ORIGINAL TEXT IN ITALIAN
INTER SANCTAM SEDEM ET ITALIAE REGNUM
CONVENTIONES
INITAE DIE 11 FEBRUARY 1929
____________
TREATY BETWEEN THE HOLY SEE AND ITALY
AGREED BETWEEN THE HOLY SEE AND ITALY
MINUTES OF THE EXCHANGE OF RATIFICATIONS , 7 June 1929
(The Treaty between the Holy See and Italy signed on 11 February 1929 was published in Acta Apostolicae Sedis n. 6 of 7 June 1929. It is accompanied by the following four Annexes: Map of the territory of the Vatican City State; List and plan of buildings with extraterritorial privilege and with exemption from expropriations and taxes; Financial agreement. The document, drawn up by Cardinal Pietro Gasparri and the Italian Prime Minister Benito Mussolini, was to be subjected to ratification by the Supreme Pontiff and the King of Italy .)
TREATY BETWEEN THE HOLY SEE AND ITALY
IN THE NAME OF THE HOLY TRINITY
Given that:
That the Holy See and Italy have recognized the expediency of eliminating any reason for disagreement existing between them by reaching a definitive settlement of mutual relations, which is in accordance with justice and the dignity of the two High Parties and that, while ensuring The Holy See in a stable manner a condition of fact and law which guarantees you absolute independence for the fulfillment of your high mission in the world, allows the Holy See itself to recognize the “Roman question” as definitively and irrevocably settled, born in 1870 with the annexation of Rome to the Kingdom of Italy under the dynasty of the House of Savoy;
That, in order to assure the Holy See absolute and visible independence, to guarantee it an indisputable sovereignty even in the international field, the need was recognized to establish, in particular ways, the Vatican City, recognizing the full ownership of the same to the Holy See and exclusive and absolute sovereign power and jurisdiction;
His Holiness the Supreme Pontiff Pius XI and His Majesty Vittorio Emanuele III, King of Italy, have resolved to stipulate a Treaty, appointing two Plenipotentiaries to this effect, that is, on the part of His Holiness, His Eminence Most Reverend Cardinal Pietro Gasparri, His Secretary of State, and on behalf of His Majesty, His Excellency Mr. Cavaliere Benito Mussolini, Prime Minister and Head of Government; who, having exchanged their respective full powers and finding them in good and due form, have agreed in the following Articles:
Art. 1
Italy recognizes and reaffirms the principle consecrated in article 1 of the Statute of the Kingdom of 4 March 1848, according to which the Catholic, apostolic and Roman religion is the only religion of the state.
Art. 2
Italy recognizes the sovereignty of the Holy See in the international field as an inherent attribute of its nature, in conformity with its tradition and the demands of its mission in the world.
Art. 3
Italy recognizes the Holy See full ownership and exclusive and absolute sovereign power and jurisdiction over the Vatican, as it is currently constituted, with all its appurtenances and endowments, thus creating the Vatican City for special purposes and with the modalities referred to in this Treaty. The boundaries of said City are indicated in the Map which constitutes Annex I of this Treaty, of which it forms an integral part.
It is also understood that St. Peter’s Square, although part of the Vatican City, will continue to be normally open to the public and subject to the police powers of the Italian authorities; which will stop at the foot of the staircase of the Basilica, although this continues to be intended for public worship, and will therefore refrain from mounting and accessing the Basilica, unless they are invited to intervene by the competent authority.
When the Holy See, in view of particular functions, believes that it will temporarily remove St. Peter’s Square from free public transit, the Italian authorities, unless invited by the competent authority to remain, will withdraw beyond the lines. exterior of Bernini’s colonnade and their extension.
Art. 4
The sovereignty and exclusive jurisdiction that Italy recognizes to the Holy See over the Vatican City implies that no interference by the Italian Government can take place in it and that there is no authority other than that of the Holy See.
Art. 5
For the execution of what is established in the previous article, before the entry into force of this Treaty, the territory constituting the Vatican City must be, by the Italian Government, made free from any constraint and from any occupiers. The Holy See will close the entrances, enclosing the open parts, except for St. Peter’s Square.
On the other hand, it remains agreed that, as far as the buildings existing therein, belonging to religious institutes or bodies are concerned, the Holy See will directly regulate its relations with these, disregarding the Italian State.
Art. 6
Italy will ensure, by means of the necessary agreements with the entities concerned, that the Vatican City is ensured an adequate supply of owned water.
It will also provide for communication with the state railways through the construction of a railway station in the Vatican City, in the location indicated in the attached Map (Annex I) and through the circulation of the Vatican’s own vehicles on the Italian railways.
It will also provide for the connection, also directly with other States, of telegraphic, telephone, radio-telegraphic, radio-telephone and postal services in the Vatican City.
Finally, it will also coordinate the other public services.
All of the above will be provided at the expense of the Italian State and within one year from the entry into force of this Treaty.
The Holy See will arrange, at its own expense, the arrangement of the already existing Vatican entrances and of the others that it later believes to open.
Agreements will be made between the Holy See and the Italian State for the circulation in the territory of the latter of land vehicles and aircraft of the Vatican City.
Art. 7
In the area around the Vatican City, the Italian Government undertakes not to allow new buildings, which constitute introspection, and to provide, for the same purpose, for the partial demolition of those already existing from Porta Cavalleggeri and along the Via Aurelia and Viale Vaticano. .
In accordance with the rules of international law, it is forbidden for aircraft of any kind to fly over the territory of the Vatican.
In Piazza Rusticucci and in the areas adjacent to the colonnade, where the extraterritoriality referred to in art. 15, any building or road changes, which may affect the Vatican City, will be made by mutual agreement.
