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 CARDINAL

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CARDINAL

ciliatory and might be classed as "parliamentary popes", e. g. Clement IV; others, like Boniface VIII, resisted, and rightly, with great earnestness. [Cf. Sagmiiller, "Zur Gesehichte des Kardinalats. Ein Traktat des Bischofs von Feltre und Treviso, Teodoro de'Lelli, uber das Verhaltniss von Primat und Kardi- nalat" (Rome, 1893); Idem, "Die Tatigkeit und Stellung der Kardinale", 215 sqq.; M. Souchon. "Die Papstwahlen von Bonifaz VIII bis Urban VI, und die Entstehung des Schismas 1378" (Brunswick, 1888); Idem, "Die Papstwahlen in der Zeit des grossen Schismas" (ibid., 1S9S); ^'cnck, " Gottingische gelehrte Anzeigen (1900). 139 sqq.; Sagmiiller, "Zur Tatigkeit und Stellung der Kardinale bis Bonifaz VIII", "Die oligarchischen Tendenzen des Kardinal- kollegs bis Bonifaz VIII", " Zur Tatigkeit und Stel- lung der Kardinale bis Papst Bonifaz VIII" in "Tu- bingen theolog. Quartalschrift", LXXX (189S), 596 sqq.,LXXXIII (1901), 4.5 sqq., LXXXVIII (1906), 595 sqq.; also X. Valois, "La France et le grand schisme d'Occident " (Paris. 1902), and J. Haller, "Papst turn und Kirchenreform " (Berlin, 1903 sqq.).] VII. Nomination of Cardinals. — In the nomi- nation of cardinals the pope has always been, and is still, free. In the medieval period, according to the detailed account given by Cardinal Giacomo Gaetani Stefaneschi in his "Ordo Romanus XIV" (c. cxvi. sq.), a work of the early' part of the fourteenth cen- tury, the pope was wont to ask the cardinals for their opinions as to the new members of the college, but afterwards decided quite freely (Mabillon, "Museum Italicum", II, 424 sqq.; J. Kosters, "Studien zu Mabillon's rdmischen Orain.es", Minister, 1905, 65 sqq.). The above-mentioned "election-capitula- tions" and the Council of Basle demanded that the nomination of cardinals should be made dependent on the consent of the college (Hardouin, Acta Cone, VIII. 1207). According to the demand of the re- form-councils (Constance. Basle) and the decrees of the Council of Trent (Sess. XXIV. De ref., c. i), there should be in the college representatives of all Chris- tian nations. Sixtus V decreed, in keeping with the wishes of the reform-councils, that, above all. it should contain doctors of theology (magistri theo- logies), and that there should be in the college at least four theologians from the mendicant orders. According to an ancient concession the wishes of Austria, Spain, and Portugal are as far as possible respected, when there is question of raising to the cardinalate a bishop of one of these nations, known thenceforth as a crown-cardinal. It is customary for the governments of the same nations to contribute at the crral ion of such a cardinal the incident " taxes" or expenses (2832 scudi, or about $3000). Similarly they are wont to provide for the support of their respective national cardinal protectors. At the Vatican Council the demand was made that in the Sacred College and the Roman Congregations there should be from every nation not only scholarly, but also wise and experienced, men ("Coll. Lacensis ". Frei- burg, 1890— VIII. 838; Granderath-Kirsch, "Gesch. des vatik. Konzils", ibid., 1903—1, 440; [I. 167). The person nominated must possess the qualifica- tions of a bishop (Council of Trent. Sess. XXIV, De ref., c. i). He must, therefore, be at least thirty years of age. However, for the cardinal-deacons it suffices to have entered on the twenty-second year, but the new cardinal-deacon must receive deacon's orders within a year, otherwise he loses both passive and active vote (Postquam verus, § 6). In keeping with the provisions for promotion to nobility, illegiti- mates, even when legitimated by later marriagi are ineligible (ibid., $,12), also (ibid.'. 516) the fathers of (living) legitimate children, nephews of cardinals, and (ibid., § § 17. IS) those who are related to a car- dinal in the first or second degree of consanguinity. Of course, the pope can occasionally dispense from III.— 22

these disqualifying conditions (Archiv fur kath. Kir- chenrecht, LXIX, 168).

The creation of cardinals takes place in secret con- sistory, during which those actually resident in Rome are informed of their nomination. In the afternoon of the same day the newly-created cardinals meet in the pope's apartments, in the antechamber of which the scarlet zucchetta, or skull-cap. is handed to them; thereafter the scarlet biretta is placed by the pope on the head of each. The "red hat" is given in the next public consistory after they have taken the customary oath. At the beginning of the next secret consistory takes place the ceremony known as the "opening of the mouth" (apcritin oris), and at the close of the same consistory the "closing of the mouth" (damura oris), symbolizing their duties to keep the secrets of their office and to give wise counsel to the pope. The ring is then given to each, and at the same time the "title" or church by which the new cardinal shall henceforth be known. If the creation of a cardinal takes place outside of Italy, the scarlet zucchetta is sent him by one of the pope's Guardie Nobili (Noble Guards), and the scarlet biretta by a special ablegate. In Austria, Spain, and Portugal the biretta is usually imposed by the sovereign or civil ruler. Occasionally it is conferred by some distinguished prelate especially delegated by the pope. In all such cases the recipient must promise under oath, and under pain of nullity of his nomination, that wit hin a year lie will go personally to Koine for the further ceremonies above described, and to receive his "title" (Postquam verus, § 19). Formerly the dignity of cardinal was acquired only after public proclamation and reception of the hat and ring. At present any form of publication suf- fices (Pius V, 29 Jan., 1571; Greg. XV, "Decet", 12 March, 1621, in " Bullarium Romanum", XII, 663 sq.). Creation of cardinals in petto is therefore with- out effect, unless there follows publication of the names. A testamentary publication does not Buffice. Pius IX announced (15 March. Is75> a creation of cardinals in petto with publication of their names in his testament, but this creation never went into effect. From the reign of Martin V. i. e. from the end of the Western Schism, during which there were many cardinals created by the contending popes, it became customary for the pope to create cardinals without declaring their names (creati ft reservati in pectore), the Italian equivalent for which is in petto. The publication of the names may, in given circum- stances, be made at a much later date. Only, at whatever time such publication takes place, the car- dinals so created rank in seniority according to the date of their original announcement as reserved in pith*, and precede all those created alter that time 1 1'. A. Kirsch, "Die Reservatio in petto bei der Kar- dinalscreation ", in "Archiv I. Kath. Kirehenrecht", LXXXI, 421 sqq.; K. Eubel, "Zur Kardinalsernen- nung des Dominicus Capranica" in "R6m. Quartal schrift ", XVII. 273 sqq.). By virtue of canonical obedience the pope could compel an unwilling pen on to accept the cardinalitial dignity. (Cf. L. W'ahr- mund. " (Jeberdie kirchliche Zulassigkeit der Kekusa- tion der ubertragenen Kardinal-« trde", in "Archiv f. kath, Kirehenrecht", LXVII, 3 sqq.) The oath taken by the cardinals is unite similar to that taken by bishops. But the cardinal iiiu.-t swear that lie

will defend conscientiously t in papal Hulls concern- ing non-alienation of the po cssions ..I the Roman Church, nepotism, and pupal elections, likewise his own cardinalitial dignity.

VIII. Duties of Cardinals. It is the duty of the cardinals to assist the pope at the chiel liturgical sendees known as capellir papalrs, to distinguish them from the eapellw cardinalicice, at which the pope is not present; also to counsel him and aid in the government of the Church (c. 17 in VI*° de