Ecclesiastical Buildings

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This term comprehends all constructions erected for the celebration of liturgical acts, whatever be the name given to them:-- church,chapel, oratory, basilica, etc. The subject will be treated under the following heads:

I. History
II. Division
III. Erection
IV. Repair and Maintenance
V. Consecration and Blessing
VI. Immunity
VII. Church Fabric

History

In the earliest days of theChristian religion, there were no buildings speciallyconsecrated to Eucharistic worship; the assemblies forliturgical service were held in private houses (Acts 2:46;Romans 16:5;1 Corinthians 16:15;Colossians 4:15;Philemon 2). The assemblies which the firstChristians held in theTemple of Jerusalem, in thesynagogues or even in hired halls, were assemblies for instruction or forprayer (Acts 5:12-13;17:1-2;19:9). At the end of the second century and even later, during the period ofpersecution, assemblies forChristian worship were still held in private houses. During this epoch, however, we begin to hear of thedomus ecclesiae (the house of theChurch), an edifice used for all the services of theChristian community, in which one apartment was specially set apart for Divine worship. At an earlydate this apartment took on a special importance. During the third century the other parts of the building were detached from it and thedomus ecclesiae became theDomus Dei (the house ofGod) known also as theDominicum or thekyriakon oikon (Duchesne, Origines du culte chrétien, 399-400, Paris, 1902; Wieland, Mensa und Confessio: Studien uber den Altar der altchristlichen Liturgie,Munich, 1906, I, 27-35, 68-73). All such churches were situated in towns, and the inhabitants of the rural districts came thither on theLord's Day, in order to assist at the Eucharistic Sacrifice; in large cities, likeRome, Alexandria, and Carthage, there are several churches, but they did not constitute separateparishes (Duchesne, 400; Wieland, 73-76). They depended upon thecathedral church, in which was established thesee (sedes), or the chair (cathedra) of thebishop. There were, however, since the second century, outside the cities, mortuary churches attached to theChristian cemeteries. Here were celebrated the funeral rites, also the anniversary commemorations of the departed, but not the ordinary offices of Divine worship. Sanctuaries were also erected over the sepulchres of themartyrs, and popular devotion brought thither a large concourse of people, not only for the celebration of the anniversary, but at other times as well. The necessity of providing accommodation for these gatherings, as well as the desire tohonour thesaint, led to the construction of buildings, sometimes large and richly adorned. These churches multiplied when the people began to accord to anyrelic whatever, to a piece of cloth stained with his blood, to a phial of oil drawn from the lamp that burned constantly before his sepulchre, etc., the veneration at first given only to his burial place. These were the churches of"relics". They prevailed finally to such an extent that today every church must haverelics in each of its altars (Duchesne, 402-403). It is almost universally recognized at the present day that only on exceptional occasions did thecatacombs serve for ordinary worship even during the times ofpersecution. They were used solely for funeral services and for the celebration of the festivals ofmartyrs (Wieland, 81-100).

