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“A popular orator he is, and of a by Mr. Whiteside, and of neither is high order; his age seems to be fifty, his account very flattering. The hand size a little above the middle stature, of the admirable reformer of Florence înclining to the muscular. Right elo

was wanted here, as indeed in most of quently did he harangue for three-quar

the other Italian states :ters of an hour, being the most easily understood by a foreigner, of all Italian speakers or preachers I ever heard. It

Ascending by a flight of steps, we must not be supposed the vigorous di

reached a lofty hall, where shabby peo. vine spoke without cessation; on the

ple walked to and fro. The judges had contrary, he wisely divided his discourse

not yet sat-I saw some men in coarse into compartments, and after an impe- gowns, who I supposed to have been tuous torrent of twenty minutes, re

beadles. About eleven o'clock there ceived by the audience in silent atten

was a rush towards the door-our guide tion, down he sat, and this was the sig

hastened forward, and we were soon in nal for an universal burst of coughing,

an oblong room ; opposite the entrance nose-blowing, and spitting, a practice

sat five judges in arm-chairs elevated most convenient-for in England, in the

on a raised floor; the man in the centre influenza months, a constant barking is

I concluded was a priest—all resembled maintained during the sermon, against

ecclesiastics in their dress : a large cruwhich the preacher can hardly bear up;

cifix stood on a table covered with green whereas in Italy, by a violent effort of

cloth. About a foot from the table was nature, all the disagreeable customs of

a ledge of wood running along the enthe people are repressed while the

tire room; behind this sat the advopreacher speaks, and explode when he

cates, whom I now saw were the men I stops. Padre Ventura arises with re

had mistaken for beadles. Their gowns newed vigour, and declaims, with unhe

were similar to those worn by our tipsitating fluency, a quarter of an hour,

staffs, the dress and appearance of the closing this part of his discourse with owners were unprepossessing in the an incentive to alms-giving ; when he

extreme; at the upper end of the room sits down, there is another fit of cough lounged a crier, who called on each case. ing, during which boys hand round bags

The pleadings were made up in little suspended to long poles, collecting ba

bundles of paper, which the advocates jocchi; every person gives a little. In held, and as his case was called each the same interval an indulgence was

counsel rose and spoke, and the cro proclaimed, on certain conditions to be chief-justice pronounced the rule, sel. performed the ensuing Sabbath. Il

dom consulting his learned brethren. Padre Ventura arises for the third time

These causes were disposed of quickly like a giant refreshed with sleep, and

enough, but the parties had their apsweeps onward in his course in a whirl- peal. There was a total absence of wind of declamation; the subject lastly dignity in the aspect of the court, judges, touched on inflames his eloquence—the

and practitioners; the room and its archurch—the ancient church-the only rangements were immeasurably inferior church-the infallible church-the true

to a London police office; yet this was church - the charitable church - the

a court of superior jurisdiction. Quitapostolic church-the falseness of all

ting this supreme court, we were conoiher churches_the dismal fate of here

ducted to the other civil tribunals. One tics and unbelievers—the joyful triumph

of these resembled a noisy court of conof the faithful, and those who, like the science; a single judge sat here without audience, believe in her. Suppressed dignity, and his judgments were resighs were just audible; the preacher ceived by a crowd of vulgar people, had done, the people were dismissed

who pressed round him without respect. with a benediction, they to an immorta

The jurisdiction of this inferior court lity of bliss through the church, all he

reached the amount of 200 scudi (each retics to eternal flames; the congrega

scudo 4s. 6d.), a considerable sum in tion seemed highly pleased with this po

Rome." sitive announcement of the judgment to be awarded in a future state by Al- Having then requested the advocate mighty God. Il Padre Ventura did all who accompanied them to lead them this admirably well, but if there be any- to the criminal court, thing in Italy more revolting to a Christian man than another, it is when he

“He showed us a closed door leading hears a coarse monk, with flippant bi

to a chamber, wherein a criminal cause gotry, sentence all mankind, not within was proceeding, but regretted he could the pale of his church, to eternal damna- not gratify our curiosity, inasmuch as tion."

he himself had no right of entrance.

