Jus Exclusivae
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''Jus exclusivae'' (
Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
for "right of exclusion"; sometimes called the papal veto) was the right claimed by several
Catholic The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
monarch A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority ...
s of
Europe Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a Continent#Subcontinents, subcontinent of Eurasia ...
to veto a candidate for the
papacy The pope ( la, papa, from el, πάππας, translit=pappas, 'father'), also known as supreme pontiff ( or ), Roman pontiff () or sovereign pontiff, is the bishop of Rome (or historically the patriarch of Rome), head of the worldwide Cathol ...
. Although never formally recognized by the Catholic Church, the French monarch, the
Spanish monarch , coatofarms = File:Coat_of_Arms_of_Spanish_Monarch.svg , coatofarms_article = Coat of arms of the King of Spain , image = Felipe_VI_in_2020_(cropped).jpg , incumbent = Felipe VI , incumbentsince = 19 Ju ...
, and the
Holy Roman Emperor The Holy Roman Emperor, originally and officially the Emperor of the Romans ( la, Imperator Romanorum, german: Kaiser der Römer) during the Middle Ages, and also known as the Roman-German Emperor since the early modern period ( la, Imperat ...
(which later became the
Emperor of Austria The Emperor of Austria (german: Kaiser von Österreich) was the ruler of the Austrian Empire and later the Austro-Hungarian Empire. A hereditary imperial title and office proclaimed in 1804 by Holy Roman Emperor Francis II, a member of the Ho ...
) claimed this right at various times, making known to a
papal conclave A papal conclave is a gathering of the College of Cardinals convened to elect a Bishops in the Catholic Church, bishop of Rome, also known as the pope. Catholics consider the pope to be the Apostolic succession, apostolic successor of Saint ...
, through a
crown-cardinal A crown-cardinal ( it, cardinale della corona) 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 rig ...
, that the monarch deemed a particular candidate for the papacy objectionable.


Early history

The right exercised by
Byzantine The Byzantine Empire, also referred to as the Eastern Roman Empire or Byzantium, was the continuation of the Roman Empire primarily in its eastern provinces during Late Antiquity and the Middle Ages, when its capital city was Constantinopl ...
emperors and Holy Roman Emperors to confirm the election of a Pope, which was last exercised in the
Early Middle Ages The Early Middle Ages (or early medieval period), sometimes controversially referred to as the Dark Ages, is typically regarded by historians as lasting from the late 5th or early 6th century to the 10th century. They marked the start of the Mi ...
, appears unrelated to the Early modern legal claim of ''jus exclusivae'' by the Holy Roman Empire, France, and Spain.
Pope Pius IV Pope Pius IV ( it, Pio IV; 31 March 1499 – 9 December 1565), born Giovanni Angelo Medici, was head of the Catholic Church and ruler of the Papal States from 25 December 1559 to his death in December 1565. Born in Milan, his family considered ...
, 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 Pope Pius X ( it, Pio X; born Giuseppe Melchiorre Sarto; 2 June 1835 – 20 August 1914) was head of the Catholic Church from 4 August 1903 to his death in August 1914. Pius X is known for vigorously opposing modernist interpretations of C ...
. In the 17th century,
treatise 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 and its conclusions."Treat ...
s 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 Giulio Cesare Sacchetti (1586 – 28 June 1663) 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. Early life Sacchetti was born in 1586, the second su ...
, whereas France failed to veto the election of Giovanni Battista Pamphili (who became
Pope Innocent X Pope Innocent X ( la, Innocentius X; it, Innocenzo X; 6 May 1574 – 7 January 1655), born Giovanni Battista Pamphilj (or Pamphili), was head of the Catholic Church and ruler of the Papal States from 15 September 1644 to his death in January ...
).


