Chapter III: On the Sanctification of Sunday

Since man was born for society, and in reality lives in society, it is altogether fitting that worship be rendered to God not only private, but also social. The determination of worship of this kind, under the law of nature, would pertain to the presidents of society. But once the institution of supernatural religion is supposed, this determination pertains to God Himself, or to those to whom the care of spiritual things has been committed, namely to ecclesiastical authority.

¹ St. Thomas, II-II, q. 122, a. 4; Suarez, de Virt. relig., Tr. II, l. II; Billuart, de Relig., diss. VI; St. Alphonsus, n. 263-332; Sporer-Bierbaum, t. I, tr. 3, n. 482-541; Ballerini-Palmieri, n. 711-814; Berardi, t. I, n. 563-620; Noldin, n. 261-277.

1006. Historical exposition.² In reality God Himself, under the old law, selected the seventh day of any week as to be dedicated to divine worship: "Remember that thou keep holy the sabbath day. Six days shalt thou labor, and shalt do all thy works. But on the seventh day is the sabbath of the Lord thy God: thou shalt do no work on it, thou, and thy son and thy daughter, thy manservant and thy maidservant, thy beast, and the stranger who is within thy gates."³ The reason assigned is chiefly twofold: one, on the part of God: for He rested on the seventh day, and blessed it, and sanctified it, or separated it from profane uses; wherefore we also ought to rest on the same day, for testifying our dependence upon God: "For in six days the Lord made heaven and earth, and the sea, and all things that are in them, and rested on the seventh day: therefore the Lord blessed the sabbath day, and sanctified it"⁴... "See that you keep my sabbath: because it is a sign between me and you in your generations: that you may know that I am the Lord, who sanctify you."⁵ - But the other reason stands on the part of man, namely that the Jews and their servants may enjoy necessary rest: "Thou shalt not do any work therein, thou nor thy son... that thy manservant and thy maidservant may rest, even as thyself. Remember that thou also didst serve in Egypt, and the Lord thy God brought thee out from thence with a strong hand and an outstretched arm. Therefore He commanded thee that thou shouldst observe the sabbath day."⁶ - The violation of this precept was punished by the penalty of death.⁷

² J. Gilfillan, The Sabbath viewed in the light of reason, revelation and history, Edinburgh, 1867; A. Villien, Hist. des Commandements de l'Eglise, first Commandment, in Rev. du clerge francais, t. XLI, 1905, p. 563-584; and t. XLIII, p. 339-366.

³ Exod. 20:8-10. - That the sabbath day was observed by the Patriarchs before Moses is very probable. Sayce, Hibbert's Lectures, p. 76-77, hands down that among the Assyrians there were certain sabbath days, or days of rest from work. Cf. M. d'Hulst, Careme 1893, p. 281-283.

⁴ Exod. 20:11.

⁵ Exod. 31:13.

⁶ Deut. 5:14-15.

⁷ Num. 15:32-36.

On the sabbath day not only was rest observed, but sacrifices were offered to God: "And this holocaust shall the prince offer to the Lord: on the sabbath day six lambs without blemish, and a ram without blemish."⁸ On the same day the loaves of proposition were renewed; besides, the Jews were accustomed to assemble in synagogues, to pray and to hear the word of God:⁹ "For Moses of old time hath in every city them that preach him in the synagogues, where he is read every sabbath."

⁸ Ezek. 46:4.

⁹ Acts 15:21; cf. 13:27.

1007. 2. Through the new law the ceremonial part of sabbath observances has been abrogated. For Christ declared that the Father is to be worshiped in spirit and in truth,¹⁰ and, to root out Pharisaic interpretations, taught that the sabbath was made for man, but not man for the sabbath.¹¹ Wherefore Paul reproved the Galatians, who, after conversion to the Christian faith, observed days and months and times and years,¹² according to the Mosaic law; and he admonishes the Colossians that the obligation of observing new moons and sabbaths is no longer in force.¹³ Yet Christ often inculcated the necessity of glorifying God not only interiorly, but also exteriorly; and to promote this worship He instituted the Eucharistic sacrifice, which, since it is the renewal of the sacrifice of the cross, is much more excellent than all ancient oblations.¹⁴ He Himself indeed did not determine the special day and manner by which God was to be worshiped, but left to the Church the power of establishing all these things.

¹⁰ John 4:23.

¹¹ Mark 2:27.

¹² Gal. 4:10.

¹³ Col. 2:16.

¹⁴ Cf. Treatise on the Eucharist, n. 157 sq.

1008. The Apostles and the first Christians for some time, together with the Jews, assembled on the sabbath day to praise the Lord.¹⁵ But soon they had special assemblies, and there they prayed and celebrated the Eucharistic supper;¹⁶ and the custom prevailed that they assemble in this manner on the day following the sabbath, or on the first day of the week, which afterward was called the Lord's day.¹⁷ In reality, already in the second century, from various documents it is clear that this practice was universal.¹⁸ And so by apostolic authority and universal custom of the Church it came about that Sunday was substituted for the sabbath. Hence the Apostolic Constitutions (fourth century) attribute the institution of the Lord's day to the Apostles Peter and Paul: "I Peter and I Paul decree that servants work for five days, but on the sabbath and the Lord's day be free in church on account of the doctrine of religion."¹⁹ In the same place it is asserted that the Lord's day was selected in commemoration of the day of Christ's resurrection. "On the day of the resurrection of the Lord, which we call the Lord's day, assemble without any interruption for giving thanks to God, and for professing the benefits with which God has affected us through Christ... so that your sacrifice may be without blame."²⁰

¹⁵ Acts 2:46; 3:1; 5:12; 21:26.

¹⁶ Acts 2:42.

¹⁷ Acts 20:7; 1 Cor. 16:2; Apoc. 1:10. - According to Nicephorus Callistus, H.E., l. VII, c. 46, the emperor Constantine willed that this day be called the Lord's day.

¹⁸ You will find the testimonies in A. Villien, l.c., p. 565-566.

¹⁹ Constit. Apost., l. VIII, c. 33, Mansi, t. I, 579.