The judges, the prisoner, his advocate, The legal tribunals of Rome and its

the procuratore fiscale prosecuting, and codes of jurisprudence are investigated the guard, were the only persons per

mitted to be present at the trial. No Little law had he then in his head, relative or friend of the accused dares

and less experience; but he fancied, to cross the threshold of the court-no

in his simplicity, that the word would part of the evidence, trial, or sentence,

be a panoply to a traveller, as an, can be published ; the proceedings of the criminal tribunals are wrapped in

nouncing that he was of a class pro. impenetrable mystery. Mr. Pakenham

verbially “wide awake," and on whom asked, within what time after his arrest padrone or vetturino should not run must a prisoner be tried ? The advo. a buck" with impunity. Soon, alas ! cate answered there was no time fixed,

he discovered his error-the simple nor any means of enforcing a trial; he “ rentier" took the lead of him on all admitted a prisoner might be from one occasions, and he found invariably to eight years in gaol, without being

cvery young puppy with the fore. brought before any legal tribunal. This shadowing of manhood on his upper gentleman was a stranger to us, until

lip, and a bit of red ribbon in his the day of our visit; he said nothing

button-hole, and calling himself count against the system of Roman Criminal

or captain, save the mark! go a-head Justice, he merely described it; we took our leave, having learned some

of him by a long chalk. But a bitthing, even by a first visit to the courts

terer humiliation was in store. An of justice in the Eternal City. I con

ill-favoured-looking fellow in Rome, fess the contrast between the meanness a courier, made overtures to him, of the judicial, and the excessive splen- which moved our friend's indignation dour of the ecclesiastical system, sur- to the utmost. He had been in the prised me. I had beheld the unrivalled service of some English “ eccelenza” grandeur of the church in Rome, its who had died. The fellow was under pompous ceremonies, splendid churches,

the delusion that he had left him a the gorgeous finery of its priests—in legacy, which the executor was not comparison, the courts of justice re

disposed to pay, and he had the hardisembled a barn or hay-loft, and its administrators were only on a level with

hood to propound certain questions to

our the humblest sacristans.”

avvocato," touching the law of

England as to such bequests, proposWith such a system of law, such ing to retire to a neighbouring" tratjudges, and such remuneration, is it toria,” and pay the fee in a " bottiglia to be wondered that the profession

del vino !"" Need we say how our which we look on as the highest and

friend acted ? The pride of brothermost honourable, should in Rome be

hood with “Roper on Legacies,” and esteemed a base pursuit. Yet so it

- Fearne on Contingent Remainders,” sustained him—he looked a thousand

" Littletons" at the rascal, and dis“ The advocate," observes Mr. White

missed him from his presence. side, “is seldom, if ever, admitted into

The criminal code of Gregory is a high society in Rome; nor can the melancholy contrast to that of Leoprinces (so called) or nobles compre- pold. Mr. Whiteside states it at hend the position of a barrister in Eng- length in a note, and gives the folland. They would as soon permit a lowing brief summary of its provi. facchino as an advocate to enter their palaces, and they have been known to ask with disdain (when accidentally ap- “ Secret trials ; suppression of names prised that a younger son of an English of witnesses and prosecutors ; refusal nobleman had embraced the profession of means of making defence against a of the law), what could induce his fa- charge alleged, it may be, by a private mily to suffer the degradation ? Priests, enemy; special commissions; torture of bishops, and cardinals, the poor nobles, the accused by personal interrogatories or their impoverished descendants, will in his prison; the code, barbarous as it become-advocates or judges, never." is, giving no definition of sedition or

treason, and leaving it to a court so This is a fact of which English bar

constituted, to condemn (upon an exristers have in general no idea, when

torted, or perverted answer) the un

fortunate accused to death." they first set out on their travels. Well do we recollect one fine sum. Such is the system, differing little mer's morning, when, entering Italy from its original, the Inquisition, unat the frontier near Domo d'Ossolo, der which thousands of the Roman a friend of ours “wrote himself down laity suffer—while, for the ecclesiasan ass,” by having attached to his tics, a milder trial and a lighter seupassport the suffix of “avvocato." tence is prescribed

is

sions :

