V. On Canons

What are canons? - Canons, so called because formerly they were subjected to a common rule, constitute the general council of the Bishop, and are bound by various obligations as regards divine worship, the altar, choir, and, when the see is vacant, the administration of the diocese. Canons are constituted first where there is an episcopal See, or cathedral Church. Temples which, besides the cathedral, have a college of canons are called Collegiate. Some canons are regular, who under a provost lead a common life bound by vows, and these now are found fewer; others are secular, who live separately from benefices or ecclesiastical pensions and preserve the canonical institute as regards various duties to be undertaken in the Church. Trent s. 22, c. 4 de R.; s. 24, c. 12.

Hence it is easily clear how great both the honorableness of morals and the knowledge of canons ought to be. The Archdeacon ought to be, as far as can be done, a Master in Theology, or Doctor, or Licentiate in Canon Law. The scholastic canon, obtaining the scholasteria, or having the duty of teaching, must be a Master or Doctor or Licentiate in sacred page or in Canon Law, or certainly must be suitable for such an office. The penitentiary canon must be a Master, or Doctor, or Licentiate in Theology or Canon Law, and forty years old, or otherwise the one who is found more apt according to the quality of the place. The lector canon of sacred theology, who is held to expound and interpret Sacred Scripture, must be suitable to fulfill such a duty by himself. The Council of Trent exhorts, however, that where this can conveniently be done, all dignities, and at least half the Canonries in Cathedral Churches and distinguished Collegiate Churches, be conferred only on Masters or Doctors or Licentiates in Theology or Canon Law. Trent s. 5, c. 1 de R.; s. 23, c. 18 de R.; s. 24, c. 8, 12 de R. Benedict XIII, C. Pastoralis officii, May 19, 1725, established for Italy and the adjacent Islands that the theological prebend is to be conferred on a doctor in sacred theology, or on one who at least within a year will be distinguished with the doctorate. Besides the profession of faith, cf. v. 1, n. 364, all are held to take the oath according to the formula prescribed by Pius X in the Motu Proprio Sacrorum antistitum. E. M.

To canons who have not been included among Domestic Prelates, from Chapters having the privileges of Protonotaries, cf. v. 1, n. 269 ter 1, it is conceded that collegially they indeed enjoy all privileges granted by the Apostolic See to their Chapter itself; but individually they can both wear the prelatial habit and the piano, as it is called, as is in the Letter Inter multiplices at §§ 16 and 17, and, by special mandate of the Ordinary, celebrate the Holy Sacrifice with the vesture and manner of Prelates, concerning which there is discussion ibid. at § 31. It is lawful to use this twofold power only within the limits of the diocese of which the Chapter is. Motu Proprio of Pius X, December 22, 1913.

A canon who has left a canonry and obtained another in the same church must obtain the place of the last canonry obtained, nor can he obtain the place of the one left. S. C. C., March 21, 1609; June 11, 1701; Ferraris v. Canonicatus, a. 7, n. 54.

The Bishop can entrust to clerics in sacred orders, initiated by title of ministry and endowed with a canonical benefice, some duty foreign to the benefice, for example the chaplaincy of nuns, or other ecclesiastical services of this kind. When public necessity presses, just as to other clerics, so also to canons who are strong in powers and health, he can impose the aforesaid offices, otherwise by no means conflicting with canonical duties, but altogether compatible, only for a time, and urge their execution according to the canons; yet in such a way that he uses this faculty only with prudence and discretion. S. C. C., December 4, 1913.

The Bishop can visit, correct, and amend Chapters of Cathedrals and of other major churches, and their persons, as often as there shall be need. Council of Trent s. 6, c. 4 de R.

What about the residence of canons? - Canons are held by the obligation of residing in their own churches. Trent s. 24, c. 12 de R.; L. 129. Now from Trent l. c. two things seem to be prescribed absolutely to canons: residence in the place and attendance at choir. Nevertheless, there are those who hold that canons not having care of souls can spend day and night outside the place of their own benefice, provided that at fitting hours they approach the church for service. And this is also established from a Declaration of the S. C. apud S. Alphonsus l. 3, n. 675 in fine.

