(Translation.)

IT is the fact that the Palace of the Quirinal has constantly received, in the official language of the Roman Curia, the designation of "Apostolical Palace." This is not, however, a proof that that Palace belongs personally to the successor of the Apostles. Since the spiritual and temporal power have been amalgamated in the person of the Pope, the designation of " Apostolical" has been applied without distinction to institutions belonging to one or other of those powers. Thus, the administration of the domain of he Pontifical State has, under the Pontiffs, taken the name of "Camera Apostolica." For the same reason we find that numerous palaces at Rome, and in the Pontifical provinces, although only used for lay and profane purposes, bear the title of "Palazzi Apostolici."

It does not suffice to say that the Palace of the Quirinal is an Apostolical Palace to prove that it must be considered as an integral part of the ecclesiastical dotation of the Popes. On the contrary, in order to arrive at a serious and positive conclusion, the question must be approached in a more complete and decisive light. The true character and legal position of the Palace of the Quirinal must be sought for, both in the purposes to which it has been applied at different epochs, and in the circumstances relative to its foundation and its successive enlargements. Two palaces at Rome are more especially set apart for the exercise of the spiritual authority of the Holy Fathers-the Palace of the Lateran, and the Palace of the Vatican. The former of these two palaces, to which belong the most ancient and most venerated traditions of the Papacy, has been several times built and rebuilt, next to the Basilica of St. John Lateran. It is really the Palace of the Bishopric, or, to speak more correctly, of the Patriarchate of Rome. In the same way that the Church of St. John is called "caput urbis et orbis," the Palace of the Lateran was, up to a tolerably recent epoch, the seat of the Supreme Head of the Catholic Church. Still now it is in the Church of St. John that the Pontiff exercises personally, or through the medium of a vicar, the acts and functions of the episcopal power.

The Palace of the Lateran having become a less convenient residence, the seat of the Roman Pontiff was transferred to the Palace of the Vatican; and, at the same time, the episcopal functions of the Holy Father were transferred to the Church of St. Peter. From that day the acts of the Pontificate have generally borne the date "Apud Sanctum Petrum."

Besides the two principal residences of the Lateran and the Vatican, which bear the strictly ecclesiastical character of the Sees of the Bishops of Rome, the Pontiffs have had others which may have, by turns, been used for different purposes. The Palace which is now called the "Palazzo di Venezia" was formerly the residence of the Pontiffs. It is in that character of summer residence that the Palace of the Quirinal has replaced the Palace of Venice since the latter ceased to belong to the Pontifical domain. Naturally, the Acts promulgated by the Pontiffs during their sojourn in the summer residence, not being able to receive the date of "Apud Sanctum Petrum," have borne the date of "Apud Sanctum Marcum," as long as the summer residence was the Palace of Venice, and after that the date of "Apud Sanctum Mariam Majorem," which is the nearest Basilica to the Quirinal.

It is evident that, in the same way, that it was possible for the Palace of Venice to pass as a gift into the hands of a lay proprietor, there is with regard to it for character no reason against the Palace of the Quirinal being used for a civil purpose. There is, in fact, no reason that the Palace of the Quirinal should in this circumstance be considered in a different position to the Palace of Venice, the destination of which the Pontiffs themselves were able to change although it had during many years a position strictly identical with that which the Palace of the Quirinal has preserved down to our time. The fact that the conclaves have been held at the Quirinal since 1823 proves nothing. It is, in fact, certain that conclaves can meet no matter where, although according to strict regularity, they ought to be convoked in the Palace where the Pope has just died. On the other hand it is known that the Quirinal has been several times placed by the Pontiffs at the disposal of foreign princes; not very long since the Emperor Francis of Austria and Francis de Bourbon resided there.

