this review it may be confirmed whether the
Scrutineers have performed their duties sincerely and faithfully.
The third and final act of the post-scrutiny is the
burning of all the ballots, which must always be carried out publicly by the
Scrutineers immediately after the verification—regardless of whether an
election has occurred—before the Cardinals leave the Hall. For this purpose,
the Senior Cardinal Deacon is summoned, and assistance is provided by the
Secretary of the Conclave and the Prefect with the Masters of Ceremonies.
However, if a second scrutiny is to be held, as prescribed below, then the
burning of the ballots from the first scrutiny shall be deferred and carried
out together with those of the second scrutiny at the conclusion thereof.
87. We
strictly command all and each of the Cardinals, under the virtue of holy
obedience, to ensure the most secure secrecy, by surrendering any and all
writings they may have concerning the outcome of each scrutiny, to be burned
along with the ballots.
88. In the
Constitutions of Our Predecessors, especially that of Gregory XV, it was
decreed, to expedite the election, that if no election had occurred after the
scrutiny had been published with the agreement of at least two-thirds, the
Cardinals could immediately, before proceeding to any other acts, approach one
of those who had received at least one valid vote in that same
scrutiny—provided he was not the one whom the approaching Cardinal himself had
nominated. However, since this form of ''accessus'' proved rather difficult to
carry out, particularly in relation to the inspection, opening, and comparison
of the ballots—and indeed, under the new form of ballot introduced by Us, has
become practically impossible—we, confirming the ordinance of Our Predecessor
Pius X, who sought both to address this inconvenience and not in any way hinder
the desired acceleration of the election, do again decree and prescribe that,
in place of the accessus, once in the morning and once in the evening, after
the completion of the scrutiny according to the procedures set forth above, if
no election has resulted, the Cardinals shall immediately proceed to a new
scrutiny, casting their votes afresh, without counting those of the previous
scrutiny. We further declare that in this second scrutiny, the same rites as in
the first are to be observed, except that the Cardinals are not required to
take a new oath, nor to appoint new Scrutineers, Infirmarians, and Revisers;
those appointed in the first scrutiny shall retain their roles without change
for the second.
89. All that
has been prescribed regarding the rites of the scrutiny must be carefully
observed by the Cardinals in all scrutinies, which must be carried out
daily—both in the morning after the customary Mass and the hymn Veni,
Creator Spiritus with the prayer to the Holy Spirit, and in the afternoon,
at a suitable hour, likewise after the hymn Veni, Creator Spiritus and
the prayer to the Holy Spirit.[62]
90. Should
an election be conducted in any manner other than by scrutiny through secret
ballot votes amounting to two-thirds of the Cardinals present in the Conclave,
with one additional vote; or by way of compromissum initiated
unanimously by all Cardinals present in the Conclave, with no dissent, and
provided that no one elects himself; or as though by inspiration, without any
prior discussion of a particular person, through the word ''eligo''
clearly uttered or written by all Cardinals present in the Conclave,
unanimously and without dissent—then such an election is null and void ipso
facto, without the need for any declaration, and it grants no right
whatsoever to the person so elected.[63]
91. All that has been said above concerning the procedures preceding, and the election itself, of the Roman Pontiff, shall likewise be observed even if the vacancy of the Apostolic See occurs through the resignation of the Supreme Pontiff.
CHAPTER VI - On the Matters to be Observed or
Avoided in the Election of the Roman Pontiff
92. The
crime of simony, detestable both by divine and human law, is known to be
entirely reprobated in the election of the Roman Pontiff; thus We likewise
reprobate and condemn it[64],
and bind with the penalty of latae sententiae excommunication those
guilty of this crime. However, the nullification of a simoniacal election—may
God avert it—as established by Julius II (or any other pontifical decree), is
hereby lifted, so that no pretext remains for disputing the validity of the election
of the Roman Pontiff.
93.
