Section — Marc, Institutiones Morales

§ 1. On the Time and Place of Celebration

¶1623.
  1. Principles. I. TO CELEBRATE DAILY is licit and laudable, unless a special prohibition of the Church obstructs. - For "in the celebration of this mystery there is attended the representation of the Lord's Passion and the participation of its fruit; and according to each it was fitting to determine a time suitable for the celebration of this Sacrament. For because we need the fruit of the Lord's Passion daily, on account of daily defects, the Sacrament is offered daily in the Church regularly."20

It was said unless a special prohibition of the Church obstructs. Now, a prohibition of this kind obstructs on the last three days of Greater Week, namely:

  1. On THURSDAY in the Supper of the Lord, private Masses are prohibited.21

We say private Masses, for in individual churches, the solemn Mass to be celebrated by the rector of the church, or by one performing his functions, is admitted. - And here one must remember what the S. R. C. established, saying: "the rule prescribed in the Ceremonial Book is to be observed, which is conformable to the custom of the universal Church: namely that on Thursday in the Supper of the Lord, in memory that Our Lord Jesus Christ communicated the Apostles by His own hand, all presbyters, both Dignitaries and Canons, and any others from the body of the church,22 receive Communion from the hand of the Bishop or of another celebrating."23

Let the following things be noted: 1. The prohibition of celebrating, on Thursday in the Supper of the Lord, other Masses besides the solemn one suffers the following exceptions: 1. In smaller churches where the sacred functions of Greater Week cannot be solemnly performed, let rectors of churches strive to perform them, with the form of the small Ritual issued by order of Benedict XIII observed; with respect to other parishes which are destitute of clerics, the Ordinaries of places are able to indulge, for the convenience of the people, that pastors, with permission sought yearly, can celebrate a read Mass.24 2. For the convenience of the sick, the Bishop can concede that in the church, not in the private chapel of the hospital, one private Mass, besides the solemn one, be celebrated.25 3. A regular Superior can celebrate Mass privately in a private Oratory, for ministering Communion to Religious, and if the oratory is lacking, let this be done in the church, with the doors closed.26

  1. If on this day a Feast of precept occurs, for example of St. Joseph or the Annunciation of the Blessed Virgin Mary, provision is to be made by the Ordinaries of places that on that day, according to the number of Christ's faithful, several private Masses be celebrated before the solemn Mass.27 But the Masses to be said are of the solemnity of the day with Gloria and Credo, not of the feast, concerning which nothing is made.28

  2. But if the feast of the Annunciation of the Blessed Virgin Mary falls on Parasceve or on Holy Saturday, it ought, together with the precept of hearing Mass and abstaining from works, to be transferred in the universal Church to Monday after Low Sunday.29

  1. On FRIDAY of Greater Week, namely the day of Parasceve, the prohibition of the Church is absolute. On this day all priests must abstain from celebrating, and indeed under grave obligation, even if celebration would have to be made for furnishing Viaticum to a dying person. It is clear from the Rubric of the Missal and from Can. Sabbato 13, Dist. 3, de Consecr. The reason is that on that day, the Passion of the Lord is recalled by the Church as really enacted,1 and therefore it is not represented mystically through the consecration of the Eucharist.

  2. As regards HOLY SATURDAY, only the solemn Mass is permitted, and in smaller churches a read Mass, with the form of the small Ritual of Benedict XIII observed. But private Masses are altogether prohibited, in whatever churches and private oratories, notwithstanding any contrary custom whatever.

(20) St. Thomas, III, q. 83, a. 2. (21) Book VI, 350; 1 El. qq. ref., n. 69. (22) Gardellini, n. 1734, September 19, 1654. (23) Ibid., n. 3597, ad 16, September 10, 1701; n. 4353, December 22, 1770; n. 4815, ad 1, September 23, 1837. (24) Gardellini, n. 4583, ad 1, July 28, 1821. (25) Ibid., n. 4361, ad 9, March 27, 1773. (26) Ibid., 4870, ad 2, August 31, 1839. (27) Ibid., n. 3893, September 12, 1716. (28) Ibid., n. 4526, ad 15, September 7, 1816. (29) Ibid., n. 3204, March 11, 1690. (1) St. Thomas, III, q. 83, a. 2, ad 2.

