According toCatholic tradition and historical records, the Holy See was founded in the first century bySaint Peter andSaint Paul. By virtue of the doctrines ofPetrine andpapal primacy, it is the focal point offull communion for Catholics around the world.[14] The Holy See is headquartered in, operates from, and exercises "exclusive dominion" over Vatican City, an independentcity-state enclaved inRome, and of which the pope is thehead of state.[15]
The Holy See is administered by theRoman Curia, which is composed of central institutions assisting the pope and through which the affairs of the Catholic Church are conducted.[16][17] The Roman Curia includes variousdicasteries, comparable to ministries and executive departments, with theCardinal Secretary of State as its chief administrator.Papal elections are carried out by members of theCollege of Cardinals.
Although the Holy See is oftenmetonymically referred to as the "Vatican", the Vatican City State was distinctively established with theLateran Treaty of 1929, agreed between the Holy See and Italy, to ensure thetemporal, diplomatic, and spiritual independence of the papacy.[18] As such,papal nuncios, who are papal diplomats to states and international organizations, are recognized as representing the Holy See andnot the Vatican City State, as prescribed in theCanon law of the Catholic Church. The Holy See is thus viewed as the central government of the Catholic Church and Vatican City.[17] The Catholic Church, in turn, is the largest non-government provider ofeducation andhealth care in the world.[19]
The word "see" comes from the Latin wordsedes, meaning 'seat', which refers to theepiscopal throne (cathedra). The term "Apostolic See" can refer to any see founded by one of the Twelve Apostles, but, when used with the definite article, it is used in the Catholic Church to refer specifically to the see of the Bishop of Rome, whom that Church sees as the successor of Saint Peter.[23] WhileSt. Peter's Basilica in Vatican City is perhaps the church most associated with the papacy, the actual cathedral of the Holy See is theArchbasilica of Saint John Lateran in the city of Rome.[note 3]
In the Roman Catholic Church, only the see of the Pope bears the right to be addressed symbolically as "holy".[24] However, there was one exception to this rule, represented by theBishopric of Mainz. During theHoly Roman Empire, the formerArchbishopric of Mainz (which was also ofelectoral andprimatial rank) had the privilege to bear the title of "the Holy See of Mainz" (Latin:Sancta Sedes Moguntina).[25]
Notwithstanding, the Holy See was represented in and identified as a "permanent subject of general customary international law vis-à-vis all states" in theCongress of Vienna (1814–1815).[26] The Papal States were recognised under the rule of the Papacy and largely restored to their former extent. Despite theCapture of Rome in 1870 by theKingdom of Italy and theRoman Question during theSavoyard era (which made the Pope a "prisoner in the Vatican" from 1870 to 1929), its international legal subject was "constituted by the ongoing reciprocity of diplomatic relationships" that not only were maintained but multiplied.
The Secretariat of State is the only body of the Curia that is situated within Vatican City. The others are in buildings in different parts of Rome that have extraterritorial rights similar to those of embassies.
Three tribunals exercise judicial power. TheRoman Rota handles normal judicial appeals, the most numerous being those that concern alleged nullity of marriage.[31] TheApostolic Signatura is the supreme appellate and administrative court concerning decisions even of theRoman Rota and administrative decisions of ecclesiastical superiors (bishops and superiors ofreligious institutes), such as closing a parish or removing someone from office. It also oversees the work of other ecclesiastical tribunals at all levels.[32] TheApostolic Penitentiary deals not with external judgments or decrees, but with matters of conscience, granting absolutions fromcensures, dispensations, commutations, validations, condonations, and other favors; it also grantsindulgences.[33]
One of Pope Francis's goals is to reorganize the Curia to prioritize its role in the church's mission to evangelize. This reform insists that the Curia is not meant to be a centralized bureaucracy, but rather a service for the Pope and diocesan bishops that is in communication with local bishops' conferences. Likewise more lay people are to be involved in the workings of the dicasteries and in giving them input.[34]
The Holy See does not dissolve upon a pope's death or resignation. It instead operates under a different set of lawssede vacante. During thisinterregnum, the heads of the dicasteries of the Curia (such as the prefects of congregations) cease immediately to hold office, the only exceptions being theMajor Penitentiary, who continues his important role regarding absolutions and dispensations, and theCamerlengo of the Holy Roman Church, who administers thetemporalities (i.e., properties and finances) of the See of St. Peter during this period. The government of the See, and therefore of the Catholic Church, then falls to theCollege of Cardinals.Canon law prohibits theCollege and the Camerlengo from introducing any innovations or novelties in the government of the church during this period.
