Page:On papal conclaves (IA a549801700cartuoft).djvu/229

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APPENDIX
213

they can touch Cardinal Andrea only in his capacity of Bishop. It is therefore his suspension from the See of Sabina which alone can be sought to be justified on the authority of this Bull. The sentence of absolute deprivation of all the attributes of the Cardinalitian dignity which is involved in the Brief of the 29th September, consequently should find its justification in the provisions of the other Statute invoked, the Bull Cum Juxta. Undeniably this decree was levelled at Cardinals, and notoriously at the Cardinals Barberini in particular, who, greatly to the anger of Innocent X., left his dominions and sought the hostile protection of Mazarin. This personal motive in its inspiration caused the Pope expressly to make the Bull retrospective in its action, so as to strike the case of these fugitive Barberinis. But clear as daylight though it be that this Statute lays Cardinals under penalties who leave the Pope's dominions without his license, there is nothing in it to warrant the extreme sentence which Pius IX. has deemed himself empowered to formulate. Roman canonists have indeed attempted learnedly to prove that Cardinal Andrea has never come within the action of the Bull Cum Juxta, his departure having been rendered necessary for the preservation of life, which, in canon law, is a paramount obligation no Pope has the power to traverse. This technical objection we are content to ignore. We are quite ready to admit the ground for proceedings against Cardinal Andrea that is afforded by this Bull Cum Juxta, and yet we are unable to extract from