That churches existed in rural districts as early as the fourth century is undeniable. Priests went thither periodically to administer thesacraments. In the fifth century, however, on account of the increase in the number of thefaithful, it becamenecessary to station residentpriests in such districts. This was the origin ofparish churches, which were established by thebishops in the most populous districts, thevici, and were known asecclesiae rusticanae, parochitanae, diocesanae, diocesis, parochia, ecclesiae baptismates, because in these churches only could theSacrament of Baptism be administered; they were also termedtituli majores to distinguish them from the private churches, ortituli minores (Imbart de la Tour, Les paroisses rurales du IVe au XIIe siècle, Paris, 1900). In addition to these churches of thevici, the owners of thevillae or great estates founded churches for their own use and for that of thepersons connected with their establishments. Such churches could not be used for Divine worship without the consent of the localbishop, who was wont to exact from the proprietor a renunciation of allrights of possession. Theecclesiastical authority, however, was not long able to resist the proprietors, who from the seventh and eighth centuries retained the proprietary right over the churches they had built. These were calledoratoria, basilicae, martyria, ortituli minores, and were in no respectparish churches, because in thembaptism could not be administered; moreover, on certain solemn days, thefaithful wereobliged to assist at Mass in theparish church. Neither did these churches receive anytithes. From theCarlovingian period, however, such private churches gradually becameparish-churches. Some authors contend that from that epoch all churches became the privateproperty of thelaity, or ofconvents, orbishops. Theecclesiastical reforms of the eleventh and twelfth centuries brought this condition of things to all end. TheSecond Lateran Council (1139) commanded alllaymen, under pain ofexcommunication, to resign to thebishops the churches in their possession. (Mansi, "Coll. Conc." XXI, 529-532; Stutz, "Geschichte des kirchl. Benefizialwesens",Berlin, 1895, I; Hinschius, "System des kath. Kirchenrechts",Berlin, 1878, II, 262-269, 277- 281; Imbart de la Tour, op. cit.) Even within theparishes, for the benefit of thefaithful, there were established at various times,chapels which did not enjoy the prerogatives ofparish churches, and were more or less dependent upon the latter (Von Scherer, Handbuch des Kirehenrechtes, Graz, 1898, II, 627). In addition to churches specially intended for the use of thefaithful, others known asoratories were erected in themonasteries; they acquired a greater importance when the majority of themonks wereordainedpriests, still more when the exclusive privileges of theparish churches suffered diminution. Suchoratories were also common in beneficent andcharitable institutions. Themedieval corporations (guilds) which were also religious confraternities, had sometimes their own specialchapels (Viollet, Histoire des institutions politiques de laFrance, Paris, 1903, III,143-176).

Division

Ecclesiastical buildings are usually divided into four classes:

This division was confirmed by the Congregation of Rites, 23 January, 1899 (Decreta authent. Congreg sacr. Rit. no. 4007, Rome, 1900). Churches are edifices set apart in perpetuity for the public exercise of Divine worship; such arebasilicas,primatial,metropolitan,cathedral, collegiate andparish churches, and lastly the conventual churches of regulars, properly so called. Publicoratories are buildings of less importance, definitely given over to Divine worship, and accessible to the public, whether the entrance itself be upon the public road or upon a passage-way leading to the latter. A private oratory is one established in favour of a particularfamily or even of a single individual. Finally, a semi-public oratory is established for the benefit of a number of people; such is thechapel of aseminary, acollege, a congregation of simplevows, ahospital, aprison, etc. With these may be classed thechapels ofcardinals and ofbishops.

