What was lateran treaty




















It is understood that Italy undertakes in all cases to allow the freedom of correspondence for all States, including belligerents, to and from the Holy See, as well as free access to the Apostolic See by Bishops from all over the world. The High Contracting Parties undertake to establish normal diplomatic relations between each other, by accrediting an Italian Ambassador to the Holy See and a Papal Nuncio to Italy, who shall be the doyen of the Diplomatic Corps, in accordance with the ordinary practice recognized by the Congress of Vienna by the Act of June 9, , in consequence of the sovereignty hereby recognized and without prejudice to the provisions of Article 19 hereof, the diplomats accredited by the Holy See and the diplomatic couriers dispatched in the name of the Supreme Pontiff, shall enjoy within Italian territory, even in time of war, the same treatment as that enjoyed by diplomatic personages and couriers of other foreign Governments, according to the provisions of International Law.

Italy recognizes the full ownership of the Holy See over the patriarchal Basilicas of St. John Lateran, Sta. Maria Maggiore, and St. Paul, with their annexed buildings. The State transfers to the Holy See the free management and administration of the said Basilica of St.

Paul and its dependent Monastery, also paying over to the Holy See all monies representing the sums set aside annually for that church in the budget of the Ministry of Education. It is also understood that the Holy See shall remain the absolute owner of the edifice of S. Callisto, adjoining Sta. Maria in Trastevere. Italy recognizes the full ownership by the Holy See of the Papal Palace of Castel Gandolfo, together with all endowments, appurtenances, and dependencies thereof, which are now already in the possession of the Holy See, and Italy also undertakes to hand over, within six months after the coming into force of the present Treaty, the Villa Barberini in Castel Gandolfo, together with all endowments, appurtenances, and dependencies thereof.

In order to round off the property situated on the northern side of the Janiculum Hill, belonging to the Sacred Congregation of Propaganda Fide and to other ecclesiastical institutions, which property faces the Vatican Palaces, the State undertakes to transfer to the Holy See or other bodies appointed by it for such purpose, all real estate belonging to the State or to third parties existing in that area. The properties belonging to the said Congregation and to other institutions and those to be transferred being marked on the annexed map.

Carlo ai Catinari, with all annexes and dependencies thereof, and shall hand them over within one year after the entry into force of the present Treaty, free of all occupants.

The property indicated in Article 13 hereof and in paragraphs 1 and 2 of Article 14, as well as the Palaces of the Dataria, of the Cancelleria, of the Sacred Congregation of Propaganda Fide in the Piazza di Spagna of the S. Offizio with its annexes, and those of the Convertendi now the Congregation of the Eastern Church in Piazza Scossacavelli, the Vicariato, and all other edifices in which the Holy See shall subsequently desire to establish other offices and departments although such edifices form part of the territory belonging to the Italian State, shall enjoy the immunity granted by International Law to the headquarters of the diplomatic agents of foreign States.

Similar immunity shall also apply with regard to any other churches even if situated outside Rome during such time as, without such churches being open to the public, the Supreme Pontiff shall take part in religious ceremonies celebrated therein.

The property mentioned in the three preceding Articles, as also that used as headquarters of the following Papal institutions - the Gregorian University, the Biblical, Oriental, and Archaeological Institutes, the Russian Seminary, the Lombard College, the two Palaces of St. Apollinaris, and the Home of the Retreat of the Clergy dedicated to St.

John and St. Paul - shall never be subject to charges or to expropriation for reasons of public utility, save by previous agreement with the Holy See, and shall be exempt from any contribution or tax, whether ordinary or extraordinary and payable to the State or to any other body. It shall be permissible for the Holy See to deal with all buildings above mentioned or referred to in the three preceding Articles as it may deem fit, without obtaining the authorization or consent of the Italian governmental, provincial, or communal authority, which authorities may in this regard rely entirely on the high artistic traditions of the Catholic Church.

As from January 1, , salaries of whatsoever nature payable by the Holy See, or by other central bodies of the Catholic Church and by bodies administered directly by the Holy See whether within or without Rome to dignitaries employed and salaried whether permanently or not, shall be exempt from any contribution or tax whether payable to the State or to any other body.

The artistic and scientific treasures existing within the Vatican City and the Lateran Palace shall remain open to scholars and visitors, although the Holy See shall be free to regulate the admission of the public thereto. Diplomats and envoys of the Holy See, as well as diplomats and envoys of foreign Governments accredited to the Holy See, and the dignitaries of the Church arriving from abroad and traveling to the Vatican City, provided with passports of the States whence they come duly furnished with the visa of the Papal representative abroad, shall be allowed free access to the Vatican City over Italian territory without formalities.

Goods arriving from abroad for destinations within the Vatican City, or without it boundaries for institutions or offices of the Holy See, shall invariably be allowed transit over Italian territory from any part of the Italian boundary as also from any seaport of the Kingdom free of payment of any customs or octroi dues.

All Cardinals shall enjoy, in Italy, the honours due to Princes of the Blood. Those Cardinals who may reside in Rome without the Vatican City shall, for all purposes, be considered citizens thereof.

