Power of the Sacred College

To n. 178, 181, 182, 251, 283. POWER OF THE SACRED COLLEGE

"During the vacancy of the Apostolic See, the Sacred College of Cardinals shall have absolutely no power or jurisdiction in those things which pertained to the Supreme Pontiff while he was living, neither of doing grace nor justice, nor of handing over to execution what was done by the dead Pontiff; but it is held to reserve all these things to the future Pontiff. Therefore We decree to be invalid and void whatever of power or jurisdiction pertaining to the Roman Pontiff while he lives, unless insofar as it is expressly permitted in this Our Constitution, the assembly of Cardinals should judge ought to be exercised, the same Church being vacant." N. 1.

"But the Pro-Datary or Sub-Datary, and the Secretary of Briefs or his substitute, shall hand over to the Sacred College under closed seal the supplications of graces which are in their possession." N. 11. "The offices of the Camerarius of the Holy Roman Church and of the Major Penitentiary do not cease through the death of the Pontiff." N. 12. "The office and jurisdiction of the Cardinal Vicar in the City do not expire by the death of the Roman Pontiff." N. 19. "Likewise the office and power of Legates, Nuncios, and Apostolic Delegates do not cease while the See is vacant." N. 20.

The Almoner of the deceased Pontiff continues to exercise his office with due subjection to the Sacred College of Cardinals and dependence on it. N. 21.

The Sacred Congregations have only ordinary faculties. Moreover they use these only in granting those graces which are lesser. N. 25. To n. 521. OATH

All Cardinals in the Conclave for the election of the Supreme Pontiff are held to emit an oath according to the prescribed formula. N. 11. Likewise all Conclavists are held to emit an oath, according to the prescribed formula, concerning the secret to be kept, under penalty of excommunication latae sententiae reserved in a special manner to the future Pontiff, even privatively as regards the Sacred Penitentiary, and under penalty of privation of any benefice, pension, office, or munus, to be incurred by the very fact of transgression. N. 40. To n. 521, 550, 958, 1540. SIMONY, OATH,

"All and each of the Cardinals not impeded by health, when the little bell has been rung for the third time through the accustomed places of the conclave, must come together for the scrutiny; and if anyone shall not obey this law, he shall incur the penalty of excommunication latae sententiae." N. 37. "Once the Conclave has been closed, let no one be admitted to conversation with the Cardinals or others having part in the Conclave, unless in the presence of the Prelates to whom the custody of the Conclave is entrusted, and unless they speak in a voice and language intelligible. And if someone perchance, which God forbid, should secretly enter the Conclave itself, let him exist by that very fact deprived of every honor, grade, office, and benefice." N. 49. "We likewise will that letters, or writings of any kind, even printed, whether to those who are in the Conclave, not excepting the Cardinals of the Holy Roman Church themselves, or especially from the Conclave to those who are outside, can in no way be sent, unless first all and each are subjected to the examination and inspection of the Secretary of the Sacred College, and at the same time of the Prelates deputed to the custody of the Conclave. But We absolutely forbid all, lest daily or periodic newspapers be sent outside the Conclave. But those who act contrary shall be subject to the penalty of excommunication latae sententiae." N. 50.

"Moreover, as already in the formulas of oath reported above, both for the Cardinals of the Holy Roman Church and for the Conclavists, it has been expressed, We strictly prescribe and command that by all having part in the Conclave the secret be most religiously kept in all those things which pertain to the election of the Roman Pontiff, and in those things which are done in the Conclave, or in the place of election. Hence they are altogether held to avoid and beware of whatever can in any way violate the secret directly or indirectly, whether words, or writings, or signs, or any other things whatever; so that those violating this law incur excommunication by that very fact, from which, just as from any other penalty of excommunication imposed and inflicted against any persons, or to be imposed and inflicted below, they can be absolved by no one, not even by the Major Penitentiary by force of any faculty, except by the Roman Pontiff, unless in the article of death." N. 51.