¶1624.
  1. II. Private Masses can be said at any HOUR, from dawn until noon. - Thus the Rubric of the Missal,2 which also prescribes the time at which the conventual and solemn Mass is to be celebrated. But DAWN begins when the first brightness is spread over the earth, or from the beginning of light, which is various according to various places and times of the year. Let attention be given to the tables which are customarily appended to the directory of the divine Office. In regions where dawn is not had, the Rubric is understood "concerning the time which is equivalent and corresponds to dawn, that is, concerning the beginning of the civil, moral, and usual day, in which men are accustomed to rise at daybreak for works, according to the received and approved customs of the regions."3 - Moreover, in every region, the time both of dawn and of noon must be taken not mathematically, but morally, and "Benedict XIII agreed that a breadth of a third part of an hour can be tolerated, both before dawn, for Masses to be begun, and after noon," for them to be completed.4

The prohibition of celebrating before dawn and after noon obliges under grave sin in grave matter. It is clear from Trent,5 prescribing "that Ordinaries... by edict and proposed penalties should take care lest priests celebrate at hours other than the due hours." But grave matter would be to begin Mass an entire hour before dawn, that is, before the time at which, from the decree of Benedict XIII, it is licit to begin it, or an entire hour after noon. Short of an hour, the matter would be only light.

(2) Tit. 15, n. 1. (3) Apud Gardellini, n. 1007; Roman Missal, September 18, 1634. (4) Book VI, 341. (5) Sess. 22, Decr. de observ. in celebr. Miss.

¶1625.
  1. From the aforesaid law various CAUSES can excuse, namely:
  1. Exception of law, by which the solemn Mass of the Nativity of the Lord can be celebrated at midnight. Nor indeed is it licit on this night to celebrate successively two other Masses, nor to offer Holy Communion to the Faithful. Thus the S. R. C., April 28, 1703, in Savonen.; in Pisauren., April 20, 1641, etc.6 Indeed, as an abuse there was proscribed on September 18, 1781,7 the custom by force of which any priest whatever, without Apostolic Indult, would celebrate Mass before dawn on the night of the Nativity. Yet this is conceded to Bishops, that in public oratories or chapels they can tolerate one Mass, even without chant, according to the custom of the region. Thus it is gathered from the response of the S. R. C., September 7, 1850.8

  2. Apostolic privilege or Indult, conceded after the Council of Trent, by force of which it is licit for privileged persons to celebrate, for example, one hour before dawn or after noon; which ought to be understood of one hour before or after the time assigned for others not privileged; otherwise the privilege would profit little.9

  3. Necessity, for example that Viaticum be furnished to one dying, in which case it would be licit to celebrate even at midnight.

  4. A reasonable cause, for example that workmen and servants may be able to hear Mass very early in the morning. - Whence, if on a feast day the solemn Mass is prolonged rather far, a private Mass can be said one hour and more after noon; and probably also two hours, at least with the license of the Bishop, lest namely a great part of the people lack Mass. Likewise, from the cause of a journey, or of the funeral of some magnate, or of a sermon, or of Ordinations, it would be licit to celebrate Mass one hour after noon, or before dawn.10

  5. Dispensation; for the Bishop can dispense in some particular case, from a reasonable cause. And all religious Superiors have power in this same faculty toward their subjects, since they are their Ordinaries.11 - But Paul III admonishes: "Let them use sparingly any Indult whatever of celebrating, or causing to be celebrated, before day; because, since in the ministry of the altar Our Lord Jesus Christ, the Son of God, who is the brightness of eternal light, is immolated, it is fitting that this be done not in the darkness of night, but in the light."12

It is asked: Whether and what sort of sin it is to celebrate Mass before the recitation of Matins?

