§ III. On the Due Place

He satisfies the law concerning hearing the Sacred Rite who is present at Mass, by whatever Catholic rite it is celebrated, under the open sky or in any church or public or semi-public oratory and in private cemetery chapels mentioned in can. 1190, but not in other private oratories, unless this privilege has been granted by the Apostolic See (Can. 1249).

Chapels erected in a cemetery by families or private persons for their own burial are private oratories (Can. 1190).

I Say 1st. § 1. An oratory is a place destined for divine worship, yet not for this chief end, that it should be for use by the whole people of the faithful for publicly cultivating religion.

§ 2. But an oratory is:

1st. Public, if it has been erected chiefly for the convenience of some college or even of private persons, yet in such a way that all the faithful, at least at the time of divine offices, have a legitimately proved right of approaching it;

2nd. Semi-public, if it has been erected for the convenience of some community or assembly of the faithful coming together there, and it is not free for each one to approach it;

3rd. Private or domestic, if it has been erected in private houses for the convenience of only some family or private person (Can. 1188).

§ 1. Public oratories are governed by the same law as churches.

§ 2. Wherefore in a public oratory, provided it has been dedicated in perpetuity to the public worship of God by the authority of the Ordinary through blessing or consecration, according to the norm of can. 1155, 1156, all sacred functions can be celebrated, with the contrary prescription of the rubrics saved (Can. 1191).

§ 1. Semi-public oratories cannot be erected without the license of the Ordinary.

§ 2. Let the Ordinary not grant this license unless first, by himself or by another ecclesiastical man, he has visited the oratory and found it decently furnished.

§ 3. But once the license has been given, the oratory cannot be converted to profane uses without the authority of the same Ordinary.

§ 4. In colleges or boarding schools for instructing youth, in gymnasia, lyceums, citadels, military posts, prisons, hospitals, etc., besides the principal oratory, let other smaller ones not be erected, unless in the judgment of the Ordinary necessity or great utility requires it (Can. 1192).

In semi-public oratories legitimately erected, all divine offices or ecclesiastical functions can be celebrated, unless the rubrics stand in the way or the Ordinary has excepted something (Can. 1193).

In private cemetery chapels mentioned in can. 1190, the Ordinary of the place can habitually permit even the celebration of several Masses; in other domestic oratories, only of one Mass, by way of act, in some extraordinary case, for a just and reasonable cause; but let the Ordinary not grant these permissions except according to the norm of can. 1192, § 2 (Can. 1194).

A chapel having a fixed place on a ship is to be held as public for those sailing; and in that chapel, even while the ships are found in port, all those being present at the most holy sacrifice of the Mass fulfill the precept. S. R. C., March 4, 1901, to V; May 10, 1901.

§ 1. In domestic oratories by indult of the Apostolic See, unless something else is expressly provided in the same indult, after the Ordinary has visited the oratory and approved it according to the norm of can. 1192, § 2, one Mass, and that a read Mass, can be celebrated on individual days, except on more solemn feasts; but let other ecclesiastical functions not be made there.

§ 2. But the Ordinary, provided just and reasonable causes are present, different from those on account of which the indult was granted, can permit by way of act the celebration of Mass also on more solemn feasts (Can. 1195).

§ 1. Domestic oratories can be neither consecrated nor blessed in the manner of churches.

§ 2. Although domestic and semi-public oratories are endowed with the common blessing of places or houses, or with no blessing, nevertheless they must be reserved for divine worship alone and free from all domestic uses (Can. 1196).

I Say 2nd. It is certain that all who are comprehended in the Indult satisfy the precept of hearing Mass in a private Oratory, namely the master of the oratory with his own people and domestics who, being assigned to his service, are actually necessary to him by reason of service at the time of Mass. The days of principal feasts are excepted, namely Easter, Pentecost, Christmas of the Lord, Epiphany, Ascension, Assumption, St. Peter, and All Saints; Thursday in the Supper of the Lord; and indeed on these days it is altogether interdicted to celebrate in oratories of this kind, unless the contrary is expressly obtained. But outsiders do not satisfy, as is clear from the words of the Indult, which ordinarily sounds thus: "We will that those who are not of the family are not judged free from the obligation of hearing Mass in a church." - Cf. St. Alphonsus, nn. 319 and following.

Question. Is the master held to use the privilege, if he cannot go to church?

Response. Negatively, because no one is compelled to use a privilege granted only in his own favor, unless an obligation arises from another head (Can. 69). Besides, what is granted on account of someone's favor is not to be turned back to his detriment. - Cf. Ball. Palm., n. 800. - Genicot, n. 344.