Art. 8
Italy, considering the person of the Supreme Pontiff sacred and inviolable, declares the attack against him and the provocation to commit it punishable with the same penalties established for the attack and the provocation to commit it against the person of the King.
Public offenses and injuries committed in the Italian territory against the person of the Supreme Pontiff with speeches, facts and writings are punished as offenses and injuries to the person of the King.
Art. 9
In accordance with the norms of international law, all persons with permanent residence in the Vatican City are subject to the sovereignty of the Holy See. This residence is not lost by the simple fact of a temporary residence elsewhere, not accompanied by the loss of the residence in the City itself or by other circumstances proving the abandonment of said residence.
By ceasing to be subject to the sovereignty of the Holy See, the persons mentioned in the previous paragraph, if under the terms of Italian law, regardless of the factual circumstances, provided above, they are not to be considered as having another citizenship, they will certainly be considered citizens in Italy. Italians.
The persons themselves, while they are subject to the sovereignty of the Holy See, will be applicable in the territory of the Kingdom of Italy, even in matters in which personal law must be observed (when they are not regulated by norms issued by the Holy See), those of legislation Italian, and in the case of a person who is to be considered as having another citizenship, those of the State to which he belongs.
Art. 10
The dignitaries of the Church and persons belonging to the Pontifical Court, who will be indicated in a list to be agreed between the High Contracting Parties, even when they were not citizens of the Vatican, will always and in any case with respect to Italy be exempt from military service, from jury and any personal performance.
This provision also applies to permanent officials declared by the Holy See indispensable, permanently assigned and with fixed salary to the offices of the Holy See, as well as to the dicasteries and offices indicated below in articles 13, 14, 15 and 16, existing outside the Vatican CITY. These officials will be indicated in another list, to be agreed as stated above and which will be updated annually by the Holy See.
Ecclesiastics who, for reasons of office, participate outside the Vatican City in the enactment of the acts of the Holy See, are not subject for their reason to any impediment, investigation or harassment by the Italian authorities.
Every foreign person invested with an ecclesiastical office in Rome enjoys the personal guarantees competent to Italian citizens by virtue of the laws of the Kingdom.
Art. 11
The central bodies of the Catholic Church are exempt from any interference by the Italian State (except for the provisions of Italian laws concerning the purchase of moral bodies), as well as from the conversion of real estate.
Art. 12
Italy recognizes the Holy See the right of active and passive legation according to the general rules of international law.
The envoys of foreign governments to the Holy See continue to enjoy in the Kingdom all the prerogatives and immunities, which are due to diplomatic agents under international law, and their offices may continue to remain in the Italian territory enjoying the immunities due to them under the international law, even if their states do not have diplomatic relations with Italy.
It is understood that Italy undertakes to always and in any case leave free correspondence from all States, including belligerents, to the Holy See and vice versa, as well as the free access of Bishops from all over the world to the Apostolic See.
The High Contracting Parties undertake to establish normal diplomatic relations among themselves, by accrediting an Italian Ambassador to the Holy See and a Papal Nuncio to Italy, who will be the Dean of the Diplomatic Corps, in terms of customary law recognized by the Congress of Vienna with act of 9 June 1815.
As a result of the recognized sovereignty and without prejudice to the provisions of the following art. 19, the diplomats of the Holy See and the couriers sent in the name of the Supreme Pontiff enjoy in the Italian territory, even in times of war, the same treatment due to the diplomats and couriers of the cabinet of other foreign governments, according to the norms of international law.
Art. 13
Italy recognizes the Holy See full ownership of the patriarchal basilicas of San Giovanni in Laterano, Santa Maria Maggiore and San Paolo, with the annexed buildings (Annex II, 1, 2 and 3).
The State transfers to the Holy See the free management and administration of the said Basilica of San Paolo and the adjoining Monastery, also paying to the Holy See the capitals corresponding to the sums allocated annually in the budget of the Ministry of Public Education for the said Basilica.
It is also understood that the Holy See is free owner of the dependent building of S. Callisto at S. Maria in Trastevere (Attachment II, 9).
Art. 14
Italy recognizes the Holy See full ownership of the pontifical palace of Castel Gandolfo with all the endowments, connections and dependencies (Annex II, 4), which are now already in the possession of the Holy See itself, and undertakes to sell them, likewise in full ownership, delivering it within six months of the entry into force of this Treaty, the Villa Barberini in Castel Gandolfo with all the equipment, connections and dependencies (Attachment II, 5).
To integrate the ownership of the properties located on the north side of the Gianicolense Hill belonging to the Sacred Congregation of Propaganda Fide and to other ecclesiastical institutes and facing the Vatican palaces, the State undertakes to transfer to the Holy See or to the entities that will be indicated by it the buildings owned by the State or by third parties existing in that area. The properties belonging to the said Congregation and to other Institutes and those to be transferred are indicated in the attached Map (Annex II, 12).
Finally, Italy transfers to the Holy See in full and free ownership the former convent buildings in Rome annexed to the Basilica of the Santi XII Apostoli and to the churches of Sant’Andrea della Valle and San Carlo ai Catinari, with all the annexes and dependencies (Annex III, 3, 4 and 5), and to be delivered free from occupiers within one year from the entry into force of this Treaty.
Art. 15
The properties indicated in art. 13 and in the first and second paragraphs of art. 14, as well as the palaces of Datarìa, of the Chancellery, of Propaganda Fide in Piazza di Spagna, the palace of the Sant’Offizio and adjacency, that of the Convertendi (now Congregation for the Oriental Church) in piazza Scossacavalli, the palace of the Vicariate (Alleg. II, 6, 7, 8, 10 and 11), and the other buildings in which the Holy See will believe in the future to accommodate its other Dicasteries, although they are part of the territory of the Italian State, will enjoy the immunities recognized by international law to the seats of diplomatic agents of foreign states.