Right asserted since 1644

* 1644 Papal conclave
Giulio Cesare Sacchetti Giulio Cesare Sacchetti (1586 – 28 June 1663) 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. Early life Sacchetti was born in 1586, the second su ...
, by
Philip IV of Spain Philip IV ( es, Felipe, pt, Filipe; 8 April 160517 September 1665), also called the Planet King (Spanish: ''Rey Planeta''), was King of Spain from 1621 to his death and (as Philip III) King of Portugal from 1621 to 1640. Philip is remembered f ...
* 1655 Papal conclave
Giulio Cesare Sacchetti Giulio Cesare Sacchetti (1586 – 28 June 1663) 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. Early life Sacchetti was born in 1586, the second su ...
, by
Philip IV of Spain Philip IV ( es, Felipe, pt, Filipe; 8 April 160517 September 1665), also called the Planet King (Spanish: ''Rey Planeta''), was King of Spain from 1621 to his death and (as Philip III) King of Portugal from 1621 to 1640. Philip is remembered f ...
* 1669–70 Papal conclave
Benedetto Odescalchi Pope Innocent XI ( la, Innocentius XI; it, Innocenzo XI; 16 May 1611 – 12 August 1689), born Benedetto Odescalchi, was head of the Catholic Church and ruler of the Papal States from 21 September 1676 to his death on August 12, 1689. Poli ...
, by
Louis XIV , house = Bourbon , father = Louis XIII , mother = Anne of Austria , birth_date = , birth_place = Château de Saint-Germain-en-Laye, Saint-Germain-en-Laye, France , death_date = , death_place = Palace of Vers ...
of France *
1700 Papal conclave The 1700 papal conclave was convened following the death of Pope Innocent XII. It ended in the election of Cardinal Giovanni Albani as Pope Clement XI. The conclave saw a rise in the dominance of the ''zelanti'' faction College of Cardinals. It ...
Galeazzo Marescotti Galeazzo Marescotti (1 October 1627 – 3 July 1726) was an Italian cardinal. Biography He was born in Vignanello, Italy. His father was named Sforza Marescotti and his mother was Vittoria Ruspoli, both born to prominent aristocratic famil ...
, by
Louis XIV , house = Bourbon , father = Louis XIII , mother = Anne of Austria , birth_date = , birth_place = Château de Saint-Germain-en-Laye, Saint-Germain-en-Laye, France , death_date = , death_place = Palace of Vers ...
of France * 1721 Papal conclave
Fabrizio Paolucci Fabrizio Paolucci (2 April 1651 – 12 June 1726) was an Italian cardinal in the Roman Catholic Church, appointed by Pope Innocent XII. Biography Born at Forlì, he went to Rome at the age of eight, in 1659, to be educated by his grand-uncl ...
, by the Emperor Charles VI; and
Francesco Pignatelli Francesco Pignatelli (6 February 1652 – 15 December 1734) was an Italian cardinal. Biography Born at Senise, in the province of Potenza, he entered the order of Theatines in 1665 (at the age of 13). On 27 September 1684, after being nominated ...
by
Philip V of Spain Philip V ( es, Felipe; 19 December 1683 – 9 July 1746) was King of Spain from 1 November 1700 to 14 January 1724, and again from 6 September 1724 to his death in 1746. His total reign of 45 years is the longest in the history of the Spanish mon ...
* 1721 Papal conclave
Francesco Pignatelli Francesco Pignatelli (6 February 1652 – 15 December 1734) was an Italian cardinal. Biography Born at Senise, in the province of Potenza, he entered the order of Theatines in 1665 (at the age of 13). On 27 September 1684, after being nominated ...
, by the
Philip V of Spain Philip V ( es, Felipe; 19 December 1683 – 9 July 1746) was King of Spain from 1 November 1700 to 14 January 1724, and again from 6 September 1724 to his death in 1746. His total reign of 45 years is the longest in the history of the Spanish mon ...
* 1730 Papal conclave
