II. On the Prohibition of Servile Works

What works are prohibited on a feast day? - On a feast day all servile works, that is, labors, are prohibited. Thus the doctors commonly from C. 1, de Feriis.

A servile work is one which is chiefly exercised by bodily powers, immediately serves the convenience of the body, and regularly is usually done by servants. Therefore a servile work depends not only on the intrinsic nature of the work, but also and especially on the custom and estimation of men. A servile work is contradistinguished from a liberal work, which depends especially on the powers of the soul, immediately serves the convenience of the soul, and regularly is usually done by masters. But there is a middle work between servile and liberal, which can serve the convenience both of the soul and of the body, and is usually done both by servants and by masters. Of the first kind are plowing, sewing, and other mechanical works; of the second are studying, teaching, writing, singing, and other liberal works; but of the third kind are hunting, fishing, making a journey, and similar common works.

A work which of its own nature is liberal does not become servile because it is done for gain; nor does that which of its own nature is servile become liberal because it is done without pay. The same must be said whether the work is done with this or that pious, vain, or base intention. It is also irrelevant whether it is done with fatigue and labor or not; whether for a brief or long time, for contracted wages, or for the sake of recreation, etc., because none of these changes the nature of the work. Of its own nature; for since in fact in this matter the common opinion and estimation of men has very great force, as is drawn from the very definition of servile work, hence it happens that the extrinsic element of gratuity of the work, for example, can sometimes be present, at least so that there be some greater reason for excusing. And thus also to fish, for example, if it is done for the sake of recreation with a rod or light net, is usually held common and is permitted; although it is judged servile and is not licit if it is done for acquiring gain with great apparatus and labor. L. 272-274, 278; Struggl 7; S. Th. 2. 2, q. 122, a. 4 ad 3; E. M.

You will resolve: It is licit on a feast day not only to write, but also to transcribe, even if this is done for wages, and whether someone writes with a pen or with the American machine commonly in use. It is probably also licit on a feast day for printers to arrange type, because the work seems to pertain to the mind in the same way as the preceding writing, although it is done with greater bodily fatigue. But if it is exercised in a public workshop by many, by reason of the base apparatus and common estimation, it is held as servile work. Moreover, scandal can easily also be present. But the printing of books is altogether illicit, as being a work altogether servile. L. 278, 279, 292; Struggl 8; Laymann 3.

It is sufficiently probable that it is licit on a feast day to paint, and much more to draw, yet excluding great apparatus and labor, for example, mixing colors, planing boards, etc. For if the action is not liberal, it certainly is a middle action, and common to servants and free persons, while we often commonly observe noble men not blushing to learn and exercise this art of painting. Hence girls are also excused who with a needle reproduce images on cloth; and likewise those exercising the photographic art, unless it is done with base apparatus. But to sculpt, says St. Alphonsus, is commonly, at least in the estimation of men, numbered among the mechanical arts. "Yet Sporer excepts when goldsmiths sculpt very delicate things in moderate matter, in which almost no labor of the body, but the whole labor of mind and skill, intervenes." Struggl 8; L. 280, 283; S. Th. 2. 2, q. 212, a. 4 ad 3. "It is licit on a feast day to hunt, to catch birds, and to fish, without great apparatus and for the sake of recreation. The reason is that similar things, with greater apparatus and labor set aside, are not servile works, but common to masters and servants. Indeed similar things, if they are done without great apparatus, are also licit from custom, even if they are done for the sake of gain. But if they are done with great apparatus and labor, they are servile and illicit." Struggl 8; L. 283.

It is licit on a feast day to make a journey on foot, by bicycle, horse, carriage, automobile, ship, litter, railway, airplane, dirigible, etc. The reason for this is that making a journey is not a servile work, but natural and common to all men. Thus the doctors commonly; and besides, universal custom so has it. Moreover, by this very fact that it is licit to make a journey on a feast day in the aforesaid ways, it is also licit to perform the works which are necessary and conducive to this, as for example, to prepare horses, to join a carriage, to carry a litter, and to draw oars in water. The reason is that the accessory follows the nature of its principal. Struggl 8; L. 275.

Sanchez grants that it is licit to grind on feasts "if it is a mill which is driven by water or wind; but not if it is driven by beasts, and in which great labor and occupation is required. From which doctrine Tamburini, n. 14, and La-Croix, n. 578, sufficiently probably infer that when the cooperation and application of man is moderate, it is not illicit, at least gravely, even to grind with beasts." L. 277. Likewise distillation is licit if, without base apparatus and not in a public workshop, it is done for physical experiment, or without fatigue of the body. L. 328.

What is grave matter in servile work? - For mortal sin labor less than two hours does not suffice. This is proved: 1. because even two hours are in reality a moderate part of the day, as being a twelfth. 2. Because theologians commonly think so. Struggl 12; L. 305.