Likewise, under the same penalty of latae sententiae excommunication, We
forbid anyone—even if invested with the dignity of the Cardinalate—to presume,
while the Roman Pontiff is still alive and without his consent, to discuss the
election of his Successor, to promise any vote, or to deliberate and decide
anything for this purpose by means of private gatherings.[65]
94. Those
enactments of Our Predecessors, and especially of Pius X[66],
concerning the civil Veto or Exclusiva, as it is called, in the
election of the Supreme Pontiff, were established and sanctioned to ensure full
freedom in the choice of the Supreme Pastor by excluding all external
intervention. All these provisions We hereby completely and integrally renew
and confirm. Therefore, again, in virtue of holy obedience, under threat of
divine judgment and under pain of latae sententiae excommunication, We
strictly prohibit all and each of the Cardinals of the Holy Roman
Church—whether presently existing or to come—as well as the Secretary of the
Sacred College of Cardinals and all others involved in the Conclave, from
accepting, under any pretext, any commission from any civil authority to
present a Veto or Exclusiva, even in the form of a mere wish. Nor
may they disclose such a Veto—however it has become known to them—to the
entire College of Cardinals assembled, or to individual Cardinals, either in
writing or orally, either directly or indirectly, either personally or through
others, either before the Conclave or during its proceedings. We also will that
this prohibition be extended to all forms of intervention, intercession, or any
other attempts by secular powers of whatever rank or order to interfere in the
election of the Pontiff.
95.
Furthermore, let the Cardinals abstain from all pacts, agreements, promises, or
any other obligations by which they might bind themselves to give or to
withhold votes for any individual or group. All such acts, even if confirmed by
oath, We declare null and void and as imposing no obligation of observance.
Those acting contrary shall incur latae sententiae excommunication.
However, We do not intend to forbid discussions concerning the election, held
after the See has become vacant.[67]
96.
Likewise, We prohibit the Cardinals from drawing up capitulations or
establishing by common consent any stipulations to be observed in the event
that one of them should be elected to the Pontificate. Any such acts, even if
confirmed by oath, We also declare null and void.[68]
97. Finally,
in the same terms as Our Predecessors, We earnestly exhort the Cardinals of the
Holy Roman Church that, in choosing the Pontiff, they be guided neither by
personal preference nor by aversion, neither by favour nor by deference,
neither by the influence of secular powers nor by fear or popular opinion, but
solely by the glory of God and the good of the Church. They are to cast their
votes for him whom they judge, before God, to be the most suitable above all
others to govern the universal Church usefully and fruitfully.[69]
98. Since
the faithful ought not to rely so much on human industry, however diligent, as
to place their hope in the humble and devout insistence of prayer, We add to
this provision the requirement that, in all cities and at least in other more
notable places, as soon as news of the Pope’s death has arrived, solemn
exequies be celebrated by the clergy and people, and daily humble and
persistent prayers be offered to the Lord (until the Roman Church shall have
been provided with her Pastor), that He who brings concord in His heights may
so make the hearts of the same Cardinals concordant in choosing, that from
their unanimity may result a provision which is swift, unanimous, and
beneficial—according as the salvation of souls requires and the good of the
whole world demands. And lest this salutary decree be neglected under the
pretext of ignorance, We command that Patriarchs, Archbishops, Bishops, and
other Prelates of the Churches, together with those whose office it is to
preach the Word of God, should more frequently assemble clergy and people for
this purpose, and in their sermons zealously urge the faithful to multiply
prayers for a speedy and happy outcome of so great a matter. They are to exhort
not only to frequent prayers but also to fasting, according as circumstances
may advise.[70]
99. Finally, to him who shall have been elected—Our heir and Successor—We offer this plea: let him not be deterred by the difficulty of the office from accepting it, but rather humbly submit himself to the counsel of the divine will. For the God who imposes the burden will also Himself support the one who bears it, so that he be not unequal to the task. He who is the Author of the office will also be the Helper in its administration; and lest the weak succumb beneath the greatness of the grace, He who bestowed the dignity will also grant the strength.[71]
CHAPTER VII - On the Acceptance and
Proclamation of the Election, as well as the Consecration and Coronation of the
New Pontiff
100. After a
canonical election has taken place, the Secretary of the Sacred College, the
Prefect of Apostolic Ceremonies, and two Masters of Ceremonies shall be
summoned into the Conclave Hall by the senior Cardinal Deacon. The consent of
the one elected shall then be requested by the Cardinal Dean, in the name of
the entire Sacred College, with these words: ''Do you accept the canonical
election made of you as Supreme Pontiff?''[72]
101. Once
this consent has been given within a time limit to be determined, if needed, by
the prudent judgement of the Cardinals through a majority of votes, the elected
becomes immediately the true Pope and acquires and may exercise full and
absolute jurisdiction over the whole world.[73]
Therefore, should anyone dare to challenge letters concerning any matter
whatsoever that have been issued by the Roman Pontiff prior to his coronation,
we bind him with the penalty of latae sententiae excommunication.[74]
102.
