Duties of Canons

THE canons attached to a cathedral church form the council or senate by whose advice and help the bishop is assisted in the government of the diocese. Collegiate churches were also served by a body of canons. By the common law, besides helping the bishop in the government of the diocese, canons were bound to residence near the church which they served; they were bound to sing the divine office every day in choir, and in turn to celebrate the conventual Mass. When a bishopric becomes vacant the government of the diocese devolves on the chapter of canons, who must elect within eight days after the vacancy occurs a vicar capitular to administer the affairs of the diocese until the appointment of a new bishop.

As there are either no prebends for the support of the canons in this country, or their income is too small for the purpose, our canons have been dispensed by the Holy See from the obligation of residence near the cathedral and from the daily celebration therein of Mass and divine office. They are, however, still bound to assemble at the cathedral on some one day in every month to be designated by the bishop, and on that day to sing office, say a conventual Mass, and hold a chapter. Similar provisions have been made in other countries, In the United States the place of canons is to some extent taken by the diocesan consulters.

In diocesan matters of importance the bishop is bound to ask the advice of his canons, and sometimes it is specially provided that he must obtain their consent to what he proposes to do.

Canons in England do not indeed elect a new bishop, but the Holy See has granted them the right of commendation, which is exercised by electing three clerics whose names they send in alphabetical order to the archbishop or to the senior bishop if the vacancy occurs in the archbishopric, ‘The bishops then hold a meeting and after deliberation send the names with their remarks and opinions concerning the merits of each to the Holy See. The Holy See selects one of the three or someone else as it is judged more expedient.

What about convoking a synod and visiting the Holy Thresholds? - The Bishop is held to celebrate a diocesan synod every year. And every three years a provincial synod must be celebrated. Trent s. 24, c. 2 de R. "Every third year, and even more frequently for necessity or opportunity, all the Bishops of each ecclesiastical province should come together, to act jointly concerning the common business of their churches." Instruction of the Secretariat of State, May 1, 1900, to the Bishops of Latin America. A report every five years is to be presented by the Bishops themselves at Rome to the Holy See concerning the state of the diocese, according to the norm of the canons and order of the Decree of the S. C. Consistorial A remotissima Ecclesiae, December 31, 1909.

A report, moreover, is specially enjoined to be made concerning the observance of the Decrees concerning the age of those to be admitted to first Communion, concerning frequent and daily Communion, and of the Motu Proprio Sacrorum Antistitum, September 1, 1910, concerning whose observance a report is also to be made by General Moderators of Religious Institutes. In Italy, however, Bishops are specially commanded to preserve carefully monuments of art and history. C. of Sixtus V Romanus Pontifex, December 20, 1585; Instruction of the S. C. de Propaganda Fide, June 1, 1877; Plenary Council of Latin America 203; A. S. S. v. 10, p. 202; Benedict XIV de Syn. l. 2, c. 5.

What are canons? - Canons, so called because formerly they were subjected to a common rule, constitute the general council of the Bishop, and are bound by various obligations as regards divine worship, the altar, choir, and, when the see is vacant, the administration of the diocese. Canons are constituted first where there is an episcopal See, or cathedral Church. Temples which, besides the cathedral, have a college of canons are called Collegiate. Some canons are regular, who under a provost lead a common life bound by vows, and these now are found fewer; others are secular, who live separately from benefices or ecclesiastical pensions and preserve the canonical institute as regards various duties to be undertaken in the Church. Trent s. 22, c. 4 de R.; s. 24, c. 12.

Hence it is easily clear how great both the honorableness of morals and the knowledge of canons ought to be. The Archdeacon ought to be, as far as can be done, a Master in Theology, or Doctor, or Licentiate in Canon Law. The scholastic canon, obtaining the scholasteria, or having the duty of teaching, must be a Master or Doctor or Licentiate in sacred page or in Canon Law, or certainly must be suitable for such an office. The penitentiary canon must be a Master, or Doctor, or Licentiate in Theology or Canon Law, and forty years old, or otherwise the one who is found more apt according to the quality of the place. The lector canon of sacred theology, who is held to expound and interpret Sacred Scripture, must be suitable to fulfill such a duty by himself. The Council of Trent exhorts, however, that where this can conveniently be done, all dignities, and at least half the Canonries in Cathedral Churches and distinguished Collegiate Churches, be conferred only on Masters or Doctors or Licentiates in Theology or Canon Law. Trent s. 5, c. 1 de R.; s. 23, c. 18 de R.; s. 24, c. 8, 12 de R. Benedict XIII, C. Pastoralis officii, May 19, 1725, established for Italy and the adjacent Islands that the theological prebend is to be conferred on a doctor in sacred theology, or on one who at least within a year will be distinguished with the doctorate. Besides the profession of faith, cf. v. 1, n. 364, all are held to take the oath according to the formula prescribed by Pius X in the Motu Proprio Sacrorum antistitum. E. M.

To canons who have not been included among Domestic Prelates, from Chapters having the privileges of Protonotaries, cf. v. 1, n. 269 ter 1, it is conceded that collegially they indeed enjoy all privileges granted by the Apostolic See to their Chapter itself; but individually they can both wear the prelatial habit and the piano, as it is called, as is in the Letter Inter multiplices at §§ 16 and 17, and, by special mandate of the Ordinary, celebrate the Holy Sacrifice with the vesture and manner of Prelates, concerning which there is discussion ibid. at § 31. It is lawful to use this twofold power only within the limits of the diocese of which the Chapter is. Motu Proprio of Pius X, December 22, 1913.

A canon who has left a canonry and obtained another in the same church must obtain the place of the last canonry obtained, nor can he obtain the place of the one left. S. C. C., March 21, 1609; June 11, 1701; Ferraris v. Canonicatus, a. 7, n. 54.

The Bishop can entrust to clerics in sacred orders, initiated by title of ministry and endowed with a canonical benefice, some duty foreign to the benefice, for example the chaplaincy of nuns, or other ecclesiastical services of this kind. When public necessity presses, just as to other clerics, so also to canons who are strong in powers and health, he can impose the aforesaid offices, otherwise by no means conflicting with canonical duties, but altogether compatible, only for a time, and urge their execution according to the canons; yet in such a way that he uses this faculty only with prudence and discretion. S. C. C., December 4, 1913.

The Bishop can visit, correct, and amend Chapters of Cathedrals and of other major churches, and their persons, as often as there shall be need. Council of Trent s. 6, c. 4 de R.

What about the residence of canons? - Canons are held by the obligation of residing in their own churches. Trent s. 24, c. 12 de R.; L. 129. Now from Trent l. c. two things seem to be prescribed absolutely to canons: residence in the place and attendance at choir. Nevertheless, there are those who hold that canons not having care of souls can spend day and night outside the place of their own benefice, provided that at fitting hours they approach the church for service. And this is also established from a Declaration of the S. C. apud S. Alphonsus l. 3, n. 675 in fine.

They can be absent only for three months, Trent l. c., whether continuous or interrupted, S. C. C. 1575. "Otherwise in the first year they are deprived of half the fruits," in the second year of all fruits, etc., with the part deducted for the other offices which they did not omit. L. l. 3, n. 673. "But Bonacina says from a certain Declaration of the S. C. that canons are not deprived of fruits if they are absent only for a few days beyond three months, for a transgression of this kind does not seem such as to merit the aforesaid grave penalty of deprivation of half the fruits." L. 129. They cannot use vacations on Sundays and feast days of the whole year, nor on the days of Advent, Lent, the octaves of the Nativity and Resurrection of the Lord, Pentecost, and Corpus Christi. S. C. C., June 21, 1640. "But canons in the three months in which they are absent do not gain distributions, but they do indeed gain the fruits of the prebend, provided they resided and frequented choir during the remaining time of the year." L. ib.; S. C. C., September 14, 1829. A canon who uselessly wastes the three months conceded by Trent more probably is not held to restore the fruits of the benefice. The reason is that the Council absolutely concedes to canons to be absent for three months, with no special cause required. Not all canons can be absent at the same time on the permitted days, nor beyond a third part of the chapter, lest worship be impeded. S. C. C., March 12, 1594; June 21, 1640; S. R. C. 113 ad 2; 152 ad 7. It is indeed penal that from Trent l. c. they must be deprived of half or all the fruits, and therefore they are not to be paid before sentence. Thus Scavini, ed. Milan 1874, l. 1, n. 431, and others. S. Alphonsus requires no sentence of the judge from a Declaration of Benedict XIV. But this in reality is not sufficiently established. L. l. 3, n. 675.

