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Jus exclusivae (Latin for "right of exclusion"; sometimes called the papal veto) was the right claimed by several Catholic monarchs of Europe to veto a candidate for the papacy. Although never formally recognized by the Catholic Church, the French monarch, the Spanish monarch, and the Holy Roman Emperor (which later became the Emperor of Austria) claimed this right at various times, making known to a papal conclave, through a crown-cardinal, that the monarch deemed a particular candidate for the papacy objectionable.
The right exercised by Byzantine emperors and Holy Roman Emperors to confirm the election of a Pope, which was last exercised in the Early Middle Ages, appears unrelated to the Early modern legal claim of jus exclusivae by the Holy Roman Empire, France, and Spain. Pope Pius IV, in his bull In Elgidendis (1562), excluded formal support of the Church to such rights and external interventions in the conclave. It was explicitly forbidden in 1904 with the bull Commissum Nobis of Pope Pius X.
In the 17th century, treatises in defence of this right first appear. It was notably invoked in 1644 by both Spain and France. Spain used it to exclude the election of Giulio Cesare Sacchetti, whereas France failed to veto the election of Giovanni Battista Pamphili (who became Pope Innocent X).
At the 1846 Papal conclave, Austrian Chancellor Klemens von Metternich confided Austria's veto of Cardinal Giovanni Maria Mastai-Ferretti to Cardinal Carlo Gaetano Gaisruck, Archbishop of Milan, who arrived too late.
The right has never been formally recognized by the papacy, though conclaves have considered it expedient to recognize secular objections to certain papabili , that is, candidates for the papacy, and to accept secular interference as an unavoidable abuse. By the papal bull In eligendis of 9 October 1562 Pope Pius IV ordered the cardinals to elect a pope without deference to any secular power. The bull Aeterni Patris Filius (of 15 November 1621) forbids cardinals to conspire to exclude any candidate. These pronouncements however, did not specifically condemn the jus exclusivae. In the apostolic constitution In hac sublimi of 23 August 1871 Pope Pius IX forbade any kind of secular interference in papal elections.
The most recent attempt to exercise the right to exclude Cardinal Rampolla in 1903 was rejected by the conclave, although over the course of several ballots Rampolla, who had been the leading candidate, lost support until the conclave elected Cardinal Sarto, Saint Pius X. The following year, Pius X forbade the jus exclusivae in the apostolic constitution Commissum Nobis of 20 January 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.
Since then the cardinals in conclave have been 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 openly attempted to exercise the right since 1903. France had become a republic in 1870. After World War I, the German Empire and Austrian Empire where abolished. Spain became a republic and eventually a constitutional monarchy. During the 1963 conclave, Generalissimo Francisco Franco made an unsuccessful attempt to block the election of Cardinal Giovanni Montini. He sent the College of Cardinals some "advice" through Cardinal Arcadio Larraona, a native of Spain who was then the Prefect of the Congregation of Rites. It was carefully drafted to fall outside the forms of influence that Pius X had prohibited, but the cardinals nevertheless thought it outrageous.
Pius IX was head of the Catholic Church from 1846 to 1878, the longest verifiable papal reign. After starting as a liberal he reversed positions and strongly condemned liberalism. He was notable for convoking the First Vatican Council in 1868 and for permanently losing papal control of the Papal States in 1870 to the Kingdom of Italy. He refused to leave Vatican City, declaring himself a "prisoner of the Vatican". His diplomacy mixes many failures with some successes such as Austria-Hungary, Portugal, Spain, Canada, Tuscany, Ecuador, Venezuela, Honduras, El Salvador, and Haiti.
Papabile is an unofficial Italian term first coined by Vaticanologists and now used internationally in many languages to describe a Roman Catholic man, in practice always a cardinal, who is thought a likely or possible candidate to be elected pope. In Italy the term has become very common and people use it for other analogous situations, too.
Mariano Rampolla del Tindaro was an Italian Cardinal in the Roman Catholic Church, and the last man to have his candidacy for papal election vetoed through jus exclusivae by a Catholic monarch.
A papal conclave is a gathering of the College of Cardinals convened to elect a bishop of Rome, also known as the pope. The pope is considered by Catholics to be the apostolic successor of Saint Peter and earthly head of the Catholic Church.