²⁰ Ibid., l. VII, c. 31, Mansi, 506.

1009. From the testimonies cited, and many others, it is clear that Sunday was consecrated to God not only by cessation from work, but also by prayers, preaching of the word, and especially by the offering of the sacrifice of the Mass. Already at the beginning of the fourth century, the Council of Elvira imposed canonical penalties on those who neglected to assist at Mass for three Sundays: "If anyone placed in a city shall not have gone to church for three Sundays, let him abstain for a short time (from Communion), so that he may seem to have been corrected."²¹ - In the sixth century, Caesarius of Arles exhorts the faithful to sanctify the whole day, and commands that they assist at the sacred rite: "Therefore let him to whom it is possible come to the evening and nightly celebration, and let him pray there in the assembly of the Church to God for his sins. But he who cannot do this, let him at least pray in his own house, and not neglect to pay his vow to God and render the payment of servitude: but during the day let no one separate himself from the sacred celebration of Masses, nor let anyone remain idle at home."²² And elsewhere he adds that the omission of any prayer and reading on Sunday is a grave sin: "If on the whole Lord's day we neglect to attend to reading and to supplicate God, we sin against God not lightly."²³ At the same time the Council of Agde (a. 506) prescribed "that Masses on the Lord's day be held whole by laymen... so that the people not presume to go out before the blessing of the priest."²⁴

²¹ Elvira, c. 21, in Mansi, t. II, 9.

²² Serm. 280, among the works of Augustine, P.L., XXXIX, 2275.

²³ Serm. 281, ibid., 2270.

²⁴ Council of Agde, c. 47, Mansi, t. VIII, 322.

1010. Besides Sunday, certain feasts in the course of the centuries were instituted by the Church, and celebrated in the same manner. Since Bishops were able to institute feast days of precept, the discipline of various churches in this matter was diverse.

By common law, from the Constitution Universa of Urban VIII, Sept. 13, 1642, thirty-six days besides Sundays were to be observed by precept.²⁵ But Pius X retained only eight days,²⁶ namely the feasts of the Nativity, Circumcision, Epiphany, and Ascension of Our Lord Jesus Christ, the Immaculate Conception and Assumption of the Blessed Mary Mother of God, of the Blessed Apostles Peter and Paul, and of All Saints.²⁷

²⁵ The Nativity of the Lord, Circumcision, Epiphany, Monday and Tuesday after Easter, Ascension, Monday and Tuesday after Pentecost, the Feast of Corpus Christi, the Finding of the Holy Cross; Purification, Annunciation, Assumption, Nativity of the Blessed Virgin Mary, (the Immaculate Conception, added to the catalogue by Clement XI), Saints Peter and Paul, St. Andrew, St. James, St. Bartholomew, St. Matthew, Saints Simon and Jude, St. Matthias, St. Stephen Protomartyr, the Holy Innocents, St. Lawrence Martyr, St. Sylvester Pope, St. Joseph, St. Anne, the Feast of All Saints; one of the more principal patrons in any kingdom or province; another more principal patron in any city, town, or village.

²⁶ Motu proprio Supremi disciplina, July 2, 1911, A.A.S., III, p. 305.

²⁷ Feast days of patrons are not subject to ecclesiastical precept. But local Ordinaries can transfer the exterior solemnity to the nearest following Sunday.

From the Code, c. 1247, two feasts must be added to these, namely that of the most holy Body of Christ and of Saint Joseph (March 19).

By particular law, in France and other regions, from the concession of Cardinal Caprara on Apr. 9, 1802, the feasts to be celebrated outside Sundays were reduced to four: the Nativity and Ascension of the Lord, the Assumption of the Blessed Virgin Mary, and the feast of All Saints. The solemnity of certain principal feasts is transferred to the following Sunday.

In Great Britain, the feasts to be observed by precept remain seven: the Nativity of Our Lord Jesus Christ, Circumcision, Epiphany, Ascension, Saints Peter and Paul, Assumption, and the feast of All Saints.

For the Federated States of America, there are likewise six feasts of precept: the Immaculate Conception of the Blessed Virgin Mary; the Nativity of the Lord; Circumcision; Ascension; Assumption; the feast of All Saints. The feast of Saints Peter and Paul is transferred, as to solemnity, to the following Sunday.

1011. Conclusion. The law which prescribes the hearing of Mass and cessation from servile work on Sundays and feast days rests indeed on divine law, but has received its determination from ecclesiastical law.²⁸

²⁸ This conclusion differs little from that which St. Thomas hands down, II-II, q. 122, a. 4, ad 1: "The precept concerning the sanctification of the sabbath, understood literally, is partly moral, but partly ceremonial. It is moral indeed as to this, that man assign some time of his life for attending to divine things... But insofar as in this precept a special time is determined as a sign of the creation of the world, thus it is a ceremonial precept. Similarly it is ceremonial according to its allegorical signification, insofar as it was a sign of the rest of Christ in the sepulcher, which was on the seventh day." And he adds in the same place, ad 4: "The observance of Sunday in the new law succeeds to the observance of the sabbath, not by force of a precept of the law, but from the constitution of the Church and the custom of the Christian people." Cf. St. Alphonsus, n. 263.

(A) Certain theologians thought that not only the institution of the sabbath, but also the substitution of Sunday in place of the sabbath, is of divine law.²⁹ But it is commonly held that this substitution is of ecclesiastical law, as is clear from what was said above, n. 1008. (B) Others said that the sanctification of Sunday is only from ecclesiastical law,³⁰ since through the new law the precept of sanctifying the sabbath was abrogated, and only from the authority of the Church was Sunday substituted for the sabbath.

²⁹ Sporer-Bierbaum, tract. III, n. 485.

³⁰ Suarez, de relig., tr. II, l. II, c. 1-4.

