Article II. On the Obligation by Reason of Office

254. Principle. All pastors of souls are bound by divine law to apply Mass for their subjects sometimes, and by ecclesiastical law on certain days.

Explanation: 1. Who are pastors of souls. All those are considered pastors of souls upon whom, by reason of their office, the care of souls is incumbent, such as the Supreme Pontiff, residential bishops, abbots nullius, superiors of an exempt clerical religious institute, pastors, quasi-pastors, and any who are deputed by competent authority to discharge by office the function of a bishop or pastor, such as the administrator of a diocese (but not the vicar general), or the administrator of a parish when the pastor is deceased or impeded. Since religious superiors are true pastors of their subjects, and this in a more perfect manner than pastors, there seems to be no doubt that they are bound by divine law to apply Mass for their subjects sometimes. But even today common ecclesiastical law has not determined the days on which they are obliged to apply Mass. Since titular bishops do not have a flock committed to them, they are not indeed strictly bound to the application, "but nevertheless, if account is taken of episcopal equity and charity, it cannot but seem fitting that they also sometimes offer sacrifice, so that God may look upon the miserable condition of those Churches by whose title and name they themselves are honored."³³³ What has been said of titular bishops does not apply to vicars apostolic and prefects of missions, since they are true Ordinaries. Therefore these are sometimes bound to apply Mass for the flock committed to them, as will be said below. Whether so-called military pastors, or pastors of soldiers, are bound depends upon particular law. In Spain the military clergy are not bound.³³⁴ In the Eastern Church pastors of souls are indeed obliged to apply Mass for the people, but they are not strictly bound to the days determined in the Western Church.³³⁵

³³³ Thus Leo XIII, Constitution In suprema, June 10, 1882; cf. Code of Canon Law, c. 348, § 2.

³³⁴ Sacred Congregation of the Council, May 22, 1909 (Acta Apostolicae Sedis I, 554).

³³⁵ Cf. Sacred Congregation for the Propagation of the Faith, March 23, 1863, and November 8, 1882.

255. 2. Obligation by divine law. Divine law binds all pastors of souls sometimes to say and apply Mass for the flock committed to them.

"For every high priest taken from among men is appointed for men in those things that pertain to God, that he may offer gifts and sacrifices for sins."³³⁶ Wherefore the Council of Trent³³⁷ says in express words: "Since by divine precept it has been commanded to all to whom the care of souls is committed to know their sheep, to offer sacrifice for them...." Indeed, even the natural law itself commands that a pastor of souls, by force of the contract entered upon and the office received, foster and procure to the extent of his powers the spiritual salvation of his sheep. But this seems to be impossible unless the faithful from time to time assist at the sacrifice of the Mass and receive not only its general fruits but also its ministerial fruits. Therefore a pastor of souls, from the very nature of his office, is bound sometimes to say Mass for the flock committed to him. Although pastors of souls are bound by divine law to apply Mass sometimes for their faithful, nevertheless it has been established by ecclesiastical law alone when this application is to be made and under what conditions this obligation is incumbent.

³³⁶ Heb. 5:1.

³³⁷ Session 23, c. 1, on reform.

256. 3. Obligation by ecclesiastical law. Ecclesiastical law has issued particular statutes concerning pastors of souls, who are: 1. residential bishops and capitular vicars;³³⁸ 2. abbots nullius;³³⁹ 3. vicars and prefects apostolic;³⁴⁰ 4. pastors;³⁴¹ 5. quasi-pastors.³⁴²

Days of application. a) The days on which residential bishops, capitular vicars, abbots nullius, and pastors must apply Mass for the people are all Sundays and the following feast days:³⁴³ 1. the Nativity of the Lord; 2. the Circumcision; 3. the Epiphany; 4. the Resurrection of the Lord, with the two following days; 5. the Ascension; 6. Pentecost, with the two following days; 7. the Most Holy Trinity; 8. Corpus Christi; 9. the Finding of the Cross; 10-14. the Purification, Annunciation, Assumption, Nativity, and Immaculate Conception of the Blessed Virgin Mary; 15. the Dedication of St. Michael; 16. the Nativity of St. John the Baptist; 17. Saints Peter and Paul; 18. St. Andrew; 19. St. James; 20. St. John the Evangelist; 21. St. Thomas the Apostle; 22. Saints Philip and James; 23. St. Bartholomew; 24. St. Matthew; 25. Saints Simon and Jude; 26. St. Matthias; 27. St. Stephen the Protomartyr; 28. the Holy Innocents; 29. St. Lawrence, Martyr; 30. St. Sylvester, Pope; 31. St. Joseph; 32. St. Anne, Mother of Mary; 33. All Saints; 34. the patron of the kingdom; 35. the patron of the place.

