Universi Dominici Gregis John Paul II
Universi Dominici Gregis
of the Supreme Pontiff
John Paul II
on the Vacancy of the Apostolic See and the Election of the Roman Pontiff
February 22, 1996
Chapter I:The Powers of the College of CardinalsDuring the Vacancy of the Apostolic See
Chapter II:The Congregations of the Cardinalsin Preparation for the Electionof the Supreme Pontiff
Chapter III:Concerning Certain Offices Duringthe Vacancy of the Apostolic See
Chapter IV:Faculties of the Dicasteries of theRoman Curia During the Vacancyof the Apostolic See
Chapter V:The Funeral Rites of the Roman Pontiff
Chapter I:The Electors of the Roman Pontiff
Chapter II:The Place of the Election andThose Admitted to Itby Reason of Their Office
Chapter III:The Beginning of the Election
Chapter IV:Observance of Secrecy on all MattersConcerning the Election
Chapter V:The Election Procedure
Chapter VI:Matters to be Observed or Avoidedin the Election of the Roman Pontiff
Chapter VII:The Acceptance and Proclamationof the New Popeand the Beginning of His Ministry
John Paul, Bishop Servant of the Servants of God for Perpetual Remembrance
The Shepherd of the Lord's whole flock is the Bishop of the Church of Rome, where the Blessed Apostle Peter, by sovereign disposition of divine Providence, offered to Christ the supreme witness of martyrdom by the shedding of his blood. It is therefore understandable that the lawful apostolic succession in this See, with which because of its great pre-eminence every Church must agree, (1) has always been the object of particular attention.
Precisely for this reason, down the centuries the Supreme Pontiffs have deemed it their special duty, as well as their specific right, to establish fitting norms to regulate the orderly election of their Successor. Thus, also in more recent times, my Predecessors Saint Pius X, (2) Pius XI, (3) Pius XII, (4) John XXIII (5) and lastly Paul VI, (6) each with the intention of responding to the needs of the particular historical moment, issued wise and appropriate regulations in order to ensure the suitable preparation and orderly gathering of the electors charged, at the vacancy of the Apostolic See, with the important and weighty duty of electing the Roman Pontiff.
If I too now turn to this matter, it is certainly not because of any lack of esteem for those norms, for which I have great respect and which I intend for the most part to confirm, at least with regard to their substance and the basic principles which inspired them. What leads me to take this step is awareness of the Church's changed situation today and the need to take into consideration the general revision of Canon Law which took place, to the satisfaction of the whole Episcopate, with the publication and promulgation first of the Code of Canon Law and subsequently of the Code of Canons of the Eastern Churches. In conformity with this revision, itself inspired by the Second Vatican Ecumenical Council, I then took up the reform of the Roman Curia in the Apostolic Constitution Pastor Bonus.(7) Furthermore, Canon 335 of the Code of Canon Law, restated in Canon 47 of the Code of Canons of the Eastern Churches, makes clear the need to issue and constantly update the specific laws regulating the canonical provision for the Roman See, when for any reason it becomes vacant.
While keeping in mind present-day requirements, I have been careful, in formulating the new discipline, not to depart in substance from the wise and venerable tradition already established.
It is in fact an indisputable principle that the Roman Pontiff has the right to define and adapt to changing times the manner of designating the person called to assume the Petrine succession in the Roman See. This regards, first of all, the body entrusted with providing for the election of the Roman Pontiff: based on a millennial practice sanctioned by specific canonical norms and confirmed by an explicit provision of the current Code of Canon Law (Canon 349), this body is made up of the College of Cardinals of Holy Roman Church. While it is indeed a doctrine of faith that the power of the Supreme Pontiff derives directly from Christ, whose earthly Vicar he is, (8) it is also certain that this supreme power in the Church is granted to him by means of lawful election accepted by him, together with episcopal consecration.(9) A most serious duty is thus incumbent upon the body responsible for this election. Consequently the norms which regulate its activity need to be very precise and clear, so that the election itself will take place in a most worthy manner, as befits the office of utmost responsibility which the person elected will have to assume, by divine mandate, at the moment of his assent.
