The Pope’s Right to Elect his Successor: The Criterion of Sovereignty?
One of the ‘Problems of Sovereignty’ addressed by Michael Wilks in his magisterial study is whether the pope can appoint his own successor.’ It was, of course, a particularly pressing problem for any prince who had no natural heir, either because of his own deliberate celibacy, or, if he had children, because there was no established rule of hereditary succession. In the seventeenth century Thomas Hobbes saw the right to appoint a successor, and thus to perpetuate what he calls the ‘artificial eternity’ of the commonwealth, as an essential attribute of sovereignty: There is no perfect form of government, where the disposing of the succession is not in the present sovereign. For if it be in any other particular man or private assembly, it is in a person subject, and may be assumed by the sovereign at his pleasure; and consequently the right is in himself.’ He also pinpointed the problems which would arise without this attribute: ‘If it be known who have the power to give the sovereignty after his [the ruler’s] death it is known also that the sovereignty was in them before; for none have right to give that which they have not right to possess, and keep to themselves, if they think good.’ Moreover, if the sovereign cannot appoint his successor ‘then is the commonwealth dissolved; and the right is in him that can get it.’