In the event of the office of the Holy See falling vacant, Italy shall make special arrangements for the free transit and access of Cardinals over Italian territory to the Vatican, and shall provide that their personal liberty is not impeded or limited.

Italy shall also take all measures, within her territory surrounding the Vatican City, necessary to prevent the commission of any act which may in any way disturb the meetings of the Conclave. The same provisions shall apply to Conclave held beyond the boundaries of the Vatican City and to Councils presided over by the Supreme Pontiff or his Legates, and with regard to all Bishops summoned to attend them.

At the request of the Holy See, or by its delegate who may be appointed in single cases or permanently, Italy shall provide within her for the punishment of offences committed within the Vatican City, save and except when the author of the offence shall have taken refuge in Italian territory, in which event he shall immediately be proceeded against according to the provisions of the Italian laws.

The Holy See shall hand over to the Italian State all persons who may have taken refuge within the Vatican City, when accused of acts committed within Italian territory which are considered to be criminal by the law of both States. The same provisions shall apply in regard to persons accused of offences who may have taken refuge within the buildings enjoying immunity in accordance with the provisions of Article 15 hereof, save and except if the persons having authority within such buildings prefer to request members of the Italian police force to enter and arrest such persons.

The regulations provided by International Law shall apply for the execution, within the Kingdom of Italy, of sentences pronounced by the Courts of the Vatican City.

All sentences and measures emanating from ecclesiastical authorities and officially communicated to the civil authorities, in regard to ecclesiastical or religious persons and concerning spiritual or disciplinary matters, shall without other formality have legal effect in Italy even for all civil purposes.

In regard to the sovereignty appertaining to it also in international matters, the Holy See declares that it desires to take, and shall take, no part in any temporal rivalries between other States, nor in any international congresses called to settle such matters, save and except in the event of such parties making a mutual appeal to the pacific mission of the Holy See, the latter reserving in any event the right of exercising its moral and spiritual power.

The Vatican City shall, therefore, be invariably and in every event considered as neutral and inviolable territory. By a special Convention written below and united to the present Treaty, which constitutes the IV codicil to the same and forms an integral part thereof, provision shall be made for the liquidation of the credit of the Holy See towards Italy. The Holy See considers that the agreements signed to-day offer an adequate guarantee for assuring to it, together with the requisite liberty and independence, the pastoral administration of the Roman Diocese and the Catholic Church throughout Italy and the entire world, and it declares the Roman Question to be definitely and irrevocably settled and therefore eliminated, and recognizes the Kingdom of Italy under the Dynasty of the House of Savoy, with Rome as the capital of the Italian State.

Italy, on her part, recognizes the State of the Vatican City under the sovereignty of the Supreme Pontiff. The law dated May 13, No. Within four months after the signature thereof, the present Treaty shall be submitted for ratification by the Supreme Pontiff and the King of Italy, and shall enter into force as soon as ratifications are exchanged.

The Holy See and Italy having in consequence of the stipulations of the Treaty which has definitely composed ' the Roman Question ' held it necessary to regulate with a distinct convention, forming an integral part of the same, their financial relations;.

The supreme Pontiff considering on the one hand the immense damage sustained by the Apostolic See through the loss of the patrimony of S. Peter constituted by the ancient Pontifical States, and of the Ecclesiastical property, and on the other side, the ever-increasing needs of the Church in the City of Rome alone, and taking into consideration the present financial condition of the State and the economic condition of the Italian people, especially after the war, has deemed it well to restrict the request for indemnity to the barest necessity; asking for a sum partly in cash and partly in bonds which is much inferior in value to the which the State to-day should disperse towards the Holy See if only in execution of the obligation assumed by the law of May 13, The Italian State appreciating the paternal sentiments of the Supreme Pontiff has felt bound to adhere to the request for the payment of the said sum.

Italy, on the exchange of ratifications of the Treaty, shall pay to the Holy See the sum of Italian lire ,, seven hundred and fifty millions and a the same time consign Italian 5 per cent bonds with coupons, June 30 of the nominal value of Italian lire 1,, The Holy See declares that it accepts the above as a definite systemization of the financial relations with Italy in consequence of the events of All the acts necessary for the execution of the Treaty with regard to the present Convention and of the Concordat shall be exempt from every form of taxation.

Seeing that from the beginning of the negotiations between the Holy See and Italy for the solution of ' the Roman Question ' the Holy See itself has proposed that the Treaty relating to the said question should be accompanied, as its necessary complement, by a Concordat to regulate the conditions of religion and the Church in Italy.

Seeing that to-day a Treaty has been concluded and signed for the solution of ' the Roman Question. Benito Mussolini, Prime Minister and head of the Government, who having exchanged their full powers and found them to be in good and due form, have agreed upon the following articles:. Italy, in the sense of Art. I of the Treaty, assures the Catholic Church of the free exercise of her spiritual power, the free and public exercise of worship, and of jurisdiction in Ecclesiastical matters in conformity with the norm of the present Concordat, and when it occurs, accords to Ecclesiastics for the ads of their spiritual ministry defence on the part of its authority.

