Page:On papal conclaves (IA a549801700cartuoft).djvu/228

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212
APPENDIX

APPENDIX B.

The case of Cardinal Andrea presents so many important bearings, even though his return to Rome within the term of citation should, in all probability, quash further prosecution, that it will not be inopportune to state briefly the chief pleas on which the Pope relies in his comminatory Brief of degradation. The canonical authorities invoked in this document as affording a legal basis for the decisions promulgated are the Bulls Ad universæ Christianæ Reipublicæ of Benedict XIV. and Cum Juxta of Innocent X. As regards the first of these Statutes, it must be observed that its scope is strictly confined to simply recalling to mind the residential obligations imposed on Bishops by the Council of Trent, and that the only clause which touches on Cardinals does so only in so far as they are Bishops. The following is the text of this clause:—'Ceterum intendimus sub præsentium Literarum Nostrarum ordinatione et dispositione etiam ipsos Venerabiles Fratres Kostros Sanctæ Romanæ Ecclesiæ Cardinales, qui Patriarchalibus Primatialibus Archiepiscopalibus et Episcopalibus Ecclesiis prædictis ex concessione et dispensatione Apostolica nunc præsunt, et in futurum præeerunt comprehendi, ac comprehensos esse et fore.' It is manifest that as far as the provisions of this Bull come in question,