Article III. On the Obligation of Celebrating by Reason of a Stipend

I say 1st. §1. According to the received and approved custom and institution of the Church, it is lawful for any priest celebrating and applying Mass to receive an alms or stipend (Can. 824); but once the stipend has been accepted, there arises an obligation of justice, which indeed is not satisfied by one single Mass if several stipends have been accepted, however infinite the value of the Mass may be; rather, for each stipend a distinct sacrifice must be offered. The reason of the first is both because the stipend is not given as the price of the Mass, and therefore no comparison is made between a sacred thing and money, and because it is just that those who work in the sanctuary should live from the sanctuary. But the reason of the second is that, once a stipend has been accepted, a burdensome pact intervenes, which by title of justice, not otherwise than in any other contract, must be observed. Finally, the reason of the third is taken both from prop. 8 condemned by Alexander VII, which has itself thus: "A doubled stipend can be accepted by a priest for the same Mass, by applying to the one asking even the part of the most special fruit corresponding to the celebrant himself"; and especially from the first part of prop. 10 condemned by the same Alexander VII, which lies thus: "It is not against justice to accept a stipend for several sacrifices and to offer one sacrifice." Wherefore he who celebrates one Mass, when he has accepted several stipends, is held no less to restitution than he who, having accepted only one stipend, says no Mass. - Cf. Viva, on the cited proposition. - Second Plenary Council of Baltimore, n. 369.

I say 2nd. Every species of negotiation or commerce must be altogether warded off from the alms of Masses (Can. 827).

Question 1. With relation to the acceptance of a stipend and the application of the Mass, what is not lawful?

Resp. It is never lawful:

1st. To apply Mass to the intention of him who, with the alms offered, is about to ask for the application, but has not yet asked, and afterward to retain the alms given for the Mass previously applied;

2nd. To receive alms for a Mass which is owed and applied by another title;

3rd. To accept a double alms for the application of the same Mass;

4th. To receive one alms for the celebration alone, another for the application of the same Mass, unless it is certainly established that one stipend was offered for celebration without application (Can. 825).

Question 2. Which stipends are called manual, which after the manner of manual, and which founded?

Resp. §1. Stipends which are offered by the faithful for Masses, whether from their own devotion, as if to the hand, or from an obligation, even perpetual, made by a testator upon his own heirs, are called manual.

§2. Stipends of founded Masses are called after the manner of manual when they cannot be applied in their own place, or by those who ought to apply them according to the tables of the foundation, and therefore by law or by indult of the Holy See they must be handed over to other priests so that satisfaction may be made for them.

§3. Other stipends which are received from the revenues of foundations are called founded, or founded Masses (Can. 826).

Question 3. How many Masses must be celebrated and applied?

Resp. As many Masses must be celebrated and applied as stipends, even small ones, have been given and accepted (Can. 828).

Question 4. What if the alms have already perished before the application of the Mass?

Resp. Although without fault of him who is burdened by the obligation of celebrating the alms of Masses already received have perished, the obligation does not cease (Can. 829).

Question 5. How must the number of Masses be computed, if the offerer has given a sum of money without indicating the number?

Resp. If anyone has offered a sum of money for the application of Masses, not indicating their number, this is to be computed according to the alms of the place in which the offerer was staying, unless it must legitimately be presumed that his intention was otherwise (Can. 830).

Question 6. Whose office is it to define the manual stipend of Masses?

Resp. §1. It belongs to the local Ordinary to define the manual stipend of Masses in his diocese by decree, issued, as far as can be done, in the diocesan Synod; nor is it lawful for a priest to demand one greater than this.

§2. Where a decree of the Ordinary is lacking, the custom of the diocese is to be observed (Can. 831).

It is lawful for a priest to accept a greater stipend freely offered for the application of a Mass; and, unless the local Ordinary has prohibited it, also a lesser one (Can. 832).

Question 7. What is the presumption when there is doubt concerning the mind of the offerer?