Confirming therefore the norm of the current Code of Canon Law (cf. Canon 349), which reflects the millennial practice of the Church, I once more affirm that the College of electors of the Supreme Pontiff is composed solely of the Cardinals of Holy Roman Church. In them one finds expressed in a remarkable synthesis the two aspects which characterize the figure and office of the Roman Pontiff: Roman, because identified with the Bishop of the Church in Rome and thus closely linked to the clergy of this City, represented by the Cardinals of the presbyteral and diaconal titles of Rome, and to the Cardinal Bishops of the suburbicarian Sees; Pontiff of the universal Church, because called to represent visibly the unseen Pastor who leads his whole flock to the pastures of eternal life. The universality of the Church is clearly expressed in the very composition of the College of Cardinals, whose members come from every continent.
In the present historical circumstances, the universality of the Church is sufficiently expressed by the College of one hundred and twenty electors, made up of Cardinals coming from all parts of the world and from very different cultures. I therefore confirm that this is to be the maximum number of Cardinal electors, while at the same time indicating that it is in no way meant as a sign of less respect that the provision laid down by my predecessor Pope Paul VI has been retained, namely, that those Cardinals who celebrate their eightieth birthday before the day when the Apostolic See becomes vacant do not take part in the election.(10) The reason for this provision is the desire not to add to the weight of such venerable age the further burden of responsibility for choosing the one who will have to lead Christ's flock in ways adapted to the needs of the times. This does not however mean that the Cardinals over eighty years of age cannot take part in the preparatory meetings of the Conclave, in conformity with the norms set forth below. During the vacancy of the Apostolic See, and especially during the election of the Supreme Pontiff, they in particular should lead the People of God assembled in the Patriarchal Basilicas of Rome and in other churches in the Dioceses throughout the world, supporting the work of the electors with fervent prayers and supplications to the Holy Spirit and imploring for them the light needed to make their choice before God alone and with concern only for the salvation of souls, which in the Church must always be the supreme law.(11)
It has been my wish to give particular attention to the age-old institution of the Conclave, the rules and procedures of which have been established and defined by the solemn ordinances of a number of my Predecessors. A careful historical examination confirms both the appropriateness of this institution, given the circumstances in which it originated and gradually took definitive shape, and its continued usefulness for the orderly, expeditious and proper functioning of the election itself, especially in times of tension and upheaval.
Precisely for this reason, while recognizing that theologians and canonists of all times agree that this institution is not of its nature necessary for the valid election of the Roman Pontiff, I confirm by this Constitution that the Conclave is to continue in its essential structure; at the same time, I have made some modifications in order to adapt its procedures to present-day circumstances. Specifically, I have considered it appropriate to decree that for the whole duration of the election the living-quarters of the Cardinal electors and of those called to assist in the orderly process of the election itself are to be located in suitable places within Vatican City State. Although small, the State is large enough to ensure within its walls, with the help of the appropriate measures indicated below, the seclusion and resulting concentration which an act so vital to the whole Church requires of the electors.
At the same time, in view of the sacredness of the act of election and thus the need for it to be carried out in an appropriate setting where, on the one hand, liturgical actions can be readily combined with juridical formalities, and where, on the other, the electors can more easily dispose themselves to accept the interior movements of the Holy Spirit, I decree that the election will continue to take place in the Sistine Chapel, where everything is conducive to an awareness of the presence of God, in whose sight each person will one day be judged.
I further confirm, by my apostolic authority, the duty of maintaining the strictest secrecy with regard to everything that directly or indirectly concerns the election process itself. Here too, though, I have wished to simplify the relative norms, reducing them to their essentials, in order to avoid confusion, doubts and even eventual problems of conscience on the part of those who have taken part in the election.
Finally, I have deemed it necessary to revise the form of the election itself in the light of the present-day needs of the Church and the usages of modern society. I have thus considered it fitting not to retain election by acclamation quasi ex inspiratione, judging that it is no longer an apt means of interpreting the thought of an electoral college so great in number and so diverse in origin. It also appeared necessary to eliminate election per compromissum, not only because of the difficulty of the procedure, evident from the unwieldy accumulation of rules issued in the past, but also because by its very nature it tends to lessen the responsibility of the individual electors who, in this case, would not be required to express their choice personally.
