ORATORY
Oratory — O. of S. Maria della Spina, formerly O. of S. Maria di Pontenovo (enlarged in 1323, rebuilt in 1871) — Pisa.
The distinctions among oratories are as follows: 1) public oratories; 2) semipublic oratories; 3) private oratories. The last category includes: 1) those erected for the benefit of private persons or families; 2) those erected for the benefit of a community of persons; 3) those erected in cemeteries by families or private persons for their own burial.
1. Private oratories
Private oratories are those erected in a private dwelling or in a place not open to the public, for the benefit of a private person or family. The erection of such oratories is subject to the express indult of the Apostolic See. The indultuary (the person who receives the indult) must be present at the celebration of Mass in the oratory of his residence (Benedict XIV, decree *Cum duo nobiles*). Others may satisfy the precept of hearing Mass in such an oratory only if the indultuary is present and the Mass has been ordered by the indultuary himself.The celebration of Mass in a private oratory is considered a privilege and an exception to the general rule, and as such must be interpreted restrictively. The so-called parochial rights are absolutely excluded unless permission is granted by the Ordinary or the parish priest, so as not to prejudice the existence of the parish itself.
Subsequent pontifical constitutions merely reiterate the letter of the decree of the Sacred Congregation of the Council of 25 October 1615, and the decree *Quoniam sancta* of Clement XI of 15 December 1703, which reaffirmed the principle that bishops, even if invested with the dignity of cardinal, do not have the faculty to celebrate or have celebrated Mass outside their residence in the homes of lay persons.
Benedict XIV, with the encyclical *Magno cum animi* of 2 June 1751, decisively reaffirmed the teaching of the Council of Trent and his predecessors, namely the necessity of the authorization of the Apostolic See for the celebration of Mass in private oratories.
Canons 1188-90 and 1194-96 of the *Codex Iuris Canonici* on private oratories are but a compendium of previous norms. In the aforesaid canons, three categories of private oratories are examined: 1) those erected for the benefit of private persons (can. 1188 § 2, n. 3). For their erection, the ordinary grant of a papal indult is required (can. 1195 § 1). The bishop may not permit the celebration of a single Mass *per modum actus*, in any extraordinary case, except for a just and reasonable cause. 2) Regarding the category of private oratories of cardinals and bishops (can. 1189), a distinction must be made between oratories of titular cardinals and bishops and those of residential cardinals and bishops. The former are private oratories that nevertheless enjoy the privileges and rights proper to semipublic oratories; the latter, that is, oratories located in the episcopal palace, are doubtful as to whether they can be called private, despite the enumeration of the *CIC*, when they should instead fall into the category of semipublic oratories, that is, private oratories of non-private houses. 3) Small oratories erected in cemeteries by families or private persons for their own burial.
The recent instruction of the Sacred Congregation of the Sacraments of 1 October 1949 has further restricted the possibilities of granting the privilege of a private oratory. Such concession is granted only to those who are distinguished by open probity of life and manifest profession of religion and who have been dispensed from attending Mass in church on holy days of obligation due to illness or distance. The faculty of satisfying the festive precept in the oratory is limited to blood relatives or affines in the same line and degree in which consanguinity or affinity constitutes a diriment impediment to marriage (can. 1076 §§ 1 and 2; 1077 § 1), to cohabitants, and to persons in domestic service; while the concession is excluded for all others present, unless it is a most grave and extraordinary case. It is also confirmed and reaffirmed the principle, otherwise scrupulously observed in the constant practice of the Apostolic See, of not granting the faculty to reserve the Eucharist in domestic chapels except in extraordinary cases, for grave causes, and with the necessary precautions.
2. Semipublic oratories
Semipublic oratories, or semiprivate oratories, began to assume a juridical figure of their own at the time of the Council of Trent. Leo XIII, in the decree *A sacra* of 23 January 1899, establishes that semipublic oratories are those erected in a private place and not absolutely public, which do not serve, however, a private person or a family, but a community of persons. From the text of the decree, it appears that the authority of the Ordinary is a necessary condition for the erection of a semipublic oratory, while for the private oratory the bishop is merely the executor of the papal indult, provided that all the requirements of the indult are met.The Council of Trent introduced no innovation regarding the power of diocesan Ordinaries with respect to semipublic oratories, and clearly distinguished them from private oratories, with which they were often previously confused.