Since many of these feasts are suppressed today, if any of them, impeded by a feast of higher rite, is transferred to another day, the application is then no longer obligatory on the day of transfer.³⁴⁴ Hence, for example, if the feast of St. Matthias, falling on the First Sunday of Lent, is transferred to another day, the pastor is not bound to apply Mass for the people on this other day. If these feast days are celebrated on a Sunday, the pastor can then satisfy the twofold obligation with one Mass; likewise if these feasts are transferred by pontifical indult to a Sunday, as, for example, in Germany the feast of the Nativity of the Blessed Virgin Mary is always transferred to the following Sunday. But if only the external solemnity of the feast is transferred to a Sunday, and not the Office of the feast, then the application must be made both on the feast day and on the Sunday. Likewise the obligation of applying does not cease although the solemnity of the feasts has been suppressed,³⁴⁵ even by particular law.^345a

b) The days on which vicars and prefects apostolic and quasi-pastors must apply Mass for the people are eleven, namely, the feasts of the Nativity of the Lord, Epiphany, Easter, Ascension, Pentecost, Corpus Christi, the Immaculate Conception and Assumption of the Blessed Virgin Mary, St. Joseph, Spouse of the Blessed Virgin Mary, Saints Peter and Paul, and All Saints.³⁴⁶

A bishop who presides over two dioceses is not bound to apply two Masses;³⁴⁷ it suffices, therefore, that he apply one Mass for the whole people committed to him. A pastor who administers several parishes likewise must apply only one Mass on the prescribed days.³⁴⁸ Wherefore all contrary statutes have now been revoked. If, however, these different parishes have different patronal feasts, the pastor must apply Mass on the feast of the patron of each parish.^348a

³³⁸ Code of Canon Law, c. 339. Bishops are not bound to apply Mass for their subjects after election or confirmation in consistory, but after taking possession. Capitular vicars, during a vacancy of the see, are bound to the application just as bishops are. Code of Canon Law, c. 440.

³³⁹ Code of Canon Law, c. 323.

³⁴⁰ Ibid., c. 306.

³⁴¹ Ibid., c. 466, § 1.

³⁴² Ibid., and c. 306.

³⁴³ Thus from Urban VIII, Constitution Universa per orbem, September 13, 1642; Clement XI, Constitution Commissis nobis, December 6, 1708; Pius IX, Constitution Amantissimi Redemptoris, May 3, 1858; Sacred Congregation of the Council, December 18, 1919, and March 16, 1920 (Acta Apostolicae Sedis XII, 42); cc. 323, 339, 440, 466.

³⁴⁴ Sacred Congregation of the Council, December 15, 1913 (Acta Apostolicae Sedis VI, 9). Cf. Code of Canon Law, c. 339, § 3.

³⁴⁵ Sacred Congregation of the Council, August 8, 1911 (Acta Apostolicae Sedis III, 391).

^345a Sacred Congregation of the Council, July 19, 1930 (Acta Apostolicae Sedis XXII, 521).

³⁴⁶ Code of Canon Law, c. 306.

³⁴⁷ Ibid., c. 339, § 5.

³⁴⁸ Ibid., c. 466, § 2.

^348a Sacred Congregation of the Council, November 12, 1927 (Acta Apostolicae Sedis XX, 87).

257. Note. When pastors of souls must apply Mass for their subjects, they can accept absolutely no stipend, not even for another Mass which they may perhaps celebrate by virtue of the faculty of bination. Thus by common law.³⁴⁹ By a special indult of the Holy See, however, the acceptance of a stipend for the other Mass is sometimes permitted, and even commanded, to be expended for certain pious causes.

³⁴⁹ Code of Canon Law, c. 824, § 2.

258. 4. The quality of the obligation. The pastor's obligation of applying Mass is:

a) Grave. Neither contrary custom, nor illness, nor poverty exempts from this obligation. Thus all authors.³⁵⁰

b) Personal. Therefore the pastor of souls is bound himself to apply Mass for his subjects, unless there is a legitimate impediment, for example illness, in which case he must apply it through another priest.³⁵¹ He is not, however, bound to sing Mass, but it suffices to say a private Mass.³⁵² When a pastor is legitimately absent from the parish, he can apply Mass for the people either personally in the place where he is staying, or through the priest who acts in his place in the parish;³⁵³ nevertheless, it seems better that he personally, and not through his substitute, apply Mass for the people. The reason is that, just as the sacrifice of the Cross was accomplished by Christ Himself, the Pastor of all, so it is very fitting that the pastor who acts in the place of Christ the Pastor should himself apply the fruits of the sacrifice to his subjects.

c) Local. It is very fitting that Mass for the people be said in the parish church or in another place where the faithful can assist.³⁵⁴ The reason is evident.

d) To be fulfilled on the appointed days, namely, those indicated above in n. 256. If there is a legitimate cause, for example, if a funeral Mass or a Mass for bride and bridegroom is to be said, the local Ordinary can permit the pastor to apply Mass for the people on a day other than that on which he is bound by law.³⁵⁵ This permission indeed seems also capable of being presumed in a particular case. If, in some diocese, on suppressed feast days, the Mass for the people is to be applied by an indult of the Holy See according to the mind of the bishop, it can be tolerated that the pastor have the Mass to be applied celebrated, not on the very day on which he would be bound, nor personally, but through another priest, to whom the pastor must give a stipend. Thus the Sacred Congregation of the Council, December 16, 1914.^355a

³⁵⁰ Ibid., c. 339, § 1.

³⁵¹ Ibid., § 4.

³⁵² Sacred Congregation of Rites, December 20, 1864 (Decr. auth., n. 3128).

³⁵³ Code of Canon Law, c. 466, § 5.

³⁵⁴ Ibid., § 4.

³⁵⁵ Ibid., § 3.

^355a Acta Apostolicae Sedis VII, 27.