This article includes a list of references, but its sources remain unclear because it has insufficient inline citations . (March 2011) (Learn how and when to remove this template message)
|Part of a series on the|
| Canon law of the|
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. 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.
Latin is a classical language belonging to the Italic branch of the Indo-European languages. The Latin alphabet is derived from the Etruscan and Greek alphabets and ultimately from the Phoenician alphabet.
A monarch is a sovereign head of state in a monarchy. A monarch may exercise the highest authority and power in the state, or others may wield that power on behalf of the monarch. Typically a monarch either personally inherits the lawful right to exercise the state's sovereign rights or is selected by an established process from a family or cohort eligible to provide the nation's monarch. Alternatively, an individual may become monarch by conquest, acclamation or a combination of means. A monarch usually reigns for life or until abdication.
Europe is a continent located entirely in the Northern Hemisphere and mostly in the Eastern Hemisphere. It is bordered by the Arctic Ocean to the north, the Atlantic Ocean to the west, Asia to the east, and the Mediterranean Sea to the south. It comprises the westernmost part of Eurasia.
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 legal claim of jus exclusivae, during the 17th century, when treatises in defence of this right first appear. Spain, which ruled much of Italy at the time, raised the claim in 1605 and again in 1644 at the conclave that elected Cardinal Giovanni Battista Pamphili (who became Pope Innocent X) to exclude Giulio Cesare Sacchetti.
The Byzantine Empire, also referred to as the Eastern Roman Empire or Byzantium, was the continuation of the Roman Empire in its eastern provinces during Late Antiquity and the Middle Ages, when its capital city was Constantinople. It survived the fragmentation and fall of the Western Roman Empire in the 5th century AD and continued to exist for an additional thousand years until it fell to the Ottoman Turks in 1453. During most of its existence, the empire was the most powerful economic, cultural and military force in Europe. "Byzantine Empire" is a term created after the end of the realm; its citizens continued to refer to their empire simply as the Roman Empire, or Romania (Ῥωμανία), and to themselves as "Romans".
Historians typically regard the Early Middle Ages or Early Medieval Period, sometimes referred to as the Dark Ages, as lasting from the 5th or 6th century to the 10th century. They marked the start of the Middle Ages of European history. The alternative term "Late Antiquity" emphasizes elements of continuity with the Roman Empire, while "Early Middle Ages" is used to emphasize developments characteristic of the earlier medieval period. As such the concept overlaps with Late Antiquity, following the decline of the Western Roman Empire, and precedes the High Middle Ages.
A treatise is a formal and systematic written discourse on some subject, generally longer and treating it in greater depth than an essay, and more concerned with investigating or exposing the principles of the subject.
Giulio Cesare Sacchetti was an Italian Catholic Cardinal and was twice included in the French Court's list of acceptable candidates for the Papacy, in 1644 and 1655.
Philip IV was King of Spain and Portugal. He ascended the thrones in 1621 and reigned in Spain until his death and in Portugal until 1640. Philip is remembered for his patronage of the arts, including such artists as Diego Velázquez, and his rule over Spain during the Thirty Years' War.
Galeazzo Marescotti was an Italian cardinal.
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.
Klemens Wenzel Nepomuk Lothar, Prince of Metternich-Winneburg zu Beilstein was an Austrian diplomat who was at the center of European affairs for four decades as the Austrian Empire's foreign minister from 1809 and Chancellor from 1821 until the liberal Revolutions of 1848 forced his resignation.
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.
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.
Papabile (, also, Italian: [paˈpaːbile]; pl.papabili; lit. "pop able" or "able to be pope" 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.
A papal bull is a type of public decree, letters patent, or charter issued by a pope of the Catholic Church. It is named after the leaden seal (bulla) that was traditionally appended to the end in order to authenticate it.
Pope Pius IV, born Giovanni Angelo Medici, was Pope from 25 December 1559 to his death in 1565. Born in Milan, his family was not related to the more prominent Medici of Florence.
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, there was no German Empire and no Austrian Empire. Spain became a republic and eventually became 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.
Pope Pius IX, born Giovanni Maria Mastai Ferretti, was head of the Catholic Church from 16 June 1846 to his death on 7 February 1878. He was the longest-reigning elected pope in the history of the Catholic Church, serving for over 31 years. During his pontificate, Pius IX convened the First Vatican Council (1869–70), which decreed papal infallibility, but the council was cut short owing to the loss of the Papal States.
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 by a Catholic monarch.
A papal conclave is a meeting of the College of Cardinals convened to elect a Bishop of Rome, also known as the Pope. The Pope is considered by Roman 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 papal conclave of 1903 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 papal conclave of 1914 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 papal conclave of 1846. 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 papal conclave of 1799–1800 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.
Cardinal Rafael Merry del Val y Zulueta, OL was a Spanish Roman Catholic cardinal.
The papal conclave of 1823 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.
The Squadrone Volante was a 17th-century group of independent and liberal cardinals within the College of Cardinals of the Roman Catholic Church. It attempted to influence the outcome of a number of papal conclaves.
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.
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 papal conclave of 1655 was convened following the death of Pope Innocent X and ended with the election of Fabio Chigi as Alexander VII. The conclave quickly reached a deadlock, with Giulio Cesare Sacchetti receiving 33 votes throughout the conclave, but never securing enough for his own election. Chigi was eventually elected Pope when Cardinal Mazarin, the leader of the French government, consented to his election at the request of Sacchetti.
The papal conclave of 1730 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.