Lateran Treaty

Last updated

Lateran Treaty
Group of Vatican and Italian government notables posing at the Lateran Palace before the signing of the treaty.jpg
Holy See and Italian delegations prior to signing the treaty
TypeBilateral treaty
ContextEstablishment of Vatican City on the Italian peninsula
Signed11 February 1929 (1929-02-11) [1]
Location Rome, Italy
Effective7 June 1929
ConditionRatification by the Holy See and the Kingdom of Italy
SignatoriesEmblem of the Holy See usual.svg Pietro Gasparri
Flag of Italy (1861-1946) crowned.svg Benito Mussolini
PartiesEmblem of the Holy See usual.svg Holy See
Flag of Italy (1861-1946) crowned.svg  Italy
Language Italian

The Lateran Treaty (Italian : Patti Lateranensi; Latin : Pacta Lateranensia) was one component of the Lateran Pacts of 1929, agreements between Fascist Italy under Victor Emmanuel III and Benito Mussolini and the Holy See under Pope Pius XI to settle the long-standing Roman question. The treaty and associated pacts were named after the Lateran Palace where they were signed on 11 February 1929, [1] and the Italian Parliament ratified them on 7 June 1929. The treaty recognised Vatican City as an independent state under the sovereignty of the Holy See. Fascist Italy also agreed to give the Catholic Church financial compensation for the loss of the Papal States. [2] In 1948, the Lateran Treaty was recognized in the Constitution of Italy as regulating the relations between the Italian Republic and the Catholic Church. [3] The treaty was significantly revised in 1984, ending the status of Catholicism as the sole state religion.

Contents

Content

The Lateran Pacts are often presented as three treaties: a 27-article treaty of conciliation, a three-article financial convention, and a 45-article concordat; [4] however, the website of the Holy See presents the financial convention as an annex of the treaty of conciliation, considering the pacts as two documents: [5]

The treaty defines only part of the public funding of the Catholic Church in Italy.

History

Francesco Pacelli was the right-hand man to Pius XI's Secretary of State Pietro Gasparri during the Lateran Treaty negotiations Francesco Pacelli.jpg
Francesco Pacelli was the right-hand man to Pius XI's Secretary of State Pietro Gasparri during the Lateran Treaty negotiations
Territory of Vatican City State, established by the Lateran Accords Vatican City annex.jpg
Territory of Vatican City State, established by the Lateran Accords
Map of Vatican City Vatican City map EN.svg
Map of Vatican City

During the unification of Italy in the mid-19th century, the Papal States under Pope Pius IX resisted incorporation into the new nation, even as almost all the other Italian countries joined it; Camillo Cavour's dream of proclaiming the Kingdom of Italy from the steps of St. Peter's Basilica did not come to pass. The nascent Kingdom of Italy invaded and occupied Romagna (the eastern portion of the Papal States) in 1860, leaving only Lazio (Latium) in the pope's domains. Latium, including Rome itself, was occupied and annexed in 1870. For the following sixty years, relations between the Papacy and the Italian government were hostile, and the sovereign rights of the pope became known as the Roman question.

The Popes knew that Rome was irrevocably the capital of Italy. There was nothing they wanted less than to govern it or be burdened with a papal kingdom. What they wished was independence, a foothold on the earth that belonged to no other sovereign. [7]

Under the terms of the Law of Guarantees of 1871, the Italian government offered to Pius IX and his successors the use of, but not sovereignty over, the Vatican and Lateran Palaces and a yearly income of 3,250,000 Lire. The Holy See refused this settlement, on the grounds that the pope's spiritual jurisdiction required clear independence from any political power, and thereafter each pope considered himself a "prisoner in the Vatican". The Lateran Treaty ended this impasse.

Negotiations for the settlement of the Roman question began in 1926 between the Holy See and the Italian fascist government led by Prime Minister Benito Mussolini, and culminated in the agreements of the Lateran Pacts, signed—the Treaty says—for King Victor Emmanuel III by Mussolini and for Pope Pius XI by Cardinal Secretary of State Pietro Gasparri, [8] on 11 February 1929. [9] It was ratified on 7 June 1929. [10]

The agreements included a political treaty which created the state of the Vatican City and guaranteed full and independent sovereignty to the Holy See. The Pope was pledged to perpetual neutrality in international relations and to abstention from mediation in a controversy unless specifically requested by all parties. In the first article of the treaty, Italy reaffirmed the principle established in the 1848 Constitution of the Kingdom of Italy, that "the Catholic, Apostolic and Roman Religion is the only religion of the State". [11] The attached financial agreement was accepted as settlement of all the claims of the Holy See against Italy from the loss of temporal power over the Papal States in 1870, though the sum agreed to was actually less than Italy had offered in 1871. To commemorate the successful conclusion of the negotiations, Mussolini commissioned the Via della Conciliazione ("Road of the Conciliation"), which would symbolically link the Vatican City to the heart of Rome.

