From a reader…
QUAERITUR:
Can the Pope “change” or “raise” the required age of Cardinals
entering a Conclave, say to 85 years old, or even 90? He seems to be changing other laws all by himself, why not this? Does he have the power or authority to do this?
Yes, a Pope can change the “cut off” age for Cardinals to be able to enter and to vote in a Conclave. In 1970 Paul VI established that only those Cardinals who had not yet reached their 80th birthday at the time of the end of a pontificate could vote.
For example, say that Pope Clement XV dies on 1 April. That begins the interregnum period of at least 15 days that resolves into the Conclave to elect a new Pope. Benedict XVI established that if all the Cardinal electors were in Rome sooner, they could start sooner. But while they have to wait at least 15 days, by 20 days they have to start the Conclave even if some electors are not there yet. So, after Clement XV dies on 1 April, on 2 April Uriah Card. Heep turns 80. Card. Heep can enter the Conclave and vote, even though he is 80 when the Conclave begins because he turned 80 after the death of the Pope. Had Heep turned 80 on 31 March, no dice.
Historically, there have been really long interregnum periods, “sede vacante”. Back in the 13th century there was one break, between Clement IV and Gregory X that lasted almost 3 years.
Back to the question. Yes, a Pope can change the age of voting Cardinals, electors.
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Considering that an aged based limit has only been in effect for 51 years, with no prior precedent of age being a factor, and has only thus been operative during four conclaves, I would think that not only could a Pope change this, it may even be likely.
I would hate to see the voting age limit lowered to ensure only those cardinals appointed by a vacating pope would be eligible to vote in a conclave.
You say that: “In 1970 Paul VI established that only those Cardinals who had not yet reached their 80th birthday at the time of the end of a pontificate could vote.” I think this is not precisely correct, because what was said in Ingravescentem aetatem in 1970 was that: “Patres Cardinales, cum octogesimum aetatis annum conficiunt ius amittunt Romanum Pontificem eligendi atque adeo etiam ius in Conclave ingrediendi.” As Romano Pontifici Eligendo stated in 1975, that meant that: “Ius eligendi Romanum Pontificem ad Sanctae Romanae Ecclesiae Cardinales unite pertinet, iis, ad normam antea editae legis (11), exceptis, qui tempore ingrediendi in Conclave, octogesimum aetatis annum iam confecerunt.” So you couldn’t turn 80 before entering the Conclave, independently of the date of the death or vacancy of the See.
It was until Universi Dominici Gregis in 1996 that this particular requisite was corrected and changed to stating: “Ius eligendi Romanum Pontificem ad Sanctae Romanae Ecclesiae Cardinales exclusive pertinet, iis exceptis qui ante diem mortis Summi Pontificis vel ante diem quo Sedes Apostolica vacavit octogesimum aetatis annum iam confecerunt.” I say corrected and not just changed because I think that the right to vote is acquired the moment of the vacancy and not the moment of the entrance in Conclave, so it should be as you stated in your example, but from 1970 to 1996 it was not that way.
It’s a small difference, but it’s important to make the distinction.
No one can change the age of a cardinal. Not even a pope.
I wonder how the church would look if there wasn’t an age limit on voting cardinals?
Andrew, facete dictum!
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