In 2001, the Holy See had a revenue of 422.098 billionItalian lire (about US$202 million at the time), and a net income of 17.720 billion Italian lire (about US$8 million).[35] According to an article by David Leigh in theGuardian newspaper, a 2012 report from the Council of Europe identified the value of a section of the Vatican's property assets as an amount in excess of €680m (£570m); as of January 2013, Paolo Mennini, a papal official in Rome, manages this portion of the Holy See's assets—consisting of British investments, other European holdings and a currency trading arm. TheGuardian newspaper described Mennini and his role in the following manner: "... Paolo Mennini, who is in effect the Pope'smerchant banker. Mennini heads a special unit inside the Vatican called the extraordinary division of APSA –Amministrazione del Patrimonio della Sede Apostolica – which handles the 'patrimony of the Holy See'."[36]
The Holy See has been recognized, both in state practice and in the writing of modern legal scholars, as a subject ofpublic international law, with rights and duties analogous to those ofStates. Although the Holy See, as distinct from the Vatican City State, does not fulfill the long-established criteria in international law ofstatehood—having a permanent population, a defined territory, a stable government, and the capacity to enter into relations with other states[37]—its possession of full legal personality ininternational law is shown by the fact that it maintainsdiplomatic relations with 180[38] states, that it is amember-state[39] in variousintergovernmental international organizations, and that it is: "respected by the international community of sovereign States and treated as a subject of international law having the capacity to engage in diplomatic relations and to enter into binding agreements with one, several, or many states underinternational law that are largely geared to establish and preserving peace in the world."[40]
Sincemedieval times the episcopal see of Rome has been recognized as a sovereign entity. The Holy See (not the State of Vatican City) maintains formal diplomatic relations with and for the most recent establishment of diplomatic relations with 183 sovereign states,[38] and also with theEuropean Union, and theSovereign Military Order of Malta, as well as having relations of a special character with thePalestine Liberation Organization;[41][42] 69 of the diplomatic missions accredited to the Holy See are situated in Rome. The Holy See maintains 180 permanent diplomatic missions abroad, of which 74 are non-residential, so that many of its 106 concrete missions are accredited to two or more countries or international organizations. The diplomatic activities of the Holy See are directed by theSecretariat of State (headed by theCardinal Secretary of State), through the Section for Relations with States. There are 12 internationally recognized states with which the Holy See does not have relations.[note 5] The Holy See is the only European subject of international law that has diplomatic relations with the government of theRepublic of China (Taiwan) as representing China,[44][45] rather than the government of thePeople's Republic of China (seeHoly See–Taiwan relations).
The BritishForeign and Commonwealth Office speaks ofVatican City as the "capital" of the Holy See, although it compares the legal personality of the Holy See to that ofthe Crown in Christian monarchies and declares that the Holy See and the state of Vatican City are two international identities. It also distinguishes between the employees of the Holy See (2,750 working in theRoman Curia with another 333 working in the Holy See's diplomatic missions abroad) and the 1,909 employees of the Vatican City State.[21] TheBritish Ambassador to the Holy See uses more precise language, saying that the Holy See "is not the same as the Vatican City State. ... (It) is the universal government of the Catholic Church andoperates from the Vatican City State."[46] This agrees exactly with the expression used by the website of the United States Department of State, in giving information on both the Holy See and the Vatican City State: it too says that the Holy See "operates from the Vatican City State".[47]
Although the Holy See is closely associated with Vatican City, the independent territory over which the Holy See issovereign, the two entities are separate and distinct. After the Italian seizure of thePapal States in 1870, the Holy See had no territorial sovereignty. In spite of some uncertainty among jurists as to whether it could continue to act as an independent personality in international matters, the Holy See continued in fact to exercise the right to send and receive diplomatic representatives, maintaining relations with states that included the major powers Russia,Prussia, andAustria-Hungary. Where, in accordance with the decision of the 1815Congress of Vienna, theNuncio was not only a member of the Diplomatic Corps but its dean, this arrangement continued to be accepted by the other ambassadors. In the course of the 59 years during which the Holy See held no territorial sovereignty, the number of states that had diplomatic relations with it, which had been reduced to 16, actually increased to 29.[48]
The State of the Vatican City was created by theLateran Treaty in 1929 to "ensure the absolute and visible independence of the Holy See" and "to guarantee to it indisputable sovereignty in international affairs." ArchbishopJean-Louis Tauran, the Holy See's former Secretary for Relations with States, said that Vatican City is a "minuscule support-state that guarantees the spiritual freedom of the Pope with the minimum territory".[49]
The Holy See, not Vatican City, maintains diplomatic relations with states.[50] Foreign embassies are accredited to the Holy See, not to Vatican City, and it is the Holy See that establishes treaties andconcordats with other sovereign entities. When necessary, the Holy See will enter a treaty on behalf of Vatican City.