Erection

Basilicas,cathedrals, collegiate churches, and privateoratories, may be erected only with the consent of theHoly See; other churches ororatories with the consent of thebishop. Nevertheless the authorization given by abishop to areligious order of solemnvows to establish amonastery in hisdiocese involves, unless there is a stipulation to the contrary, theright to construct a monastic church. On the other hand all provincial superiors ofreligious orders have the power to open semi-publicoratories for the use of their religious, and that without the authorization of thebishop (Bull ofGregory XIII, "Decet Romanum", 3 May, 1575, granted to theSociety of Jesus and applicable likewise to allreligious orders in virtue of the communication of privileges. Cf. Vermeersch, De religiosis institutis et personis,Bruges, 1902, I, 316). For the erection of a private oratory, even by religious, the authorization of thepope isnecessary (C.S.R., 10 November, 1906; "Canoniste Contemporain", 1907, XXX, 109, 110). Congregations of simplevows may have but one semi-public or public oratory, with the authorization of thebishop. If they wish to erect several for the convenience ofpriests or of the infirm, it isnecessary to obtain the consent of theHoly 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 therights of churches already established (c. iii, "De ecclesiis aedificandis vel reparandis", X, III, xlviii, c. i, ii, iv, "De novi operis nuntiatione", X, V, xxxii; Friedberg, "Corpus juris canonici", Leipzig, 1881, II, 652, 843). The church should also be sufficiently endowed (c. viii, "De consecratione ecclesiae vel altaris", X, III, xl; Friedberg, II, 634). Practically it is sufficient that the church have at its disposal, e.g. through the gifts of thefaithful, the revenuesnecessary for the maintenance of the building, the celebration of Divine service, and the support of itsministers (Bargilliat, Praelect. jur. can., Paris, 1900, II, 331). In certain countries the consent of thecivil power is also needed. The building of a church cannot be begun before thebishop or his delegate has approved of the site, placed a cross there, and blessed the first stone (Pontificate Romanum, Pars II, De benedict. et imposit. prim. lapid. pro eccl. aedif.). Thebishop can also reserve to himself the approval of the plans and conditions according to which the church is to be constructed (Wernz, Jus Decretal., Rome, 1901, III, 432, 433. To avoid useless expenditure and to prevent theparishpriest from improvidently contractingdebts, the ThirdPlenary Council of Baltimore enacted as a preliminary condition for the construction of a church, the consent of thebishop in writing (Acta et decreta Concilii Plenarii Baltimorensis, III, no. 279). Thebishop has power to apply to the construction of hiscathedral a part of the revenues, which in certain countries are annually assigned to him from the revenues of the different churches; thecathedral church being theecclesia matrix, or mother-church of all those of thediocese, its construction is a work which interests the whole diocese (the Eighth Provincial, the Second Plenary, Councils ofBaltimore, 1855 and 1866, and the SecondProvincial Council of Australia, 1869; "Collectio Lacensis", Freiburg, 1875, III, 162, 429, 1078; also 200-202, 242, 1085). Thebishop can even levy asubsidium charitativum for this purpose, i.e a moderate tax upon the revenues of the churches and on thosepriests who enjoyecclesiastical benefices. In default of other resources the usual means is to collect money for this object, or to ask thepriests of thediocese forvoluntary contributions.

Repair and maintenance

Originally the repairs of the churches were incumbent upon thebishops, as administrators of allecclesiastical goods. When, according to ancient custom, these goods were divided into four parts, one part was assigned to theFabrica (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. TheDecretals sanctioned thisobligation, at the same time they urged the people to help defray the expenses (c. i. iv, "De ecclesii aedificandis", X, II, xlviii; Friedberg, II. 652, 653). Finally theCouncil of Trent (Sess. XXI, De ref. c. vii) located more exactly theobligation to repair theparish churches (Permander, Die kirchliche Baulast,Munich, 1890, 1-18). By presentecclesiastical legislation 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 aedificandis"; Friedberg, II, 654; Council of Trent, Sess. XXI, De ref. c. vii). These resources failing, thepersons who possess the right of patronage over the church intervene if they wish to preserve their privileges (Canones et decreta conc. Trid. ed. Schulte and Richter, Leipzig, 1853, 121, no. 4). Thisobligation rests also on allpersons who enjoy part of the revenues of the church the tithe-owners, whetherlaymen orecclesiastics, seculars or regulars, theparishpriest, and all those who enjoy abenefice from the church. The parishioners themselves are bound to provide for the maintenance of the church, each according to his means. In practice collections should be made for this object. These same principles apply tocathedral churches; in case the revenues of the church are insufficient, thebishop, the chapter, theclergy of thecathedral, and the inhabitants of thediocese ought to contribute for its support (Sägmüller, Lehrbuch des kathol. Kirchenrechts, Freiburg, 1900-04, 798, 799). For the support of hiscathedral, as for its erection, thebishop can ask from hisclergy a special aid orsubsidium 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 speciallaws may makeobligatory 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 maintained at the expense of these establishments. It sometimes happens that thecivil power contributes to the support of churches, as well as to their construction. In reality such co-operation is often only a restitution ofecclesiastical property or revenues misappropriated by the civil government.

