“Dear Mr. Panizzi,
I send you word, through a friend of mine that the Signora Parilli expects you to-morrow morning. She does not know who you are, but introduce yourself as the “friend of Fagan.” An aunt of Poerio is a nun, and knows all about him.
B. He knew the people and country well. In 1849 he was named Commissioner for the settlement of British claims at Naples, and at Messina in 1851. In 1856 he was appointed Secretary of Legation to the Argentine Confederation, and after arriving at a satisfactory conclusion with respect to the settlement of British claims in Buenos Ayres in 1858, was appointed Chargé d’Affaires to the Republic of Ecuador, and afterwards Minister to Venezuela in 1865, where he died at Caracas, of yellow fever, in 1869.
Shortly afterwards, Panizzi’s interview with Ferdinand II. took place, on which occasion he was accompanied by Mr. Fagan. The day fixed was a Sunday, the hour twelve at noon. At ten minutes to twelve they arrived at the palace, “We are before our time,” said Panizzi, “Now the first question the King will ask, will be “Have you been to Church?” So they at once hastened into the Church opposite (San Francesco di Paolo), and remaining but a couple of minutes, came forth prepared to stand before the King and answer, with clear consciences, this expected question, which in fact was the first the King put to them.
It was quite clear that His Majesty was fully aware, through information obtained from spies, of all Panizzi’s movements. He received him, however, with the greatest courtesy, and almost before he himself had uttered a word, allowed him to talk on the subject of Poerio and Settembrini, and the prisons of Naples. On this theme Panizzi descanted uninterruptedly for full twenty minutes, when the King rose closing the interview with the remarkable words: Addio, terribile Panizzi.
During his stay at Lord Holland’s, the Neapolitan Government, in order that he should take his walks abroad with greater safety, kindly furnished him with constant attendance, in the shape of a pair of trusty followers or spies. It is painful to relate that Panizzi treated their delicate and unobtrusive attention with extremely bad taste, not to say ingratitude. He was never weary of playing tricks on his faithful attendants, of mischievously imposing on them; ably supported in this evil practice by his friend, and notably by Mr. Fagan, he made them deviate from the path in which it was their combined duty and pleasure to walk. Panizzi and his companions would get in and out of cabs, in the manner of a late well-known actor, though not with the intention of bilking the cab-driver. On one occasion, in trying to walk down their pursuers, they became involved in a cul-de-sac, and turning to come out, met their suite face to face. Pursuers and pursued burst into a hearty reciprocal laugh, the latter passed on, and the former fell to their place in the rear, and continued the chase.
Panizzi himself even allowed others to personate him. For example, in one instance he gave out, for the information of his retinue, that he was going on a shooting excursion in the neighbourhood of Naples. The person really bent on this errand was Lord Holland’s physician, Dr. Chepmell, who, in the character of Panizzi, was duly followed about the whole day. Let us hope that these honest members of the Police witnessed, though they had little chance of enjoying, a good day’s sport.
Like all truly great men, and in particular Henry the Great, of France and Navarre, Panizzi, when in the company of his friends, was devoid of all feeling of unofficial personal dignity, and delighted, when not seriously engaged, in little diversions as free, if not as innocent and touching, as those indulged in by that great monarch.
On one occasion—he was by nature so physically sensitive as (to use a common phrase) to be excessively ticklish—Dr. Chepmell, and another intimate friend, Signor Carafa, had got him on the floor and were subjecting him to the titillating operation. They were rolling him in the fire-place—his face was black with charcoal, his clothes white with ashes—when suddenly a servant announced the Duca di X.... who had come to pay his respects to the “Great Pan.” All the astounded Duke could do was to stand in the middle of the room and gaze, speechless, hat in hand, on the unexpected and inexplicable spectacle.
Meantime, leave had been obtained for Panizzi to visit the famous Vicaria. Of this he received information from Lord Feilding, who was to accompany him over the prison:—
“My dear Panizzi,
Will you hold yourself in readiness to accompany me over the ‘Vicaria’ to-morrow, in case it can be managed to obtain permission?
“All is arranged for to-day.
