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ELECTIONS
Dissertation
SUBMITTED TO THE FACULTY OF THEOLOGY OF
THE CATHOLIC UNIVERSITY OF AMERICA
IN PARTIAL FULFILLMENT OF THE REQUIREMENTS
FOR THE DEGREE
DOCTOR
OF CANON
LAW
By DANIEL M. GALLIHER, O. P.,
J.
C. L.
Catholic University of America
1917
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CANONICAL ELECTIONS
Dissertation
SUBMITTED TO THE FACULTY OF THEOLOGY OF
THE CATHOLIC UNIVERSITY OF AMERICA
IN PARTIAL FULFILLMENT OF THE REQUIREMENTS
FOR THE DEGREE
DOCTOR OF CANON LAW
By DANIEL M. GALLIHER, O. P.,
J.
C L.
Catholic University of America
J9J7
Nihil Obstat:
* THOMAS
J.
SHAHAN, S. T. D.,
Censor Deputatus.
Imprimatur
:
*J.
CARD. GIBBONS,
Archiepiscopus Baitimorensis.
Approbatio Ordinis
Nihil Obstat:
FR. JOSEPHU5
KENNEDY, O. P., S. T. M.
FR. AUGUSTINUS WALDRON, O. P., S. T. M.
Imprimatur
:
FR. RAVMUNDLS MEAGHER, O. P.. S. T. L.,
Prior Provincialis.
33C
The Rosary Press, Somerset, Ohio
1917
*k
<r~
A-
or
CANONICAL
ELECTIONS
CONTENTS
Introduction 5
Historical Concept 7
Juridical Concept 21
Qualifications of Electors 31
Convocation of Electors 45
Persons Eligible 54
The Act of Election 67
Postulation 83
Defects in Election 87
Subsequent Acts 96
AppendixI. Manner of Electing a Sovereign Pontiff 104
II. Method of Selecting Bishops in the United
States 107
Sources and Bibliography Ill
INTRODUCTION
There is no institution, perhaps, that occupies a more prom-
inent place in the entire history of ecclesiastical legislation than
canonical election. For the Church during the almost twenty
centuries of her active life has promulgated for no other institu-
tion such a vast and varied array of enactments, decrees, and con-
stitutions. This ancient method of ecclesiastical provision
Judex, n. 1.
3
Passerini, lb., n. 73.
4
Ib.
(
n. 70.
5
Fontana, De Elect, n. 3.
'Boudinhon, Cath. Ency.
72 CANONICAL ELECTIONS
the votes of all. These are called scrutineers, because they scru-
tinize the votes of the others. They are chosen by the majority
of the vocals, but custom can prescribe otherwise. In the Order
of Friars Preachers the Constitutions provide for their institu-
tion
;
in the election of a prior or socius they are the sub-prior
and vicar or the two oldest vocals.
1
The same holds for the elec-
tion of a provincial elector. In the election of definitors of a
general or provincial chapter they are the provincial or vicar of
the province together with the prior and sub-prior of the convent
in which the election is held, or at least two of these three
;
if
the prior and sub-prior cannot be present, then the two oldest
electors act as scrutineers. In the election of a provincial these
officials are the three oldest priors, in that of a general the three
oldest provincials.
The scrutineers are not to be elected according to the form
of the chapter "Quia propter," but by public suffrage when they
are not appointed by the superiors. In the Order of Friars
Preachers, if the sub-prior has no voice or if one of those ap-
pointed, even though present, is impeded, a fourth is elected by
public vote,
2
except in the province of Poland, where he is elected
secretly by decree of the general made at the request of the pro-
vincial. If the one impeded is not present, then the three oldest
present are chosen, this is also true when one of the oldest does
not wish to- act. Where there are but three vocals, two scru-
tineers suffice
;
where there are but two, one suffices
;
where
there is but one, none are required. In all other cases there must
be three. Although the form of election requires that there be
no more than three, still the election of a fourth, fifth, or sixth
though useless, does not vitiate an election. A general chapter
may prescribed, unless expressly forbidden, that a fourth be
elected, for the Lateran Council
3
forbade that a fourth be chosen
by the electors but not by superiors having the right to make
laws.
The Council of Trent decreed that in the election of all "su-
periors, temporal abbots and other officials, generals, abbesses,
prioresses and other superioresses," all should be elected by
secret vote and the names of the electors never published, and
that all elections otherwise conducted are invalid.
4
This decree
does not include the electors of bishops and perpetual abbots.
1
Const, n. 553.
2
Rome, 1629.
3
cap. Quia propter.
4
sess. 25 de Regul. c. VI.
CANONICAL ELECTIONS 73
The practice now is that generals, provincials and local prelates
are elected according to the Tridentine form, but other officials
are sometimes elected by public suffrage. In the Order of Friars
Preachers, generals, provincials, priors, definitors of general and
provincial chapters, the socius of a prior to a
provincial chapter
and electors of provincials and generals are elected by secret
ballot, other elections are either by public or secret votenot
however, by ballot, but with black and white beans,
A much disputed question here arises whether the Tridentine
decree admits of auricular scrutiny or whether the scrutiny be
necessarily by ballot. Some hold that the decree absolutely for-
bids auricular scrutiny, and that elections not conducted by bal-
lot are invalid.
1
They base their opinion on a statement made
viva voce to Cardinal Cribello by Pius V (May 12, 1562),
in which
he declared that the mind of the Council prescribed secret vote
by ballot.