After careful reflection I have therefore decided that the only form by which the electors can manifest their vote in the election of the Roman Pontiff is by secret ballot, in accordance with the rules set forth below. This form offers the greatest guarantee of clarity, straightforwardness, simplicity, openness and, above all, an effective and fruitful participation on the part of the Cardinals who, individually and as a group, are called to make up the assembly which elects the Successor of Peter.
With these intentions, I promulgate the present Apostolic Constitution containing the norms which, when the Roman See becomes vacant, are to be strictly followed by the Cardinals whose right and duty it is to elect the Successor of Peter, the visible Head of the whole Church and the Servant of the servants of God.
Part One–The Vacancy of the Apostolic See
Chapter 1: The Powers of the College of Cardinals During the Vacancy of the Apostolic See
1. During the vacancy of the Apostolic See, the College of Cardinals has no power or jurisdiction in matters which pertain to the Supreme Pontiff during his lifetime or in the exercise of his office; such matters are to be reserved completely and exclusively to the future Pope. I therefore declare null and void any act of power or jurisdiction pertaining to the Roman Pontiff during his lifetime or in the exercise of his office which the College of Cardinals might see fit to exercise, beyond the limits expressly permitted in this Constitution.
2. During the vacancy of the Apostolic See, the government of the Church is entrusted to the College of Cardinals solely for the dispatch of ordinary business and of matters which cannot be postponed (cf. No. 6), and for the preparation of everything necessary for the election of the new Pope. This task must be carried out in the ways and within the limits set down by this Constitution: consequently, those matters are to be absolutely excluded which, whether by law or by practice, come under the power of the Roman Pontiff alone or concern the norms for the election of the new Pope laid down in the present Constitution.
3. I further establish that the College of Cardinals may make no dispositions whatsoever concerning the rights of the Apostolic See and of the Roman Church, much less allow any of these rights to lapse, either directly or indirectly, even though it be to resolve disputes or to prosecute actions perpetrated against these same rights after the death or valid resignation of the Pope.(12) All the Cardinals are obliged to defend these rights.
4. During the vacancy of the Apostolic See, laws issued by the Roman Pontiffs can in no way be corrected or modified, nor can anything be added or subtracted, nor a dispensation be given even from a part of them, especially with regard to the procedures governing the election of the Supreme Pontiff. Indeed, should anything be done or even attempted against this prescription, by my supreme authority I declare it null and void.
5. Should doubts arise concerning the prescriptions contained in this Constitution, or concerning the manner of putting them into effect, I decree that all power of issuing a judgment in this regard belongs to the College of Cardinals, to which I grant the faculty of interpreting doubtful or controverted points. I also establish that should it be necessary to discuss these or other similar questions, except the act of election, it suffices that the majority of the Cardinals present should concur in the same opinion.
6. In the same way, should there be a problem which, in the view of the majority of the assembled Cardinals, cannot be postponed until another time, the College of Cardinals may act according to the majority opinion.
Chapter II: The Congregations of the Cardinals in Preparation for the Election of the Supreme Pontiff
7. While the See is vacant, there are two kinds of Congregations of the Cardinals: General Congregations, which include the whole College and are held before the beginning of the election, and Particular Congregations. All the Cardinals who are not legitimately impeded must attend the General Congregations, once they have been informed of the vacancy of the Apostolic See. Cardinals who, by virtue of No. 33 of this Constitution, do not enjoy the right of electing the Pope are granted the faculty of not attending these General Congregations, should they prefer.
The Particular Congregation is made up of the Cardinal Camerlengo of Holy Roman Church and three Cardinals, one from each Order, chosen by lot from among the Cardinal electors already present in Rome. The office of these Cardinals, called Assistants, ceases at the conclusion of the third full day, and their place is taken by others, also chosen by lot and having the same term of office, also after the election has begun.
During the time of the election, more important matters are, if necessary, dealt with by the assembly of the Cardinal electors, while ordinary affairs continue to be dealt with by the Particular Congregation of Cardinals. In the General and Particular Congregations, during the vacancy of the Apostolic See, the Cardinals are to wear the usual black cassock with piping and the red sash, with skull-cap, pectoral cross and ring.