Before visiting the “Vicaria,” he was careful to draw up a most elaborate précis of all the questions to be asked of officials, all portions of the prison worthy of note, and all such points of information as should render his inspection as thorough as possible.
To give, in our own words, an account of this visit would be too long for these pages, but Panizzi, on the following day that he inspected the prison, wrote down a few brief observations, in conjunction with Lord Feilding (November 20th, 1851):—
“The general impression on our minds was most unfavourable. The mixing together of criminals of every description (homicides excepted) without distinction, the total want of occupation for the prisoners, with the exception of about thirty shoemakers who worked in two cells apart, and the fact that prisoners before trial and prisoners after trial are huddled indiscriminately together, are facts which speak for themselves, as to the total unfitness of the Neapolitan prison discipline for the reformation of the offender. A criminal, when he has undergone his term of imprisonment here, must come out infinitely more savage and demoralized than when he went in. Humanity, policy, and religion call loudly for a reform in these sinks of horror.”
The following is Panizzi’s report:—“Yesterday, Wednesday, the 19th of November, 1851, I accompanied Lord Feilding to see the prisons of the “Vicaria.” We got permission through Father Costa, a Jesuit, who came with us, with another father whose name I never heard; the Chief Gaoler and the Inspector of the Police went with us through the gaol. We entered it at a quarter past two o’clock, and left it at three minutes past four by my watch.
“Near the stairs by which we entered there are prisons looking into the quadrangle of the “Vicaria.” As two of the judges, as we were told they were, came downstairs to get into their carriage, the shutters of the prison nearest the bottom of the stairs were closed, and opened immediately after the carriage had driven off.
“Having got upstairs, we entered a small room in which a person sat keeping some register or other, and were immediately ushered into a smaller room, where an inspector sat. On the table we found three different sorts of bread—i.e., common bread, bread for the sick, and bread which is given to the prisoners in the evening. The whole of this bread was good of its kind; the only objection to the evening bread might be its being heavy.
“We entered the first Camerone dei Nobili, which has only one window at the end of it. It is a long, vaulted, low room, very dull, and the atmosphere of which I should call very bad, had we not experienced worse. Off this room, on the left, are six smaller rooms, communicating with the Camerone by doors, some of them closing with railings, and others with oak shutters. In these rooms are kept such prisoners as can afford to pay for better accommodation—that is a small bed, instead of the common beds of the “Camerone.” The air of these rooms was better, because, by leaving the windows open, a thorough draft was created through them. But the air was cold and damp; there was no means of excluding the air and cold. Except in one or two of these rooms there was a paper window instead of glass; in the other there was nothing. So that you must either have the cold from without, or close the enormous oak shutters, and exclude both air and light, not only from each of these rooms themselves, but from the Camerone, which, to a certain extent, receives both, particularly air, from them. The atmosphere at night, when all those windows are closed, must be intolerable; and I am firmly persuaded that, were it not that the shutters are opened to try the soundness of the double row of iron bars by which each window is secured, the inmates would be smothered. These bars are tried five times during the night. Of course, every time this operation takes place, the inmates are roused from their sleep or slumber, and whilst the shutters are open a chilling draft must be created.
“In the Camerone sleep 120 persons.
“We saw no kitchen or infirmary, both being removed to San Francesco; but in the room which was the infirmary, and which is better than the others, we saw a poor fellow lying down asleep, but he seemed to me very ill, and looked like a dead person.”
Of this celebrated prison the writer of these “memoirs” is enabled, from personal observation and knowledge, to give some account.
The Vicaria, or Castel Capuano, was originally situated outside, but is now enclosed within the city of Naples. The first building was erected by William, the Norman, for a Royal Palace, and surrounded by fortifications. Here the Kings of Naples successively resided, until Ferdinand of Arragon demolished the fortifications, thereby rendering it useless as a stronghold.
In the year 1540 the Viceroy, Pedro de Toledo, rebuilt it in its present form, and gave it the name of “Vicaria.” The magnificent chambers (stained with many a crime) were converted into Law Courts, the smaller rooms were utilized as dungeons. For 310 years it remained a so-called “Palazzo di Giustizia.” Of the peculiar species of Justice and Law administered it is hardly necessary to speak, except perhaps to call them by their proper names of cruelty, chicanery, and oppression. Nor is it surprising that during these centuries, ecclesiastical and civil tyranny should have had equal sway within the walls of the “Vicaria.”
