The supreme headship of the Church as we have seen, annexed to the office of Roman bishop. The pope becomes chief pastor because he is Bishop of Rome: he does not become Bishop of Rome because he has been chosen to be head of the universal Church. Thus, an election to the papacy is, properly speaking, primarily an election to the local bishopric. The right to elect their bishop has ever belonged to the members of the Roman Church. They possess the prerogative of giving to the universal Church her chief pastor; they do not receive their bishop in virtue of his election by the universal Church.

This is not to say that the election should be by popular vote of the Romans. In ecclesiastical affairs it is always for the hierarchy to guide the decisions of the flock. The choice of a bishop belongs to the clergy: it may be confined to the leading members of the clergy. It is so in the Roman Church at present. The electoral college of cardinals exercise their office because they are the chief of the Roman clergy.

Should the College of Cardinals ever become extinct, the duty of choosing a supreme pastor would fall, not on the bishops assembled in council, but upon the remaining Roman clergy. At the time of the Council of Trent Pius IV, thinking it possible that in the event of his death the council might lay some claim to the right, insisted on this point in a consistorial allocution.

It is thus plain that a pope cannot nominate his successor. History tells us of one pope — Benedict II (530) — who meditated adopting this course. But he recognized that it would be a false step, and burnt the document which he had drawn up for the purpose. On the other hand the Church's canon law (10 D. 79) supposes that the pope may make provision for the needs of the Church by suggesting to the cardinals someone whom he regards as fitted for the office: and we know that Gregory VII secured in this way the election of Victor III. Such a step, however, does not in any way fetter the action of the cardinals.

The pope can, further, legislate regarding the mode in which the subsequent election shall be carried out, determining the composition of the Electoral College, and the conditions requisite for a definitive choice. The method at present followed is the result of a series of enactments on this subject.

A brief historical review will show how the principle of election by the Roman Church has been maintained through all the vicissitudes of papal elections. St. Cyprian tells us in regard to the election of Pope St. Cornelius (251) that the com provincial bishops, the clergy, and the people all took part in it: "He was made bishop by the decree of God and of His Church, by the testimony of nearly all the clergy, by the college of aged bishops [sacerdotum], and of good men".  And a precisely similar ground is alleged by the Roman priests in their letter to Emperor Honorius regarding the validity of the election of Boniface I. Previous to the fall of the Western Empire interference by the civil power seems to have been inconsiderable. Constantius, it is true, endeavored to set up an antipope, Felix II (355), but the act was universally regarded as heretical. Honorius on the occasion of the contested election of 418 decreed that, when the election was dubious, neither party should hold the papacy, but that a new election should take place.

This method was applied at the elections of Conon (686) and Sergius I (687). The law is found in the Church's code (c. 8, d. LXXIX), though Gratian declares it void of force as having emanated from civil and not ecclesiastical authority.   

To be continued……………