Article III: On the Obligation from Benefice

370. The obligation of celebrating arises from a benefice undertaken. - A benefice is the perpetual right of perceiving fruits from ecclesiastical goods on account of some spiritual office, constituted for a cleric by ecclesiastical authority (can. 1409); it is with cure or simple, according as it has the care of souls annexed or does not have it. In the present matter a simple benefice is understood, which imposes upon the beneficed person the obligation, from a pious foundation, of celebrating Mass, whether daily or on certain days. The obligation from commutative justice is that of satisfying the institution of the founder, i.e., not only of celebrating the imposed Masses, but also of applying them according to the intention of the founder, because such is presumed to be the will of the founder; - unless it were certainly established that he had imposed celebration alone, with the application totally or partially left to the free determination of the celebrant.

The application of the Masses is presumed to be made totally for the soul of the founder (S. C. C., Aug. 18, 1668; March 26, 1718), unless, however, he prescribes that a certain number out of the Masses to be celebrated is to be applied to himself: for then he is judged to have left the application of the others free.

371. The mode of fulfilling the obligation. - The beneficed person who is bound to the celebration of Mass is bound:

1. To fulfill all the circumstances prescribed by the founder, as to the species or quality of the Mass, place, or time.

Hence he sins if, without a just cause, he omits the stipulated circumstances, and indeed gravely if they are often omitted and were determined for a grave enduring end, as for the convenience of the people, for the special cult of a Saint, for a special memory; on the contrary, he does not sin if there is a grave excusing cause, or if the end does not subsist, or if a dispensation has been legitimately obtained, which the Holy See can grant perpetually, and the Bishop for a time for a just cause.

2. Nevertheless, not to satisfy by himself personally, unless this is expressly or equivalently required; but he can have it done through another. The burden is presumed real, principally annexed to the place, not personal.

One who has the burden of a daily Mass: a) if the burden is real, so that he can satisfy through another, he can omit no Mass, but, if he himself does not celebrate, he must take care that the Mass be said by another; b) on the contrary, if the burden is personal and he himself is bound to celebrate daily by himself, he can sometimes omit the Mass from a just cause and is not bound to supply through another, though he cannot apply for himself or his own, and a fortiori not for a stipend. Thus the S. C. C., Sept. 18, 1683.

A just cause excusing in the case is:

a) brief infirmity, such as generally is judged to be that which does not exceed fifteen days (S. C. C., June 4, 1689; Nov. 17, 1695); but if it is long-lasting, the beneficed person is bound to supply through another, except in the case in which he has become altogether powerless and would not have from elsewhere that by which he might live (S. C. C., Feb. 5, 1650; Apr. 24, 1655).

b) religious motive moving him to omit celebration on account of a defect of disposition, or for the sake of humility or reverence; which they permit once in a month.

c) a reasonable impediment, such as a journey to be undertaken, spiritual exercises to be performed, but only for a few days.

372. Practical corollaries. - 1. In cathedral and collegiate churches, the conventual Mass, which must be celebrated daily by the canons, must be applied to the benefactors generally of each respective church (can. 417, § 1).

If a second or third conventual Mass is celebrated, in these let commemoration be made of the benefactors of the church generally under the memento of the dead. But if the prebends of the canonries are slight, they can implore from the S. C. of the Council the faculty of not applying the conventual Mass to the benefactors on weekdays, but only on feast days of precept (Benedict XIV, const. Cum semper, Aug. 19, 1744, § 11).

Let it moreover be noted:

a) A capitular detained by infirmity is not bound to provide an alms to the capitular priest who supplies his place in the celebration and application of the conventual Mass, unless the capitular statutes or a particular custom provide otherwise (can. 417, § 2).

b) The custom of providing a stipend to the celebrant can be preserved, either from the accumulation of distributions, or from the revenues of all the prebends by contribution (ibid., § 3).

c) If someone is pressed on the same day by the burden of celebrating Mass both for the people and conventual, let him celebrate and apply the latter by himself; the former through another or by himself on the following day (can. 419, § 2).

2. A pastor a) has the right of discharging all foundations instituted in his church, by himself or through another, unless otherwise is expressed in the foundation; b) has the office of fulfilling them or taking care that they be fulfilled, according to the will of the founder as to the number of Masses, place, time, and mode of celebration.

The stipend of the foundation is that which the founder determined; if determination is lacking, that which the diocesan tax or custom establishes. But when the pastor fulfills the foundation through another priest, generally it suffices that he give him a just stipend according to the law or prevailing custom, retaining for himself, if it is given, the part of the revenues exceeding this: for the foundation with the richer stipend is presumed to have been made in favor of the pastor or rector of the church; - unless, however, in the foundation itself otherwise is expressly noted.

3. Reduction or diminution of the number of Masses to be celebrated can be made when the revenues of the foundation no longer suffice according to the measure of a just stipend, whether the revenues themselves diminish, or the legal tax of the stipend increases.

It cannot be made by private authority; and therefore, until the reduction has been made by legitimate authority, the pastor or rector of the church must celebrate as many Masses and with such solemnity as the founder prescribed, even if the revenues of the foundation are insufficient. The legitimate authority in the case is he whom the founder designated in the foundation itself; if this designation is lacking, it is the Apostolic See alone, but not the bishop, unless he has received a special indult (S. C. C., June 21, 1625 [the printed text has the anomalous date "31 iun. 1625"]; can. 1517, § 1 and 1551). When a reduction has been made by the Church, the founders suffer no harm, because as to the satisfactory fruit she supplies from her treasury and applies the satisfactions of Christ and the saints to those for whom the Masses were to be offered; but as to the impetratory fruit she supplies from prayer, insofar as she directs to this end the prayers which are made in her name.

Let it be noted: If without fault the dowry for the burden of founded Masses has entirely perished, or its revenues cannot be received, the obligation of celebrating ceases or is suspended (S. C. C., June 20, 1641, and Aug. 18, 1705).

But if the dowry, without fault, has partially perished and the founder determined the stipend for individual Masses, it suffices to say as many Masses as stipends have been received; but if he did not determine the stipend, but only the number of Masses to be celebrated, their number cannot be diminished unless a reduction has been obtained from legitimate authority, as was said.