Resp. 1. If it concerns private celebration, several authors with St. Antoninus say it is mortal; others with Tamburini and Holzmann recognize no fault in this. But more commonly and more probably others with Benedict XIV13 teach that it is by no means mortal, both because it is not a necessary disposition for celebrating, and because an obligation of this kind is neither expressed in the Rubric nor commonly received. But they think it is not excused from venial fault, because in the Rubric this is now numbered among defects, and therefore it cannot be said to be of mere counsel. But any moderate reasonable cause excuses, as study, a journey, the will of the Superior, the expectation of the people, etc.14

Resp. 2. If it concerns a conventual and solemn Mass, authors "commonly and more truly affirm that it is mortal, unless a just cause intervenes, and a grave and public one, and without scandal. The reason is that such is the custom received in all churches where public prayers are said; so that, by acting otherwise, the public worship of God, the common good, and the suitable governance of the Church would be gravely injured."15

(6) Gardellini, n. 3648, ad 3; n. 1319; n. 1391, May 31, 1642. (7) Ibid., n. 4404. (8) Cf. Corresp. de Rome, tom. I, p. 381; and Bouvry, pars 3, tit. 15, rub. 4, n. 5 and 6. (9) Book VI, 346; cf. Collect. S. Sed., n. 384-387; likewise Benedict XIV, Instit. 68, n. 11. (10) Book VI, 344. (11) Ibid., 343-344. (12) Apud Benedict XIV, Instit. 13, n. 2. (13) De Sacrif. Missae, L. 3, c. 13, n. 4. (14) Book VI, 347. (15) Ibid., 348; and Exam. Ord., n. 113.

¶1626.
  1. III. It is licit to celebrate only ONCE in a day. In antiquity it was indeed licit to perform the Mass several times on the same day, but for many centuries now this has been prohibited under grave obligation. "Except on the day of the Lord's Nativity," says Innocent III,16 "unless a necessary cause suggests, it suffices for a priest, once in the day, to celebrate only one Mass."

There is excepted 1. The Day of the Nativity of the Lord. For on this Feast it is licit for any priest to celebrate three Masses, but the pastor is held to apply only one for the people (cf. n. 1609, q. 4). 2. A case of necessity: if indeed a great part of the people, on a Sunday or Feast of precept, would lack Mass, the priest can, with the license of the Bishop, celebrate twice. We say with the license of the Bishop, "to whose judgment it is left to determine whether a just and true reason of necessity intervenes in particular cases. Nor is it right for this faculty to be imparted indiscriminately to Bishops, but only on account of a true cause of necessity in a particular case."17 But if there seems to be a grave cause of BINATING, concerning which nevertheless it is not clear whether it is canonical or not, the mind and practice of the Holy See is that Bishops have recourse to it; namely when it concerns license to be conceded not for an act, but to be valid for a longer span of time. But if a sudden case occurs, in which recourse to the Bishop is not easy, his license can be presumed.18

It is asked: When is NECESSITY judged to be present for celebrating twice?

Resp. From the common opinion of theologians, this necessity is present in a threefold case. - 1. If some presbyter has two parishes, and the people cannot come together into either parish. 2. If some presbyter, although he does not have two parishes, nevertheless rules two peoples so distant from each other that one of them cannot stand by while he celebrates, while it could easily come together in some chapel.19 3. If all parishioners cannot at the same time come together for one Mass, whether on account of the narrowness of the church, or on account of the distance of places, Mass can be repeated in the same church.20

Therefore, these and similar circumstances occurring, another priest who can offer another Sacrifice being altogether lacking, there will be present a legitimate necessity of repeating the Sacrifice. Otherwise, however, any other cause being removed, such as scarcity of the priest, or the convenience of those who would wish to satisfy the precept of hearing Mass in their private chapels, or even very ancient custom which sometimes could be adduced, etc., it is not licit for a priest to repeat the Sacrifice.21

NB. Concerning the rite to be observed in the repetition of Mass, see the Appendix to the Roman Ritual.

