BUILDINGS
42
BUILDINGS
a seminary, a college, a congregation of simple vows,
a hospital, a prison, etc. With these may be classed
the chapels of cardinals and of bishops.
III. Erection. — Basilicas, cathedrals, collegiate churches, and private oratories, may be erected only with the consent of the Holy See; other churches or oratories with the consent of the bishop. Never- theless the authorization given by a bishop to a religious order of solemn vows to establish a monas- tery in his diocese involves, unless there is a stipula- tion to the contrary, the right to construct a monas- tic church. On the other hand, all provincial superiors of religious orders have the power to open semi-public oratories for the use of their religious, and that without the authorization of the bishop (Bull of Gregory XIII, "Decet Romanum", 3 May, 1575, granted to the Society of Jesus and applicable likewise to all religious orders in virtue of the com- munication of privileges. Cf. Vermeerseh, De religiosis institute et personis, Bruges, 1902, I, 316). For the erection of a private oratory, even by religious, the authorization of the pope is necessary (C. S. R., 10 November, 1906; "Canoniste Contemporain", 1907, XXX. 109, 110). Congregations of simple vows may have but one semi-public or public oratory, with the authorization of the bishop. If they wish to erect several for the convenience of priests or of the infirm, it is necessary to obtain the consent of the Holy See (C. S. R., 8 March, 1879, Decreta, no. 3484).
The erection of every church on the other hand must be justified by its necessity, or by its use; it must not in any way prejudice the rights of churches already established (c. iii, De ecclesiis a>dificandis vel reparandis", X, III, xlviii, c. i, ii, iv, "De novi operis nuntiatione", X, V, xxxii; Friedberg, "Cor- pus juris canonici", Leipzig, 1881, II, 652, 843). The church should also be sufficiently endowed (c. viii, "De consecratione eeelesia? vel altaris", X, III, ad; Friedberg, II, 634). Practically it is suffi- cient that the church have at its disposal, e. g. through the gifts of the faithful, the revenues nec- essary for the maintenance of the building, the celebration of Divine service, and the support of its ministers (Bargilliat, Pradect. jur. can., Paris, 1900, II, 331). In certain countries the consent of the civil power is also needed. The building of a church cannot be begun before the bishop or his delegate has approved of the site, placed a cross there, and blessed the first stone (Pontificale Romanum, Pars II, De benedict, et imposit. prim, lapid. pro cccl. sedif.). The bishop can also reserve to himself the approval of the plans and conditions according to which the church is to be constructed (Wernz, Jus Decretal., Pome, 1901, III, 432, 433). To avoid useless ex- penditure and to prevent the parish priest from improvidently contracting debts, the Third Plenary Council of Baltimore enacted as a preliminary con- dition for the construction of a church, the consent of the bishop in writing (Acta et decreta Concilii Plenarii Baltimorensis, III, no. 279). The bishop has power to apply to the construction of his cathedral a part of the revenues, which in certain countries are annually assigned to him from the revenues of the differen! churches; the cathedral church being the ecclesia matrix, or mother-church of all those of the diocese, its construction is a work which interests the whole diocese (the Kighth Provincial, the Second Plenary, Councils of Baltimore, 1855 and 1866, and the Second Provincial Council of Australia, 1869; "Collectio Lacen is", Freiburg, 1875, III, 162, 429, 1078; also 200 202, 242, 1085). The bishop can even levy a subsidium charitativum for this pur-
i" i i lerate tax upon the revenues of the
churches and on those priests who enjoy ecclesias- tical benefices. In default of other resources the usual means is to collect money for this object, or
to ask the priests of the diocese for voluntary con-
tributions.
IV. Repair and Maintenance. — Originally the repairs of churches were incumbent upon the bishops, as administrators of all ecclesiastical goods. When, according to the ancient system, these goods were divided into four parts, one part was assigned to the Fabrica (see below) i. e. to the church building and its maintenance. Later, each church had its own patrimony, and one part of its goods was assigned to its maintenance. This charge was also incumbent upon the holders of the goods and revenues of the church. The Decretals sanctioned this obligation; at the same time they urged the people to help de- frav the expenses (c. i, iv, "De ecclesiis a?difican- dis", X, III, xlviii; Friedberg, II, 652, 653). Finally the Council of Trent (Sess. XXI. De ref., c. viii located more exactly the obligation to repair the parish churches (Permaneder, Die kirchliche Baulast, Munich, 1890, 1-18). By present ecclesiastical leg- islation the repairs of the church belong especially to the fabric, which must use the funds appropriated for that special purpose and if need be, its superfluous revenues (c. vi, "De ecclesiis sedificandis"j Friedberg, II, 654; Council of Trent, Sess. XXI, De ref., c. vii). These resources failing, the persons who possess the right of Patronage over the church must intervene, if they wish to preserve their privileges (Canones et decreta cone. Trid. ed. Schulte and Richter, Leipzig, 1853, 121, no. 4). This obligation rests also on all persons who enjoy part of the revenues of the church the tithe-owners, whether laymen or ecclesiastics, seculars or regulars, the parish priest, and all those who enjoy a benefice from the church. The parish- ioners themselves are bound to provide for the main- tenance of the church, each according to his means. In practice collections should be made for this ob- ject. These same principles apply to cathedral churches; in case the revenues of the church are in- sufficient, the bishop, the chapter, the clergy of the cathedral, and the inhabitants of the diocese ought to contribute for its support, (Sagmiiller, Lehrhuch des kathol. Kirchenrechts, Freiburg, 1900-04, 798, 799). For the support of his cathedral, as for its erection, the bishop can ask from his clergy a special aid or subsidium charitativum. Wherever these rules have been abrogated by other customs, the latter should be followed. In case of fire, the insurance might cover the damage. Hence special laws may make obligatory the insurance of churches (Acta et Decreta Concilii Baltimorensis III, no. 283). Chapels or churches belonging to congregations of regulars or to particular establishments, ought to be main- tained at the expense of these establishments. It sometimes happens that the civil power contributes to the support of churches, as well as to their con- struction. In reality such co-operation is often only a restitution of ecclesiastical property or revenues misappropriated by the civil government.
V. Consecration and Blessing. — Churches and oratories cannot be used for liturgical functions, without having first been consecrated or at least blessed. Cathedral and parish churches ought to be consecrated. However, in case of necessity they may be provisionally blessed (Kit. Rom., tit. viii, c. xxviii. Public oratories and other churches mav be conse- crated, though this is not necessary. They ought, however, to receive a solemn benediction. Private oratories, on the other hand, cannot receive such benediction; it is fitting, however, that the benedictio loci be given to them (op. cit. c. vi.) Some hold
that semi-public oratories which in exterior appear- ance resemble churches or chapels, and which arc definitely destined for Divine worship, may be solemnly consecrated (C. S. Et., 7 August, 1875; 5 June. 1899; Decreta. nos. 3364, W25). The custom of dedicating churches to the worship
