Article — Wouters, Manual of Moral Theology
Article I. On the Stipend Considered in Itself
I. Notion and origin. A stipend is an offering, that is, money or a thing estimable by price, which someone offers to a priest under this burden: that the priest apply the special fruit of the Mass to his, that is, the offerer's, intention. Hence the contract constituted once the stipend has been accepted takes on the nature of the contract: I give that you may do (cf. canon 1544, § 2).
The most remote origin is found in the offerings which the faithful in antiquity, when they came together for performing sacred rites, brought to the altar within the Mass itself (at the Offertory), both as a sign of communion with the Church and of participation in the Sacrifice itself, and also to provide for the necessary expenses of divine worship and for the support of the clergy (who were leading a common life) and of the poor.
In the first centuries of the Church, indeed, offerings of this kind were made only in bread and wine, then also in produce, oil, and incense. But already long before the eighth century the custom prevailed that, in place of the aforesaid offerings, or at least together with them, money was contributed as an offering for the sacrifice, destined for the common chest or treasury of the church. Then, as the common life of clerics gradually ceased, and especially as the private Masses of individual priests multiplied, the faithful began also to bestow an offering in money specifically upon individual priests for a sacrifice to be specifically applied for them. Traces of this practice are already found in documents of the eighth century; its universal use already came down in the twelfth century.1
1 Vlaming, Institutiones Iuris Ecclesiastici, n. 349.
II. Division. Stipends are divided into manual stipends, stipends after the manner of manual stipends, and founded stipends. Manual stipends are those which are offered by the faithful for Masses, either from their own devotion, as it were into the hand, or from an obligation, even perpetual, imposed by a testator upon his own heirs (canon 826, § 1). The latter burden the patrimony of some family. Stipends for founded Masses are called "after the manner of manual stipends" when they cannot be applied in their own place, or by those who ought to apply them according to the tables of the foundation, and therefore by law or by indult of the Holy See must be handed over to other priests so that satisfaction may be made for them (canon 826, § 2). Thus stipends of founded Masses become after the manner of manual stipends when they are transmitted to others who satisfy them. Founded stipends are those which are received from the revenues of foundations (canon 826, § 3; n. 233).
III. Lawfulness. According to the received and approved custom and institution of the Church, it is lawful for any priest celebrating and applying Mass to receive an alms or stipend (canon 824, § 1). The reason is that the stipend is not given and accepted after the manner of a price, that is, as a thing with which the Mass is exchanged - which would be simoniacal - but as a thing which is owed to the priest insofar as it is just that one who must serve the utility of others be supported by those others, according to these words of Sacred Scripture: "The laborer is worthy of his food";1 "Who ever serves as a soldier at his own expense?"2 (St. Thomas, II-II, q. 100, a. 2; St. Alphonsus, VI, 316, 320, doubt 4).
Thus it is lawful, even for a wealthy priest, to accept a stipend for a Mass. Nevertheless it would be little praiseworthy to celebrate principally on account of the stipend. Indeed, St. Alphonsus judges that one who acts thus is not easily excused from venial sin, "since it is a certain disorder to direct spiritual things to temporal things" (VI, 317; III, 55, question 6).
Note 1. It is also lawful, as Benedict XIV teaches,3 for priests celebrating with the bishop, for example in the Mass of ordination, to accept a stipend. Likewise it is permitted for newly ordained priests to receive an alms for the three Masses imposed upon them by the bishop (St. Alphonsus, VI, 829).
Note 2. One who celebrates several times in a day, if on one occasion he applies from a title of justice, cannot, except on the day of the Nativity of the Lord, receive an alms for another Mass, apart from some remuneration from an extrinsic title (canon 824, § 2). It is said:
From a title of justice, for example because of a stipend received, or if a pastor from office applies for the people; in this case, therefore, the pastor cannot receive a stipend for either Mass. For the rest, it is the same whether the Mass which has a stipend annexed is said in the first place or in the second place.