The same immunities also apply to other Churches, even outside Rome, during the time in which functions are celebrated with the intervention of the Supreme Pontiff without being open to the public.
Art. 16
The buildings indicated in the three previous articles, as well as those used as the headquarters of the following pontifical institutes: Gregorian University, Biblical, Oriental, Archaeological Institute, Russian Seminary, Lombard College, the two palaces of Sant’Apollinare and the House of exercises for the Clergy of St. John and Paul (Attachment III, 1, 1 bis, 2, 6, 7, 8), will never be subject to constraints or expropriations for reasons of public utility, unless prior agreement with the Holy See, and will be exempt. from both ordinary and extraordinary taxes both to the State and to any other entity.
The Holy See has the power to give all the aforementioned properties, indicated in this article and in the three previous articles, the structure it believes, without the need for authorization or consent from Italian governmental, provincial or municipal authorities, which may for this purpose, to rely on the noble artistic traditions that the Catholic Church boasts.
Art. 17
The salaries, of any nature, due by the Holy See, by the other central bodies of the Catholic Church and by the entities managed directly by the Holy See also outside Rome, to dignitaries, employees and salaried workers, even if unstable, will be exempt in the Italian territory, to starting from January 1, 1929, from any tax both towards the State and towards any other entity.
Art. 18
The treasures of art and science existing in the Vatican City and in the Lateran Palace will remain visible to scholars and visitors, although full freedom to regulate public access is reserved for the Holy See.
Art. 19
Diplomats and envoys of the Holy See, diplomats and envoys of foreign governments to the Holy See and dignitaries of the Church coming from abroad to the Vatican City and bearing the passports of the countries of origin, endorsed by the pontifical representatives abroad , they will be able to access it without any other formality through the Italian territory. The same applies to the aforementioned persons, who, equipped with a regular papal passport, will travel abroad from the Vatican City.
Art. 20
Goods coming from abroad and directed to the Vatican City, or, outside the same, to institutions or offices of the Holy See, will always be admitted from any point of the Italian border and in any port of the Kingdom to transit through the Italian territory with full exemption from customs duties and duties.
Art. 21
All the Cardinals enjoy in Italy the honors due to the Princes of the Blood; those residing in Rome, even outside the Vatican City, are in effect citizens of the same.
During the vacancy of the Pontifical See, Italy ensures in a special way that the free transit and access of the Cardinals through the Italian territory to the Vatican is not hindered, and that there is no impediment or limitation to the personal freedom of the same.
Furthermore, Italy ensures that no acts are committed in its territory around the Vatican City, which in any case may disturb the meetings of the Conclave.
The aforementioned norms are also valid for conclaves held outside the Vatican City, as well as for councils presided over by the Supreme Pontiff or his Legates and with regard to Bishops called to participate in them.
Art. 22
At the request of the Holy See and by delegation that may be given by the same or in individual cases or permanently, Italy will provide in its territory for the punishment of crimes committed in the Vatican City, except when the perpetrator of the crime is is a refugee in Italian territory, in which case we will certainly proceed against him in accordance with Italian law.
The Holy See will hand over to the Italian State the persons who have taken refuge in the Vatican City, accused of acts, committed in the Italian territory, which are considered criminal by the laws of both States.
Similarly, provision will be made for persons accused of crimes, who have taken refuge in properties declared immune to art. 15, unless the persons in charge of said properties prefer to invite the Italian agents to enter to arrest them.
Art. 23
For the execution in the Kingdom of the sentences issued by the courts of the Vatican City, the norms of international law will be applied.
On the other hand, sentences and provisions issued by ecclesiastical authorities and officially communicated to civil authorities, concerning ecclesiastical or religious persons and concerning spiritual or disciplinary matters, will certainly have full legal effect, also for all civil effects.
Art. 24
The Holy See, in relation to the sovereignty that belongs to it also in the international field, declares that it wishes to remain and will remain extraneous to the temporal competitions between the other States and to the international Congresses called for this purpose, unless the contending parties make an unanimous appeal to his mission of peace, reserving in any case the right to assert his moral and spiritual power.
As a consequence of this the Vatican City will always and in any case be considered neutral and inviolable territory.
Art. 25
With a special agreement signed together with this Treaty, which constitutes Annex IV to the same and forms an integral part of it, provisions are made for the liquidation of the credits of the Holy See towards Italy
Art. 26
The Holy See believes that with the agreements, which are signed today, you are adequately assured what you need to provide with due freedom and independence to the pastoral government of the Diocese of Rome and of the Catholic Church in Italy and in the world; declares definitively and irrevocably composed and therefore eliminated the “Roman question” and recognizes the Kingdom of Italy under the dynasty of the House of Savoy with Rome as the capital of the Italian state.
In turn, Italy recognizes the Vatican City State under the sovereignty of the Supreme Pontiff.
Law 13 May 1871 n. 214 and any other provision contrary to this Treaty.
Art. 27
This Treaty, no later than four months after its signature, will be subject to ratification by the Supreme Pontiff and the King of Italy and will enter into force upon the exchange of ratifications.
Rome, eleventh February one thousand nine hundred twenty-nine.