In 1848 this vast and gloomy edifice, which stands at the end of the Strada dei Tribunali, bore, carved in stone, in bold relief, over its one heavily barred entrance, that badge of Italian servitude, the Austrian double headed eagle. Near the dungeons were stationed Swiss guards. Inside the gate, and arranged around a circular court-yard, were the houses inhabited by the guardians of the courts, and, in addition to these, the residence of the executioner, whose implements, the scaffold and gallows, and all their appurtenances were displayed outside. Three broad staircases led respectively to the Civil and Criminal Courts and to the cells. As regards these, one door afforded access to the prison reserved for nobility, another to that set apart for the lower orders. Over the last was a picture of the Virgin and Child.
With the Vicaria Vecchia had disappeared many a secret chamber and loathsome living tomb, the remains of Spanish barbarity. According to Celano, 4,000 human beings were at one time immured in these dens, but in the building as it now stands there would not be room for more than 1,500.
Many famous productions have cheered the solitude of these sombre walls. In one of these cells Antonio Sella wrote his first essay on political economy; in another Mattia Prete, the famous Calabrese painter, 1613-1699, was a prisoner and condemned to death. Him, however, the Viceroy reprieved in these graceful words: Vita excellens in arte non debet mori.
Even so late as 1859 the present writer has himself seen the eleven wire cages, swinging between the windows of the buildings, each containing human heads.
The horrors of the Vicaria have been fully dwelt upon here and elsewhere; but we may mention that, on the 22nd of November, Panizzi paid a second visit to the prison with the view of more fully examining certain matters which had either been omitted or superficially surveyed during his first inspection. We forbear, however, from entering further into the horrible details connected with the place, which deserved no better appellation than the one given to it by Mr. Gladstone—a very hell upon earth.
In December Panizzi took his departure for England. He was accompanied to the last by his never failing followers, the spies, who had comecome to do him the final kind office of seeing him on board. Signor Lacaita, who was also present to bid him adieu, took the liberty of asking them what they wanted and whom they were watching? Quel pezzo grosso (that big fellow), replied they, “and to see that he is safely off.”
In conclusion, an extract from a letter of Lord Shrewsbury’s, after Panizzi’s return, may possibly be read with interest:—
“Dear Mr. Panizzi,
... What a blessed thing it is that the Coup d’Etat answered so beautifully, and did not place you in the dilemma of either making an immense detour, or of journeying in the midst of those robbers and assassins, the Socialists and Rouges Republicans. One sees now why it was that Kossuth was so anxious to return in the Spring, and what sort of connection our friend Palmerston has made in his chivalrous efforts in endeavouring to promote the cause of national freedom in those nations that stood in need of it! Lamartine did not use a more revolutionary phraseology in his first address to the French Republic, when he announced that the Treaties of 1815 had ceased to exist, and that France “proclaimed herself the intellectual and cordial ally of every right, of every progress, of every legitimate developement of the institutions of nations which wish to live on the same principle as herself.”
Verily those two letters of Esterhazy and Battyani came most seasonably to blow out the Kossuth Bubble, and scatter it to the winds, shewing what an empty notion it was that Kossuth was working for the regeneration of Hungary! I never questioned the honesty or patriotic intentions of our illustrious Foreign Secretary, or that he ever fancied he was not pursuing the best and wisest policy. But it is now clear that he and Lamartine are men of the same school, and that their principles, when attempted to be carried into action under untoward circumstances, and at unseasonable times, will end in disappointment to those who profess them, and in infinite mischief to those in whose favour they are evoked. To no country will this apply more aptly than to that beauteous region from which you are just returned. Her hour is not yet come. She is wholly unfit for the change from Absolute to Constitutional liberty. She has no materials within herself for the new edifice. The Law of 19 in Sicily, and the Code Napoléon in her Continental States, have so utterly deranged the mechanism of her old feudal construction, and uprooted the foundations on which any solid structure could be raised, that it is as clear as it is in France that Socialism and Red Republicanism would turn up instead of a Limited Monarchy the moment you had set the elements at work. Nor had Louis Napoléon a better cause to shew for dissolving the National Assembly than had Ferdinand for sending his Chamber to their homes, and stopping them in the same wild and unprincipled career. One can only, therefore, now legitimately work for her social, not for her political regeneration. Municipal privileges are the only liberties, a good administration of the Law is the only phase of which she is susceptible. Any efforts you may make in these directions may tend to good, and if you and Palmerston will steadily pursue that object only, and by means suitable to their end, you may effect much for the happiness of the people, as well as for the security of the Throne.