Concerning the acceptance of the new Pontiff and the name he chooses to
assume—asked by the Cardinal Dean with the words: ''By what name do you wish
to be called?''—a formal instrument is drawn up. The Prefect of Apostolic
Ceremonies acts as notary, with the Secretary of the Sacred College and the two
Masters of Ceremonies serving as witnesses.
103. Then,
the usual rites are performed according to the Caeremoniale Romanum. The
Cardinals present the first act of ''adoration'' to the newly elected Supreme
Pontiff. When this is completed, and the Te Deum is sung, the new Roman
Pontiff is announced to the awaiting people by the senior Cardinal Deacon[75],
and shortly thereafter the Pontiff imparts the Apostolic Blessing Urbi et
Orbi. This is followed by the second ''adoration'', which the Cardinals
perform while vested in violet capes.
104. If the
person elected is not present within the Conclave, the norms contained in Caeremoniale
Romanum, Book I, Title 1, On the Conclave and Election of the Pope,
§37, are to be observed.
105. Once all
has been duly completed, the Conclave is opened—both within and without—by
mandate of the new Pontiff. An instrument concerning this opening is drawn up,
as prescribed for the sealing in paragraph 56 above. Once opened, those persons
who customarily are admitted to adore the elected Pontiff are introduced.
106. For the
third ''adoration'', the Cardinals shall be summoned by the Prefect of
Apostolic Ceremonies at the time appointed by the Supreme Pontiff.
107. If the
elected is not yet a priest or bishop, he shall be ordained and consecrated by
the Dean of the Sacred College of Cardinals, who then wears the pallium.[76]
Should the Cardinal Dean be absent, the privilege passes to the Subdean; if he
also is absent, then to the senior Cardinal Bishop of the suburbicarian sees.[77]
108. Finally,
the Pontiff is crowned by the senior Cardinal Deacon[78],
and, when it pleases Him, takes possession of the Patriarchal Archbasilica of
the Lateran, in the prescribed rite.
Having gravely considered the whole matter and
being moved also by the examples of Our Predecessors, We establish and
prescribe these provisions, decreeing that the present Letters and all their
contents—regardless of whether any of those who may have, or claim to have, a
right or interest in the matters treated herein have consented to them or been
summoned or heard, or whether for any other reason whatsoever—cannot in any way
be contested. Rather, these provisions shall always and perpetually be valid,
effective, and in force, producing their full and complete effects, and shall
benefit and bind those to whom they apply now and in future, who must observe
them faithfully and inviolably. If anyone attempts otherwise—by any person,
with any authority, knowingly or unknowingly—that attempt is null and void.
We further command that these Our Letters be read
aloud in all the initial Congregations customarily held after the Pope’s death
(as above in paragraph 12); again upon entering the Conclave (as above in
paragraph 51); and also whenever someone is elevated to the dignity of the
cardinalate, with an oath taken concerning the religious observance of the
decrees set forth in this Constitution.
All apostolic constitutions and ordinances
previously issued by Our Predecessors, insofar as is necessary, are hereby
abrogated, as previously stated. This includes all other contrary provisions,
even those worthy of individual and specific mention and derogation.
Wherefore, let no person whatsoever presume to
violate this page of Our constitution, ordinance, abrogation, mandate, binding,
admonition, prohibition, command, or will, or to oppose it with rash boldness.
Should anyone presume to attempt such a thing, let him know that he will incur
the indignation of Almighty God and of the Blessed Apostles Peter and Paul.
Given at Rome, at Saint Peter’s,
on the eighth day of December in the year of Our Lord one thousand nine hundred
and forty-five, on the Feast of the Immaculate Conception of the Blessed Virgin
Mary, in the seventh year of Our Pontificate.
PIUS PP. XII
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[1] Pii IV Const. In eligendis, VII Idus Oct. 1562, § 6; Clem. XII
Const. Apostolatus officium, IV Non. Oct. 1732, § 6.
[2] Clem. V in Conc. Viennensi, cap. 2, Ne Romani in pr. de elect., I, 3
in Clem.
