which I begged, on the part of your excellency, an explanation of the official note of the 28th of April.

"On review of the whole, no reason presented itself to his highness, to doubt how he should act, and your excellency also could not doubt of the result of so disagreeable a business. His highness nevertheless wished to hear the Council of State, in order to proceed with greater precision, and purposely let pass all that time he thought necessary, to see if your excellency, considering the business with a calm and unprejudiced mind, would recal your above-mentioned notes, and make a declaration con trary to their contents. This was his highness's wish, as the only means of saving the hard extremity to which he saw himself about to be reduced in defence of the crown. But as neither this hope, nor any other means remain, he has ordered me to send you, as I have the honour of doing, the usual passport for your leaving these kingdoms, and that he would proceed to the occupation of your temporalities in them.

"His highness, wishing to preserve to your excellency, notwithstanding all that has happened, the consideration due to your dignity and representation, and likewise desirous that your excellency should perform your voyage.comfortably and conveniently, has ordered, that the national armed frigate, the Sabina, should be prepared, as it is, to convey your excellency wherever you choose to proceed.

"At the same time I communicate to your excellency this resolution of his highness, I have the honour to offer to your excellency my sincere wishes to serve you with the most prompt and obsequious attention. God preserve your excellency many years.

"Cadiz, July 7, 1813.

"To the Nuncio of his Holiness."

"PEDRO LABRADOR."

Reply of the Nuncio to the Official Note from the Minister of Grace and Justice.

"EXCELLENT SIR-The Archbishop of Nicea, Nuncio from his Holiness, in reply to the official note of your excellency of the 23d, in which you state that his highness has not been satisfied with the conduct he has observed, respecting the inquisition, in regard to the letters he wrote on the occasion, cannot dispense with stating to your excellency, for the information of his highness, of his having believed himself to be in this circumstance, in duty and necessity obliged to do what he has done, in quality of legate from the Pope, and in the fulfilment and discharge of his ministry.

"Nobody ever more desired, or desires, the peace, tranquillity, and

prosperity of the kingdom; and it is entirely opposite to his character, both public and private, to meddle with any other affairs than those which belong to his legation; but he cannot plead ignorance for not doing what belongs to it; and where the object relates to ecclesiastical matters, he feels himself obliged to use every care, and hold that correspondence and communication which are so befitting his office. If this conduct causes his highness any discontent, he may immediately come to what deter'mination he pleases, under a conviction that it will be persevered in, believ ing that his conduct will merit the approbation of his holiness, and that, moreover, it will be a great satisfaction for him to know, that in defence of his representation, his legate views, with the utmost indifference, temporalities, imitating the disinterestedness of which he has given the whole world the most illustrious example.-God preserve you many years. "P. ARCHBISHOP OF NICEA,

"Cadiz, April 28, 1813.

"To his Excellency the Minister of Grace and Justice."

The next document is a NOTE from the Nuncio to Don Pedro Labra dor, Minister of State, expressing his surprise that the former communications had not been made through him, and inclosing copies of the preceding correspondence.

10

The answer to the above Note explains why the Minister of Grace and Justice, and not the Secretary of State, had been entrusted with the correspondence, and chiefly rests on the official note, not being a reply to the Nuncio's Memorial, which memorial it observes, could not be replied to, in consequence of not having been presented in the form prescribed by the uniform custom of all the cabinets of Europe, and concludes in these

terms:

"In compliance with the usual rule, therefore, the Regency of the kingdom has directed that I should reply to the answer transmitted by your excellency on the 28th of April, to the Minister of Grace and Justice, his highness has with pleasure heard that nobody has more desired, or desires, the peace, tranquillity, and prosperity of the kingdom, than your excellency; and that it is opposite to your public and personal character to meddle in other affairs than those of the legation.

"But your excellency adds, that you cannot avoid doing all that belongs to it, and where the object related to ecclesiastical affairs, feel yourself obliged to use every care, and hold that correspondence and communication which are so befitting your office. As those last clauses admit of more than one construction, your excellency will not be surprised that, by

order of his highness, I enter upon explanations respecting them, and intreat you to have the goodness to state what is the meaning your excellency affixes to them. His highness never has opposed, nor ever will oppose, the Nuncio of his holiness exercising the legitimate functions of his legation, nor his making the requisite applications to his highness, through the Minister of State. But if your excellency understands that your powers authorise you to practise equal or similar rules of action to those you have practised, and to hold correspondence such as you have held with the Bishop of Jaen, and the Chapters of Malaga and Granada, it is indispensable for your highness to state them. In a matter of such high importance the slightest doubt might cause serious evils, and nothing is more just than the wish of knowing the extent your excellency gives to your powers. I do not doubt but your excellency will have the goodness to give this explanation, which I request by order of his highness: in the mean time, I beg you to accept the sincere assurance of my particular and distinguished consideration.→ God preserve your excellency many years.

