Jus Exclusivae - Papal Attitude Toward The Jus Exclusivae

Papal Attitude Toward The Jus Exclusivae

The right has never been formally recognised by the papacy, though conclaves have considered it expedient to recognise secular objections to certain papabili (persons considered as likely candidates for the papacy), and to accept secular interference as an unavoidable abuse. By the Bull In eligendis (9/10/1562) Pope Pius IV ordered the cardinals to elect a Pope without deference to any secular power. The Bull Aeterni Patris Filius (15/11/1621) forbids cardinals to conspire to exclude any candidate. These pronouncements however, do not specifically condemn the jus exclusivae. In the Constitution In hac sublimi (23/08/1871) Pius IX did however forbid any kind of secular interference in papal elections. The most recent exercise of the right (in 1903 to exclude Cardinal Rampolla) was deplored by the conclave that elected Cardinal Sarto (Pius X) instead. Pius X absolutely forbade the jus exclusivae in the Constitution Commissum Nobis (20/01/1904)"

Wherefore in virtue of holy obedience, under threat of the Divine judgment, and pain of excommunication latae sententiae… we prohibit the cardinals of the Holy Roman Church, all and single, and likewise the Secretary of the Sacred College of Cardinals, and all others who take part in the conclave, to receive even under the form of a simple desire the office of proposing the veto in whatever manner, either by writing or by word of mouth… And it is our will that this prohibition be extended… to all intercessions, etc… by which the lay powers endeavour to intrude themselves in the election of a pontiff… Let no man infringe this our inhibition… under pain of incurring the indignation of God Almighty and of his Apostles, Sts. Peter and Paul.

The cardinals in conclave were enjoined to take this oath: "we shall never in any way accept, under any pretext, from any civil power whatever, the office of proposing a veto of exclusion even under the form of a mere desire… and we shall never lend favour to any intervention, or intercession, or any other method whatever, by which the lay powers of any grade or order may wish to interfere in the election of a pontiff".

No power has attempted to exercise the right since 1903. Heads of states do still however maintain an interest in papal elections, on account of the worldwide influence the papacy exercises. It is not impossible that a secular power could influence a conclave but conclave regulations mimimalise the possibility.

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