Article II: On the Obligation from Office

365. The obligation of celebrating by divine law arises from pastoral office. - The divine precept gravely obliges all pastors of souls, namely those who have undertaken a pastoral office, not only to celebrate on certain days, but also to apply the sacrifice for the people, i.e., for the sheep committed to them.

This obligation is contained in the pastoral office itself (Hebr. V, 1), which office is of divine law; whence the Council of Trent says that by divine precept it has been commanded to all to whom the care of souls has been committed to offer sacrifice for their sheep (sess. 23, de ref., c. 1). Bishops are held to this by absolute divine law, because they are of divine institution; pastors and other shepherds by hypothetical divine law, if they are instituted as pastors by the Church.

The obligation arises from justice, because to it, as to other pastoral offices, pastors are held from a quasi-contract; to what precisely they are obliged, divine law prescribes in a general and abstract way, but it must be determined in the concrete by ecclesiastical law.

366. To what pastors are bound. - I. The Supreme Pontiff is bound by divine law alone, but not by ecclesiastical law, and therefore only sometimes is he bound to celebrate Mass or apply it for the sheep.

II. Diocesan bishops, abbots or prelates nullius, capitular vicars while the see is vacant, apostolic administrators permanently constituted, pastors whether secular or religious, and vicar-administrators constituted in a vacant parish, are bound, from the taking of possession, to celebrate Mass for the flock on Sundays and feasts of precept, even suppressed ones (can. 339, § 1 and 466, § 1; Commission for Interpretation, Feb. 17, 1918, and S. C. C., Dec. 28, 1919).

Vicars general, titular bishops, coadjutors or auxiliaries, regular prelates, substitute vicars and coadjutors, and a fortiori assistant vicars or chaplains, are not strictly obliged.

III. Vicars and prefects apostolic, and quasi-pastors, from the taking of possession are bound to apply Mass for the flock only on eleven feast days of precept (can. 306).

367. Observations. - 1. If a feast day falls on a Sunday, one Mass satisfies the obligation (can. 339, § 2).

2. If a feast is transferred in such a way that on the day to which it is transferred not only the office with the Mass of the transferred feast is done, but also the obligations of hearing Mass and abstaining from servile works are kept, the Mass for the people must be applied on the day to which it is transferred; otherwise on the day from which it is transferred (can. 339, § 3).

3. A bishop or pastor who rules two or several dioceses, or several parishes, equally principally, or who, besides his own diocese or parish, has another or others in administration, must apply only one Mass for the peoples committed to him (can. 339, § 5 and 466, § 2). This also holds for a vicar-administrator who rules several parishes during vacancy (Commission for Interpretation, July 14, 1922). But if the feasts of the patrons of one and the other parish occur on different days, on each feast day the application must be made (S. C. C., Nov. 12, 1927).

368. The mode of fulfilling the obligation. - The obligation of applying for the people is real, personal, local, and affixed to the day.

1. Real, so that a pastor who from a just cause is impeded from applying must satisfy the obligation through another or on another day, and one who has omitted the application is bound to apply as soon as possible (can. 339, § 4 and 6).

Let it be noted that no cause excuses from celebrating Mass for the people, nor an immemorial custom; except for a dispensation of the Supreme Pontiff in a particular case.

2. Personal, so that the pastor is bound to apply by himself personally, unless he is legitimately impeded (ibid.). A legitimate impediment is infirmity, the obligation of celebrating a conventual Mass, if the pastor is at the same time a canon, or legitimate absence (can. 466, § 5), or anything else, provided that it is judged grave.

The S. C. C. declared that, for a pastor to be excused, a just cause is not: a) a contrary custom; b) funerals to be celebrated; c) a Mass for spouses to be said; d) a Mass founded for a certain day, which falls on a feast day of precept; e) the persuasion of the faithful who think that the solemn parish Mass with chant and explanation of the Gospel is always applied for the people and therefore gladly flock to it. Thus in itself and unless some other grave inconvenience is added.

3. Local, so that the Mass for the people is said in the parish church, that the people may be able to be present at it, unless the circumstances of things require or suggest otherwise (can. 466, § 4), for example if there is a feast in a filial church, or if it is a matter of mere supplying of an omitted Mass.

The local obligation exists for pastors, but not, as is clear, for bishops, who can celebrate for the flock anywhere. But if the pastor is legitimately absent, at his choice either he himself in the place where he is staying, or another for him in the parish church, can apply (can. 466, § 5).

4. Affixed to the day, so that without necessity the application cannot be transferred to another day; unless the Ordinary of the place permits this for a just cause (can. 466, § 3).

A just cause can be a funeral Mass, a Mass for spouses, on the anniversary day of death or burial, or for an urgent public cause.

It is not required that the Mass which is applied for the people be solemn, sung, or the parish Mass itself; the obligation is fulfilled even by a private Mass.

369. Observations. - 1. One who fulfills the obligation as to substance, but does not observe the due mode, unless it is done frequently without a just reason, sins only lightly.

2. In certain dioceses by indult it is permitted that on suppressed feast days Mass not be applied for the people, but according to the mind of the bishop or for a stipend to be handed over to him for pious works. In this case it is now permitted that pastors satisfy this obligation not on the very day on which they are bound, nor by themselves, but through another priest (S. C. C., Dec. 16, 1914).

3. It is granted to poor pastors that, if on a feast day a rich stipend is offered, the Mass can be said according to the intention of the offerer, the application for the people being transferred to another day (Benedict XIV, Const. Cum semper, Aug. 19, 1744).