Article — Marc, Institutiones Morales
ARTICLE I: On Works Which Are Forbidden on Feast Days
- Preliminary notes. 1. A threefold genus of works is usually distinguished, namely: a) Servile works, which are exercised by the body and immediately ordered to the utility of the body, as to dig, to sew, etc.; they are called servile because they are accustomed to be done by slaves. Among these certain ones are less servile, as is explained n. 659, 3. b) Liberal works, which proceed chiefly from the soul and look to cultivating the mind, as to read, to teach, to sing, to play organs; they are called liberal because they are exercised by free men. c) Common or middle works, which are accustomed to be done indiscriminately by free men and slaves, as to make a journey, to hunt, etc.
To these are added d) Forensic works, which look to the market, or to the forum concerning decisions of cases, such as citation of parties, compilation of the process, examination of witnesses, etc., which are prohibited by special law.
- To judge the servile character of the work of which there is question, attention must be given primarily to the nature of the work, and this is the positive, primary mark of works prohibited on the Lord's day. Do not attend to the negative mark, namely whether the work is done for the sake of gain or recreation, with fatigue or not, for a brief or long time. Thus, for example, to knit stockings by hand, which of itself is servile, is not so grave to the body as to play organs, which is liberal. Attention must also be given to the common estimation which brings decisive weight for many works of doubtful nature; or to other adjuncts, for example to the vile apparatus of the work.
Therefore a fourfold genus of principles must be brought forward: concerning servile, forensic, liberal, and common works.
- PRINCIPLES. I. Of themselves, all servile works are forbidden on Lord's days and feast days. This is established from what was said n. 656. - Read what St. Alphonsus wisely admonishes (l. c.) that you may know what works are reputed as servile. Let each person also consult the particular responses which are given in the periodicals of each region. For there much attention is given to local customs.
Hence there are forbidden: 1. Rural works, as to plow, to sow, to gather the harvest, etc. Likewise works of mechanical arts, as of the tailor's, shoemaker's, carpenter's, mason's, blacksmith's, typographical art, etc. Several authors admit that typographical characters can licitly be arranged, led by this reason, that such occupation is similar to writing. Nevertheless, if it is exercised in a public workshop by many, by reason of the servile apparatus and common estimation, it is held as servile.
Likewise the work of grinding is forbidden, if the mill is worked with beasts and requires much cooperation of man for itself; but not if the mill is turned by water or wind or electrical force. To skin larger beasts; to exercise the work of a butcher; to hunt, to cast a net with many accompanying; to bake bread, in a case in which the baker can provide for himself on the preceding day: these are numbered among servile works.2 Measurement of fields, distillation, are judged servile if they are done with great apparatus, after the manner of fulfilling a duty (Ami du Cl., 1903, p. 637).
By the nature of the work there is forbidden the making of rosaries, wax images, artificial flowers, but not artistically arranged ones; cf. Ami du Cl., 1902, p. 40; multiplication of copies, polycopy, if it lasts long; labor with a hook, crocheting, travail au crochet, hakeln. But such occupations are less servile, and participate somewhat in the nature of liberal works. Therefore, that there be grave matter, a greater space of time is required. Indeed, with some cause, they will be able to be permitted without any fault, if they are continued for a short time, or at least not beyond two hours, says St. Alphonsus (l. c.). Indeed, custom acceding, such things, since they require very little apparatus, can become licit even without cause. Say the same of plucking roses, peeling fruits, drawing musical lines, threading gems onto a string for making a necklace, and similar lighter labors, at least if they are not done for as long a time as on a weekday.
(2) To drive loaded wagons, according to St. Alphonsus, III, n. 276; ed. G., I, p. 552, is not servile; and he applies this to muleteers and sailors. Yet see whether in such or such a region this may be interpreted equally benignly.
- II. Forensic works are forbidden, that is, judicial actions and markets. This is established from the last c. de Feriis.
