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viii, in "Museum Italicum", II, 567), i.e., on certain great feasts, bishops of superior rank say Mass on the altar of the Lateran Basilica. In Austria, Spain, and Portugal the biretta is usually imposed by the sovereign or civil ruler.

Et tamen omnes sunt canonici patriarchalis basilicæ Lateranensis" ("De Ecclesiâ Lateranensi", C. If the creation of a cardinal takes place outside of Italy, the scarlet zucchetta is sent him by one of the pope's (Noble Guards), and the scarlet biretta by a special ablegate.

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2, § 1 in "Electione", I, 6; Clement XII, "Apostolatus Officium", 4 Oct., 1732, §§ 6, 15, 18, in "Bullar. No canonical provisions exist regulating the authority of the College of Cardinals i.e. 9; "Apostolicæ Sedis moderationi", 12 Oct., 1869, I, 5). As a matter of fact, such nominations would not be invalid, and have been made (Archiv. These cardinals do not possess papal jurisdiction; they cannot therefore make laws nor modify the system of papal elections, create cardinals or bishops, nor issue commissions to cardinal legates. On the other hand, Sixtus V, by his yet valid constitutions "Postquam verus", of 3 Dec., 1586 (§ 4), and "Religiosa sanctorum", of 13 April, 1587, fixed the number of cardinals at seventy, six cardinal-bishops, fifty cardinal-priests, and fourteen cardinal-deacons, in imitation of the seventy elders of Moses, and declared null and void all nominations in excess of this number (Bullarium Rom., Turin, 1857, VIII, 810 sqq., 833 sqq.). This constitution provides that according to ancient custom (evidently closely related to the above-described interimistic administration by the archpriest, the archdeacon, and the chief of the notaries) the administration of the States of the Church shall be confided to the College of Cardinals after the following manner: the cardinal camerlengo ( are renewed according to seniority. Though the number of cardinal-bishops has always been seven, their particular sees have not shared the same fixity. As a rule, however, they were fewer; after the thirteenth century their number often sank considerably. These allocutions are meant for the entire Church and are therefore published in ecclesiastical organs. In the earliest times the government of the Roman Church was taken over by the presbyterium or presbyteral clergy, as we know from a letter of that body addressed to St. Abhandlungen Karl von Weizsäcker gewidmet", Tübingen, 1892, I sqq.). After the full development of the authority of the College of Cardinals, as above described, the latter took charge and exercised its power in very many ways; some canonists went so far as to maintain that during the vacancy of the Apostolic See the College of Cardinals possessed the fullness of the papal prerogative. That these bishops also received the name of is intelligible enough after what has been said. In the Middle Ages, therefore, the cardinals should have numbered fifty-three or fifty-four. Späthen, "Giraldus Cambrensis und Thomas von Evesham über die von ihnen an der Kurie geführten Prozesse" in "Neues Archiv d. Generally, however, the consistory is called only to inform the cardinals by a so-called allocution of the status of important ecclesiastico-political matters, or to make known the opinion of the pope. Harnack, "Die Briefe des römischen Klerus aus der Zeit der Sedisvacanz im Jahr 250" in "Theolog. Hinschius, "Das Kirchenrecht der Katholiken und Protestanten in Deutschland", Berlin, 1869, I, 318 sqq.). The "Liber Pontificalis" describes as follows this quasi-parochial system of ancient Rome: "Hic [Euaristus, 99-107? 2 (Concilium apocryphum Silvestri I, about the end of the fifth century), C. LXXXIX; Letter of Leo IX (1053) to Michael Cærularius in Jaffé, "Regesta Pontificum Romanorum", 2d ed. We read in this constitution "De jure cardinalium" as follows: "Itemque ex nostrâ præsenti constitutione his in mense vel eo amplius vel apud illum vel illum titulum sive apud illam vel illam diaconiam sive apud alias quasilibet ecclesias vos convenire mandamus, et ob vestram et inferiorum clericorum vitam et mores et qualitates et habitus vestium perscrutandum et qualiter quilibet præpositi se erga subditos habeant vel quod subditi suis præpositis non obediant et ad quæque illicita amputanda, clericorum quoque et laicorum querimonias, quæ ad nostrum judicium pertinent, quantum fieri potest definiendas, quippe cum sicut nostram mansuetudinem Moysi, ita et vestram paternitatem LXX seniorum, qui sub eodem causarum negotia diiudicabant, vicissitudinem gerere, certum habeamus. That is, the pope commands them to meet at least twice a month, in their own or other churches, to investigate their own lives and those of the clergy, the relations of superiors and inferiors, and in general to check all violations of the laws; also to settle, as far as is possible in the papal court, all conflicts between laymen and ecclesiastics. These eighteen deacons have each a church of Rome; they are also, adds Johannes Diaconus, canons of the Lateran Basilica. In all such cases the recipient must promise under oath, and under pain of nullity of his nomination, that within a year he will go personally to Rome for the further ceremonies above described, and to receive his "title" (Postquam verus, § 19).