Distinction LXXIX

GRATIAN. Part I. The Apostolic Lord, however, is to be enthroned only by the Cardinals and religious clerics. Hence Pope Nicholas [II] says, [in the epistle in which he reports the synod held by him at Rome, c. 1]:

If anyone is enthroned in the apostolic see without the concordant and canonical election of its Cardinals and thereafter of the religious clerics following them, let him be regarded not as Pope or Apostolic Lord, but as an apostate.

Likewise Pope Symmachus, [in the First Roman Synod, cc. 3 and 5]. If anyone, while the Pope survives, is convicted of furnishing favor to anyone in any manner for the Roman pontificate, let him be deprived of the honor of his place. And below: If any priest, deacon, or cleric, while the Pope is unharmed and without consulting him, shall attempt either to lend his subscription for the Roman pontificate, to promise written pledges, to furnish an oath, certainly to promise any support, or, with private meetings held concerning this cause, to deliberate or determine anything, let him be deprived of the dignity of his place or of communion. And below: Because of the hidden frauds and secret snares of conspiracies which the judgment of this severity pursues, if anyone brings to ecclesiastical notice the counsels of those who have acted contrary to this synod concerning the ambition for the pontificate, and convicts them by reasonable proof, although a participant in an action of this kind, let him not only be purged of every fault but also be raised up by a reward that is not unworthy.

Likewise from the Council of Pope Stephen, [III]. It was fitting that this most sacred lady, our Roman Church, be duly ordered according to what was instituted by Blessed Peter and his successors, and that one of the cardinal priests or deacons be consecrated to the summit of the apostolate.

Likewise from the same. Let no layman, nor one from another order, ever presume to be promoted to the sacred pontifical honor unless, ascending through the distinct grades, he has been made a cardinal deacon or priest.

Likewise from the same. If anyone from among bishops, monks, or laymen, breaking contrary to the institutes of the canons and holy Fathers into the grade of the sons of the holy Roman Church, that is, of the cardinal priests and deacons, shall presume to enter it; and if anyone from among the aforesaid shall attempt to invade this apostolic see and shall wish to ascend to the supreme pontifical honor, let a perpetual anathema be made against him and those favoring him. And below: § 1. If anyone presumes to resist the priests and primates of the Church or all the clergy in electing a Roman Pontiff for themselves according to canonical tradition, let him be anathema.

Likewise from the Council of Pope Leo, [IV]. If anyone presumes to oppose the priests, the noble primates, or all the clergy of this holy Roman Church in the election of the Roman Pontiff, as is read to have been enacted in the council of the most blessed Popes Boniface and Stephen, let him be anathema.

Likewise from the Council of Boniface, [Pope III]. Part II. While the Roman Pontiff or the bishop of his city is living, let no one presume to speak or make parties for himself until the third day after his burial, when the clergy and sons of the Church have been assembled; and then let the election be made. Part III. GRATIAN. But it is asked: if two men have been ordained through the temerity of the contenders, which of them is to be preferred to the other? Concerning them Honorius Augustus writes as follows to Pope Boniface:

If perhaps two men have been ordained contrary to divine law through the temerity of the contenders, we permit neither of them to be the future priest; rather, we judge that he alone is to remain in the apostolic see whom divine judgment and the consent of the whole body shall elect from the number of the clerics by a new ordination. Part IV. GRATIAN. This chapter, however, is not to be understood of one who, when one man has been ordained through apostasy, is enthroned in the apostolic see by the Cardinals and religious clerics, even if that apostate has violently held the chair of Blessed Peter in such a way that a canonical election cannot be made within the City. Hence Pope Nicholas [II, in the Roman Council] enacted, saying:

If anyone is enthroned in the apostolic see by money, human favor, popular tumult, or military tumult, without the canonical and concordant election of the Cardinals and the religious clerics following them, let him be regarded not as the Apostolic Lord but as an apostate; and let it be permissible for the Cardinals and other God-fearing clerics and laymen to anathematize the invader and drive him from the apostolic see with human aid. But if they are unable to accomplish this within the City, having assembled by apostolic authority outside the City in whatever place pleases them, let them make the election, with authority granted to the elected man to govern and dispose the affairs and advantage of the holy Roman Church according to the character of the time, as though he had been enthroned. Part V. GRATIAN. The election of the Roman Pontiff, however, ought also to be made with the deliberation of his predecessor. Hence Symmachus says, [in the First Roman Synod, c. 4]:

If the Pope’s passing occurs unexpectedly, so that he cannot first determine concerning the election of his successor as was approved above, then, if the election of the whole ecclesiastical order has come together upon one man, let the elected man be consecrated bishop. But if, as is customary, the interests of those among whom the contest arises begin to be diverse, let the judgment of the greater number prevail; yet in such a way that one who, captured by a promise, determined concerning the election by a judgment that was not upright is to lack the priesthood. Part VI. GRATIAN. As was shown above, the election of supreme priests ought to be made by Cardinals and religious clerics, but their removal is reserved to divine judgment. Hence Pope Anacletus says, [to the Bishops of Italy, epistle II, c. 2]:

The Lord has reserved to himself the removal of supreme priests, although he granted their election to good priests and spiritual peoples.