Question II: Whose it is to institute feasts to be kept under mortal sin

I assert first that it belongs to the supreme Pontiff to institute feasts throughout the whole world.

The reason is, because he is the universal supreme Pastor, to whom all the sheep have been entrusted: Ioan. 21. as I showed in the first part, Tract. 1. Disp. on the supreme Pontiff. It is the common doctrine, as Fagundez notes lib. 1. de praeceptis Ecclesiae, cap. 3. num. 2. Ballaeus V. Festum 1. num. 3.

I assert second, that Bishops can institute, in their own dioceses only, feasts of Saints already Canonized or Beatified; and as to Canonized saints, this they commonly teach, as gathered at Fagundez num. 3. Suarez indeed lib. 2. cap. 21. extends it even to the beatified, who adds with Fagundez that there is no need of the Pope's confirmation; and as to the Beatified subscribe Bellarminus lib. 1. de beatitudine sanctorum, cap. 7. Fagundez num. 15.

Yet they cannot impose such feasts by right without the consent of clergy and people, cap. conquestus, de feriis, and cap. Pronunciandum, de consecr. dist. 3. So Azor Tom. 2. Instit. cap. 26. quaestio 3. Suarez num. 8. Fagundez num. 8. who nevertheless adds that it can be done by custom, at least for some occasion. But by custom it has been introduced that it be done by the sole consent of the Clergy. Suarez de Relig. lib. 2. cap. 11. Sa V. fest. Sanchez lib. 1. moral. cap. 43. Azor part. 2. lib. 1. cap. 26. quaestio 4. Diana 4. part. tract. 4. resol. 178.

I assert third, that a secular Prince cannot institute feasts to be observed; and if Kings do this without the consent and authority of the Church, it is of no avail, both as to guilt and as to penalty. So Suarez Tom. 1. de religione, cap. 12. Azorius 2. part. Instit. moral. lib. 1. cap. 26. quaestio 5. Fagundez cap. 5. num. 2. Nor can they punish those who labor with the Bishop's license. So the S. Congreg. decreed, as at Diana part. 4. tract. 1. resol. 94.

I assert fourth, that feasts can be abrogated by custom. See Fagundez cap. 6. yet the consent, at least tacit, of the Bishop must be added. So Fagundez num. 7. For the introduction of a feast day, therefore, a custom of ten years suffices; but for abrogation, one of forty years.

I assert fifth, that the time during which feasts last depends on the custom of the place, province, etc. namely whether from Vespers to Vespers, or from midnight to midnight. So commonly, as at Fagundez cap. 6. num. 2. according to the Roman manner indeed, as to servile works, it begins from midnight to midnight, leg. more Romano, ff. de feriis.