What more determinately is grave matter in servile work performed on feast days? - If the works greatly fatigue the body and are very servile, such as cutting stones, digging earth, etc., according to the more probable and more common opinion, it is not a mortal sin unless someone labors much beyond two hours, say two and a half hours, or at least somewhat more than two hours, or certainly completes two hours, which limits of time St. Alphonsus, n. 305, H. A. 25, La-Croix 594, etc., generally establish as commonly received. Nor indeed are there lacking theologians who require three hours, speaking generally, for grave fault. "It seems hard," says Busembaum cited by St. Alphonsus, n. 305, "to condemn as mortal if someone spends two or three hours."

If the works are lighter and not very servile, for example, making artificial flowers, a greater space of time is required for grave matter than in laborious and very servile works, as St. Alphonsus, n. 282, hands down. If, in carrying out servile works, another excusing element enters in, for example, necessity in those laborious works, piety in other lighter works, by making scapulars, for example, or rosaries, then as a greater reason for permitting such works is present, so also there is a greater reason for permitting them for a greater space of time. L. 293; H. A. 25. But this must be noted as to these lighter works: that piety can favor them only when they are undertaken merely without pay and merely for fostering piety. For if they are done for wages, now those works are altogether servile, as being mercenary, nor does piety raise them to pious works. And this is confirmed by the common custom and sense of the faithful.

You will resolve: As to those who drive carts or loaded beasts on a feast day, "the more probable opinion, at least today, judges that it is altogether licit not only to continue a journey begun, but also to begin one. The reason is that in such labor muleteers do not spend a notable time; and, if sometimes it is notable, they are excused either on account of avoiding grave harm, or on account of public utility, or finally because universal custom is present, which Mazzotta deservedly asserts to be present. And he says the same about sailors." L. 276.

He who on a feast day commands six servants to labor for an hour, more probably does not per se sin gravely, because the works of the servants, whether they labor simultaneously or successively, do not coalesce into one in order to form grave matter. And indeed each one sins only venially, if no cause is present excusing them. L. 306.

Are other works also prohibited? - This precept, insofar as it is negative, prohibits not only all servile works, but also civil works, namely market-trade and public negotiation of merchandise, and three forensic things: namely suit, judgment unto death, and oath. Thus the common opinion of theologians from C. 1, 3, and ult., de Feriis. And St. Pius V, C. Cum primum, 6 Kal. Apr. 1566, § 7, commanded that all on feast days "abstain from every illicit and servile work, that markets not be held, and that profane negotiations and the noise of judgments be quieted." L. 284.

By market-trade is understood the public exercise of commerce, or a market, with noise, as are annual or weekly fairs, etc. Public sales of merchandise are prohibited by reason of scandal; "hence, as usage bears, goods can be sold behind closed doors," Scav., ed. 12, Mediol. 1874, l. 2, nn. 95, 239. But in this matter custom must be observed, both universal and also particular to places; for this can abrogate a human law in whole or in part, and here has already abrogated the law in great part. Hence, on account of generally received custom, fairs established for a certain day are excepted if they fall on a feast day. Benedict XIV so declared, C. Ab eo tempore, 5 Nov. 1745.

Likewise, from received custom, food, drink, shoes, candles, cloth for making clothes, and other things of this sort are licitly sold and bought in public shops. Yet merchants ought to close their shops, so that they may show that they distinguish Sunday from other days; but here also the custom of places and necessity, varied for various places, claims very much for itself. Public auctions are also tolerated in some places after the divine offices have been performed, because on other days there would be fewer attending, etc. Likewise it is tolerated that merchants of things of small moment carry, show, and sell goods from one place to another.

Houses, horses, oxen, and other merchandise are licitly sold and bought, whether present or absent, whether in small or great quantity, even if a notable time is spent in this, provided these things are done between private persons; both because the usage of the God-fearing so bears, and because the Church prohibited only sales in public shops, by reason of scandal. From the custom of the wise, all contracts are licit if they are made without instruments and the authority of a judge. Indeed St. Alphonsus notes that custom bears that they may be celebrated not only privately, but even through instruments, provided they do not require judicial noise, for example, testaments, instruments of betrothals, sales, etc.; "although," the holy Doctor adds, "notaries in some places are accustomed for this to ask general license from the Ordinary, which for the rest is commonly granted." L. 286, 289; Benedict XIV, de Syn., l. 7, c. 3, nn. 2, 3.

By suit is understood a civil sentence or the hearing of civil causes in judgment. By judgment unto death is understood the citation of the accused to judgment, his examination, condemnation, and execution of the sentence. Now then, judicial processes are prohibited on feast days, and are void by the law itself from C. ult., de Feriis. Except, however, if a cause is present both of necessity and also of piety, as is clear from the same Cap. ult., de Feriis, and from the common authority of theologians.