(C) Nevertheless we think, with certain others,³¹ that the matter must be distinguished thus: (a) the sanctification of one day per week seems to be from divine law; for God Himself instituted the division of time into weeks, and commanded that the seventh day be devoted to divine worship; the ceremonial part of this precept, namely the choice of the sabbath, was abrogated; but nothing proves that the precept was altogether deleted as regards the obligation of specially sanctifying one day per week. (b) But the selection of Sunday in place of the sabbath, as well as the mode of sanctifying this day by hearing Mass and cessation from servile work, proceeds from the authority of the Church. It was indeed very fitting that, once the institution of the Eucharistic sacrifice was posited, the faithful be held sometimes to hear Mass, especially on Sundays; but sound exegesis does not permit one certainly to infer this from the text³² "Do this in commemoration of Me." Likewise, that God may be better worshiped on this day, it is altogether expedient that men abstain from works which turn the mind away from divine things; but what these works are, how many hours one must cease from them, was defined only by ecclesiastical law.

³¹ Fr. Schmid, Worin grundet die Pflicht der Sonntagsruhe, Quartalschrift Linz, 1900, p. 12 ff.; Noldin, n. 261.

³² Luke 22:19.

1012. From this it follows that the universal abrogation of this law is not to be expected. This even the defenders of the second opinion admit, among whom is Lehmkuhl, n. 546: "The universal abrogation of this law cannot therefore be made, because a sufficient reason can scarcely be conceived; and this law is to be conserved all the more holily, because it is traced back to apostolic institution, indeed in some way to the very origin of things, and precedes every institution of the old law." - But particular dispensations both from the hearing of Mass and from cessation from work can be granted, and in fact are granted not only to individual citizens, but also to communities.

These things having been set forth, we shall speak: 1. of the social utility of the sanctification of Sunday; 2. of the precept of hearing Mass; 3. of the precept of abstaining from servile works.

1013. Thesis: The sanctification of Sunday, although it is not prescribed by natural law, but by positive law, is nevertheless most fitting both on the part of God and on the part of man.

It is explained. Natural law indeed prescribes that God be worshiped by man, from what was said above, n. 856, but it determines neither the mode nor the time in which worship is to be rendered. Likewise experience establishes that man needs rest, so that he may be able to work better, and perfect and develop his faculties: yet nothing is defined by natural law as regards the duration of this rest. Nevertheless, from the almost unanimous consent of Christian peoples, and also from long experience, it is established that sabbatic or Sunday rest, with the pious exercises which are celebrated on this day, bears before it very great social utility.

1014. It is proved: 1. On the part of God. (A) For although God can and ought to be adored daily, it is altogether expedient, indeed morally necessary, that certain times be determined in which special worship is rendered to Him. For man, oppressed by continual labors for sustaining himself and his own, often distracted by various cares and solicitudes, and allured by many pleasures, by no means rarely forgets his Creator and Lord; if at some time the thought of honoring God occurs, many put off this duty until tomorrow, because other duties, as they think, urge immediate fulfillment; thus first the exercise of religion is deferred, then soon altogether neglected; thus man, forgetful of God and of his last end, thinks only of temporal things, of increasing wealth, of pleasures; he scarcely cares for the moral law and the practice of virtues, and little by little declines toward animal life. - But, on the contrary, if on any week a certain day is prefixed, on which we are held to cease from work and pay praises to God, divine worship already becomes easier. For when servile work ceases, the mind soon ascends to the Lord, becomes solicitous concerning the last end and the means of attaining it, and pays due praises to the supreme Creator and Governor of all. Sacred sermons, which devout Christians hear, pious readings of the Scriptures, prayers recited in church, and especially the celebration of Mass, which vividly commemorates the Passion of Christ and the benefits of Redemption, surely contribute much to this; also the works of charity or beneficence which on these days we perform more solicitously.

1015. (B) Besides, not only internal and private worship is owed to God, but also social worship, n. 859. Now, unless certain days are assigned on which Christians may pray together, social worship becomes impossible: for each one, either alone, or with parents, relatives, and a few friends, will pay praises to God privately. But if on any week, on a prefixed day, all Christians are gathered into churches, and there through Christ, and with Him, and in Him, pour forth prayers with one accord and glorify God; if they devoutly assist at the same sacrifice in which the Most Holy Trinity, in the name of the whole Church, is adored, praised, and receives thanksgiving, all easily understand that they are members of the same body, sons of the same heavenly Father; and they pay social worship to God not only as private men, but as members of the human family.

1016. 2. On the part of man. The celebration of Sunday confers many advantages upon man: bodily, moral, and religious.

(A) Bodily advantages: the physical powers of man, as limited, are easily diminished by continual labor; and unless they are restored by weekly rest, they are soon thoroughly exhausted.¹ This indeed is more true whenever labor becomes more intense, and demands greater application of mind and tension of nerves, as the matter stands today in most industrial workshops. But unless a certain day of rest is assigned, it will scarcely be possible for workers to cease from work. For by force of the unavoidable competition which prevails everywhere, masters do not wish machines, acquired at great expense, to remain unproductive on any day, and therefore often demand from workers that they labor daily; not a few, whether from hope of greater gain or from fear that they be thrown out of the workshop, in reality perform this, and soon, broken in strength, contract long-lasting diseases, or must abstain from work for a long time, not without great detriment to the family. Therefore it is necessary that on certain days servile works be prohibited, with the exception of those which are necessary for the public good. Experience likewise establishes that on any week one day of rest is morally necessary;² and it is altogether fitting that this day be Sunday, since it has already been observed for many centuries among Christian nations.

¹ To the point Heyl de Herrnsheim, in the international congress held at Berlin concerning Sunday rest, in the year 1890 (p. 48, official Paris edition): "For thousands of years, the seventh day has been a day of rest. At all times, it has been recognized as necessary that man periodically interrupt his work in order to repair his strength. If he does not do this, his body wears out rapidly, his strength and his power of work diminish gradually and end by being prematurely annihilated. It is therefore in the interest of humanity to prescribe one day of rest per week. As for the choice of this day, Germany is of the opinion that it ought to fall for each person on Sunday, which, moreover, by tradition is already consecrated to rest; and, following the example given by England, Austria, and Switzerland, the German authority proposes to extend to adults, by legislative means, the obligation which already exists for minors of interrupting all industrial work on Sunday, except in case of absolute necessity." - In reality, in most cultivated nations, laws have been passed concerning Sunday rest; A. Morel, Le repos dominical, Paris, p. 15-32, exhibits a summary of them; and in France a law concerning this matter will soon be promulgated, which the socialists themselves earnestly demand.

