CARDINAL
338
CARDINAL
electione, I, 6; Council of Trent, Sess. XXIV, de ref.,
c. 1, and Sess. XXV, de ref., c. 1). Hence the cardi-
nals are obliged to reside at Rome and cannot leave
the Papal States without permission of the pope.
The violation of this law entails grave penalties, even
the loss of the cardinalitial dignity (C. 2, X, de clerico
non residente, III, 4; Leo X, "Supernse", 5 May,
1514, § 28, in " Bullar. Rom.", V, 604 sqq.; Innocent
X. "Cum juxta", 19 Feb., 1646, in "Bullar. Rom.",
XV, 441 sqq.). Similarly, they would lose all the
benefices possessed by them (Council of Trent, Sess.
XXIV, de ref., c. 17). It is otherwise with foreign
bishops created cardinals; they retain their dioceses
and are not obliged to reside at Rome. The " sub-
urbicarian" bishops, however, by ancient custom
reside at Rome. The share of the cardinals in the
government of the Church is exercised partly in the
consistories, partly in the curial offices (Cancellaria,
Dataria, Penitentiaria), in the Roman Congregations,
and in various ecclesiastical commissions.
The Consistory. — A papal consistory is the assem- bly of the cardinals about the pope and recalls the con&istoriwm principis of the Roman Empire (G. Paleotti, "De sacri consistorii consultationibus", Rome, 1592; Sagmiiller, "Die Tatigkeit und Stellung der Kardinale", 46 sqq., 97 sqq.). Consistories are public (publico) or extraordinary, and secret (secreta) or ordinary. Semi-public consistories are a combina- tion of a public and a secret consistory. The public consistories are attended not only by the cardinals, but by the bishops, prelates, princes, and ambassa- dors to the papal court present in Rome. They are called for the purpose of giving the red hat to new cardinals, the solemn conclusion of canonizations, and public audiences to sovereigns and their ambas- sadors. Much more important are the secret con- sistories. As already described, it was in them that during the Middle Ages were heard and decided the numberless lawsuits and judicial matters that came before the Apostolic See. Innocent III was wont to hold such a consistory three times a week ("Gesta Innocentii", c. 41, in Migne, P. L., CCXIV, LXXX; A. Luchaire, "Le tribunal d'Innocent III", in " Seances et travaux de l'Acad. des sciences morales et politiques", 1903, 449 sqq.; M. Spathen, "Giraldus Cambrensis und Thomas von Evesham tiber die von ihnen an der Kurie gefuhrten Prozesse" in "Neues Archiv d. Gesellschaft f. alt. deutsehe Geschichts- kunde", XXXI, 595 sqq.). With the transfer of their judicial attributes to the great curial offices, especially the Rota and the Roman Congregations, consistories became less frequent. Under Innocent XI (d. 1689) they were held once a month (J. H. Bangen, Die romische Kurie, ihre gegenwartige Zusammensetzung und ihr Gesehaftsgang, Miinster, 1854, 75). Secret consistories are now called more rarely, at intervals of several months, and deal with the few subjects or questions actually pending. The following matters are dealt with in them, and call for t he counsel of the cardinals: the creation, i. e. nomina- tion proper, of new cardinals; the publication of names reserved in petto; the giving of the cardinalitial insignia with exception of the red hat; the opening and closing of the mouth; the institution of patri- archs, metropolitans, and bishops, and t lie nomination of such titular bishops as do not belong to the mis- sionary territories; the transfer of bishops; the grant- ing of the pallium to archbishops; thecreation, divis- ion, and union of dioceses; the institution of abbots whose abbeys are in the gift of the Holy See; the nomi- nation ol i 1 1" i an ii 'rlengo and the vice-chancellor of the Roman Church; the choice and mission of cardinals as legati a latere; the conclusion of concordats, con- ultation on differences and conflicts between Church and state Generally, however, the consistory is called only to inform the cardinals by a so-called allocution of the status of important ecclesiastico-
political matters, or to make known the opinion of
the pope. These allocutions are meant for the entire
Church, and are therefore published in ecclesiastical
organs.
After the death of the pope (sede vacante) the duties of the College of Cardinals differ from those exercised by them during his lifetime (sede plend). In the earliest times the government of the Roman Church was taken over by the presbyterium or presbyteral clergy, as we know from a letter of that body ad- dressed to St. Cyprian of Carthage after the death of Pope Fabian in 250 (Cypriani, Opp. omnia, ed. G. Hartel, Vienna, 1868, 486; A. Harnack, "Die Briefe des romischen Klerus aus der Zeit der Sedisvacanz im Jahr 250" in "Theolog. Abhandlungen Karl von Weizsacker gewidmet", Tubingen, 1892, 1 sqq.). From the sixth century on it was the archipresbyter (archpriest), the archidiaeonus (archdeacon), and the primicerius notariorum (chief notary) who repre- sented the Apostolic See, locum servantes Apostoliccc Sedis (Liber Diurnus, ed. Th. Sickel, Vienna, 1S89, Formula LIX). After the full development of the authority of the College of Cardinals, as above de- scribed, the latter took charge and exercised its power in very many ways; some canonists went so far as to maintain that during the vacancy of the Apostolic See the College of Cardinals possessed the fullness of the papal prerogative. Their authority was exer- cised chiefly in two ways, in the administration of the States of the Church and in the election of the new pope. (It is to be noted that Art. 6 if the Italian Law of Guarantees, 13 May, 1871, provides for complete liberty of the cardinals in papal elections.) The Bull "Ubi Periculum" of Gregory X, concerning papal elections, issued at the Council of Lyons (1274), confined the cardinals to the exercise of the above- mentioned power. Among other things it says: "Iidem quoque cardinales accelerandae provisioni sic vacent attentius, quod se nequaquam de alio negotio intromittant, nisi forsan necessitas adeo urgens inci- deret, quod eos oporteret de terra ipsius ecclesia? defendenda vel eius parte aliqua providere, vel nisi aliquod tam grande et tarn evidens periculum immi- neret quod omnibus et singulis cardinalibus pnesenti- bus videretur illi celeriter oecurrendum" (C. 3, § 1, in VI to de electione, I, 6). In other words, the pope commands the cardinals to make all due haste with the election and to concern themselves with nothing else, except in case of necessity, e. g. the defence of the States of the Church or any part of them, or some danger so great and evident t fiat each and every one of the cardinals present thinks it necessary to deal with it immediately.
The law prevailing at present is based on the Constitution "In eligendis" of Pius IV (9 October, 1562) §§ 6-8 (Bullarium Rom., VII, 233 sqq.). This constitution provides that according to ancient custom (evidently closely related to the above- described interimistic administration by the arch- priest, the archdeacon, and the chief of the notaries) the administration of the States of the Church shall be confided to the College of Cardinals after the following manner: the cardinal camer- lengo (della Santo Romana Chiesa) and three other cardinals (a cardinal-bishop, cardinal-priest, and cardinal-deacon, the so-called capita ordinum) shall manage all current business. Every three days, however, during the conclave, the capita ordinum are renewed according to .seniority. These cardinals do not possess papal jurisdiction: they cannot therefore make laws, nor modify the system of papal elections, create cardinals or bishops, nor issue commissions t<> cardinal legates. They could, however, in case oi a.
grave danger menacing the Church, provide by an absolute majority anil secret vote for the necessary ways ami means to meet the situation, issue urgent temporary ordinances for particular dioceses, and
