Vacantic Apostolicae SedisPapal Election decree of Pope Pius XII, December 8, 1945
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The Constitution, "Vacantis Apostolicae Sedis," issued on December 8, 1945, by Pope Pius XII (Acta Ap. Sedis, XXXVIII, 65-99), has abrogated and supplanted all previous legislation regulating the election of the Pope. Papal elections, therefore, are now governed solely by this new Constitution which reforms some points of the Constitution, "Vacante Sede Apostolica," of Pope Pius X of December 25, 1904, and the Motu Pro prio of Pope Pius XI of March 1, 1922, and adopts the remaining provisions of those two Documents.
The new Constitution is divided into two parts. The first part treats of the vacancy itself of the Apostolic See and lays down the following ordinances:
(1) During the vacancy of the Apostolic See the jurisdiction which belonged to the Pope during life is not enjoyed by the Sacred College of Cardinals, and they must leave all acts of that jurisdiction to the future Pope. They cannot make disposition of the rights of the Holy See, but must strenuously and sedulously guard them. They cannot make any changes in the laws of the Church or dispense from them, particularly in regard to the provisions of this Constitution. They may, however, resolve doubts concerning this Constitution, and in eases declared urgent by vote of the majority they may, likewise by majority vote, apply the remedy which is demanded (nn. 1-5).
(2) Two special Congregations of Cardinals, one general and the other particular, are to he formed and are to meet at stated times. The Particular Congregation shall be composed of the Cardinal Camerarius and three Cardinals who are the first in seniority in the three Orders of the Sacred College; on each third day these Cardinals are to be succeeded by the next three in seniority. This Congregation deals only with matters of minor importance, leaving all major questions to the General Congregation to be decided by majority vote. The General Congregation meets daily beginning on a day after the Pope's death to he determined by the Particular Congregation, and continuing up to the opening of the Conclave. Its meetings are held in the Vatican Palace, or elsewhere if circumstances, in the judgment of the Cardinals, demand it; they are presided over by the Dean of the College or, if he is impeded, by the Subdean. Its decisions are to be made, not orally, but by secret vote. This Congregation arranges for the obsequies for the de ceased Pope and for the opening of the Conclave. In particular,
(b) It prepares for the Conclave and arranges the obsequies for the deceased Pope and his burial.
(j) It distributes the rooms for the Conclave by lot, unless the age or state of health of a Cardinal demands otherwise.
(3) During the vacancy of the Holy See the power and faculties of the Cardinal Camerarius, Major Penitentiary, Chancellor, Vicar of Rome, and those of the Apostolic Legates, Nuncios, and Delegates re main in force. For urgent eases the Cardinal Major Penitentiary enjoys all powers pertaining in any way to the forum of conscience, even such as at other times would exceed his competency. The office of Secretary of State, however, expires and its duties are assumed by the Secretary of. the Sacred College. The Sacred College itself assumes the govern ment of Vatican City State (nn. 13-23).
(4) The Sacred Congregations retain those faculties which are proper to them, as well as any conceded to them by Apostolic Letters. Powers to be exercised by them only verbo facto cum Sanctissimo or ex audientia Sanctissimi or rigore specialium et extraordinariarum facul tatum, are not retained during the vacancy of the Holy See. In the use of the powers retained by the Sacred Congregations, the resolution of matters of major importance should, if possible, be put off until after the election of the new Pope. The Holy Roman Rota and the Apostolic Signatura retain their jurisdiction, to be exercised during the vacancy of the Holy See according to the laws proper to themselves (an. 24-28)
(5) Funeral services are to be held for the deceased Pope for iiine days, even though interrupted and afterwards resumed, and with special solemnity on the last three days. On the last day the oration Pro Ponti fice defuncto is to be recited by the ecclesiastic deputed for this. If the interment takes place in the Vatican Basilica, documents certifying the entombment are to be duly drawn up and signed by those designated for this. If the Pope died outside of Rome, the Sacred College shall make all provisions for the fitting transfer of his body to the Vatican Basilica (nn. 29-31).
