Tag Archives: Cardinal Bishop

Portuguese Cardinal Bishop José Saraiva Martins, C.M.F. Turns 80; College Continues At 192, Electors Down To 108

Anura Guruge, laughing, picture November 16, 2011.

Cardinal Bishop Jose Saraiva Martins ceases to be an elector

by Anura Guruge

On Friday, January 6, 2012, Portuguese Cardinal Bishop José Saraiva Martins, C.M.F., turned 80 and thus ceased to be a cardinal elector.

He was the Prefect of the Congregation for the Causes of the Saints from May 1998 until July 2008, when, at 76, he retired per the nominal ’75-year’ retirement requirement in Canon 354 of the 1983 Code. He was created a cardinal deacon in February 2001. In February 2009 he was promoted to a cardinal bishop.

He becomes the first cardinal to age out in 2012.

The College continues 192, but the electors are now down to 108.

The Next Pope 2011 book by Anura Guruge


As of January 6, 2012, there are 108 cardinal electors with 84 no longer able to participate in a conclave.
[The electors represent 56% of cardinals.]

**********
The College as of January 6, 2012 is at 192.


Please CLICK on image to ENLARGE.

Summary of Major Changes in the Last 12 Months

January 6, 2012: 80-Year old Portuguese Cardinal Bishop José Saraiva Martins, C.M.F. ceased to be a cardinal elector.
** College continues at 192, electors down to 108 **

January 5, 2012: 76-Year old Italian Cardinal Deacon Fortunato Baldelli retires as Major Penitentiary.
** College continues at 192, electors continue at 109 **

◊◊◊◊◊◊◊◊◊ 2012 ◊◊◊◊◊◊◊◊◊

Changes to the College in 2011. Click image for post.

◊◊◊◊◊◊◊◊◊ 2011 ◊◊◊◊◊◊◊◊◊

Refer to this post for changes in 2010 and 2009.

Rome, YOU Have A Problem Re. Cardinal Bishop Precedence

Please read the linked post. Anura Guruge

Clause #90 of John Paul II’s (#265) 1996 Universi Dominici Gregis (in the English translation provided by the Vatican), THE current Apostolic Constitution that governs sede vacantes, conclaves and papal elections is at odds with the 1983 Code of Canon Law Canon 355 § 1 (per the English translation provided by the Vatican).

Moreover, Clause #90 of Universi Dominici Gregis is at odds with its own Clause #9! Clause #9, correctly, tries to anticipate the POSSIBILITY that you could have a conclave with no Cardinal Bishops in attendance. Yes, it can happen, in theory. At any one time we only have about 9 Cardinal Bishops, some of them Eastern Rites Patriarchs. Because of the 80 year age limit, vacancies, illness and in the case of the Patriarchs possible travel restrictions could result in a conclave with no Cardinal Bishops. This is NOT a problem. Clause #9 caters for this. Clause #90 does not. But, it appears that in Latin, Clause #9 is rather mangled! It is said to talk about the oldest by birth of the cardinal electors. Suffice to say … there is now confusion and growing agreement that there is indeed some inconsistencies in Universi Dominici Gregis. Please read << this >>.

The 1983 Code was formulated under the auspices of John Paul II, and Universi Dominici Gregis is meant to complement it, not to contradict it (especially with no mention, at all, that it is changing a Canon Law).

The Constitution repeatedly cites various Canons from the 1983 Code, with paragraph three of the Preamble even confirming that that Constitution is to provide for the ‘Special Laws’ cited in Canon 335.


Yes, this is ALL to do with my one man QUEST to find whether the 1731 Clement XII (#247) ruling as to the precedence among Cardinal Bishops, after that of Dean and Sub-Dean, have changed post-1913.

Please refer to these three recent posts and all the links to prior posts contained within them:

1/ Does Italian Cardinal Re Really Have Precedence Over Nigerian Cardinal Arinze? << click here >>

2/ College of Cardinals, The Jus Optionis Preferment Rules << click here >>

3/ Precedence Among Cardinal Bishops — Rationalization << click here >>


I AM CONTENDING THAT THE CURIA HAS GOT IT WRONG

I have done everything in my power to get the Vatican to tell me WHEN the rules were changed … such that Cardinal Re now has precedence over Cardinal Arinze (not counting the Dean and Sub-Dean who are both over 80).