While Mr. Geale reached Naples by adding, with all the proverbial volusea, Mr. Whiteside sought it by land, bility of their craft, their sweet voices travelling, of course, as far as Capua

to swell the general uproar. Here hunin the footsteps of Horace. Every- gry crowds stand impatiently round the body has read Horace, and knows

stalls of the maccaroni venders ; while

others collect round the stalls where what pleasant days and nights he made of it to Brundusium. We, therefore,

fried fish is sold.

Any description of Naples would be can scarcely pardon the introduction

incomplete that did not introduce the of the whole tour at this time of day, countless fiacres, cabriolets, and carneither do we feel surprise or gratifi- riages of all sorts, and the miserable cation at the novel intelligence, that animals that draw them, as well as the Velletri, Foro-Appio and Fondi were attempt to give an idea of the noise and the ancient Velletræ, Forum Appii, confusion of Naples, without taking and Fundi, or that Saint Paul stopped into account the cries and cracking of at “the Three Taverns."

the whips of their wild and ruthless The first impression which one re

drivers, as if their legs could not carry ceives of Naples and its motley people, is

them fast enough in the maddening pur

All such as Mr. Geale describes it; passing

suit of pleasure or excitement.

classes take to carriages, and whirl the charming isles of Procida and Ischia,

about from one end of the city to the the bay, one of the loveliest on earth, other, with a mad rapidity that is truly is entered ; Miseno, Pozzuoli, and astonishing—the nobleman, in his gaudy Posilipo are successively passed, "the carriage, and lackeys in tawdry livecountry-houses gleaming from amidst ries-officers in bright uniforms-priests orange groves and vineyards :"- in couples, and burly friars-broken

down soldiers and buffoons, and washer“ Naples itself, in all its glory, burst women and lazzaroni, all seem equally upon our view, in the clear light of an to regard carriage exercise as a thing autumnal morning, its churches and

essential to existence." palaces reflecting the rays of the sun, and the deep azure of the skies of the At Naples we have Mr. Whiteside blessed Campania.' Not a cloud was to at his old occupation, investigating the be seen, save those which rested on the

laws, and the mode of their adminissummit of Vesuvius ; and, turning for tration. All that is rational in the a moment from the gay and lovely city,

scheme of criminal law, dates from our regards became fixed on that black

1819. The preliminary proceedings, mountain, so deeply and fearfully associated with the history of this land and

preparatory to the public trial, though its inhabitants, the only dark and by no means comparable to those of threatening feature in the smiling and

Tuscany, are infinitely superior to the lovely scene before us.

barbarous provisions of the papal Gre“I thought London noisy, but com- gorian code, to which we have already pared with Naples, it is tranquillity alluded. The trial is public, as far as itself. In London, the population pour being accessible to the accused, his themselves along the great thorough friends and advisers—the prisoner may fares in a steady and continuous stream, select his advocate, or will have one and at regular periods-eastward, or

assigned him. The prosecutor and pricity-ways,' in the morning, and westward in the afternoon; and all wear the

soner exchange lists of their respective same occupied and business look ; but

witnesses, who are fully described; the vast and motley crowds of Naples

the evidence of parents and children, whirl about in groups like eddies, or

brothers and sisters, husbands and collect in crowds brought together by wives, paid informers, or defenders of the mere exigencies of their animal and the accused, who have, in that capavagabond existence. Here we come city, gained the knowledge of the facts, upon a mob collected round a showman, is excluded absolutely ; witnesses unscreaming and gesticulating with de- der fourteen are not sworn; nor is the light-yonder is a crowd listening to prisoner, though interrogated, bound some crack-brained and half-starved

to answer—the public prosecutor has poet, who is reading from a dirty manuscript his verses. A little further on,

the final reply, and then the judges

deliberate on the facts and the law in we come upon a group of fishermen, * i pescatori di Napoli,' who, with loud private. Each party has an appeal to cries, are launching their boats, or

the Supreme Court, giving notice bauling them in, while their wives are within three days. The punishments occupied selling their scaly prey, and are not severe, except for offences

VOL, XXXII.-NO. CXC.

