June 4th, 1830
Yesterday rode round the walls. In the evening to the Vatican, and afterwards to Bunsen’s. He gave me his memorandum to read, which is contained in a letter to Wilmot Horton of the 28th of December, 1828, upon the settlement of the Catholic question, and his view of the mode in which it might be done. He approves of Wilmot’s plan, not knowing at that time that the Duke had resolved to grant unqualified emancipation. In this paper he describes the existing arrangements between the other Protestant Powers and the Court of Rome, and states in what manner he thinks we might pursue a similar course. It is well done, and his ideas appear to me very clear and sound. It is pretty evident that we should meet with no difficulties here, and that they would practically agree to everything we should require, provided we did not insist upon their doing so in specific terms. Our difficulties would arise from the extreme parties at home—the ultra-Catholics and the ultra-Protestants—but a steady hand might steer betwixt them both. Bunsen describes what has been done in Prussia, Hanover, Netherlands, and the minor German States; the Prussian arrangements appear to be the wisest. When the King of Prussia began to negotiate, he did not allow his Ministers to enter upon any discussion of principles, nor to ask for any express sanction of the status quo. On the other hand he did not prescribe to the Church of Rome the canonical form in which an express or tacit acknowledgment of the claims and rights of the Crown was to be made as to the secularisation of Church property. The Netherlands went on a different plan, and framed a constitution of the Roman Catholic Church in their dominions, called a Pragmatic Sanction, which they wanted the Pope to acknowledge. The Hanoverian Government also wished to conclude a formal treaty, and oblige the Pope to sanction certain civil regulations concerning Church government. He observes that the Court of Rome will appear ignorant of, and thus tacitly acknowledge, many things which it never will nor can expressly sanction and approve.
Throughout Germany, both Catholic and Protestant, all correspondence between the clergy and the Pope goes through the Government by the law of the country—all matters public and private—the Pope’s bulls and briefs are returned in the same way; and whenever any of these contain expressions which run against the national laws, the placet regium is only given with clauses reserving the rights of the Crown, and annulling what is irreconcilable with the civil law. The Court of Rome is quite aware of this practice, and the legations of Bavaria and Austria, as well as those of Prussia and Hanover, present the respective petitions of their clergy through their Roman agents. Bunsen says nothing can be practically more established, PROTESTANT STATES AND ROME but that no consideration would induce the Pope formally to sanction the practice in a treaty.
In the arrangements respecting the appointment of bishops and dignitaries, Prussia proposed the establishment of chapters, with the same right of election which had existed before the French Revolution. The smaller States of Germany followed a similar plan. Hanover proposed and obtained a veto. The chapter presents a list; the Government strikes out any name, but must leave two, out of which the chapter may elect, but in case of irregularity or inconvenience the chapter may make a second list. The Netherlands have the same system of limited veto and second list, and the confidential brief in addition.10 The chapters have the right of election, the Pope of confirmation, by canonical institution as the necessary condition of the bishop’s consecration; but besides a confidential brief was agreed on desiring the chapter not to elect as bishop a person ‘minus gratam serenissimo regi;’ this ensures respect to the royal recommendation.
Notes
10 [These facts, originally suggested by Bunsen at Rome to Mr. Greville were afterwards used by him as the basis of his argument for the establishment of diplomatic relations with the Court of Rome in his book on the ‘Policy of England to Ireland,’ published in 1845.]