Given their stonewalling, I, per my right, am contending that they got it wrong and are loathe to admit it.

Prove me wrong, PLEASE.

That is all I ask.

Just give me the facts, and tell me I was wrong. I will be delighted. All I seek are the facts.

That expression about a British Bull Dog not letting go off a bone in its mouth is really not adequate to describe my tenacity when I am seeking a FACT.

So I continue to gnaw and today my goal was to show that the CURIA is far from infallible.

I already had a list … off the top of my head … but I just wanted to check this one thing … because … I kind of know where to look.

BINGO.

So I can NOW PROVE that the curia has screwed up at least ONCE when it comes to the VERY issue of Cardinal Bishop precedence.

So, I ask again. Prove me wrong.


SO, THE ONE ‘CLAUSE’ THAT PERTAINS TO THIS POINT IS NOT CONSISTENT

1983 Code of Canon Law, Canon 355 § 1 says:

The cardinal dean is competent to ordain as a bishop the one elected as Roman Pontiff if he needs to be ordained; if the dean is impeded, the assistant dean has the same right, and if he is impeded, the oldest cardinal from the episcopal order.

Canon 355 from http://www.vatican.va on June 11, 2010

Clause #90, paragraph 2 of John Paul II’s 1996 Universi Dominici Gregis (Vatican’s English translation) talking about the very same situation says:
If the newly-elected Supreme Pontiff is not already a Bishop, his episcopal ordination, referred to in Nos. 88 and 89 of the present Constitution, shall be carried out according to the usage of the Church by the Dean of the College of Cardinals or, in his absence, by the Subdean or, should he too be prevented from doing so, by the senior Cardinal Bishop.

Clause #90 from Universi Dominci Gregis from http://www.vatican.va from June 11, 2010

Oldest and Senior are NOT the same.

Right now Cardinal Martins of Portugal is the OLDEST Cardinal Bishop.

But, when it comes to SENIORITY it is either Cardinal Arinze or Re — with me still contending that it is Arinze UNLESS the 1731 law was changed — and if it was … then WHEN (I can work out who the pope would have been).

Yes, John Paul II had the right and the power to unilaterally override the Canon. But, I if he did, there would typically have been some notation about it in the ‘References’ at the end. As it is the 1984 Code is cited thrice in the References section.

My point is simple. In 1983 we had one ruling, in 1996 another.

Yes, I fully understand that it is unlikely that any of us will see a non-bishop elected as pope in our lifetime … but we are talking here about precedence.

This is NOT the only inconsistency in Universi Dominici Gregis. There are others. I mentioned them, diplomatically as possible, in my ‘The Next Pope‘ book. I will now enumerate them in a separate posting because it confirms my contention — the curia drops the ball quite often.

Watch this space.

Anura Guruge

The Next Conclave — Those That Will Officiate

by Anura Guruge

Four Related Articles: 1. Over 80 Rule 2. Dean may be excluded
3. Camerlengo and The Major Penitentiary

4. Precedence Among Cardinal Bishops

This is the fourth (and hopefully last) article in a series about those that can participate in the next conclave — promoted by the London Times howler on May 10, 2010 that talked about Cardinal Sodano, as the Dean, attending the next conclave — though he is already 82, and thus two years over the mandatory, inviolable 80 year cut-off for conclave participation.

Please refer to the three articles referenced above for more details on conclave participating, role delegation and rules of precedence.

This is the list of the ‘Officers,’ both cardinals and non-cardinals, that will officiate at the next conclave (if it were to be held in the ‘near’ future with 80 denoting 80-year cut-off.]

CARDINALS:
1. Camerlengo of the Holy Roman Church. 80, NOT-deputizable.
College of Cardinals will have to elect a new, but interim, Camerlengo.
—-current: Italian Cardinal Tarcisio Bertone [b. Dec. 2, 1934], 75.
Can participate and do so for the next 5 years.

2. Dean of the College of Cardinals. 80, Deputizable by Vice-Dean
(or next most senior Cardinal Bishop)
—-current: Italian Cardinal Angelo Sodano [b. Nov. 23, 1927], 82.
Cannot participate.

3. Vice Dean of the College of Cardinals. 80, Deputizable by senior most Cardinal Bishop present
—-current: French Cardinal Roger
Etchegaray [b. Sep. 25, 1922], 87.
Cannot participate.

