Part — Sabetti-Barrett, Compendium of Moral Theology
On the First Precept of the Church: To Hear Mass on Sundays and Other Feast Days
Since enough was said concerning the obligation and mode of hearing Mass on Sundays and feast days, and likewise concerning abstinence from servile works, where the third precept of the Decalogue was treated, here only something will be set forth concerning the author and the number of these feasts, both by common law and by particular law in force among us.
I. It belongs to the supreme ecclesiastical authority alone to establish, transfer, or abolish feast days common to the universal Church. ... Ordinaries of places can prescribe peculiar feast days for their dioceses or places only by way of an act. - Cf. Can. 1244. The reason for the first is that the Pope alone has jurisdiction over the universal Church. The reason for the second is that they have jurisdiction in their own dioceses; the use, however, is limited lest feast days be multiplied with too great facility.
II. Many feasts were once instituted which, in the course of time, the fervor of the faithful growing cold, went into disuse or were abolished by the ecclesiastical authority itself. For Urban VIII, Const. Universa, Sept. 13, 1642, suppressed many feasts and established a new list of feast days as follows:
"By Apostolic authority we decree and declare that only the days written below are to be observed as feasts of precept ... namely the Sundays of the whole year; of the Nativity of Our Lord Jesus Christ; of the Circumcision; Epiphany; Resurrection with the two following weekdays; Ascension; Pentecost with likewise the two following weekdays; the Most Holy Trinity; the Solemnity of the Body of Christ, and the Finding of the Holy Cross, and also the festivities of the Purification, Annunciation, Assumption, and Nativity of the Virgin Mother of God; the Dedication of St. Michael the Archangel; the Nativity of St. John the Baptist; of Saints Peter and Paul, St. Andrew, St. James, St. John, St. Thomas, Saints Philip and James, St. Bartholomew, St. Matthew, Saints Simon and Jude, and St. Matthias; likewise St. Stephen, protomartyr; the Holy Innocents; St. Lawrence, martyr; St. Sylvester, Pope and Confessor; St. Joseph, also Confessor; and St. Anne, Mother of the Mother of God; the Solemnity of All Saints; and one of the more principal Patrons in any kingdom or province, and another likewise more principal in any city, town, or village, where it happens that these Patrons are had and venerated."
To this catalog must be added the feast of the Immaculate Conception of the Blessed Virgin Mary, which Clement XI wished to be had as of precept through the Constitution Commissi Nobis, Dec. 6, 1708.
The Sacred Congregation of the Council, assenting to the wishes of many Ordinaries, "according to the norm of the Constitution Universa per orbem of Urban VIII, dated September 13, 1642, determined that the following index of suppressed feasts, on which, according to the prescriptions of canons 339, § 1, and 466, § 1, of the Code, there is in the universal Church the burden of offering the Holy Sacrifice for the people, should be published, that is:
The Monday and Tuesday after the Sunday of the Resurrection of Our Lord Jesus Christ and Pentecost; the Day of the Finding of the Holy Cross; the Day of the Purification of the Blessed Virgin Mary; the Day of the Annunciation of the Blessed Virgin Mary; the Day of the Nativity of the Blessed Virgin Mary; the Day of the Dedication of St. Michael the Archangel; the Day of the Nativity of St. John the Baptist; the Day of the Holy Apostles: Andrew, James, John, Thomas, Philip and James, Bartholomew, Matthew, Simon and Jude, Matthias; the Day of St. Stephen, Protomartyr; the Day of the Holy Innocents; the Day of St. Lawrence, Martyr; the Day of St. Sylvester, Pope; the Day of St. Anne, mother of the Blessed Virgin Mary; the Day of the Patron Saint of the Kingdom; the Day of the Patron Saint of the place. Given at Rome, from the Secretariat of the Sacred Congregation of the Council, on December 28, 1919."
III. In these United States up to these latest times nine feast days were observed among many dioceses, but among others great variety was in force. Wherefore the Fathers of the Third Plenary Council of Baltimore had the following statute under n. 111: "To promote the salvation of souls through greater uniformity in feasts, it seemed good to the Fathers to offer suppliant prayers to the Apostolic See, that from all the feasts now in force among us, only those be retained whose observance, considering the devotion of the faithful and public morals, can more happily be hoped for. But such seem to be the six which follow:
The Immaculate Conception of the Blessed Virgin Mary; the Nativity of Our Lord Jesus Christ; the Circumcision of Our Lord Jesus Christ; the Ascension of Our Lord Jesus Christ; the Assumption of the Blessed Virgin Mary; the Feast of All Saints." The Holy See consented to the petition of the Fathers.
§ 1. Feast days under precept in the universal Church are only: all and each Sunday, the feasts of the Nativity, Circumcision, Epiphany, Ascension, and Most Holy Body of Christ, the Immaculate Conception and Assumption of Mary, the gracious Mother of God, St. Joseph her spouse, the Blessed Apostles Peter and Paul, and finally All Saints.
§ 2. Feast days of Patrons are not subject to ecclesiastical precept; but Ordinaries of places can transfer the exterior solemnity to the next following Sunday.
§ 3. If anywhere some feast from those enumerated has legitimately been abolished or transferred, let nothing be innovated without consulting the Apostolic See (Can. 1247).
Therefore among us the same feasts of precept remain as before.
Feasts which are not enumerated in this canon 1247, § 1, by that very fact and by the law itself, are nowhere any longer of precept, even if in some nation, diocese, or place they were previously of precept by particular law or custom, even centenary custom of the place, or by special concession of the Holy See. ... Thus the Pontifical Commission for authentically interpreting the canons of the Code, Feb. 17, 1918.