² At the time of the French Revolution, it was established by law that on every tenth day the people should cease from labor; but the experiment had an unhappy outcome, and soon it was necessary to return to the observance of Sunday.

1017. (B) Moral advantages. For man lives not by bread alone, but ought to cultivate his intellectual and moral faculties; otherwise, in the manner of acting, he scarcely differs from brute animals. But, once the necessity of laboring daily for sustaining the body is posited, most men would hardly find any opportune time for investigating truth and the moral law, unless on certain days they were held to abstain from servile work: for they would consume all time in temporal affairs, and would postpone the study of truth indefinitely. - But given the opportunity of ceasing from manual labor, man can raise his eyes and mind to higher things, think of the last end, of moral matters, of duties to be fulfilled. He can hear sermons, read the best books, cultivate the higher faculties, and thus become more humane.³ In reality, wherever Sunday is honestly and Christianly sanctified, a greater culture of minds flourishes, more refined manners are formed, and the moral law is observed more perfectly.

³ M. d'Hulst, Careme 1893, p. 189-190, explains this excellently: "The day of God frees the worker. It is not for him the day of inaction; it is the glorious day on which the rest of his members sets free the activity of his soul. To shake off the yoke which weighed upon it, to take its flight toward the heights, his thought has no need of the initiations of science: religion has prepared for it a better initiation, higher and more elementary all at once. It is not through the long deductions of reasoning which gropes and seeks; it is by the straight avenues of adoration that it makes its way toward the sublime Ideal. And when it has found Him, it communicates in Him with the thought of the scholar, the philosopher, and the artist; it attains Truth in its source, Good in its substance, Beauty in the hearth from which it radiates; it bathes in a divine atmosphere, and there renews the forces of courage and hope, of resignation and love." - Cf. Gilfillan, op. cit., p. 192-202; 225-236.

Thus also the domestic life of families can be kept intact. The various members of a family often are occupied in different works during the week; especially in industrial workshops, spouses are separated from one another, children from parents, and when in the evening hours they are united, generally, broken in strength, they can scarcely enjoy the consolations of domestic life. But if all cease from manual labor on Sunday, they can come together in the paternal home, converse together, enjoy the society of parents, relatives, and friends, and all the consolations which are found in the family.⁴

⁴ Cheysson explained this splendidly, in an address delivered at Paris, Mar. 9, 1898 (in Morel, op. cit., p. 51-52): "Without Sunday there is no possible family. It is only on that day and in that blessed center of the domestic hearth, of the home, that, together with the tired muscles of the father of the family, his brain, his heart, and his soul relax. It is only on that day that his wife and children possess him, that the family affirms itself and unfolds itself in its moral beauty and beneficent healthfulness, that the worker, bent for six days over his trade and enslaved to the panting work of production, rises upright; that he lays aside cares with his work clothes; that instead of belonging to the workshop, to the employer, he belongs to himself, and he belongs to his dear surroundings; that he becomes again father, husband, finally man, in the magnificent acceptance of this word." Cf. Gilfillan, op. cit., p. 236-249.

1018. (C) Religious advantages. For experience establishes that religion flourishes the more perfectly according as Sunday is more perfectly observed. This is easily understood if the psychological dispositions of each one are inspected. For those who are occupied about material things the whole time, and cling to them unceasingly, easily omit all other things: they think of temporal things, of acquiring wealth, of business, of pleasures, of honors, and thus become earthly and care by no means for heavenly things. Prayers, which from infancy they had been accustomed to recite, duties of religion which they previously paid to God, first indeed are shortened, and soon omitted. But since the virtue of religion, like the other virtues, is little by little diminished and at length thoroughly extinguished unless it is frequently exercised, it is necessary that a certain day be established for cultivating religion especially. Among Christians, this day is Sunday: on this day they can devote themselves to the study of religion, think of God and eternal things, pour forth prayers more abundantly, fulfill religious duties; but if they have performed this, on the other days also they will not be altogether forgetful of God, nor of Christian virtues; but, before they begin the day's work, they will raise their eyes rather easily to God, and will keep in mind that the acquiring of riches and the attainment of temporal things profit little, unless they use these as means for attaining the last end.

1019. Practical corollary. Therefore it must be attempted with all strength that Sunday be sanctified more and more. Two principal means greatly help toward this: (a) private associations, in which those who sincerely promise that they will promote Sunday rest are joined in a friendly league, whether at home and among neighbors, or even among merchants, for example by favoring those who sell nothing on Sunday. It is well enough known that certain societies of this kind have already been instituted in various regions.⁵ Sometimes congresses are held, whether national or international, and often indeed with a happy outcome: for in these practical means are devised and commended for promoting the universal observance of Sunday. (b) The intervention of the State: for since, especially in great industrial and commercial undertakings, it is morally impossible to cease from labor, on account of the competition prevailing everywhere, unless the same law be imposed on all, it is necessary that by an opportune law the day of rest be determined. This has already been performed in many regions, and soon, with all Christians and honorable men favoring it, it will be performed in every region.

⁵ Thus, in France, the societies which are called: L'oeuvre dominicale de France, - L'association pour l'observation du repos du dimanche, - La ligue populaire pour le repos du dimanche en France, etc. - Concerning the practical means hitherto employed for promoting Sunday rest, cf. A. Morel, op. cit., p. 94-116; F. Gibon, La croisade du Dimanche.

1020. This precept touches all the faithful who enjoy the use of reason, and also priests who are not celebrating, unless they are legitimately excused. It obliges under grave sin, as is clear from proposition 52 condemned by Innocent XI:¹ "The precept of observing feasts does not oblige under mortal sin, scandal being set aside, if contempt is absent." - Hence we shall speak: 1. of the requisites for hearing Mass; 2. of the causes excusing from hearing it.

¹ In Denzinger, n. 1069; cf. Viva on this proposition.

The precept of hearing Mass on Sundays and feast days comprises three things: bodily presence, - religious assistance, - and indeed in a due place.