4. Senior most Cardinal Bishop (after Vice-Dean). 80, Deputizable by next in line per precedence … even if it is the senior most Cardinal Priest present
—-current: Italian Cardinal Giovanni Battista Re
[b. Jan. 30, 1934], 76.
Can participate and do so for the next 4 years.
[Earlier confusion as to whether Cardinal Re actually was the most senior had to do with a hitherto undetected translation error in the 1914 Catholic Encyclopedia! Please read << this >>]

5. Senior most Cardinal Priest. 80, Deputizable by next in line per precedence within the order of Cardinal Priests
[in contrast to the case with Cardinal Bishops, it is impossible to envisage a conclave with no Cardinal Priests.]

—-current: Brazilian Cardinal Eugênio de Araújo Sales [b. Nov. 8, 1920], 89.
Cannot participate.

At present the senior most Cardinal Priest under 80 is Belgium Cardinal Godfried Danneels [b. June 4, 1933]. << Thanks Marko >>

6. Senior most Cardinal Deacon. 80, Deputizable by next in line per precedence within the order of Cardinal Deacons
[though improbable, in theory, it would be possible to have a conclave with no Cardinal Deacons in attendance. If this ever happened, the junior most cardinal priest would have to perform the roles expected of the senior most Cardinal Deacon]

—-current: Italian Cardinal Agostino Cacciavillan [b. Aug. 4, 1926], 83.
Cannot participate.

At present the senior most Cardinal Deacon under 80 is Italian Cardinal Sergio Sebastiani [b. Apr. 11, 1931].  << Thanks Marko >>
—-


MAJOR PENITENTIARY
Is not always a cardinal — as is the case right now. Not permitted within the conclave unless he is an under-80 cardinal.
If post is vacant prior to or if the incumbent dies during the sede vacante the College of Cardinals via a secret ballot will elect one of their own as the interim Major Penitentiary. It does not stipulate that they have to elect one who is under-80. If the incumbent dies during the conclave, the cardinal electors, in conclave, will, most likely, elect one of their own as the stand-in.

1. Major Penitentiary.
80, NOT-Deputizable. Not required within conclave
—-current: Italian Archbishop Fortunato Baldelli
[b. Aug. 6, 1935].
Cannot participate since he is NOT a cardinal.
—–


VICARS GENERAL & CARDINAL ARCHPRIEST, VATICAN BASILICA
The Cardinal Vicar General of Rome, the Cardinal Vicar General for Vatican City and the Cardinal Archpriest of the Vatican Basilica retain their posts during the sede vacante.
Upon being notified by the Camerlengo, the Cardinal Vicar General of Rome has the responsibility of informing the people of Rome as to the
sede vacante.
None of these three, however, have any specific duties to perform within a conclave.
If there is no Vicar General of Rome during the
sede vacante his duties will automatically be performed by the Vice-Vicar, i.e., the Vicegerent. If there is no Vicegerent, then the senior most auxiliary bishop of Rome steps in.
The Apostolic Constitution, Universi Dominici Gregis, does not specify what needs to be done if there is no Vicar General for Vatican City or a Cardinal Archpriest of the Vatican Basilica. One assumes that a non-cardinal deputy will do the needful until a replacement is appointed by the new pope.

The pope can appoint non-cardinals to all three of these posts. Vicar General of Vatican City may also be Archpriest of the Basilica.

1. Vicar General of Rome. 80, Deputizable from within the see of Rome. Not required within conclave
—-current: Italian Cardinal Agostino Vallini [b. Apr. 17, 1940]. 70

Can participate and do so for the next ten years.

2. Vicar General for Vatican City. 80, Deputizable from within the Vatican City hierarchy. Not required within conclave
—-current: Italian Cardinal Angelo Comastri
[b. Sep. 14, 1943], 66.
Can participate and do so for the next fourteen years.

3. Archpriest of the Vatican Basilica. 80, Deputizable from within the Vatican City or Basilica hierarchy. Not required within conclave
—-current: Italian Cardinal Angelo Comastri [b. Sep. 14, 1943], 66. << same as above >>
Can participate and do so for the next fourteen years.


NON-CARDINALS

These officials are required to participate within the conclave, BUT since they are not cardinals they cannot vote nor be in the Sistine Chapel when ballots are being cast.
Since they are not cardinals, and as such non-electors, their age is immaterial.