Legion of Honour; Ecclesiastical Titles Bill; Serjeant Shee’s Bill; Concordat of 1855.
It was remarked of Panizzi, when in Italy as a proof of his general unobtrusiveness and lack of desire for distinction, that his visiting card bore only the simple inscription ‘Mr. Panizzi.’ As in early years his soul had been vexed by the mild constitutionalism of Parma and Modena, so in riper age he showed himself perversely antagonistic, not only to the sway of the King of Naples, but to every Government of Europe which bore in his eyes the slightest tinge of that especial object of his hatred—absolutism. Yet there were some, and amongst them one which would hardly have been accepted by Panizzi as the most disinterested supporter of liberty, that deemed this would-be liberator of the oppressed, this ex-Carbonaro, this revolutionary firebrand, worthy of notice, and even of some outward and visible sign of distinction and esteem. It was a real shock to his modesty when he was presented with the cross of the Legion of Honour by the President of the French Republic.
Letters to Lord Rutherfurd and to Mr. Haywood, which are subjoined, clearly show how surprised Panizzi was at this unexpected honour:—
“My dear Rutherfurd,
... I am in good health and happy, but for one thing that happened to me at Paris, where I dined at the President’s last Saturday, and who suddenly presented me with the Cross of Officer of the Legion of Honour! This makes me miserable. Keep this to yourself. At Naples things are worse than described by Mr. Gladstone.
“My dear Haywood,
I arrived here last evening in perfect health, and very happy to be back again. I dined on Saturday at the President’s at Paris, who (I must tell you how annoyed I am at it—it makes me miserable) suddenly presented me with the Cross of Officer of the Legion of Honour! Of course I could not say no, but hope to be forbidden accepting it. Meanwhile it makes me unhappy.
A second decoration, the Royal order of “Saint Maurice and Lazarus” of Sardinia, was presented to him a few years later, in December, 1855, in which year Victor Emmanuel visited London with Cavour. Of this last honour, considering by whom it was conferred, Panizzi may possibly have been prouder than of his first, but, with innate modesty, he forbore to ask the requisite permission to accept either, and preferred to remain almost to the end of an honourable life undecorated;—despising medals, orders, and unreal designations which, he well knew, could not add to his reputation.
In the year 1851, shortly after his return to England, there landed on these shores the bugbear of Popery in its most appalling form, which scared the natives of the island into a state of mind bordering on temporary imbecility. Those who remember the Papal Aggression[C] will also, with shame, remember the foolish fanaticism that burst forth in every quarter, the undignified terror of many who should have known better than to put so little confidence in their own cause, and the extravagant and senseless rumours with which the air was filled. To this unseemly panic Lord John Russell’s notorious Durham Letter materially contributed; but although there was no ground for alarm, there was, it cannot be denied, abundance of room for indignation. Many men of the most tried judgment and unquestionable moderation (albeit their voices were well nigh drowned in the general clamour), who treated the abrogation of the ancient sees by the Pope, and all other his bruta fulmina with the contempt they deserved, were, nevertheless, not disposed to sit down calmly under an insult to the Church and people of England, aggravated by the studied offensiveness with which it was offered. Such as these were the last, however, to see the necessity for, and did their best to oppose, the construction of such a steam-engine to crack a cockchafer as the notorious “Ecclesiastical Titles Bill.” Happily, this clumsy machine has been rarely, if ever, set in motion, and after some years of useless existence has, as all know, been finally broken up. It was impossible that Panizzi, as a moderate Roman Catholic, should have joined in the general outburst, or lent himself to swell the ranks of the crew around him. But he had been brought up in a country where the power of the priesthood has something of reality, and wherein the behests of the Pope are of a little more importance than they ever have been, or ever will be, in this realm. He was thoroughly imbued with that dislike and horror of clericalism which those of the Latin branch of the Church, when once they have broken free, yea, but a little, from the more rigorous bonds of their religion, seldom fail to show. It would be hard, then, to judge Panizzi severely, if he seems to have shared the alarm prevalent at the time, and to have betrayed some dread of the consequences of the Pope’s invasion of England. Let it be remembered, too, that he was an Italian before he was an Englishman; and that nothing could more effectually have roused his ire, than the insensate conduct of Pius IX., “the most foolish man,” as some one has well said of him, “that ever sat in the Papal chair.”