"But specially, under penalty of the same excommunication, We prohibit the Cardinals from revealing to their familiars or Conclavists or to any others whatever those things which directly or indirectly regard the scrutiny, and likewise those things which, in Congregations of the Cardinals, whether before the Conclave or during it, were done or decreed." N. 52.

"Furthermore We prescribe, their consciences being gravely burdened, to the Cardinals of the Holy Roman Church, that a secret of this sort be kept even after the election of the new Pontiff has been accomplished, nor may it be violated in any way, unless a peculiar faculty or express dispensation for this has been granted by the same Pontiff. We will this precept to be extended to all others who had part in the Conclave, if perhaps, in good or bad faith, they have learned anything concerning those things which were done in the Conclave." N. 53.

"The crime of simony, detestable by both divine and human right, in the election of the Roman Pontiff, just as it is established to be reprobated, so We also reprobate and condemn; and We bind the guilty of this crime with the penalty of excommunication latae sententiae; nevertheless the invalidation of a simoniacal election, which God avert, established by Julius II, or by any other pontifical decree whatever, having been removed, so that the pretext for attacking the value of the election of the Roman Pontiff may be cut off. Constitution of Julius II, Cum tam divino, 19 Kal. Feb. 1905." N. 79.

"Likewise, under penalty of excommunication, We prohibit anyone, even if he shines with the honor of the Cardinalate, while the Roman Pontiff is living and without his having been consulted, from presuming to treat of the election of his Successor, or to promise any suffrage, or for this reason, private little assemblies having been made, to deliberate and decree anything. Pope Symmachus in Synod. Rom., c. 2, D. 79; Constitution of Paul IV, Cum secundum Apostolum, 17 Kal. Jan. 1558." N. 80.

"But those things which in Our aforesaid Constitution Commissum Nobis concerning the civil Veto or Exclusive, as they call it, in the election of the Supreme Pontiff We declared and sanctioned, renewing here in every part and integrally, We will to be confirmed. Wherefore again in virtue of holy obedience, under threat of divine judgment and penalty of excommunication latae sententiae, We prohibit all and each of the Cardinals of the Holy Roman Church, both present and future, and likewise the Secretary of the Sacred College of Cardinals and all others having part in the Conclave, from receiving, under any pretext, from any civil power the task of proposing the Veto or

Exclusive, even under the form of a simple desire, or from making known this Veto itself, known to them in any way, either to the whole College of Cardinals gathered together, or to individual purple-clad Fathers, whether in writing or orally, whether directly and proximately, or obliquely and through others, whether before the Conclave or while it is enduring. We will this prohibition to be extended to all interventions, intercessions, and any other modes whatever by which lay powers of whatever grade and order wish to involve themselves in the election of the Pontiff." N. 81.

"Moreover, let the Cardinals abstain from all pacts, conventions, promises, and any other obligations whatever by which they could be bound to give or not give suffrage to someone or some persons; all and each of which, if in fact they have intervened, even with an oath added, We decree null and void, and that no one is held to the observance of them; and those acting contrary We bind from now with the penalty of excommunication. Nevertheless We do not understand that treaties to be had for the election, while the See is vacant, are forbidden. Greg. X, cap. 3, Ubi periculum, § 4, de Elect., l. 6, in Sext.; Constitution of Pius IV, In eligendis, § 26; Constitution of Gregory XV, Aeterni Patris, § 18." N. 82.

"Likewise We forbid the Cardinals, before they come to the election, to draw up capitulations, or to establish certain things by common consent, to the observance of which they bind themselves if they are assumed to the Pontificate; which likewise, if in fact they have intervened, even with an oath added, We declare null and void. Constitution of Pius IV, In eligendis, § 3; Constitution of Gregory XV, Aeterni Patris, § 18." N. 83.

