
Law of Guarantees
FREE Catholic Classes
(LA LEGGE DELLE GUARENTIGIE)
A name given to the law passed by the senate and chamber of the Italian parliament, 13 May, 1871, concerning the prerogatives of the Holy See , and the relations between State and Church in the Kingdom of Italy. The principal stipulations of the law may be summed up as follows:
The Italian government, which had declared that it entered Rome to safeguard the person of the Holy Father (Visconti-Venosta, circular of 7 September, 1870; the autograph letter of Victor Emanuel to Pius IX , dated 29 Aug., received 10 Sept.; again the king's answer to the Roman deputation which brought him the result of the plebiscite), and which, in the very act of invading pontifical territory, had assured the people that the independence of the Holy See would remain inviolate (General Cadorna's proclamation at Terni, 11 Sept.), felt obliged to secure in a legal and solemn way the executions of its aforesaid intention. It owed no less to its own Catholic subjects, and to Catholics the world over. Two ways were open to it for keeping its promise. It might call an international congress of all nations having a very large Catholic population, or it might pass a domestic Italian law. In the aforesaid circular of the minister Visconti-Venosta, addressed to all the powers, the former way was hinted at. But the unconcern of Catholic governments over the events that ended in the occupation of Rome put an end to all thought of consulting them; and so a domestic law was passed. Before its adoption, however, Pius IX, by a letter of his cardinal vicar, dated 2 March, 1871, protested against the law "in which", he said, "it was no easy task to decide whether absurdity, cunning, or contempt played the largest part".

The pope refused to recognize in the Italian government any right to grant him prerogatives, or to make laws for him. Indeed, each of the "concessions carried with it a special servitude, while later events proved that they were not intended to be seriously observed. In the Encyclical of 15 May following, the pope declared that no guarantees could secure him the liberty and independence necessary in the exercise of his power and authority. He renewed this protest at the consistory of 27 October. And it stands to reason that a law voted by two houses of Parliament could with equal ease be abrogated by them at will. Indeed, it has ever been part of the programme of the "Left" party in the Italian Parliament to suppress the Law of Guarantees. Pius IX, moreover, was unwilling to accept formally the arrangements made concerning the relations of Church and State, especially the Exequatur and the administration of ecclesiastical property. Moreover, if, as he hoped, the occupation of Rome was to be only temporary, the acceptance of this law seemed useless. Doubtless, too, such acceptance on his part would have been interpreted as at least a tacit recognition of accomplished facts, as a renunciation of the temporal power, and the property which had been taken from the Holy See (e.g. the Quirinal Palace). The abandonment of the "Apostolic Legation" in Sicily, for eight centuries an apple of discord between the Holy See and the Kingdom of Sicily (Sentis, "La Monarchia Sicula", Freiburg im Br., 1864), and the endowment granted the pope, were truly but slight compensation for all that had been taken from him. Consequently neither Pius IX nor his two successors have ever touched the aforesaid annual endowment, preferring to depend on the offerings of the faithful throughout the Catholic world. It may be added that the endowment was not sufficient to meet the needs of the Church, nor with their multiplication could it be increased.
A few years ago the question arose as to whether this untouched endowment would be confiscated by the Italian treasury at the end of every five years, as is usual with other public debts of the Kingdom of Italy. The "Civiltà Cattolica" maintained that it could not be confiscated, but the Italian courts long ago decided differently, when they rejected the claims of the heirs of Pius IX on the ground that as he had not accepted the endowment he had never come into possession of it. What need then of confiscating it? Pius IX expressly rejected this income, 13 November, 1872.
To all our readers,
Please don't scroll past this. We interrupt your reading to humbly ask you to defend Catholic Online School's independence. 98% of our readers don't give; they look the other way. If you are an exceptional reader who has already donated, we sincerely thank you. If you donate just $10.00, or whatever you can, Catholic Online School could keep thriving for years. Most people donate because Catholic Online School is useful. If Catholic Online School has given you $10.00 worth of knowledge this year, take a minute to donate. Show the world that access to Catholic education matters to you. Thank you.Help Now >
There is occasional controversy between writers on international law and on Italian ecclesiastical legislation over various matters connected with this law : whether in the eyes of the Italian government the pope is a sovereign, whether he enjoys the privilege of extraterritoriality (not expressly recognized to him, though granted to foreign embassies to the Holy See ), etc. As far as the Holy See is concerned these controversies have no meaning; it has never ceased to maintain its sovereign rights.

By the Grace of God, with the help of Montana Ranch and Cattle, Catholic Online School has become one of the fastest-growing, online K-Adult schools in the world. The school now has over 915,000 student enrollments from 193 countries. Click to Save 25% Now >
Join the Movement
When you sign up below, you don't just join an email list - you're joining an entire movement for Free world class Catholic education.
-
-
Saint of the Day for Sunday, Aug 14th, 2022
-
Prayer for the Assumption of Mary
-
Mysteries of the Rosary
-
Litany of the Blessed Virgin Mary
-
St. Maximilian Kolbe
-
Saints & Angels
-
The Apostles' Creed
-
Unfailing Prayer to St. Anthony
-
Prayer of the Day for Sunday, Aug 14
-
Female / Women Saints
FIVE Amazing Facts about your Catholic faith you didn't know!
-
Fill your Freezer with 'The Greatest Meat on Earth' during this special event!
-
Pope Francis calls desire for eternal youth 'delusional'
-
St. Dominic Invites us to Answer the Question, Who Is Jesus Christ to Me?
-
Fill your freezer with 'The World's Greatest Beef' at a Special Price with this Promo Code
Daily Catholic
Daily Readings for Monday, August 15, 2022
St. Alipius: Saint of the Day for Monday, August 15, 2022
Prayer to Our Lady, Assumed into Heaven: Prayer of the Day for Monday, August 15, 2022
- Daily Readings for Sunday, August 14, 2022
- St. Maximilian Kolbe: Saint of the Day for Sunday, August 14, 2022
- Children's Prayer for Parents: Prayer of the Day for Sunday, August 14, 2022
To all our readers,
Please don't scroll past this. We interrupt your reading to humbly ask you to defend Catholic Online School's independence. 98% of our readers don't give; they look the other way. If you are an exceptional reader who has already donated, we sincerely thank you. If you donate just $10.00, or whatever you can, Catholic Online School could keep thriving for years. Most people donate because Catholic Online School is useful. If Catholic Online School has given you $10.00 worth of knowledge this year, take a minute to donate. Show the world that access to Catholic education matters to you. Thank you.Help Now >
Copyright 2021 Catholic Online. All materials contained on this site, whether written, audible or visual are the exclusive property of Catholic Online and are protected under U.S. and International copyright laws, © Copyright 2021 Catholic Online. Any unauthorized use, without prior written consent of Catholic Online is strictly forbidden and prohibited.
Catholic Online is a Project of Your Catholic Voice Foundation, a Not-for-Profit Corporation. Your Catholic Voice Foundation has been granted a recognition of tax exemption under Section 501(c)(3) of the Internal Revenue Code. Federal Tax Identification Number: 81-0596847. Your gift is tax-deductible as allowed by law.