8. The Particular Congregations are to deal only with questions of lesser importance which arise on a daily basis or from time to time. But should there arise more serious questions deserving fuller examination, these must be submitted to the General Congregation. Moreover, anything decided, resolved or refused in one Particular Congregation cannot be revoked, altered or granted in another; the right to do this belongs solely to the General Congregation, and by a majority vote.
9. The General Congregations of Cardinals are to be held in the Apostolic Palace in the Vatican or, if circumstances demand it, in another place judged more suitable by the Cardinals. At these Congregations the Dean of the College presides or, should he be absent or lawfully impeded, the Subdean. If one or both of these, in accordance with No. 33 of this Constitution, no longer enjoy the right of electing the Pope, the assembly of the Cardinal electors will be presided over by the senior Cardinal elector, according to the customary order of precedence.
10. Votes in the Congregations of Cardinals, when more important matters are concerned, are not to be expressed by word of mouth but in a way which ensures secrecy.
11. The General Congregations preceding the beginning of the election, which are therefore called preparatory, are to be held daily, beginning on the day which shall be fixed by the Camerlengo of Holy Roman Church and the senior Cardinal of each of the three Orders among the electors, and including the days on which the funeral rites for the deceased Pope are celebrated. In this way the Cardinal Camerlengo can hear the opinion of the College and communicate whatever is considered necessary or appropriate, while the individual Cardinals can express their views on possible problems, ask for explanations in case of doubt and make suggestions.
12. In the first General Congregations provision is to be made for each Cardinal to have available a copy of this Constitution and at the same time to have an opportunity to raise questions about the meaning and the implementation of its norms. The part of the present Constitution regarding the vacancy of the Apostolic See should also be read aloud. At the same time the Cardinals present are to swear an oath to observe the prescriptions contained herein and to maintain secrecy. This oath, which shall also be taken by Cardinals who arrive late and subsequently take part in these Congregations, is to be read aloud by the Cardinal Dean or by whoever else presides over the College by virtue of No. 9 of this Constitution, in the presence of the other Cardinals and according to the following formula:
We, the Cardinals of Holy Roman Church, of the Order of Bishops, of Priests and of Deacons, promise, pledge and swear, as a body and individually, to observe exactly and faithfully all the norms contained in the Apostolic Constitution Universi Dominici Gregis of the Supreme Pontiff John Paul II, and to maintain rigorous secrecy with regard to all matters in any way related to the election of the Roman Pontiff or those which, by their very nature, during the vacancy of the Apostolic See, call for the same secrecy.
Next, each Cardinal shall add: And I, N. Cardinal N., so promise, pledge and swear. And, placing his hand on the Gospels, he will add: So help me God and these Holy Gospels which I now touch with my hand.
13. In one of the Congregations immediately following, the Cardinals, on the basis of a prearranged agenda, shall take the more urgent decisions regarding the beginning of the election. In other words:
they shall fix the day, hour and manner in which the body of the deceased Pope shall be brought to the Vatican Basilica in order to be exposed for the homage of the faithful;
they shall make all necessary arrangements for the funeral rites of the deceased Pope, to be celebrated for nine consecutive days, determining when they are to begin, in such a way that burial will take place, except for special reasons, between the fourth and sixth day after death;
they shall see to it that the Commission, made up of the Cardinal Camerlengo and the Cardinals who had formerly held the offices of Secretary of State and President of the Pontifical Commission for Vatican City State, ensures that the rooms of the Domus Sanctae Marthae are made ready for the suitable lodging of the Cardinal electors, that rooms suitable for those persons mentioned in No. 46 of the present Constitution are also made ready, and that all necessary arrangements are made to prepare the Sistine Chapel so that the election process can be carried out in a smooth and orderly manner and with maximum discretion, according to the provisions laid down in this Constitution;
they shall entrust to two ecclesiastics known for their sound doctrine, wisdom and moral authority the task of presenting to the Cardinals two well-prepared meditations on the problems facing the Church at the time and on the need for careful discernment in choosing the new Pope; at the same time, without prejudice to the provisions of No. 52 of this Constitution, they shall fix the day and the time when the first of these meditations is to be given;
they shall approve–at the proposal of the Administration of the Apostolic See or, within its competence, of the Governatorato of Vatican City State–expenses incurred from the death of the Pope until the election of his successor;
they shall read any documents left by the deceased Pope for the College of Cardinals;
they shall arrange for the destruction of the Fisherman's Ring and of the lead seal with which Apostolic Letters are despatched;
they shall make provision for the assignment of rooms by lot to the Cardinal electors;
they shall set the day and hour of the beginning of the voting process.