[3] Leonis XIII Const.
Praedecessores Nostri, 24 Maii 1882.
[4] Clem. V cap. 2, Ne Romani in pr. de elect., I, 3 in Clem.; Greg. XV Const. Aeterni
Patris, XVII kal. Dec. 1621, § 20.
[5] Leonis XIII Const.
Praedecessores Nostri.
[6] Greg. X in gener Conc. Lugdun., cap. 3, Ubi periculum, § 1 de
elect., I, 6 in Sext.; Pii IV Const, In eligendis, § 6.
[7] Clem. XII Const. Apostolatus officium, § 7 ; Pii IV Const. In
eligendis §§ 7 et 8.
[8] Clem. XII Const. Apostolatus officium, § 7.
[9] Clem. XII, Chirografo
Avendo Noi, 24 Dec. 1732, n. 17.
[10] Formula iurisiurandi ab
E.mis ac Rev.mis S. R. E. Cardinalibus praestandi:
«Nos Episcopi, Presbyteri et
Diaconi S. R. E. Cardinales promittimus, vovemus et iuramus, inviolabiliter ei
ad unguem omnes et singulos Nos esse observaturos contenta omnia in
Constitutione Summi Pontificis Pii Decimi secundi De Sede Apostolica vacante et
de Romani Pontificis electione, quae incipit Vacantis Apostolicae Sedis, data
die octavo decembris anni millesimi nongentesimi Quadragesimi quinti. Item
promittimus, vovemus, et iuramus quod quilibet ex Nobis in Romanum Pontificem,
Deo sic disponente, erit assumptus iura spiritualia et etiam temporalia,
praesertim de civili Romani Pontificis principatu, libertatemque Sanctae Sedis
integre ac strenue adserere atque tueri et, si opus fuerit, vindicare numquam
desistei. «Praecipue autem promittimus et iuramus, sub poenis in praedicta Pii
Decimi secundi Constitutione Vacantis Apostolicae Sedis statutis, Nos
religiosissime et quoad omnes, etiam familiares seu Conclavistas nostros,
secretum esse servaturos in iis omnibus quae ad electionem Romani Pontificis
quomodolibet pertinent, et in iis quae in Cardinalium Congregationibus, ante
Conclave vel ipso durante habitis, de hac re acta vel decreta sint, itemque de
iis quae in Conclavi seu in loco electionis aguntur, scrutinium directe vel
indirecte respicientibus, neque secretum praefatum quoquomodo violaturos, sive
ipso Conclavi durante, sive etiam post novi Pontificis electionem, nisi
peculiaris facultas aut expressa dispensatio ab eodem futuro Pontifice Nobis tributa
fuerit; itemque nullo modo a quavis civili potestate, quovis praetextu, munus
proponendi Veto sive Exclusivam, etiam sub forma simplicis desiderii, esse
recepturos, ipsumve hoc Veto, qualibet ratione Nobis cognitum, patefacturos,
sive universo Cardinalium Collegio simili congregato, sive singulis purpura- Us
Patribus, sive scripto, sive ore, sive directe ac proxime, sive oblique ac per
alios, sive ante Conclave sive ipso perdurante; nullique interventui,
intercessioni, aliive cuilibet modo, quo laicae potestates cuiuslibet gradus et
ordinis voluerint sese in Pontificis electione immiscere, auxilium vel favorem
praestituros». Hanc formulam Cardinalis Decanus coram omnibus Cardinalibus
iubeat a Praefecto Apostolicarum Caeremoniarum elata voce legi. Deinde singuli
Cardinales dicent:
Et Ego N. Cardinalis N.
spondeo, voveo, ac iuro.
Et imponentes utramque manum
super Evangelium, adiungent:
Sic me Deus adiuvet ei haec
Sancta Dei Evangelia.
[11] Pii XI, Motu proprio Cum
proxime, 1 Mart. 1922, n. 1.
[12] Pii IV Const. In eligendis, § 17.
[13] Pii IV Const. In eligendis, § 15; Clem. XII Const. Apostolatus
officium, § 10.
[14] Pii IV Const. In eligendis, § 13.
[15] Clem. V, cap. 2, Ne Romani, § 1, de elect., I, 3 in Clem.; Pii IV
Const. In eligendis, § 9; Clem. XII Const. A postulatus officium, § 15.
