Scholion I. On Pious Foundations

I. Notion and nature. By the name of pious foundations are signified temporal goods given in any way to some moral person in the Church, with the burden, in perpetuity or for a long time, of celebrating some Masses from the annual revenues, or of fulfilling other predefined ecclesiastical functions, or of performing some works of piety and charity (canon 1544, § 1). A foundation, once legitimately accepted, takes on the nature of a synallagmatic contract: I give that you may do (canon 1544, § 2).

Note. It belongs to the local Ordinary (or, if there is question of pious foundations in churches, even parochial ones, of exempt religious, to the major superior) to prescribe norms concerning the amount of endowment below which a pious foundation cannot be admitted, and concerning the proper distribution of its fruits (canon 1545, compared with canon 1550).

II. Acceptance of a foundation. 1. In order that foundations of this kind can be accepted by a moral person, the consent of the local Ordinary is required, given in writing (or, if there is question of exempt religious, the consent of the major superior), who should not furnish it before he has legitimately ascertained that the moral person is able to satisfy both the new burden to be undertaken and the old burdens already undertaken. Above all, he should take care that the revenues correspond altogether to the burdens annexed, according to the custom of each diocese. In the acceptance, constitution, and administration of a foundation, the patron of the church has no right (canon 1546).

2. Foundations, even those made orally, are to be committed to writing. One copy of the records is to be kept safely in the archive of the Curia (or of the major superior), and the other in the archive of the moral person to which the foundation pertains (canon 1548).

Note 1. Money and movable goods assigned under the name of donation are immediately to be deposited in a safe place, designated by the same Ordinary (or major superior), for this end: that the same money or the value of the movable goods be preserved and, as soon as possible, be invested cautiously and usefully according to the prudent judgment of the same Ordinary, after those whose interest is involved and the diocesan council of administration (or the council of the major superior) have been heard, for the benefit of the same foundation, with express and individual mention of the burden (canon 1547).

Note 2. With the prescriptions of canons 1514-1517 and canon 1525 observed, in any church there is to be drawn up a table of the burdens incumbent from pious foundations, which is to be kept by the rector in a safe place (canon 1549, § 1). Likewise, besides the book of which canon 843, § 1 speaks, another book is to be kept and preserved by the rector, in which the individual perpetual and temporary burdens, their fulfillment, and the alms are noted, so that an exact account of all these things may be rendered to the local Ordinary (or major superior) (canon 1549, § 2).

Note 3. If there is question of churches, even parochial ones, of exempt religious, all the things set forth above must be observed, but in such a way that the assigned rights and duties belong exclusively to the major superior (canon 1550). But if there is question of churches of non-exempt religious, the rights set forth are reserved to the local Ordinary, even if the parish has been united to the religious house with full right (cited canon, compared with the response of the Pontifical Commission).¹

¹ 25 July 1926, ad IV (Acta Apostolicae Sedis 1926, p. 393).

III. The obligation of a foundation, as regards Masses, is both to celebrate as many Masses as have been established, and to fulfill the other things imposed by the founder, for example as to the quality of the Mass, place, altar, hour, etc. (n. 220). The obligation of celebrating as many times as is expressed in the foundation is grave. How great the obligation of the other adjuncts is must be gathered from what has been said generally about the obligation arising from a stipend (n. 222). Neglect of the adjuncts does not induce the obligation of celebrating another Mass, or of restoring the stipend or part of it, unless the priest accepted an excess of stipend in consideration of a greater inconvenience; for example, if he accepted a larger stipend for a sung Mass and did not sing it. For the rest, note:

1. Unless it is otherwise expressed, someone can fulfill the burden either personally or through another (St. Alphonsus, VI, 330).

2. If it is not determined for whom the Masses are to be applied, the obligation of applying them to the founder himself is presumed;¹ and all things are safeguarded if the application is made according to the intention of the founder.

3. If the founder did not order all the Masses to be celebrated for himself, but ordered a certain number from them to be celebrated for himself or according to his intention, he is presumed to have left free the application of the remaining Masses (St. Alphonsus, loc. cit.).

