Article II: On The Obligations Of Canons

2260. • CANONS are so called from the Canon or rule which they ought to observe in the service of the Church. Today they are divided into Regulars, who under the care of an Abbot lead a common life bound by vows; and into Seculars, who in the world, separately, under the care of the Bishop, live from a benefice or prebend, and from choral distributions.³ These pertain either to a Church simply Collegiate, or to a Cathedral; whence they contract special obligations, which the Canonists or particular Statutes hand down.

Here, we shall speak only of the offices annexed to any Canonry whatever: which offices indeed are expressed in the following verse:

Solicitude of choir, residence, perpetual Mass.

2261. • I. Canons are held to RESIDENCE. For thus the Council of Trent established (sess. 24, cap. 12, de Ref.): "Let it not be licit for Canons by force of any Statute or custom whatever to be absent beyond three months... in any year, the constitutions of Churches which require a longer time of service nevertheless being preserved." - The same Council decreed (loc. cit.) that Canons who are absent beyond three months in the first year be deprived of half the fruits; but if they have persevered in absence, let them be deprived of all the fruits of that year. "But with contumacy increasing, let proceedings be taken against them according to the constitutions of the sacred Canons," namely to the deprivation of their benefices.⁴

Yet concerning these things it must be NOTED: 1. Since the decree is personal, it demands a sentence, that it may obtain its full effect. But because a Canon illegitimately absent does not make the fruits his own, he cannot exact or retain the fruits corresponding to the time of absence.

2. Since in individual years a vacation of three months from choir is conceded to all Canons, the time of vacations must be so distributed that never more than a third part of the Chapter is on vacation; because vacations are conceded to Canons, but not to the Chapter; for the divine worship to which they are assigned ought not to be vacant.

3. Canons, while they are on vacation, are not held to substitute someone for themselves. Nor do they need the permission of the Chapter or Bishop for departing within the diocese. But if they wish to travel outside the diocese, the permission of the Bishop is necessary for them. Thus the Sacred Congregation of the Council in one Senen., 12 March 1594.⁵

4. It is enough for the violation of the law of residence if the days of absence, although interrupted, exceed the three-month period.⁶ But Canons (not Bishops) can well join the three-month period conceded with the three-month period of the following year, unless scandal should occur, or divine worship be diminished.⁷

5. The Bishop can, on account of a legitimate cause, give the faculty that they can be absent for four months, from the decision of the Sacred Congregation of the Council (7 October 1580).⁸

6. A Canon legitimately absent gains the fruits of the prebend, but not the choral distributions, which cannot be remitted even by his associates; and the reason is because distributions are made so that beneficiaries may be enticed to assisting.⁹

2262. • II. Canons are held to sing or chant the DIVINE OFFICE in choir. This is established from Trent (sess. 24, c. 12, de Ref.). - Nor are they therefore excused because perhaps they are few; for the Sacred Congregation of the Council on 31 March 1696 declared that Canons, even if few, for example two or three, are held to sing or recite the office in choir.¹⁰

Hence: 1. It does not suffice if they are only present at the choir or offices; but they are held, insofar as they can, to concur in the singing or recitation, with a high voice and pious affection of heart. Nor do they satisfy, although present, by private recitation, as is established from the Constitution Cum semper of Benedict XIV, 19 August 1744.¹¹

2. They sin gravely if they are notably absent from choir beyond the time permitted by the Council of Trent; and venially, if for a brief time, e.g. three or four days. Therefore those Canons err who think themselves safe in conscience provided they yield the distributions; for the obligation of choir is altogether independent from the distribution itself.¹²

3. The Bishop cannot order that certain Hours be omitted in choir; but for this, if a just cause is given, an Apostolic Indult is necessary. This is established from the Response of the Sacred Congregation of the COUNCIL to the Chapter of the Church of Moulins in the year 1822.¹³

You will ASK whether Canons can serve the choir through substitutes, or alternately one for another? Resp. Negatively, generally speaking; because it is against the prescription of Trent (loc. cit.), where it is said: "But let all be compelled to perform the divine offices by themselves and not through substitutes"; and against the declaration of the Sacred Congregation of the Council given on 25 July 1570, even if a custom or statute permitting this were present.

