Chapter II. On Those Things which are Prohibited on Feast Days

Works of three kinds are to be distinguished: 1st, servile works or works of the body, namely those which are exercised through the body, and are immediately ordered to the utility of the body, and are customarily done by servants or wage-workers; 2nd, liberal works or works of the mind, which are rather performed by the powers of the mind, and pertain to cultivating the mind, and are ordinarily exercised by free persons; 3rd, common or natural works, which are done by all indiscriminately. Forensic works are also distinguished, which pertain to the judicial forum or to the market. Yet note that the best method of distinguishing among these diverse works is to be taken from custom and the common estimation of men. - Cf. St. Alphonsus, n. 272. - Kenrick, tract. 3, n. 78. - Baller., note (a), p. 347.

I Say 1st. On feast days of precept Mass must be heard; and one must abstain from servile works, forensic acts, and likewise, unless legitimate customs or peculiar indults bear otherwise, from public market, fairs, and other public buyings and sellings (Can. 1248).

Therefore from this canon there are prohibited, from midnight to midnight of the feast, and indeed under grave obligation, for all the faithful:

1st. servile works properly so called;

2nd. Forensic works, namely forensic acts, which are had with judicial apparatus, such as interrogating parties, hearing witnesses and advocates, pronouncing sentence, etc.; if a criminal case already begun could not be interrupted without grave inconvenience or damage, the law would not urge;

3rd. Public market, fairs, and other public buyings and sellings, unless custom or indults permit otherwise.

I Say 2nd. Liberal works, common works, and some works which seem servile but are required for daily use, sustenance, necessity, and arrangement of the body, clothing, or house, are licit, such as cooking food, making beds, sweeping the house, and other things which conveniently cannot be, or are not customarily, deferred or anticipated. Thus from common practice and the sense of the faithful.

Among liberal works the use of a machine suited for typewriting is to be numbered.

Question 1. Is it licit to sculpt or paint on a feast day?

Response. Affirmatively, to each, at least probably, because those arts are held and are liberal, or something intermediate between liberal and servile. Besides, they are something very similar to writing, which is certainly licit. Yet except that kind of sculpture or painting which requires great exercise of the body, and perhaps in this way St. Alphonsus is to be understood, who says that sculpture is illicit. - Cf. St. Alphonsus, nn. 280 and following; and Hom. Ap., n. 10.

Question 2. Is it licit to have the commerce of taverns or inns on a feast day?

Response. Concerning this matter the Fathers of the Third Plenary Council of Baltimore speak thus, n. 113. - "Since not only that which is certainly evil, but also that which has the appearance of evil, and still more, that which is accustomed to lead to evil, ought to be diligently avoided by a Christian man, let our Catholics generously renounce all recreations and avocations which are less fitting to the holiness of the Lord's Day or even of their own accord lead to the transgression of laws, whether divine or human. Among things of this kind, certainly the commerce of taverns or inns on this day occupies the highest place, from which so many and such great harms spring forth against religion and society. Therefore let pastors work energetically and use admonitions, beseechings, threats, indeed even penalties where it shall have been necessary, for rooting out this evil; and thus for their part let them help, that the almost single stain which more and more among us obscures the splendor of the Lord's Day may be erased."

Question 3. Is it licit to grind on a feast day?

Response. Affirmatively, more probably, if the mill is turned by water or wind, because then no or almost no labor of men is required. But otherwise if greater cooperation of man is demanded. - Cf. St. Alphonsus, n. 277. - Lacroix, n. 578.

Question 4. Does he sin gravely who on a feast day commands six servants to labor for one hour?

Response. Negatively, more probably of itself, whether the servants labor simultaneously or successively, because the works of the servants are not united into one, and each one sins only venially; therefore the master who induces them to a work prohibited under venial fault sins only venially. A fortiori they do not sin, at least against this precept, who enjoin upon non-baptized men, for example, Chinese dwelling among us, that they exercise servile works on Sundays. - Cf. St. Alphonsus, n. 306. - Kenrick, tract. 3, nn. 75 and 76.

Question 5. What matter is grave in a work performed on feast days?

Response. Many distinguish thus: if the labor is very servile, about two hours are required, if little servile, at least three hours, for the matter to be judged grave. But St. Alphonsus, having brought forward several opinions, approaches more to the opinion of Father Lacroix generally concluding that the more common and more probable opinion now is that it is not mortal unless one labors at least much beyond two hours, say two and a half. - Cf. St. Alphonsus, n. 305; and Hom. Ap., n. 25.

From these solutions, which have been given as examples, it is now clear what is to be held concerning many similar cases. But now it is useful to indicate something practically concerning the three principal causes by virtue of which the obligation of abstaining from servile works ceases. Therefore:

I. By reason of charity, on a feast day it is licit, 1st, to do what is necessary for relieving the sick; 2nd, to dig a grave for burying the dead; 3rd, to labor for some determinate poor person, for whom, by reason of grave necessity, it would be licit to labor; but not for the poor in general, unless a peculiar necessity also urges. Cf. St. Alphonsus, n. 294; and Hom. Ap., n. 17.

II. By reason of piety it is licit, 1st, to do all works proximately serving the worship of God, such as adorning the church, altar, etc.; 2nd, to sweep the church and prepare other things which pertain to its cleanliness. But it is not licit to build a church, repair it, cut stones for this, make ornaments, etc.; because these serve divine service more remotely. Cf. St. Alphonsus, nn. 292 and 293; and Hom. Ap., n. 17.

III. By reason of necessity, whether one's own or another's, of both soul and body, the following are excused: 1st, the poor who otherwise cannot feed themselves and their own, provided they labor privately and with scandal excluded; 2nd, all whose works begun cannot be interrupted without great damage, such as iron founders, etc.; 3rd, bakers who must have fresh bread, so that they may satisfy buyers; 4th, tailors who make funeral or nuptial garments, which neither by themselves nor by others are able to be completed before the feast; 5th, farmers who on account of past or imminent rain turn, bind, and carry hay or crops; 6th, servants compelled to labor, if they cannot easily and quickly find another master without great inconvenience; 7th, blacksmiths who shoe horses on the road or brought by countrymen, or repair plowshares necessary for farmers on the following day; and also those who repair wagons broken by accident, bridges, or public roads, if the work cannot be deferred without loss of the public good; 8th, those who labor for public utility when some necessity is urgent, for example, if it is a question of celebrating victory or for the sake of another public rejoicing; 9th, those who sustain themselves by daily labor if they would have to lose a notable and extraordinary gain; 10th, all those who plant tobacco, if after rains fallen the day before it is to be feared that another opportunity may be lacking; 11th, those who place vessels under trees from which a sugary liquid flows, and afterward transfer it into another vessel, when it happens that the liquid flows for only a few days more. Cf. St. Alphonsus, nn. 296 and following. - Kenrick, nn. 90, 91 and 93.