The life and correspondence of Sir Anthony Panizzi, K.C.B., Vol. 2 (of 2): Late principal librarian of the British museum, senator of Italy, etc.Fagan, Louis
History
The life and correspondence of Sir Anthony Panizzi, K.C.B., Vol. 2 (of 2): Late principal librarian of the British museum, senator of Italy, etc.
Fagan, Louis
Panizzi, Anthony, Sir, 1797-1879
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.
“B. M., June 1st, 1855.
“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.
Public-domain text, read in full here on John Shaqi.
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