2 F

against the church, which, as is usual in during the discussion of which sentiRoman Catholic countries, are dictated ments were uttered (in spite of repeated by a spirit of bigotry and intolerance, attempts to silence the speakers), that and deliberate murders and treason are

abundantly shewed the liberal tendenalone punished capitally. It is to be

cies of the public mind of Italy." regretted that the benefit of public trial is not accorded to any political of

Similar testimony is borne by Mr. fender. Ilis trial is secret, and publica- Whiteside. We are inclined, notwithtion of the procedure is not permitted, standing, to believe that as yet the and what becomes of the party is often principles of free trade, as understood unknown. The administration of civil

and now recognised in England, have justice in Naples is in a wretched con

made but small progress in Italy. Indition—there seems to be no public deed the diffusion of economical science, opinion to bear upon the political de.

or of any views which do not suit their cisions, which are capricious, and often rules, is still too rigorously restrained corrupt. An illustration is furnished

by the censorship of the press. by an advocate to Mr. Whiteside :

Mr. Whiteside had many opportuni

ties of seeing the present pontiff, both “I had two will cases lately, which

in private and public, and of forming exemplify this uncertainty. Having in

an estimate of his character as an indithe first instance to maintain the formal

vidual and a sovereign-a temporal execution of a will, I failed, and an ho

prince and a priest. He has given us nest man's will was set aside on a a few sketches of Pio Nono:trifling protest ; in one week after I bad a will to attach on the same identical “ His manner is frank, and even simgrounds, and failed again. Reminding ple. There is not the slightest tincthe judges of their own decision on the ture of pride or stateliness in his de. former case, they answered me by ob- portment; Pius IX., addressing his felserving, “ They were older and wiser low-men, utters, like a man of sense, men that week than they were the week what he really at the moment thinks before."

and feels. .

He is ** Why did you not print the two de- not what some would call dignified; he cisions in juxta-position?' I asked. appeared as if royalty sat awkwardly

Because we cannot here print a upon him; in appearance very unlike the law case in the civil courts without the portraits of Pius VI. The countenance, leave of the Minister of Justice, and he stout figure, and whole bearing of Pius will not grant leave when the judges de- IX. denote plain, vigorous seuse, resosire him to refuse it; thus you see what lution, and manliness of character, and a system ours is.'”.

true benevolence, more than refined or

polished taste, lofty dignity, royal pride, Both our tourists had the good for- or grandeur of thought. Strip him of tune to be present at the eighth congress

his robes of state, he never would be of the Italian Scienzati (somewhat si

mistaken for a subtle Jesuit or crafty milar to our Bristol Association), which

priest, but would pass all the world over met at Genoa, in September, 1846. If

for a sagacious, clear-headed, English

country gentleman. we may judge from the proceedings of

His true political character appears to this body, and the tone and sentiments

have been that of a benevolent sovereign, of the orators, we may hope better who wished to govern honestly, but abthings for Italy, and believe that the solutely ; to execute useful administraspirit of nationality, and the love of tive reforms, but retain all legislative free institutions, are yet too strong in authority in his single person ; to soothe their hearts to be repressed or extin- the laymen, but confine the honours and guished. In the appropriate sections, emoluments of the state to his orderevery subject of arts, science, and sta- the priesthood; to permit a liberty of tistics, were debated with ability and

discussion, saving from its influence all boldness :

corrupt institutions and the despotic character of the government ; to pre

serve without alteration all the obnox. “ One of the most interesting and ap- ious privileges of the sacred college, and propriate ceremonies of the week,” says the unlimited power of the popedom. Mr. Geale, “was the auspicious inaugu- Such do I believe to have been the true ration of the statue of Columbus; and, character of Pope Pius in things politiwhile attending one of the sections of cal.

