by Anura Guruge
There is a need for some clarification … most of it already done in much detail in my May 20, 2010 post. PLEASE read that if you are not familiar with these issues.
Pius X in 1914 precluded Cardinal Bishops from transferring between suburbicarian sees. Prior to that it was quite popular, since some sees generated better revenues than others. In 1914 Pius X also put a stop to this by pooling all the revenues from the sub. sees and then dishing them out equally – with the Dean getting two helpings, because he would also have Ostia. Page 118 of my ‘The Next Pope.’
So Cardinal Bishops cannot transfer within the order. But, as of 1965, they could be ELECTED (by their peers), Dean or Sub-Dean, when these positions became available.
On March 10, 1961, John XXIII with his Ad suburbicarias dioeceses changed jus optionis rules. Cardinals, independent of whether they were cardinal priests or cardinal deacons, could ‘opt’ for a suburbicarian see. In future, the ONLY way a car. priest or car. deacon could become a Cardinal Bishop was IF the pope promoted them. So it was no longer an option. It was an exclusive privilege of the pope. To demonstrate this John XXIII immediately promoted Giuseppe Antonio Ferretto to be a Cardinal Bishop. He had been created a cardinal priest 3 months earlier and was the most junior cardinal in the College as he was the last named of the 4 cardinals created at the January 16, 1961 consistory.
The pope can promote any cardinal priest or cardinal deacon to be a cardinal bishop. Benedict XVI did this with José Saraiva Martins, C.M.F.. He was created a cardinal deacon in Feb. 2001. On Feb. 24, 2009 he was promoted to Cardinal Bishop.
Within the order of Cardinal Bishops (not counting Dean and Sub-Dean), precedence is always as to when you became a Cardinal Bishop (not a cardinal). So date of creation is not a factor when it comes to Cardinal Bishops.
1983 Canon 350 §5 ONLY deals with side-way transfers for cardinal priests and cardinal deacons – IF they want a more ‘prestigious’ church or deaconry. This is purely an intra-order transfer. No promotion. Precedence stays the same.
As of 1961 Cardinal Priests have NO OPTION, whatsoever, of changing their order. The pope can promote them. That is it.
1983 Canon 350 §6 is NOT complete! It does NOT specify the 10 year, minimum wait time for Cardinal Deacons specified by Sixtus V in 1586! That is where you get the 10 year rule – as will be the case as of Feb. 21, 2011 when the 6 remaining cardinal deacons from the 2001 consistory can ask for promotion – to the order of priest.
There are ONLY three (3) scenarios whereby a cardinal deacon can now get promoted:
1/ Pope, as in the case with Ferretto or Martins, can promote a cardinal deacon to a vacant sub. see, making them a Bishop. Precedence within that order will be strictly based on when they became cardinal bishops – not their original date of creation.
2/ Per 1983 Canon 350 §6, a cardinal deacon (when they have been a cardinal deacon for at least 10 years) can request the pope that they want to be elevated to the order of cardinal priest. The elevation is automatic, though, as with all things, the pope could delay it or turn it down! Once elevated, their precedence is back-dated, as if they were created cardinal priests in the first place – rather than deacons. So they get precedence over priests named after them at their original consistory. This is spelled out in the canon – what is missing being the 10 year wait time.
3/ The pope, as he did with Sepe, can promote a cardinal deacon to a cardinal priest. This is different to being promoted to cardinal bishop. In that case, precedence is based on when the promotion happens. IN REALITY this scenario is NOT covered by Canon Law! Hence the debate here. It is NOT the same as Canon 350 §6. [It is not even close to Canon 350 §5]. We, Marko, me, GCatholic and now ‘The-Tidings’ ALL think that precedence will be the same as Canon 350 §6. But it is a very different scenario – closer to promotion to Car. Bishop than to after 10 year jus optionis preferment. So, in reality this scenario is NOT covered.