PIETRO Cardinal GASPARRI
BENITO MUSSOLINI
FINANCIAL AGREEMENT
It is premised:
That the Holy See and Italy, following the stipulation of the Treaty, with which the “Roman question” was definitively settled, deemed it necessary to regulate their financial relations with a separate agreement, but forming an integral part of it;
That the Supreme Pontiff, considering on the one hand the enormous damage suffered by the Apostolic See for the loss of the patrimony of St. in the City of Rome, and yet also having in mind the financial situation of the State and the economic conditions of the Italian people especially after the war, he decided to limit the request for compensation to the strictly necessary, asking for a sum, partly in cash and partly in consolidation , which is much lower in value than that which the State should have paid to the Holy See itself even today, even if only in execution of the commitment assumed with the law of May 13, 1871;
That the Italian State, appreciating the paternal sentiments of the Supreme Pontiff, believed it right to comply with the request for payment of this sum;
The two High Parties, represented by the same Plenipotentiaries, have agreed:
Art. 1
Italy undertakes to pay, upon the exchange of the ratifications of the Treaty, to the Holy See the sum of 750,000,000 Italian lire (seven hundred and fifty million) and to deliver at the same time to the same Italian consolidated 5% to the bearer (with coupon expiring on 30 June next) with a nominal value of Italian lire 1,000,000,000 (one billion).
Art. 2
The Holy See declares to accept the above as a definitive settlement of its financial relations with Italy in connection with the events of 1870.
Art. 3
All the acts to be carried out for the execution of the Treaty, this Convention and the Concordat will be exempt from any tax.
Rome, eleventh February one thousand nine hundred twenty-nine.
PIETRO Cardinal GASPARRI
BENITO MUSSOLINI
AGREEMENT BETWEEN THE HOLY SEE AND ITALY
IN THE NAME OF THE HOLY TRINITY
Given that:
That from the beginning of the negotiations between the Holy See and Italy to resolve the “Roman question”, the Holy See itself proposed that the Treaty relating to this question be accompanied, as a necessary complement, by a Concordat, intended to regulate the conditions of Religion and the Church in Italy;
That the Treaty for the solution of the “Roman question” was concluded and signed today;
His Holiness the Supreme Pontiff Pius XI and His Majesty Vittorio Emanuele III, King of Italy, have resolved to make a Concordat, and for this purpose they have appointed the same Plenipotentiaries, delegates for the stipulation of the Treaty, i.e. on the part of His Holiness, His Eminence Most Reverend Cardinal Pietro Gasparri, His Secretary of State, and on behalf of His Majesty, His Excellency the Knight Benito Mussolini, Prime Minister and Head of Government, who exchanged their Full Powers and found them in good and due form, have agreed in the following Articles:
Art. 1
Italy, pursuant to art. 1 of the Treaty, ensures the Catholic Church the free exercise of spiritual power, the free and public exercise of worship, as well as its jurisdiction in ecclesiastical matters in accordance with the norms of this Concordat; where necessary, he grants to the ecclesiastics the defense of her authorities for the acts of their spiritual ministry.
In consideration of the sacred character of the Eternal City, bishopric of the Supreme Pontiff, center of the Catholic world and destination of pilgrimages, the Italian Government will take care to prevent in Rome anything that may be in contrast with this character.
Art. 2
The Holy See communicates and corresponds freely with the Bishops, with the clergy and with the whole Catholic world without any interference from the Italian government.
Likewise, for everything that refers to the pastoral ministry, the Bishops communicate and correspond freely with their clergy and with all the faithful.
Both the Holy See and the Bishops can freely publish and also post instructions, ordinances, pastoral letters, diocesan bulletins and other acts concerning the spiritual governance of the faithful inside and on the external doors of buildings intended for worship or offices of their ministry. , which they will believe to issue within their competence. Such publications and postings and in general all the acts and documents relating to the spiritual governance of the faithful are not subject to tax burdens.
The aforementioned publications, as far as the Holy See is concerned, can be made in any language; those of the Bishops are made in Italian or Latin; but, alongside the Italian text, the ecclesiastical authority can add the translation into other languages.
The ecclesiastical authorities may, without any interference from the civil authorities, carry out collections in the interior and entrance of churches as well as in the buildings they own.
Art. 3
Theology students, those of the last two years of theology preparatory to the priesthood and the novices of religious institutes can, at their request, postpone, from year to year, until the age of twenty-six, the fulfillment of the obligations of military service. .
Clerics ordained in sacris and religious who have made their vows are exempt from military service, except in the case of general mobilization. In this case, the priests pass into the armed forces of the State, but their ecclesiastical habit is preserved, so that they can exercise the sacred ministry among the troops under the ecclesiastical jurisdiction of the military Ordinary pursuant to art. 14. Other clerics or religious are preferably destined for health services.
However, even if general mobilization is arranged, priests with care of souls are exempted from presenting themselves to the call. Ordinaries, parish priests, vice parish priests or coadjutors, vicars and priests permanently in charge of the rectories of churches open to worship are considered such.
Art. 4
Ecclesiastics and religious are exempt from the office of juror.
Art. 5
No ecclesiastical can be hired or remain in a post or office of the Italian State or of public entities dependent on it without the authorization of the diocesan Ordinary.
The revocation of the nulla osta deprives the clergyman of the ability to continue to exercise the employment or office he has assumed.
In any case, apostate or censored priests may not be hired or kept in a teaching, office or employment in which they are in immediate contact with the public.
Art. 6
The salaries and other allowances enjoyed by ecclesiastics by reason of their office are exempt from distraint to the same extent as the salaries and allowances of state employees.
Art. 7
Ecclesiastics cannot be requested by magistrates or other authorities to give information on persons or matters of which they have become aware by reason of the sacred ministry.
Art. 8
In the case of referral to the criminal magistrate of a clergyman or religious for a crime, the King’s Procurator must immediately inform the Ordinary of the diocese, in whose territory he exercises jurisdiction; and he must promptly transmit to the same the preliminary decision and, where it takes place, the sentence terminating the trial both in first instance and on appeal.
