THE NEW SCHAFF-HERZOG
Marcellus (30S) into twenty-five " titles "; and from the first the deacons who had charge of the seven charitable districts, said to have been laid out by Clement I. , were associated with them as cardinals. Under Pope Stephen III. (IV.) (d. 771) the suburban bishops were added to the number, which, howe^'er, varied much at different periods. In the twelfth century it seldom rose above thirty; in the thirteenth it went as low as seven; the Council of Basel (1431-49) fixed it at twenty-four; in 1516 there were only thirteen cardinals; under Pius IV (d. 1559) once as many as seventy-six. Sixtus V (1585-90) finally settled the number at seventy, corresponding to the elders of Israel chosen by INIoses. These were to include the six " suburbicarian bishops " (of Ostia, Porto, Frascati, Sabina, Palestrina, and Albano), fifty cardinal priests, and fourteen cardinal deacons. All the seventy places are, however, rarely filled at any one time.
According to the present law, a cardinal is " created " by the pope, his eligibility depending on the same conditions as in the case of a bishop, with a special provision against the nomination of a person of illegitimate birth, even though subsequently legitimated. He must have been for a year at least in minor orders, and have no children or grandchildren, even by a previous lawful marriage, nor must he have any near relation (in the first or second degree of the canonical computation) among the existing cardinals. All nations are supposed to be considered in making the selections, but in modern times Italians have always been in a large majority. Until comparatively recent years certain European sovereigns had a prescriptive right to suggest the creation of one cardinal each to represent their interests at the capital of Christendom; these were known as crown cardinals. The creation takes place originally in a secret consistory, and is then proclaimed in a public one. Sometimes a cardinal may be created and his name not published for some time, but reserved in petto, as the phrase is.
The cardinals take rank irtimediately after the pope, of whom they are the electors. Though in theory any one otherwise eligible, even a layman, may be chosen, Urban VI. (1378) was the last pope who was not a cardinal. They have as insignia the broad red hat with pendent tassels, conferred by Innocent IV. in 1245, the red robe (by Paul IV., 1464), and the title of " Eminence " (Urban VIII., 1630). They have the privilege of a quasiepiscopal jurisdiction within their own " titles," may wear pontifical vestments there, and, if they are at least priests, may confer the tonsure and minor orders on their subordinates and members of their household. The senior cardinal bishop is dean of the sacred college. During a vacancy of the papacy they attend to necessary administrative details, and proceed as soon as possible to the election of a new pope (see Pope). The cardinal camerlingo (answering to the archdeacon in the historical development of ^^'estern dioceses) early received charge of the general internal administration under the pope. He was assisted by the vice-camerlingo or governatore for criminal jurisdiction, the auditor camera: for civil jurisdiction, and the tesoricre for
the custody of property. The cardinal vicar (analogous to the archpresbyter in the early chapters) attended to the local episcopal functions of an ordinary diocesan bishop. For the special administration of the " power of the keys," the pope has, like other bishops, a member of what may be called his chapter, the cardinal penitentiary.
Down to 1815 the States of the Church were regarded as, what indeed they were originally, simply estates held by the pope as a landowner, and as such he administered the patrimonium Petri, in so far as the nobility did not interfere or the people of Rome preserve their ancient independence. When the outlying provinces known as legations were acquired, they preserved in large
2. Officials measure their former constitutions, of State, the pope merely sending a legate to
assume the chief government and transmit the revenues to Rome. As long as this " patrimonial " system prevailed the cardinal camerlingo had great influence and was practically minister of the interior and head of the department of finance (the camera apostolica). Toward the end of the fifteenth century, when the popes became more and more normal secular sovereigns of this territory, a minister who should represent the monarchical principle developed by degrees — called at first the cardinal-nephew, or, when this designation was inappropriate, cardinal-patron, now cardinal secretary of state. He gradually absorbed a good many of the functions of the cardinal camerlingo, took command of the legate governors and of the papal troops, and also fulfilled the functions of a minister of foreign affairs, not only in purely secular, but in ecclesiastical matters. When, after 1815, modern ideas began to be applied to the organization of the States of the Church, the business of this office increased so much that in 1833 it was divided, the former secretary of state confining himself mainly to foreign affairs, and another secretary of state for internal affairs being created, though subordinate to the original official.
At the beginning of the sixteenth century legal questions were dealt with by the Rota, the highest court of the States of the Church; questions of government by the college of cardinals
3. Judiciary assembled in consistory; questions of
and conscience by the cardinal peniten- Adminis- tiary and the office known as Pcenitration. tentiaria under him; whUe the pope had an office called Signatura, with certain advisory assessors {referendarii) for matters requiring his personal signature. The last was divided, according to the two classes of papal action — spiritual administration and justice — into the Signatura gratice and justitiae, which became later two distinct bodies. For the keeping of an accurate record and checking financial abuses, the chancery {Cancellaria apostolica) was organized out of the earlier body of notaries; and the Dataria grew up for the purpose of countersigning and registering the vast mass of grants of benefices, etc. These, with the secretariate of briefs, which originally served mainly for the pope's private correspondence, constituted the system at the time of the Council of Trent. Those of them which now exist as active