a Se Dy 
718 
ingly they fubjected the holy fee, in the 
years 1787 and 1783, to two great mor- 
tifcations. The young Dutchefs of 
Maddaloni, of the illuftrious family of 
Carafa, and one of ‘the richeft houfes 
amons the Neapolitan nobility, had {ued, 
in the archiepifcepal tribunal of Naples, 
a divorce from her hufband, ob zaturalem 
tmpotentiam. Upon the fentence declar- 
ing the marriage void, the Duke pro- 
duced an appeal, which, according to the 
ancient cuftom, ought to have been re- 
moved to the court of Rome. The pe- 
dants, headed by the minifter of ecclefi- 
aftical affairs, prevailed on the court to 
forbid the removal of the law-fuit to 
Rome, and inftead of this to appoint 
fonie judge of the appeal within the 
kingdom. ‘The eleétion fell on Mon- 
feigneur Ortizi, bifhop of Tropea, in 
Calabria, who confirmed fhe fentence 
~ delivered by the archiepifcopal court of 
Naples. At the fame time his majefty 
abolifhed for ever the noted delivery of 
the white horfe to his holinefs, on St. 
Peter’s day, as a token of feudal vaffal- 
age to the holy fee. Upon the whole, 
the Neapolitan Sovernment was altogether 
right in both thefe reforms, as it was ab- 
furd that any law-fuit between his ma- 
jefty’s fubjeéts fhould be carried beyond 
the limits of the kingdom; and full as 
abfurd and difgraceful that the Neapolitan 
crown fhould remain obnoxicus to a feu- 
dal homage, introduced in dark ages, 
and continued through fubfequent centu- 
ries by the weaknefs and fuperftition of 
the court of Spain. His holinefs, how- 
ever, was ftill juftly offended at the 
way in which thefe reforms were con- 
ducied. Although it is.true that the 
State has the whole fupfemacy in eccle- 
fiaftical difcipline, within the compals 
of its dominions; it is true alfe, that no 
exifting law can be occafionally difpenfed 
with in favor of particular cafes. Had 
his Sicilian majefty repealed the exifting 
Jaw in a way approved of by the uni- 
‘verfal jurifprudence and commen fenfe of 
civilized nations, and enacted a new ge- 
neral one for any cafe in future, he 
would perhaps have given no ground for 
complaint ; but no mention being made of 
repeal, and the ancient law being ef courfe 
ftill prefumed to fubfift, the appointment of 
Bifhop Ortizi, and all his judicial tranf- 
‘actions, were little better than angaét of 
magiftracy fet up in open violation of 
the law. Nearly the fame overfight was 
committed with refpeét to the delivery of 
the white horfe. Had his Majefty faid, 
that the dignity of his crown did not 
Memoir’ of the Life of the late Pope, Pius VI. [O@ober, 
fuffer him to ratify and continue the dif- 
graceful homage paid by his predeceffors ; 
that his auguft father had, like m&iy be- 
fore him, conquered the kingdom by force 
of arms, and that it was unbecoming the 
condition of the apoftolic church to pres 
tend to any fovereignty over an inde- 
pendent government ;—he would certainly 
have met with the approbation of all Eu- 
rope, and prevented the neceflity of any 
remonftrance. from the court of Rome 
againft his conduét. Nothing of this 
kind took place: the over-ruling cabal of 
lawyers, canonifts and clerks, who main- 
tained the neceffity of reform, prevailed 
on the minifter for ecclefiaftical affairs to 
act and reafon in their own favourite way. 
‘They maintained, that the court of Rome 
had never poflefled fuch a right as para- 
mount fovereignty over the kingdom of 
Naples. 
Many fpeeches were made, and books 
and pamphlets publithed, on this occafion, 
by the chief individuals of the forenfic 
cabal, tending to prove, that the holy fee 
had never enjoyed a juft title or a lawfui 
pretenfion to this prerogative. The con- 
fequences of the queftion thus: agitated 
and erroneoufly difcuffed, became obvious ; 
the court of Rome produced twenty three 
original grants- conceded from time to 
time to the kings of Naples; and proofs 
of the annual delivery of a white horfe, 
in.token of fealty, for full feven centu- 
ries. The Neapolitan lawyers afierted 
the contrary, and rendered themfelves ri- 
diculous allover Italy ; for, as well might 
they have attempted to difpute a mathema- 
ticalaxiom. Cardinal Borgia, therefore, in 
his fubfequent refutation, juftly remarked, 
that nothing was better calculated te 
demonftrate the vight of the, Church than 
the Neapolitan publications on the fubjeé. 
His holinefs took, on fuch occations, the 
ftiep he thought proper. He iffued a fo- 
lemn proteftation againft the innovations 
lately made on the fovereignty of the 
holy fee over the kingdom of Naples, and 
ordered a copy of it to be delivered to 
each of the diplomatic body refiding im 
Rome ; and with retpeét to the law-fuit of 
the Dutcheis of Maddaloni, he fent - his 
internuncio in Naples two apoftolic bulls ; 
one of which was delivered to the Dutchefs 
herfelf, warning her of the infufficiency 
of the late judicial proceedings to juftify 
her fecond marriage, and if fuch an event 
took place, that it could be confidered in 
no other light than as an aét of adultery; 
the other containing a monitory for Bifhop 
Ortizi, who in fome judicial caufes had 
impioufly ufurped the rights of the holy 
fee, 