[16] Clem. V, cap. 2, Ne Romani, § 1, de elect., I, 3 in Clem.; Clem.
XII Const. Apostolus officium, § 15; Bened. XIV Const. In Apostolicae, Idibus
Apr. 1744, § 4.
[17] Pii XI Const. Ad incrementum, 15 Aug. 1934, ii. XCVIII.
[18] Const. Quae divinitus, 25 Mart. 1935, n. 12; cfr. Benedicti XIV
Const. Pastor bonus, Idibus Apr. 1744, §§ 51-55.
[19] Pii IV Const. In eligendis, § 11.
[20] Clem. XII Const Apostolatus officium, § 17.
[21] Clem. XII Const. Apostolatus officium, § 25.
[22] Legge fondamentale dello
Stato della Città del Vaticano, 7 giugno 1929, n. 1.
[23] Clem. XII Const. Apostolatus officium, § 18.
[24] Cfr. Pii XI Const. Ad incrementum, n. C.
[25] Pii IX Const. In hac sublimi, X Kal. Septembr. 1871 et Consulturi,
10 Oct. 1877 ; Leonis XIII Const. Praedecessores Nostri.
[26] Pii IX Const Cum Romanis
Pontificibus, pridie Nonas Dec. 1869; Cod. I. C. can. 229.
[27] Clem. V, cap. 2, Ne Romani, § 4, de elect., I, 3 in Clem.; Pii IV
Const. In eligendis, § 29; Greg. XV Const. Aeterni Patris, § 22.
[28] Pii V decr. die 26 Ian. 1571; Caeremoniale Greg. XV, § Porro; Cod.
I. Ç. can 233, § 1.
[29] Bonif. VIII, cap. un., de schismatic., V, 3 in Sext. ; Pii IX Litt.
Quamquam,
29 Septembris 1867.
[30] Pii XI Motu proprio Cum
proxima, n. 1.
[31] Greg. X, cap. 3, Ubi periculum, § 1, de elect., I, 6 in
Sext.; Pii IV Const. In eligendis, §§ 2, 3, 5.
[32] Greg. X, cap. 3, Ubi periculum, § 1, de elect., I, 6 in Sext.
[33]Leonis XIII Const. Praedecessores Nostri.
[34]Greg. X, cap. 3, Ubi periculum, § 1, de elect., I, 6 in Sext.; Pii
IV Const. In eligendis, § 4.
[35]Greg. XV Const. Aeterni Patris, § 17.
[36]S. Congr. Caeremonialis, Norme ceremoniali per gli E.mi Signori
Cardinali, 6 Gennaio 1943, n. 33.
[37]Pii XI Motu proprio Cum
proxime, n. II.
[38]Pii IV Const. In eligendis, § 16.
[39]Pii IV Const. In eligendis, § 17.
[40] Formula iurisiurandi a
Magistris Caeremoniarum atque ab omnibus aliis Conclavistis ecclesiasticis
praestandi, una vel altera die ante ingressum in Conclave, coram S. Collegii
Secretario, Apostolicarum Caeremoniarum Praefecto adstante, ad rem deputatis:
«Ego................................................................................
constitutus coram te
.............................................................. factis per me
SS. Dei Evangeliis coram me positis, promitto et iuro me inviolabile servoturum
esse secretum in omnibus et singulis, quae de novi Pontificis electione in
Cardinalium Congregationibus acta vel decreta sint et in Conclavi seu in loco
electionis aguntur, scrutinium directe vel indirecte respicientia, quaeque
omnia quovis modo cognoverim, adeo ut nec directe, nec indirecte, neque nutu,
neque verbo, neque scriptis, vel alias quomodolibet, ipsum mihi violare liceat;
itemque promitto et iuro me nullo modo in Conclavi usurum esse instrumentis
quibuslibet ad vocem transmittendam vel recipiendam, vel ad imagines luce
exprimendas quovis modo aptis, et hoc nedum sub poena excommunicationis latae
sententiae, futuro Pontifici speciali modo reservatae, privative etiam quoad S.
Poenitentiariam, sed etiam sub poena privationis cuiuscumque beneficii,
pensionis, officii vel muneris ipso facto incurrendae in casu transgressionis.
Quod secretum accuratissime ac religiose servabo etiam post peractam novi
Pontificis electionem, nisi ab eodem Pontifice peculiaris facultas aut expressa
dispensatio mihi concessa fuerit.