After 1946

The post-World War II Constitution of the Italian Republic, adopted in 1948, states that relations between the State and the Catholic Church "are regulated by the Lateran Treaties". [3] In 1984, the concordat was significantly revised. Both sides declared: "The principle of the Catholic religion as the sole religion of the Italian State, originally referred to by the Lateran Pacts, shall be considered to be no longer in force." [12] The exclusive state financial support for the Church was also ended, and replaced by financing through a dedicated personal income tax called the otto per mille , to which other religious groups, Christian and non-Christian, also have access. As of 2013, there were ten other religious groups with access.

The revised concordat regulated the conditions under which the state accords legal recognition to church marriages and to ecclesiastical declarations of nullity of marriages. [13] The agreement also ended state recognition of knighthoods and titles of nobility conferred by the Holy See, [14] the right of the state to request ecclesiastical honours for those chosen to perform religious functions for the state or the royal household, [15] and the right of the state to present political objections to the proposed appointment of diocesan bishops. [16] In 2008, it was announced that the Vatican would no longer immediately adopt all Italian laws, citing conflict over right-to-life issues following the trial and ruling of the Eluana Englaro case. [17] [ failed verification ]

Violations

The Italian racial laws of 1938 prohibited marriages between Jews and non-Jews, including Catholics: the Vatican viewed this as a violation of the Concordat, which gave the church the sole right to regulate marriages involving Catholics. [18] Furthermore, Article 34 of the Concordat had also specified that marriages performed by the Catholic Church would always be considered valid by civil authorities; [19] the Holy See understood this to apply to all marriages in Italy celebrated by Roman Catholic clergy, regardless of the faiths of those being married. [19]

See also

Notes

  1. The Italian state agreed to pay 750 million Lire immediately plus consolidated bearer bonds with a coupon rate of 5% and a nominal value of Lire 1,000 million. It thus paid less than it would have paid, Lire 3.25 million per annum, under the 1871 Law of Guarantees, which the Holy See had not accepted. [6]

Related Research Articles

<span class="mw-page-title-main">Holy See</span> Jurisdiction of the Vatican City, Bishop of Rome, and worldwide Catholic Church

The Holy See, also called the See of Rome, Petrine See or Apostolic See, is the central governing body of the Catholic Church and the Vatican City State. It encompasses the office of the pope as the bishop of the Apostolic episcopal see of Rome and serves as the spiritual and administrative authority of the worldwide Catholic Church and the city-state. Under international law, the Holy See holds the status of a sovereign juridical entity.

<span class="mw-page-title-main">Vatican City</span> Enclaved Holy Sees independent city-state

Vatican City, officially the Vatican City State, is a landlocked sovereign country, city-state, microstate, and enclave surrounded by, and historically a part of, Rome, Italy. It became independent from Italy in 1929 with the Lateran Treaty, and is a distinct territory under "full ownership, exclusive dominion, and sovereign authority and jurisdiction" of the Holy See, which is itself a sovereign entity under international law, maintaining the city-state's temporal power, governance, diplomatic, and spiritual independence. The Vatican is also a metonym for the pope, the Holy See, and the Roman Curia.

<span class="mw-page-title-main">Pope Pius XI</span> Head of the Catholic Church from 1922 to 1939

Pope Pius XI, born Ambrogio Damiano Achille Ratti, was the Bishop of Rome and head of the Catholic Church from 6 February 1922 to 10 February 1939. He also became the first sovereign of the Vatican City State upon its creation as an independent state on 11 February 1929. He remained pope until his death in February 1939.

