BANCO IN CHIESA. — It seems that in the early days of Christianity the faithful, at least in the West, listened to sermons standing, a practice that later disappeared in the High Middle Ages, when, during sermons and sacred functions, the need to remain seated began to be felt (A. Linsenmayer, Geschichte der Predigt in Deutschland während des Mittelalters, Freiburg im Breisgau 1912, pp. 33–130). The form of the seats used is not known to us. For civil authorities and dignitaries, artistically crafted chairs existed, such as Charlemagne’s in Aachen Cathedral and that of Emperor Henry II in St. Emmeram at Regensburg, etc. Toward the end of the Middle Ages, benches were known for guilds and various associations. Only in the Baroque period were seats or benches with kneelers, or pews, introduced more frequently.
Under the law currently in force, none of the faithful may have a special place in a church without the explicit consent of the Ordinary. This privilege is reserved, outside the presbytery and without a canopy, solely to those who possess the legitimate right of patronage (CIC, can. 1455, 3). The bishop may, at his discretion, arrange the seats or benches in the church (S. Congr. Riti, decr. 174 ad 3). In accordance with the liturgical laws, a distinguished place outside the presbytery may be assigned to authorities according to their rank, or even to private individuals; however, the Ordinary may always, for a just reason, revoke his consent or suspend or modify the right (CIC, can. 1263, 2, 3; S. Congr. Riti, decr. 816, 2007, 2141). It is nevertheless an ancient practice for priests to have wooden or stone benches in the presbytery, originally arranged in the form of a semicircle to the right and left of the bishop’s chair. For canons, during the synod, these may be raised by one or two steps (S. Congr. Riti, decr. 2047 ad 4; 2082; 2420 ad 5). When the canons, in habitu canonicali and as a chapter, enter a church of Regulars, the benches must be adorned with a cloth. Likewise, the celebrant and his ministers may sit on draped benches during the singing of the Gloria, the Credo, and the Sequenza.
In matters concerning the right to a bench in church, Italian jurisprudence generally applies the principles of canon law and consequently recognizes the discretionary and unreviewable power of ecclesiastical authority to revoke or suspend concessions, even when these are based on a contract for consideration (without prejudice, in this case, to any right to reimbursement); at the same time, it recognizes the jurisdiction of the civil courts to decide disputes between ecclesiastical authority and private individuals concerning the existence and ownership of the right to a bench, as well as disputes between private individuals concerning ownership or possession.
Filippo Oppenheim — Pio Ciprotti