Pariter promitto et iuro nullo
modo a quavis civili potestate, quovis praetextu, munus proponendi Veto seu
Exclusivam, etiam sub forma simplicis desiderii, esse recepturum, ipsumque hoc
Veto, qualibet ratione mihi cognitum, patefacturum, sive universo Cardinalium
Collegio simul congregato, sive singulis Cardinalibus, sive scripto, sive ore,
sive directe ac proxime, sive oblique ac per alios, sive ante ingressum in
Conclave, sive ipso perdurante; nullique interventui, intercessioni, aliive
cuilibet modo, quo laicae potestates cuiuslibet gradus et ordinis voluerint
sese in Pontificis electione immiscere, auxilium vel favorem praestiturum.
Sic me Deus adiuvet et haec
sancta Dei Evangelia, quae propriis manibus tango».
Formula del giuramento per i
Conclavisti ed altri inservienti laici:
«Io.....................................................stando dinanzi a
....................................................................................
toccando colle mie proprie mani i Santi Evangeli, prometto e giuro che
osserverò rigoroso e inviolabile segreto su tutte e singole quelle cose, le
quali in qualunque modo venissi a conoscere, circa l'elezione del nuovo Pontefice,
trattate e definite nelle Congregazioni dei Cardinali, come pure nel Conclave o
nel luogo dell'elezione, riguardanti direttamente o indirettamente gli
scrutini, e che non violerò in alcun modo questo segreto, nè direttamente, nè
indirettamente, nè con parole nè con scritti, nè con segni, od in altra
qualsiasi guisa; inoltre prometto e giuro di non usare nel Conclave apparecchi
radio, di telefono, microfono o di qualsivoglia altro strumento trasmittente o
ricevente, e di non usare neppure di macchine fotografiche e cinematografiche,
e ciò non solo sotto pena di scomunica, riservata in modo speciale al futuro
Pontefice, ad esclusione anche della Sacra Penitenzieria, e da incorrersi
senz'altro dichiarazione col solo fatto della violazione del giuramento segreto,
ma pure sotto altre pene anche gravissime che la stessa Santità Sua potrà
infliggermi in caso di trasgressione. Il qual segreto io prometto e giuro che
manterrò coscienziosamente anche dopo avvenuta l'elezione del nuovo Pontefice,
a meno che non mi venga su ciò concessa dal medesimo Pontefice una espressa e
speciale facoltà di parlare.
Parimente prometto e giuro che
non riceverò in nessuna maniera e da nessuna potestà civile, sotto qualsiasi
pretesto, l'incarico di proporre il Veto o Esclusiva, anche sotto forma di
semplice desiderio, e che non manifesterò questo Veto, in qualunque modo da me
conosciuto, nè dinanzi a lutto il S. Collegio dei Cardinali, riunito, nè ai
singoli Cardinali, nè per iscritto, nè a voce, nè direttamente e prossimamente,
nè indirettamente o per mezzo di altri, nè prima dell'ingresso nel Conclave, nè
esso durante, e che non presterò mai aiuto o favore a qualsiasi intervento,
intercessione o altro modo qualsiasi col quale le autorità civili di qualunque
grado ed ordine volessero immischiarsi nell'elezione del Romano Pontefice.
Così Dio mi aiuti e questi
Santi Evangeli, che tocco colle mie mani».
[41]Pii IV Const. In eligendis, §24.
[42]Clem. XII Chirogr. Avendo
Noi, n. 16.
[43]Pii IV Const. In eligendis, § 18; Clem. XII Const. Apostolatus
officium, § 13.
[44]Cfr. Caeremoniale Greg. XV.
[45]Formula iurisiurandi a
Praelato Gubernatore Conclavis et a Praelatis quibus custodia Rotarum Conclavis
committitur:
«Ego .......................................................................
spondeo, voveo et iuro officio meo diligenter ac religiose me esse functurum
secundum praescripta apostolica et normas traditas a Sacro Cardinalium
Collegio.
«Sic me Deus adiuvet et haec
sancta Dei Evangelia».
Formula del giuramento per il
Maresciallo-Custode:
«Io........................................................
prometto e giuro di compiere con religiosa fedeltà e diligenza il mio ufficio,
secondo le norme stabilite dai Sommi Pontifici e le disposizioni date dal Sacro
Collegio dei Cardinali. Così Dio mi aiuti e questi Santi Evangeli».