Consecration and blessing

Churches andoratories cannot be used forliturgical functions, without having first beenconsecrated or at least blessed. Cathedral andparish churches ought to beconsecrated. However, in case of necessity they may be provisionally blessed (Rit. Rom., tit. viii, c. xxvii). Publicoratories and other churches may beconsecrated, though this is notnecessary. They ought, however, to receive a solemn benediction. Privateoratories, on the other hand, cannot receive such benediction; it is fitting, however, that thebenedictio loci be given to them (op. cit. c. vi.) Some hold that semi-publicoratories which in exterior appearance resemble churches orchapels, and which are definitely destined for Divine worship, may be solemnlyconsecrated (C.S.R., 7 August, 1875, 5 June, 1899; Decreta, nos. 3364, 4025). The custom of dedicating churches to the worship ofGod by a solemnceremony is very ancient. In his Ecclesiastical History (X, iii, iv)Eusebius describes the dedication, in 314, of the church erected by Constantine atTyre, at which time, however, there was no special rite for that purpose. AtRome in the sixth century, the dedication consisted in the public celebration of a solemn Mass, and if it was a church which was to containrelics, these latter were brought to the church in solemn procession. It seems that at the same period, there existed a special rite ofconsecration inGaul. In their brief outlines, the present ceremonies are derived from a combination of the rites used inFrance and inRome, a combination which had already been made before the beginning of the eighth century (Duchesne, op. cit., 403-418). Theconsecration or dedication is performed according to the rite prescribed in the "Pontificale Romanum" (De ecclesiae dedicatione seu consecratione) by thebishop, or by apriest delegated for that office by theHoly See. The essential rite of this dedication consisting in the anointing of the twelve crosses upon the walls withholy chrism, and the recitation of the wordsSanctificetur, etc. (Wernz, III, 437). It is not permitted toconsecrate a church without at the same time consecrating thehigh altar, or, if this has already been consecrating another fixed altar. If all the altars have beenconsecrated, it will benecessary to ask the authorization of theHoly See. Without theconsecration, however, of an altar, theconsecration of the church will not be invalid (C.S.R., 12 August, 1854; 3 March, 1866, 19 May 1896, Decreta, nos. 3025, 3142, 3907). When the public authorities forbid the performance of the prescribed ceremonies outside the church, apontifical indult must be obtained, except in case of necessity; such ceremonies must then be performed in thesacristy or some other dependency of the church (C.S.R., 22 February, 1888; Decreta, no. 3687). A church built of wood cannot beconsecrated (C. S. R., 11 April, 1902; "Canoniste contemporain", 1902, XXV, 495).

The vigil of the day ofconsecration is a fast-day ofobligation for thebishop and for those who have asked for theconsecration of the church (C.S.R., 29 July, 1780, 12 September, 1840; Decreta nos. 2519, 2821; Reply of the Holy Office, 14 December, 1898; "Acta Sanctae Sedis", 1898-99, XXXI, 533). Thefeast of the dedication must be celebrated every year on the anniversary day of theconsecration. The Bishop may, if he chooses, fix another day; but this he should on the very day on which he consecrates the church (C.S.R. 19 September, 1665, 23 May, 1834; Decreta, nos 1321, 2719). While this feast should be celebrated by all theclergy connected with theconsecrated church, the anniversary of the dedication of thecathedral ought to be celebrated by all thesecular clergy of thediocese, and by all the regulars all the episcopal city (C.S.R., 12 September 1884, 9 July, 1895; Decreta, nos. 3622, 3863). If the exactdate of the anniversary is unknown, the most probable date should be chosen until such time as the date can be determined withcertainty (C.S.R. 14 June, 1608, 13 March, 1649; Decreta, nos. 261, 920). Thebishop may fix a day if the right one be completely unknown (C.S.R., 18 August, 1629; 3 March, 1674; 27 November, 1706; 12 March, 1735; Decreta, nos. 511, 1498, 2174, 2313). TheHoly See sometimes permits the celebration of the anniversary of the dedication of thecathedral church and of all the churches of thediocese on the same day. All theclergy of thediocese are then bound to celebrate this festival (C.S.R., 29 November, 1878; Decreta, no. 3469).

