In the Roman Church, however, while the active interference of secular princes and nobles, despite the canons of the church, continued to be the rule during the middle ages, to the great harm of religion and dishonor of the See of Peter, to the intrusion even of unworthy occupants who scandalized the faithful, the popes and the clergy wished to have the people present as witnesses of the election, and consenting to it, that in this way there might be a bar to calumny, affecting the validity of it, and an obstacle to the ambition of the surrounding princes. Still, the election proper belonged to the clergy, the people consenting to receive the one so elected. Prior to the pontificate of Nicholas II. the people, so often the willing servants of the German emperors or of their allies, used not unfrequently to impose their will on the clergy, or made Rome the theatre of factional strife. To put a stop to this, Nicholas, having called a council of one hundred and thirteen bishops at Rome, published in it the following decree:
1. “God beholding us, it is first decreed that the election of the Roman Pontiff shall be in the power of the cardinal bishops; so that if any one be enthroned in the apostolic chair without their previous concordant and canonical election, and afterwards with the consent of the successive religious orders, of the clergy, and of the laity, he is to be held as no pope or apostolic man, but as an apostate.”
In the centuries of contention between the lay powers and the ecclesiastical authorities, the discipline
on the subject of election to the higher benefices became more and more strict, till finally the selection has, as a rule, come to be reserved to the Sovereign Pontiff, to whom, even after election by chapter, the confirmation belongs. The Council of Trent has been very explicit on this point. In ch. iv. of sess. xxiii. we read:
“The holy synod, moreover, teaches that, in the ordination of bishops, priests, and of the other grades, the consent, or call, or authority neither of the people nor of any secular power and magistracy is so required that without this it be invalid; nay, it even decrees that those who ascend to the exercise of this ministry, called and placed in position only by the people or lay power and magistracy, and who of their own rashness assume them, are all to be held, not as ministers of the church, but as thieves and robbers who have not come in by the door.”
Can. vii. of this session condemns those who teach otherwise.
We are, therefore, not surprised to find duly promulgated the following document referring to the “Italian society for the reassertion of the rights that belong to Christian people, and especially to Roman citizens,” under whose auspices the movement for election to ecclesiastical benefices by the people has been set on foot. The Sacra Penitentiaria is the tribunal to which cases of conscience are submitted for decision, and its answers are given according to the terms of the petition or case submitted. We give the case as submitted, and the reply:
“Most Eminent and Reverend Sir: Some confessors in the city of Rome humbly submit that, at the present moment, there is in circulation in it a paper containing a printed programme, with accompanying schedules of association, by which the faithful are solicited to join a certain society, established
or to be established to the end that, on the vacancy of the Apostolic See, the Roman people may take part in the election of the Roman Pontiff. The name of the society is: Società Cattolica per la rivendicazione dei diritti spettanti al popolo cristiano ed in ispecie al popolo Romano. Whoever gives his name to this society must expressly declare, as results from the schedules, that he agrees to the doctrines set forth in the programme, and contracts the obligation, before two witnesses, of doing all he can to further the propagation of these doctrines and the increase of the society. Wherefore, the said confessors, that they may properly absolve, when by the grace of God they come to the sacrament of penance, those who have been the promoters of this evil society, or have subscribed their names thereto, and other adherents and aiders of it, send a copy of the programme and schedules to be examined by the Sacred Penitentiary, and ask an answer to the following questions:
“1. Whether each and all, giving their names to this society, or aiding it, or in any way abetting it, or adhering to it, by the very fact incur the penalty of the major excommunication?