If they depart from the diocese during the time permitted by the Council, they need the permission of the Bishop; but otherwise if they do not depart from the diocese. S. C. C., March 12, 1594; May 9, 1626. Canons absent from choir lose distributions. Trent s. 22, c. 3 de R.; s. 24, c. 12 de R. Distributions lost on account of absence cannot be condoned by associates. S. C. C., December 6, 1794. It is in the power of the Ordinary, beyond the conciliar months, to concede another from a just cause, S. Pius V, October 7, 1580, apud Fagnan on C. Licet n. 4 de Praeb.; indeed he can even permit a longer absence on account of an extraordinary cause, namely because of infirm health, raging persecution, or undoubted utility of the Church or of the republic. Trent s. 21, c. 3 de R.

Canons cannot serve choir through substituted outsiders, nor, when absent from the city where the Cathedral is and from its suburbs, can they mutually substitute one for another. Trent l. c.; S. C. C., May 31, 1721; L. l. 3, n. 675. But the absent are not held to substitute someone for themselves. S. C. C., March 15, 1785. L. 189; Benedict XIV, Notification 157; E. M.

What about the office of choir? - All canons are held in choir, instituted for psalmody, to praise the name of God reverently, distinctly, and devoutly with hymns and canticles. Nor are they excused because perhaps they are few; for the S. C. C. defined on March 13, 1696, that canons, even if few, for example two or three, are held to sing or recite the office in choir. Hence it is not sufficient that canons only be present at choir or offices; but they are held to concur themselves in song or recitation, insofar as they can, with raised voice and with pious affection of heart. Trent s. 24, c. 12 de R.; E. M.

While the canonical hours are being paid in choir, private Masses cannot be celebrated at the choral altar. S. R. C., December 20, 1878; January 14, 1888, ad 3; November 21, 1893, ad 1, n. 3814.

Do canons sin gravely who do not assist at choir beyond the time permitted by Trent? - Several deny it; but it must more truly be affirmed, if they are notably absent from choir beyond the time permitted by Trent, such as is not three or four days. The reason is that, as is established from Trent s. 24, c. 12 de R., the obligation of assisting does not arise from distributions, so that if they renounce these, they free themselves from every obligation; but from the primary institution of benefices, which have been instituted not on account of anyone's utility, but on account of the worship of God and for undertaking the divine ministries. L. l. 3, n. 675.

What are canons held to restore who are not present at choir? - Those who are absent without a legitimate and just cause do not gain distributions; these accrue to those present; and contrary custom is not admitted. This is established from C. Consuetudinem un. de Cler. non resid. in 6, from Trent l. c., and from S. C. of the Council, January 21, 1905; May 12, 1912. Moreover they must restore the fruits of the prebend, but not before sentence, even if they are absent from choir beyond the conciliar months. This is established from the same Trent l. c. For it is said: in the first year let them be deprived of half the fruits; in the second year let them be deprived of all fruits. Those who are absent from legitimate causes lose neither the fruits of the prebend nor distributions. Legitimate causes are infirmity, reasonable necessity of the body, and evident utility of the church, namely of the church concerning whose distributions there is question; not of another particular church or of the general church. But he who is absent on account of causes diverse from the three aforesaid, yet also just, for example on account of study, visitation, and other things of this kind, does indeed gain the fruits, but not the distributions. Likewise they do not gain distributions among those present, although they are absent from legitimate causes, if these from the disposition of the testator, or from statute, or from the custom of the church, are owed only to those actually present. S. C. C., June 26, 1745.

Commonly there are held as present: a canon-curate in the Cathedral or Collegiate itself, while however he is occupied in the care of the parish; the penitentiary, while in his church he hears confessions; the theologian, on the day on which he expounds Sacred Scripture to the faithful. Trent s. 22, c. 3; s. 24, c. 8 de R. To these are to be added, in Italy and the adjacent islands, those who are occupied in spiritual exercises for ten continuous days per year, namely with the permission of the Bishop, and not on those days on which it is prohibited to be vacant, namely Advent, Lent, and the principal feasts. Clement XI, Encyclical February 1, 1700. "Dignitaries or canons, beneficiaries, and all others belonging to the choir, who either give their labor to the compiling of processes of Servants of God and of Blessed persons, whether Ordinary or Apostolic, or have been called as witnesses, are to be regarded, within or outside the City, as present in choir, with office changed; and therefore they are to receive all emoluments, even eventual ones." S. R. C., November 21, 1893, n. 3812, General Decree, and July 13, 1904, General Decree, A. S. S. v. 37, p. 255 ff. "Among the emoluments to be received are also included those which are commonly called falle." S. R. C., May 25, 1909, A. A. S. v. 1, p. 502. - Trent s. 21, c. 3; s. 22, c. 3; St. Pius V, C. Cupientes, July 8, 1518; Benedict XIV, Instruction 107, n. 56; L. 130, 131; E. M.

There is a special decree concerning the discipline of choir to be observed in the City, namely the decree Decorem domus of the S. C. C., November 30, 1910. Cf. Supplement n. 215.

Do canons satisfy choir, so that they are not held to restitution, who indeed are present in choir, but by no means sing, or recite in a lowered voice? - It is certain that they not only lose all distributions, but are also held to restore the fruits of the prebend; yet these, again, not before sentence, and only beyond the conciliar months. Therefore it seems certain that they sin gravely, if the quantity is grave. C. Cum semper, August 19, 1741; Brief Dilecte Fili, January 19, 1748, Benedict XIV; L. l. 3, n. 675.

Note: The things said about canons concerning choir are to be understood also of beneficiaries who, by reason of the benefice, are obliged to choir. "It must be observed that whenever by the organ something is represented as to be sung or answered alternately to the versicles of hymns or canticles, that which is to be answered by the organ is to be pronounced by someone in choir in an intelligible voice. And it would be praiseworthy that some cantor should sing the same together with the organ in a clear voice." Caeremoniale Episcoporum l. 1, c. 28, n. 7. "Those parts, both of the divine office and of the Mass, which are omitted because of the sound of the organ, are to be said in choir in a lowered voice; but when it is not played, they are to be sung integrally." S. R. C., July 22, 1848. If the aforesaid omitted parts are not recited in a lowered voice, satisfaction is not made for the obligation of the divine office. L. 143.

Canons, properly so called, who constitute the Chapter, must be present at it when duly convoked; and it is grave if they are ordinarily absent, unless they are excused either by a just cause, or by the lightness of the business, or by the time of vacations. - "Honorary canons, as regards the use of insignia, are to be equated with titular canons when they discharge sacred ministries in the choir of the Cathedral." S. R. C., July 21, 1906; March 16, 1876. As regards canons who are Apostolic Protonotaries, cf. the Motu Proprio Inter multiplices of Pius X, February 21, 1905. E. M.

A canon can well exist without a benefice or without a prebend. These two, canonry and prebend, are distinguished. A canonry, or commonly a canonicatus, is a spiritual right which comes from the election or reception of someone as a Brother or Canon. The aforesaid right imports the right of having a seat in choir, or commonly a stall, a voice in the Chapter, and of having a prebend or competent portion of the fruits of the canonry. Therefore a prebend further imports the right to receive the annual fruits of the canonry, whether owed from the title of canonical right. Hence one who has both is called a prebendary canon. Ferraris v. Canonicatus, a. 1, n. 1 ff.

Can the Bishop permit that habitually not all the hours be sung? - R. In the negative, and this has already been decided several times by the S. C. C. - Lucidi, de Visitatione, 3rd ed., Rome 1883, etc., v. 1, p. 324 ff.

Must the Office of the Dead, of the Blessed Virgin Mary, and the Gradual Psalms be recited in choir from obligation? - R. In the negative, from the Constitution of Pius X Divino afflatu, Rubr. tit. VII, n. 2. Cf. here n. 116, 129.

