As had been widely expected, today the Vatican released a
motu proprio signed by Pope Benedict XVI that modifies some of the rules
regarding a conclave to elect a new pope. Dated February 22—the feast of the
Chair of St. Peter—the document allows the College of Cardinals to open the
conclave before the previously-mandated 15-day waiting period after the sede vacante begins. It also specifies
that any individual assisting with the conclave who violates the oath of
secrecy regarding the proceedings will be automatically excommunicated. The
Latin is here; an official English translation has yet to be released by
the Vatican.
From
Vatican Radio:
By
a modification to paragraph n. 37 of UDG:
Pope Benedict XVI allows for the College of Cardinals to begin the Conclave
before fifteen days have passed from the beginning of the period sede vacante,
provided that all voting Cardinals are present. The modification also provides
that the Conclave must begin no more than twenty days after the beginning of
the sede vacante, even if all the electors are not present.
By a modification to paragraph n. 48: The oath of
secrecy is extended to the individuals mentioned in Paragraph 55,2, among whom
are the two "trustworthy technicians" who have the task of assisting
the competent officers of the College in assuring that no audio-visual
equipment for recording or transmitting has been installed by anyone in the
areas mentioned, and particularly in the Sistine Chapel itself, where the acts
of the election are carried out.
By
a modification to the text of paragraph 55,3: The punishment for any
violation of the oath of secrecy is to be excommunication latae sententiae (the old text provided for “grave
penalties according to the judgment of the future Pope”).
Canonist
Edward Peters notes that the motu proprio also makes clear that the
cardinal-electors cannot be kept from participating in the conclave:
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. 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.
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).
Meanwhile,
Catholic
News Agency reports, “A Vatican official
speaking on background to CNA said Feb. 24 that the dates being discussed for
the start of the conclave to elect Benedict XVI’s successor are somewhere
between March 9th and 11th.”