Church and State in the Modern Age: A Documentary History

By J. F. MacLear | Go to book overview

15. The government renounces the right to an apostolic legation in Sicily, and to the appointment or nomination to the major benefices throughout the kingdom.

Bishops shall not be required to swear fidelity to the King.

Major and minor benefices may be conferred only upon Italian citizens, except in the city of Rome and in the subsidiary sees.

Nothing is changed with respect to the collation to benefices of royal patronage.

16. The exequatur and placet regio and all other forms of government authorization for the publication or execution of ecclesiastical acts are abolished.

But until otherwise provided by a special law mentioned in Art. 18, such exequatur and placet regio shall be required for acts disposing of ecclesiastical property and for appointments to major and minor benefices, except those in the city of Rome and in the subsidiary sees.

The provisions of the civil law relating to the creation and management of ecclesiastical institutions, and to the sale of their property, remain unchanged.

17. In matters of spiritual discipline there shall be no appeal from decisions of ecclesiastical authorities, nor shall such decisions be recognized or executed by the civil authorities.

The determination of the legal effects of such decisions and of other acts of the ecclesiastical authority shall belong to the civil authorities.

If, however, such acts are contrary to the laws of the state or opposed to public order, or encroach upon the rights of individuals, they shall be of no effect and shall be subject to the criminal laws, if they constitute offenses.

18. A future law shall provide for the reorganization, preservation and administration of the ecclesiastical property within the state. . . .

Source: Walter Fairleigh Dodd, Modern Constitutions ( Chicago, 1909), It, 16-21. Italian text in Gazzetta Ufficiale del Regno d'Italia, No. 134, May 15, 1871.


SUGGESTIONS FOR BACKGROUND AND REFERENCE

Cambridge Modern History ( New York, 1903- 1912), XI, 529-544.

E. E. Y. Hales, Pio Nono. A Study in European Politics and Religion in the Nineteenth Century ( New York, 1954), pp. 313-322.

S. W. Halperin, Italy and the Vatican at War ( Chicago, 1939).

A. Jemolo, Church and State in Italy 1850-1950 ( Oxford, 1960), pp. 28-52.

K. S. Latourette, Christianity in a Revolutionary Age ( New York, 1958- 1962), 1, 270-274.

G. Mollat, La question romaine de Pie VI d Pie XI ( Paris, 1932), pp. 282-367.

L. P. Wallace, The Papacy and European Diplomacy 1869-1878 ( Chapel Hill, N.C., 1948).


103
Ubi Nos (Extracts) May 15, 1871

As in Cavour's secret 1861 negotiations, the papacy rejected statutory guarantees as an adequate substitute for the freedom and security con-

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