1. Secretary of the College of Cardinals. If needed, a temporary deputy will be appointed by the College, if needed
—-current: Italian Archbishop Manuel Monteiro de Castro
.
Cannot cast any votes or be in the Sistine Chapel when the electors are voting.

2. Master of Papal Liturgical Celebrations. If needed, a temporary deputy will be appointed by the College, most likely from within the Office of Liturgical Celebrations of the Supreme Pontiff
—-current: Italian Monsignor Guido Marini
.
[He is not related to his predecessor, Piero Marini who held this post from 1997 to 2007]

Cannot cast any votes or be in the Sistine Chapel when the electors are voting.


There are a few others that attend, such as two Masters of Ceremonies, an assistant to the ‘Dean,’ a contingent of Confessors etc., but these are not ‘officers’ per se and are chosen prior to the conclave. Thus their names are not known ahead of a conclave.

The Next Conclve — Implications Of The You Have To Be Under 80 Rule

by Anura Guruge

RELATED ARTICLE < please refer >

The recent fallacy in the London Times (Online) that the 82-year old Cardinal Sodano,  the Dean of the College of Cardinals, will be at the next conclave highlighted that conclave protocol is a mystery to most. I addressed the errors in the Times statement in this May 10 post.

Cardinal Sodano, despite being the Dean, will not be able to attend the conclave because he is over 80 and therefore automatically and inexorably excluded from being a papal elector (and thus being able to participate in a conclave).

Nothing, whether it be title, office or seniority, takes precedence over the 80 year cut-off rule for papal electors implemented by Paul VI (#263) in 1970 with his Ingravescentem aetatem motu proprio.

Thus, if the Dean of the College of Cardinals has reached his eightieth birthday prior to the start of the sede vacante he will not be permitted to participate in the sequestered conclave. There are no ifs and buts. A Dean who is over 80 cannot participate in a conclave. PERIOD.

As I point out in my earlier posting this happened in both the 1978 conclaves — the first to be held since the 80 year cut-off came into play.

The same applies to the Vice-Dean. He can only attend if he is under 80. In 1978, the Vice-Dean, again on both occasions could not attend.

[In 1965 Paul VI had also changed the mechanism as to who would be the Dean and Vice-Dean. Previously it had been based on seniority within the College, the Senior most automatically becoming Dean or Vice-Dean when these posts became vacant. As of 1965 the Cardinal Bishops would elect one from within their ranks, independent of seniority — albeit subject to the pope approving the selection.]

Not having the Dean or the Vice-Dean in attendance at a conclave is not even an inconvenience, let alone an impediment.

If the Dean is not present, the Vice-Dean will deputize for him. If they are both not present, the senior most Cardinal Bishop will act as the surrogate for the Dean. Please refer my earlier posting for the list of functions performed by the Dean (or his deputy).

[In theory it is possible to envisage a conclave with no Cardinal Bishops in attendance, due to age and illness — given that there can only be 9 Cardinal Bishops per the current framework. If that were to happen the senior most Cardinal Priest will become the de facto Dean. This is the beauty of precedence within the College. Again Please refer my earlier posting so I do not have to repeat myself here. Better still, read page 125 to 127 of ‘The Next Pope‘ on Google Books or Amazon.]

The senior most cardinal deacon is a busy beaver during the conclave. He has to pick names, he has to man the door, he has to summon non-cardinals, he has to make the Habemus Papam announcement etc.

But as with the Dean and Vice-Dean, if the senior most cardinal deacon of the College is unable to attend the conclave, then the senior most cardinal deacon present automatically performs all the duties without comment.

If a new pope has not been elected after the fourth day of the conclave, there is per Universi Dominici Gregis ‘time-out’ stipulations a brief hiatus followed by a spiritual exhortation by the senior most cardinal priest present. And that basically is the MO when it comes to conclave protocol. Precedence, precedence, precedence with the senior most present doing the honors — with BUT one, unique, exception. That being the Camerlengo. If the existing Camerlengo cannot attend the conclave (or becomes incapacitated during the conclave), the College of Cardinals will have to elect a new one prior to (or during) the conclave via a secret ballot — with the person getting the most votes, irrespective of majority, becoming the new Camerlengo. The Dean (or his deputy) will stand-in for the Camerlengo while the new one is being elected.

Another two posting to follow.