HOLY PLACES
### I. CONCEPT
An antonomastic designation, in Christian usage, of the places sanctified by the presence of Jesus in Palestine. At the sites where the deeds of the Redeemer, the Virgin, and the Apostles took place, sacred buildings—called sanctuaries—were often erected; hence the expression "holy places" often amounts to "sanctuaries." Holy places may be considered in relation to the importance of the memories they preserve, or to their historical authenticity, or to the sanctuary with which they are adorned, or to the rights held over them by those who possess and venerate them. From this last point of view, the so-called "question of the holy places" has developed, and it remains far from resolved even today.
From a religious standpoint, holy places that recall significant events in the life of the Redeemer (Nativity, Agony, Resurrection, etc.) are of greater interest than those that commemorate secondary events or those related to saints: the Pool of Siloam or Bethsaida, or the site of the conversion of St. Paul or the martyrdom of St. Stephen.
Judgment on their "authenticity" is based on two criteria: how a holy place corresponds to the Gospel data and how it is attested as such by ancient and consistent traditions. Only when both conditions are met is a holy place considered "authentic"; otherwise, it is commemorative and maintained by the piety of the faithful. Examples of the former are Bethlehem, Gethsemane, the Holy Sepulchre, etc.; of the latter, several stations of the Way of the Cross in Jerusalem. Naturally, among the vast array of holy places, there is a whole spectrum; the more they fulfill the two requirements, the greater their historical value. In any case, only moral certainty is attainable. For most holy places, literary evidence is lacking until the 4th century, but this gap can easily be filled by considering the uninterrupted series of bishops—who in early times were also relatives of the Lord—and the devotional movements attested from the 2nd century onward, as well as scholarly efforts initiated by Origen, despite the tragic events that afflicted Palestine in the early Christian centuries.
Until the Constantinian peace, with the exception of Sion (q.v.), only venerated holy places existed, whereas after that time sanctuaries began to be erected. In this period, members of the imperial family distinguished themselves: St. Helena and Constantine erected the sanctuaries of the Holy Sepulchre, the Eleona, Bethlehem, and Mambre; Eudocia built the Martyrium of St. Stephen; Justinian rebuilt Bethlehem. The clergy, monks, and foreigners who came to dwell in the holy places showed no less zeal. The greatest development occurred between the 4th and 6th centuries, and not only the Gospel texts but also apocryphal writings inspired the construction of sanctuaries. Many sanctuaries were destroyed by the Persian invasion (614); others, even if restored shortly afterward, were destined for decline with the Arab occupation of Palestine (634). During the Crusader period, the sanctuaries were rebuilt; but with the fall of the Latin kingdom, they were again abandoned. Only a few could be saved by the Latins of the Custody (q.v.) of the Holy Land, who restored them at the cost of large sums. In the past century, a new building movement began, which today is beginning to wane. The style in which the sanctuaries were erected was initially late Roman and Byzantine, then Romanesque, and in modern times Neo-classical, with a return to older styles. Notable is the trend, promoted by the Custody of the Holy Land and directed by the architect A. Barluzzi, to create sanctuaries designed to dispose the soul to the mystery, e.g., joy at Tabor, sorrow at Gethsemane, in an eclectic style.
Precisely because they are dear to Christians, holy places have often been the occasion of disputes among them for their possession and administration. The clergy has been and remains most involved; various governments have also taken an interest in safeguarding the rights of their nationals. Thus, conflicts arising from religious motives have also taken on a political aspect. During the Byzantine period, disputes over holy places were driven by theological motives; suffice it to recall the consecration of the Holy Sepulchre (335) and the assault on the Holy City by 10,000 monks (512–518). During the Crusader period, the Latins held preeminence, though without excluding other rites. Once Palestine was covered by the Arabs, and the Church had become divided into more or less national churches, disputes over rite and nation arose.
During the Manueline period, the Franciscans (from 1335) and the Georgians enjoyed greater rights, not without some conflicts between them, e.g., regarding Calvary (512). Under Turkish rule (1517–1919), the true struggle erupted, culminating in disgraceful incidents and wars between nations. One need only recall the Crimean War. The motive was that the Greeks, taking advantage of the advantages conferred by their subjection to the Turks, sought to exclude the Latins from all sanctuaries under the pretext that the Latins were foreigners. The European powers, led by France, generally favored the Latins, while Prussia supported the Greeks. The most intense struggles occurred from 1620 to 1690, and again partially in the 18th and 19th centuries. To bring some resolution, a *status quo* was established, but it was so vague that it failed to prevent renewed conflicts.