In the event of arrest, the clergyman or religious is treated with the respect due to his status and to his hierarchical rank.
In the case of the conviction of a clergyman or a religious, the penalty is possibly served in rooms separate from those intended for the laity, unless the competent Ordinary has reduced the condemned person to the lay state.
Art. 9
As a rule, buildings open to worship are exempt from requisitions or occupations.
If it is necessary for serious public needs to occupy a building open to worship, the authority that proceeds with the occupation must make prior arrangements with the Ordinary, unless reasons of absolute urgency oppose this. In this case, the proceeding authority must immediately inform the same.
Except in cases of urgent necessity, the public force cannot enter, for the exercise of its functions, buildings open to worship, without having given prior notice to the ecclesiastical authority.
Art. 10
It will not be possible for any reason to proceed with the demolition of buildings open to worship, without prior agreement with the competent ecclesiastical authority.
Art. 11
The State recognizes the holidays established by the Church, which are as follows:
Every Sunday;
The first day of the year;
The day of the Epiphany (January 6);
The day of the feast of St. Joseph (March 19);
Ascension day;
The day of Corpus Domini;
The day of the feast of the Holy Apostles Peter and Paul (29 June);
The day of the Assumption of the Blessed Virgin Mary (15 August);
All Saints’ Day (November 1st);
The day of the feast of the Immaculate Conception (8 December);
On Christmas Day (December 25th).
Art. 12
On Sundays and feasts of obligation, in churches where a Chapter officiates, the celebrant of the Conventual Mass will sing, according to the norms of the sacred liturgy, a prayer for the prosperity of the King of Italy and of the Italian State.
Art. 13
The Italian Government communicates to the Holy See the organic table of tenured ecclesiastical personnel assigned to the service of spiritual assistance to the military forces of the State as soon as it has been approved in accordance with the law.
The designation of the ecclesiastics, to whom the high direction of the spiritual assistance service is committed (military Ordinary, vicar and inspectors), is made confidentially by the Holy See to the Italian Government. If the Italian Government has reasons to oppose the designation made, it will notify the Holy See, which will proceed to another designation.
The military ordinary will be invested with the dignity of the archbishop.
The appointment of military chaplains is made by the competent authority of the Italian State on the designation of the military Ordinary.
Art. 14
The Italian troops of air, land and sea enjoy the privileges and exemptions allowed by canon law with regard to religious duties.
The military chaplains have parochial powers with regard to these troops. They exercise the sacred ministry under the jurisdiction of the military Ordinary, assisted by their own Curia.
The Military Ordinary also has jurisdiction over religious personnel, male and female, assigned to military hospitals.
Art. 15
The ordinary military Archbishop is in charge of the Chapter of the Pantheon church in Rome, with him constituting the clergy, to whom the religious service of said Basilica is entrusted.
This clergy is authorized to provide for all religious functions, even outside Rome, which, in accordance with canonical rules, are requested by the State or the Royal House.
The Holy See consents to confer on all the canons making up the chapter of the Pantheon the dignity of protonotary ad instar, during munere . The appointment of each of them will be made by the Cardinal Vicar of Rome upon presentation by His Majesty the King of Italy, subject to the confidential indication of the person presenting.
The Holy See reserves the right to transfer the Diaconia to another church.
Art. 16
The High Contracting Parties will proceed in agreement, by means of mixed commissions, to a revision of the circumscription of the dioceses, in order to make it possibly correspond to that of the provinces of the State.
It is understood that the Holy See will erect the diocese of Zadar; that no part of the territory subject to the sovereignty of the Kingdom of Italy will depend on a bishop, whose see is in a territory subject to the sovereignty of another state; and that no diocese of the Kingdom will include areas of territory subject to the sovereignty of another State.
The same principle will be observed for all existing parishes or to be established in territories close to the state borders.
The modifications that, after the aforementioned structure, should be made in the future to the circumscriptions of the dioceses, will be arranged by the Holy See after agreements with the Italian Government and in compliance with the directives expressed above, except for the small adjustments of the territory required by the good of souls.
Art. 17
The reduction of dioceses that will result from the application of the preceding article will be implemented gradually as the dioceses themselves become vacant.
It is understood that the reduction will not imply the suppression of the titles of the dioceses or of the chapters, which will be preserved, even though the dioceses are grouped in such a way that the capitals of the same correspond to those of the provinces.
The aforementioned reductions will leave without prejudice to all the current economic resources of the dioceses and other ecclesiastical bodies existing in the same, including the allowances now paid by the Italian State.
Art. 18
As it is necessary, by order of the ecclesiastical authority, to group several parishes provisionally or definitively, either by entrusting them to a single parish priest assisted by one or more vice-parish priests, or by bringing together several priests in a single presbytery, the State will maintain the economic treatment due unchanged. to said parishes.
Art. 19
The choice of archbishops and bishops belongs to the Holy See.
Before proceeding with the appointment of an Archbishop or a diocesan Bishop or a coadjutor cum iure successionis , the Holy See will communicate the name of the chosen person to the Italian Government to ensure that the same has no political reasons to raise against the appointment.
The relative practices will be carried out with the greatest possible solicitude and with all confidentiality, so that the secrecy of the chosen person is kept, until the appointment of the same takes place.
Art. 20
Before taking possession of their diocese, the Bishops swear an oath of fidelity in the hands of the Head of State according to the following formula:
«Before God and on the Holy Gospels, I swear and promise, as it is appropriate for a Bishop, fidelity to the Italian State. I swear and promise to respect and enforce by my clergy the King and the Government established according to the constitutional laws of the State. I also swear and promise that I will not participate in any agreement or assist in any council that could harm the Italian State and public order and that I will not allow my clergy to participate in such participation. Worrying about the good and the interest of the Italian State, I will try to avoid any damage that could threaten it ».