C. In a Consistory holden in Rome, 30th September, 1850, Pius IX. named fourteen new cardinals, of whom four only were Italians. Amongst the ten foreigners was Dr. Wiseman, at the time Vicar-Apostolic of the London district, who was at the same time nominated Lord Archbishop of Westminster. On the 27th of October following, Dr. Ullathorne was enthroned as Roman Catholic Bishop of Birmingham, in St. Chad’s Cathedral in that town. The same day a pastoral letter from Dr. Wiseman was read in all the Roman Catholic chapels of his See, and on its becoming generally known that all England had been parcelled out into Romish dioceses, the strongest indignationindignation was expressed throughout the empire.
With this apology for any seeming weakness, or extravagance, in Panizzi’s judgment of the Papal Aggression, the following letter on the subject is laid before the reader:—
“My dear Haywood,
I have written Kings and Popes, and I don’t see why what is there said does not apply to England. You say it is a Protestant country. The United Kingdom was Protestant before 1829, but I don’t see now how you can say it is Protestant. As to the Church of England, I am not sure that in point of numbers it exceeds much the Catholics, and as the latter are eligible to all offices and places, with one or two exceptions, as well as Protestants, I cannot understand why the events which have happened in other countries are not considered a precedent here. Suppose you had a Catholic Minister here—or, indeed, suppose a Catholic Peer or Member of Parliament was to be treated as Santa Rosa was in Piedmont, would not that be interfering in temporal affairs? And why should not, in the time and when the opportunity offer, an English Catholic be treated as the Piedmontese was for his conduct in political affairs. Of course, neither you nor I mind being refused the Sacrament or a burial in a consecrated place; but is it nothing that the family of a man who is himself indifferent to it should be harassed or distressed in this way? Is not the conduct of the Bishops at Thurles a serious interference with the power of the State? You seem to me to be of Roebuck’s opinion that nothing should be done, which astonishes me in a man of practical sense as you are. Show me a country where the interference of the Popes has not had to be checked, except the United States of America, and I do not suppose you are prepared, like Roebuck, to take all the consequences of such an exceptional precedent. Moreover, show me a country where the Pope has dared, of his own accord alone, to upset the old diocesan partition, and establish a new one, and appoint at once thirteen Bishops. The agitation shown at this moment is proof enough that the Pope and his supporters have an enormous power in this country.
Is England to depend on the bon plaisir of the Pope whether he will use or abuse that power? Do you think the Pope has acted against the wish of Austria and France in this business? Do you not see Austria giving up all the old principles of the Emperors to the Pope, in order to propitiate the support of the Church of Rome? Do you not see Montalembert supporting the French President who reinstated the Pope? Do you not see a war preparing against the Protestant cantons in Switzerland? Do you think that the conduct of the Pope against the King of Sardinia is wholly from religious motives? Did Wiseman come back from Rome by Vienna as the most direct way? I told you before the Catholic Emancipation that you would regret your trusting the priests, and you laughed then; that you should laugh now is astonishing. Depend upon it, you will find that the storm will not soon be over, and that your philosophers will learn at their own dear cost what the Papal Power is.
It is not such milk and water measures that will stop the torrent as those contemplated. England must prepare for a struggle of greater moment and importance than any in which she has been hitherto embarked. Keep this well in mind; it will not be over either in your time or mine.