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II. PRESENT LEGAL STATUS OF THE HOLY PLACES
The resolution of 29 November 1947 by the United Nations General Assembly, which divided Palestine between Arabs and Jews and created a new international city, Jerusalem, provided for the internationalization of the holy places. However, this resolution has not been fully implemented for various reasons.
It contains five fundamental provisions:
1) No action shall be taken that infringes upon existing rights concerning holy places, buildings, or religious sites;
2) With regard to holy places, freedom of access, visitation, and transit shall be guaranteed, in accordance with existing rights, for all residents or citizens of the other State and of the city of Jerusalem, as well as for all foreigners, without distinction of nationality, except for reasons of national security or the maintenance of public order and tranquility;
3) Holy places, buildings, or religious sites shall be preserved. Any action liable in any way to compromise their sacred character shall be prohibited. If, in certain circumstances, the government deems urgent repairs necessary for a sanctuary, building, or religious site, it may invite the interested communities to carry out the repairs. If, within a reasonable time, their request is not heeded, the government may proceed with the repairs at the expense of the interested communities;
4) No taxes shall be levied on holy places, buildings, or religious sites that were exempt at the time of the establishment of the State. No modification in the incidence of taxes shall be made that constitutes discrimination among the owners or occupants of holy places, buildings, or religious sites, or places them in a less favorable position regarding the general incidence of taxes than existed at the time the Assembly's recommendations were adopted;
5) The Government of the city of Jerusalem shall have the right to determine whether the provisions of the State Constitution concerning holy places are being observed and applied. It shall also have the right to make all decisions relating to disputes among the various communities.
For the United Nations, it is necessary that religious peace reign around the Holy Places (l. s.), and since this appears to be established on the basis of the status quo, this must be preserved and, as it were, consecrated. Such is the thought, entirely pure, of the authors of the new international charter of the Holy Places. It matters little that certain present situations are due to spoliations and usurpations of the past; the essential thing is that the balance, achieved around the current positions, be preserved in the greatest interest of religious peace.
On 9 December 1949, the United Nations reaffirmed its intention to establish in Jerusalem a permanent international regime which provides adequate guarantees for the protection of the Holy Places both in Jerusalem and outside that city. On 4 April 1950, the United Nations Trusteeship Council approved the text of the new Statute for the city of Jerusalem. The State of Israel is opposed to the internationalization of Jerusalem as a separate entity from the rest of Israeli territory for economic and moral reasons, and instead proposes the extraterritoriality of individual sanctuaries, under the guardianship of a commissioner representing the United Nations locally.
The Arab State of Jordan refuses to accept the project of internationalizing Jerusalem, since it declares itself the protector of the Holy Places without the need for a special Statute and a separate government. On 15 January 1951, 'Abdallah, King of Jordan, appointed and installed Rajeb Nasasibi Pasha as "Inspector of the Haram es-Serif and High Custodian of the Holy Places." The consuls of England, America, Iran, Turkey, Lebanon, Greece, Holland, Denmark, and Switzerland were present; no consul from Catholic nations was in attendance.
Regarding the individual Holy Places, the current situation is as follows.
The sanctuaries in dispute with non-Catholic rites are three: the Holy Sepulchre, the Nativity in Bethlehem, and the tomb of the Virgin in the Valley of Josaphat. To these must be added the Holy Cenacle, contested by the Jews.
1. The Holy Sepulchre.
a) Places currently possessed by the Franciscans:
1) the southern half of Calvary;
2) the chapel of the Invention of the Cross and the staircase leading to it;
3) the altar of St Mary Magdalene and the surrounding space;
4) the altar and chapel of the Apparition of the Risen Jesus to the Virgin;
5) the small chapel, called the Spasimo or of the Franks, located in the southern part of Calvary, with the external staircase of the basilica of the Holy Sepulchre leading to the said chapel;
6) half of the gallery that encircles the Rotunda;
7) the gallery above the so-called seven arches of the Virgin;
8) the passage, on the same level as the previous gallery, leading up to the dome.
b) Places claimed by the Franciscans:
1) the entire edicule of the Holy Sepulchre;
2) the large lead dome and the smaller dome beneath it, which cover the Holy Sepulchre itself;
3) the entire floor surrounding the Holy Sepulchre, and the circular space between the pillars of the Rotunda and the wall, now occupied by rooms built by the Greeks after the fire of 1808;
4) the large arch separating the Rotunda from the central nave of the basilica, currently serving as the choir for the Latins when they celebrate their religious functions before the Edicule of the Holy Sepulchre;
5) the Stone of Unction and the floor surrounding it up to the main door of the basilica;
6) the room adjacent to the Stone of Unction, currently occupied by the Greeks;
7) the four lower arches forming the chapel of Adam, in front of which, until 1810, stood the tombs of Godfrey of Bouillon and Baldwin, removed by the Greeks;
8) the other five tombs of the Latin kings of Jerusalem, located at the foot of the wall enclosing the Greek choir;
9) the room beside the chapel of Adam;
10) the seven arches known as the Virgin’s;
11) the chapel known as the Prison of Christ;
12) the entire square in front of the door of the basilica.