<span class="mw-page-title-main">Concordat of 1801</span> 1801 agreement between France and Pope Pius VII

The Concordat of 1801 was an agreement between the First French Republic and the Holy See, signed by First Consul Napoleon Bonaparte and Pope Pius VII on 15 July 1801 in Paris. It remained in effect until 1905, except in Alsace–Lorraine, where it remains in force. It sought national reconciliation between the French Revolution and Catholics and solidified the Roman Catholic Church as the majority church of France, with most of its civil status restored. This resolved the hostility of devout French Catholics against the revolutionary state. It did not restore the vast Church lands and endowments that had been seized during the Revolution and sold off. Catholic clergy returned from exile, or from hiding, and resumed their traditional positions in their traditional churches. Very few parishes continued to employ the priests who had accepted the Civil Constitution of the Clergy of the revolutionary regime. While the Concordat restored much power to the papacy, the balance of church-state relations tilted firmly in Bonaparte's favour. He selected the bishops and supervised church finances.

A concordat is a convention between the Holy See and a sovereign state that defines the relationship between the Catholic Church and the state in matters that concern both, i.e. the recognition and privileges of the Catholic Church in a particular country and with secular matters that affect church interests.

<i>Reichskonkordat</i> Treaty negotiated between the Vatican and the emergent Nazi Germany

The Reichskonkordat is a treaty negotiated between the Vatican and the emergent Nazi Germany. It was signed on 20 July 1933 by Cardinal Secretary of State Eugenio Pacelli, who later became Pope Pius XII, on behalf of Pope Pius XI and Vice Chancellor Franz von Papen on behalf of President Paul von Hindenburg and the German government. It was ratified 10 September 1933 and it remains in force to this day. The treaty guarantees the rights of the Catholic Church in Germany. When bishops take office, Article 16 states they are required to take an oath of loyalty to the Governor or President of the German Reich established according to the constitution. The treaty also requires all clergy to abstain from working in and for political parties. Nazi breaches of the agreement began almost as soon as it had been signed and intensified afterwards, leading to protest from the Church, including in the 1937 Mit brennender Sorge encyclical of Pope Pius XI. The Nazis planned to eliminate the Church's influence by restricting its organizations to purely religious activities.

A prisoner in the Vatican or prisoner of the Vatican described the situation of the pope with respect to the Kingdom of Italy during the period from the capture of Rome by the Royal Italian Army on 20 September 1870 until the Lateran Treaty of 11 February 1929. Part of the process of the unification of Italy, the city's capture ended the millennium-old temporal rule of the popes over Central Italy and allowed Rome to be designated the capital of the new nation. Although the Italians did not occupy the territories of Vatican Hill delimited by the Leonine walls and offered the creation of a city-state in the area, the popes from Pius IX to Pius XI refused the proposal and described themselves as prisoners of the new Italian state.

<span class="mw-page-title-main">Lateran</span> Location in Rome

Lateran and Laterano are names for an area of Rome, and the shared names of several buildings in Rome. The properties were once owned by the Lateranus family of the Roman Empire. The Laterani lost their properties to Emperor Constantine who allegedly gave them to the Bishop of Rome though this traditional report has been most likely based on the document Donation of Constantine which has been proven to be a forgery.

<span class="mw-page-title-main">Pietro Gasparri</span> Italian Catholic cardinal, diplomat, and politician (1851–1934)

Pietro Gasparri was a Roman Catholic cardinal, diplomat and politician in the Roman Curia and the signatory of the Lateran Pacts. He served also as Cardinal Secretary of State under Popes Benedict XV and Pope Pius XI.

<span class="mw-page-title-main">Roman question</span> Former political dispute between Italy and the Papacy

The Roman question was a dispute regarding the temporal power of the popes as rulers of a civil territory in the context of the Italian Risorgimento. It ended with the Lateran Pacts between King Victor Emmanuel III of Italy and Pope Pius XI in 1929.

The Concordat of 1953 was the last classic concordat of the Catholic Church, signed on 27 August 1953 by Spain with the Vatican. Together with the Pact of Madrid, signed the same year, it was a significant effort to break Spain's international isolation after World War II.

<span class="mw-page-title-main">Capture of Rome</span> Final event of Italian unification (1870)

The Capture of Rome occurred on 20 September 1870, as forces of the Kingdom of Italy took control of the city and of the Papal States. After a plebiscite held on 2 October 1870, Rome was officially made capital of Italy on 3 February 1871, completing the unification of Italy (Risorgimento).

Capital punishment in Vatican City was legal between 1929 and 1969, reserved for attempted assassination of the Pope, but has never been applied there. Executions were carried out elsewhere in the Papal States, which was the predecessor of the Vatican City, during their existence.

