2.4. The
Institution
The task of
coordinating, organizing, promoting what belongs to the patrimony of the Church
(CIC, can. 1257 1 - "All temporal goods which belong to the
universal Church, the Apostolic See, or other public juridic persons within the
Church are ecclesiastical goods and are regulated by the following canons as
well as by their own statutes", see CCEO, can. 1009 2) in the
respective Dioceses or in the Particular Churches they are a part of (CIC, can.
368 - "Particular Churches in which and from which exists the one and
unique Catholic Church are first of all dioceses; to which unless otherwise
evident are likened a territorial prelature, a territorial abbacy, an apostolic
vicarate, an apostolic prefecture, and an apostolic administration which has
been erected on a stable basis", see CCEO, can. 178), and thus
also that which belongs to a diocesan museum or other ecclesiastical museums
dependent on the dioceses, is the responsibility of the diocesan Bishop (CIC,
can. 381 1 - "A diocesan Bishop in the diocese committed to him
possesses all the ordinary, proper and immediate power which is required for
the exercise of his pastoral office except for those cases which the law or a
decree of the Supreme Pontiff reserves to the supreme authority of the Church
or to some other ecclesiastical authority". 2. "Unless it
appears otherwise from the nature of the matter or from a presciption of the
law, persons who head the other communities of the faithful mentioned in can.
368 are equivalent in law to a diocesan Bishop") who should be
properly assisted by the Diocesan Commission or by the Office for Sacred Art
and Patrimony. Reflecting the spirit of this Circular Letter, ecclesiastical
museums are to be considered among the instruments "placed at the service
of the mission of the Church" (John Paul II, Address of October 12,
1997, note n. 3), so they should become part of the diocesan pastoral project.
(In a general sense what refers to the cultural heritage enters into part of
the apostolic action of the Church cared for and promoted by the Diocesan
Ordinary. See CIC, can. 394 1 - "The Bishop is to foster the
various aspects of the apostolate within his diocese and see to it that wihtin
the entire diocese or within its individual districts all the works of the
apostolate are coordinated under his direction, with due regard for their
distinctive character". 2 - "He is to urge the faithful to
exercise the apostolate in proportion to each one's condition and ability,
since it is a duty to which they are bound; he is also to recommend to them
that they participate and assist in the various works of the apostolate in
accord with the needs of place and time", see CCEO, can. 203
1-2). The establishment of museum structures becomes necessary for the
conservation, protection, promotion of the artistic and historical patrimony.
In fact, "whenever such works be considered no longer suitable for
worship, they should never be destined to a profane use, but they should be
placed in an adequate place accessible to everyone, that is either a diocesan
or inter-diocesan museum". (Sacred Congregation for the Clergy, Circular
Letter Opera Artis, note n. 6. Council of administration and financial
management; 7. Secretariat and archives; 8. Custodians and personnel. Points
for the Regulation: 1. General Criteria for the acquisition of works; 2.
Inventorying the works;
3. Exhibition of the works; 4. Rule for photocoying; 5. Rules for loans; 6.
Opening hours and rules regarding visitors flow; 7. Security systems). The
museum must be instituted by the Bishop's decree and should possibly be given a
specific statute or rule that should indicate (* in the drafting of the
Statutes and Regulations one can indicatively keep in mind some aspects listed
below:
Points for the
constitution of a diocesan museum [and similarly for an ecclesiastical
museum]: 1. date of foundation, property; 2. institutional aims; 3. brief
description of the location and the collections; 4. director - nomination,
length of nomination, functions and competences; 5. the commission of the
museum: nomination of members and length, functions and competences; 6.
council of administration and financial management; 7. secretariat and
archives; 8. custodians and personnel. Points for the norms: 1. general
criteria for the acquisition of works; 2. inventorying the works; 3. exhibition
of the works; 4. rule for photocoying; 5. rules for loans; 6. opening hours and
rules regarding visitors flow; 7. security systems), respectively, first its
nature and aim, and second its structure and practical organization. No new
ecclesiastical museums can be established by ecclesiastical, public
or private entities, even if partially or totally financed by them, without the
consent of the competent diocesan Bishop.
In establishing a
museum, it would be wise, whenever possible, also to establish a specific
Committee made up of several experts and guided by a director nominated by the
Bishop. In accord with the competent Church authorities, he would look after
the organization of the museum spaces, the selection of material, the
strategies of exhibition, the relations with personnel, the instruction of visitors
and all that is required for an effective operation of an institution like
this. Particular attention should be focused on the availability of resources
and, in this respect, any public funding available.
Major Superiors of
religious institutes (see CIC, can. 620 - "Major superiors are
those who govern a whole institute, a province of an institute, some part
equivalent to a province, or an autonomous house, as well as their vicars.
Comparable to these are the abbot primate and superior of a monastic congregation,
who nonetheless do not have all the power which universal law grants major
superiors", see CCEO, can. 418) and societies of apostolic life
(see CIC [1983], can. 734 - "The governance of a society is
determined by the constituions, with due regard for cann. 617-633, according to
the nature of each society", see CCEO, can. 557) are those
responsible, by norm of their own right, for the patrimony belonging to their
respective institutions. They fulfill their task with the aid of the local Superior, next to whose house
the museum is founded. The norms indicated for the coordination, organization,
and management of museums should be applied also to museums belonging to
religious institutions and to societies of apostolic life, while keeping in
mind civil laws established in this regard and the rules of the lifestyle of
the members of the respective institution in charge of the museum.
In accordance with the
indications outlined in the Circular Letter on the Patrimony of Religious
Institutes addressed to General Superiors by our Pontifical Commission (see
Pontifical Commission for the Cultural Heritage of the Church, Circular Letter The
Cultural Heritage of Religious Institutes, April 10, 1994, Prot. N.
275/92/12 [Enchiridion Vaticanum 14/918-947]), it would be advisable
that collaboration be established whenever possible between dioceses and
communities, as well as a common orientation in regards to the cultural
patrimony in general and ecclesiastical museums in particular. (CIC [1983],
can. 678 3 - "In organizing the works of the apostolate of religious,
it is necessary that diocesan Bishops and religious superiors proceed after
consultation with each other", see CCEO, can. 416). If then the
museum structure should assume public connotations one should follow the
regulations and orientations issued by the diocesan Bishop.
In the case where the
diocesan museum should be assigned to the care of a religious institution, the
dispositions foreseen by can. 681 should be observed. (See Codes Iuris Canonici
[1983], can. 681 1 - "Works which are entrusted to religious by the
diocesan Bishop are subject to the authority and direction of this same Bishop,
with due regard for the right of religious superiors according to the norm of
can. 678 2, 3"; 2. "In these cases a written agreement is to be drawn
up between the diocesan Bishop and the competent superior of the institute,
which, among other things, expressly and accurately defines what pertains to
the work to be carried out, the members to be devoted to this, and economic
matters". See CCEO, can. 415 3).
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