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Title: Naissance et développément d'une magistrature administrative: la Congrégation du Buon Governo de l'Etat Pontifical (16ème-19ème siècles)
Other Titles: Nascita e sviluppo di una magistratura amministrativa: la Congregazione del Buon Governo dello Stato Pontificio (secc. XVI-XIX)
Authors: Mancini, Flavia
Advisor: Conte, Emanuele
Di Paolo, Silvia
Collective rights
Papal States
Issue Date: 22-Dec-2017
Publisher: Università degli studi Roma Tre
Abstract: This PhD thesis aims to investigate the theme of the birth and development of modern state institutions, starting from the analysis of an organ of the temporal Church government, the Sacra Congregatio Boni Regiminis, established by Clement VIII in 1592 with the Bulla Pro Commissa a Domino, and responsible for the administration and management of the internal affairs of the Papal State until its suppression in 1847. The Papal State is in fact currently regarded by many academics as a real political laboratory/workshop, where institutional innovations intended to be placed and accepted by most of early modern States were tested. For this reason, a preliminary analysis examining the field of local administration seemed to be very useful and appropriate, as this matter shows how the Pope legitimizes his empire not only in the religious sphere, but also in the temporal one: cloaked in the spiritual robe, in the exercise of his powers, he pursues purely secular objectives. The study of a body as Buon Governo makes it possible to examine the phenomenon of the setting up of the modern state structures from a privileged point of view. This also allows us to focus on the relationship between central government and local communities. The action of Buon Governo relating to local/territorial administration testifies the reality of a body which is entrusted not only with structures typical of an actual ministry, with insightful administrative powers of supervision and control over local finances, but also with judicial competences and powers. Driven by this dual nature, the Papal temporal government thus reveals a configuration considered by Paolo Prodi as anticipatory of typical of modern states, showing an internal structure that branches out into organisms and systems capable of managing and exercising, even at the peripheral level, a very penetrating control on local realities. — 64 — As mentioned, since 16th century, the Papal State has demonstrated a certain precocity in the process of institutional modernization, an ideal substrate for the birth of the Buon Governo. The work of the Congregatio Boni Regiminis is organized on a double level: it is not only responsible for the management and administration in enforcing judgments emanating from the center, but it has also judicial functions and competences in relation to the same issues. Administrative functions are principally reflected in the supervision and control of local finances: in this way the Papal State gradually put in place a system of centralized financial control. The reality just described is clearly shown in particular in the field of common properties (woods, pastures, etc.): this is in fact one of the subjects in which the Sacra Congregatio exercises both functions and powers, proto-administrative and properly judicial. The issue of the ownership of common properties becomes crucial when they are wrongly involved in the Pope Pio VII economic reform program: the aim of the motu proprio of 19 march 1801, and the subsequent ones of 1803 and 1807, is in fact to transfer to the Papal State – and in particular to the Reverenda Camera Apostolica – all debts contracted and not honored by local institutions in exchange of the assignment of all their properties (“beni comunitativi”). Among them they were wrongly included also common properties: they belong to communities, and not to local institutions. In this way, common properties, of which people and individuals belonging to a given community are owners, and towards them local institutions arise only in terms of “exponential” entity (they only have representative powers), are mistakenly included in the act of “incameramento”, coming to determine in this way a series of appeals to the Buon Governo, responsible for managing all the Apostolic Camera fiscal operations. It’s important to note that in most cases the Buon Governo recognizes the ownership of these goods directly to people, and not to local institutions, establishing their exclusion from the process of “incameramento”, and their consequent restitution to local communities. The research has been and will be focusing on a tool widely used by the Buon Governo: the “Visit”. The analysis of this tool allow us to fully understand the twofold nature of this institution: born as exclusive tool of the spiritual sphere, the Visit takes shape and changes at the service of the Congregation, becoming in effect an administrative tool through which to exercise penetrating activity of control and surveillance. From the methodological point of view the study has been developping along two parallel lines. On one hand, undertaking a survey of the overall regulatory framework, from that doctrinal and jurisprudential, that allow us to focus on and identify not only the role and the objects of Buon Governo in its operational timeframe in which it operated, but also the general context within which this happened; on the other hand, establishing a direct dialogue with the sources, — 65 — through the study and analysis of the rich and heterogeneous documentation produced over the centuries by the Congregation itself and collected in its archives collection, currently preserved almost entirely in the homonymous fund at the State Archives in Rome, and partially also at the Vatican Secret Archives (fund ' Buon Governo ', 73 envelopes) and in the historical archives of the Vicariate of Rome (about 140 envelopes consistency). In this sense, the peculiar vicissitudes that have affected the fortunes of the archive itself over the centuries further testify the importance and role of this institution. Although today -after the final transfer in 1919 from the Vatican in Rome due to the work of Francesco Saverio Tuccimei –the archive is kept in almost complete form at the State Archives of Rome, it was indeed the subject of break-up and move to Paris in the Napoleonic era and subsequent rearrangement. The documentation that is found, collected almost in a wide miscellany of “Acts for places” (‘Atti per luoghi’), consists of heterogeneous acts, administrative or judicial in nature - suppliche, ristretti, memorie di parte, istanze - within the Congregation moves and operates, both as a proto-administrative institution, and a judicial authority. The research has been carried out to in the archive of the funds of Buon Governo at the State Archives in Rome and at the Vatican Library - in particular on the Series II and VIII, including both predominantly judicial acts. Of fundamental importance is the study of the Visit, administrative tool for monitoring and surveillance widely used by the Congregation. On the one hand, therefore, the goal is an up to date reconstruction of the birth and development of this body, through the examination of its papal legislative output and through the testimony offered by expert legal literature of the period, especially with the collection of decisiones of the Sacred Roman Rota by Petrus Andrea De Vecchis; on the other hand, the research on archival sources allow us to maintain a constant hands-on approach and a focus on case studies.
Access Rights: info:eu-repo/semantics/openAccess
Appears in Collections:Dipartimento di Giurisprudenza
T - Tesi di dottorato

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