[46]Pii XI Const. Ad incrementum, nn. XXXVII, LXX, CIII.
[47] Formula iurisiurandi a
Secretario S. Collegii et ab Apostolicarum Caeremoniarum Praefecto praestandi
eadem est ac formula iurisiurandi ab aliis Conclavistis ecclesiasticis
emittendi (n. 45, not. 4), praeter initium quod ita habebitur:
« Ego
.........................................................................
tactis SS. Dei Evangeliis coram me positis, promitto et iuro fidelem in omnibus
et singulis me futurum Sacro Cardinalium Collegio et diligenter ac religiose
officio meo esse functurum. Item promitto et iuro me inviolabile, etc.»
[48]Bened. XIV Const. Inter conspicuos, iv kal. Septembr. 1744, § 31.
[49]Cfr. Pii XI Const. Ad incrementum, n. CII
[50] Greg. X cap. 3, Ubi periculum, § 1, de elect., I, 6 in Sext.; Greg.
XV Const. Aeterni Patris, § 1.
[51] Pii IV Const. In eligendis, § 15.
[52] Greg. X cap. 3, Ubi periculum, § 1. de elect., I, 6 in Sext.; Pii
IV Const. In eligendis, § 19;
[53] Pii XII Const. Quae divinitus, n. 12.
[54] Greg. X cap. 3, Ubi periculum, § 1. de elect., I, 6 in Sext.; Pii
IV Const. In eligendis, § 20; Clem. XII Const. Apostolatus officium, § 11.
[55] Greg. XV Const. Aeterni Patris, § 20.
[56] Greg. XV Const. Aeterni Patris, § 19.
[57] Cfr. Caeremoniale Greg XV.
[58] Pii XI Motu proprio Cum proxime, n III.
[59] Alex. III in Concil.
Later. cap. 6, Licet de vitanda, de elect., I, 6; Greg. XV Const. Aeterni
Patris, § 1.
[60] Greg. XV Const. Aeterni
Patris, § 2.
[61] Formula huiusmodi
iurisiurandi haec erit:
«Ego N. spondeo, voveo ac iuro
me fideliter impleturum munus ab Emo Cardinali N. mihi commissum schedulam eius
nomine et vice conscribendi, et inviolabile secretum semper servaturum de iis
quae in ea continentur, sub poenis in Constitutione Pii XII Vacantis
Apostolicae Sedis, diei octavi Decembris anni millesimi nongentesimi
quadragesimi quinti statutis.
Sic me Deus adiuvet et haec
Sancta Dei Evangelia».
[62] Greg. XV Const. Aeterni
Patris, §17.
[63] Greg. XV Const. Aeterni
Patris, § 19.
[64] Iulii II Const. Cum tam
divino, XIX kal. Febr. 1505.
[65] Symmachus Papa in Synod. Rom., c. 2, D. 79; Pauli IV Const. Cum secundum
Apostolum, XVII kal. Ian. 1558.
[66] Const. Commissum Nobis, 20 Ian. 1904.
[67] Greg XV, cap. Ubi periculum, § 4, de elect., I, 6 in Sext.; Pii IV
Const. In eligendis, § 26; Greg. XV Const. Aeterni Patris, § 18.
[68] Pii IV Const. In eligendis, § 3 ; Greg. XV Const. Aeterni Patris, § 18.
[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.
[70] Greg. X, cap. 3, Ubi periculum, § 5, de elect., I, 6 in Sext.
[71] Leonis XIII Const.
Praedecessores Nostri.
[72] Caeremoniale Rom., lib. I, tit. I, de Conclavi et Electione Papae,
§ 84.
[73] Cod. I. C, can. 219.
[74] Clem. V, cap. 4, De sent. excomm., V, 10 in Extravag. comm.
[75] Caerem. Rom., lib. I, tit.
I, de Conclavi et Electione Papae, § 35;
Cod: I. C„ can. 239, § 3.
[76] Caerem. Rom., lib. I, tit.
II,
§ 13.
[77] Cod. I. C, can. 239, § 2.
[78] Caerem. Rom., lib. I, tit.
II, De ordin. et consecrat. novi Pontificis, § 18.
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