Common doctrine recognizes various kinds of such oratories, namely: those of the episcopal and cardinalatial palace; those of religious places, that is, places erected with the consent and authority of the bishop for a pious purpose; and those of public places, that is, places not reserved for the habitation of any private family but, by virtue of a foundation, destined for common utility, for example, colleges for the education of youth and prisons.
For a semipublic oratory to exercise its functions, it must be subject to designation and visitation, functions which generally pertain to the diocesan Ordinary; it may also be dedicated, but this is not necessary. In a semipublic oratory, all and only the priestly functions may be exercised, and the festive precept may be satisfied not only by those for whose benefit the oratory was erected, but also by those who wish to attend.
The *Codex Iuris Canonici*, in regulating semipublic oratories, merely recalls the principles previously set forth (can. 1188 § 2, n. 2). Canon 1192 § 1 forbids the erection of semipublic oratories without the consent of the Ordinary; § 2 notes that approval must be subject to a visitation by the bishop himself or by a priest delegated by him to verify the required conditions; § 3 states the impossibility of converting a semipublic oratory to profane use without the authorization of the bishop. Such oratories may be consecrated with constitutive blessing, in which case, according to the prevailing doctrine, they are exempt from civil power and enjoy immunity; generally, however, an invocative blessing is sufficient (can. 1196 § 2).
3. Public oratories
The two necessary and indispensable requirements are: 1) the public entrance of the oratory, which implicitly supposes its free use byof the faithful. The only exception, which in any case ceased to exist from the early 17th century onwards, is found in those oratories that are privately owned and have no public entrance or exit, but are established as benefice titles; an example is the chapel of the Palazzo Altemps in Rome, where, in addition to the bell—a sign of publicity—there are ministers permanently dedicated to worship and a grand apparatus for the celebration of festivals.
2) The authority of the bishop for the construction. Essential requirements, as indeed for the building of a church, are the consent of the diocesan authority and the establishment of an endowment (which, according to doctrine, occurs only for consecrated oratories and not for those merely blessed). Furthermore, the oratory being erected must not, by its establishment, cause harm to other churches already in existence, particularly parishes. In this regard, only sacerdotal functions may be celebrated in oratories, such as solemn private Masses, the blessing and distribution of candles, ashes, and palms; the functions of Holy Week, the exposition of the Forty Hours, etc., while proper parochial functions are excluded, such as the blessing of the baptismal font, the sprinkling of houses, processions within parish boundaries, and the Mass of Holy Thursday. Regarding the administration of the sacraments, in a public oratory the sacraments of Baptism, Penance, and the Eucharist may be administered in extraordinary cases, and Matrimony may be celebrated; the celebration of funeral rites for the faithful, however, is the exclusive prerogative of the parish. Other signs that distinguish a public oratory from a private one are the bell to summon the faithful to sacred functions; the fixed and immovable altar, given its perpetual dedication to worship; and the existence of a titular saint whose feast is celebrated annually. These requirements are not necessary but serve only in case of doubt to demonstrate the publicity of an oratory.
Turning to an examination of the *Codex Iuris Canonici*, one may observe, following common doctrine, that an essential difference between a church and a public oratory cannot be established: the only distinguishing factor is that a church is primarily and by its very nature destined for all the faithful, whereas a public oratory is primarily destined for specific physical or moral persons. Based on can. 1188 § 2 n. 1, a twofold category of public oratories is inferred: namely, those erected for the benefit of some private person and those established for the benefit of some college, confraternity, etc. In both categories of oratories, the faithful have the right to access them freely. A question still unresolved in doctrine is that concerning the juridical nature of the public oratory: indeed, the thought of the *CIC* regarding can. 1191 § 1 is uncertain: *oratoria publica eodem iure quo ecclesiae reguntur*, since from either an extensive or restrictive interpretation derives the existence or non-existence of a moral person in the public oratory.