What about the conventual Mass? - Canons are held in turn to sing the conventual Mass, and to apply it on individual days for founders and benefactors in general, and the others must be present at it. Benedict XIV, C. Cum semper oblatas. "Canons are wholly held to celebrate and sing the conventual Mass of the current office, in order that they may licitly gain the daily distributions." S. R. C., June 25, 1611; February 27, 1847. The alms of conventual Masses are not to be taken from the fruits of the prebend of individual canons, but from the mass of distributions. S. C. C., March 18, 1719, Ferrara. - If the bishop sings a solemn Mass, the hebdomadary must celebrate and apply a read Mass for benefactors. S. R. C., November 12, 1831, ad 20, n. 2682. - Lucidi l. c. v. 1, p. 305 ff.; v. 3, p. 188 ff.; L. 419; E. M. "In churches in which there is an obligation of choir, only one Mass with the assistance of those belonging to choir is always to be celebrated; and indeed of the office of the day, unless the Rubrics dispose otherwise; other Masses which up to now were celebrated with the aforesaid assistance are in the future to be read outside choir, after the proper canonical hour. Exceptions are etc." Pius X, C. Divino afflatu, Rubr. tit. XII.

Moreover in the Rubrics of the Missal, tit. 15, n. 2, as regards Masses of choir, these things are prescribed: "The conventual and solemn Mass ought to be said in the following order: on double and semidouble feasts, on Sundays and within octaves, after Terce has been said in choir; on simple feasts and ferias through the year, after Sext has been said; in Advent, Lent, Ember days, even within the octave of Pentecost, and on vigils which are fasted, although they are solemn days, the Mass of the season must be sung after None." Cf. ib. nn. ff.

Therefore the celebrant is held to read Mass at another altar, but in the same church, and then, if choir still continues, he is held to return to it. And if he celebrates Mass at the proper hour, he also gains distributions, since he is absent from choir according to the prescription of the Rubrics. "On the Commemoration of all the Faithful Departed, the office and Mass of the current day having been omitted, only the office with the Mass for the Dead is done, as is prescribed in the Appendix of the New Psalter." Pius X, C. cited, Rubr. XIII. Therefore the office and Mass of the current day are omitted.

In cathedral and collegiate churches, as regards the solemnity of Masses and Vespers, in the choral office, on recently suppressed feast days, according to the M. P. Supremi disciplinae of Pius X, July 2, 1911, the same things are to be observed as before the suppression. S. C. C., August 8, 1911. Cf. 238 bis.

What about the assistance owed to the Bishop? - Trent s. 24, c. 12 de R. establishes thus concerning canons of Cathedrals: "All are to be compelled to assist and serve the Bishop when celebrating or exercising other pontifical functions." The Caeremoniale Episcoporum, l. 1, c. 15, agrees, and declares that all canons are held to assemble in canonical habit at the designated place, and both to lead the Bishop proceeding to the church for the sake of exercising pontifical functions, and likewise to accompany him when returning. But this is to be understood when on more solemn feasts or ceremonies the Bishop comes to the Church in order to celebrate, or to be present at the sacred rite, dressed in the cappa, or to perform pontifical functions. "On other days it is enough that some from the dignities and canons receive and lead back the Bishop dressed in the cappa at the door of the church." S. R. C., June 13, 1891, Mont. Polit. ad 4. But canons are not held to assist the Bishop when he celebrates privately. - Decr. Auth. S. R. C. n. 3782, 3828; Plenary Council of Latin America 233. "The functions which the Bishop would perform in the cathedral church, if he were present, and which pertain to him, when the Bishop is impeded, absent, or deceased, pertain successively and not alternately to the dignities and canons of the same church," namely to the next more worthy dignity of the chapter. S. R. C., July 9, 1895, n. 3865.

Canons also compose the general council of the Bishop. For the Bishop, unless a contrary and true custom is present, in a particular case must ask the counsel of the canons before he issues mandates; but he does not need their consent in order to establish and urge them, unless in cases determined by law. Namely, the canons in that council do not have the right of deliberative vote, but merely of consultative vote. For thus Benedict XIV, de Synod. l. 13, c. 1, n. 8, 9: "Much in this matter is to be deferred to the custom of places.... It is certainly not necessary that the Bishop, about to promulgate new laws, should demand the opinion of the whole clergy; but it is enough if he asks the counsel of his own chapter, although he is not held to follow it.... Indeed the Bishop will even be freed from the obligation itself of seeking the chapter's counsel, if by legitimately prescribed custom he has acquired for himself the right of establishing and publishing laws without consulting the chapter." S. R. C., July 12, 1892, n. 3782; E. M.

What about the office of canons when the See is vacant? - When the episcopal See is vacant, the whole jurisdiction of the bishop, except those things which savor of innovation or alienation, and likewise except the erecting of confraternities and the approving of their statutes, whether that jurisdiction is ordinary or delegated by law, passes to the chapter, and from it to the capitular Vicar, to be elected within eight days, so that the chapter cannot retain for itself even the smallest part of jurisdiction. From decrees of the Holy Office, November 24, 1897; April 20, 1898; June 22, 1898, the faculties habitually granted by the Holy See to the Ordinary, either for a predetermined time or for a determined number of cases, also pass to the capitular vicar. Nevertheless he cannot undertake visitation before a year has elapsed from the last Sacred Visitation; nor convoke a synod before a year has elapsed from the last synod; nor grant dimissorial letters for tonsure or orders within the year, except to those who are pressed, i.e., laymen presented to an ecclesiastical benefice, and clerics who by reason of a benefice obtained must receive some order within the time defined by law or by the documents of the foundations. "Yet the chapter, when the See is vacant, can, even within the year, give testimonial letters to someone who from elsewhere has permission to receive orders. Probably it can also give someone permission to be initiated by first tonsure, because tonsure is not an order.... But that which the chapter can do, when the See is vacant, it cannot do through itself, but through the elected vicar." L. 788. Nor likewise can it confer benefices, except benefices of lay patronage, bestow indulgences, or perform episcopal functions which pertain to the bishop in the cathedral, S. R. C., April 22, 1871, n. 3247, etc. - The office of the capitular Vicar ceases as soon as the new Bishop has presented the letters of institution to the chapter of his church and has obtained possession of it; but the favors granted by him remain, so long as they have not been revoked. - The capitular Vicar is to be elected as one "who at least is a doctor or licentiate in Canon Law, or otherwise, as far as can be done, suitable." Trent s. 24, c. 16 de R. He who performs the office of capitular Vicar will be a titular Protonotary only while this office lasts. - From S. R. C., November 12, 1831, Marsorum ad 32, the decree having been preserved in the most recent edition, he is not held to celebrate Mass for the people. - Decret. tit. Ne Sede Vac.; C. 1, 14 de Maior.; Reg. 2, 11 Canc. Apost.; Trent s. 7, c. 10 de R., s. 24, c. 16 de R.; Pius IX, C. Rom. Pontifex; Plenary Council of Latin America 212-214; S. C. Indulg., November 15, 1878; November 23, 1878; A. S. S. v. 11, p. 353; Benedict XIV, de Syn. l. 2, c. 9; Sanchez, de Matr. l. 3, d. 28, n. 5; L. l. 6, n. 788; E. M.

227 bis. Both within and outside the Cathedral, honors and distinctions above the chapter, which are used for the bishop's vicar general, do not belong to the vicar general if he proceeds collegially with the chapter. S. R. C., April 22, 1871, n. 3247. Canons who have renounced their canonry can be enrolled among honorary canons by the Bishop, after the chapter has been heard. S. C. de Prop. Fid., July 7, 1904.

1. Iacobus, a canon, is indeed present in choir, but he does not discharge the office with the others by singing. For he hears the others of the other part of the choir; but the verses of his own part of the choir he recites in a low voice. Anxious about this practice of his, he asks whether he has sinned gravely, and whether he is bound to restore the fruits and distributions received.

Question. What is to be said in the case?

R. Roncaglia, tract 5, q. 2, c. 1, q. 6, has these things which pertain to our matter: “A beneficed cleric assigned to choir is bound so to sing, if he is not impeded by some cause, that he can be heard by the other part. Many oppose this obligation, since it is enough for him that that part of the choir in which he is found should speak in such a way that it may be heard by the other; for then all are judged to speak in that way, since they help one another by mutual communication. But this reason does not sufficiently convince me; for one assigned to choir, in order to satisfy his duty, and consequently to receive distributions, ought to serve the choir as such service requires; but the service of choir demands that one so recite that he can be heard by the other part. Besides, anyone assigned to the ministry of some community ought on his part to contribute to such ministry; but he certainly does not do this who says the canonical hours in such a way that he cannot be heard by his counterpart. From these reasons the common opinion is that he at least does not satisfy public recitation who recites in so low a voice that the matter stands as if he were reciting privately; and consequently he is to be deprived of distributions.”

