Concordat of 1940
Encyclopedia
The Concordat of 1940 was an agreement between Portugual and the Holy See
of the Roman Catholic Church
. The concordat
was signed in Vatican City on 7 May 1940. Because it was concluded with the government of the Portuguese Second Republic, a dictatorship under António de Oliveira Salazar
, its ratification, as shown by the concordat's last article, was a foregone conclusion.
Salazar’s regime had overthrown the democratic First Republic
, which on 20 April 1911 had enacted the Law of Separation of the Catholic Church from the Portuguese state. Salazar, however, restored much of the power of the Church, which was reflected in the concordat. It gives the Church exclusive control over religious instruction in the public schools. Only Catholic clergy could serve as chaplains in the armed forces. Divorce, which had been legalized by the First Republic, was again made illegal for those married in a Catholic church. The Church was given formal “juridical personality,” enabling it to incorporate and hold property, and it was permitted to operate in accordance with its own Canon Law
. For its part, the state retains, in Article 10, the right to a political veto of prospective bishops. Regal control over ecclesiastical appointments was part of the “Padroado Real, that is, the exclusive royal prerogative granted by the Pope to the Portuguese crown to evangelize in the Far East
and elsewhere.” Thus the veto right in this concordat is a nod to the privilege of Iberian kings and served to legitimize Salazar's regime.
On immediate result of the concordat was that on June 13, 1940, Pope Pius XII issued the encyclical Saeculo Exeunte Octavo, which appealed to Portuguese national feelings.
Although Salazar died in 1968, the Second Republic continued until 1974. Thus the Canon Law marriage prescribed by Article 24 outlived him and it continued to prevent Catholics from obtaining a civil divorce until 1975 when a Protocol to the Concordat (implemented the next year) finally allowed it.
Holy See
The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...
of the Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
. The concordat
Concordat
A concordat is an agreement between the Holy See of the Catholic Church and a sovereign state on religious matters. Legally, they are international treaties. They often includes both recognition and privileges for the Catholic Church in a particular country...
was signed in Vatican City on 7 May 1940. Because it was concluded with the government of the Portuguese Second Republic, a dictatorship under António de Oliveira Salazar
António de Oliveira Salazar
António de Oliveira Salazar, GColIH, GCTE, GCSE served as the Prime Minister of Portugal from 1932 to 1968. He also served as acting President of the Republic briefly in 1951. He founded and led the Estado Novo , the authoritarian, right-wing government that presided over and controlled Portugal...
, its ratification, as shown by the concordat's last article, was a foregone conclusion.
Salazar’s regime had overthrown the democratic First Republic
Portuguese First Republic
The Portuguese First Republic spans a complex 16 year period in the history of Portugal, between the end of the period of constitutional monarchy marked by the 5 October 1910 revolution and the 28 May coup d'état of 1926...
, which on 20 April 1911 had enacted the Law of Separation of the Catholic Church from the Portuguese state. Salazar, however, restored much of the power of the Church, which was reflected in the concordat. It gives the Church exclusive control over religious instruction in the public schools. Only Catholic clergy could serve as chaplains in the armed forces. Divorce, which had been legalized by the First Republic, was again made illegal for those married in a Catholic church. The Church was given formal “juridical personality,” enabling it to incorporate and hold property, and it was permitted to operate in accordance with its own Canon Law
Canon law (Catholic Church)
The canon law of the Catholic Church, is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code and principles of legal interpretation. It lacks the necessary binding force present in most modern day legal systems. The academic...
. For its part, the state retains, in Article 10, the right to a political veto of prospective bishops. Regal control over ecclesiastical appointments was part of the “Padroado Real, that is, the exclusive royal prerogative granted by the Pope to the Portuguese crown to evangelize in the Far East
Far East
The Far East is an English term mostly describing East Asia and Southeast Asia, with South Asia sometimes also included for economic and cultural reasons.The term came into use in European geopolitical discourse in the 19th century,...
and elsewhere.” Thus the veto right in this concordat is a nod to the privilege of Iberian kings and served to legitimize Salazar's regime.
On immediate result of the concordat was that on June 13, 1940, Pope Pius XII issued the encyclical Saeculo Exeunte Octavo, which appealed to Portuguese national feelings.
Although Salazar died in 1968, the Second Republic continued until 1974. Thus the Canon Law marriage prescribed by Article 24 outlived him and it continued to prevent Catholics from obtaining a civil divorce until 1975 when a Protocol to the Concordat (implemented the next year) finally allowed it.