Part III. On the Third Precept of the Decalogue

(St. Thomas, II-II, q. 122, a. 4; St. Alphonsus, Theologia Moralis, bk. III, nn. 263-332; Homo Apostolicus, tr. 6.)

It is a natural precept that some time be appointed for divine worship. "The precept concerning the sanctification of the Sabbath... is moral indeed as to this: that man should appoint some time of his life for being free for divine things; for there is in man a natural inclination to this, that some time be appointed to each necessary thing, as to bodily refreshment, sleep, and other things of this kind; whence also for spiritual refreshment, by which man's mind is refreshed in God, according to the dictate of natural reason man appoints some time; and thus to have some time appointed for being free for divine things falls under a moral precept" (St. Thomas, II-II, q. 122, a. 4, ad 1; St. Alphonsus, III, 263).¹

But the determination both of the time and of the manner was and is of positive law (St. Thomas, II-II, q. 122, a. 4, ad 1 and ad 4; St. Alphonsus, III, 263, 265). Now divine positive law in the Old Testament had dedicated the Sabbath day to divine worship, and on that day had commanded cessation from servile work. Now, with ecclesiastical positive law considered, these things have force:

I. The supreme ecclesiastical authority alone can establish, transfer, or abolish feast days common to the universal Church. Ordinaries of places can prescribe special feast days for their dioceses or places, but only for an individual act (can. 1244).

II. The common feast days established by the supreme authority are: all and each of the Sundays, the feasts of the Nativity, Circumcision, Epiphany, Ascension, and the Most Holy Body of Christ, the Immaculate Conception and Assumption of Mary, the gracious Mother of God, St. Joseph her spouse, Saints Peter and Paul the Apostles, and finally All Saints (can. 1247, § 1). Understand these things in this way:

1. Feasts not enumerated in the cited canon, by that very fact and by the law itself, are no longer of precept anywhere, even if in some nation, diocese, or place they previously had been of precept by particular law or custom, even centenary custom of the place, or by special concession of the Holy See.²

2. If anywhere some feast from those enumerated has legitimately been abolished or transferred, nothing is to be innovated without consulting the Apostolic See (can. 1247, § 3). As is drawn from the word if anywhere (that is, if in some place), the discussion concerns particular feasts, not however the feasts of Corpus Christi and St. Joseph, which were abolished by Pius X by the Motu Proprio Supremae disciplinae;³ these feasts have again been introduced by force of the Code itself.

3. Feast days of Patrons, as follows from what has been said, are not subject to ecclesiastical precept; but Ordinaries of places can transfer the external solemnity to the next following Sunday (can. 1247, § 2).

III. The reckoning of a feast day is to be made from midnight to midnight, saving the prescription of can. 923⁴ (can. 1246), and with the hours computed according to the common usage of the place; this seems to be drawn from can. 33, § 1, which does not count this law among laws in the observance of which an option of time is granted, and this, as it seems, both so that there may be uniformity in this law, and so that scandals easily arising may be forestalled.

IV. On feast days of precept, Mass must be heard, and one must abstain from servile works, forensic acts, and likewise, unless legitimate customs or particular indults provide otherwise, from public market, fairs, and other public purchases and sales (can. 1248). Several other things are counselled, especially that the faithful be present at the sermon and exercises to be instituted after noon (cf. cann. 1345 and 1348). With these things noted, we shall speak first of hearing Mass, then of cessation from certain works.

¹ Roman Catechism, part 3, chapter 4, on the third precept.

² Pontifical Commission, February 17, 1918 (Acta Sanctae Sedis 1918, p. 170).

³ July 2, 1911.

⁴ Canon 923 establishes: To gain an indulgence attached to some day, if a visit to a church or oratory is required, this can be made from noon of the preceding day up to the midnight which closes the appointed day.