Probably, Panizzi, before the day of his death, learnt to understand why the events in other countries should not be considered a precedent in this, and how the case of Santa Rosa would be hardly likely to occur in the British Parliament. His underestimate in this letter of the numerical superiority of the Anglican body to the Roman Catholics in England is manifestly due to his mixing up the three kingdoms together; a confusion especially misleading in any consideration of the Papal Aggression, inasmuch as that movement was not extended to Scotland (where, however, it has a short time since been carried out peaceably and quietly enough), and in Ireland the titles of the Romish prelates have been always the same with those borne by their rivals of what may be called, without offence, the Colonial Church.
More interesting, perhaps, than this letter, is another document put forth by Panizzi on the same matter; its length, we regret, must prevent us from offering it to our readers; however, he recommends a curious if not altogether original prophylactic against ecclesiastical invasion from abroad. His remarks on the foreign character assumed by an Englishman who takes Roman orders, and of the allegiance (it can hardly be called divided) by which he thereby becomes bound are remarkable. The remedy which he proposes for ecclesiastical defection from patriotism would be, if carried thoroughly into effect, a little too drastic; and, if used short of thoroughly, might work a little more to the disadvantage of those who applied it than of those on whom it should be inflicted.
It has been thought best, at the risk of interrupting the proper sequence in order of time of this history, to continue and finish in this place the account of Panizzi’s connection with and views on the Ecclesiastical questions which sprang up at home and abroad in his time. For this purpose a few years must be skipped, and the reader referred to the year 1854. Perhaps some apology should be offered for the introduction here of a correspondence in that year on Serjeant (afterwards Justice) Shee’s Bill on the Temporalities of the Irish Church, inasmuch as that Bill obtained but little notoriety at the time, and the Serjeant’s proposed reforms were never carried into effect by legislation. But the following letters bear witness to the variety of questions on which Panizzi was habitually consulted, and the frequency with which his opinions were sought by his friends and acquaintances, and it may be interesting to some to know what judgment he may have formed upon a point relating to the much vexed question of Irish Church property, a question which even yet remains to be thoroughly solved. Moreover, to those who knew Justice Shee, the tone of the letter first quoted may serve to recall the unaffected modesty and simplicity which distinguished the character of him who may truly be called one of the best of men:—
“Dear Mr. Panizzi,
Our conversation yesterday made me think that I might be, what I have always wished to be, useful in mitigating the evils which we regretted.
I have on the Order Book a Notice of a Motion for leave to bring in ‘A Bill to alter and amend the laws relating to the Temporalities of the Irish Church, and to increase the means of religious instruction and Church accommodation for Her Majesty’s subjects in Ireland.’
If I had not good grounds for knowing that it would give satisfaction to those whose just discontent at the existing state of things in Ireland is a material element in the weakness and the difficulty of all liberal Government, I would not propose it.
But I believe it would not only be acceptable to the Irish Catholic Church and people, but a durable and easily defensible, because a just and reasonable, settlement.
My notion of doing good with it is—by influencing public opinion in its favour—and my object would be in a great degree gained if, after a temperate explanation of my Bill from me, the Government would allow it to be read a first time as a thing not unworthy of consideration.
Will you oblige me by reading it?
And if you think it is of a nature to induce any friend of yours to change his opinion as to the unreasonableness of parties and persons on the question, you are quite at liberty to communicate it to him.
To this Panizzi answered thus:—
“My dear Sir,
I have read with the utmost attention the draft of Bill which accompanied your letter of yesterday. The subject is as important as it is difficult, and it is with the utmost diffidence that I venture to express an opinion on the practicability of your suggestions. I am afraid that any equitable proposal like yours would be resolutely resisted by the Church of England, not so much for what you propose doing now, but for the sake of the precedent you would establish. On the other hand, that section of the Catholics which is the most violent and noisy, and, therefore, I fear, the most influential in Ireland, would not be satisfied with the arrangement you propose, but would look upon it as the thin edge of the wedge, and an instalment only of what they think due to them.