The question becomes still clearer if it is examined with regard to the circumstances under which the Palace of the Quirinal was built. The revenues of the temporal principality of the Popes were managed by a single administration, the Apostolical Exchequer or Chamber (" Camera Apostolica"). This administration bore a positively lay character, and was connected directly and exclusively with the temporal power with

which the Popes were invested.* Things were already in this state at the time of the foundation of the Quirinal with this difference only. that, at this epoch, according to the testimony of Cardinal Toselli, the revenues of the Holy See belonged to three distinct categories:

1. The revenues of the Apostolical Chamber, that is to say, those which were collected by the officers of the Apostolical Chamber.

2. The revenues of the Exchequer which the officers of the Exchequer collected without the participation of the officers of the Apostolical Chamber.

3. The personal revenues of the Prince which were not under the management either of the officers of the Exchequer or of the officers of the Chamber.†

The two first categories of revenue are those which were later united under the sole management of the Apostolical Chamber, whilst the personal revenues which the Pope collects through the medium of the Chancery, the Datary's office and other ecclesiastical institutions have continued to be administered separately.

The management of the Apostolical Chamber was confided to the Cardinal Camarlengo, whose office is clearly defined in the Bull by which Pope Gregory XIII named Cardinal Guastavillani to that post. During his administration, and under the auspices of Pope Sextus V, the Apostolical Chamber undertook, by the acquisition of land and property belonging to the Carafa family on the Quirinal, the construction of the celebrated palace of that name. The Bull expressly says that the Cardinal Camarlengo is to watch over the collecting of the revenues, debts, and dues of the Chamber, audit its accounts of collection and payment, provide for the defence of the State, the administration of the army and navy, &c. The exclusively lay character of the Cardinal Camarlengo, and the administration he directs, could not be more clearly defined. For the same reason the Clerks of the Apostolical Chamber are called by Pius IV procurators of the patrimony of St. Peter, guardians and presidents of the property of the ecclesiastical State. These functionaries had this a jurisdiction extending to all the branches of the Chamber, and it may be said that it was through their channel that the Pontiff administered the temporal power.

Now we find that it was the officers of the Chamber who were concerned in the acquisitions, by means of which the construction of the palace of the Quirinal was

46

Gaetano Moroni, the greatest authority amongs tmodern writers in matters of Pontifical law, late first Aide of the Chamber (“ Ajutante di Camera ") of Gregory XVI, thus expresses himself in his Historical and Ecclesiastical Dictionary (Venice, 1840): The reverend Apostolical Chamber represents the public administration of the Pontifical State and of its treasury or 'erario; it is likewise called Pontifical Chamber (Camera Pontificia).” Cardinal de Luca, who wrote several works on this subject in the seventeenth century, affirms that "the Apostolical Chamber is considered as the Exchequer of a lay Prince without any admixture of ecclesiastical authority." (Johannis Baptista de Luca, S. R. E. Cardinalis, liber primus, "De Fundis et Bonis Jurisdictionalibus:" Romæ, MDLXX, p. 409.)

The same author is still more explicit in the following passage, in which he maintains that the Apostolical Chamber is the ensemble of the rents and dues which the different towns and provinces are bound to pay to the Prince who is the Head of the political body to which they belong:-" Atque ut tua cifferentia inter fiscum seu Cameram Apostolicam et annonam vobis clare dignosceretur, rogebar, deveniendo ad terminorum explicationem, subjungere quod sub fini seu Camera nomine veniunt illo bono et juro quæ competunt in universum principi seu ipsi reipublicæ ac principatui constituto, ex civitatibus, oppidis et locis in eo existentibus, quæ tamquam membra insimul concurrunt ad efformandum istud corpus universale, seu polyticum, cujus, juxta unam opinionem, ipse princeps est caput." (Liber secundus, "De Regalibus:" Romæ, MDCLIX, p. 148. "Discursus XIV ad Materiam Vestigalium.")