(16) L. 3, Decretal., Tit. 41, cap. 3. (17) Lucidi, I, cap. 3, n. 380. (18) Benedict XIV, Const. Declarasti Nobis; Book VI, 351; Exam. Ord., n. 127; cf. Bouix, De Parocho, pars IV, cap. 6. (19) Acta S. Sed., vol. I, p. 8. (20) Benedict XIV, ibid.; cf. Thesaurus, tom. I, p. 63. (21) Cf. Lucidi, vol. III, n. 43; likewise Collect. S. Sed., n. 389, Instruction of the S. C. DE PROP. FIDE.

¶1627.
  1. Principles. I. By common and ordinary law, it is not licit to celebrate Mass except in CHURCHES, or in ORATORIES deputed to divine worship by the Bishop. - This is clear from Trent,22 prescribing: "Let Bishops not suffer that this holy Sacrifice be performed by any seculars or regulars whatever in private houses, and altogether outside the church and oratories dedicated only to divine worship, to be designated and visited by the same Ordinaries." That this Tridentine precept obliges under grave obligation is clear both from the very words which the Council uses and from the end which it intends.

CHURCHES are dedicated to divine worship through Consecration, which is reserved to the Bishop, or through blessing, which, by mandate of the Bishop, can be imparted by a simple priest.23

But ORATORIES in which it is licit to celebrate are only PUBLIC Oratories. Under this name come both those which have access on a public road and are open to anyone from the people, and those which have been erected in palaces of Bishops, monasteries, seminaries, hospitals, prisons, etc. (cf. n. 678). - Oratories which are dedicated to divine worship in perpetuity can indeed be consecrated, but ordinarily they are customarily only blessed. - Indeed, if they were probably judged not going to remain for long in the same place, the blessing would more advisedly be omitted. Yet deputation of the Bishop, by himself or through another, is always required. - But in houses of Regulars, erection is made through regular Superiors.24

It is said 1. By common law; for, from Apostolic Indult, it is licit to celebrate in private oratories. - Nor indeed can Bishops concede this license, unless grave and urgent causes are present, and only by way of act.25 But in private oratories, it is not licit to perform Mass except on the days expressed in the Indult, and with one of the persons present to whom the Indult has directly been conceded. Nor can several Masses be celebrated there if in the Indult it is said, as it usually is said: one Mass may be celebrated daily; except if celebration had to be made for ministering Viaticum to a sick person lying ill in the same or a neighboring house; in which case, even with the indultary absent, it would be licit to celebrate.26 Indeed, it is licit to celebrate in the house of the sick person or in a nearer place, if the place is decent, lest the sick person be deprived of Viaticum, namely when it can be carried neither publicly nor secretly. Thus the S. C. de Propag. Fid., December 14, 1868.27

Note. 1. The privilege of a private Oratory is at the same time personal and local, and therefore adheres to the designated place and is extinguished with the person.28 2. Private Oratories are not to be blessed with the form prescribed in the Ritual, since they are not vowed to God in perpetuity.29 The blessing of a house or place can be used. 3. Bishops, in certain circumstances, enjoy the privilege of a portable altar; namely when, in cases permitted by law or by special license of the Apostolic See, being absent from the house of their own habitation, they make delay in another's house; and similarly when, on the occasion of sacred Visitation or a journey, they are received somewhere as guests. Therefore in these cases, in the houses where they are staying, they can either perform Mass themselves, or command that another priest perform it before them. - But these cases removed, in no way is it licit for them, in houses of laymen, to celebrate or cause to be celebrated the Sacrifice of the Mass. Thus from the Decree of Clement XI, issued December 15, 1703, and from the Constitution Apostolici ministerii of Innocent XIII, May 5, 1723.30

