ARTICLE I: ON WORKS WHICH ARE PROHIBITED ON FEAST DAYS

410. • Works of three kinds must be distinguished: 1° servile works or works of the body, or those which both serve the utility of the body and are exercised rather by the powers of the body than of the mind, and are called servile because they are customarily done by servants or hirelings; 2° works of the mind, which are performed rather by the powers of the mind and pertain to cultivating the mind, and are called liberal because ordinarily they are exercised by free persons; 3° common or intermediate works, which are done indiscriminately by all. Forensic works are also distinguished, which look to the judicial forum or to the market.²

Meanwhile this must generally be set down beforehand: that the nature of servile work is to be taken neither from the intention, nor from the profit received, indeed neither from bodily fatigue. Thus it will be servile to plow another's field, although this is done from mere charity and altogether gratis; on the contrary, the playing of organs, or dancing, will not be servile, however long-lasting and laborious, nor will transcription be servile when prolonged through the whole day for the sake of gain.

411. Principles. - I. Properly so-called servile works are prohibited of themselves under grave sin to all the faithful on entire feast days, that is, through the whole natural day, from midnight to midnight. This is established from Canon Law,¹ from the custom and perpetual practice of the Church.

II. Forensic works also are prohibited, namely forensic actions which are had with judicial apparatus, as to interrogate parties, hear witnesses and advocates, pass sentence, etc. Thus from Canon Law.²

III. By the same law markets, fairs, public sales, and other similar things which are done with noise are prohibited. Yet fairs constituted for a certain day are excepted where legitimate custom is in force, if they fall on a feast day. - Thus Benedict XIV declared,³ St. Alphonsus.⁴

IV. Liberal works, common works, and some works which seem servile but are required for daily use, food, necessity, and the disposition of the body, clothing, or house, are licit, as to cook food, spread beds, sweep the house, and other things which conveniently either cannot or are not customarily deferred or anticipated. Thus from common practice and the judgment of all.

412. You will resolve. - 1° Rural works are prohibited on feast days, as to plow, dig the earth, sow, reap, cultivate vineyards, etc. Likewise works of the mechanical arts, for example of masonry, ironwork, carpentry, tailoring, cobbling, roofing, etc. Likewise most works which serve the typographical art. They probably except the setting of type. - Elbel,⁵ Laymann, Sporer, Tamburini, St. Alphonsus.⁶

2° Likewise it is not licit to make certain things which require light labor and which are customarily made by Nuns, for example rosaries, scapulars, wax images, artificial flowers, etc.; because these in common use are counted among servile works. Nevertheless, since those works and similar others are rather light, according to several authors they can be permitted, provided they are not prolonged beyond two hours. Similarly the same Doctors excuse maidservants who are occupied in plucking roses or peeling apples, even with urgent necessity excluded. - Thus Elbel,⁷ Bonacina, Filliuccius, etc. - But it seems rather that it must be said that in these works a greater space of time is required for lethal fault to be present. Thus St. Alphonsus opines.¹ - Yet they are not to be accused of any fault who are occupied with such occupations for a slight time.

3° Licitly, where custom has prevailed, food, drink, shoes, candles, cloths for making clothing, and other things of this kind are secretly sold and bought in public shops. Nevertheless merchants are exposed to the danger of penalties established by the civil laws of this region. As to innkeepers, see what was said n. 310. e) and 408. 10°.

4° Houses, horses, oxen, and other goods are licitly sold and bought, whether present or absent, whether in a small or great quantity, even if notable time is spent in this, provided these things are done among private persons. Yet by our civil law contracts are generally rescindable if they are entered into on Sundays.

413. Questions. - Quaer. 1° Is it licit to write or transcribe on a feast day?

Resp. to the first. Affirmatively, because this work is altogether liberal, since in it the mind principally acts. - Thus all.

Resp. to the second. Affirmatively, also more probably, because to transcribe, like to write, is ordered to instructing the mind. - Thus commonly with St. Alphonsus,² against Billuart and others.