With respect the University, I heard a resolution to the ecclesiastical character of Pius brought forward in favour of free trade, IX., he proved himself to be every inch a Pope. To all the prerogatives of the progress, in securing political liberty infallible head of the Church he laid can be achieved in the papal states claim ; to all the doctrines of the Church

while this anomaly continues. It is he rigidly subscribed ; its ceremonies he impossible to make the liberal instituscrupulously performed."

tions, which the enlightenment of the Of the abilities of Pius IX. as a po

age demands and the advancement litician, and the principles which quid. tions of Europe have attained to,

in political science which the free naed him in the important reforms which,

harmonise or consist with a system, from the commencement of his pontificate, have taken place in Rome, very

whose very foundation-stone is absoconflicting opinions are entertained.

lutism, which can admit of no modifi. Many concur with our author in the

cation, because it pretends to infallibelief, that he was a reformer more

bility. Pius IX. has tried it, but how

has he succeeded ? So far as popufrom the force of circumstances, than from a genuine love of liberal institu

lar liberty has been won or yielded, tions and a free people, so utterly at

it is an encroachment on the vital variance with all the policy and instincts

principle of the Papacy. To stand of the head of a priestly oligarchy.

still seems now impossible-progress is inevitable. Either the people will

press their victory, or the priest will “He was shouted,” says Mr. White- reassume his enslaving sway.

The side, “into popularity, without meaning latter is hard to accomplish–let us to be the assertor of liberty. The bit

hope for the former :-ter opposition he met with from some cardinals—his critical position—the circumstances of the times—the loud de. “ No future Pope," reflects Mr. Whitemands of his people—forced him onward side, “dare retrograde; if the rash atin a track, glorious, I admit, but which tempt to undo what has been done were I do not believe he meant originally to

made, the Pope and the Papacy would pursue. The good Pope forgot, when

forgot, when perish together. his oppressed subjects tasted the sweets

“ The elections have been held; deof partial freedom that they never would puties have been chosen ; the parliament be content with less than the entire has met, and already stormy discussions blessing, and that the acquisition of a

have taken place. little liberty the better enabled them to

“ 'The Jesuits have been expelled ; secure the whole."

and, I verily believe, had the Pope longer resisted the popular demand for a decla

ration of a war against Austria, he would We believe ourselves that Pius is

have been expelled also. a man of excellent intentions, though “What the future condition of the pawe do not think him vain or weak, as pacy may be, or what effect this free some assert; but his intentions can constitution may produce on the spirinever get fair play, even from himself. tual authority of the Pope, it is not easy The system, of which he is at the to prophesy. Some maintain the spihead, is anomalous and contrariant.

ritual power will be greater, and more Two antagonistic principles are at

respected and obeyed, when divested of work within it—the temporal and the

the arbitrary temporal power with which spiritual. The priest is ever thwart

it has been so long associated and de

filed. Others insist, the spiritual and ing the prince. The social happiness temporal authorities have been so long of the people over whom he is placed connected, that they cannot exist in full admonish him that liberty of action, independent action, separate and apart. toleration of thought, free institutions, I incline to the latter opinion ; the habit and a voice in the legislation, are the of examining and criticising the Pope's birth-right of men, and as needful to acts, as a temporal ruler, will lead to the their welfare as the air of heaven is to like practice in reference to his acts as a their bodily health ; but the infallible spiritual ruler; and reason may be applied head of an all-exacting church sanctions

to the consideration of his conduct in no freedom, tolerates no schisms, admits

both capacities alike. Moreover, how is

the Pope to enforce his spiritual edicts ? the rights of none, who are not invested with that infallibility, to share

Will the laity of Rome longer submit to

be imprisoned if they do not attend conin its counsels. So it has ever been,

fession? Most unlikely; and if the ceso it will ever be, till this union-not remonies of the Church cannot be enof God but of man-is rent asunder forced, what becomes of their value in once and for ever. No real permanent the eyes of the people? How long will

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