The second part of the Constitution deals with the election itself of the Supreme Pontiff and contains the following ordinances:
(1) The right to elect the future Pope belongs solely to the Sacred College of Cardinals to the exclusion of any intervention by any other civil or ecclesiastical authority or dignity, or even by a General Council, which, if it is in session at the time, is ipso facto suspended on the death of the Pope until reconvened by the new Pope. Of the Cardinals, each and every one has the right to vote in the election, even though under excommunication. Cardinals who have been deposed or who have resigned, however, are barred and may not be reinstated even for the purpose of voting. Fifteen days must be allowed to elapse before the voting in order to permit the other Cardinals to arrive. This period may be extended to eighteen days by decision of the Sacred College. After
the voting has begun, Cardinals arriving late must be admitted to vote if the new Pope has not yet been elected. All Cardinals are bound under obedience to attend the Conclave, unless excused for legitimate impedi ment by the Sacred College. During the Conclave at the third sound of the bell cacti Cardinal present must under pain of excommunication respond and go to the place of balloting. The Constitution also pre scribes the garments to be worn by the Cardinals during the vacancy of the Holy See, in the General Congregations and in the Conclave (nn.
32-42).
(2) Each Cardinal may have two clerics or two laymen or a cleric and a layman in attendance, but only one, a layman, may accompany him into the Conclave. A third attendant may be permitted to infirm Cardinals. All attendants must take the prescribed oath. Among the attendants to be admitted to the Conclave are also included the Secretary of the Sacred College, the Sacristan of the Apostolic Palace with one or more clerics as assistants to be determined by the Sacred College, the Prefect of Apostolic Ceremonies, and not more than six Masters of Ceremonies, one religious as confessor, two physicians, one surgeon, and other necessary attendants to be chosen by the Commission of Cardinals (nn. 43-49).
(3) After the obsequies for the deceased Pope and the preparations for the Conclave have been completed, on the day determined the Cardinals assemble in the Basilica of St. Peter, or elsewhere according to cir cuinstanees of time aad place, and there the Mass De Spiritu Sancto is celebrated by the Dean of the Sacred College or one of the senior Cardinals, at the end of which a sermon is preached reminding the Cardinais of their sacred duty. Then immediately, or in the evening, the Cardinals go in procession into the Conclave. All persons who are not to remain arc then excluded, this Constitution is again read, and the eath is again taken by all the Cardinals. The Cardinal Dean preaches a brief sermon on the duty of the Cardinals. All who arc to guard the Conclave then take the oath in the presence of the Sacred College, and the Cardinals retire to the rooms assigned to them. All who are to re main in attendance in the Conclave assemble in the chapel where they are carefully identified. All others withdraw. The Conclave is then enclosed from within and without, and this act is properly certified by documents duly drawn up and signed by those who are responsible for the interior and the exterior enclosure (nn. 50-56).
(4) The election of the new Pope must take place in closed Con clave, although violation of the enclosure will not invalidate the election. The enclosure, therefore, is to be carefully guarded against violation, and violators of it are to he expelled and punished. After the Conclave has been enclosed, no one is to be admitted to speak with the Cardinals
or others, except in intelligible voice and language and in the presence of those who are charged with the duty of guarding the enclosure. All incoming and outgoing letters, etc., to whomsoever they are directed, must first be inspected by the Secretary of the Sacred College and those who guard the enclosure. Correspondence, however, between the Sacred Penitentiary and the Cardinal Major Penitentiary, marked with the seal of that office, is excepted from this inspection. Newspapers, bulletins, etc., may not be sent into or out of the Conclave under pain of excommunication. Strict secrecy under pain of excommunication is binding on all, Cardinals and Conclavists alike, as regards the election and everything that takes place during the Conclave. All excommunications laid down in this Constitution are reserved, except in daiiger of death, exclusively to the new Pope and cannot be absolved by the Cardinal Major Penitentiary in virtue of any faculty he may have. The Cardinals arc forbidden under pain of excommunication to reveal to their attend ants, Conclavists, or anyone else, whatever directly or indirectly is related to the balloting, or what transpires in the General Congregations before or during the Conclave having any bearing on the election. They and all of the Conclavists are also bound in conscience not to violate the secrecy in these matters even after the election is over. The better to insure the maintenance of secrecy, the bringing of telegraphs, tele phones, microphones, radiophones, photographic instruments, moving picture cameras, etc., into the Conclave is strictly prohibited (nn.57-64).