1021. Since those who assist at the sacred rite, together with the celebrant, in some way offer the sacrifice, that presence is required and suffices which is necessary so that they can be said to be morally united to the priest celebrating, and to follow his actions, during the whole time in which Mass is celebrated.

(A) Presence of this kind is moral, namely that which, according to the estimation of prudent men, suffices so that those assisting are judged to be present at the sacred rite which is offered.

Therefore they satisfy the precept: (a) who are within the church, even if they stand behind the altar, a wall, or a column, - or in a chapel where they can neither see nor hear the priest, provided that from the movements of those assisting, the sound of the little bell, or other external signs, they can notice what is being done by the priest; this holds even if, in a large church, they are very far distant from the altar. (b) Likewise those who are in the sacristy, or in another place from which they can see or hear the priest; and also those who for a short time withdraw from the church to ring the bells or to perform something else connected with the sacred rite. (c) Indeed those who, outside the church, stand near the door, so that they are judged joined with the others assisting; indeed, those who are in a nearby house, from which through a window or door they can see the ceremonies of Mass, provided nevertheless that the house is not far distant from the church.²

² "Not beyond thirty paces," says Lugo, De Eucharistia, disp. XXII, n. 21. But the matter cannot be determined mathematically; moreover here one cannot be permitted without a reasonable cause.

1022. (B) Presence ought to be continuous during the whole time of the Mass, that is, from the psalm Judica up to and including the priestly blessing. Therefore they sin who, without cause, omit a part of Mass, and indeed gravely or lightly according as the part omitted is notable or small. Moreover, the gravity of the part omitted ought to be judged not only from duration, but especially from its dignity. Generally a third part of the Mass is judged notable, but if there is question of an essential action, a smaller part is held as grave.

1023. The omission of those things which precede the offertory, - the omission of the offertory alone, or of the preface, or of those things which follow Communion, is judged a light sin.

But it is grave to omit all things up to and including the offertory, - the whole canon, or from the consecration up to the Pater noster, because it is an essential part, - indeed even the consecration alone, which pertains to the essence of the sacrifice, - Communion alone, according to those who think that it pertains to the essence of the sacrifice, - to omit at the same time all those things which precede the Gospel and those which follow Communion.

He does not satisfy the precept who hears two or more parts of Mass from different priests celebrating at the same time, for example, the beginning of Mass up to the Canon from one priest, and at the same time the rest from another priest celebrating at a nearby altar. This is clear from the condemnation of this proposition 53 by Innocent XI: "He satisfies the precept of the Church concerning hearing the sacred rite who hears two of its parts, indeed four, at the same time from different celebrants."³ - But if someone hears these parts successively, yet so that he is present at the consecration and Communion of the same Mass, he strictly satisfies the precept, because he hears one whole Mass as regards the essentials, and supplies the rest; but otherwise, if he is present at the consecration of one Mass and the Communion of another, because he is not present at one and the same whole sacrifice.

³ Denzinger, n. 1070; Viva on this proposition.

From these things it is gathered that he who cannot assist at an entire Mass is held to assist at least at the essential and integral part, that is, the consecration and Communion, if he can. But if he can assist only at accessory parts, for example, the prayers which precede the Gospel or follow Communion, he is not strictly held to this. - He who was present at the essential and integral part of Mass, and omitted the rest, is held to supply these things, if he can, by assisting at another sacred rite.

1024. Things to be noted for practice. For judging the sin of those who come to church when Mass has already begun, attention must be paid not only to the aforesaid rules, but also to their mind, namely to the greater or lesser negligence of which they are conscious, and to the more or less clear foresight of the danger of not hearing the whole Mass.

Where many Masses are celebrated, those who have come late are altogether to be exhorted to hear the whole following Mass, if they easily can: Christian piety and the abundance of fruits which are derived from this surely advise it.

1025. It is not enough to be corporally present at the sacred rite; but the assistance ought to be religious, since the sacrifice is an act of religion. This involves two things: intention and attention.

(A) On the part of intention, there is required and suffices at least the implicit intention of worshiping God. Therefore he does not satisfy the precept who goes to church for this end alone, that there he may wait for a friend, or hear music, without any respect to divine worship; - but he who is present there from fear of parents or from another human motive, but at the same time wills to worship God, satisfies the precept.

1026. (B) Some attention of mind is likewise required, the notion of which we declared above, n. 870. (a) For satisfying the precept, at least external attention is certainly required, by which every action incompatible by its nature with internal attention is excluded; wherefore he does not satisfy the precept who, during Mass, attentively reads profane books, or writes or paints, plays, converses, attentively considers images or pictures, without religious affection.

(b) As regards internal attention, it is controverted: according to Lugo⁴ and others, it is not strictly required, because an act of divine worship can be performed even by those distracted in mind: for to this it suffices that at the beginning of the action there be the intention of worshiping God, and at the same time attention to the action which is placed, and that both virtually persevere; this can happen provided external attention is had. According to St. Alphonsus (n. 313) and others, more probably, internal attention is required, at least remiss, extending to the principal parts of Mass: for the Church prescribes an act by which God is worshiped; but God is not worshiped by merely external attention, internal attention having been voluntarily omitted. But according to St. Alphonsus, virtual attention suffices, that is, the intention of attending had at the beginning and not retracted; wherefore if someone is even voluntarily distracted, without nevertheless noticing that he is being distracted from Mass, he satisfies the precept of the Church, although he commits a venial sin. - In practice, serious effort must be made that the mind be occupied with pious thoughts and prayers; but he who has a general intention of worshiping God and strives with common diligence to turn his mind to prayers, or mysteries, or God Himself, ought not be anxious.

⁴ Lugo, De Eucharistia, disp. XXII, n. 27-41.

1027. Those sufficiently satisfy the precept who, during Mass, recite the breviary or rosary; read a pious book; perform an examination of conscience; doze a little, provided they notice the principal parts of Mass; indeed probably, according to some, those confessing their sins: this can be admitted if the confession is brief, or cannot be deferred to another time without grave inconvenience.

