Page:On papal conclaves (IA a549801700cartuoft).djvu/230

214 its wording an adequate authority for the peculiar sentence in question—a sentence without precedent since that pronounced against the Colonnas by Boniface and subsequently so clearly condemned and reversed. The penalties reserved by Innocent for Cardinals who desert the Papal States and disobey the Pope's summons to return, comprise loss of temporalities and a general deprivation of the Cardinalitian dignity; but in the whole of this very detailed Statute of pains and penalties there is not a word implying the forfeiture of franchise. By the provisions of this Bull the Pope is empowered to do merely that which there never could he a question but a Pope has perfect authority to do to contumacious Cardinals, namely, punish them with the kind of degradation ultimately inflicted on Cardinal Coscia, that involved loss of outward signs of rank, and even partial disability of franchise, but not downright forfeiture—this last sentence originally pronounced against this Cardinal being acknowledged by Pope Clement to labour under integral vice. The importance of this point makes it well to give the very words of that portion of the Bull Cum Juxta which comes in question, and then to append the text of the Brief which Pius addressed to Cardinal Andrea:—

'Si autem tam Cardinales, qui jam sine nostrâ licentiâ, ut præmittitur, extra Statum Ecclesiasticum se trastulerunt, quam illi, quos in futurum, ut supra extra eumdem Statum absque nostrâ, et pro tempore existentis Romani Poutificis licentiâ se transferre contigerit, per alios tres menses