(5) On the morning after the enclosure of the Conclave at the usual sound of the bell the Cardinals assemble in the chapel, and there they either celebrate Holy Mass or receive Holy Communion. Then the Sacristan recites the hymn, Veni, Creator Spiritus, with the oration, after which the election begins. The election may take place in any one of three forms: by inspiration, by compromise, or by ballot. Election by inspiration occurs when all unanimously and viva voce, as if inspired by the Holy Ghost, proclaim some one Pope. This form can be used only in closed Conclave and by all of the Cardinals present in the Con clave, even those confined to their rooms by infirmity, with not even one dissenting. Election by compromise takes place when the Cardinals, without even one dissenting, unanimously choose three, five or seven Cardinals as delegates to choose the Pope, and all of the Cardinals agree to accept their choice. Beforehand the Sacred College determines how the Corn prornissarii are to proceed, for example, whether they must first propose their choice to the Sacred College, whether they must agree unanimously or only by majority, whether they must choose one from the Sacred College, etc. When they have observed these restrictions and have agreed on the one to be elected, their choice is promulgated in the
Conclave, and he is the canonical and true Pope. The ordinary form of the election is that which takes place by ballot. In this form two-thirds plus one of all the votes of all the Cardinals present in the Conclave arc required for valid election. This additional requirement of one vote more than two-thirds is new, and makes it unnecessary ever to open the ballots to see whether the one elected voted for himself. Election by ballot takes place in three stages during each balloting: the ante-s cru tiniurn, scrutiniurn and the post-scrutinium The procedure in each stage is minutely regulated by this Constitution, which also furnishes a facsimile of the ballot form (which is simpler than that used formerly). The actual balloting, or scrutiniurn, takes place as follows: The Secretary of the Sacred College leaves so that only the Cardinals remain and the junior Cardinal Deacon closes and guards the door. Each Cardinal writes secretly on his ballot the name of the one for whom he is voting, disguising his writing as far as possible. He then folds the ballot across the middle. Then in the order of precedence each one, placing the ballot between the first two fingers of his right hand held aloft, carries it to the altar on which are placed a large chalice and paten and near which stand the tellers. Kneeling there he prays briefly. Then rising he pronounces in a clear and intelligible voice this oath: "I call to witness Jesus Christ, who will judge me, that I am electing the one who I judge according to .God should be elected." He then places the ballot on the paten and slides it into the chalice. This is repeated by each Cardinal until all of them have voted. The tellers bring the ballots from the Cardinals who are present in the chapel but are unable to walk to the altar. Three Cardinals are to be appointed to take the ballots from those who because of illness must remain in their rooms. To expedite the voting, the Cardinals deputed for this may cast their ballots immediately after the Dean of the Sacred College and then go to the sick while the other Cardinals are voting. When all have voted, the ballots are shuffled in the chalice covered with the paten by the first teller. Then they are counted and, if the number does not correspond with the num ber of Cardinals, they are immediately destroyed by fire and the ballot ing is repeated. If the number of ballots corresponds with that of the Cardinals, they are opened, read, recorded and announced by the tellers, the third teller announcing the names clearly so that the Cardinals can record the results. The ballots are then sewed together on a string by the third teller with the aid of a needle and thread (afterwards knotted), and are set aside. The results of the balloting arc again checked. If anyone has received two-thirds of the votes plus one and this has been duly certified, he is elected, and the ballots are burned at once. If no one was elected, a second balloting takes place immediately without repetition of the oath, etc., and the ballots of the first voting are kept
to be burned with those of the second. When the ballots arc burned, all of the Cardinals, in order to safeguard the secrecy, are bound under obedience to surrender to be burned simultaneously all notes, etc., taken during the voting. The balloting as described, and preceded by the hymn, Veni, Creator Spiritus, with the oration, takes place twice each day, in the morning after the Mass and at an opportune hour in the afternoon, until the new Pope is elected. The provisions of this Constitution governing the vacancy of the Holy See and the election of the new Pope are to be observed even if the Holy See should become vacant through the resignation of the Supreme Pontiff (nn. 65-91).