Bonacina teaches these things about the same question, d. 1, q. 3, p. 2, par. 1, n. 17: “I respond secondly that he who recites his own verses in a low voice, and attentively hears the others of the other choir, does not satisfy the due service of choir, although he satisfies the obligation of reciting the divine office, nor is he bound to repeat the office. The reason is that ecclesiastical revenues are given to canons so that they may serve and sing with the others, Clem. 1, de Celebrat. missarum, final chapter, dist. 92, where it is said that clerics deputed to a church ought to assemble in the church for the daily office of psalmody. But clerics are not deputed, nor are they accustomed to assemble, so that they may hear the rest, but so that they may sing psalms together; just as a laborer is not hired for the vineyard so that he may stand by there, but so that he may apply his work in it; nor is a parish priest hired so that he may simply reside, but so that he may exercise the parochial burdens. Therefore they ought to sing psalms together; consequently he who recites his own verses in a low voice does not satisfy the duty of choir, although he attentively hears the others. ... Hence it follows that one reciting in a low voice, while the others sing, cannot receive distributions. The reason is both because distributions are conferred upon those singing and serving in choir, and because he who does not do what he ought does not receive what he ought; and because here he acts against commutative justice; therefore he is bound to restitution. ... I concede, however, that he can receive half the distributions, because he is not wholly lacking in his duty, since he is present at choir, recites the office in a low voice, and hears the rest. ... And in this way the words of the Constitution of Pius V, which begins Ex proximo lateranensi, are to be understood, in which it is decreed that a canon who does not sing psalms in choir, although he is present, loses the fruits which he would have gained if he had sung. The reason why they are to be understood in this way is both because he fulfills part of his duty, and therefore it does not seem fitting that he should lose all the fruits, and because in the aforesaid Constitution it is not said, ‘he who does not sing psalms,’ but ‘he who, assigned to choir, is present with the others at all the canonical hours without reciting.’”

The Supreme Pontiff indeed absolutely denies the fruits and distributions to him who is present in choir but does not recite the office either in choir or outside choir. But if he recites the office outside choir, he indeed receives the fruits of the benefice; for a beneficed cleric privately reciting makes his fruits his own. If, however, he recites the office neither in choir nor outside choir, he loses the fruits and distributions. For by reason of the omission of the office he loses the fruits; by reason of absence from choir he suffers the loss of distributions. Hence, if someone in choir indeed recites his own part of the office but does not sing psalms, while he hears the others singing their own part, he does not lose the fruits, since this man is not of a worse condition than one who did not come to choir and recited privately. But he seems to gain distributions by half, says Bonacina; for although he does not sing psalms, nevertheless he is really present at choir, reciting the office and hearing the rest. But if he is present at choir and recites the office, yet recites the whole office in a low voice, then, although he gains the fruits of the benefice, nevertheless he loses all distributions, since that presence in choir is then wholly material; and as one simply not reciting, even if he is present at choir, nevertheless loses distributions, so also, although he recites the whole office, but privately, he loses distributions; for if in the one case that presence is not considered sufficient for gaining distributions, neither is it considered such in the other case.

So indeed according to Bonacina, loc. cit., and according to the cited Bull of St. Pius V. But St. Alphonsus, bk. 3, n. 675, contends that canons not present in choir, without a legitimate or just cause, by the fact itself and before any sentence lose both all distributions and also the fruits of the benefice; likewise that canons indeed present in choir, but not singing, also lose all distributions and fruits; and that those likewise present in choir, reciting the psalms in a low voice and hearing the other part, lose all distributions and are bound to restore the fruits of the prebend. The holy Doctor confirms this from the Constitution of Benedict XIV, Cum semper oblatas, and from the letter Dilecte fili to His Eminence Cardinal Delphinus, Patriarch of Aquileia.

Now then, canons absent from choir, even in time of vacations, do not gain distributions, unless by fiction of law they are judged present. They also do not gain distributions who are present at choir but do not sing psalms, even if they recite the whole office in a low voice; indeed even if they recite only part in a low voice and hear another part in choir, for even in this case they do not sing psalms. So indeed from the cited Constitution and from the cited letter of Benedict XIV. But as regards the fruits of the prebend, those who are absent from choir, if they recite the office, must indeed restore the fruits of the prebend, but not before the sentence of a judge, and if they are absent beyond the conciliar months and without a legitimate or just cause. Nor is the contrary proved from the cited Constitution and cited letter of Benedict XIV. For the prescription of the Council of Trent, sess. 24, c. 12, de R., is still in force in this matter. Cf. S. C. C., in Verulana, Residence, 6 June 1863. Wherefore the Constitution of Benedict XIV is to be understood of those prebends which consist of daily distributions. Cf. Barbosa, de Canon. et Dignit., c. 20, n. 18; Lucidi, ed. 3, vol. 1, p. 322, n. 106. Hence even canons who are present at choir, but recite the office in a low voice and do not sing psalms, or even simply do not recite, are bound to restore the fruits of the prebend, but not before sentence, and only beyond the conciliar months. Cf. I. M. 219, 220, 221.

It must be noted here, 1., that a twofold kind of revenues has been established for canons: one from prebends, which is called by the name of fruits; the other from daily distributions. cc. 19, 27, de Praeb., c. 10, Extr. Comm., same title. The former are given on account of the benefice itself or prebend, and therefore so that they may recite the canonical hours; the latter on account of presence, and consequently so that they may be present at choir. Cf. Lucidi, ed. 3, vol. 1, p. 286, n. 27 ff.; Trent, sess. 24, c. 3, de R.; sess. 22, c. 3, de R.; sess. 24, c. 12, de R. To these are added emoluments from anniversaries, from legacies, from public supplications, from lawful funerals, etc., which are commonly called distributions among those present. Cf. Benedict XIV, Notification 107, n. 7.

It must be noted, 2., that, the question concerning choir in order to gain fruits and distributions being set aside, but speaking of choir in general in order to satisfying the obligation of the divine office, whether those who recite the psalms in a low voice while hearing the other part satisfy it, according to the far more probable and more common opinion it must be affirmed. The reason is that, in order to satisfy the office in choir, it is not necessary that each one hear all the voices of the other part; for each part with the other constitutes one body, and they mutually communicate. L. 1, 3, n. 675; G. 127.

2. Three canons, brothers by blood, two of whom also carried out the parochial office, were unjustly and violently expelled from their own see by the demagogues of Italy, to which they could not return without danger of prison or life. During the whole time of absence they were deprived by the other canons of the emoluments which are called adventitious, namely those which arise from associations of the dead, anniversaries, public supplications, and other sacred functions. These emoluments, on account of the death of two canons, the four canons only who remained divided among themselves.

Question. What is to be said in the case?

R. Note beforehand: 1. All choral emoluments come, some from the prebend, but others from added pious legacies for Masses and other sacred functions to be performed. The question concerns the emoluments of this second kind; and these emoluments are likewise of a twofold species. For some are fixed from the perpetuity of legacies; others are uncertain and manual, which come from alms, or passing legacies, and other ways by the piety of the faithful. 2. There are legitimate causes of absence from choir which grant the right not only of receiving fruits and daily distributions, but also the other extraordinary distributions and all emoluments which derive from fixed offerings, if the special will of the testator or giver does not stand in the way. Among causes of this kind is counted the absence of canons compelled by demagogues, during the necessity of that absence. For this forced absence is reduced to bodily necessity, which gives a right even to fixed emoluments, as the doctors teach according to c. Consuetudinem, single chapter, de Cler. non resid., in 6, and as is clear from several responses of S. C. C. — I. M. 220.

Wherefore the response to the proposed question is that those absent canons gain all fixed offerings only, in which the special disposition of the testator or giver does not stand in the way, during the necessity of that absence; and that the other present canons, who unduly received the same emoluments of the absent, are bound to restitution of them. S. C. C., 8 July 1865; A. S. S., vol. 2, p. 407 ff.; Lucidi, ed. 3, vol. 1, p. 304.

3. Theodorus, a canon, who was accustomed diligently to frequent choir, is absent from choir because of grave infirmity, although he is not on that account lying in bed. The other canons would wish to deprive him of the fruits of the prebend and of distributions.

Question. Do they do this by right?