Though, like various European powers, earlier popes recruited Swiss mercenaries as part of an army, thePontifical Swiss Guard was founded byPope Julius II on 22 January 1506 as the personal bodyguards of the Pope and continues to fulfill that function.[51] It is listed in theAnnuario Pontificio under "Holy See", not under "State of Vatican City".[52] At the end of 2005, the Guard had 134 members. Recruitment is arranged by a special agreement between the Holy See and Switzerland. All recruits must be Catholic, unmarried males with Swiss citizenship who have completed basic training with theSwiss Armed Forces with certificates of good conduct, be between the ages of 19 and 30,[53] and be at least 175 centimetres (5 feet 9 inches) in height. Members are armed with small arms and the traditional halberd (also called the Swissvoulge),[54] and trained in bodyguarding tactics.[55]
A difference between the two coats of arms is that the arms of the Holy See have the gold key inbend and the silver key in bend sinister[58][59] (as in thesede vacante coat of arms and in the external ornaments of thepapal coats of arms of individual popes), while the reversed arrangement of the keys was chosen for the arms of the newly founded Vatican City State in 1929.[60]
The coat of arms of the Holy See also has no background shield, as can be seen on its official website and on theHoly See passports.[61]
^Although Saint John Lateran is legally within Rome, it is one of the properties of the Holy See grantedextraterritorial privileges.
^The Holy See is the central governing body of the Catholic Church and a sovereign entity recognized by international law, consisting of the Pope and theRoman Curia. It is also commonly referred to as "the Vatican", especially when used as ametonym for thehierarchy of the Catholic Church.
^"Holy See, The country brief".Department of Foreign Affairs and Trade (Government of Australia).Archived from the original on 20 February 2024. Retrieved20 February 2024.
^abUnited States. Department of State. Bureau of Public Affairs (1989)."The Holy See".Backgr Notes Ser:1–4.PMID12178005.Archived from the original on 23 January 2023. Retrieved28 August 2023.
^Direzione dell'Annuario Pontificio presso la Segreteria di Stato (2012).Annuario Pontificio (in Italian). Stato Città del Vaticano: Libreria Editrice Vatican. pp. 11–1019 (cf. full list of the Catholic sees).ISBN978-88-209-8522-6.
^Kersting, Hans (2003).MAINZ – tours on foot. Vol. 4. Bayerische Verlagsanstalt.ISBN978-3-89889-078-6.
^These criteria for statehood were first authoritatively enunciated at theMontevideo Convention on Rights and Duties of States, signed by American states on 26 December 1933.
^Robert Araujo and John Lucal, Papal Diplomacy and the Quest for Peace, the Vatican and International Organizations from the early years to theLeague of Nations, Sapienza Press (2004),ISBN1-932589-01-5, p. 16.See also James Crawford, The Creation of States in International Law, (1979) p. 154.
^Annuario Pontificio 2013 (Libreria Editrice Vaticana, 2013,ISBN978-88-209-9070-1), pp. 1307 (Rappresentanze Pontificie) and 1338 (Corpo Diplomatico presso la Santa Sede)
^Galbreath, Donald Lindsay (13 September 1930)."A Treatise on Ecclesiastical Heraldry". W. Heffer and sons, Limited.Archived from the original on 10 March 2024. Retrieved12 November 2020 – via Google Books.
Köck, Heribert F. (1975).Die Völkerrechtliche Stellung Des Heiligen Stuhls: Dargestellt an Seiner Beziehungen Zu Staaten Und Internationalen Organisationen. Berlin: Duncker und Humblot.ISBN978-3-428-03355-3.
Loomis, Louise Ropes (2006) [1916].The Book of the Popes (Liber Pontificalis): To the Pontificate of Gregory I. Merchantville, New Jersey: Evolution Publishing.ISBN978-1-889758-86-2.
Noble, Thomas; Strauss, Barry (2005).Western Civilization. Houghton Mifflin.ISBN978-0-618-43277-6.
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