Therefore it is licit on a feast day to excommunicate, dispense, inform a judge privately, consult an advocate, prepare counsels, etc., because these things are done outside judgment and consequently do not require judicial noise. It is said to be judicial noise where the cause is contentious and litigious, and where questions and disputes are handled; and indeed judicial noise consists in citation, from which the cause chiefly seems to begin, in the formation of process and the cognition of the cause, and in the pronouncement of sentence. Therefore acts of voluntary jurisdiction are not prohibited on a feast day, nor extrajudicial acts. Suarez, l. 2, c. 38; Cajetan, 2. 2, q. 122, a. 4; Schmalz., l. 2, t. 9, nn. 52, 53; Struggl 6; Bonacina, t. 2, d. 5, q. un., p. 2, n. 25; L. 284, 287, 294, 295. "Necessity ceasing, it is not licit to wage war on feast days." S. Th. 2. 2, q. 40, a. 4. For war is against the rest and sanctification of the feast day, which is ordered to being free for divine things. But if necessity is present, as other works become licit from necessity, so also to wage war. S. Th. 2. 2, q. 122, a. 4; C. Treguas, de Tregua et pace.

By oath finally is understood an oath before a judge, or a judicial oath. L. 284; S. Th. 2. 2, q. 89, a. 10.

Note: In these forensic and judicial works, the quantity of matter sufficient for grave sin is not taken from the quantity of time, but from the quality of the work. L. 307.

What are the causes excusing from prohibited works? - There are chiefly six excusing causes: dispensation, custom, piety, charity, necessity, utility, as is clear from the common opinion of theologians. L. 288.

Dispensation. In the precept of abstaining from servile work, as also of hearing Mass, the following can dispense: 1. The Pontiff, as supreme legislator and pastor, in all festivities and for the whole Church. 2. Bishops and vicars of the chapter, the See being vacant, in their dioceses. 3. Regular Prelates toward their own religious subjects and their domestics. 4. Parish priests, even when the Bishop is present, from custom now received. But Bishops, regular Prelates, and parish priests are able to dispense only in particular cases. L. 288.

Custom. Hence from general custom received almost everywhere these are excused: 1. Barbers, who besides are also excused from this, that otherwise they would be abandoned by very many to their grave detriment. 2. Those things which pertain to the neatness of the house, for example, making beds, washing vessels, and those things which regard the arrangement of the person, such as trimming the beard, cleaning dust from clothes, and the rest of the same kind. 3. Those things which are necessary for food: slaughtering cattle, baking bread, indeed even preparing finer foods. Struggl 23; Suarez, l. 2, c. 21, nn. 3, 4; L. 289, 298; Benedict XIV, Inst. 43.

Piety toward God. Through this works are licit which proximately, not remotely, regard the worship of God; such as laying floors for a festivity, sweeping and adorning the temple, altar, roads; but by no means building a church, repairing it, cultivating the fields of the church, etc., without actual necessity. And thus it is permitted to make necessary ornaments for a needy church. For the precept of worshiping God by abstaining from servile works is of a higher order than free works of piety. L. 291-293.

Charity toward the neighbor. Hence on a feast day it is licit: 1. To do what is necessary for relieving the sick. 2. To dig a grave for burying a dead person. 3. To labor for some determinate poor person, for whom by reason of grave necessity it would be licit to labor; yet, according to grave theologians, not for poor persons in general, unless the matter concerns making clothes or other things of this sort which must serve for the use of the poor, but not for gaining money to be distributed to the poor. L. 292, 294.

Necessity, whether one's own or another's, both of soul and of body. Hence these are excused: 1. Poor persons who otherwise cannot feed themselves and their own; shoemakers, tailors, and other workers who otherwise would be abandoned by buyers, provided they labor privately and scandal is excluded; servants compelled to labor, if they cannot easily and quickly find another master without great inconvenience; wives and children compelled by the father to labor, if however this is not in contempt of religion. Likewise all these are also excused if they mend their clothes, when on working days they do not have convenient time for this. Yet masters can from a grave cause impose upon servants that they do servile works and abstain from Mass; and each then is consequently licit for the servants. 2. All those whose works once begun cannot be interrupted without great harm, such as those pouring iron; those gathering fruits lest they be corrupted, or lest they be stolen; those baking lime, bricks, glass. 3. Tailors who make funeral or nuptial garments, or others necessary for honorable dress, which they are not able to finish before the feast either by themselves or through others. 4. Farmers who, on account of past or threatening rain, cut, turn, bind, or carry hay or grain. 5. Blacksmiths who shoe horses on the road or brought by rustics, or who restore plowshares necessary for farmers on the following day; and also those who repair carts broken by accident, bridges, or public roads, if the work cannot be deferred without loss of the public good. The reason of avoiding idleness does not excuse per se, except in the rare case in which temptation would press which could not otherwise be conquered except by laboring. L. 295-304; S. Th. 2. 2, q. 122, a. 4; Struggl 15.

Utility. Hence these are excused: 1. Those who labor for the public utility, when some necessity is urgent, for example, if the matter concerns celebrating a victory, preparing a feast for the arrival of a Prince, or for the sake of another public rejoicing. 2. Those also are probably excused, on account of the circumstance of notable extraordinary gain, who sustain themselves by labors, because for these to omit such gain is the same as to suffer grave harm. L. 301, 304.