III. ORATORIES IN ITALIAN LAW
In this context, only public oratories are of interest, since, as is obvious, private oratories cannot be considered. Public oratories remain the property of private individuals and, as has been observed, are thus distinguished from churches destined for public worship, which belong to the so-called ecclesiastical demesne. However, from a strictly civil-law perspective, oratories of this category are designated under the generic term of churches or chapels open to public worship. But whereas a church is public both objectively and subjectively, the publicity of oratories is of a quite special nature, arising from the existence of the right of the faithful to access them freely at least during services (Olivero). This right of access is an essential element of the publicity of the oratory, and, consequently, once such a destination is established, the owner cannot unilaterally change it, and the episcopal authority or the parish priest, within their respective jurisdictions,**ORATORY — Oratory of the Compagnia del Rosario di S. Zita. Interior decoration in stucco by Giacomo Serpotta (1686–1718) — Palermo.**
---
may always enforce its observance, even, if necessary, through judicial means.
According to authors, moreover, since public oratories are built open to worship, the articles of the Concordat relating to them must be considered applicable, by virtue of which these places are exempt from requisition or occupation, which may in wholly exceptional cases be permitted with the prior agreement of the Ordinary (art. 9); nor is the demolition of such places permitted except by agreement with the competent ecclesiastical authority (art. 10).
IV. ART
As an architectural organism, the oratory does not differ substantially from churches, but is of smaller dimensions: generally it consists of a simple hall with a square or rectangular plan, containing a single altar.It may be a freestanding construction, as, to cite the oldest examples, those of SS. Celso e Nazaro (the so-called mausoleum of Galla Placidia, characterized by its Greek-cross plan) and of S. Maria in Cosmedin (formerly the Arian baptistery), both in Ravenna; and that of S. Giovanni in Oleo in Rome (externally rebuilt by Bramante and internally by Borromini). More often, however, it is attached to larger places of worship, such as that of the SS. Quaranta Martiri near S. Maria Antiqua in Rome (8th century), or is situated on a lower level than the church (S. Maria della Fontana beneath the church of the same name in Milan; S. Michele Berteldi beneath that of S. Gaetano in Florence), or on an upper level (the Oratory of the Stimmate annexed to the church of the same name in Rome).
Frequent also are oratories with direct access to the exterior and thus with their own façade: typical are those dedicated to S. Bernardino, contiguous or at least adjacent to Franciscan churches, mostly erected in the second half of the 15th century; notable examples include those in Assisi, that in Siena, consisting of two superimposed spaces, and that in Perugia, famous for its elegant façade by Agostino di Duccio. In the 17th century, the Rule of S. Philip Neri, which prescribes a distinct oratory separate from the church, spread this type of construction; the most significant examples are in Florence (S. Firenze, no longer in use), Bologna, Turin, and Rome (the latter a remarkable work by Borromini). During the Counter-Reformation, other orders and confraternities also built oratories, notable sometimes for their architecture (S. Maria in Trivio, Oratory of the Crucifix in Rome; Oratory of Christian Doctrine in Florence), for their pictorial works (S. Lucia del Gonfalone in Rome), or for their decoration (Oratory of the Duomo in Vicenza). In Palermo, it is within the oratories that the exuberant decorative style of Sicilian Baroque is most fully manifested, particularly through the work of the Serpotta family, who adorned walls and vaults with stucco (Rosary of S. Domenico, Rosary of S. Zita, S. Lorenzo, S. Caterina). Of interest, more for their works of art and historical memories than for their architecture, are the oratories of hospital congregations (Misericordia in Florence; S. Maria della Scala in Siena); and especially those of the companies that assisted the condemned (S. Giovanni Decollato in Rome and Orvieto; S. Maria succurre miseri in Naples; Oratory of Death in Genoa, etc.). More rare are oratories in Gothic forms or in Baroque styles (S. Maria dei Guarini in Bologna) or already distinctly imbued with Neoclassicism (Oratory of the B. Enrico in Treviso), following the general trends of religious architecture in the various regions.