Posted on 02/25/2013 1:44:20 PM PST by NYer
The Holy Father – Pope Benedict XVI now gloriously reigning – released a Motu Proprio (in Latin) by which he empowers the Cardinal Electors to move forward the day of the beginning of the conclave.
The canonist Ed Peters has looked at the Motu Proprio Normas nunnullas. My emphases:
In the wake of Benedict XVI’s startling resignation, a problem arose: the 17-day delay between the announcement and effective date of the resignation, followed by a minimum 15-day delay before the conclave could legally begin (per UDG 37), meant that the Church was to be, de facto, leaderless for over a month, with basically nothing to do but fret about being leaderless for over a month. As a way around this problem, some speculated (not unreasonably, but wrongly) that the cardinals charged with running skeleton operations during the sede vacante could, on their own authority, advance the start date of the conclave. This apparently simple idea, however, raised some very serious canonical and indeed ecclesiological issues.
Benedict’s motu proprio Normas nonnullas (22 feb 2012) solves the problem, as follows:
37 [Revised]. Praecipimus praeterea ut, ex quo Apostolica Sedes legitime vacat, antequam Conclave incohetur, mora sit interponenda quindecim solidorum dierum, facta tamen Cardinalium Collegio potestate Conclavis initium anticipandi, si constat omnes Cardinales electores adesse, vel etiam proferendi per aliquot dies, si graves obstant causae; tamen viginti diebus ad summum elapsis ab initio Sedis vacantis, cuncti Cardinales electores praesentes ad electionis negotium procedant.
Derogating from UDG 37, the pope has authorized an earlier start of the conclave if all the electors are present. Such a decision now falls squarely within the pontifical provisions for a conclave, and one may leave the choice of a start-date to the competent authority without further concern for the legality of the assembly. [Therefore, it is more likely that there could be a new Pope before Easter and - importantly - there is no question now that the Conclave could have any stain of illegality were the date to be moved up. The question is resolved.]
Time-permitting, I have a few more thoughts later.
Updated:
Another aspect of Benedict’s motu proprio catches my eye, namely, its reiteration that no otherwise-eligible elector can, for any reason, be barred from participation in the conclave. Over the weekend I saw several chattering heads speculating about Cdl. Mahony arriving in Rome only to be politely shown the door. [They wouldn't do that.] Nonsense. Mahony’s right to admittance is indisputable. As the pope will not disbar an eligible elector at this late date, only Mahony can resolve the complications that his participation in the conclave occasion. [Card. O'Brien of Scotland has voluntarily chosen not to participate because of allegations.]
Recap: As of this moment, there are 118 eligible electors. By Thursday, 8 pm Rome time, there will be 117. One of them, Darmaatmadja, has declared that he will not participate because of physical infirmity (as such, he would be allowed to change his mind and be admitted even if the conclave had started); another, O’Brien, has declared he will not participate for reasons unstated but apparent to all (as such, he would not be allowed to change his mind and be admitted once the conclave has started).
Ping!
Glad the Holy Father moved the conclave up. There's really no reason for not starting March 1. The world's known for several weeks now what's going on. It's not like the Cardinals need to make long ocean voyages to reach Rome.
Card. O’Brien of Scotland has voluntarily chosen not to participate....
&&&
Hmmm... Maybe I skimmed too quickly, but I got the impression from an earlier thread about O’Brien’s resignation that the cardinal got a little nudging from the Holy Father.
The 'strictest' secrecy: a look at how conclaves work
Pope will change rule for conclave date tomorrow [today]
Pope Benedict says he is not 'abandoning the Church' (tens of thousands fill square)
Communiqué of the Secretariat of State on the upcoming Conclave
Ratzinger's forgotten prophesy (sic) on the future of the Church
Homosexual Network at the Vatican, Yes; Reason for the Pope's Resignation, No
Castel Gandolfo prepares to receive first retired Pope
Vatican slams media for trying to influence papal vote
In Defense of the Papacy: 9 Reasons True Christians Follow the Pope
The Church Doesn't Need a Revolution
The Reason Benedict Resigned [Catholic Caucus]
At B16's Window, A Big "Thank You"... While Behind the Walls, The "Showcase" Begins
Prayers for Our Holy Father Benedict XVI and the Papal Conclave
Pope still extremely Catholic (A look at how media cover Catholicism [and the Pope])
Conclave to silence at least nine tweeting cardinals
Pope Benedict's resignation and the mystery of the missing encyclical
Benedict, Dawkins, and the Fullness of Reason
Benedict XVI: Vatican II as I saw it
Benedict’s renunciation and the wolves within the church
The Left Lobbies for a Liberal Successor to Benedict (and here is why)
Pope Benedict's Future Residence
SCOTT HAHN: Pope Benedict had a profound effect on this former Presbyterian minister
Is the Next Pope the One From John Bosco’s Dream? (Patrick Madrid offers an intriguing twist)
"Re-Elect Pope Benedict" - “Eight more years!”
Who can be elected pope?
The Legacy of Pope Benedict XVI: A commentary by Fr. Barron
More details on papal resignation, conclave (Vatican Press Office)
Church doesn't bend, but endures
Who Will Take Up the Keys of Peter (This is a MUST READ!)
Conclave & The Media: The Silly Season
Cardinal Bertone's Farewell Address to the Holy Father
"Thank You – Let Us Return to Prayer": For the Last Time, The Pope Leaves the Altar
"Today, We Begin A New Journey" – Liturgically Speaking, B16's Last Word
Vatican releases schedule for Pope's final days
Benedict XVI: Reason’s Revolutionary
Some Interesting Tidbits From Today’s Vatican press conference
Pope Decided to Resign After Cuba Trip, Vatican Advisor Says
Pope Says He's Resigning for the 'Good of Church'
Watch for the Anti-Catholics To Weigh in on the Papal Succession
The challenge Pope Benedict has left for his successor—and for ordinary Catholics
Historian Notes Precedents for Papal Resignation
US Will Have Unprecedented Voice In Electing New Pope
Pope Benedict’s Resignation and St. Corbinian’s Bear
Pope Benedict XVI’s Musical Legacy
Benedict announces resignation and lightning strikes
DHS's curiosity piqued over Pope Benedict XVI's retirement and Catholic Prophecy
Prayers for Pope Benedict XVI
Pope Benedict's Devotion to Saint Celestine Signaled His Resignation from the Papacy
Cardinal Sodano to Pope Benedict: “We have heard you with a sense of loss and almost disbelief”
Pope's resignation invokes sadness, gratitude from US bishops
Pope cites waning strength as reason for resignation
Report: Brother Says Pope Was Considering Resignation for Months
Some Notes About the Upcoming Conclave
An Evangelical Looks at Pope Benedict XVI
Pope Benedict’s Resignation in Historical Context
Virtually unprecedented: papal resignation throughout history
Pope Benedict XVI:a papal timeline
"I declare that I renounce the ministry of Bishop of Rome" [Full Text]
Pope Benedict's Address on Resignation of the See of Rome
POPE BENEDICT XVI WILL RESIGN AT THE END OF THIS MONTH, VATICAN PRESS OFFICE TELLS FOX NEWS
Court Orders them to Surrender by March 4 or face Citizens' Arrests
See: More details
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.