I am afraid that the question of the Temporalities of the Church of Ireland is of such a nature that no moderate man can hope to settle it to the satisfaction of both parties, so long as either possesses any thing. The only way of settling it would be to take every farthing of property from them all, and paying them all alike; but this is what can never be done without a revolution.
There is a friend of mine to whom I should like to show your draft of Bill, and beg, therefore, to keep it two or three days for the purpose.
In the present state of public affairs, even if the Government were disposed to entertain the principle of your Bill (and this is supposing a great deal), I am afraid the Ministers will not consent to its being introduced during this session. Of this, however, I am even a worse judge than of the rest.
Lord John Russell’s opinion of the Bill was expressed no less decidedly, though a little more curtly than Panizzi’s:—
“I think, as you do, that the Serjeant’s Bill would have no chance in Parliament.
On the 18th of August, 1855, a Concordat between the Courts of Austria and Rome was signed. This compact, by which a great deal of the liberty of the Austrian Church was given up to the Papacy, caused much dissatisfaction. In 1868, it was virtually abolished by the Legislatures of Austria and Hungary. To none was it more distasteful than to Panizzi, in whom, as will have been already seen, there was a wholesome dread of the Roman Church (a dread not altogether unreasonable, when certain countries and Governments had to be taken into account), and this was strongly expressed in two letters from him to Mr. Gladstone and to Mr. Haywood respectively. In the last of these, it must be granted that Panizzi very accurately estimates the opposition likely to be offered by disunited Sceptics and Freethinkers, void of combativeness and enthusiasm, to the disciplined forces of the Pope and the Curia.
“My dear Sir,
... First of all, any Government agreeing to a Concordat on the ground discussed, the Civil Power is not paramount, but subject to the superior power of Rome. When Napoleon became King of Italy, he thought it right to ask the approval and confirmation of the sale of the Church property, by the Pope. It was at once granted; but when afterwards the State was going to dispose of one hundred millions of francs more of that property, the Pope protested, and argued that Napoleon himself, by asking the Papal sanction for past sales, acknowledged that no sale could be lawful without the consent of Rome.
In the second place, the Court of Rome makes a great distinction between a Treaty and a Concordat. The latter she looks upon, properly speaking, as a boon granted by the Head of the Church, to any inferior Civil Power who humbly sues for the favour.
I enclose you the first article of one of the most recent acts of this kind—the very one, in fact, which the Papal Court complains to have been broken by the Sardinian Government, by the Siccardi Law. In the third place, the Court of Rome does not consider herself bound to observe Concordats on her side.
First of all the general maxim of the Comitia is alleged, that ‘non juramenta sed perjuria potius dicenda sunt quæ contra utilitatem Ecclesiasticam attentantur.’
As the Church is the judge of the utility, being the highest power, they say, no oath or promise can be binding if against Ecclesiastical utility. Next in the matter of Concordats, the doctrine is explicitly taught that the Pope has the power to derogate to them.
I give you extracts from the works of a great Canonist, who states the pretensions of Rome to confute them; that, however, is another point: the point is what they at Rome affirm.
Now for the extracts. The first Article of the Convention between Gregory XVI. and Charles Albert, dated March 27th, 1841, runs thus:—‘Avuto riguardo alle circostanze de’Tempi, alle necessità delle private amministrazione della guistizia, ed alla mancanza de’mezzi corrispondenti dei Tribunali Vescovili, la Santa Sede non farà, difficoltà che i magistrati laici giudichino gli Ecclesiastici per tutti i reati che hanno la qualificazione di crimini.’ Ergo, the Santa Sede ‘può fare difficoltà’ if she chooses, and the Civil power by asking to be allowed to try a priest guilty of murder, for instance, acknowledges the right of the Holy See: Ergo, in altre circostanze, that same Santa Sede can make difficoltà. You need not my saying more. The Canonist who stated the doctrines of Rome on Concordat to refute them, is Schmidt (Anton), Professor of Canon Law at Heidelberg, in the last century, whose words are as follows:—
‘I.—Summum Pontificem Concordatis cum Natione germ, initis, derogare posse contendunt præter Authores Pontificios Branden.