It is said 2. By ordinary law; for, in a case of necessity, it is licit to celebrate Mass in any decent place whatever. "But CASES of necessity are: 1. if the church is destroyed; 2. if some priest is making a long pilgrimage through deserted places, or places of infidels; 3. if the church is not capable of the people, so that many would lack Mass; 4. if an army is found in camps, or a multitude of those sailing on the seashore. Thus commonly."31 Therefore in these and similar circumstances, lest the people be deprived of Mass on a feast day, it is licit to celebrate outside the church. But it is fitting that license be obtained from the Bishop if it can conveniently be sought. But if the case of necessity is doubtful, the Bishop can well dispense.32

It is asked: Whether it is licit to celebrate Mass at SEA?

Resp. That this be licit, an Apostolic Indult is required; which is customarily easily conceded under the following conditions: 1. if the distance from shore is long; 2. if the sea is calm, and another priest or deacon assists, who, if some movement is stirred up, may hold the chalice firmly.33

(22) Sess. 22, de observand. (23) Cf. Pontifical and Roman Ritual. (24) Gatticus, De Oratoriis, cap. 12, n. 18. (25) Benedict XIV, Const. Magno, June 2, 1751; Book VI, 359; De Priv., n. 64; likewise S. C. C., December 20, 1856, Thes. Res., tom. 115, p. 522. (26) S. R. C., August 27, 1836; Gardellini, n. 4782, ad 8. (27) Cf. Collect. S. Sed., n. 395. (28) Book III, 319, clause I. (29) S. R. C., March 11, 1820, ad 10; Gardellini, n. 4565; Collect. S. Sed., n. 397. (30) Book VI, 358; De Priv., n. 63; cf. Benedict XIV, De Sacr. Missae, sect. 2, n. 46. (31) Book VI, 359; cf. Gardellini, note to Decision of the S. R. C., August 27, 1836, n. 4783. (32) Book VI, 359. (33) Ibid., 356.

¶1628.
  1. II. It is prohibited under grave obligation, unless necessity is present, to perform sacred rites in a church POLLUTED, EXECRATED, or INTERDICTED. This is clear from Canon Law and from the Rubrics of the Missal, where it is had: "if, while a priest is celebrating, the church is violated before the Canon, let Mass be dismissed."34

The reason for the first and second case is that it is not fitting that the Immaculate Host be offered and divine Offices be celebrated in a place that has become base or notoriously contaminated; whence one knowingly celebrating in a notoriously violated church sins gravely, although he incurs no censure or irregularity. But in the third case, the prohibition is in punishment of the delinquent, and the priest illicitly celebrating in an interdicted place incurs irregularity (cf. n. 1309 and 1377).

We said: unless necessity is present; for, in a case of necessity, namely if the people do not have another church, it is licit, with the permission of the Bishop if he can be approached, otherwise without it, to celebrate in an execrated or polluted church, which nevertheless is not reconciled by that celebration.1 Likewise, in an interdicted place, on the more solemn feasts, it is permitted to celebrate, as was said at n. 1308.

(34) Can. 11, dist. 1, de Consecratione; De defectibus, X, 2. (1) Book VI, 361; Exam. Ord., n. 115.

¶1629.
  1. Questions. Q. 1. When is a church judged POLLUTED?

Resp. A church, or public oratory, is polluted or violated in four ways, as follows:

  1. Through voluntary and injurious homicide, or one consummated within the church, through an action physically killing and sacrilegious, whether with shedding of blood or in another way, for example by poison, strangling, and although death itself happens outside the sacred place. Whence a church is not polluted through accidental homicide, or one done by an insane person or by another in defense of himself, with moderation of inculpable defense, or proceeding from a wound inflicted outside the church. But it is polluted through homicide which otherwise would be just through the sentence of a judge. Except, if a disturber of the republic could not otherwise be captured2 (cf. n. 582, 4).

