Morals of the Church
Library › Wouters, Manual of Moral Theology › Volume I › Book II. On the Exercise of the Christian Life, or on the Cultivation of the Virtues › Treatise II. On the Cultivation of the Moral Virtues › Dissertation III. On the Precepts or Duties of the States of Life › Part II. On the Duties of Clerics › Section II. On the Duties of Clerics › Chapter I. On the Duties of Clerics Generally › Article III. On the Duty of Reciting the Canonical Hours Specifically

Section — Wouters, Manual of Moral Theology

§ II. On the Subject of the Precept

1192.

The following are bound to the recitation of the breviary:

I. Clerics constituted in major orders, except, however, those who have legitimately been reduced or returned to the lay state (can. 135, 213, 214). Since the obligation begins with a major order, a subdeacon on the day of ordination is bound to that hour which corresponds to the moment of ordination; hence one who, for example, is ordained between the hour of Sext and None is bound to begin from None (St. Alphonsus IV, 140). Moreover, although the obligation does not yet subsist before the order has been received, nevertheless the cleric seems able to render the fulfillment already then; for since it is the burden of the day, by the will of the Church legitimately interpreted he is presumed already before ordination to have been deputed to discharge the said burden on the day (St. Alphonsus, loc. cit.).

II. Beneficiaries from the day possession of the benefice has been taken, provided they receive the fruits (can. 1475, § 1). If a beneficiary, detained by no legitimate impediment, has not satisfied the obligation of reciting the canonical hours, he does not make the fruits his own in proportion to the omission, and he should hand them over to the fabric of the church or to the diocesan Seminary, or distribute them among the poor (can. 1475, § 2). It is said:

  1. He does not make the fruits his own. Therefore he does not acquire ownership of the fruits, and so before the sentence of a judge (cf. can. 2232) and, as it seems, by justice, he is bound to restitution, although d'Annibale1 thinks that restitution is imposed after the manner of a conventional penalty.

  2. In proportion to the omission, that is, according to the Constitution of Pius V Ex proximo:2 One who has omitted the whole office on one day is bound to restore all the fruits corresponding to that day, or the 365th part of the annual revenue; one who has omitted either Matins with Lauds or the remaining hours, half the fruits of one day; one who has omitted one of the said remaining hours, a twelfth part. Moreover one who receives the fruits of a benefice on account of other burdens also is bound only to that extent to restore the fruits insofar as they correspond to the burden of the canonical hours. "Wherefore they say that a bishop or pastor is bound to restore a third or fourth part of the fruits, retaining the others for the other burdens which they satisfy; canons, half; those having a chaplaincy, half or a third part" (St. Alphonsus III, 673). Finally, from the Constitution of Leo X Supernae dispositionis, the fruits received in the first six months are remitted.

  3. He should hand them over to the fabric of the church or to the diocesan Seminary, or distribute them among the poor. "By the name of the poor, however, are understood the poor of any place whatsoever; and the deceased themselves are also understood. - And also the cleric himself can apply the said fruits to himself, if he is truly poor" (St. Alphonsus III, 672). Besides, if someone ignorant or forgetful of the debt has distributed alms, he can quite probably reckon these for restitution (St. Alphonsus III, 700, question 2). But proposition 33 was condemned by Alexander VII:3 "Restitution of fruits on account of omission of the hours can be supplied by any alms whatsoever which the beneficiary had previously made from the fruits of his benefice."

III. The solemnly professed in religions, whether of men or women, which have the obligation of choir. Therefore the solemnly professed in religions of this kind, if they have been absent from choir, must recite the canonical hours privately (can. 610, § 3). But professed religious of temporary vows are not bound to private recitation of the office, unless they have been constituted in sacred orders or perhaps are obliged by their own constitutions (can. 578, 2nd; 610).4

Corollary. If someone is bound to the divine office under different titles, "because he owes praises to God as one man, it is enough that he say the office once" (St. Thomas, Quodlibet 1, article 13).

1 Summula Theologiae Moralis III, 65.

2 20 September 1571.

3 Denzinger-Bannwart, n. 1133.

4 Cf. Sacred Penitentiary, 24 November 1852.

Divine OfficeWho is bound to say the office, and how gravely