‘II.—S. Pontifex, ajunt, summus Christi Vicarius, & jure divino habet dispensationem, ac plenissimam administrationem omnium bonorum ad quascunque Ecclesias pertinentium, consequenter ex plenitudine potestatis potest vel in totum, vel pro parte Concordata tollere.
‘III.—Concordata ceu Indulta ordinaria in favorem Germanorum admissa continent meram gratiam, non tam vim pacti, quàm privilegii, & sicuti privilegium revocari potest, ita in libera S. Pontificis remanet facultate, an iisdem stare, vel ab eis recedere velit.
‘IV.—Licèt coram Puteo dec. 47, dicantur habere vim contractûs, intelligendum hoc ex parte Germanorum, quòd vide licet illi non solum ex jure divino sint obligati ut Christiani ad parendum Rom. Pontifici, sed etiam ex speciali Concordia quasi in vim contractæ pacificationis inita, ut in omni judicio Germani sedi Apostolicæ rebelles minus forent excusabiles; si obedientiæ suavi jugo excusso, etiam pacta firmata violare præsumant, adeoque Concordata dicunt saltem negotium ex pacto, & privilegio mixtum.
‘V.—Id quod confirmatur etiam ex eo, quod S. Pontifex suam summam, & absolutam potestatem, quam a Christo accepit, de rebus Ecclesiæ, officiis, & beneficiis Ecclesiasticis disponendi a se abdicare non possit, quin semper penes se majorem adhuc retineat.
‘VI.—Successores succedunt jure singulari non universali, nempe jure Electionis, novo titulo, novo jure, & sic Nicolaus V. non potuit suis successoribus taliter legem imponere, quam ipsi de omnimoda necessitate tenerentur servare.’
(Thesaurus Juris Ecclesiastici sive Dissertationes Selectæ, &c., vol. 1, p. 339). Such doctrines ought to be known. Many Canonists, Catholics, have differed from them. I have never heard them condemned or disavowed at Rome; on the contrary, taught in the Universities in the Papal States.
“My dear Haywood,
And so you are not afraid of the influence of the Church because Scepticism and Infidelity prevail? It is because they prevail that I fear the Concordat. If the Protestants were animated by religious fanaticism, as they were some centuries ago, they would resist and prefer martyrdom to submitting to Rome; but Philosophy, and Scepticism, and Infidelity, and all that, are all negative qualities. They do not give strength and courage.
Do you think all the Sceptics and Infidels in the world would fight like the Waldenses, the Hussites, and the Germans under the King of Sweden?
Moreover, the number of Infidels and Sceptics is limited to the upper classes generally. What hold can they have on the ignorant masses, who have only in view the gallows in this world and hell in the next?
There were Infidels and Sceptics enough in Spain and Italy in the sixteenth century, and the united tyranny of the temporal and spiritual power kept Italy obedient to Rome.
It was towards the end of the reign of Louis XIV. that the French Protestants were obliged to submit.
Having now completed this ecclesiastical episode of Panizzi’s life, it behoves us to return to our interrupted narrative and to the relation of the results of his expedition to Italy, as well as his further action in the liberation of his suffering friends and countrymen.
Devising Means for Escape of Settembrini; Mode of Carrying on Correspondence; Senesi Collection; Mazza Affair; Loss of the ‘Isle of Thanet.’
No sooner had Panizzi arrived in London than he began devising means of escape from the dungeons of the Neapolitan Government for his unhappy friends. His first efforts were for the deliverance of Settembrini, in captivity at San Stefano, the relief of Poerio, more closely watched in an inland prison, being of secondary consideration. That the work was both arduous and hazardous may be conceived, and that as yet no very palpable improvement in the state of Naples had resulted, notwithstanding Panizzi’s exertions during his visit, may be gathered from a letter by Sir William Temple:
‘There is no appearance of any change in the police here, as the trial for the affair of the 15th May is conducted in a more illegal way than that of Poerio. The judge puts words into the witnesses’ mouths, or, at least, reads them their former depositions, and threatens them with punishment if they do not adhere to them.’
On the subject of poor Settembrini and his family, Panizzi wrote in these terms to Mr. Haywood:—