R. In the negative. To a sick canon, during his infirmity, although he is not present at choir, all the fruits of his canonicate are owed, as also distributions, provided that before the infirmity he was accustomed to serve his church. S. C. C., 5 March 1667. And this is also clear from c. Quum percussio, 1, de Cler. aegr., and it is the common opinion of the doctors. Schmalzgrueber, bk. 3, tit. 41, nn. 86, 87, 88; I. M. 220.

4. Iosephus, a canon, because of grave infirmity had to be absent from choir and from the diocese for two whole years. The Chapter, relying upon custom, during this whole time denied to him both benefice fruits and distributions. Did it do so by right?

R. In the negative. Wherefore both the daily distributions and the benefice fruits, of which the aforesaid canon was deprived, are to be restored in the case. S. C. C., 7 April 1900. The reason is that infirmity is a canonical cause of absence both from choir and from the place of the benefice. Wherefore a canon absent by reason of infirmity is bound neither to renunciation of the benefice nor to putting a substitute. S. C. C., in Piscien., 23 July 1764. And, although a canon in good health may be absent from choir and from the place of the benefice, and therefore lose the daily distributions, nevertheless he does not lose the fruits of the prebend before sentence and by the fact itself. I. M. 220. But the custom in the case, as unjust, is irrational and of no value. M. E., vol. 12, p. 340 ff.

5. Bonifacius, a penitentiary canon, on Saturday and Sunday and on the vigils of solemn feasts and on all feast days is in the confessional awaiting penitents, who are accustomed to confess on these days; but he does not always hear confessions, whence, while the other canons chant the office in choir, he often recites the office privately. On other days, however, Bonifacius is also in the confessional, hearing the long confessions of a few devout women, who come to him daily. The canons, who know the matter plainly, wish entirely to deprive Bonifacius of distributions. For they say that on Saturday, Sunday, and feast days, while the office is chanted in choir, there often are no penitents at that hour; and that those devout women, on other days, could well confess at another hour.

Question. Do they do this by right?

R. From the Council of Trent, sess. 24, c. 8, de R., a penitentiary canon, while he hears confessions in the church, is meanwhile judged present in choir. The same is clear from the Decisions of S. C. C. while he is actually hearing confession. Benedict XIV, Instruction 107, n. 55. Wherefore Bonifacius cannot by right be deprived of distributions on those days on which he actually hears confessions. The question can only be about those days on which he does not hear confessions, but awaits penitents.

Now, if he recites the office privately in the confessional seat, while the other canons chant the office in choir, so that afterwards he may hear confessions more freely and conveniently, this certainly does not suffice for him to be considered present in choir and to gain distributions, as Barbosa teaches, cited by Benedict XIV, loc. cit. But if on certain determined days he sits in the confessional, indeed not actually hearing confessions, but awaiting penitents, with the mandate of the Bishop acceding, then he is judged present in choir and gains distributions, as is gathered from the Decision of S. C. C., 19 January 1646, M. E., vol. 9, pt. 2, p. 242. If finally, during the time of the office, he remains in the confessional, indeed not always actually hearing confessions, but awaiting those about to come who are accustomed to come, it seems altogether truer that he does not lose distributions.

For otherwise the purpose of the Council of Trent would be wholly frustrated. For in many places penitents are not accustomed themselves to call the confessor in the sacristy or in another place, but are accustomed to find him in the church in the confessional seat awaiting them; if they do not find him, they go away without confessing. And St. Alphonsus holds this, bk. 4, n. 131, and D’Annibale, ed. 3, pt. 3, n. 186, also adheres to this opinion as the truer one. Moreover, if in such a case, with the mandate of the Bishop acceding, the penitentiary canon is judged present in choir and gains distributions, the same seems to have place even without the mandate of the Bishop; the mandate certainly does not confer the right of absence, but only declares the case as corresponding to the purpose of the Tridentine law. Wherefore, if without any hallucination the matter is evident that penitents are truly accustomed to come on those days and at those hours, the penitentiary sitting in the confessional and awaiting them surely fulfills the purpose of the Council of Trent. And thus S. C. C., 24 January 1642, judged that “the penitentiary, when he is not impeded in the duty of confession, ought to be present at the divine offices.” But impeded in the duty of confession is both he who actually hears confessions, and he who awaits penitents who are accustomed to come. Otherwise, to avoid every inconvenience in this matter, recourse should be had to the Bishop, who may declare when, the circumstances being considered, the duty of the penitentiary requires that he be present in the confessional seat, ready to await and invite penitents. A. S. S., vol. 29, p. 498 ff.

6. “At the Cathedral Chapter of Città della Pieve, for many years now a usage has prevailed of omitting the recitation of the canonical hours of Sext and None in a choral voice after the conventual Mass, and of reciting them in a low voice during the time of the same Mass, for various reasons: 1. when the Bishop celebrates pontifically or is present at the solemn Mass in the pontifical throne; 2. when the service of choir is prolonged because of a longer Mass, or because of some extraordinary function; 3. in the times of Advent and Lent by reason of the sermon.

Question. 1. Whether a usage of this kind can continue, and insofar as in the negative; — 2. Whether it can continue by permission of the archdeacon, or, when he is absent, by permission of the older canon prefect of choir; and insofar as in the negative; — 3. Whether at least it can continue by permission of the Bishop?

R. In the negative to all; nor is satisfaction made to the obligation of choir through the private recitation just described of Sext and None during the time of the conventual Mass.” S. R. C., 16 March 1833, n. 2699.

7. “In the Cathedral church of Oppido, up to the year 1838, on days prescribed by the rubric, the Little Office of the Blessed Virgin Mary, or of the Dead, or the Gradual Psalms, or the Penitential Psalms was customarily recited; but these have since been omitted. Since, however, an arbitrary omission of this kind has persevered even to these times, it is asked of S. R. C.:

Whether, considering the long space of almost 30 years, it is permitted to persevere in the omission set forth; or whether rather the laudable custom of saying these additions to the divine office must be resumed?

R. The ancient custom must entirely be resumed according to the decrees issued at other times, and especially in Alexandrina, 22 September 1827.” S. R. C., 20 December 1864, n. 3129.

8. Ioannes Baptista, a canon, is assiduously present at choir and chants the canonical hours. But he is never present at the Chapter. For he says: I willingly renounce the right of suffrage. Likewise, in the council of the Bishop, he never expresses his opinion, saying: I know that it will be rejected by the Bishop.

Question. What is to be said in the case?

R. Ioannes Baptista, ordinarily not intervening in the Chapter, is not free from grave fault. Bonacina, de Hor. Can., d. 2, q. 1, p. 2, n. 4. The reason is that the right of being present at the Chapter has annexed to it a grave obligation of administering and governing the goods of the Church, and of expediting other business of the Church. Ordinarily, and accordingly, he is excused 1. in the time of vacations, unless some most grave business to be treated is pressing; 2. if he is sometimes absent for a just cause, without graver detriment to the church; 3. when the business to be treated is altogether light. Bouix, de Canonic., pt. 3, c. 6.

Likewise Ioannes Baptista is not free from fault when, having been asked by the Bishop in council, he keeps silent his own opinion. For since canons are the born counsellors of the Bishop, whenever the Bishop employs them in council, they are consequently bound to state their opinion, although afterwards the Bishop is free to depart from the counsel of the canons. Benedict XIV, de Syn., bk. 13, c. 1, n. 7.

9. Ubaldus, in the concursus for the theological prebend, received the greatest number of votes. Likewise Victorinus, in the concursus for the penitentiary prebend, was declared first among all the approved. But the Bishop, in each concursus, as the more worthy and more suitable, chose two from those approved by the examiners, both of whom had obtained the lowest grade of approval, and conferred the prebends upon them. Hence Ubaldus and Victorinus protest; for they say that from the Constitution of Benedict XIII, he is to be chosen, and the theological and penitentiary prebend conferred upon him, who in the concursus has been declared by the examiners to be approved as more suitable.

Question. What is to be said in the case?