4. To a benefice there is sometimes annexed the burden either of celebrating daily or of celebrating and applying daily. Moreover:

a) One who is bound personally to celebrate can sometimes omit Mass for a just cause. Nevertheless he is bound to supply through another if the burden immediately falls upon the church or community; otherwise, if it immediately falls upon the beneficiary. Just causes for sometimes omitting Mass are:

alpha) Religion; namely, the beneficiary can, for the sake of reverence, according to some authors abstain from celebrating once a week, according to others once a month.

beta) A reasonable impediment, such as a journey to be made, spiritual exercises to be performed, etc. To this also belongs:

gamma) Illness. If this is brief, the beneficiary is not bound to supply through another; if it is more lasting, he is bound to supply through another. Illness is judged brief, according to some, if it is of fifteen days; according to others, of one month; according to others, of two months. This last opinion is held by St. Alphonsus as sufficiently probable² (VI, 333).

b) One who is bound personally to celebrate and apply can, just as one who is bound only to celebrate, sometimes omit the sacred rite for a just cause. He can also sometimes - for example six times a year - offer for himself or for others, but he cannot accept a stipend.³ If he does not personally apply, he is bound, as was said of one who must personally celebrate daily, to supply through another if the burden was imposed immediately upon the church, etc.; otherwise, if it was imposed directly upon the beneficiary.

¹ Sacred Congregation of the Council, 18 March 1668; 26 March 1718.

² The declarations of the Sacred Congregation of the Council, 4 June 1689 and 17 November 1695, do not seem to settle the question.

³ Sacred Congregation of the Council, 18 September 1683 (Collectio, n. 228); Pontifical Commission, 14 July 1922 (Acta Apostolicae Sedis 1922, p. 529).

IV. Cessation or change of the obligation. The causes of cessation are assigned as reduction, total defect of revenues, and condonation. Reduction is the concession of diminishing the works, for example the number of Masses, established by a pious foundation. Condonation is the concession of omitting works, for example Masses, which ought to have been celebrated in past time. That the Holy See enjoys the faculty of condoning and reducing Masses is clear from c. 2, Clem., de religiosis domibus (III, 11), and from the practice of the Church. For the rest, the Holy See can compensate the loss arising to founders, both by supplying from the treasury of the Church and by enjoining other works. Moreover:

1. The reduction of burdens which weigh upon pious foundations is reserved to the Apostolic See alone, unless something else is expressly provided in the tables of the foundation (canon 1551, § 1). Nevertheless, with the reduction of Masses excepted, these words of canon 1517, § 2 hold: "If, however, the execution of the imposed burdens, because of diminished revenues or another cause, without any fault of the administrators, has become impossible, then the Ordinary too, after those whose interest is involved have been heard, and with the will of the founder preserved in the better way possible, will be able equitably to diminish the same burdens." Moreover, an accidental change made for a time and for a just cause, for example the transfer of a Mass from one hour to another, does not seem to exceed the faculty of the bishop, unless there was a special reason for assigning a certain hour.

"The causes, moreover, on account of which the Apostolic See is accustomed to reduce Masses are: scarcity of priests, slenderness of the stipend or increase of the current stipend, diminution of the revenues of a monastery, or greater necessary expenses for sustenance, etc.; finally, if the necessity of the brethren, or of the fabric of the church or monastery, should press" (St. Alphonsus, VI, 331). For reduction recourse should be had to the Sacred Congregation of the Council.

Note 1. An indult of reducing founded Masses is not extended either to other Masses owed from contract or to other burdens of the pious foundation. But a general indult of reducing the burdens of pious foundations is to be understood, unless something else is clear, in such a way that the holder of the indult should reduce other burdens rather than Masses (canon 1551, §§ 2 and 3).

Note 2. It is advised that the founder insert into the document of foundation the faculty of diminishing the number of Masses if the revenues do not furnish an equitable stipend for the individual Masses.

2. Total defect of revenues; for when these fail, the title on which the burdens rest falls.¹ That the revenues are diminished, or for another reason no longer constitute an equitable stipend, does not per se suffice for the burdens to be diminished; this follows from what was said above. But if the founder assigned a stipend for individual Masses, or did not determine the number of Masses, the number can indeed be diminished proportionately according to the stipend determined for the individual Masses or according to the diocesan tax.

3. Condonation of burdens² is altogether reserved to the Apostolic See. Recourse is to be had for the external forum to the Sacred Congregation of the Council; for the internal forum to the Sacred Penitentiary.

¹ Cf. Sacred Congregation of the Council, 7 July 1686; 18 August 1705.

² Note from canon 1509, 5, that burdens of Masses are not extinguished by prescription.