+"Redditus Camera Apostolicæ dicuntur illi qui jure ordinario percipiuntur per officiales Cameræ ; "Fiscales dicuntur qui per fisci officiales percipiuntur et non perveniunt ad manus officialium Cameræ Apostolicæ;

Principis sunt qui quasi ad eum ut proprium spectant, et non deveniunt ad manus officialium Cameræ neque fisci. ("Practicarum Conclusionum Juris in omni Foro frequentiorum; Dominici Cardinalis Tusci : " tomus i, Romæ, MDCL, p. 608, conclusio XV.)

In conferendis, &c. . proventus, pecunias, res et cætera omnia jura ejusdem Cameræ procurare, rationes impensorum et acceptorum habere, præsidiis et munitionibus omnibus præesse; ministros quoscumque in omnibus provinciis, civitatibus, et locis constituere et revocare, alios surrogare; militiam pro usu status et reipublicæ nostræ, ubicumque opus erit, instruere; milites conscribere, stipend a assignare, statuta condere, condita immutare." ("Bullarium Romanum," tomus xi, p. 1359. "Gregorii XIII, Constitutio CVIII. Concessio Officii Camerariatus S. R.E. Ill. et Rev. Phillippo Gastavillano."

§Cum inter cæteras, &c. cum autem officio clericatus dictæ Cameræ, quod in ipsa curia primarium existit, munus potissimum incumbat ejusdem Cameræ res rite recteque administrandi jura et redditus utiliter locandi, contractusque desuper neecssarios et opportunos ineundi, quorum occasione ipsi clerici Cameræ procuratores patrimonii Beati Petri rerumque omnium status ecclesiæ Romanæ hujusmodi custodes et præsides merito nuncupantur." ("Bullarium a Gregorio VII usque ad Sixtum V:" Romæ, 1586, p. 822. “Pii IV, Constitutio CX. Reformatio Cameræ Apostolicæ ejusque Officiatum.")

to the Reverend Apostolic Chamber, the jurisdiction of which is over all matters concerning the interests of the Chamber itself, leases, revenues of the Apostolic See, treasures of the ecclesiastical State, cases of community and of ecclesiastical fiefs, cases of chattels, cases of accounts with officers and ministers of the State on the coining and currency of money, cases of appeal from the surveyors of highways, over buildings and the rights of neighbours, matters of customs, duties, imposts, and others of the same kind." ("Relazione della Corte di Roma del Signore Cav. Girolamo Lunadoro:" Venezia, MDCLXXII, p. 42.)

undertaken, and that it was the Chamber itself, i.e., the public treasury, which bore the charges for it.

Sextus V, in consequence of the greater part of the officers of the Court being obliged to leave Rome during the summer on account of the great heat and insalubrity of the climate, ordered the Apostolic Chamber to buy the gardens and palace belonging to the Carafa family on the Quirinal. The Chamber, presided over by Cardinal Guastavillano, concluded the contract of sale at the price of 20,000 crowns, which the treasurer of the Chamber paid at Naples by means of a bili of exchange.

Some years later Paul V added to the palace of the Quirinal the convent of the Benedictines, which he took in exchange for the palace of the titular Cardinals of St. Mary in Trastevere. Thase latter were in their turn indemnified by an annual charge of 420 crowns on the treasury of the Chamber, i.e., the State. It is right to add that, the treasury of the Chamber being exhausted, the Pope, by a stroke of the pen, annulled the compensation which he had at first allowed.

The Treasurer of the Chamber, who was always one of the "chierici," had been authorized by an autograph of the Pope to proceed with the necessary contracts for the construction of the palaces, according to the designs of the architect. We find, in the agreements made with the master masons, that it was the Treasurer of the Chamber who engaged to pay the cost of the works.

The purchase of another neighbouring house having been considered necessary, "pro servitio palatii montis Quirinalis," the Pope Paul V ordered that it should be undertaken by the revenues of the Chambers. This Pontiff, on several different occasions, set about enlarging the Palace of the Quirinal, by similar contracts. It was by this means that the Palace of the Princes of Masserano, the house formerly belonging to the brotherhood of the Gonfalone, opposite the marble horses, several other houses situated on Monte Cavallo, the redemption of a ground-rent which one Tiberio Lancelotti held on one of the houses demolished, were obtained; and, finally, the Maffei Palace, and a small house of the De Ludovicio family. The cost of these contracts was always paid by the Chamber, or else it was converted into an annual charge under the form of "luoghi di Monte," on the same footing as the State securities. In every case it was the public treasury which bore the expenses for enlarging and embellishing the palace, in the same manner in which it had already borne the cost of construction.