R. Among canons the theologian and the penitentiary are eminent. It belongs to the theologian canon to interpret Sacred Scripture. Trent, sess. 5, c. 1, de R.; Benedict XIV, de Syn., bk. 13, c. 9, n. 17. But the office of the penitentiary canon is to hear confessions. Trent, sess. 24, c. 8, de R.; Benedict XIV, de Syn., bk. 3, c. 4, n. 3. Benedict XIII, Constitution Pastoralis officii, for Italy and the adjacent islands, prescribed the form of the concursus by which prebends of this kind are to be conferred. But it is wholly false what Ubaldus and Victorinus assert, namely that in the aforesaid Constitution it is defined that the one more worthy and more suitable is to be chosen by the examiners. For before those words, reported not altogether exactly by Ubaldus and Victorinus, these words are found, by which every doubt is removed. For it is prescribed that the aforesaid prebends be conferred upon the more suitable one declared in a formal concursus IN EXACTLY THAT WAY IN WHICH PAROCHIAL CHURCHES ARE CONFERRED. But the choice of the more worthy among the approved for parochial churches, upon whom the parochial church is conferred, pertains to the Bishop, and not to the examiners. Trent, sess. 24, c. 18, de R.; Benedict XIV, Constitution Cum illud, 14 December 1742. Therefore, if prebends of this kind are to be conferred in exactly that way in which parochial churches are conferred, the choice of the more worthy among the approved, in a formal concursus, pertains not to the examiners, but to the Bishop, and consequently the prebend is to be conferred upon him.

This is manifestly proved from several Decisions of S. C. C. in A. S. S., vol. 2, p. 74 ff., p. 122 ff. It is confirmed from the reasoning of Cardinal Paulutius, cited by Riganti on Rule 1 of the Chancery, § 10, n. 31: “He who does not have the faculty of announcing the concursus cannot choose the more suitable one, since this choice is an integral part and, as it were, the closure of the whole concursus, which by the Council of Trent is attributed only to those who have the right of completing the concursus, as S. C. C. responded at another time, 1 December 1608.” Therefore, since the examiners do not have this faculty of announcing the concursus, neither will they be able to choose the more suitable one; and accordingly this choice is proper to the Bishop.

115. • Canons, so called because formerly they were subjected to a common rule, constitute the council of the Bishop, and are bound by various obligations as to divine worship, the altar, choir, and, when the See is vacant, administration of the diocese.

Canons are constituted chiefly where there is an episcopal See, or Cathedral Church. Churches which besides the cathedral have a college of Canons are called Collegiate.

Some Canons are regular, who under a Provost live the common life bound by vows, and these are now found fewer; but others are secular, who live separately from benefices or ecclesiastical pensions, and observe the canonical institute as to various duties to be fulfilled in the Church.

But the chief obligations of Canons are reduced 1º to residence; 2º to the Office of choir; 3º to the conventual Mass; 4º to assistance of the Bishop; 5º to certain duties, when the See is vacant.

116. • Canons are bound to residence. For thus the Council of Trent establishes, sess. 24, ch. 12, De Reform.: "It is not lawful for Canons by force of any statute or custom whatsoever to be absent beyond three months ... in any year, with the constitutions of Churches which require a longer time of service nevertheless preserved; otherwise in the first year let each be deprived of half the fruits," etc. 2º Not all Canons can be absent at the same time, but not beyond a third part of the Chapter, because vacations are indeed conceded to Canons, but not to the Chapter; for divine worship, to which they are assigned, must not be vacant. Nor do they need the permission either of the Chapter or of the Bishop for departing within the diocese; but if they wish to go about outside the diocese, the permission of the Bishop is necessary for them. Thus the Sacred Congregation of the Council established. Nor do they need any special reason in order that they may be absent, as the same Congregation of the Council expressly declared on 4 May 1737.

But the time of vacation must not fall on the greater solemnities of Easter, Pentecost, the Nativity of the Lord, etc., nor on their Octaves, nor during the time of Advent or Lent.

117. Questions. - QUESTION 1º. Can the Bishop permit a longer absence?

Resp. If there is a legitimate cause, the Bishop can permit an absence of four months, indeed also a longer one because of an extraordinary cause, namely because of the offices of Christian charity, infirm health, raging persecution, or undoubted utility of the Church or Republic.

QUESTION 2º. Are absent Canons bound to substitute someone for themselves?

Resp. No. Thus the Sacred Congregation of the Council of Trent declared. The reason is that the other Canons present are supposed to suffice for attendance at choir and for performing divine worship. Hence they are of a better condition than Pastors, who can never be absent unless they substitute for themselves another suitable Priest.

118. • All Canons are bound to sing or chant the Divine Office in choir. This is established from the Council of Trent, sess. 24, ch. 12, De Reform. Nor are they for that reason excused because perhaps they are few; for the Congregation of the Council defined on 13 March 1696 that Canons, even if few, suppose two or three, are bound to sing or recite the Office in choir. Hence it does not suffice that Canons only be present in choir or at the Offices; but insofar as they can, they are bound to concur in the singing or recitation, with elevated voice and pious affection of heart. Nor do they satisfy, even when present, with private recitation, as is clear from the Constitution of Benedict XIV, Cum semper, 19 Aug. 1744. Therefore they sin gravely who without probable cause are notably absent from choir beyond the time permitted by the Council of Trent, and venially if for a brief time, for example, three or four days. - Thus commonly with St. Ligorius, Bk. 3, n. 675. Nor can they be absent longer, an Apostolic Indult being excluded, which for example is customarily conceded for preaching.

119. Questions. - QUESTION 1º. Can the Bishop permit that not all the Hours be sung?

Resp. No. For the Sacred Congregation, very recently asked by the Chapter of the Church of Moulins whether the statute of Lord Antoine de Pons, first Bishop of this See (year 1822), by which such permission was conceded to Canons, can be sustained, responded: "The aforesaid ordinance is not to be attended to." Nevertheless the same Congregation conceded permission to the Bishop that things be retained in the old state until certain circumstances are changed (apud D. de Conny, Des usages et des abus en matière de cérémonies, at the end of the work).

QUESTION 2º. Must the Office of the Dead, of the Blessed Virgin Mary, and the Gradual Psalms be recited in choir from obligation?

Resp. No. Because they are not of precept, but of directive rubric, or of counsel. - Thus commonly the Canonists. - Recall what was said above about the Canonical Hours, n. 60.

120. • 1º Canons, according to the common opinion of theologians and canonists, are bound under grave obligation to sing the conventual Mass daily. - St. Ligorius, Bk. 6, n. 314. This is established from the Bull of Benedict XIV, Cum semper, etc., and also from the response of Leo XII, who, having been asked by the Chapter of Le Mans, ordered that response be made in that sense. - Bouvier, on the fourth precept of the Decalogue.

2º But the conventual Mass 1º must be sung daily; 2º it must be applied to the founders and benefactors of the Church in general. Yet this obligation could be reduced by the Sacred Congregation of the Council to feast days, if the canons are so poor that they need the stipends of Masses for living. - Thus expressly as to all these things Benedict XIV in the cited Bull.

121. • 1º The Council of Trent, sess. 24, ch. 12, De Reform., thus established concerning Canons of cathedrals: "Let all be compelled to assist and serve the Bishop celebrating or exercising other Pontificals." The Ceremonial of Bishops, bk. 1, ch. 15, agrees, and declares that all Canons are bound to assemble in canonical habit at the designated place, and to conduct the Bishop proceeding to the Church for the sake of exercising Pontificals, and likewise to accompany him returning. But this must be understood when the Bishop comes to the Church on more solemn feasts or ceremonies, about to celebrate or to be present at the Sacrifice, clothed in the cope, or about to perform Pontificals. But they are not bound to assist the Bishop privately celebrating.

2º Canons moreover compose the council of the Bishop. For the Bishop, unless a contrary and true custom is present, in a particular case ought to ask the counsel of the Canons before he issues mandates; but he does not need their consent in order to establish and urge them, except in cases determined by law ¹. For thus Benedict XIV, On the Synod, bk. 13, ch. 1, nn. 8-9: "Much in this matter must be deferred to the custom of places.... It certainly is not necessary that a Bishop about to promulgate new laws ask for the opinion of the whole Clergy; but it suffices if he requests the counsel of his Chapter, although he is not bound to follow it.... Indeed the Bishop who by legitimately prescribed custom has acquired for himself the right of making and publishing laws without consulting the Chapter will be freed from the very obligation of seeking the counsel of the Chapter."

¹ ** Namely, Canons in that Council do not have the right of a deliberative vote, but merely of a consultative one.

122. • 1º The Chapter, when the See is vacant, succeeds the Bishop in ordinary jurisdiction, but not in that delegated by the Supreme Pontiff. Thus from Canon Law, with all Canonists agreeing.