(6) Simony, whether of the divine or the human law, in the election is condemned under pain of excommunication, but not under pain of invalidity of the election, so that the vahdity of the election of the Pope cannot be attacked by anyone on this pretext. All promises and private agreements, made during the lifetime of the Pdpe without consulting him, concerning the election of his successor are forbidden under pain of excommunication. All Cardinals present and future, the Secretary of the Sacred College, and all who take any part in the Conclave are forbidden in obedience and under pain of excommunication to accept from any civil power a Veto or Exclusiva to be transmitted in any way whatsoever to the Sacred College, even in the form of a simple desire. This prohibition is now extended to any form of attempted intervention in the election by laical powers or dignitaries. The Cardinals are to refrain from pacts, agreements, promises, etc., in regard to voting. All these are invalid and not binding on anyone even though confirmed by oath, and those who make them are punished by excommunication. While discussions about the election are not forbidden to the Cardinals during the vacancy of the See, they are forbidden to commit themselves by common consent to observe certain things if elected. Such agreements, even if confirmed by oath, are declared null and void and not binding on the new Pope. The only motive of the electors is to be the election of the one who is best fitted to govern the universal Church fruitfully and usefully. Hence, in the entire world as soon as word of the Pope's death is received, clergy and people are to implore God to provide the Church with a worthy successor in a speedy and unanimous election. Patriarchs, Archbishops, Bishops and other Prelates, as well as all preachers, are to exhort the clergy and the faithful, specially congregated for this purpose, to pray earnestly, and according to circumstances even to fast, for the speedy and happy outcome of the Conclave. Finally, the one elected is urged not to be deterred from accepting the office because of its arduousness, but to submit humbly to the Divine Will confident that God who imposes the burden will also give the strength to bear it (nn. 92-99).
(7) When the canonical election has taken place, the junior Cardinal Deacon summons the Secretary of the Sacred College, the Prefect of Apostolic Ceremonies and two Masters of Ceremonies into the chapel, and the Dean of the Sacred College in the name of all asks the one elected whether he accepts the office. He must express his acceptance or refusal of the office within the period of time determined by the Sacred College by majority vote of the Cardinals. The moment he accepts, he is the true Pope and obtains and may exercise full and absolute jurisdiction over the whole world. The Dean asks him what name he chooses. The acceptance of the office and the choice of a name arc then certified by document. This done, the Cardinals show the first "adoration" to the new Pope and the Te Deurn is sung, after which the first Cardinal Deacon announces the new Pope to the people, before whom after a short interval the new Pope appears and gives the blessing Urbi et Orbi. This is followed by the second "adoration" by the Cardinals. The Conclave is then opened at the command of the Pope and this is certified by document. Those outside who are accustomed to be admitted are then brought in for the "adoration." The third adoration by the Cardinals is left for a time to be set by the Pope and announced by the Prefect of Apostolic Ceremonies. If the one elected is not a priest or bishop, he is to he ordained or consecrated by the Dean of the Sacred College, who in this case wears the palliurn. In the absence of the Dean, this privilege belongs to the Subdean; and if he, too, is absent, to the senior Cardinal Suburbicarian Bishop. Finally, the coronation of the new Pope by the first Cardinal Deacon takes place.'
APPENDIX III
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