They can be absent only for three months, Trent l. c., whether continuous or interrupted, S. C. C. 1575. "Otherwise in the first year they are deprived of half the fruits," in the second year of all fruits, etc., with the part deducted for the other offices which they did not omit. L. l. 3, n. 673. "But Bonacina says from a certain Declaration of the S. C. that canons are not deprived of fruits if they are absent only for a few days beyond three months, for a transgression of this kind does not seem such as to merit the aforesaid grave penalty of deprivation of half the fruits." L. 129. They cannot use vacations on Sundays and feast days of the whole year, nor on the days of Advent, Lent, the octaves of the Nativity and Resurrection of the Lord, Pentecost, and Corpus Christi. S. C. C., June 21, 1640. "But canons in the three months in which they are absent do not gain distributions, but they do indeed gain the fruits of the prebend, provided they resided and frequented choir during the remaining time of the year." L. ib.; S. C. C., September 14, 1829. A canon who uselessly wastes the three months conceded by Trent more probably is not held to restore the fruits of the benefice. The reason is that the Council absolutely concedes to canons to be absent for three months, with no special cause required. Not all canons can be absent at the same time on the permitted days, nor beyond a third part of the chapter, lest worship be impeded. S. C. C., March 12, 1594; June 21, 1640; S. R. C. 113 ad 2; 152 ad 7. It is indeed penal that from Trent l. c. they must be deprived of half or all the fruits, and therefore they are not to be paid before sentence. Thus Scavini, ed. Milan 1874, l. 1, n. 431, and others. S. Alphonsus requires no sentence of the judge from a Declaration of Benedict XIV. But this in reality is not sufficiently established. L. l. 3, n. 675.

If they depart from the diocese during the time permitted by the Council, they need the permission of the Bishop; but otherwise if they do not depart from the diocese. S. C. C., March 12, 1594; May 9, 1626. Canons absent from choir lose distributions. Trent s. 22, c. 3 de R.; s. 24, c. 12 de R. Distributions lost on account of absence cannot be condoned by associates. S. C. C., December 6, 1794. It is in the power of the Ordinary, beyond the conciliar months, to concede another from a just cause, S. Pius V, October 7, 1580, apud Fagnan on C. Licet n. 4 de Praeb.; indeed he can even permit a longer absence on account of an extraordinary cause, namely because of infirm health, raging persecution, or undoubted utility of the Church or of the republic. Trent s. 21, c. 3 de R.

Canons cannot serve choir through substituted outsiders, nor, when absent from the city where the Cathedral is and from its suburbs, can they mutually substitute one for another. Trent l. c.; S. C. C., May 31, 1721; L. l. 3, n. 675. But the absent are not held to substitute someone for themselves. S. C. C., March 15, 1785. L. 189; Benedict XIV, Notification 157; E. M.

What about the office of choir? - All canons are held in choir, instituted for psalmody, to praise the name of God reverently, distinctly, and devoutly with hymns and canticles. Nor are they excused because perhaps they are few; for the S. C. C. defined on March 13, 1696, that canons, even if few, for example two or three, are held to sing or recite the office in choir. Hence it is not sufficient that canons only be present at choir or offices; but they are held to concur themselves in song or recitation, insofar as they can, with raised voice and with pious affection of heart. Trent s. 24, c. 12 de R.; E. M.

While the canonical hours are being paid in choir, private Masses cannot be celebrated at the choral altar. S. R. C., December 20, 1878; January 14, 1888, ad 3; November 21, 1893, ad 1, n. 3814.

Do canons sin gravely who do not assist at choir beyond the time permitted by Trent? - Several deny it; but it must more truly be affirmed, if they are notably absent from choir beyond the time permitted by Trent, such as is not three or four days. The reason is that, as is established from Trent s. 24, c. 12 de R., the obligation of assisting does not arise from distributions, so that if they renounce these, they free themselves from every obligation; but from the primary institution of benefices, which have been instituted not on account of anyone's utility, but on account of the worship of God and for undertaking the divine ministries. L. l. 3, n. 675.