Chapter III: Concerning Certain Offices During the Vacancy of the Apostolic See
14. According to the provisions of Article 6 of the Apostolic Constitution Pastor Bonus, (13) at the death of the Pope all the heads of the Dicasteries of the Roman Curia– the Cardinal Secretary of State and the Cardinal Prefects, the Archbishop Presidents, together with the members of those Dicasteries–cease to exercise their office. An exception is made for the Camerlengo of Holy Roman Church and the Major Penitentiary, who continue to exercise their ordinary functions, submitting to the College of Cardinals matters that would have had to be referred to the Supreme Pontiff.
Likewise, in conformity with the Apostolic Constitution Vicariae Potestatis (No. 2 § 1),14 the Cardinal Vicar General for the Diocese of Rome continues in office during the vacancy of the Apostolic See, as does the Cardinal Archpriest of the Vatican Basilica and Vicar General for Vatican City for his jurisdiction.
15. Should the offices of Camerlengo of Holy Roman Church or of Major Penitentiary be vacant at the time of the Pope's death, or should they become vacant before the election of his successor, the College of Cardinals shall as soon as possible elect the Cardinal, or Cardinals as the case may be, who shall hold these offices until the election of the new Pope. In each of the two cases mentioned, election takes place by a secret vote of all the Cardinal electors present, with the use of ballots distributed and collected by the Masters of Ceremonies. The ballots are then opened in the presence of the Camerlengo and of the three Cardinal Assistants, if it is a matter of electing the Major Penitentiary; if it is a matter of electing the Camerlengo, they are opened in the presence of the said three Cardinals and of the Secretary of the College of Cardinals. Whoever receives the greatest number of votes shall be elected and shall ipso facto enjoy all the relevant faculties. In the case of an equal number of votes, the Cardinal belonging to the higher Order or, if both are in the same Order, the one first created a Cardinal, shall be appointed. Until the Camerlengo is elected, his functions are carried out by the Dean of the College or, if he is absent or lawfully impeded, by the Subdean or by the senior Cardinal according to the usual order of precedence, in conformity with No. 9 of this Constitution, who can without delay take the decisions that circumstances dictate.
16. If during the vacancy of the Apostolic See the Vicar General for the Diocese of Rome should die, the Vicegerent in office at the time shall also exercise the office proper to the Cardinal Vicar in addition to the ordinary vicarious jurisdiction which he already holds.(15) Should there not be a Vicegerent, the Auxiliary Bishop who is senior by appointment will carry out his functions.
17. As soon as he is informed of the death of the Supreme Pontiff, the Camerlengo of Holy Roman Church must officially ascertain the Pope's death, in the presence of the Master of Papal Liturgical Celebrations, of the Cleric Prelates of the Apostolic Camera and of the Secretary and Chancellor of the same; the latter shall draw up the official death certificate. The Camerlengo must also place seals on the Pope's study and bedroom, making provision that the personnel who ordinarily reside in the private apartment can remain there until after the burial of the Pope, at which time the entire papal apartment will be sealed; he must notify the Cardinal Vicar for Rome of the Pope's death, whereupon the latter shall inform the People of Rome by a special announcement; he shall notify the Cardinal Archpriest of the Vatican Basilica; he shall take possession of the Apostolic Palace in the Vatican and, either in person or through a delegate, of the Palaces of the Lateran and of Castel Gandolfo, and exercise custody and administration of the same; he shall determine, after consulting the heads of the three Orders of Cardinals, all matters concerning the Pope's burial, unless during his lifetime the latter had made known his wishes in this regard; and he shall deal, in the name of and with the consent