So that more abundant fruits may be gathered from the sacred rite, the faithful are to be exhorted to unite themselves to the priest, and especially to Christ Himself the high priest, and to pour forth prayers with Him, especially those which are found in the missal; or to think piously of the mysteries of the Passion; or to perform acts corresponding to the four ends of the sacrifice, according to the method of St. Leonard of Port Maurice.

1028. Although formerly, for several centuries, in many dioceses it was prescribed to hear Mass in the parish church,⁵ today the faithful can satisfy the precept in any church, and in any public or semi-public oratory, and in private cemetery chapels erected by families or private persons for their own burial; and also in the erected oratories of Cardinals and of residential or titular Bishops.⁶ - Nevertheless assistance at parish Mass is altogether to be recommended, so that the sheep may know their pastor and hear the word of God.

⁵ A. Villien, l.c., pp. 575, 578. - From this law there was first derogation through privileges granted to the mendicants (Pius V, Const. Etsi mendicantium, May 16, 1567, § 2; n. 8); afterward through contrary custom now in force in the whole world.

⁶ According to the Code, can. 1188, § 2, an oratory is: "1. Public, if it has been erected chiefly for the convenience of some college or even of private persons, yet so that all the faithful, at least during the time of divine offices, have a legitimately approved right of going to it; 2. Semi-public, if it has been erected for the convenience of some community or gathering of the faithful coming together there, and it is not free for everyone to approach it; 3. Private or domestic, if it has been erected in private houses for the convenience of some family only or private person." Moreover, from can. 1189-1190, "Oratories of Cardinals of the Holy Roman Church and of Bishops, whether residential or titular, although private, nevertheless enjoy all the rights and privileges by which semi-public oratories rejoice. - Chapels in a cemetery erected by families or private persons for their own burial are private oratories."

1029. But, excluding a special privilege, they do not fully satisfy the precept who hear Mass in merely private oratories, except those who are expressed in the concession itself of the indult; wherefore the tenor of the indult must be carefully inspected.

Generally, in order that it be licit to celebrate in a private oratory, it is required that one of the persons to whom the indult was principally granted, or to whom the brief is directed, be present at Mass. Moreover, only one Mass can be celebrated on the same day; indeed, unless the indult was granted by reason of infirmity, the celebration of Mass is prohibited on the more solemn feasts of the Nativity of the Lord, Epiphany, Easter Sunday, Pentecost, Thursday in the Supper of the Lord, Ascension, Immaculate Conception, Annunciation, Assumption, St. Joseph, the Holy Apostles Peter and Paul, All Saints, and the feast of the patron of the place.⁷ - In these oratories, the following satisfy the precept: those to whom the indult was principally granted; - their blood relatives and relatives by marriage up to the fourth degree, when they live with the privileged master in the same house; - guests who lodge with the master; - servants and household members who at the time of Mass are necessary for serving the masters.

⁷ S.C. Rit., Apr. 10, 1896, n. 3896, new edition.

1030. Disputed question. When those who enjoy the privilege of a private oratory cannot go to church, it is asked whether they are held to use the privilege, if they can conveniently have a priest. (a) Some deny this, because no one is held to use a privilege, and besides the precept does not oblige one to employ an extraordinary means. (b) Others, with St. Alphonsus (n. 319), affirm this, and indeed more reasonably, as we think: for the privileged are held not by force of the privilege, but by force of the precept, which obliges all who are able to fulfill it without grave inconvenience to hear Mass.

1031. Any grave cause, or any notable harm, whether one's own or that of neighbor, excuses from the precept of hearing Mass: for since there is question of a positive law, which in its determination is merely ecclesiastical, a proportionately grave cause excuses from its observance. Generally a fourfold cause is assigned: 1. moral impossibility; 2. charity; 3. duty to be fulfilled; 4. custom.

1032. 1. Impossibility, not only absolute and physical, but also moral. From this head the following are excused:

(a) The sick and convalescents who, on account of bodily weakness, roughness of the road, inclemency of the air, prudently fear some detriment to health: concerning this they themselves can judge, nor are they strictly held to recur to the judgment of a physician.

(b) Those who are far distant from church, so that they cannot go to church without notable fatigue or expense, all the circumstances of persons, roads, inclemency of the air, etc., being considered; in this matter the judgment of prudent men must be followed, which is diverse for various regions. Those who can easily be conveyed by horse or carriage are not as easily excused as those who must undertake the journey on foot.

(c) Those who cannot be present at the sacred rite without undergoing a notable loss of money; thus travelers who cannot interrupt or defer a necessary journey; those who otherwise incur grave loss, or are deprived of an opportunity of making notable gain; those laboring in workshops in which they cannot abandon work begun: in which case, nevertheless, the master of the workshop ought to order matters so that the workers successively have time for hearing Mass, as often as this can be done.

(d) Those who deservedly fear the loss of honor, for example, women who lack garments suitable to their condition (which today rarely happens, because decent garments are procured for a small price), or those pregnant from a crime, as long as their disgrace is hidden, unless they can be present at the sacred rite very early in the morning or in a church where they are unknown.

(e) Those who are not under their own right, and cannot hear Mass without undergoing indignation or vexations: thus wives, children, servants, soldiers, when they seriously fear that they will be subject to the very troublesome mockeries of husbands, parents, masters, commanders.

But, in all these adjuncts, those who are thus prevented ought seriously to attempt to remove the impediments as soon as morally possible.

1033. 2. Charity excuses those who are held to assist a neighbor in bodily or spiritual necessity, and cannot perform this without omitting Mass; for example, those who assist the sick, - bring help to neighbors who otherwise would suffer grave harm from fire, storm, or another calamity, - settle quarrels and disputes or impede grave sins.

1034. 3. Duty to be fulfilled excuses all those who are impeded by the duties of their state from being present at the sacred rite: mothers and nurses, servants, guards, soldiers keeping watch, who cannot be absent on account of a necessary ministry. Nevertheless servants who are frequently impeded by the bad will of the master ought, when opportunity is given, to seek another position.

1035. 4. Custom, where it is in force, excuses widows within the first month of widowhood; women after childbirth, for a month or six weeks; brides, on those days on which their nuptials are proclaimed, if they cannot be present at another Mass.