Hence 1° it is also licit to draw out the designs of artisans and craftsmen, to form musical notes. - Elbel.³

2° Likewise it is permitted also to correct books, whether this is done by deleting lines or by placing glued paper over them. For although this seems servile, nevertheless it is accessory, since it is done accidentally by the corrector himself. - Elbel,⁴ etc.

Quaer. 2° Is it licit to carve or paint?

Resp. to the first. Negatively, of itself, because sculpture is commonly held among mechanical arts.⁵ - Yet probably an exception must be made if there is question only of the perfection of the work.

Resp. to the second. It is disputed.

The FIRST OPINION affirms, because painting is a liberal art, or at least intermediate between liberal and servile arts; for it is something very similar to writing, provided nevertheless that painting is done without great labor, such as would be had by mixing colors, preparing tablets, etc. - Thus Laymann, Azor, Sporer, etc.

The SECOND OPINION denies, because the action cannot be called liberal, since it is not directed, as writing is, to cultivating the mind, and because painting is almost the same as sculpture, which is a servile work. - Thus the Salmanticenses, Sanchez, Suarez, etc. - St. Alphonsus deservedly calls each opinion probable. What I have said about painting, I would say the same about photography.

414. • Quaer. 3° Is it licit to embroider images with a needle?

Resp. It is disputed. Many excuse it; for this is referred more to exercising ingenuity than to working.¹ - Sporer.²

Quaer. 4° Is it licit to hunt and fish?

Resp. Affirmatively, because these are not servile works, and they are tolerated by custom, provided they are not done with great labor, effort, noise, or apparatus. St. Alphonsus,⁴ and others commonly against a few.

Quaer. 5° Is it licit to make a journey on foot, by horse, by carriage? - Likewise is it licit to lead a loaded carriage or beasts of burden or ships?

Resp. to the first. Affirmatively, as is openly established from universal practice. The opposite opinion must be left as antiquated, says St. Alphonsus,⁵ after Ronesglia.

Resp. to the second. It is disputed, outside the case of necessity. The opinion now more probable affirms that it is licit, not only for continuing a journey begun, but also for beginning it, provided enormous and long-lasting labor is not required for loading the carriage; from which labor, however, the cause of avoiding grave damage, or of procuring public utility, or custom which perhaps has prevailed somewhere to the contrary, easily excuses.⁶

Quaer. 6° Is it licit to grind on a feast day?

Resp. Affirmatively, more probably, if the mill is turned by water or wind, because little or almost no labor of men is required. But otherwise if it is driven by beasts, unless the cooperation of man is slight. - St. Alphonsus, pace Tamburini, etc.⁷

415. • Quaer. 7° Is it licit for barbers to shave beards on a feast day?

Resp. Affirmatively, with a law prohibiting it and which is commonly observed excluded. The reason is drawn: 1° from general custom; 2° because generally only on feast days do workmen and especially country people seek the shops so that their beard may be shaved. Therefore if barbers did not furnish service to these asking, they would be left with great detriment to themselves. - Thus St. Alphonsus,¹ Viva, Tamburini, Gousset, Bouvier, etc. - I said: with a law prohibiting it and which is COMMONLY OBSERVED excluded. For if it is not commonly observed, the reasons recur because of which it is licit.

Quaer. 8° What matter is grave in work performed on feast days?

Resp. Many require at least three hours. St. Alphonsus,² several opinions having been brought forward, approaches more the opinion of Lacroix generally concluding that the more common and more probable opinion now is that it is not mortal unless one labors at least much beyond two hours, say two and a half hours. - And in the Homo Apostolicus,³ he says with Mazzotta that even a greater space of time is excused by some necessity. He adds,⁴ in forensic and judicial matters the quantity of matter is taken not from the quantity of time, but from the quality of the work.

Quaer. 9° Does he sin gravely who on a feast day orders six servants to work for an hour?

Resp. Negatively, more probably of itself, whether the servants work simultaneously or successively, because the works of servants are not united into one, and the individual servants sin only venially; therefore the master inducing them to the work forbidden under venial fault sins only venially. - St. Alphonsus,⁵ and others more commonly.