Art. 21
The provision of ecclesiastical benefits belongs to the ecclesiastical authority.
The nominations of those invested with parish benefits are communicated by the competent ecclesiastical authority to the Italian Government in confidence and cannot have taken place before thirty days have elapsed from the communication.
Within this term, the Italian Government, if serious reasons oppose the appointment, can express them confidentially to the ecclesiastical authority, which, if the dissent remains, will refer the case to the Holy See.
Should serious reasons arise which render the permanence of an ecclesiastical in a particular parish benefit harmful, the Italian Government will communicate these reasons to the Ordinary, who, in agreement with the Government, will take the appropriate measures within three months. In case of divergence between the Ordinary and the Government, the Holy See will entrust the solution of the question to two ecclesiastics of his choice, who, in agreement with two delegates of the Italian Government, will make a definitive decision.
Art. 22
Ecclesiastics who are not Italian citizens cannot be invested with existing benefits in Italy. The holders of dioceses and parishes must also speak the Italian language. If necessary, they must be assigned coadjutors who, in addition to Italian, also understand and speak the language locally in use, in order to provide religious assistance in the language of the faithful according to the rules of the Church.
Art. 23
The provisions of articles 16, 17, 19, 20, 21 and 22 do not concern Rome and the suburbicarian dioceses.
It is also understood that, should the Holy See proceed with a new arrangement of said dioceses, the checks paid today by the Italian State both to canteens and to other ecclesiastical institutions would remain unchanged.
Art. 24
The exequatur , the regio placet , as well as any Caesarean or royal appointment in the matter of provision of ecclesiastical benefits or offices throughout Italy are abolished, subject to the exceptions established in art. 29 letter g) .
Art. 25
The Italian state renounces the sovereign prerogative of the Royal patronage of major and minor benefits.
The regalia on major and minor benefits is abolished. The third pensionable in the provinces of the former kingdom of the two Sicilies is also abolished.
The related charges cease to be borne by the State and dependent administrations.
Art. 26
The appointment of the invested persons of major and minor benefits and of those who temporarily represent the seat or the vacant benefit takes effect from the date of the ecclesiastical provision, which will be officially participated in the Government. The administration and enjoyment of annuities during the holiday is governed by the norms of canon law.
In case of bad management, the Italian State, having reached agreements with the ecclesiastical authority, can proceed with the seizure of the temporality of the benefit, devolving the net income to the investor, or, in his absence, to the benefit of the benefit.
Art. 27
The basilicas of the Holy House in Loreto, of San Francesco in Assisi and of Sant’Antonio in Padova with the annexed buildings and works, except for those of a purely secular character, will be ceded to the Holy See and their administration will be freely up to the same. The other entities managed by the Holy See in Italy as well as the Colleges of missions will also be free from any State interference and conversion. However, the Italian laws concerning the acquisition of moral bodies remain applicable in any case.
With regard to the assets now belonging to the said Sanctuaries, the distribution will be carried out by means of a mixed commission, having regard to the rights of third parties and the necessary endowments for said purely secular works.
For the other Sanctuaries, in which there are civil administrations, the free management of the ecclesiastical authority will take over, except, where appropriate, the distribution of goods in accordance with the preceding paragraph.
Art. 28
To calm consciences, the Holy See will grant full condonation to all those who, following the Italian laws subversive of the ecclesiastical patrimony, find themselves in possession of ecclesiastical assets.
To this end, the Holy See will give the Ordinaries the appropriate instructions.
Art. 29
The Italian State will review its legislation insofar as it affects ecclesiastical matters, in order to reform and integrate it, to bring it into harmony with the directives, which inspire the Treaty stipulated with the Holy See and the present Concordat.
As of now, the following remains agreed between the two High Contracting Parties:
a) Without prejudice to the legal personality of ecclesiastical bodies so far recognized by Italian law (Holy See, diocese, chapters, seminaries, parishes, etc.), this personality will also be recognized in public churches open to worship, which do not already have it, including those already belonging to the suppressed ecclesiastical bodies, with the assignment, in respect of the latter, of the income that the Fund for the Worship currently allocates to each of them.
Except as provided in the previous art. 27, the administrative councils, wherever they exist and whatever their denomination, even if made up totally or mostly of lay people, must not interfere in the services of worship, and the appointment of the members will be made in agreement with the ecclesiastical authority.
b) The juridical personality of religious associations, with or without votes, approved by the Holy See, which have their main office in the Kingdom, and are represented there, juridically and in fact, by persons who have Italian citizenship and are in Italy domiciled. Furthermore, the legal personality of the Italian religious provinces will be recognized, within the limits of the territory of the State and its colonies, of associations having their headquarters abroad, when the same conditions concur. The legal personality of the houses will also be recognized, when the particular rules of the individual orders give them the ability to purchase and own. Finally, juridical personality will be recognized in the General Houses and in the Public Prosecutors’ offices of religious associations, including foreign ones.
