Papal Conclaves: What Happens When the Pope Dies? An Overview of Pius XII's Vacantis Apostolicae Sedis (1945)

Conclave 1903, cc

ON THE VACANCY OF THE APOSTOLIC SEE

Papal Conclaves: What Happens When the Pope Dies? - Free download (PDF)

On the Power of the Sacred College of Cardinals During the Vacancy of the Apostolic See

During the vacancy of the Apostolic See, the Sacred College of Cardinals shall have no power or jurisdiction in matters that pertain to the Supreme Pontiff. Any attempt by the College to usurp papal prerogatives shall be deemed null and void.

 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.

 The Sacred College of Cardinals must employ all its strength to guard and defend the rights of the Apostolic See.

 The laws enacted by the Roman Pontiffs may not be altered or modified by the Cardinals. This applies especially to the Pontifical Constitutions governing the election of the Roman Pontiff. Any action taken, or attempted, contrary to this norm shall be considered null and void.

Authority for the interpretation or application of this Constitution is entrusted to the College of Cardinals. Except for the act of election itself, a majority vote shall suffice in all such deliberations.

On the Congregations of the Cardinals

There shall be two types of Congregations of Cardinals:

a) General: Comprising the entire College.

Matters of greater importance and complexity must be referred to the General Congregation. 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.

 Among the General Congregations, special importance is accorded to those held prior to the commencement of the Conclave. These must be held daily, beginning on the day following the death of the Roman Pontiff and continuing until the day on which the Cardinals enter the Conclave.

The purpose of these meetings is to provide the Cardinal Camerlengo with the opportunity to seek the counsel of the Sacred College and to communicate with it on matters deemed necessary or appropriate. It also allows individual Cardinals to express their views on current concerns, to seek clarification regarding doubtful matters, and to propose appropriate measures.

The following matters must be addressed in these Congregations:

• This present Constitution is to be read in full.
• all Cardinals present are to take an oath according to the prescribed formula.
• Matters concerning the funeral rites of the deceased Pontiff are to be discussed.
• Two ecclesiastics shall be appointed to deliver the prayers De Pontifice Defuncto (On the Deceased Pontiff) and De Eligendo Pontifice (On the Election of the Pontiff)
• 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.
• A day shall be designated on which, if requested, representatives of civil governments and the Knights of the Order of Jerusalem may be granted access to the Sacred College.

Special commissions, each composed of two or three Cardinals, shall be appointed for the following purposes:

• To examine and approve the qualifications of the Conclavists.
• To designate those who shall serve the Conclave in any capacity, and to regulate and supervise the performance of such services.
• To oversee the physical preparation and sealing of the Conclave premises, and to assign cells within the Conclave.
• The expenses associated with the Conclave shall be proposed and approved by the Sacred College.
• Letters received from Emperors, Kings, and other Heads of State, as well as reports from Nuncios and any other matters of concern to the Sacred College, shall be duly communicated to it.
• Any documents bequeathed to the Sacred College by the deceased Roman Pontiff shall be read in full.
• The Ring of the Fisherman and the lead seal of the Apostolic Chancery shall be solemnly broken.
• The cells within the Conclave shall be distributed by lot among the Cardinals, unless age or infirmity requires a particular dispensation.
• Finally, the date and hour of entry into the Conclave shall be formally established

b) Particular: These consist of the three senior Cardinals, one from each of the three Orders, together with the Camerlengo of the Holy Roman Church.

Particular Congregations may be held before or after the beginning of the Conclave. They are concerned solely with matters of lesser importance or with issues arising that require resolution within three days.

Concerning Certain Particular Offices during the Vacancy of the Apostolic See

The Offices of the Camerlengo of the Holy Roman Church and the Major Penitentiary remain in effect during the vacancy of the Apostolic See.

Should either of these offices be vacant at the time of the Pope’s death, or become vacant prior to the election of a new Pontiff, the College of Cardinals may, within a General Congregation and by secret ballot, appoint suitable replacements.

The Camerlengo is responsible for the following:

• The administration of the goods and temporal rights of the Holy See.
• The juridical confirmation of the death of the Roman Pontiff.
• The sealing of the papal apartments.
• Notifying the Cardinal Vicar of Rome of the death of the Pontiff.
• The preservation of the body of the deceased Pope.
• The safeguarding of the rights and the temporal administration of the Apostolic See.

The Cardinal Dean shall:

• Notify the other Cardinals of the vacancy of the Apostolic See.
• Summon them to the Apostolic Palace.
• Communicate the death of the Roman Pontiff to the ambassadors of foreign nations, as well as to the sovereigns or supreme rulers thereof.