The solemn benediction is a rite inferior toconsecration. It is performed by apriest delegated by thebishop for that purpose (Rit. Rom. tit. viii, c. xxvii). It consists in the sprinkling of the upper and lower parts of the walls of the church withholy water, and in theprayers which accompany this action (Wernz, III, 437). A newconsecration or benediction of a church or oratory ought to be made in the case of execration ordesecration, that is to say, when the building has lost itsconsecration or benediction. This is the case when eccleciastical buildings have been definitely put to profane uses (Council of Trent, Sess. XXI, De ref. c. vii.); similarly, in accordance with modern discipline, if almost the entire church or a large portion of the walls have been destroyed or renewed (C.S.R., 14 September, 1875; Decreta, no. 3372). Successive alterations and repairs, however, even though considerable, as also the renewal of the roof, are not to be regarded as execration (C.S.R., 31 August, 1872, Decreta, no. 3269). Theconsecration affects the entire building, but especially the walls; the removal, therefore, of the anointed crosses or even of the interior plastering (intonaco) of the walls, does not necessitate a newconsecration (C.S.R., 13 July, 1883; 19 May, 1896; Decreta, nos. 3584, 3907). The same principles are applicable to churches that have been solemnly blessed this benediction affects the walls rather than the pavement of the church. If, however, thebelief was that the benediction attached itself to the pavement the mere destruction of the walls would not have the effect of producing the execration of the church (Wernz, III, 441 442).

Widely different fromdesecration is thepollutio of a church. This is a defilement of the church which prevents the celebration of the Divine offices until the church has been reconciled or purified. Thepriest is bound to interrupt the celebration of Mass, if the church in which he is celebrating is polluted before he has commenced the Canon (Missale Romanum, De defectibus in celebratione missarum occurrentibus, X). A church is polluted by every kind ofhomicide even by a case of capital punishment, or byvoluntarysuicide committed in the church, but the wound must have been inflicted within the church and, according to some authors, death must have taken place there. A church is likewise polluted when a considerable quantity of blood has been wilfully and culpably spilled within it, or when theeffusio seminis humani has taken place, wilfully and in a seriously culpable manner (c. iv, x, De consecratione ecclesiae, X, III xi; Fridberg, II, 634- 635). In like manner also a church is polluted by the burial within it of an infidel, or of aperson who has beenexcommunicated (excommunicatus vitandus) (c. vii, loc. cit.; Bargilliat, II, 343-344), not, however, by the burial ofcatechumens, and perhaps not by that of unbaptized infants born ofbaptizedparents (C.S.R., 23 April, 1875; Decreta, no 3344).

It is important to remark that the reconciliation must be performed only when the pollution has been public. A church that has been solemnly blessed can be reconciled by apriest, according to the ceremonies prescribed in the "Rituale Romanum" (tit. viii, c. xxviii). Many authors, however, affirm that thepriest should be delegated by thebishop and the Congregation of Rites has given a decision to the same effect (8 July, 1904, Canoniste Contemporain, 1904, XXIV, 683). A church that has beenconsecrated can be reconciled only by thebishop, or by apriest delegated by theHoly See, and with water blessed by thebishop. This privilege as has been granted to exempt religious (Bull ofLeo X, "Religionis", 3 February, 1514). ThePropaganda grants tobishops in missionary countries the power to delegate topriests theright to reconcile aconsecrated church, but the water employed must beblessed by thebishop or, in case of necessity, by apriest (Bargilliat, II, 345, Putzer-Konings, "Commentarium in facultates apostolicas", New York, 1898, 215-217). Sometimes the reconciliation is performedad cautelam as for instance when a church has been occupied by soldiers for two days (C.S.R., 27 February, 1847; Decreta, no. 2908). Thislegislation does not refer tooratories which have received only thebenedictio loci.