Giuseppe Renato Imperiali Giuseppe Renato Imperiali (1 May 1651 – 18 February 1737) was an Italian cardinal, and known as an avid bibliophile. Biography He was born in Francavilla Fontana in Apulia, in the Kingdom of Naples, into an aristocratic family which had com ...
, by
Philip V of Spain Philip V ( es, Felipe; 19 December 1683 – 9 July 1746) was King of Spain from 1 November 1700 to 14 January 1724, and again from 6 September 1724 to his death in 1746. His total reign of 45 years is the longest in the history of the Spanish mon ...
* 1758 Papal conclave
Carlo Alberto Guidoboni Cavalchini Carlo Alberto Guidoboni CavalchiniOr Guidobono. (26 July 1683 – 7 March 1774) was an Italian Cardinal. Considered ''papabile'' in the Papal conclave, 1758, he was vetoed by Louis XV of France under the ''jus exclusivae''. A lawyer by education ...
, by
Louis XV of France Louis XV (15 February 1710 – 10 May 1774), known as Louis the Beloved (french: le Bien-Aimé), was King of France from 1 September 1715 until his death in 1774. He succeeded his great-grandfather Louis XIV at the age of five. Until he reached ...
* 1774–75 Papal conclave -
Giovanni Carlo Boschi Giovanni Carlo Boschi (Faenza, 9 April 1715 – 6 September 1788) 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 ...
, by the
Bourbon Bourbon may refer to: Food and drink * Bourbon whiskey, an American whiskey made using a corn-based mash * Bourbon barrel aged beer, a type of beer aged in bourbon barrels * Bourbon biscuit, a chocolate sandwich biscuit * A beer produced by Bras ...
courts *
1823 Papal conclave 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. Pius VII ...
– by
Francis I of Austria Francis II (german: Franz II.; 12 February 1768 – 2 March 1835) was the last Holy Roman Emperor (from 1792 to 1806) and the founder and Emperor of the Austrian Empire, from 1804 to 1835. He assumed the title of Emperor of Austria in response ...
* 1830–31 Papal conclaveGiacomo Giustiniani, by
Ferdinand VII of Spain , house = Bourbon-Anjou , father = Charles IV of Spain , mother = Maria Luisa of Parma , birth_date = 14 October 1784 , birth_place = El Escorial, Spain , death_date = , death_place = Madrid, Spain , burial_plac ...
* 1903 Papal conclave
Mariano Rampolla Mariano Rampolla del Tindaro (17 August 1843 – 16 December 1913) 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. Early li ...
, by
Franz Joseph I Franz Joseph I or Francis Joseph I (german: Franz Joseph Karl, hu, Ferenc József Károly, 18 August 1830 – 21 November 1916) was Emperor of Austria, King of Hungary, and the other states of the Habsburg monarchy from 2 December 1848 until his ...
of
Austria-Hungary Austria-Hungary, often referred to as the Austro-Hungarian Empire,, the Dual Monarchy, or Austria, was a constitutional monarchy and great power in Central Europe between 1867 and 1918. It was formed with the Austro-Hungarian Compromise of ...
At the 1846 Papal conclave, Austrian Chancellor
Klemens von Metternich Klemens Wenzel Nepomuk Lothar, Prince of Metternich-Winneburg zu Beilstein ; german: Klemens Wenzel Nepomuk Lothar Fürst von Metternich-Winneburg zu Beilstein (15 May 1773 – 11 June 1859), known as Klemens von Metternich or Prince Metternic ...
confided Austria's veto of Cardinal Giovanni Maria Mastai-Ferretti to Cardinal
Carlo Gaetano Gaisruck Karl Kajetan von Gaisruck (Italian: Carlo Gaetano (di) Gaisruck) (1769 – 1846) was an Austrian Cardinal and the archbishop of Milan from 1816 to 1846. He also held the title of ''Graf'' or Count. Early life Gaisruck was born on 7 August 1769 ...
,
Archbishop of Milan The Archdiocese of Milan ( it, Arcidiocesi di Milano; la, Archidioecesis Mediolanensis) is a Latin Church ecclesiastical territory or archdiocese of the Catholic Church in Italy which covers the areas of Milan, Monza, Lecco and Varese. It has l ...
, who arrived too late. Mastai-Ferretti would reign as Pius IX for over thirty-one years.


