1.4. Legislative Measures issued by the Church regarding Church Museums

The legislation of the Papal States of the first half of the 1800's, regarding the safeguarding and conservation of antiquities and works of art, confirmed the orders given earlier by the Pontiffs, beginning with the 15th century that were intended to limit the destruction of ancient Roman monuments and the dispersion of classical works. The legislation contains modern and innovative ideas regarding museums. The famous Chirograph (hand written letter) of Pius VII of 1 October 1802, proclaims that state institutions, established for this purpose, must "see that the Monuments, and beautiful works of Antiquity ... be conserved as real prototypes, and as examples of the Beautiful, in a religious manner and for public instruction and may be further increased with the discovery of other rare pieces...". (Pius VII, Chirografo sulla conservazione dei monumenti e sulla produzione di belle arti, October 1, 1802, contained in the Edict of the Camerlengo of S.R.C. Cardinal Doria Pamphilj [A. Emiliani, Leggi bandi e provvedimenti per la tutela dei beni artistici e culturali negli antichi stati italiani, 1571-1860, Bologna 1978, p. 110-125]). In fact, one can show that at the basis of the principle of inalienability and immovability of archeological finds from the confines of the State and of a large part of other artworks, lies the concept of their public use aimed at education. Consequently, the decision to use public funds is taken - even during times of financial restrictions - for "the acquisition of more interesting things to place in our Museums; sure that the expenditures directed to promote the Liberal Arts are largely compensated by the immense advantages that are drawn by the State and the inhabitants" (ibid., n. 10. The principles contained in the Chirograph are at the basis of the famous Edict of Cardinal Carmerlengo Bartolomeo Pacca, regarding antiquities and excavations, April 7, 1820 [A. Emiliani, Leggi, bandi e provvedimenti, ibid, pp. 130-145], that, with his regulations regarding excavations, conservation and circulation of ancient and modern artworks, is considered one of the foundations for modern legislation in regards to cultural heritage).

The instructions issued by the Holy See in the 20th century on the subject of museums are addressed to the Bishops of Italy but, by analogy, it is possible to consider them valid for the universal Church. Generally they do not address museums exclusively, but the museums are inserted into a broader context that includes archives, libraries and sacred art as a whole according to a perspective that considers the cultural goods also according to their pastoral dimension. One should recall here the Circular Letter of the Secretary of State dated 15 April 1923 that suggests "founding, where it still does not exist, and organizing properly a Diocesan Museum in the Bishop's House or in the Cathedral complex" (Secretary of State, Circular Letter to Bishops of Italy on the preservation, custody and use of Church archives and libraries, April 15, 1923). One should also recall the Letter sent by Cardinal Pietro Gasparri of 1 September 1924. This letter, while notifying Italian Bishops that the Pontifical Central Commission for Sacred Art in Italy has been introduced, recommends the establishment of a diocesan or regional Commission in every diocese and the establishment of Diocesan Museums..." (Secretary of State, Circular Letter to Bishops of Italy, September 1, 1924). Similar guidelines are issued by the Congregation of the Council in the Regulations of May 24, 1939 (Sacred Congregation for the Clergy, Regulations for the custody and conservation of historical and artistic sacred objects in Italy, May 24, 1939 [AAS 31 {1939} p. 266-268]) where the conservation of works otherwise destined for dispersion is the supreme aim of such institutions. The Pontifical Central Commission just mentioned, developed during those same years, in collaboration with state institutions, a series of auxiliary tools destined for Italian dioceses to facilitate the establishment and management of diocesan museums (Pontifical Central Commission for Sacred Art in Italy, Schema di regolamento per i Musei diocesani [G. Fallani, Tutela e conservazione del patrimonio storico e artistico della Chiesa in Italia, Brescia 1974, p. 225-229]; ibid., Schema di verbale di deposito in Musei statali [ibid., p. 229-230]; ibid., Schema di verbale di deposito in Musei non statali [ibid., p. 230-232]; ibid., Norme relative al prestito di opere d'arte di proprietá di Enti ecclesiastici [ibid., p. 232-235]).

The Circular Letter issued by the Congregation of the Clergy to the Presidents of the Episcopal Conferences of 11 April 1971, has an effective universal value since it recommends the conservation of those "works of art and treasures" no longer used due to liturgical reform in diocesan or inter-diocesan museums (Sacred Congregation for the Clergy, Circular Letter Opera Artis, ibid., n. 6).

However, neither the Code of Canon Law of 1917 nor the Code of 1983, and not even the Canons of the Oriental Churches mention museums, even if clear references are made regarding the protection and preservation of the artistic and historical patrimony (Codex Iuris Canonici [1983] {CIC}, can. 638 3, 1269, 1270, 1292, 1377 [donations, acquisitions and alienations]; can. 1189 [restoration of images]; can. 1220 2 and 1234 2 [security and exhibit of sacred and precious assets]; can. 1222 [reduction to profane use of a church no longer used for worship]; can. 1283 and 1284 [duties of the administrators; inventory]); (Codex Canonum Ecclesiarum Orientalium [1990] {CCEO}, can. 278 [protection]; can. 873 [reduction to profane use]; can. 887 1, 888, 1018, 1019, 1036 and 1449 [alienation]; can. 887 2 [restoration]; can. 1025 and 1026 [inventory]).

That the Church has now considered museums as places of cultural and pastoral activity, in the same way as libraries and archives, is a definite fact that one can see clearly in the Apostolic Constitution of 1988. The latter establishes the Pontifical Commission for the Cultural Heritage of the Church, underlining its task of cooperation with the particular churches and episcopal organisms in order to establish properly museums, archives, libraries, so that "the collection and the protection of the entire artistic and historical patrimony may be well carried out in all territories as well as placed at the disposal of everyone who has interest" (John Paul II, Apostolic Constitution Pastor Bonus, June 28, 1988 [AAS 80 {1988} p. 885-886] Art. 102).