Prince Jan Duklan Maurycy Paweł Puzyna de Kosielsko was a Polish Roman Catholic Cardinal who was auxiliary bishop of Lwów from 1886 to 1895, and the bishop of Kraków from 1895 until his death in 1911. Named a Cardinal in 1901, he was known for his conservative views and authoritarianism.
The 1903 papal conclave followed the death of Pope Leo XIII after a reign of 25 years. Some 62 cardinals participated in the balloting. Emperor Franz Joseph of Austria asserted the right claimed by certain Catholic rulers to veto a candidate for the papacy, blocking the election of the leading candidate, Cardinal Secretary of State Mariano Rampolla.
The 1914 papal conclave was held to choose a successor to Pope Pius X, who had died in the Vatican on 20 August 1914.
The death of Pope Gregory XVI on 1 June 1846 triggered the 1846 papal conclave. Fifty of the 62 members of the College of Cardinals assembled in the Quirinal Palace, one of the papal palaces in Rome and the seat of two earlier 19th century conclaves. The conclave began on 14 June and had to elect a pope who would not only be head of the Catholic Church but also the head of state and government of the Papal States, the extensive lands around Rome and Northern Italy which the Catholic Church governed.
The 1799–1800 papal conclave followed the death of Pope Pius VI on August 29, 1799, and led to the selection as pope of Barnaba Niccolò Maria Luigi Chiaramonti, who took the name Pius VII, on March 14, 1800. This conclave was held in Venice and was the last to take place outside Rome. This period was marked by uncertainty for the Pope and the Roman Catholic Church following the invasion of the Papal States and abduction of Pius VI under the French Directory.
Rafael Merry del Val y Zulueta, was a Spanish Roman Catholic cardinal.
The 1823 papal conclave was convoked following the death of Pope Pius VII on 20 August 1823. The conclave began on 2 September and ended 26 days later with the election of Cardinal Annibale Sermattei della Genga who became Pope Leo XII.
Giuseppe (Andrea) Albani was an Italian Roman Catholic Cardinal. He played an important role in the elections of Leo XII, Pius VIII and Gregory XVI.
Luigi Oreglia di Santo Stefano was a cardinal of the Catholic Church in the late nineteenth century. He was Bishop of Ostia e Velletri and Dean of the Sacred College of Cardinals from 1896 until his death.
A crown-cardinal was a cardinal protector of a Roman Catholic nation, nominated or funded by a Catholic monarch to serve as their representative within the College of Cardinals and, on occasion, to exercise the right claimed by some monarchs to veto a candidate for election to the papacy. More generally, the term may refer to any cardinal significant as a secular statesman or elevated at the request of a monarch.
A conclave capitulation was a compact or unilateral contract drawn up by the College of Cardinals during a papal conclave to constrain the actions of the pope elected by the conclave. The legal term capitulation more frequently refers to the commitment of a sovereign state to relinquish jurisdiction within its borders over the subjects of a foreign state. Before balloting began, all cardinals present at the conclave would swear to be bound by its provisions if elected pope. Capitulations were used by the College of Cardinals to assert its collective authority and limit papal supremacy, to "make the Church an oligarchy instead of a monarchy." Similar electoral capitulations were used on occasion from the 14th to the 17th centuries in Northern and Central Europe to constrain an elected king, emperor, prince, or bishop.
Karl Kajetan von Gaisruck was an Austrian Cardinal and the archbishop of Milan from 1816 to 1846. He also held the title of Graf or Count.
Giovanni Carlo Boschi was an Italian clergyman who was made a cardinal by Pope Clement XIII in the consistory of 21 July 1766. He then served as Major Penitentiary from 1767 to 1788, and participated in the papal conclaves of 1769 and 1774–75. In the latter, the jus exclusivae was used on behalf of the Bourbons to veto his election to the papacy. His other offices included prefect of the Congregation for the correction of the books of the Oriental Church.
The 1730 papal conclave elected Pope Clement XII as the successor to Pope Benedict XIII.
Pope Pius XI instituted a new rule for setting the date for the start of a papal conclave to elect a new pope by promulgating the document Cum proxime on 1 March 1922, less than a month after his own election. The four non-European cardinals had not participated in the conclave that elected him in February. Three of them arrived too late and one did not attempt the journey. With Cum proxime, Pius XI extended the time between the death of a pope and the start of the conclave to increase the likelihood that cardinals from distant locations could reach Rome in time to participate.