2º The Chapter is bound within eight days to constitute a Vicar General, or to confirm an existing one; but if it has not done this, the right of constituting him devolves to the Metropolitan, and in his defect to the older Suffragan ². Thus the Council of Trent establishes, sess. 24, ch. 16, De Reform.

² Say the same if the election indeed has a place within the legitimate space of eight days, but has not been made duly and regularly.

3º The whole episcopal jurisdiction passes into the capitular Vicars General regularly elected, nor can the Chapter retain even the least part of it with itself. But Vicars elected by the Chapter can no longer be removed, except from a cause which has been recognized as sufficient by the Sacred Congregation of Bishops and Regulars. Nor can the Chapter place any conditions even on the election of the Vicar. Hence the power of capitular Vicars is indefinite, and endures until the Bishop elected and instituted by the Pope has shown the letters of his institution to the Chapter of his Church, and thus has obtained possession.

Moreover capitular Vicars can do whatever the present government of the diocese requires; but not all the faculties of the Bishop are attributed to them. Thus by Canon Law they are specially prohibited from innovating anything, diminishing episcopal rights, granting indulgences, conceding dimissorial letters before a year has elapsed, conferring irremovable titles, etc.

"1. Whether and how canons hearing confessions during the time of the divine offices ought to be considered present in choir for the effect of gaining distributions in the case? 2. Whether and how the same canons celebrating Mass during the time of the divine offices ought to be held as present in choir for the same effect in the case? 3. Whether and how canons assisting the Archbishop in Pontificals and other functions, or celebrating a private Mass, absent from choir, gain distributions in the case? 4. Whether and how the same canons assisting the Archbishop in treating the affairs of the diocese, or accompanying him in the diocese outside the residence, gain distributions in the case? 5. Whether and how canons absent from choir to examine the accounts of the capitular fund gain distributions in the case? 6. Whether and how canons absent from choir, devoting themselves to the ministry of preaching, gain distributions in the case? 7. Whether and how canons gain distributions while they are absent from choir for the examination of ordinands or confessors in the case? 8. Whether and how canons exercising the office of rector, administrator, professors, and examiners in the seminary, absent from choir, gain distributions in the case? 9. Whether and how canons absent from choir, as Pro-vicar general, Chancellor, and Actuary, and exercising other offices in the archiepiscopal curia, gain distributions in the case? 10. Whether and how canons absent from choir, devoting themselves to the administration of capitular things or of the archiepiscopal mensa, gain distributions in the case? 11. Whether and how the canon Chancellor of the Chapter, occupied in the archive for capitular business, gains distributions in the case? And insofar as negatively, 12. whether the Most Holy Lord is to be consulted for absolution and condonation of distributions received in the case? Resp. To the 1st, in the negative in all things, except the Penitentiary. To the 2nd, in the negative, unless with the license of the prefect of choir and for the convenience of the people. To the 3rd, in the affirmative to the first part, as in the Lycien. case, 27 August 1641; to the second part, in the negative. To the 4th, in the negative in all things. To the 5th, in the affirmative for the time to be predefined by the Bishop. To the 6th, 7th, 8th, and 9th, in the negative in all things. To the 10th, as regards the canon administrator of capitular things, in the affirmative for the days and hours in which he actually applies himself to the administration; in the rest, in the negative. To the 11th, in the negative, unless in a case of urgency. To the 12th, in the affirmative, with one Mass celebrated with chant, the whole Chapter standing by." S. C. C. 20 Dec. 1862; 24 Jan. 1885. Cf. Lucidi, Vol. 3, word 235, 3rd ed.; Acta S. Sed. Vol. 1, p. 285 ff.

"4. Whether and how those conversing in choir during the time of the divine offices lose daily distributions in the case? 5. Whether conversations on account of which distributions are lost can be constituted from several small conversations in the case? Resp. To the 4th, in the affirmative. To the 5th, in the affirmative, if several are made in the same hour." S. C. C. 27 March 1847. Cf. Lucidi, Vol. 1, p. 555.

"Moreover His Holiness admonishes and exhorts the same Ordinaries, that, with the fruit which indeed is very abundant from the aforesaid spiritual exercises being opportunely proposed and explained, they diligently excite all of the clergy subject to them, but especially rectors of souls, confessors, canons, and other beneficed clerics bound to the service of choir, to perform the same exercises at least once in the year in the houses of the Religious of the Society of Jesus, or of the priests of the Congregation of the Mission, if they are present; if not, in another pious or regular house to be designated and approved by the same Ordinaries for this.

But so that individuals may come more eagerly to the same spiritual retreat, His Holiness grants in the Lord to all the aforesaid rectors of souls, confessors, canons, beneficed clerics, and other priests and clerics, who for ten days in each year have performed the same exercises in the aforesaid houses, and have remained there by day and night, and meanwhile, truly penitent and having confessed, have received the Most Holy Sacrament of the Eucharist, as often as they have done this, a plenary indulgence and remission of all their sins.

Moreover, he kindly absolves Parish Priests, while they are devoting themselves to exercises of this kind, only once in the year, during that time, from residence. He commands that the same be observed as regards canons, beneficed clerics, and others bound by personal residence and devoted to the service of choir, whom nevertheless he decrees to gain entire fruits, and any daily distributions whatever of their canonries and benefices respectively, just as if they were personally present at choir and the divine offices, provided nevertheless that they perform the same exercises, with license having first been obtained from the Ordinary, by whom it will by no means be granted during the time of Advent and Lent and on more solemn festivities, nor ever to all canons and others serving choir at the same time, but with that method used, that the service of choir is in no way interrupted; and as regards parish priests, with suitable administrators first substituted, to be approved by the Ordinary himself, who may laudably administer the care of souls. Moreover His Holiness commands that these Letters be published in that diocese and be inscribed in the registers of the chancery for the perpetual observance of the things contained in them, and that for this very end their publication be renewed henceforth every three years." Encyclical Letter of the S. C. EE. and RR., 1 Feb. 1700, to the Bishops of Italy and adjacent Islands. Cf. Lucidi, Vol. 3, p. 381 ff., 3rd ed.; Acta S. Sed. Vol. 12, p. 609 ff.; Gardellini, n. 4189.

"Whether a Parish Priest and other Priests assisting at the Funerals of the dead and the daily Offices for the same, and receiving a stipend for that function, are bound to discharge the Office of the Dead by themselves, so that those only assisting, and not singing or psalmodizing, do not make the fruits their own; or whether it is sufficient that they assist, and the schola discharge the Office, while they meanwhile pour forth other prayers at their own pleasure, for example, reciting the Breviary for their daily obligation. Resp. In the affirmative as regards the first part, in the negative as regards the second." S. R. C. 9 May 1857, Périgueux. Cf. Acta S. Sed. Vol. 1, p. 285 ff.

Because the Supreme Pontiff is superior to every human law, and "the First See is judged by no one" (c. 1556), we can begin the discussion from the obligations of bishops.

— I. All bishops: 1. Before their canonical institution or provision, besides the profession of faith, must emit an oath of fidelity toward the Holy See according to the formula approved by the Apostolic See (c. 332, §2);

2. Those promoted, if not impeded, must receive consecration within three months from received apostolic letters.

II. Diocesan bishops: 1. must canonically take possession of the diocese, the apostolic letters having been shown to the chapter, without which solemnity they can in no way intrude themselves into the governance of the diocese; yet they can retain and exercise the office of capitular vicar, official, or oeconomus which they obtained before their designation (c. 334);

2. must urge the observance of ecclesiastical laws, watching lest abuses creep into ecclesiastical discipline (c. 336);

3. the office of preaching the Catholic faith has been committed chiefly to bishops for their dioceses; wherefore, unless they are legitimately impeded, they must preach the Gospel themselves in person (c. 1327). Yet more easily than pastors they can fulfill that office through others, so that their grave obligation is at least that of providing the people with sufficient instruction. Cf. Lehmkuhl, II, 816;

4. they must reside personally in the diocese, even if they have a coadjutor.

Yet they can be absent on account of the visitation of the sacred thresholds, councils at which they must be present, a civil office legitimately joined to their church, or for another equitable cause; but then not beyond two or three months within the year, taking care lest from their absence the diocese receive detriment. That time cannot be joined with the time conceded to bishops on the occasion of their promotion, visitation of the sacred thresholds, assistance at a council, or with the time of vacations of the following year (c. 338, §2).