The deeds relating to the transfer of properties, of which the associations are already in possession, from the current owners to the associations themselves will be exempt from any tax.
c) Confraternities with an exclusive or prevalent purpose of worship are not subject to further transformations in terms of purpose, and depend on the ecclesiastical authority, as regards their functioning and administration.
d) Religious foundations of any kind are allowed, provided they are established that they respond to the religious needs of the population and do not incur any financial burden on the State. This provision also applies to foundations that already exist in fact.
e) In the civil administrations of the ecclesiastical patrimony deriving from subversive laws, the administrative councils will be half formed with members designated by the ecclesiastical authority. The same applies to the Religion Funds of the new provinces.
f) Acts carried out up to now by ecclesiastical or religious bodies without observing civil laws may be recognized and regularized by the Italian State, upon request of the Ordinary to be presented within three years of the entry into force of this Concordat.
g) The Italian State renounces the privileges of ecclesiastical jurisdictional exemption of the Palatine clergy throughout Italy (except for the one assigned to the churches of the Holy Shroud of Turin, Superga, the Sudarium of Rome and the chapels annexed to the residences of the Sovereigns and Royal Principles), including all appointments and provisions of benefits and offices under the provisions of the previous articles. A special commission will provide for the assignment to each basilica or palatine church of an appropriate endowment with the criteria indicated for the goods of the sanctuaries in art. 27.
h) Without prejudice to the tax concessions already established in favor of ecclesiastical entities by the Italian laws in force up to now, the purpose of worship or religion is, for all tax purposes, equated to the purposes of charity and education.
The extraordinary tax of thirty percent imposed by article 18 of law no. 3848; the competition fee referred to in articles 31 of the law of 7 July 1866 n. 3036 and 20 of the law of 15 August 1867 n. 3848; as well as the tax on the transfer of usufruct of goods constituting the endowment of benefits and other ecclesiastical entities, established by art. 1 of the Royal Decree of 30 December 1923 n. 3270, the institution of any special tax on the goods of the Church remaining excluded also for the future. The tax on professions and the license fee, established with the Royal Decree of November 18, 1923, n. 2538 in place of the suppressed operating and resale tax, or any other such tax.
i) The use of ecclesiastical or religious habit by seculars or by ecclesiastics and religious, to whom it has been forbidden by a definitive provision of the competent ecclesiastical authority, which must be officially communicated to the Italian Government for this purpose, is prohibited and punished with the same sanctions and penalties, with which the abusive use of military uniform is prohibited and punished.
Art. 30
The ordinary and extraordinary management of assets belonging to any ecclesiastical institute or religious association takes place under the supervision and control of the competent authorities of the Church, excluding any intervention by the Italian State, and without the obligation to subject real estate to conversion.
The Italian State recognizes the ability to purchase goods to ecclesiastical institutes and religious associations, without prejudice to the provisions of civil laws concerning purchases from moral bodies.
The Italian State, as long as new agreements are not established otherwise, will continue to make up for the deficiencies in the income of ecclesiastical benefits with checks to be paid in an amount no less than the real value of that established by the laws currently in force: in consideration of this, the management patrimonial of said benefits, as regards the deeds and contracts exceeding the simple administration, will take place with intervention by the Italian State, and in the event of a vacancy, the delivery of the goods will be made with the presence of a representative of the Government, drafting a similar report.
The bishops’ canteens of the suburbicarian dioceses and the assets of the chapters and parishes of Rome and of the said dioceses are not subject to the aforementioned intervention. For the purposes of the congruous supplement, the amount of income paid to the beneficiaries on said tables and assets will result from a declaration made annually under his own responsibility by the suburbicar bishop for the dioceses and by the Cardinal Vicar for the city of Rome.
Art. 31
The erection of new ecclesiastical bodies or religious associations will be done by the ecclesiastical authority according to the norms of canon law: their recognition for civil purposes will be done by the civil authorities.
Art. 32
The recognitions and authorizations provided for in the provisions of this Concordat and of the Treaty will take place with the rules established by the civil laws, which must be brought into harmony with the provisions of the Concordat itself and of the Treaty.
Art. 33
The availability of the catacombs existing in the soil of Rome and other parts of the territory of the Kingdom is reserved to the Holy See with the consequent burden of custody, maintenance and conservation.
It can therefore, with the observance of the laws of the State and without prejudice to any rights of third parties, proceed with the necessary excavations and the transfer of the holy bodies.
Art. 34
The Italian State, wishing to restore to the institution of marriage, which is the basis of the family, a dignity in accordance with the Catholic traditions of its people, recognizes the civil effects of the sacrament of marriage, governed by canon law.
The publications of the marriage as above will be carried out, as well as in the parish church, also in the municipal house.
Immediately after the celebration, the parish priest will explain the civil effects of the marriage to the spouses, reading the articles of the civil code regarding the rights and duties of the spouses, and will draw up the marriage certificate, of which he will send a full copy to the Municipality within five days. to be transcribed in the civil status registers.
Cases concerning the nullity of marriage and the dispensation from a ratified and unconsummated marriage are reserved to the jurisdiction of the ecclesiastical courts and dicasteries.
The relative provisions and judgments, when they have become definitive, will be brought to the Supreme Court of the Signatura, which will check whether the norms of canon law relating to the jurisdiction of the judge, the summons and the legitimate representation or default of the parties have been respected.
The said provisions and definitive sentences with the relative decrees of the Supreme Court of the Signatura will be transmitted to the Court of Appeal of the State competent for the territory, which, with orders issued in the Council Chamber, will make them executive for civil purposes and will order that they be noted in the registers. of the marital status on the sidelines of the marriage certificate.
As for the causes of personal separation, the Holy See allows them to be judged by the civil judicial authority.
Art. 35
For schools of secondary education held by ecclesiastical or religious bodies, the institution of the State exam remains firm with effective equal conditions for candidates of governmental institutes and candidates of said schools.
Art. 36
Italy considers the teaching of Christian doctrine according to the form received from the Catholic tradition to be the foundation and crowning of public education. And therefore it allows religious education now imparted in elementary public schools to have a further development in middle schools, according to programs to be established in agreement between the Holy See and the State.
This teaching will be given through teachers and professors, priests or religious, approved by the ecclesiastical authority, and subsidiary through lay teachers and professors, who are provided with a certificate of suitability for this purpose to be issued by the diocesan Ordinary.