Offices Not Vacated Upon the Death of the Roman Pontiff:

• The Major Penitentiary.
• The Chancellor of the Holy Roman Church.
• The Cardinal Vicar of Rome.
• Apostolic Legates, Nuncios, and Delegates.

Offices Vacated Upon the Death of the Roman Pontiff:

• The Cardinal Secretary of State.

On the Electors of the Roman Pontiff

• The right of electing the Roman Pontiff belongs solely and exclusively to the Cardinals of the Holy Roman Church,
•  Should it occur that the Roman Pontiff dies while a General Council is in progress, 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.
•  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.
•  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.
•  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.
• Upon the death of the Pontiff, the Cardinals present must wait for absent Cardinals for only 15 full days. However, the College of Cardinals may extend the entrance into Conclave by a further 2 or 3 days. In any case, no more than 8 days may elapse from the celebration of the Pontiff's funeral rites ; and on the eighteenth day at the latest, all Cardinals then present must enter the Conclave and proceed with the election.
• If absent Cardinals arrive before the election is concluded, they shall be admitted to the process in the state in which they find it.
• 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.
• 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.

 On the Conclavists and Others Participating in the Conclave

• Each Cardinal in the Conclave may employ two attendants, clerical or lay, or one of each; however, he may only bring one layman.
• 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.
• 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.
• 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.

On Entry into the Conclave

• 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 shall celebrate the Mass.
• 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 (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 to conduct the election properly and duly.
• 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.
• 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.
•  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.

On the Enclosure of the Conclave, and the Obligation to Maintain Secrecy Regarding All Matters Conducted Therein

• 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.
• All persons participating in the Conclave must most scrupulously observe secrecy regarding everything on the election of the Roman Pontiff and all that occurs within the Conclave or at the site of the election. Accordingly, they are bound to avoid and refrain from any acts, whether words, writings, signs, or anything else that might directly or indirectly violate that secrecy.
• 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.
• 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.

On the Manner of Election

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, and after reciting the Veni, Creator Spiritus 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:

a) Inspiration: when, 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 candidate, he shall be canonically elected and be the true Pope according to this form of election.

b) Compromise: when, in certain particular circumstances, the Cardinals, wishing to proceed to the election by this means, delegate to some 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:

All and each of the Cardinals present in the 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 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.

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.

c) Scrutiny: For the valid election of the Roman Pontiff at least two-thirds plus one votes are required

The rite of scrutiny comprises three step

the first, which may be termed pre-scrutiny; the second, scrutiny properly speaking; and the third, post-scrutiny.

 Pre-scrutiny:  This part consists of four acts: 

      i.     The preparation of the ballots;

     ii.     The drawing by lot of the Scrutineers, of those deputed to collect the votes of the infirm, and of the Revisers;

    iii.     The writing of the ballots;

    iv.     Their folding. 

The preparation and distribution of the ballots pertains to the Masters of Ceremonies, who shall distribute at least two or three to each Cardinal.

The form of the ballot, in terms of its shape, must be broader than long. In the middle of the front side, it must contain these words, printed where possible, otherwise written by hand:

I elect as Supreme Pontiff my most Reverend Lord Cardinal ....................

Eligo in Summum Pontificem Rev.mum 

D. meum D. Card. ..........................................

Scrutiny: This phase comprises eight acts:

             i.     The carrying forward of the ballot

           ii.      The taking of the oath

         iii.     The placing of the ballot into the chalice

         iv.     The mixing of the ballots

           v.     The counting thereof,

         vi.     The publication of the scrutiny,

       vii.     The threading of the ballots onto a cord,

      viii.      Their separate deposit. 

 Post-scrutiny: It consists of three acts:

             i.     The counting of votes

           ii.     The verification thereof

         iii.     Burning of the ballots.

On the Acceptance and Proclamation of the Election, as well as the Consecration and Coronation of the New Pontiff

• After 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?''
• 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. 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.
• 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.
• 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, 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.

Papal Conclaves: What Happens When the Pope Dies? - Free download (PDF)

Support Our Work!

If you appreciate our efforts, consider supporting us via PayPal at usquequodomine1958@gmail.com or by purchasing our products. 

REFERENCES 

Pius PP. XII, Constitutio Apostolica Vacantis Apostolicae Sedis, Acta Apostolicae Sedis, vol. 38 (1946), no. 3, pp. 65–99 (trans. ChatGPT, summarised by usquequodomine1958).

ax.39425 [ix]