Immunity

Churches enjoy by ecclesiastical law the same immunity from secular burdens and as allecclesiastical property. The state may not burden them with taxes (Council of Trent, Sess XXV, De ref. c. xx; Syllabus nos. 30, 32). In many states thelaw recognize this privilege forparish andcathedral churches. Such immunity is very ancient and dates from theChristian emperors of the fourth century (O. Grashof, in Archiv f. kath Kirchenrecht, 1876, XXXV, 3 sqq., 193 sqq.) On the other hand, every irreverence within a church or public oratory is asacrilege, such as the theft of an article even though it does not belong to the church or an article that has beenconsecrated (Decretum Gratiani P. II, c xvii, q. 4, c. xxi; Friedberg, I, 820). Such also are thesins of the flesh (Lehmkuhl, Theologia moralis, Freiburg, 1898, I, 238, 239). The reverence due to the holy place forbids all profane actions. Therefore, the following actions are forbidden in a church: trials not falling withinecclesiastical jurisdiction, trading; games, plays and secular songs; banquets; the making of a dwelling either above or below the church; etc. In this category may be included the introduction of draperies and banners which have not been blessed by theChurch (Wernz, III, 446). It belongs to the office of thebishop to specify what actions are forbidden in the churches, and to settle the controversies which may arise. Thebishop is also empowered to provide for the maintenance of order and may also commit this care to a delegate, for instance, to theparishpriest. In connection with this see RIGHT OF ASYLUM.

The church fabric

By the termFabrica ecclesiae are to be understood not only the goods belonging to theChurch but also the administrators of these goods. Ever since the thirteenth century thelaity have been allowed to participate in this administration, and theCouncil of Trent did not reprove their intervention (Sess. XXII, De ref. ch. ix). Thecivil power also intervenes in order to regulate the administration of theproperty ofcathedral andparish churches. The following are examples of how the fabrics are organized in certain countries.

InFrance,Napoleon recognized fabrics of the churches, and entrusted the administration of theproperty ofparish churches to five or nine elected members, to theparishpriest, and mayor. These formed theconseil de fabrique. The elective members holding office for six years and eligible for re-election, were chosen by the council itself. These vestrymen had in hand the administration of the temporalproperty of the church elected from amongst their number abureau des Marguilliers composed of three members and theparishpriest, charged with the ordinary administration and execution of the decisions of the council. Thebishop had the right of control over the management of the vestrymen. Hisapprobation as well as that of the State was required for their most important undertakings. The communal authority could control the budgets and the accounts when the fabric asked the former for thenecessary funds to defray the expenses of Divine worship, and for the maintenance ofecclesiastical buildings.

The French Municipal Law of 5 May, 1884, ordered that the budgets and accounts should be submitted to the communal council, and freed the commune from theobligation of making up a deficit in the resources of the fabric for ordinary expenses of divine worship. Thebishop had the power to organize the fabric of thecathedral church himself, but the administration of its goods was still under the control of the Government (De Champeaux, "Recueil général de droit civil eccelésiastique francais", Paris, 1860; Bargilliat, II, 110-159). This organization, modified, however, by the Constitution of 1831 and by thelaw of 4 March, 1874, still continues in force inBelgium (De Corswarem, Des Fabriques d'églises, Hasselt, 1904). The Law of 11 December 1905, suppressed the fabrics inFrance and replaced them byassociations cultuelles whichPius X forbade by hisEncyclical, "Gravissimo officii" (10 August, 1906; Canoniste contemporain, 1906, XXIX, 572). This law by handing over to seven, fifteen, or twenty-fivepersons the administration ofchurch property, without making any mention whatever ofecclesiastical control, increases the State's power of interference in the administration of these associations and give it full power to suppress them (Jenouvrier, Expose de la situation légale de l'Église de France, d'apres la loi du 11 décembre, 1905, Paris, 1906).