What are canons held to restore who are not present at choir? - Those who are absent without a legitimate and just cause do not gain distributions; these accrue to those present; and contrary custom is not admitted. This is established from C. Consuetudinem un. de Cler. non resid. in 6, from Trent l. c., and from S. C. of the Council, January 21, 1905; May 12, 1912. Moreover they must restore the fruits of the prebend, but not before sentence, even if they are absent from choir beyond the conciliar months. This is established from the same Trent l. c. For it is said: in the first year let them be deprived of half the fruits; in the second year let them be deprived of all fruits. Those who are absent from legitimate causes lose neither the fruits of the prebend nor distributions. Legitimate causes are infirmity, reasonable necessity of the body, and evident utility of the church, namely of the church concerning whose distributions there is question; not of another particular church or of the general church. But he who is absent on account of causes diverse from the three aforesaid, yet also just, for example on account of study, visitation, and other things of this kind, does indeed gain the fruits, but not the distributions. Likewise they do not gain distributions among those present, although they are absent from legitimate causes, if these from the disposition of the testator, or from statute, or from the custom of the church, are owed only to those actually present. S. C. C., June 26, 1745.

Commonly there are held as present: a canon-curate in the Cathedral or Collegiate itself, while however he is occupied in the care of the parish; the penitentiary, while in his church he hears confessions; the theologian, on the day on which he expounds Sacred Scripture to the faithful. Trent s. 22, c. 3; s. 24, c. 8 de R. To these are to be added, in Italy and the adjacent islands, those who are occupied in spiritual exercises for ten continuous days per year, namely with the permission of the Bishop, and not on those days on which it is prohibited to be vacant, namely Advent, Lent, and the principal feasts. Clement XI, Encyclical February 1, 1700. "Dignitaries or canons, beneficiaries, and all others belonging to the choir, who either give their labor to the compiling of processes of Servants of God and of Blessed persons, whether Ordinary or Apostolic, or have been called as witnesses, are to be regarded, within or outside the City, as present in choir, with office changed; and therefore they are to receive all emoluments, even eventual ones." S. R. C., November 21, 1893, n. 3812, General Decree, and July 13, 1904, General Decree, A. S. S. v. 37, p. 255 ff. "Among the emoluments to be received are also included those which are commonly called falle." S. R. C., May 25, 1909, A. A. S. v. 1, p. 502. - Trent s. 21, c. 3; s. 22, c. 3; St. Pius V, C. Cupientes, July 8, 1518; Benedict XIV, Instruction 107, n. 56; L. 130, 131; E. M.

There is a special decree concerning the discipline of choir to be observed in the City, namely the decree Decorem domus of the S. C. C., November 30, 1910. Cf. Supplement n. 215.

Do canons satisfy choir, so that they are not held to restitution, who indeed are present in choir, but by no means sing, or recite in a lowered voice? - It is certain that they not only lose all distributions, but are also held to restore the fruits of the prebend; yet these, again, not before sentence, and only beyond the conciliar months. Therefore it seems certain that they sin gravely, if the quantity is grave. C. Cum semper, August 19, 1741; Brief Dilecte Fili, January 19, 1748, Benedict XIV; L. l. 3, n. 675.

Note: The things said about canons concerning choir are to be understood also of beneficiaries who, by reason of the benefice, are obliged to choir. "It must be observed that whenever by the organ something is represented as to be sung or answered alternately to the versicles of hymns or canticles, that which is to be answered by the organ is to be pronounced by someone in choir in an intelligible voice. And it would be praiseworthy that some cantor should sing the same together with the organ in a clear voice." Caeremoniale Episcoporum l. 1, c. 28, n. 7. "Those parts, both of the divine office and of the Mass, which are omitted because of the sound of the organ, are to be said in choir in a lowered voice; but when it is not played, they are to be sung integrally." S. R. C., July 22, 1848. If the aforesaid omitted parts are not recited in a lowered voice, satisfaction is not made for the obligation of the divine office. L. 143.

Canons, properly so called, who constitute the Chapter, must be present at it when duly convoked; and it is grave if they are ordinarily absent, unless they are excused either by a just cause, or by the lightness of the business, or by the time of vacations. - "Honorary canons, as regards the use of insignia, are to be equated with titular canons when they discharge sacred ministries in the choir of the Cathedral." S. R. C., July 21, 1906; March 16, 1876. As regards canons who are Apostolic Protonotaries, cf. the Motu Proprio Inter multiplices of Pius X, February 21, 1905. E. M.