The revocation of the certificate by the Ordinary certainly deprives the teacher of the ability to teach.
Only the textbooks approved by the ecclesiastical authority will be adopted for this religious teaching in public schools.
Art. 37
The leaders of the state associations for physical education, for pre-military education, the Avant-gardists and the Balilla, to make possible the education and religious assistance of the youth entrusted to them, will arrange the timetables so as not to prevent Sundays and on feasts of obligation the fulfillment of religious duties.
The heads of public schools will have the same arrangement in any gatherings of pupils on said holidays.
Art. 38
The appointments of the Professors of the Catholic University of the Sacred Heart and of the dependent Istituto di Magistero Maria Immacolata are subject to the authorization from the Holy See, aimed at ensuring that there is nothing to object from a moral and religious point of view.
Art. 39
Universities, major and minor seminaries, both diocesan, interdiocesan and regional, academies, colleges and other Catholic institutes for the formation and culture of ecclesiastics will continue to depend solely on the Holy See, without any interference from the educational authorities of the Kingdom. .
Art. 40
The degrees in sacred theology given by the Faculties approved by the Holy See will be recognized by the Italian State.
The diplomas obtained in the schools of paleography, archival and documentary diplomatics erected in the library and archive in the Vatican City will also be recognized.
Art. 41
Italy authorizes the use in the Kingdom and its colonies of papal knightly honors by registering the short of appointment, to be made upon presentation of the short itself and a written request from the interested party.
Art. 42
Italy will admit the recognition, by Royal Decree, of the noble titles conferred by the Supreme Pontiffs even after 1870 and of those that will be conferred in the future.
Cases will be established in which such recognition is not subject to the payment of tax in Italy.
Art. 43
The Italian State recognizes organizations dependent on Italian Catholic Action, inasmuch as they, as the Holy See has ordered, carry out their activity outside any political party and under the immediate dependence of the Church hierarchy for the dissemination and implementation of Catholic principles.
The Holy See takes the occasion from the stipulation of this Concordat to renew the ban on membership and military membership in any political party for all the ecclesiastics and religious of Italy.
Art. 44
Should any difficulties arise in the future regarding the interpretation of the present Concordat, the Holy See and Italy will proceed with common intelligence to an amicable solution.
Art. 45
The present Concordat will enter into force upon the exchange of ratifications, at the same time as the Treaty, stipulated between the same High Parties, which eliminates the “Roman question”.
With the entry into force of this Concordat, the provisions of the lapsed Concordats of the former Italian states will cease to apply in Italy. The Austrian laws, laws, regulations, ordinances and decrees of the Italian State currently in force, insofar as they are in conflict with the provisions of this Concordat, are understood to be repealed with the entry into force of the same.
In order to prepare the execution of this Concordat, a Commission composed of persons designated by both High Parties will be appointed immediately after its signature.
Rome, eleventh February one thousand nine hundred twenty-nine.
Signed: PIETRO Cardinal GASPARRI
BENITO MUSSOLINI
PROCESS – MINUTES
The undersigned, duly authorized, met today to proceed with the exchange of the Ratifications of His Holiness the Supreme Pontiff and His Majesty the King of Italy relating to the following Acts signed between the Holy See and Italy on 11 February 1929:
a) TREATY with four annexes: (1. Territory of the Vatican City State. 2. Properties with extraterritorial privilege and exemption from expropriations and taxes. 3. Properties exempt from expropriation and taxes. 4. Financial agreement);
b) AGREED.
The instruments of these Ratifications having been found exact and concordant, the exchange was carried out.
The High Contracting Parties, in the act of proceeding with the exchange of the Ratifications of the Lateran Pacts, reaffirmed their will to observe loyally, in word and in spirit, not only the Treaty, in the irrevocable reciprocal acknowledgments of sovereignty, and in the definitive elimination of the Roman question, but also the Concordat, in its lofty purposes tending to regulate the conditions of Religion and the Church in Italy.
In witness whereof, the undersigned have drawn up this Report-Process and have affixed their seal to it.
Done in double original, in the Vatican Apostolic Palace on June 7th, nineteen hundred and twenty-nine.
PIETRO Cardinal GASPARRI
BENITO MUSSOLINI
Annex I. – Territory of the Vatican City State
Annex II. – Properties with extraterritorial privilege and with exemption from expropriations and taxes
Table 1.- Basilica and Lateran Apostolic Palace and annexed to the Scala Santa
Table 2.- Basilica of S. Maria Maggiore with the annexed buildings
Table 3.- Basilica of S. Paolo with the annexed buildings
Table 4.- Pontifical Palace of Castel Gandolfo
Table 5.- Palazzo della Dataria
Table 6.- Palace of the Chancellery
Table 7.- Propaganda Fide Palace
Table 8.- Palace of S. Callisto in Trastevere
Table 9.- Palazzo dei Convertendi (now the Congregation for the Oriental Church) in Piazza Scossacavalli.
– Palazzo del S. Offizio and adjacent areas
Table 10.- Palace of the Vicariate in via della Pigna
Table 12.- Properties on the Janiculum
Annex III. – Properties exempt from expropriations and taxes
Table 1.- Gregorian University
Table 1-bis.- Gregorian University of the Pilotta
Table 2.- Biblical Institute
Table 3.- Palazzo dei SS. XII Apostles
Table 4.- Palace annexed to the Church of S. Andrea della Valle
Table 5.- Palace annexed to the Church of S. Carlo ai Catinari
Table 6.- Archaeological Institute – Oriental Institute – Lombard College – Russian College
Table 7.- Palaces of S. Apollinare
Table 8.- Retreat house for the clergy in SS. Giovanni and Paolo