Therefore there are forbidden: 1. Judicial actions, namely those which regard any litigious cases whatsoever, where judicial process, judicial apparatus, and noise are required. Hence it is not licit to cite the accused, examine witnesses, receive a judicial oath, pronounce or execute a sentence, unless necessity or piety demands otherwise. But the exercise of voluntary jurisdiction is not forbidden; whence it is licit: to excommunicate, to dispense, to confer benefices; to make testaments, to consult an advocate, to inform a judge privately, and to complete other similar acts before a notary which lack judicial noise (III, 284, 287).
- Markets, namely those which are held with noise, or in public shops, because they greatly distract the soul and turn it away from the sanctification of feasts. Yet annual fairs affixed to a certain day are permitted when they fall on a feast day. As regards weekly markets, these of themselves are prohibited; except in those places where a legitimate custom is in force, as Benedict XIV declared (Const. Ab eo tempore, of the year 1745; III, 285). Also permitted are sales and purchases of houses, horses, merchandise, etc., among private persons. Indeed, in certain places, after the divine offices have been completed, public sales under the spear, auctions, are tolerated, because on other days fewer buyers would come together. Also tolerated in most places are sales in shops which are opened very early in the morning so that things necessary for daily use can be bought.
- III. Liberal works are not forbidden. This is established from the absence of a prohibitive law and from the practice of the timorous.
Hence: 1. It is licit on feast days to devote oneself to the study of letters, to teach, to sing, to play musical instruments, to draw, to write, indeed to transcribe, or to use a typewriter (III, 278; Ami du Cl., 1908, p. 399).
- It does not seem illicit to PAINT; for painting, provided there is not notable labor in preparing colors and panels, seems rather a liberal than a servile work, since the mind of the painter works more than the hand (III, 280; H. Ap., VI, 10).
Nor similarly does the photographic art seem illicit, unless it requires many preparations. Thus Berardi (Prax. conf., 372); D'Annibale (III, n. 121).
According to several, it is licit for women to paint images with a needle: for this, they say, is referred more to exercising ingenuity than to working. But others excuse girls painting with a needle, that they may learn, or that they may avoid idleness.
On the contrary, it is not licit to sculpt; for the sculptural art, at least in the estimation of men, is numbered among the mechanical arts. Except, if it is a question of the final perfection of the work (III, 281).
- IV. Common works are not forbidden, provided they are not done with great labor, noise, or apparatus. This is established from universal practice.
Hence: 1. It is licit to make a journey on foot, by horse, carriage, or ship; whence even the things necessary for these are licit, although perhaps they are servile, for example to row. 2. It is likewise licit to hunt, fish, catch birds, unless this is done with great labor, noise, etc. (III, 274, 283).
- Questions. QUES. 1. What matter is judged GRAVE in prohibited works?
Resp. 1. If it is a question of servile works, some say grave matter is three hours: which opinion is too lax. Others say one hour, which from the other side is too rigid. Others judge two hours, whether continuous or interrupted, and this especially if the labor is very servile, as to dig earth, cut stones, etc. Yet there are many others who require something more for mortal sin, namely two and a half hours: which opinion, as more common and more probable, as Croix has it, has now been received.3 2. If it is a question of forensic and judicial works, the gravity of matter is to be taken not so much from quantity of time as from the quality of the work; for here the solemnity of the act is rather attended to (III, 307).
QUES. 2. Whether he sins gravely who on a feast day commands six servants to labor for an hour?
Resp. Negatively, more probably, whether they labor at the same time or successively; because, since the individual servants sin only venially, the master also inducing them to labor sins only venially. "Otherwise it would certainly be if the master should command one servant to labor several times on a feast day up to grave matter." Likewise, by reason of scandal, labor protracted for half an hour can be grave matter (III, 306; ed. G., I, p. 568).
If it is a question of non-baptized servants, recall what was said n. 653.
QUES. 3. What in doubt whether a work is servile?
Resp. It is a doubt concerning the extension, and therefore concerning the existence of the law, whence liberty possesses.
(3) As regards the less servile works, we have already said (n. 659, 3) that a longer space of time is required for grave matter to be had.