Resp. The offerer is presumed to have asked for the application of the Mass alone; yet if the offerer has expressly determined some circumstances to be observed in the celebration of Mass, the priest, accepting the alms, must stand by his will (Can. 833).

Question 8. Within what time must Masses be said?

Resp. §1. Masses for the celebration of which a time has been expressly prescribed by the offerer must be celebrated altogether at that time.

§2. If the offerer has expressly prescribed no time for the celebration of manual Masses:

1st. Masses offered for an urgent cause are to be celebrated as soon as possible in useful time;

2nd. In other cases Masses are to be celebrated within a moderate time, according to the greater or lesser number of Masses.

§3. But if the offerer has expressly left the time of celebration to the choice of the priest, the priest will be able to celebrate them at the time which pleases him more, with the prescription of can. 835 remaining firm (Can. 834).

With relation to §2, 2nd, that moderate time seems to be one month for one Mass, six months for a hundred.

Question 9. How many burdens of Masses to be celebrated by himself is it lawful for no one to receive?

Resp. It is lawful for no one to receive so many burdens of Masses to be celebrated by himself that he cannot satisfy them within a year (Can. 835).

Question 10. What must be done in churches in which, on account of the particular devotion of the faithful, alms of Masses so flow in that all Masses cannot be celebrated there in due time?

Resp. Let the faithful be advised, by a notice placed in an open and obvious place, that the Masses offered will be celebrated either there, when it can conveniently be done, or elsewhere (Can. 836).

Question 11. When must one who has Masses to be celebrated through others distribute them?

Resp. He who has Masses to be celebrated through others should distribute them as soon as possible, with the prescription of can. 841 remaining firm; but the legitimate time for their celebration begins from the day on which the priest who will celebrate has received them, unless something else is established (Can. 837).

Canon 841 prescribes the following:

§1. All and individual administrators of pious causes, or those obliged in any way to fulfill burdens of Masses, whether ecclesiastics or laymen, toward the end of each year should hand over to their Ordinaries, according to the manner to be defined by them, the burdens of Masses for which satisfaction has not yet been made.

§2. But this time is to be understood thus: that in Masses after the manner of manual, the obligation of depositing them runs from the end of that year within which the burdens should have been fulfilled; but in manual Masses, after a year from the day of the burden undertaken, with the different will of the offerers being preserved.

Question 12. To which priests can one who has a number of Masses concerning which it is freely lawful for him to dispose assign them?

Resp. He can assign them to priests acceptable to himself, provided it is honestly established to him that they are above every exception or commended by the testimony of their own Ordinary. - Cf. Can. 838.

Question 13. How long do those remain obliged who have handed over to others to be celebrated Masses received from the faithful or in any way committed to their faith?

Resp. They remain obliged until they have obtained testimony of the obligation accepted by those same persons to whom they handed them over, and of the stipend received. - Cf. Can. 839.

Question 14. Must one who commits Masses to be celebrated to others give the accepted stipends entire? Is it ever lawful for him to retain something?

Resp. §1. He who transmits manual Mass stipends to others must transmit the accepted stipends entire, unless either the offerer expressly permits something to be retained, or it is certainly established that the excess above the diocesan tax was given in view of the person.

§2. In Masses after the manner of manual, unless the mind of the founder stands in the way, the excess is legitimately retained, and it is enough to remit only the manual alms of the diocese in which the Mass is celebrated, if the rich alms takes the place in part of the dowry of the benefice or pious cause (Can. 840).

Question 15. To whom does the right and office of watching that the burdens of Masses are fulfilled pertain?

Resp. In churches of seculars it pertains to the local Ordinary; in churches of religious, to their Superiors (Can. 842).

Question 16. Who are held to have a book into which they report in order the number of Masses, the intention, the alms, and the celebration?

Resp. §1. Rectors of churches and of other pious places, whether secular or religious, in which alms of Masses are accustomed to be received, should have a special book in which they accurately note the number of Masses received, the intention, the alms, and the celebration.