It is, therefore, impossible not to admit that the palace of the Quirinal must be considered, from an historical as well as legal point of view, as lay property, forming part of the domain of the temporal principality of the Popes.

My Lord,

No. 109.

Sir A. Paget to Earl Granville.-(Received December 26.)

Florence, December 22, 1870. WITH reference to my despatch of the 19th instant, I have the honour to inclose a copy of a note which, in consequence of a further representation I have received from Mr. Jervoise, I have this day addressed to Signor Visconti Venosta, transmitting to his Excellency copy of another letter from Dr. O'Callaghan dated the 20th instant, protesting against the operation of the Decree enfranchising church property.

Mr. Jervoise has submitted a copy of Dr. O'Callaghan's letter to your Lordship in his despatch of the 21st instant, which I have this day received under flying seal

M. le Ministre,

Inclosure in No. 109.

I have, &c. (Signed) A. PAGET.

Sir A. Paget to M. Visconti Venosta.

Florence, December 22, 1870. WITH reference to the notes which I had the honour to address to your Excellency on the 7th and 9th instant, I inclose herewith copy of a further letter from the Rector of the English College at Rome, requesting that means may be taken to stay the proceedings of which notice has been given by a tenant under the College, who intends availing himself of the Royal Decree of the 17th ultimo, relative to the enfranchisement of church property.

It is my duty to call the attention of the Italian Government to these proceedings, which would appear to be at variance with the verbal assurances which I received from your Excellency that the property of foreign religious bodies would be respected.

(Extract.)

No. 110.

Sir A. Paget to Earl Granville.-(Received December 26.

Florence, December 22, 1870.

I HAVE the honour to inform your Lordship that the Bill giving force of law to the Royal Decree accepting the Roman plebiscite, and assuring guarantees, territorial immunities, and liberty and independence to the Sovereign Pontiff for the exercise of his spiritual functions, was yesterday adopted by the Chamber by a majority of 239 votes to 20.

(Extract.)

No. 111.

Sir A. Paget to Earl Granville.-(Received December 26.)

Florence, December 22, 1870. WITH reference to Mr. Jervoise's despatch of the 17th instant, relative to the seizure by the Italian authorities of the sum of upwards of 4,000,000 francs, being a portion of the Peter's Pence contributed for the private use of the Pope, I have the honour to report that Signor Sella spoke to me some time ago as if it had been his intention to restore it. I mentioned the subject this morning to Signor Artom, whose impression seemed to be that it had been restored, but he did not speak positively on the subject. I shall take an opportunity of making some further inquiries.

No. 112.

(Extract.)

Sir A. Paget to Earl Granville.-(Received December 26.)

Florence, December 24, 1870.

I HAVE the honour to inform your Lordship that the Bill concerning the transfer of the Capital to Rome was adopted yesterday in the Chamber of Deputies.

The first Article in the following terms:-" The Capital of the Kingdom is transferred to Rome," passed almost unanimously.

There was a good deal of discussion as to the period at which the transfer should take place, but finally the 30th of June, 1871, was carried by 205 votes to 119.

Sir.

No. 113.

Earl Granville to Sir A. Paget.

Foreign Office, December 28, 1870.

I APPROVE the note, of which a copy is inclosed in your despatch of the 19th instant, which you addressed to M. Visconti Venosta on the subject of British ecclesiastical property in Rome.

I am, &c.

(Signed)

GRANVILLE.

No. 114.

Earl Granville to Sir A. Paget.

Sir,

Foreign Office, December 28, 1870.