In consideration of the sacred character of the Eternal City, the Episcopal See of the Sovereign Pontiff, centre of the Catholic world and place of pilgrimage, the Italian Government will take care to impede in Rome whatsoever may be in opposition with its said character.

The Holy See shall communicate and correspond freely with the Bishops and clergy of the whole Catholic world without any interference on the part of the Italian Government. Equally in everything that concerns their pastoral ministry the Bishops shall communicate and correspond freely with their clergy and all the faithful.

Like the Holy See the Bishops can freely publish and affix within and to the external doors of buildings destined for public worship or for the offices of their ministry, instructions, ordinances, pastoral letters, diocesan bulletins and other ads concerning the spiritual government of the faithful which they see fit to issue in the sphere of their competence.

Such publications and affixions and in general all the acts and documents relative to the spiritual government of the faithful shall not be subject to any taxation.

Such publications as regards the Holy See may be made in any language, those of the Bishops in Italian or Latin, but besides the Italian text the Ecclesiastical Authority can adjoin translations into other languages. The Ecclesiastical Authorities can, without any interference on the part of the Civil Authorities, make collections within and at the doors of the churches and buildings belonging to them.

Theological students in the last two years of their theological course devoted to the priesthood, and novices of religious institutions can, at their request, put off from year to year until the twenty-sixth year of their age the fulfilment of the obligation of military service.

Clerics ordained ' in sacris ' and religious who have made their vows are exempt from military service, saving the case of a general mobilization. In such case the priests pass into the armed forces of the State, but conserve their ecclesiastical habits in order to exercise amongst the troops their sacred ministry under the ecclesiastical Jurisdiction of the military ordinary in the sense of Art.

The other clerics and religious of preference shall be destined to military service. Nevertheless, even in the case of a general mobilization, those priests are dispensed from the call to present themselves who have cure of souls.

As such are considered ordinaries, parish priests, vice-parish priests and coadjutors, vicars and priests permanently appointed to rectories and churches open to the public. Ecclesiastics and religious are exempt from serving on juries.

No Ecclesiastic may be employed or remain in the employment of an office of the Italian State or any public entity depending from the same without the nihil obstat of the Diocesan ordinary. The revocation of the nihil obstat deprives the Ecclesiastic of the capacity of continuing to exercise the employment or office which he has assumed. In any case, apostate priests, or those subject to censure, cannot be appointed or continued as teachers, or hold office or be employed as clerks where they are in immediate contact with the public.

The stipends and the other assignments which Ecclesiastics enjoy by reason of their office are open to mortgages in the same measure as the stipends and assignments of clerks in the offices of the State. Ecclesiastics cannot be required by magistrates or other authorities to give information concerning persons or matters which have come to their knowledge by reason of their sacred ministry. In case of an Ecclesiastic or religious being brought before a magistrate for some crime, the Procurator of the King must immediately inform the ordinary of the diocese in the territory of which he exercises jurisdiction, and ought care- fully to transmit to the office of the same the instructional decrees, and where necessary the definitive sentence of the judgment both in the first grade and also on appeal.

In case of the arrest of an Ecclesiastic or religious he shall be treated with the regard due to his hierarchical grade. In the case of the condemnation of an Ecclesiastic or religious the punishment shall be performed in a place separate from that for lay people, unless the competent ordinary shall have already reduced the condemned person to the lay state. Regularly buildings open for public worship shall be exempt from requisitions and occupation.

If in consequence of a grave public necessity it is necessary to occupy a building open for worship, the authority which proceeds to the occupation should have come to a previous accord with the ordinary, unless the reasons are of such absolute urgency as to prevent it. In such a case the authority should immediately proceed to inform the same i.

Saving cases of urgent necessity, the public forces shall not in the exercise of their functions enter any building open for worship, without giving previous notice to the Ecclesiastical Authority. For no cause whatsoever is it possible to proceed to the demolition of a building open for worship without previous accord with the competent Ecclesiastical Authority.

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Oxford Reference. Publications Pages Publications Pages. Recently viewed 0 Save Search. Sent Requests. The Lateran Treaty is also referred to as the Lateran Pact of The Lateran Treaty was signed by Benito Mussolini as the Italian government representative and cardinal secretary of state Pietro Gasparri as the representative of the Holy See; and it was confirmed by the Italian constitution of But opposite to the expectations of many Italians that the Treaty would diminish the worldly power of the pope, instead it made the Church more internationally recognized.

Until today, the Treaty still has a clause that threatens Italians with a five year imprisonment in case someone tells a joke about the Pope. The Lateran Treaty had three parts, namely: a political treaty, which gave Vatican its own microstate; a financial convention, which gave Vatican compensations; and a concordat, giving the Holy See privileges within Italy and stating regulations establishing the relations between the Catholic Church and Italian state.

After the signing, a national holiday was declared in Vatican City. The Lateran Treaty was the birth of the independence of the Vatican as modern state.

The state of the Vatican City became a sovereign state with the pope as its recognized leader. The papacy recognized the state of Italy with Rome as its capital. On the other hand, Italy recognized papal sovereignty over the Vatican City and also secured full independence for the pope.

The status of the two states changed with each recognizing its territory and responsibilities.



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