InPrussia the fabrics of the churches were organized by thelaw of 20 June, 1875, enacted during theKulturkampf. In eachparish (Kirchegemeinde)ecclesiastical goods are administered by a body of churchwardens termedKirchenvorstand under the control of aparish board orGemeindevertretung. This assembly is not, however, everywhereobligatory. The members of these assemblies are elected by all the male parishioners, who are of age and have resided for at least one year in theparish, pay theecclesiastical tax, and have their own homes, conduct a business concern, or fill a public office. All electors over thirty years of age are eligible for office with the exception ofecclesiastics and the servants or employees of the church. No man can hold office in both these assemblies. TheKirchenvorstand is composed of members varying in number from four to ten, according to the total number of the population. Since thelaw of 21 May, 1886 theparishpriest (Pfarrer) is the president ex officio of this assembly, except in those places in which, before thelaw of 1875, the presidency was given to alayman. This assembly administers the temporal concerns of the church. TheGemeindevertretung includes three times as many members as theKirchenvorstand. It isnecessary that they should give their consent to the most important acts of the administration of theKirchenvorstand: the alienations, the acquisitions, the loans, the most important works, taxes (Kirchensteuer), etc, and approve the budgets and accounts. The president of theKirchenvorsiand, or his delegate, assists as a consultor at their meetings. All mandates remain in force for six years. The State and theecclesiastical authority exercise supreme control over the most important actions of these fabrics (Archiv für katholisches Kirchenrecht, 1875 XXXIV, 167, 1876, XXXV, 161, 1886, LVI, 196, 1887, LVII, 153.

In the French-speaking portion of theDominion of Canada (Province of Quebec) fabrics also exist. Their organization still corresponds, in its main outlines, to the ancient organization of theparishes inFrance before theRevolution of 1789, as described by Jousse in his "Traité du gouvernement spirituel et temporel des paroisses" (Paris, 1769). There is, first of all, the Parochial Assembly (Vestry) comprising all theFrancs-tenanciers of theparish; no alienation, no loan, can be concluded without their intervention. In case a subscription isnecessary they raise it by assessment. The churchwardens actually in office, calledmarguilliers du Banc, and the former churchwardens, must pay the ordinary expenses. This is thebureau ordinaire of the ancient French law. Finally, ordinary matters of administration are attended to by a commission composed of three members chosen for three years by the old and the newly elected churchwardens. Each one of the three churchwardens is in charge for a year i.e., he performs the functions of treasurer and must render an account to the assembly. Theparishpriest is president of the fabric and represents thebishop. All the important accounts must be approved of by the latter (Beaudry, "Code des curés, marguilliers, et paroissiens",Montreal, 1870, Gignac, "Compendium juris canonici ad usum cleri Canadensis," Quebec, 1901; Migneault, "Droit paroissial",Montreal (1891)

For other countries, see Sägmüller, "Lehrbuch des katholischen Kirchenrechts" (782, 795). In English speaking countries fabrics properly so called do not exist. InEnglandecclesiastical property is given in trust to reliable men. Thebishops themselves regulate the administration of these goods. InIreland the trustees are thebishop, thevicar-general, theparishpriest and sometimes other reliablepersons (First and Second Synod of Westminster, XIV, 4, and VIII, 1-21; Provincial Synod of Maynooth, 1875, tit. xxix, nos. 270-277; Collectio Lacensis, III, 926, 980). In theUnited Statesproperty is often given in trust to thebishop, and in cases where theparishes are civilly incorporated, sometimes thebishop forms the corporation sole; sometimes the administration of theproperty belongs to a board of trustees composed of thebishop, hisvicar-general, thepastor of the church, and two lay trustees (Taunton, The Law of the Church, London, 1906, 310-317). In accordance with the Third Council ofBaltimore (nos. 284-287) thebishop of eachdiocese judges whether or not it is wise to establish councilmen or a board of trustees; he fixes their number and the mode of their election. They are subject to the authority of theparishpriest and thebishop. The relations of the State tochurch property, especially in English-speaking countries, will be treated in the articles:ECCLESIASTICAL PROPERTY; INCORPORATION;TRUSTEE SYSTEM.

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