  2. Through copious shedding of human blood, arising from striking or a grave wound, and gravely injurious to the immunity of the Church, as they commonly hold. - Whence a church is not polluted if the shedding of blood is accidental; if it proceeds from playful or light striking, as in a quarrel of boys; if a few drops flow; if the external action which is the cause of the shedding was not consummated in the sacred place, but outside. On the contrary, it is polluted whenever a physically and theologically grave striking happens in the church, although blood is shed outside the church itself; because the sacred place is violated not so much through the shedding of blood as through the injurious action from which it proceeds.3

  3. Through voluntary and sacrilegious shedding of human seed performed in the church, whether it was through pollution, or fornication, or any other manner whatever. When a church is polluted through the conjugal act, see n. 783. To the question "whether a consecrated church which for two days served for military stations and watches is to be judged profaned, and therefore needs the reconciliation prescribed by the Pontifical," the S. R. C. on February 27, 1847, judged that one must respond: it is to be reconciled as a precaution.4

  4. Through the burial of an excommunicated person to be avoided, a denounced heretic, or an infidel or non-baptized person. - Except, more probably, if he is a catechumen; because he is not judged an infidel, on account of baptism of desire: likewise, if he is an infant enclosed in the womb of a dead mother, and not baptized. But otherwise, if having been brought forth into the light, he died without baptism; for then the church or cemetery is polluted from his burial.5 Thus from the decree of the S. C. of Immunity, August 18, 1821. And here it must be noted that, the church having been polluted, the cemetery also is polluted if it is contiguous, but not vice versa. Therefore, the church having been reconciled, the cemetery is similarly reconciled.6

It must further be noted that, for a church to be polluted through the aforesaid crimes, it is required: 1. that they be perpetrated within the church itself, that is, in those parts which properly pertain to the body of the church, which extends from the upper vault to the pavement, and from the interior door to the last wall; 2. that they be notorious by notoriety of law or fact; whether immediately from the beginning, or by succession of time; for in each case the reputation of the church is equally lost.7 - As soon as the pollution has been made notorious, the sacred Eucharist ought to be removed, and, the altars having been stripped, all movable things are to be taken away.8

Q. 2. How is a polluted church to be reconciled?

Resp. If it was consecrated, it is to be reconciled according to the rite of the Roman Pontifical by the Bishop, or by a priest from delegation or Pontifical privilege, such as Superiors of Regulars have for their churches, provided water blessed by the Bishop is employed, or by the one reconciling himself, if the Bishop is distant by two days' journeys or 14 hours.

If the church was only blessed, it can be reconciled by a simple priest, the accustomed prayers and lustral water blessed by himself or another priest having been employed.9 But whether the delegation of the Bishop is prerequisite for this is not certain. Several affirm from the Roman Ritual, but Benedict XIV denies,10 and his opinion, at least when necessity urges, can be brought into practice. But a private Oratory, since it is not a sacred place, is not judged to be polluted, and therefore does not need reconciliation.

Q. 3. When is a church EXECRATED, and how is it rendered SUITABLE for worship?

Resp. 1. It is execrated when it loses its consecration or blessing: which happens "if the walls according to the greater part are destroyed, or all of their plaster or at least a greater part is removed at the same time." But it is not execrated if only the roof or upper vault is changed, or if destruction and repair are made successively through small parts, although the whole church would be renewed.11 And the same must be said if it was converted to profane use; because then it needs only reconciliation.

Resp. 2. An execrated church is again to be consecrated or blessed, according to the rite and form prescribed for the consecration or blessing of churches.12

(2) Book VI, 364. (3) Ibid., 365. (4) Gardellini, n. 5077. (5) Book VI, 366; cf. Craisson, n. 4800. (6) Book VI, 367. (7) Ibid., 364 and Book III, 460. (8) Craisson, n. 4802. (9) Book VI, 363. (10) De Synodo, L. 13, cap. 15, n. 2, end. (11) Book VI, 368; cf. S. R. C. Response of January 16, 1836, Monitore ecclesiastico, vol. IV, p. II, p. 78. (12) Craisson, n. 4789.