"Finally, with the same words as Our Predecessors, We vehemently exhort the Cardinals of the Holy Roman Church that in electing the Pontiff, led by no inclination or aversion of soul, inclined by the favor or obedience of no one, moved not by the intercession of the powerful in the world, not by force or fear or popular breath, but having before their eyes solely the glory of God and the good of the Church, they confer their votes on him whom in the Lord they have judged suitable before the rest for fruitfully and usefully governing the universal Church. Greg. X, cap. 3, Ubi periculum, § 4, de Elect., l. 6, in Sext.; Constitution of Pius IV, In eligendis, § 26; Constitution of Gregory XV, Aeterni Patris, § 23; Constitution of Clement XII, Apostolatus officium, § 5; Constitution of Pius IX, Licet per Apostolicas, 6 Id. Sept. 1874; Constitution of Leo XIII, Praedecessores Nostri; Constitution of Pius X, Commissum Nobis." N. 84.

"But since the faithful ought not so much to rely on the helps of human industry, even solicitous, as to hope in the urgency of humble and devout prayer, We add to this sanction that in all cities and other places at least more notable, as soon as the news of the Pontiff's death shall have arrived, by the Clergy and people, solemn funeral rites having been celebrated for him, humble and assiduous prayers are to be poured forth each day, until the Roman Church shall have been provided concerning its Pastor, to the Lord, that He Himself, who makes concord in His high places, may so effect the hearts of the same Cardinals in electing by concord that a swift, unanimous, and useful provision, as the salvation of souls demands and the utility of the whole world requires, may follow from their unanimity. And lest so salutary an edict of the present sanction happen to be neglected under pretext of ignorance, We prescribe that Patriarchs, Archbishops, Bishops, and other Prelates of Churches, and the rest whose office it is to announce the word of God, in their sermons diligently excite the Clergy and people, to be gathered more frequently for this especially, to frequent the suffrages of suppliant prayers for the swift and happy outcome of so great a business; and by the same authority exhort them not only to frequency of prayers, but to the observance, as circumstances to be weighed shall have advised, of fasts. Greg. X, cap. 3, Ubi periculum, § 5, de Elect., l. 6, in Sext." N. 85.

"But We ask Our elected heir and Successor that he not, deterred by the arduousness of the office, withdraw from undertaking it, but rather humbly subject himself to the counsel of the divine will: for God who imposes the burden will Himself also put His hand under it, lest he be unequal to bearing it; for He who is the author of the burden is Himself the helper of its administration; and lest the weak man succumb under the magnitude of grace, He who conferred the dignity will give strength. Constitution of Leo XIII, Praedecessores Nostri." N. 87.

"This consent having been furnished within the term, insofar as there is need, to be determined by the prudent judgment of the Cardinals through the greater number of votes, immediately the elected one is true Pope, and actually acquires full and absolute jurisdiction over the whole world and can exercise it. Hence, if anyone should dare to attack letters concerning any businesses whatever, prepared by the Roman Pontiff before his coronation, We bind him with the sentence of excommunication." N. 88.

"Then the new Roman Pontiff is published to the people waiting by the Prior of the Deacons." N. 89.

"But if the elected one is not yet Priest or Bishop, he will be ordained and consecrated by the Dean of the College of Cardinals." N. 90.

"Finally he is crowned by the Dean Cardinal Deacon." N. 91.

"Therefore, the whole cause of the matter having been gravely considered, We establish and prescribe these things, decreeing that these present letters and whatever things are contained in them ... always and perpetually exist and shall be firm, valid, and efficacious, and obtain and possess their full and integral effects, and support those whom they concern and for the time will concern, and ought to be observed by them respectively and inviolably; and that it is invalid and void if it should happen otherwise that anything be attempted concerning these things by anyone, by any authority, knowingly or ignorantly. "We also will that these Our Letters be read before all in the first Congregations accustomed to be held after the death of the Pontiff, as above (n. 11, a); again after entrance into the Conclave, as above (n. 45); likewise when someone has been raised to the honor of the purple, with an oath interposed concerning religiously retaining those things which are decreed in the present Constitution." Pius X, Constitution Vacante Sede, 25 Dec. 1904. Fr. A. LEPIDI, O.P., Master of the Sacred Apostolic Palace FRANCIS FABERI, Assessor, Vicar of the City