I APPROVE the note, a copy of which is inclosed in your despatch of the 22nd instant, in which you communicated to the Italian Government a copy of a letter from Dr. O'Callaghan protesting against the operation of the Decree for enfranchising Church property.

My Lord,

No. 115.

Earl Granville to Sir A. Paget.

Foreign Office, December 28, 1870. I APPROVE the language which you employed in speaking to M. Visconti Venosta on the subject of the spiritual independence of the Pope and the proceedings of the Italian authorities at Rome, as reported in your despatch of the 19th instant.

I am, &c.

My Lord,

Sir A. Paget to Earl Granville.-(Received January 4, 1871.)

Floren, December 30, 1870. I HAVE the honour to inclose an extract from the "Italie of last night giving a translation of a Circular addressed by Cardinal Antonelli to the Papal Representatives abroad. This document, dated as far back as the 17th of October last, has for object to refute what is stated in the Memorandum annexed to the Circular of the Italian Minister for Foreign Affairs of the 29th of August, relative to the negotiations alleged to have been attempted by the Italian Government with the view to placing their relations with the See of Rome on a more satisfactory footing. A copy of the Memorandum in question was inclosed in my despatch of 8th September last.

I have, &c.

Circular addressed by Cardinal Antonelli to Papal Nuncios abroad.

Illustrissime et Révérendissime Monseigneur,

Rome, le 17 Octobre, 1870. UNE Circulaire du 29 Août dernier, adressée par le Gouvernement Italien à ses Représentants à l'étranger, portait annexé un imprimé qui me fut confidentiellement communiqué et dont un exemplaire manuscrit est resté entre mes mains à la suite d'un circonstance tout-à-fait accidentelle. Dans ce document on fait l'historique des négociations qu'on prétend avoir été ouvertes entre le Gouvernement de Florence et celui de France, d'un part, et entre le Gouvernement de Florence et le Saint Siège de l'autre, relativement à ce qu'on est convenu d'appeler la question Romaine.

Dépourvu de toute donnée précise et formelle relativement aux prétendues négociations ouvertes avec la France, je ne saurais établir ce qui peut s'être passé sous ce rapport entre les deux Cabinets de Paris et de Florence, ni quelle confiance peuvent mériter les diverses assertions de l'imprimé dont il s'agit, ni quelle ordre d'idées a présidé aux propositions échangées entre les deux Gouvernements. Je ne pourrais me résoudre, toutefois, à croire que Sa Majesté l'Empereur des Français et son Gouvernement aient tenu la conduite qui leur est attribuée. Pendant que leur armée protégeait les droits du Saint Siége et empêchait la spoliation complète du Saint Père, pendant qu'ils protestaient de leur sollicitude pour la cause du Souverain Pontife et déclaraient hautement à la France et au monde Catholique qu'ils étaient fermement résolus à défendre, seuls envers et contre tous, le pouvoir temporel du Saint Siége, on prétend qu'ils auraient en même temps fait savoir à Turin qu'ils profiteraient de la vacance du Saint Siége, ou d'autres éventualités prochaines et imprévues, pour rappeler, sans des inconvénients, leurs troupes des Etats Pontificaux; que l'Italie, en attendant, devait tenir ouvertes ses négociations avec Rome, afin de faire tomber tous les torts sur le Saint Père; qu'on devait assurer la tranquillité dans le Royaume de Naples et agir sur l'opinion publique, et que le Gouvernement Français ne cesserait pas de se préoccuper de la question Romaine dans un sens tout-à-fait bienveillant et amical pour l'Italie.

Lors même que tout autre argument intrinsèque ferait défaut, il suffirait, pour me confirmer dans cette opinion, d'un fait qui est de notoriété publique; c'est que le Gouvernement Impérial refusa absolument de soumettre à l'approbation du Saint Siége le fameux projet élaboré par le Baron Ricasoli. Un autre fait également significatif, c'est que le Gouvernement Impérial s'opposa, par la nouvelle expédition de 1867, à l'invasion