Case 11. Funded Masses

Caius, a Catholic, by will left his houses to Titius, a missionary priest in England, on the condition that in perpetuity twenty Masses should be celebrated each year for the repose of his soul. The annual rents arising from the houses then easily exceeded twenty pounds sterling, and so Titius gladly accepted the legacy. Within a few years, however, because of the dilapidation of the houses and because the neighborhood had become less respectable, Titius sorrowfully received scarcely a tenth part of the former sum each year. Hence he reduced the number of Masses to eight, so that one Mass remained for five shillings, the diocesan rate; indeed, he sent some to his friend Lucius to be celebrated, who gladly accepted half a crown for each Mass. Hence it is asked:

1. What are manual and funded Masses?

2. To whom does it belong to accept and reduce obligations of Masses?

3. Is it lawful to transfer to another the obligation of celebrating a Mass while retaining part of the stipend?

4. What is to be said of the case?

1. What are manual and funded Masses?

The distinction is explained in the decree S. C. C., Ut debita, May 11, 1904: “ The Sacred Congregation declares that by manual Masses in the present decree are understood and held all those which the faithful ask to be celebrated for an offered manual stipend, to whomever or in whatever manner they hand over this stipend, whether by direct hand or in wills, provided that they do not constitute a perpetual foundation, or one of such kind and so long-lasting that it ought to be regarded as perpetual.”

2. To whom does it belong to accept and to reduce the burden of Masses?

The Fourth Council of Westminster (d. X n. 11 says): “ Let the rectors of churches of the secular clergy remember that the right of imposing burdens of Masses upon churches, whether they are temporal or perpetual, belongs to the Bishop alone; and that burdens already imposed can neither be changed nor diminished without the Holy See having been consulted.” The consent of the bishop (or of the regular prelate for Religious) is not required for the validity, but only for the lawfulness of the transaction.¹

1 Gasparri, De Eucharistia, vol. i, n. 561.

3. Is it lawful to transfer the burden of saying Mass to another while retaining part of the stipend?

No, as a general rule. The decree Ut debita says: “ It is decreed that the stipend assigned by the faithful can never be separated from the celebration of the Mass, nor diverted to other things or diminished, but must be handed over to the celebrant in full and in its own kind.” In certain cases, however, it is not unlawful to retain part of the stipend, as, for example, when more than the ordinary sum has been given out of friendship, or other special reason, when the priest who says the Mass without being asked voluntarily foregoes part of the stipend, or when there is question not of manual but of funded Masses in the strict sense annexed to a church.²

2 Lehmkuhl, vol. ii, n. 281, 11th edition.

4. The case. Titius went beyond his powers when he accepted the legacy without the consent of the bishop, as is clear from what was said above. Titius still further exceeded his authority when he reduced the number of Masses to be said on account of the reduction of income from the property. He should have recourse to the Holy See, say what he has done, and ask what he is to do in the matter in future. Under the circumstances he did not do wrong in getting his friend Lucius to say some of the Masses for half-a-crown, which is commonly given as a stipend for Mass by the poor in England. No definite sum had been apportioned by the testator for the celebration of each Mass.