<span class="mw-page-title-main">Holy See–Italy relations</span> Bilateral relations

Holy See–Italy relations are the special relations between the Holy See, which is sovereign over the Vatican City, and the Italian Republic.

<span class="mw-page-title-main">Francesco Pacelli</span> Italian lawyer

Francesco Pacelli, Noble of Acquapendente and Noble of Sant'Angelo in Vado, was an Italian lawyer and the elder brother of Eugenio Pacelli, who would later become Pope Pius XII. He became a lay canon lawyer and the legal advisor to Pope Pius XI, acted as a legal advisor to Pope Pius XI; in this capacity, he assisted Cardinal Secretary of State Pietro Gasparri in the negotiation of the Lateran Treaty in 1929 with Benito Mussolini, which established the independence of Vatican City, bringing an end to the Roman Question.

General elections were held in Italy on 26 March 1934. At the time, the country was a single-party state with the National Fascist Party (PNF) as the only legally permitted party.

The legal status of the Holy See, the ecclesiastical jurisdiction of the Catholic Church in Rome, both in state practice and according to the writing of modern legal scholars, is that of a full subject of public international law, with rights and duties analogous to those of states.

Pietro Tacchi Venturi was a gay antisemite Jesuit priest and historian who served as the unofficial liaison between Benito Mussolini, the Fascist leader of Italy from 1922 to 1943, and Popes Pius XI and Pius XII. He was also one of the architects of the 1929 Lateran Treaty, which ended the "Roman Question", and recognized the sovereignty of Vatican City, which made it an actor of international relations. A claimed attempt to assassinate Venturi with a paper knife, one year before the treaty's completion, made headlines around the world. Venturi had begun the process of reconciliation by convincing Mussolini to donate the valuable library of the Palazzo Chigi to the Vatican.

The Law of Guarantees, sometimes also called the Law of Papal Guarantees, was the name given to the law passed by the senate and chamber of the Parliament of the Kingdom of Italy, 13 May 1871, concerning the prerogatives of the Holy See, and the relations between state and church in the Kingdom of Italy. It guaranteed sovereign prerogatives to the pope, who had been deprived of the territory of the Papal States. The popes refused to accept the law, as it was enacted by a foreign government and could therefore be revoked at will, leaving the popes without a full claim to sovereign status. In response, the popes declared themselves prisoners of the Vatican. The ensuing Roman Question was not resolved until the Lateran Pacts of 1929.

Events in the year 1929 in Vatican City.

References

  1. 1 2 "Vatican City turns 91". Vatican News. 11 February 2020. Retrieved 2 September 2021. The world's smallest sovereign state was born on February 11, 1929, with the signing of the Lateran Treaty between the Holy See and the Kingdom of Italy
  2. A History of Western Society (Tenth ed.). Bedford/St. Martin's. 2010. p. 900.
  3. 1 2 Constitution of Italy, Article 7.
  4. Multiple sources:
  5. Pacts between the Holy See and the Kingdom of Italy, 11 February 1929.
  6. Multiple sources:
  7. Vatican Journal, p. 59 (entry dated June 14, 1931).
  8. Kertzer, Prisoner of the Vatican, p. 292
  9. Rhodes, The Vatican in the Age of the Dictators, p. 46
  10. The National Encyclopedia, Vol. 10, p. 266
  11. "Patti lateranensi, 11 febbraio 1929 - Segreteria di Stato, card. Pietro Gasparri". www.vatican.va.
  12. "Agreement between the Italian Republic and the Holy See (English translation)" (PDF). The American Society of International Law. Archived (PDF) from the original on 22 September 2020. Retrieved 2 September 2021.
  13. Article 8 of the revised concordat
  14. Articles 41–42 of the 1929 concordat
  15. Article 15 of the 1929 concordat
  16. Article 19 of the 1929 concordat
  17. Elgood, Giles (31 December 2008). "Vatican ends automatic adoption of Italian law". Reuters . Archived from the original on 9 March 2021. Retrieved 9 January 2009. The Vatican will no longer automatically adopt new Italian laws as its own, a top Vatican official said, citing the vast number of laws Italy churns out, many of which are in odds with Catholic doctrine.
  18. Zuccotti, 2000, p. 37.
  19. 1 2 Zuccotti, 2000, p. 48.

Sources

Archival sources