Jus exclusivae

"Jus Exclusivæ" (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. At times the right was claimed by the French monarch, the Spanish monarch, the Holy Roman Emperor, and the Emperor of Austria. These powers would make known to a papal conclave, through a crown-cardinal, that a certain candidate for election was considered objectionable as a prospective pope.

This right seems to have been claimed during the 17th century. It does not seem to be related to a 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. Spain, which ruled much of Italy at the time, raised the claim in 1605. In 1644, in the conclave which elected Cardinal Giovanni Battista Pamphili (who became Pope Innocent X), "Jus Exclusivæ" was first exercised, by Spain, to exclude Cardinal Sacchetti. Cardinal Jules Mazarin of France arrived too late at that conclave to present the veto of France against Cardinal Pamphili, who had already been elected. Around this period, treatises arise in defence of this right.

imilar actions prior to 1644

*Papal conclave, 1314–1316 - the Count of Forez vetoed Arnaud Fournier on behalf of Philip, Count of Poitiers (future Philip V of Frnace)

Instances of Jus Exclusivae being exercised after 1644

*Papal conclave, 1655 – Giulio Cesare Sacchetti, by Philip IV of Spain
*Papal conclave, 1669-1670 – Benedetto Odeschalchi, by Louis XIV of France
*Papal conclave, 1700 – Galeazzo Marescotti, by Louis XIV of France
*Papal conclave, 1721 – Fabrizio Paolucci, by the Emperor Charles VI; and Francesco Pignatelli, by Philip V of Spain
*Papal conclave, 1730 – Giuseppe Renato Imperiali, by Philip V of Spain
*Papal conclave, 1740 – Pier Marcellino Corradini, by Philip V of Spain
*Papal conclave, 1758 – Carlo Alberto Guidoboni Cavalchini, by Louis XV of France
*Papal conclave, 1774-1775 - Giovanni Carlo Boschi, by the Bourbon courts
*Papal conclave, 1823 – Antonio Gabriele Severoli by Francis I of Austria
*Papal conclave, 1830-1831 – Giacomo Giustiniani, by Ferdinand VII of Spain
*Papal conclave, 1903 – Mariano Rampolla, by Franz Joseph I of Austria-Hungary

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, who was close to being elected) 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)"

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.

ee also

*Papal appointment

References

*Catholic Encyclopedia, [http://www.newadvent.org/cathen/05677b.htm Right of Exclusion] .