Article III. On the Obligations of Canons

115. • Canons, so called because formerly they were subjected to a common rule, constitute the council of the Bishop, and are bound by various obligations as to divine worship, the altar, choir, and, when the See is vacant, administration of the diocese.

Canons are constituted chiefly where there is an episcopal See, or Cathedral Church. Churches which besides the cathedral have a college of Canons are called Collegiate.

Some Canons are regular, who under a Provost live the common life bound by vows, and these are now found fewer; but others are secular, who live separately from benefices or ecclesiastical pensions, and observe the canonical institute as to various duties to be fulfilled in the Church.

But the chief obligations of Canons are reduced 1º to residence; 2º to the Office of choir; 3º to the conventual Mass; 4º to assistance of the Bishop; 5º to certain duties, when the See is vacant.

116. • Canons are bound to residence. For thus the Council of Trent establishes, sess. 24, ch. 12, De Reform.: "It is not lawful for Canons by force of any statute or custom whatsoever to be absent beyond three months ... in any year, with the constitutions of Churches which require a longer time of service nevertheless preserved; otherwise in the first year let each be deprived of half the fruits," etc. 2º Not all Canons can be absent at the same time, but not beyond a third part of the Chapter, because vacations are indeed conceded to Canons, but not to the Chapter; for divine worship, to which they are assigned, must not be vacant. Nor do they need the permission either of the Chapter or of the Bishop for departing within the diocese; but if they wish to go about outside the diocese, the permission of the Bishop is necessary for them. Thus the Sacred Congregation of the Council established. Nor do they need any special reason in order that they may be absent, as the same Congregation of the Council expressly declared on 4 May 1737.

But the time of vacation must not fall on the greater solemnities of Easter, Pentecost, the Nativity of the Lord, etc., nor on their Octaves, nor during the time of Advent or Lent.

117. Questions. - QUESTION 1º. Can the Bishop permit a longer absence?

Resp. If there is a legitimate cause, the Bishop can permit an absence of four months, indeed also a longer one because of an extraordinary cause, namely because of the offices of Christian charity, infirm health, raging persecution, or undoubted utility of the Church or Republic.

QUESTION 2º. Are absent Canons bound to substitute someone for themselves?

Resp. No. Thus the Sacred Congregation of the Council of Trent declared. The reason is that the other Canons present are supposed to suffice for attendance at choir and for performing divine worship. Hence they are of a better condition than Pastors, who can never be absent unless they substitute for themselves another suitable Priest.

118. • All Canons are bound to sing or chant the Divine Office in choir. This is established from the Council of Trent, sess. 24, ch. 12, De Reform. Nor are they for that reason excused because perhaps they are few; for the Congregation of the Council defined on 13 March 1696 that Canons, even if few, suppose two or three, are bound to sing or recite the Office in choir. Hence it does not suffice that Canons only be present in choir or at the Offices; but insofar as they can, they are bound to concur in the singing or recitation, with elevated voice and pious affection of heart. Nor do they satisfy, even when present, with private recitation, as is clear from the Constitution of Benedict XIV, Cum semper, 19 Aug. 1744. Therefore they sin gravely who without probable cause are notably absent from choir beyond the time permitted by the Council of Trent, and venially if for a brief time, for example, three or four days. - Thus commonly with St. Ligorius, Bk. 3, n. 675. Nor can they be absent longer, an Apostolic Indult being excluded, which for example is customarily conceded for preaching.

119. Questions. - QUESTION 1º. Can the Bishop permit that not all the Hours be sung?

Resp. No. For the Sacred Congregation, very recently asked by the Chapter of the Church of Moulins whether the statute of Lord Antoine de Pons, first Bishop of this See (year 1822), by which such permission was conceded to Canons, can be sustained, responded: "The aforesaid ordinance is not to be attended to." Nevertheless the same Congregation conceded permission to the Bishop that things be retained in the old state until certain circumstances are changed (apud D. de Conny, Des usages et des abus en matière de cérémonies, at the end of the work).