1036. Practical admonition. (a) When penitents confess that they have omitted the sacred rite, let the confessor ask about the cause, so that he may be able to judge the gravity of the sin, and also hand down opportune counsels for the future.

(b) If any are legitimately impeded from assisting at the sacred rite on Sundays and feast days, they are to be advised to supply this at home by prayers and good works. But if any are prevented throughout the whole year, they are to be exhorted to hear Mass sometimes on weekdays, lest they be altogether deprived of the most abundant fruits of the sacrifice; indeed, according to those who think that by divine law the faithful are held sometimes to be present at the sacred rite (Lehmkuhl, n. 567), they are obliged to this: and this opinion is not lacking in probability; for, given the institution of the Eucharistic sacrifice, it is very probable that Christ willed Christians sometimes to be present at it.

(c) Although there is no special obligation of assisting at Vespers and of performing the other pious exercises on Sundays and feast days, nevertheless this is earnestly to be commended.

1037. So that Christians might more easily sanctify Sunday, the Church at various times prohibited those works from being performed which are morally incompatible with hearing Mass or with the exercise of religion. At the close of the second century, Tertullian testifies that the faithful devote themselves to rest on Sunday.¹ The emperor Constantine, in the year 321, prohibited forensic works and the exercise of mechanical arts on the same day, yet permitted farmers to give their work to cultivation, on account of the intemperate weather often prevailing.² Around the end of the fourth century, the Council of Laodicea established (can. 29): "Let Christians not Judaize, nor be idle on the sabbath day, but let them labor; but let them specially honor the Lord's day, and, if it can be done, not labor on it."³ But among works, servile works were especially prohibited, which are exercised chiefly by the body, and formerly were accustomed to be done by servants; and forensic works, which pertain to market, fairs, and judicial acts: for by these the mind is especially turned away from divine things. But what must be understood by servile works was never determined by a general definition, but must be defined from particular decrees, the custom of places, and the common opinion of theologians.⁴ In this matter, the various customs of times and places and the estimation of prudent men must especially be attended to: for discipline was not the same in all times and places. Moreover, for judging whether some work is prohibited or not, it must be inspected whether it so occupies the mind that it turns it away from divine things.

¹ Apologet., n. 16, and Ad nationes, I, n. 13, P.L., I, 371 and 579.

² Cod. Justin., l. II, t. XII, De feriis, law 3.

³ Mansi, t. II, p. 569. - From this it follows that the obligation of abstaining from servile work at that time was not altogether strict. But, in the sixth century, Caesarius of Arles taught that the glory of the Judaic sabbatism had been transferred to Sunday, and therefore that from the evening of the sabbath day to the evening of the Lord's day one must abstain from every business and rural work (P.L., t. XXXIX, 2238 and 2274-2275). Yet this excessive severity was wisely mitigated by the Third Council of Orleans (538), whose statutes you may read in Mansi, t. IX, p. 19; cf. Villien, Rev. du clerge fr., t. XLIII, p. 342-344.

⁴ How difficult it is to define servile work is clearly established from the controversy which was debated among various authors in the periodical Revue du Cl. francais, t. XXXVII (1903), p. 83; t. XXXIX (1904), p. 194 and 436; t. XL, p. 103.

1038. On Sundays and feast days, servile and forensic works are prohibited, throughout the whole day from midnight to midnight, and indeed of themselves under grave sin. Matter is judged grave when labor is prolonged beyond two hours.

1. So that it may be better understood what servile works are, theologians are accustomed to distinguish a threefold genus of works: (a) servile, so called because they were formerly exercised by servants, are those which are performed chiefly by bodily labor and are immediately ordered to the utility of the body, such as plowing, digging, sewing; (b) liberal, so called because they were accustomed to be exercised by free men, are those which proceed chiefly from the mind and regard the cultivation of the soul, such as reading, teaching, singing, playing the organ; (c) common, or intermediate, which were done indiscriminately by servants and free men, and serve either the body or the soul, for example, making a journey, hunting, playing.

1039. (A) But what works are servile in species must be defined not from the intention of the worker, the length of time, or bodily fatigue, but from the nature itself of the work, custom, and the estimation of prudent men.

Thus the following are certainly servile: rural works, such as plowing, sowing, digging, collecting the harvest; - mechanical works, for example, the exercise of the tailor's, shoemaker's, or blacksmith's art; - industrial works in factories, mines; - certain manual works, even if they demand modest labor, for example, making rosaries, scapulars, or artificial flowers, picking roses, peeling apples. - On the contrary, those works are not forbidden which are done daily on account of some necessity, such as cooking foods, making beds, sweeping the house, etc.

But there are many works whose character remains doubtful in itself, and can be determined only from circumstances and custom: - to sculpt is a liberal and licit work if there is question of the final perfection of the work, but is held as mechanical work if wood or marble is first cut. - To paint with a brush is a liberal work when there is question of a truly artistic painting, but a servile work if walls are painted, as is done by ordinary workmen. To embroider can be held as a liberal work if it is done for the sake of recreation, or for avoiding idleness, but as servile if directly for the sake of gain. - To fish is not prohibited if it is done for the sake of recreation, otherwise when it is exercised for gain. - To set type, if it is done privately, seems to certain persons a liberal work, because it does not differ much from writing, but it is servile when in a workshop, for the sake of gain. - To grind is in itself a servile work, but if the mill is driven by wind, water, or steam, with slight labor of man, it is held by some as licit.

In these and other works of this kind, in our judgment, all those ought to be held as prohibited which, from common estimation, are judged to be the exercise of a lucrative art, which of itself turns the mind away from the sanctification of Sunday.

Certainly liberal are works which regard the cultivation of letters, sciences, or liberal arts, even if they are exercised for pay, such as teaching, writing, transcribing, drawing, singing, playing the organ or other musical instruments, etc. - Certainly common, and therefore not prohibited in themselves, are these and similar works: making a journey on foot, on horseback, by carriage, ship, railroad; hunting, bird-catching, fishing with a hook or small nets for the sake of recreation, etc. - These works are licit in themselves, unless from common persuasion they are held as prohibited; but to be occupied in the same for the whole day, so that Sunday is in no way sanctified, is a grave sin.

