Question VII: On the causes excusing from violation of a feast

At the outset they excuse from sin certain works done for the worship of God. These are found in a threefold distinction. The first is immediate, as playing organs, ringing bells, carrying Crosses, and these proceed on a par unharmed with Divine worship. So Suarez Tom. 1. lib. 2. cap. 21. et alii.

There are, however, some works that could be prepared on the preceding day, as cooking the sacrificial animals, decorating the altars, and these are not yet condemned under mortal sin. Toletus lib. 4. cap. 25. Suarez num. 11. Azorius Tom. 2. lib. 1. cap. 28. quaestio 5. Caietanus quaest. 122. art. 4. et in summa, V. festorum violatio.

Similarly other works among these are not so close to the worship of God, as sweeping the temples with brooms, hanging the walls with tapestries, adorning them with hangings, preparing the public roads for processions; nor do Suarez, Azorius, Toletus, Caietanus above, and Fagundez lib. 1. cap. 14. num. 4. condemn these under mortal sin.

In the second kind are other servile works, more remote from the worship of God, as carrying tables, making flooring, erecting scaffolds for the Theatre of the Most Holy Sacrament, or of a holy Relic, which if they cannot be done on the preceding days are excused from mortal sin; otherwise if they could have been, as Fagundez says with the others alleged, with whom he says it is lawful even to erect a Theatre for public games, and for public recreation.

In the third kind of works for the worship of God are the tilling of the fields of the Church, building its houses, etc., which are still more remote, and these are mortal sins, unless they belong to some poor Church which can scarcely otherwise be relieved. So the authors alleged in Fagundez num. 4. where he adds others.

The second excusing cause is servile works on feasts done out of necessity, as D. Bonaventure admonishes, serm. 4. de Decalogo. This necessity can be that of oneself, of some neighbor, or of the public, and in whatever way it is, the law does not bind, as the Holy Doctor admonishes, in speculo animae, cap. 2.

Necessity of one's own is that of the poor, who otherwise cannot support themselves and their family. So Toletus lib. 4. cap. 25. Azor. loc. cit. quaestio 4. Suarez cap. 31. Rostella, Sylvester, Tabiena V. feriae, Fagundez num. 7. citing others; and it is found in cap. ult. de feriis there: Nisi Necessitas urgeat, vel pietas. But Suarez and Fagundez admonish that this necessity be laid before the judgment of a prudent counselor. Such also is the necessity of coercion, while they are compelled by grave fear, or danger. Thus the Machabees lib. 1. cap. 2. fought on the Sabbath day. Thus it is lawful for servants to labor when compelled by their Masters, provided they are not forced into contempt of the faith; for then death rather must be undergone. So the authors alleged in Fagundez num. 9. Bass. 3. num. 2.

Thus soldiers are excused on a feast day by throwing up earthworks, carrying military engines, etc. So Suarez cap. 31. Fagundez num. 10. Toletus cap. 25. Bass. 3. num. 2. et apud hos alii.

Farmers are excused who gather, reap, carry away, thresh, harvest the vintage, and sow the grains on account of rains or impending storms, when unseasonable weather is feared. So the authors alleged in Fagundez num. 15. Thus also millers, especially if they do this without great labor; so Bassaeus 1. num. 4. et alii.

Fishermen of certain fish are also excused, the catching of which comes only at certain seasons of the year, as tunnies, herrings, and sardines. So Fagundez num. 13. citing others. For although cap. licet de feriis. speaks only of herrings, or pickled herrings; nevertheless the same holds for the other similar cases. Yet certain outstanding solemnities of the Lord are excepted. But these fishermen ought for this reason to bestow some alms on the Church, though it is not commanded there.

From this cause coopers of bricks, tiles, lime, pots, glass, iron, and other similar things, whose boiling cannot be interrupted without great loss, are excused by Caietan, Suarez above, Fagundez, numero 13. and Soto among them.

From the second cause, the necessity of a neighbor, those are excused who labor so that they may be preserved from imminent dangers of the collapse, fire, flooding of a house, and similar things. So also those who sew garments for a poor man, etc. Toletus cap 25. Suarez cap. 32. Nauarr. Manu. Lat. cap. 13. D. Antonin. part. 2. tit. 9. cap. 7. §. 5. Fagundez num. 16. They prove it from cap. Conquestus de feriis, where it is said: Nisi necessitas urgeat, vel pietas. They also excuse works of piety for relieving Poor men and Pilgrims pressing in, likewise the sick, as by preparing medicines, etc. So also by grinding grain. Yet Bass. 3. num. 11. notes that cap. Conquestus speaks of court sessions, not of servile works.

THOSE SKINNING oxen are also excused, the flayers in the shambles, etc. So the Doctors in Fagundez num. 21.

From the third cause, the public good, those are excused who labor in repairing bridges, roads, public fountains, etc., when it cannot be deferred without great inconvenience. For the Church does not will to oblige to rest with public loss, as is found in cap. Licet. Indeed Suarez loc. cit. and Fagundez num. 23. excuse those laboring in servile works for public gladness, or joy, as on account of the arrival of the King, a coronation, the birth of a Prince, etc.

It seems the Holy Doctor serm. citato stands firm in these and similar cases, where he excuses those things which are done for public, not to say even for private delight.

Those laboring in the erection of a Church, or of a needy Monastery, are also excused, provided Mass has been heard; so Tabiena V. ferie, Fagundez num. 25.

I admonish that the excusing causes hold even without the license of Superiors, provided they are undoubted, so that if a Bishop should pronounce excommunication on those laboring, it would not hold. So Tabiena V. Feriae, num. 44. Nauarr. Mann. Lat. cap. 13. Sylvest. V. Dominica, quaest. 7. Rosella V. ferie, num. 27. Azor. Tom. 2. lib. 2. cap. 28. quaest. 6. Suarez lib. 4. Decal. Tom. 2. cap. 45. num. 10. Fagundez num. 26.

Bishops, or the ordinaries of places, can also dispense for a cause, among whom are counted the Provincial and local Superiors of the Religious Orders, as the Gloss explains in cap. Quemquam, de usuris in 6. V. loci ordinario; and Azorius quaestio 5. Fagundez num. 28. Bass. 3 num. 7. teach, adding that on feasts instituted by themselves they can dispense without a cause. In a doubtful case, however, he refers to the counsel of a wise man.