2. The Sanctuary of the Nativity in Bethlehem.
a) Places currently possessed by the Franciscans:
1) the altar of the Manger (not to be confused with the nearby altar of the Nativity);
2) the silver star with a Latin inscription, embedded beneath the altar of the Nativity;
3) the asbestos draperies with the emblem of the Holy Land, covering the walls of the Grotto.
b) Places claimed by the Franciscans:
1) the entire great Constantinian Basilica, including the high altar, the presbytery, and the apse, except for the baptistery;
2) the entire Grotto of the Manger with the altar of the Nativity;
3) the two staircases leading to the Grotto of the Nativity;
4) the three keys to the three side doors of the Grotto;
5) the square in front of the basilica;
6) the adjacent cemetery;
7) the so-called Shepherds’ Grotto and the surrounding lands in the locality of Beth Sahur, not far from Bethlehem.
3. The Tomb of the Virgin.
This sanctuary in the Valley of Josaphat is claimed by the Franciscans:
1) in its entirety, including the altars of St Joseph, St Joachim, and St Anne;
2) in exclusive custody, while still allowing— as in past times— liturgical functions for other non-Catholic Eastern rites, upon their request.
4. The Holy Cenacle.
This sanctuary was in peaceful possession of the Franciscans until 1452; they were definitively expelled in 1551. At the end of the war of 1914–18, the Italian government was about to obtain the restitution of this sanctuary, when Britain intervened arbitrarily and had it included in the so-called "Question of the Holy Places." Today the Holy Cenacle is located in Israeli territory and is contested by the Jews against the Catholics.
5. Other sanctuaries exclusively held by the Franciscans:
1) Gethsemane;
2) the chapel of the Flagellation;
3) the oratory of the V Station of the Way of the Cross and that of the VII Station;
4) the grotto of Gethsemane;
5) "Dominus flevit" on the western slope of the Mount of Olives;
6) the site of the Baptism on the banks of the Jordan;
7) Bethphage;
8) in Bethlehem: the Grotto of the Virgin’s Milk, the House of St Joseph, and the Shepherds’ Field;
9) at 'Ajn Kárim: the sanctuary of St John Montana, that of the Visitation, and that of St John the Baptist in the desert;
10) at Emmaus-Qubejbeh: the house of St Cleophas;
11) at Ramleh: the sanctuary of St Nicodemus;
12) at Jaffa: the church of St Peter the Apostle, near the house of Simon the Tanner;
13) at Nazareth: the sanctuary of the Annunciation of the Virgin, the house and workshop of St Joseph, the Mensa Christi, the sanctuary of the Virgin’s Trembling, the chapel of St James the Greater in the so-called house of Zebedee, the Precipice;
14) the sanctuary of Naim;
15) Cana of Galilee;
16) at Sephoris: the sanctuary of St Anne (in ruins);
17) the sanctuary of the Transfiguration on Mount Thabor;
18) at Cana of Galilee also the house of St Bartholomew the Apostle;
19) at the Lake of Tiberias: the church of the Primacy of St Peter;
20) at Capernaum: the synagogue where Jesus taught;
21) at Damascus: the house of Ananias.
6. Other sanctuaries not fully possessed by the Franciscans:
1) in Jerusalem: the house of Anna and Caiaphas (Armenian Sisters);
2) at Bethany: the tomb of Lazarus (Muslims);
3) on the Mount of Olives: the site of the Ascension (Muslims);
4) St Anne (White Fathers).
7. Non-Franciscan sanctuaries:
1) The Dormition of the Virgin on Mount Zion (Benedictine Fathers);
2) in Jerusalem: the sanctuary of the beheading of St James the Greater (Armenians not in communion), St Stephen outside the Gate of Damascus (Dominican Fathers), the grotto of St Peter in Gallicantu (Assumptionist Fathers), the sanctuary of the Pater Noster (Carmelite Sisters);
3) at 'Ajn Kárim: the Virgin’s fountain;
4) at Jericho: the Mount of Quarantine (Greeks);
5) at Jaffa: the house of Simon the Tanner (mosque);
6) at Damascus: the house of Judas in the Vicus Rectus (mosque).