Article II: On Founded Masses

— On Pious Foundations. 1. Notion. Pious foundations designate temporal goods given in any way to some moral person in the Church, with the perpetual or long-lasting burden of celebrating some Masses, or fulfilling other pious functions, or performing some works of piety or charity (c. 1544).

2. Acceptance of Burdens. The local Ordinary or major Superior of exempt religious defines norms concerning the dowry, or "capital," to be required and concerning the right distribution of fruits. His written consent is required for accepting a foundation; nor must he give it before it is legitimately certain that the moral person is able to satisfy both the new burden and the old ones (c. 1543).

3. Placement of Goods. The Ordinary or major Superior designates a safe place where the money and movable goods of the endowment are to be kept, until as soon as possible, after those whose interest it is and the council, whether diocesan of administration or of religion, have been heard, they are prudently placed fruitfully, according to the judgment of the Ordinary or Superior, with express and individual mention of the burden (c. 1547).

4. Documents of Burdens. One copy of the tables is to be kept safely in the archive of the moral person to whom it pertains, the other in the archive of the curia of the Ordinary or major Superior (c. 1548).

A little table of the burdens incumbent on the church from foundations is to be made and preserved in a safe place with the rector of the church. And besides the book deputed for inscribing manual Masses, another is to be preserved with the rector in which individual perpetual and temporary burdens, their fulfillment, and the alms are annotated, so that an exact account concerning all these can be rendered to the local Ordinary (c. 1550).

— Execution of Burdens. Concerning founded Masses, many things return which we said concerning the burden of a benefice. Therefore, as to the place, time, intention, and quality of the Mass, the will of the founder is to be observed. He who neglects it without just cause sins, and indeed gravely if he often does it, even if the heirs consent: for they themselves are held to executing the will of the testator. Yet Lugo does not estimate it mortal rarely and from a cause to celebrate in another church and at another altar than is owed. Indeed he does not seem to sin even venially who, obliged to daily celebration, rarely and from a reasonable cause celebrates elsewhere. But if he was obliged to celebrate at a privileged altar, he can omit this less easily without grave guilt, at least unless he compensates that either by personal privilege of the altar, or by application of a plenary indulgence. Yet by a plenary indulgence a privileged altar is compensated only imperfectly.

— Change of Burdens. But perpetual transfer from one altar or church to another cannot be made without an apostolic indult. But because an accidental change of the will of the testator, made for a reasonable cause, does not seem to exceed the power of a bishop, therefore they commonly judge that it is lawful for a bishop to concede a temporary transfer for a reasonable cause. Yet if there was a special cause for the testator to establish a certain hour or a certain altar, the bishop could not derogate from the will of the founder by dispensation (Ballerini-Palmieri, IV, 1030).

But Masses which at the end of the civil year within which they ought to have been celebrated have not been said are to be handed over to the Ordinaries, according to the manner to be defined by them (c. 841).

But the reduction itself of Masses is reserved to the Holy See by cc. 1517 and 1551.