ANSWER of the Nuncio to the preceding Note from the Minister of State.*

"EXCELLENT Sin, The Archbishop of Nicea, Nuncio to his boliness, has received the esteemed letter which your excellency was pleased to transmit to him, of the date of the 5th, and proceeds without delay to the explanation which he desires, and requires of him by order of his highness.

"When ecclesiastical and religious affairs are discussed, which always have a connexion with the rights of his holiness, and have been often admitted and acknowledged, in an especial manner, by bulls, briefs, and solemn concordats, when a novelty is proposed to be introduced, the un dersigned considers himself bound, not only to remonstrate with propriety to the Government, through your excellency, but also to have communication with the Bishops, and Chapters in sede vacante, a communication indispensable for the receiving of their explanations, and to stimulate them to exact fulfilment of their respective duties, and of the oath which they took to him and his predecessors, to support, that is, to defend the rights of the Church and of the Holy Apostles. Such official communications, besides being necessary for the due discharge of the Ministry of a Nuncio, and still more of a legate a latere, a representative of his holiness, have The original is in Italian.

The

been authorized, and even consecrated by the practice of all churches in

all ages.

"To this sole object were directed the letters written by the under. signed Nuncio to the Bishop of Jaen, and to the Chapters of Malaga and Granada, in sede vacante; and as to enjoining them secrecy, that only meant that they should avoid publicity, and be careful to maintain order and tranquillity; any other interpretation is imaginary, inapplicable, and unfounded.

"If such ought to be the uniform conduct of a Nuncio in the discharge of his ministry, the undersigned requests your excellency to turn your at tention to the circumstances of the present case, in which the greater part of the Bishops residing in Cadiz have declared their sentiments, and given him to understand, that they hoped that he would, as legate to his holiness, take that part which he believed suitable to him. Ought he not to have remonstrated and made representation, and then to have given them advice of what he had done, that according to their prudence they might do what was right when he shewed them their respective obligations? Nor can it be presumed that the signature of the letters could occasion the slightest doubt whether they were written in quality of a private person, since according to the custom and constant practice they all bore the same signature of Archbishop of Nicea.

"The undersigned hopes that your excellency will at length perceive and acknowledge the genuine sense of the last clause of his letter; and he submitted to the profound discernment of your excellency, that in them, as well as in his declaration, he did what was incumbent on him from the duties of his ministry.

"The undersigned, ever desirous to contribute on his part to the public felicity, will be always ready to correspond with your excellency with respect to whatever your excellency may be pleased to communicate to him for the regulation of his conduct. He has now only to repeat, that with the most sincere and obsequious esteem he remains your excellency's most devoted and obedient servant,

"Cadiz, May 9.

"To the First Secretary of State of

his Catholic Majesty.

"The ARCHBISHOP OF NICEAN

NOTE from the Nuncio to the Secretary of State, complaining of the Minister of Grace and Justice.

"EXCELLENT SIR,-As the Archbishop of Nicea thought that the subject of certain letters had been considered by your excellency with the

utmost circumspection, he cannot understand with what motive it has again been brought before the public and the Cortes, by the Minister of Grace and Justice, who has besides advanced alarming propositions which endanger the authority of the Holy Father and his Nuncio.

"Your excellency is not ignorant with what sentiments of moderation the undersigned is animated, but he cannot but remonstrate to his highness on the unexpected conduct of the said Minister, who ought to know that the Cortes themselves have established the rule that diplomatic and ministerial affairs ought not to be discussed in public.

"The undersigned, therefore, requests your excellency to make a re. presentation to his highness that he would deign to apply a remedy to such an inconvenience which may give occasion to further insults, particularly from periodical writers, who, if they conceive themselves slighted by the undersigned, will not fail to impress on the public disadvantageous ideas of his conduct, and oblige him to take further steps repugnant to his feelings, though forced on him by imperious circumstances.

"The undersigned submits these reflections to the due consideration of your excellency, and with the most sincere and obsequious esteem repeats, that he is,

"Your most devoted, obedient servant,

"Cadiz, May 14.

"The ARCHBISHOP OF NICEA."

"To the Signor Don Pedro Labrador, First Secretary

of State to his Catholic Majesty."

This Note in the original is likewise in Italian.

REPLY from the Minister of State to the foregoing Note.

"EXCELLENT SIR, -I have given the Regency an account of the Note you were pleased to send me under date of the 14th inst. stating your complaints of the terms and expressions with which the Secretary for Grace and Justice had used in the general and extraordinary Cortes, when speaking of the letters written by your excellency in consequence of the decree abolishing the tribunal of the inquisition. His highness commands me to acquaint your excellency, that nothing is better known than that he cannot take cognizance of what passes in the Cortes; and that on the other hand, if the Minister for Grace and Justice had exceeded in speaking the bounds prescribed in the regulation of the same, he cannot doubt but his Majesty would have remedied any excess or affront which he might have observed in the words of the said Secretary.

VOL. II. [Prot. Adv. October 1813.]

C