1040. (B) Forensic works are also prohibited: (a) judicial acts of the forum, whether civil or ecclesiastical, which are done with noise, for example, to cite parties, examine witnesses, exact a judicial oath, pronounce sentence, etc.; but acts which are done without noise are licit, for example, to consult an advocate, inform a judge, dispense, absolve, etc.; - (b) markets, or commercial acts, solemn contracts; thus public fairs, unless they are excused by custom; public sales by auction, unless they likewise are tolerated by custom after divine offices have been completed; solemn contracts, which are completed by notaries; but not private contracts which are entered privately.

Five are chiefly enumerated: necessity or very great utility, piety toward God, charity toward neighbor, custom, dispensation. But in all these cases, at least some time should be devoted to divine worship, if this can be done.

1041. 1. Necessity or very great utility excuses from labor whenever this cannot be omitted without grave inconvenience or harm. By this reason the following are excused:

(a) Farmers, who, on account of past or imminent rain or hail, must collect crops or fruits; (b) workmen who cannot interrupt works begun without very notable loss; such are those melting glass or iron, burning lime or bricks; those who, in a case of necessity, repair bridges, public roads, machines in workshops; blacksmiths, if they shoe the horses of travelers or of those who are about to set out very early the following day; those repairing the machines of those who otherwise would not be able to work on the following day; (c) shoemakers and tailors who make shoes or garments necessary for funerals, weddings, or other solemnities which cannot be deferred; or finish garments which they promised to hand over on the appointed day, provided that by their own fault they have not wasted time uselessly, nor are accustomed to undertake more works than they are able to complete;⁵ (d) public bakers and butchers, who in large towns are morally compelled daily to bake bread or kill animals; but not those who in small towns can do this for two days, unless several continuous feast days occur; (e) servants, wives, children, who are compelled to labor by a master, husband, or parent, when they cannot resist without founded fear of grave inconvenience; (f) poor persons, who otherwise are not able to sustain themselves and their own, or would be deprived of extraordinary gain.⁶

⁵ Let the richer also take care not to demand more quickly the garments which they hand over to tailors or seamstresses to be made; otherwise they are the cause why workers are morally compelled to labor at night and also on Sundays even unwillingly.

⁶ Led by this reason, Alexander III (Decretals, lib. II, tit. IX, De feriis, c. 3), permitted fishermen the capture of fish which in shoals approach the land at certain times: "We grant that it be licit for your parishioners on Sundays and other feasts (except on the greater solemnities of the year), if herrings have inclined themselves toward the land, to attend to their capture when necessity presses: in such a way that after the catch has been made they provide a fitting portion to the surrounding churches and to Christ's poor." Likewise S. Cong. Prop. Fid., Sept. 30, 1848, by authority of the Sovereign Pontiff, granted to certain apostolic vicars the faculty of dispensing poor Christians, who greatly need their own works, so that they may be able to labor servilely on Sundays and feast days, yet after hearing Mass (Collectanea, Paris edition, n. 1232; cf. n. 1226-1227; Ami du Clerge, t. XII (1899), p. 246).

1042. 2. Piety toward God excuses those who perform servile works proximately regarding divine worship, such as adorning altars, sweeping the church, covering the walls with tapestries; but it is to be counseled that these things be done the day before, if possible. But those things are prohibited which serve worship only remotely, such as building a church, whitewashing walls, making ornaments, unless another cause accedes, for example, an urgent necessity of worship.

1043. 3. Charity toward neighbor renders licit works, otherwise servile, by which we assist the grave necessity of neighbor, for example, to serve the sick; to plead the causes of the poor; to labor for the poor for whom, by reason of necessity, it is licit to labor, for example, to make garments, when winter is raging, for those who otherwise would perish from cold.

1044. 4. From custom, where it is in force, certain works otherwise prohibited are permitted; thus it is licit for barbers to shave a beard on a feast day; for gardeners to water vegetables; for farmers to turn or separate crops on the threshing floor; for merchants to sell drinks and food, even in public shops, etc. But what is licit from this head in any region depends on the particular usage of places.

1045. 5. To these causes is added dispensation granted by one's proper superior, namely by the Sovereign Pontiff for the whole Church, by the Bishop or capitular Vicar for the diocese, and by Prelates having quasi-episcopal jurisdiction. These cannot dispense without a just cause, which nevertheless can be less grave than that which of itself excuses from the law. - From the Code, c. 1245, pastors can, from a just cause, in individual cases, dispense individual faithful or individual families, even outside the territory, from the common law concerning the observance of feasts.

1046. Practical corollaries. (a) It is asked whether the reason of avoiding idleness excuses from servile work. - This indeed by itself alone does not excuse, since idleness can be driven away by licit occupations. But circumstances can be given in which idleness is a proximate danger of sinning, and at the same time can scarcely be driven away otherwise than by being occupied in servile work for some time: then it is licit to labor as long as is necessary for putting temptations to flight. In this case it can be counseled to girls and women that they make garments for the poor, or ornaments for churches.

1047. (b) It is likewise asked whether it is licit for workmen dwelling in a city to spend some time on Sunday in cultivating gardens which are rented or given to them. - Scandal being removed, this can be permitted, with deference to better judgment, whenever otherwise the workers are exposed to a grave danger of going to taverns and making themselves drunk, or of consenting to other temptations, - or when they are so poor that they need this work for sustaining themselves or their own, - or when the labor is so modest that it can be held as recreation and solace, - but especially when these three motives concur together.⁷ But it must be attempted with all strength that they first hear Mass, and for some time devote themselves to the study of Christian doctrine; nor should they labor longer.

⁷ Ami du Clerge, t. XXV (1903), p. 968; Rev. du Clerge francais, t. XXVII (1903), p. 83.

But let it never recede from the mind that the virtue of religion is among the most excellent moral virtues, and that God, best and greatest, repays a hundredfold those who, vain cares and solicitudes having been put aside, sincerely and devoutly promote divine worship.