QUESTION 2º. Must the Office of the Dead, of the Blessed Virgin Mary, and the Gradual Psalms be recited in choir from obligation?

Resp. No. Because they are not of precept, but of directive rubric, or of counsel. - Thus commonly the Canonists. - Recall what was said above about the Canonical Hours, n. 60.

120. • 1º Canons, according to the common opinion of theologians and canonists, are bound under grave obligation to sing the conventual Mass daily. - St. Ligorius, Bk. 6, n. 314. This is established from the Bull of Benedict XIV, Cum semper, etc., and also from the response of Leo XII, who, having been asked by the Chapter of Le Mans, ordered that response be made in that sense. - Bouvier, on the fourth precept of the Decalogue.

2º But the conventual Mass 1º must be sung daily; 2º it must be applied to the founders and benefactors of the Church in general. Yet this obligation could be reduced by the Sacred Congregation of the Council to feast days, if the canons are so poor that they need the stipends of Masses for living. - Thus expressly as to all these things Benedict XIV in the cited Bull.

121. • 1º The Council of Trent, sess. 24, ch. 12, De Reform., thus established concerning Canons of cathedrals: "Let all be compelled to assist and serve the Bishop celebrating or exercising other Pontificals." The Ceremonial of Bishops, bk. 1, ch. 15, agrees, and declares that all Canons are bound to assemble in canonical habit at the designated place, and to conduct the Bishop proceeding to the Church for the sake of exercising Pontificals, and likewise to accompany him returning. But this must be understood when the Bishop comes to the Church on more solemn feasts or ceremonies, about to celebrate or to be present at the Sacrifice, clothed in the cope, or about to perform Pontificals. But they are not bound to assist the Bishop privately celebrating.

2º Canons moreover compose the council of the Bishop. For the Bishop, unless a contrary and true custom is present, in a particular case ought to ask the counsel of the Canons before he issues mandates; but he does not need their consent in order to establish and urge them, except in cases determined by law ¹. For thus Benedict XIV, On the Synod, bk. 13, ch. 1, nn. 8-9: "Much in this matter must be deferred to the custom of places.... It certainly is not necessary that a Bishop about to promulgate new laws ask for the opinion of the whole Clergy; but it suffices if he requests the counsel of his Chapter, although he is not bound to follow it.... Indeed the Bishop who by legitimately prescribed custom has acquired for himself the right of making and publishing laws without consulting the Chapter will be freed from the very obligation of seeking the counsel of the Chapter."

¹ ** Namely, Canons in that Council do not have the right of a deliberative vote, but merely of a consultative one.

122. • 1º The Chapter, when the See is vacant, succeeds the Bishop in ordinary jurisdiction, but not in that delegated by the Supreme Pontiff. Thus from Canon Law, with all Canonists agreeing.

2º The Chapter is bound within eight days to constitute a Vicar General, or to confirm an existing one; but if it has not done this, the right of constituting him devolves to the Metropolitan, and in his defect to the older Suffragan ². Thus the Council of Trent establishes, sess. 24, ch. 16, De Reform.

² Say the same if the election indeed has a place within the legitimate space of eight days, but has not been made duly and regularly.

3º The whole episcopal jurisdiction passes into the capitular Vicars General regularly elected, nor can the Chapter retain even the least part of it with itself. But Vicars elected by the Chapter can no longer be removed, except from a cause which has been recognized as sufficient by the Sacred Congregation of Bishops and Regulars. Nor can the Chapter place any conditions even on the election of the Vicar. Hence the power of capitular Vicars is indefinite, and endures until the Bishop elected and instituted by the Pope has shown the letters of his institution to the Chapter of his Church, and thus has obtained possession.

Moreover capitular Vicars can do whatever the present government of the diocese requires; but not all the faculties of the Bishop are attributed to them. Thus by Canon Law they are specially prohibited from innovating anything, diminishing episcopal rights, granting indulgences, conceding dimissorial letters before a year has elapsed, conferring irremovable titles, etc.