Papal attitude toward the ''jus exclusivae''

The right has never been formally recognized by the papacy, though conclaves have considered it expedient to recognize secular objections to certain ''
papabili ''Papabile'' (, also , ; ; or "able to be pope") is an unofficial Italian term first coined by Vaticanologists and now used internationally in many languages to describe a Catholic man, in practice always a cardinal, who is thought a likel ...
'', 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 Pope Pius IV ( it, Pio IV; 31 March 1499 – 9 December 1565), born Giovanni Angelo Medici, was head of the Catholic Church and ruler of the Papal States from 25 December 1559 to his death in December 1565. Born in Milan, his family considered ...
ordered the cardinals to elect a pope without deference to any secular power. The bull ''
Aeterni Patris Filius ''Aeterni Patris Filius'' (English: ''Son of the Eternal Father''), also called ''Aeterni Patris'', was a bull issued by Pope Gregory XV on 15 November 1621 that regulated papal conclaves. Together with the bull ''Decet Romanum pontificem'' of 1 ...
'' by
Pope Gregory XV Pope Gregory XV ( la, Gregorius XV; it, Gregorio XV; 9 January 15548 July 1623), born Alessandro Ludovisi, was head of the Catholic Church and ruler of the Papal States from 9 February 1621 to his death in July 1623. Biography Early life Al ...
(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 Pope Pius IX ( it, Pio IX, ''Pio Nono''; born Giovanni Maria Mastai Ferretti; 13 May 1792 – 7 February 1878) was head of the Catholic Church from 1846 to 1878, the longest verified papal reign. He was notable for convoking the First Vatican ...
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 Pope Pius X ( it, Pio X; born Giuseppe Melchiorre Sarto; 2 June 1835 – 20 August 1914) was head of the Catholic Church from 4 August 1903 to his death in August 1914. Pius X is known for vigorously opposing modernist interpretations of C ...
. The following year, Pius X forbade the ''jus exclusivae'' in the apostolic constitution ''Commissum Nobis'' of 20 January 1904: 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 France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
had become a republic in 1870. After World War I, the
German Empire The German Empire (),Herbert Tuttle wrote in September 1881 that the term "Reich" does not literally connote an empire as has been commonly assumed by English-speaking people. The term literally denotes an empire – particularly a hereditary ...
and the
Austro-Hungarian Empire Austria-Hungary, often referred to as the Austro-Hungarian Empire,, the Dual Monarchy, or Austria, was a constitutional monarchy and great power in Central Europe between 1867 and 1918. It was formed with the Austro-Hungarian Compromise of ...
were abolished. Spain became a
republic A republic () is a "state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th c ...
and eventually a
constitutional monarchy A constitutional monarchy, parliamentary monarchy, or democratic monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in decision making. Constitutional monarchies dif ...
. During the 1963 conclave, Generalissimo
Francisco Franco Francisco Franco Bahamonde (; 4 December 1892 – 20 November 1975) was a Spanish general who led the Nationalist faction (Spanish Civil War), Nationalist forces in overthrowing the Second Spanish Republic during the Spanish Civil War ...
made an unsuccessful attempt to block the election of Cardinal Giovanni Montini. He sent the
College of Cardinals The College of Cardinals, or more formally the Sacred College of Cardinals, is the body of all cardinals of the Catholic Church. its current membership is , of whom are eligible to vote in a conclave to elect a new pope. Cardinals are appoi ...
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.


See also

*
Papal appointment Papal appointment was a medieval method of selecting a pope. Popes have always been selected by a council of Church fathers, however, Papal selection before 1059 was often characterized by confirmation or nomination by secular European rulers or ...


Notes


References


Sources

*
Catholic Encyclopedia The ''Catholic Encyclopedia: An International Work of Reference on the Constitution, Doctrine, Discipline, and History of the Catholic Church'' (also referred to as the ''Old Catholic Encyclopedia'' and the ''Original Catholic Encyclopedia'') i ...

Right of Exclusion
(article by Johannes Baptist Sägmüller, 1909). * . * Ludwig Wahrmund, ''Das Ausschliessungs-recht (jus exclusivae) der katholischen Staaten Österreich, Frankreich und Spanien bei den Papstwahlen'' (Wien: Holder 1888). * Ludwig Wahrmund, "Beiträge zur Geschichte des Exclusionsrechtes bei den Papstwahlen aus römischen Archiven," ''Sitzungsberichte der Kaiserliche Akademie der Wissenschaften in Wien, philosophisch-historische Klasse'', Band CCXXII, xiii (Wien 1890). * J. B. Sägmüller, ''Die Papstwahlbullen und das staatliche Recht der Exklusive'' (Tuebingen: H. Laupp 1892). * Ludwig Wahrmund, "Die Bulle "Aeterni Patris Filius" und der staatliche Einfluss auf die Papstwahlen," ''Archiv für katholisches Kirchenrecht'' 72 (Mainz 1894) 201-334. * Ludwig Wahrmund, ''Zur Geschiste des exclusionrechtes bei den Papstwahlen im 18 Jahrhundert. Neue Beitrage aus römischen Archiven'' (Mainz 1892). * William J. Hegarty, "The Lay Veto," ''American Catholic Quarterly Review'' 37 (1912), pp. 419–439. * Herbert Plock, ''Das "Jus exclusivae" der Staaten bei der Papstwahl und sein Verbotdurch die päpstliche Bulle "Commissum nobis"'' (Göttingen: Druck von L. Hofer, 1910). * Peter Frei, ''Die Papstwahl des Jahres 1903: unter besonderer Berücksichtigung des österreichisch-ungarischen Vetos'' (Bern and Frankfurt a.M.: Peter Lang, 1977). {{Authority control Veto History of the papacy Election of the Pope Catholic Church legal terminology Latin legal terminology Religion and politics Separation of church and state Right of presentation