A canon can well exist without a benefice or without a prebend. These two, canonry and prebend, are distinguished. A canonry, or commonly a canonicatus, is a spiritual right which comes from the election or reception of someone as a Brother or Canon. The aforesaid right imports the right of having a seat in choir, or commonly a stall, a voice in the Chapter, and of having a prebend or competent portion of the fruits of the canonry. Therefore a prebend further imports the right to receive the annual fruits of the canonry, whether owed from the title of canonical right. Hence one who has both is called a prebendary canon. Ferraris v. Canonicatus, a. 1, n. 1 ff.

Can the Bishop permit that habitually not all the hours be sung? - R. In the negative, and this has already been decided several times by the S. C. C. - Lucidi, de Visitatione, 3rd ed., Rome 1883, etc., v. 1, p. 324 ff.

Must the Office of the Dead, of the Blessed Virgin Mary, and the Gradual Psalms be recited in choir from obligation? - R. In the negative, from the Constitution of Pius X Divino afflatu, Rubr. tit. VII, n. 2. Cf. here n. 116, 129.

What about the conventual Mass? - Canons are held in turn to sing the conventual Mass, and to apply it on individual days for founders and benefactors in general, and the others must be present at it. Benedict XIV, C. Cum semper oblatas. "Canons are wholly held to celebrate and sing the conventual Mass of the current office, in order that they may licitly gain the daily distributions." S. R. C., June 25, 1611; February 27, 1847. The alms of conventual Masses are not to be taken from the fruits of the prebend of individual canons, but from the mass of distributions. S. C. C., March 18, 1719, Ferrara. - If the bishop sings a solemn Mass, the hebdomadary must celebrate and apply a read Mass for benefactors. S. R. C., November 12, 1831, ad 20, n. 2682. - Lucidi l. c. v. 1, p. 305 ff.; v. 3, p. 188 ff.; L. 419; E. M. "In churches in which there is an obligation of choir, only one Mass with the assistance of those belonging to choir is always to be celebrated; and indeed of the office of the day, unless the Rubrics dispose otherwise; other Masses which up to now were celebrated with the aforesaid assistance are in the future to be read outside choir, after the proper canonical hour. Exceptions are etc." Pius X, C. Divino afflatu, Rubr. tit. XII.

Moreover in the Rubrics of the Missal, tit. 15, n. 2, as regards Masses of choir, these things are prescribed: "The conventual and solemn Mass ought to be said in the following order: on double and semidouble feasts, on Sundays and within octaves, after Terce has been said in choir; on simple feasts and ferias through the year, after Sext has been said; in Advent, Lent, Ember days, even within the octave of Pentecost, and on vigils which are fasted, although they are solemn days, the Mass of the season must be sung after None." Cf. ib. nn. ff.

Therefore the celebrant is held to read Mass at another altar, but in the same church, and then, if choir still continues, he is held to return to it. And if he celebrates Mass at the proper hour, he also gains distributions, since he is absent from choir according to the prescription of the Rubrics. "On the Commemoration of all the Faithful Departed, the office and Mass of the current day having been omitted, only the office with the Mass for the Dead is done, as is prescribed in the Appendix of the New Psalter." Pius X, C. cited, Rubr. XIII. Therefore the office and Mass of the current day are omitted.

In cathedral and collegiate churches, as regards the solemnity of Masses and Vespers, in the choral office, on recently suppressed feast days, according to the M. P. Supremi disciplinae of Pius X, July 2, 1911, the same things are to be observed as before the suppression. S. C. C., August 8, 1911. Cf. 238 bis.

What about the assistance owed to the Bishop? - Trent s. 24, c. 12 de R. establishes thus concerning canons of Cathedrals: "All are to be compelled to assist and serve the Bishop when celebrating or exercising other pontifical functions." The Caeremoniale Episcoporum, l. 1, c. 15, agrees, and declares that all canons are held to assemble in canonical habit at the designated place, and both to lead the Bishop proceeding to the church for the sake of exercising pontifical functions, and likewise to accompany him when returning. But this is to be understood when on more solemn feasts or ceremonies the Bishop comes to the Church in order to celebrate, or to be present at the sacred rite, dressed in the cappa, or to perform pontifical functions. "On other days it is enough that some from the dignities and canons receive and lead back the Bishop dressed in the cappa at the door of the church." S. R. C., June 13, 1891, Mont. Polit. ad 4. But canons are not held to assist the Bishop when he celebrates privately. - Decr. Auth. S. R. C. n. 3782, 3828; Plenary Council of Latin America 233. "The functions which the Bishop would perform in the cathedral church, if he were present, and which pertain to him, when the Bishop is impeded, absent, or deceased, pertain successively and not alternately to the dignities and canons of the same church," namely to the next more worthy dignity of the chapter. S. R. C., July 9, 1895, n. 3865.