§2. Ordinaries are held by the obligation of reviewing books of this kind at least each year, either by themselves or through others (Can. 843).

§1. Likewise local Ordinaries and religious Superiors who commit Masses to be celebrated to their own subjects or to others should quickly report in a book, in order, the Masses which they have received with their alms, and should take care according to their strength that they be celebrated as soon as possible.

§2. Indeed, all priests, whether secular or religious, must accurately note what intentions of Masses each has received, and for which he has made satisfaction (Can. 844).

Question 17. Can a priest to whom a rich stipend is offered for today's Mass retain this and ask another priest to celebrate for him, promising to celebrate on the following day for the same one, who is about to have it celebrated for the ordinary alms?

Resp. Affirmatively, at least probably, both because nothing appears in this permutation of intention which savors of the appearance of base gain, and because thus bears the most common practice of pious and prudent priests. Nor, finally, is a sufficient weight of authority lacking to this opinion; indeed, St. Alphonsus himself is not altogether alien from embracing it, nor does he condemn a practice of this kind as mortal. - Cf. Ballerini, note (a), p. 254.

Question 18. Does one satisfy who, after accepting a stipend for a Mass to be celebrated on a privileged altar, celebrates the same Mass on another altar?

Resp. Negatively; and besides, as is established from a recent response of the Sacred Congregation of Indulgences given 24 July 1885, a defect of this kind cannot be supplied or compensated by some other plenary indulgence applicable to the dead. - Cf. Nouvelle Revue Theologique, vol. 17, pp. 595 and following. - Ballerini-Palmieri, vol. 5, p. 676, n. 104.

Question 19. Is one obliged by a stipend to celebrate on a privileged altar for a deceased person bound to read a Mass of Requiem when the rite permits it?

Resp. Negatively. Thus the Holy Office, Feb. 20, 1913.

Question 20. What is to be said about that custom which exists in very many Dioceses of the United States, namely that on the day of the Commemoration of all the Dead a rich sum of alms is collected, and one Mass is said for all?

Resp. It is not to be disapproved; for, when the doubt was proposed by the Bishop of Rochester, the Sacred Congregation of the Council responded on 27 Jan. 1877: "Let nothing be innovated; only let a notice be placed in the church, by which the faithful are taught that by those very alms one Mass is sung on the day of the Commemoration of all the faithful departed." - Cf. Acta S. Sedis, vol. 10, p. 120. - The Pastor, vol. 3, p. 382.

Question 21. By what name do pious foundations come?

Resp. §1. By the name of pious foundations are signified temporal goods given in any way to some moral person in the Church, with the burden, in perpetuity or for a long time, of celebrating some Masses from the annual revenues, or of fulfilling other predefined ecclesiastical functions, or of performing some works of piety and charity.

§2. A foundation, legitimately accepted, takes on the nature of a synallagmatic contract: I give that you may do (Can. 1544).

It belongs to the local Ordinary to prescribe norms concerning the dowry below which a foundation cannot be admitted, and concerning the distribution of its fruits. But in order that a foundation can be admitted, the consent of the local Ordinary, given in writing, is required; before he gives it, he must know that the moral person can satisfy its new and old burden, and that the revenues altogether answer to the burdens. Furthermore, in the acceptance, constitution, and administration the patron of the church has no right. Money and movable goods are to be deposited in a safe place, and let them cautiously be invested as soon as possible for the benefit of the foundation. But all foundations are to be consigned in writing; a double copy of the records is to be preserved, one in the archive of the Curia, the other in the archive of the moral person. With the prescriptions of can. 1514, 1517, and can. 1525 being observed, in any church a table of burdens arising from foundations is to be prepared, and besides the book concerning which in can. 843, §1 (on Masses), another book is to be retained, in which individual perpetual and temporary burdens, their fulfillment, and the alms are noted. - Cf. Can. 1546-1549. If there is question of foundations in churches, even parochial ones, of exempt religious, the cited rights and offices of the local Ordinary belong exclusively to the major Superior. - Cf. Can. 1550.