It was said generally speaking; because the Sacred Congregation of the Council declared "that the Bishop, where a custom is present, can concede the faculty to Chapter members of substituting themselves mutually in the service both of the church and of choir; provided they are not substituted in those times in which they are bound to the service of the church; and provided the Bishop take care that they not abuse this faculty of substituting; for example if substitutions of this kind are too frequent." But at another time the Sacred Congregation of the Council declared that this decree has place only among those present.¹⁴

2263. • III. Canons are held, under grave obligation, TO CELEBRATE one MASS DAILY in chant, and to APPLY it for the founders and benefactors of the Church. This is established from the Bull Cum semper of Benedict XIV (cf. n. 1617, 4).

Furthermore it must be NOTED: 1. All Canons ought to be present at this Mass in choir. But he upon whom the burden of the Conventual Mass is incumbent, on the day on which the Bishop celebrates pontifically, should apply it as a low Mass (thus the Sacred Congregation of Rites, 12 November 1831, Marsorum).¹⁵ - 2. The obligation of applying Mass for founders can be reduced by the Holy See to feast-days if Canons are so poor that they need Mass stipends for living. From the cited Bull Cum semper, § 19.

2264. • It is ASKED. What are the CAUSES EXCUSING from the service of choir?

Resp. 1. The causes TOTALLY excusing (namely, while they stand, Canons are deprived neither of the fruits of the prebend nor of ordinary distributions) are the following: 1) Grave infirmity, or one which can probably become grave. - 2) Necessity of the body, by which is understood fear of any grave harm in life, honor, or goods. - 3) Utility of the Church, which namely is reputed grave by the judgment of the Bishop or Chapter: by which title are excused the Vicar Capitular (not General), the Penitentiary, the curative Canon, the theologian, or preacher, while each of them is actually performing his duty. Likewise the Canon who at Rome performs the Visitation of the Holy Thresholds with the Bishop, or in the name of the Bishop. - 4) Indult of jubilation, by which namely a Canon after 40 years of service laudably performed obtains, through Rescript of the Holy See, exemption from choir and residence; yet so that he can again be called, if the necessity of choir demands it.

Resp. 2. The causes PARTIALLY excusing (namely, so that the absent one gains the fruits of the prebend, but not the choral distributions, unless there were another custom) can be reduced to THREE: 1) Legitimate absence for three conciliar months, according to what was said n. 2261. 2) Necessity of teaching theology or sacred Scripture in public schools; or permission conceded by the Bishop of studying the same for three years, within the twenty-fifth year of age, from more recent decisions. 3) Any legitimate impediment whatever approved by the Bishop. Thus Canon examiners are excused while they examine during the time of Office; Visitors of the diocese; those two Canons whom the Bishop can choose for himself as secretaries.¹⁶

Note. Cathedral chapters were instituted chiefly for this end, that each would help its own Bishop, and, with the See vacant, would provide for the government of the diocese.

Hence: 1. With the See FULL, Canons of the Cathedral Church are born Counselors of Bishops; and just as the Bishop, unless a contrary custom flourishes somewhere, is held in all cases determined by Law to consult them concerning mandates to be issued: so equally the Canons are held to help the Bishop with their counsels; nor are they free from fault if, having been consulted, they keep silent about their opinion without just cause, or utter it with little sincerity (cf. n. 140, note 1). - They are also held to assist the Bishop exercising Pontificals and to serve him.

2. With the See VACANT, the whole jurisdiction of the Bishop, whether ordinary or delegated by law, passes to the Chapter (except those things which savor of innovation or alienation) and from the Chapter to the Capitular Vicar, who must be constituted within eight days from the vacancy of the See. - But concerning the Capitular Vicar, see the Canonists¹⁷ (cf. n. 1327).