Canons also compose the general council of the Bishop. For the Bishop, unless a contrary and true custom is present, in a particular case must ask the counsel of the canons before he issues mandates; but he does not need their consent in order to establish and urge them, unless in cases determined by law. Namely, the canons in that council do not have the right of deliberative vote, but merely of consultative vote. For thus Benedict XIV, de Synod. l. 13, c. 1, n. 8, 9: "Much in this matter is to be deferred to the custom of places.... It is certainly not necessary that the Bishop, about to promulgate new laws, should demand the opinion of the whole clergy; but it is enough if he asks the counsel of his own chapter, although he is not held to follow it.... Indeed the Bishop will even be freed from the obligation itself of seeking the chapter's counsel, if by legitimately prescribed custom he has acquired for himself the right of establishing and publishing laws without consulting the chapter." S. R. C., July 12, 1892, n. 3782; E. M.

What about the office of canons when the See is vacant? - When the episcopal See is vacant, the whole jurisdiction of the bishop, except those things which savor of innovation or alienation, and likewise except the erecting of confraternities and the approving of their statutes, whether that jurisdiction is ordinary or delegated by law, passes to the chapter, and from it to the capitular Vicar, to be elected within eight days, so that the chapter cannot retain for itself even the smallest part of jurisdiction. From decrees of the Holy Office, November 24, 1897; April 20, 1898; June 22, 1898, the faculties habitually granted by the Holy See to the Ordinary, either for a predetermined time or for a determined number of cases, also pass to the capitular vicar. Nevertheless he cannot undertake visitation before a year has elapsed from the last Sacred Visitation; nor convoke a synod before a year has elapsed from the last synod; nor grant dimissorial letters for tonsure or orders within the year, except to those who are pressed, i.e., laymen presented to an ecclesiastical benefice, and clerics who by reason of a benefice obtained must receive some order within the time defined by law or by the documents of the foundations. "Yet the chapter, when the See is vacant, can, even within the year, give testimonial letters to someone who from elsewhere has permission to receive orders. Probably it can also give someone permission to be initiated by first tonsure, because tonsure is not an order.... But that which the chapter can do, when the See is vacant, it cannot do through itself, but through the elected vicar." L. 788. Nor likewise can it confer benefices, except benefices of lay patronage, bestow indulgences, or perform episcopal functions which pertain to the bishop in the cathedral, S. R. C., April 22, 1871, n. 3247, etc. - The office of the capitular Vicar ceases as soon as the new Bishop has presented the letters of institution to the chapter of his church and has obtained possession of it; but the favors granted by him remain, so long as they have not been revoked. - The capitular Vicar is to be elected as one "who at least is a doctor or licentiate in Canon Law, or otherwise, as far as can be done, suitable." Trent s. 24, c. 16 de R. He who performs the office of capitular Vicar will be a titular Protonotary only while this office lasts. - From S. R. C., November 12, 1831, Marsorum ad 32, the decree having been preserved in the most recent edition, he is not held to celebrate Mass for the people. - Decret. tit. Ne Sede Vac.; C. 1, 14 de Maior.; Reg. 2, 11 Canc. Apost.; Trent s. 7, c. 10 de R., s. 24, c. 16 de R.; Pius IX, C. Rom. Pontifex; Plenary Council of Latin America 212-214; S. C. Indulg., November 15, 1878; November 23, 1878; A. S. S. v. 11, p. 353; Benedict XIV, de Syn. l. 2, c. 9; Sanchez, de Matr. l. 3, d. 28, n. 5; L. l. 6, n. 788; E. M.

227 bis. Both within and outside the Cathedral, honors and distinctions above the chapter, which are used for the bishop's vicar general, do not belong to the vicar general if he proceeds collegially with the chapter. S. R. C., April 22, 1871, n. 3247. Canons who have renounced their canonry can be enrolled among honorary canons by the Bishop, after the chapter has been heard. S. C. de Prop. Fid., July 7, 1904.