He cannot receive an alms for another Mass. Nevertheless nothing prevents him - provided that he does not receive an alms - from saying another Mass from a title of fidelity or charity; or even of justice, provided that the title of justice is not founded in stipend or in office.4
From an extrinsic title, for example of chant, hour, or place.5
Note 3. From canon 825 it is never lawful:
To apply a Mass to the intention of one who is going to request the application with an alms offered, but has not yet requested it, and to retain the alms afterward given for the Mass previously applied (n. 1; cf. n. 208).
To receive an alms for a Mass which is owed and applied by another title (n. 2). By another title, whether of justice, fidelity, obedience, etc. The reasons are: both because in the case the one who gave the stipend is more probably deprived of some fruit to which he has a right (n. 207); and because the one giving the stipend, according to received usage, judges that the Mass is applied for himself alone, while the priest accepting the stipend tacitly binds himself to that.
To accept a double alms for the application of the same Mass (n. 3; cf. n. 207).
To receive one alms for the celebration alone and another for the application, unless it is certain that one offering was made for celebration without application.
3 De sacrificio Missae, book III, chapter 11.
4 Cf. Sacred Congregation of the Council, 14 September 1878 (Collectio, n. 1500).
5 By these words the prohibition of the Sacred Congregation of the Council (15 October 1915), which existed on 2 November, was removed (Pontifical Commission, 13 December 1923, Acta Apostolicae Sedis 1924, p. 116). Moreover, Pius IX, by decree of the Sacred Congregation of Propaganda Fide, 15 October 1863, granted to Ordinaries of missions the faculty of allowing, when a just and grave cause intervenes, that priests subject to them may receive a stipend even for a second Mass to be celebrated on the same day. Even outside mission territory such indults are sometimes granted, but only conditionally, namely under the condition that the Masses be applied according to the mind of the bishop, who will receive the alms so that he may expend them for pious causes. If these pious causes are not further indicated, it is also lawful, indeed preferable, that the bishop expend them "in favor of poor priests, not excluding those who repeat the Sacred rite, insofar as they need assistance" (Decree of the Sacred Congregation of the Council, 7 August 1909, Acta Apostolicae Sedis I, pp. 767-771; cf. especially the report of the consultor prefixed to this decision). In the case, however, the whole alms is to be sent to the bishop (Sacred Congregation of the Council, 27 February 1905; N. K. St., p. 134). Thus Aertnys-Damen, vol. II, n. 202.
IV. The just stipend. It belongs to the local Ordinary to define the manual stipend for Masses in his diocese by decree, issued as far as possible in diocesan synod; nor is it lawful for a priest to demand more than this (canon 831, § 1). Where a decree of the Ordinary is lacking, the custom of the diocese is to be observed (canon 831, § 2). Even religious, although exempt, must stand, concerning the manual stipend, by the decree of the local Ordinary or by the custom of the diocese (canon 831, § 3). Moreover:
- A larger stipend than the local Ordinary or the custom of the diocese has established cannot be demanded. Nevertheless, when more ample stipends are generally provided, it does not seem illicit to say: "I cannot personally discharge your stipends unless you give as much as others have given."1 Besides, it is not per se prohibited to require compensation for extraordinary labor or inconvenience, for example if a sung Mass is requested, or one to be said at a certain time or place, or if a journey must be made (St. Alphonsus, III, 55).
Corollary. One who demands a stipend larger than the statute permits sins against religion, for the law obliges from this virtue; likewise he sins against justice if he demands more than is fitting. He is not, however, guilty of simony unless he sells something spiritual, for example by demanding a larger stipend because of an indulgence annexed to an altar.
A larger stipend freely offered can be accepted (canon 832); nor can the bishop prohibit a larger one from being offered.2
Likewise a smaller stipend can be accepted, unless the local Ordinary has prohibited it (canon 832). If a prohibition has been made, it is not judged prohibited to accept a smaller stipend if a reason of mercy requires it.
If someone has offered a sum of money for the application of Masses, without indicating their number, this number is to be computed according to the alms of the place in which the offerer was staying, unless it ought legitimately to be presumed that his intention was otherwise (canon 830). These things are also to be applied to a testator.
1 Aertnys-Damen, II, n. 207.
2 Sacred Congregation of the Council, 16 January 1649.