Residence in the diocese suffices. Yet in the time of Advent and Lent, on the days of Nativity, Easter, Pentecost, and Corpus Christi, his presence near the cathedral is required, unless a grave and urgent cause prevents it (c. 338, §3).

He who has been illegitimately absent beyond six months must be denounced to the Apostolic See by the Metropolitan, or if the Metropolitan is to be blamed, by the more ancient resident suffragan (c. 338, §4);

5. they must apply Mass for the people on all Sundays and feasts of precept, even suppressed ones (c. 339).

After the declaration of February 17, 1918 (A. A. S., X [1918], p. 170), we know that those feasts are to be estimated from the catalogue of Urban VIII, which is thus restored. Therefore it was promulgated anew by decree of the Sacred Congregation of the Council, December 28, 1919 (A. A. S., XII [1920], p. 42).

On the feast of the Nativity of the Lord, and if some feast of precept falls on a Sunday, only one Mass is to be applied. Even if a feast is transferred, the obligation remains on the day from which it is transferred, unless on the day to which it is transferred, together with the celebration of the office and Mass, the obligations of hearing Mass and abstaining from servile works are to be observed. A bishop who, by some title, governs two or several dioceses satisfies the obligation by one celebration for the whole people committed to him.

Yet if episcopal cities have distinct patrons, the bishop seems bound on the feasts of each to offer sacrifice for the people.

That obligation is personal: the bishop himself in person must celebrate Mass; it is real and to be executed on fixed days, so that if he himself is impeded, he should apply on the fixed days through another rather than defer the celebration, although a different option will easily be excused. Nevertheless the obligation is not ended by the fixed time: wherefore, if he could not celebrate on the fixed day even through another, as soon as possible, either by himself or through another, let him apply on another day; but let him supply neglected Masses as soon as possible.

But must he, with money paid, apply through another if he is prohibited from personal celebration by infirmity or another impediment? We shall say that he must or deny that he must according as the bishop receives from his mensa or by another reason moneys by which the burdens of his administration are compensated, or receives no stipend or quasi-stipend.

"It is fitting from charity, yet without obligation, that titular bishops sometimes apply the sacrifice of the Mass for their diocese" (c. 348, §2);

6. every five years, they must make a report to the Supreme Pontiff concerning the state of the diocese committed to them, according to the formula given by the Apostolic See (c. 340).

The quinquennia are fixed and common, and are computed from January 1, 1911, so that for the bishops of Italy and the adjacent islands the years of report are 1911, 1916, 1921, 1926; for the bishops of Spain, Portugal, France, Belgium, Holland, England, Scotland, and Ireland with the adjacent islands, 1912, 1917, 1922, 1927; for the other bishops of Europe with adjacent islands, 1913, 1918, 1923, 1928; for the bishops of the whole of America and adjacent islands, 1914, 1919, 1924, 1929; for the bishops of Africa, Asia, Australia, and islands adjacent to these parts of the world, 1915, 1920, 1925, 1930.

Yet if the year of the report, in whole or in part, falls in the first biennium from the governance of the diocese begun, the bishop for that turn can abstain from preparing and presenting the report. It will fall in part in the first biennium, for the bishop of Italy who, for example, in the month of July 1924, entered into possession of his see.

The more recent formula was given through the Sacred Consistorial Congregation on November 4, 1918 (A. A. S., X [1918], p. 487 ff.), for bishops who must report to it; and, for bishops of missions, by the Sacred Congregation of Propaganda Fide, April 16, 1922 (A. A. S., XIV [1922], p. 287, or Periodica, XI, p. 46);

7. in the year in which they must present the report, they must also, by themselves or through a Coadjutor, or, for just causes approved by the Holy See, through a priest who resides in their diocese, visit the sacred thresholds. Yet to bishops who are outside Europe it is permitted that they seek the City only every ten years (cc. 341, 342).

That visitation comprises, besides the report just mentioned, the pious visitation of the Basilicas of St. Peter and St. Paul, and the visitation of the Supreme Pontiff;

8. they must visit at least part of their diocese every year, so that certainly every five years the whole diocese has been visited (cc. 343-346).

A visitation which they themselves in person are prohibited by a legitimate impediment from making must be made through the Vicar General or another delegate. Exemption from jurisdiction does not bring exemption from visitation unless this is prohibited, as for exempt clerical religions, from c. 344, §2 itself; a paternal form is prescribed; useless delays and superfluous expenses are to be avoided; concerning food to be furnished to the bishop and two clerics whom the bishop can take to himself, or procurations and expenses of the journey, the legitimate custom of places is said to be observed. From precepts and decrees which regard the object and end of the visitation, recourse is given only in devolutive effect. Moreover persons, things, and pious places are visited; but the end is preservation of faith and morals, correction of depraved morals, promotion of innocence, peace, and discipline in clergy and people, and the utility of religion to be procured. If the bishop has been gravely negligent in this matter, let the Metropolitan make the Roman Pontiff more certain, and, with the Holy See approving, let him himself visit the diocese of the suffragan.

— Residential archbishops: 1. within three months from consecration or, if consecrated, from canonical provision, must petition from the Roman Pontiff, in consistory, by themselves or through a procurator, the pallium, or insignia of archiepiscopal power, which is strictly personal and given for one see, so that those promoted to another church must petition another pallium. Before the imposition of the pallium, they would illicitly, of themselves, place acts of archiepiscopal jurisdiction and acts of episcopal order which, like sacred ordinations, require the use of the pallium. Use outside the province is strictly prohibited;

2. if they are Metropolitans, they must be solicitous concerning morals and discipline in their province and opportunely admonish the Holy See concerning abuses.

— I. An Abbot or Prelate nullius is held by the same obligations by which a bishop is held.

— II. A Capitular Vicar must, before the office begun, profess the faith; he is held by the law of residence and of applying Mass for the people just as a bishop is. In exercising the office, he must beware lest he innovate anything. He must render accounts to the bishop or abbot or prelate nullius who has taken possession of the see.

— III. An Apostolic Administrator, constituted permanently, has the obligations of a residential bishop. Given for a time, he has the same offices which a Capitular Vicar has; yet the obligation of saying Mass for the people then holds the bishop alone. Even while the see is full, he can visit the diocese.

— IV. Apostolic Vicars and Prefects have the obligations of residential bishops. Yet the convocation of a synod is not prescribed in a prefecture; in a vicariate, its frequency is not defined. Nor must a Prefect visit the sacred thresholds. An impeded Vicar can visit the sacred thresholds through a procurator, even from the City. They must celebrate Mass for the people, but only on feast days of precept, with the Circumcision excluded, and on the Sundays of Easter and Pentecost (c. 306). Unless they have a coadjutor with future succession, they must designate a pro-vicar or pro-prefect, who, when they are lacking, assumes the whole governance as delegate. He must admonish the Holy See concerning the care assumed. Cf. cc. 293-311 and Per., IX, pp. 19 ff.

— 1. Titular canons and Beneficiaries bound to choir must reside in such a way that on the days on which they are held, they are truly present at choir. For provided they furnish the services owed, of themselves they preserve the option of the place of habitation. With a stricter law saved, they cannot be absent beyond three months, continuous or interpolated, in individual years. Nor, without special permission of the bishop, can they take holiday in the time of Lent and Advent, or on the principal solemnities of the year; nor are more than a third part permitted to be absent at the same time (c. 418).

Those illegitimately absent do not make the fruits their own pro rata; they must hand them over to the Ordinary, to be distributed to a church, pious place, or the poor (c. 2381).

2. Those who obtain a choral benefice must pay the divine offices in the choir itself on individual days, unless service by turn has been granted by the Apostolic See or by the laws of the foundation (c. 414). The divine office comprises the psalmody of the canonical hours and the celebration with chant of the conventual Mass to be applied for benefactors in general, besides other Masses appointed by special law. Yet it is permitted to celebrate Mass without chant when the bishop or another in his place celebrates with pontifical rite (c. 413).

It is not enough that canons be present in choir or recite the office in a low voice; rather it is necessary that they fulfill their parts in the psalmody. Otherwise, like the absent, they lose the daily distributions to be made among those present; and also, unless they count the time of absence or omitted psalmody among the months of vacation, pro parte, the fruits of their benefice or prebend. Lehmkuhl (II, 825) observes that the threefold obligation of residing, reciting the divine office, and chanting in choir is sanctioned by privation of fruits, so that one who is lacking to only one obligation must restore only part of the fruits. Nevertheless, against that common opinion, the Sacred Congregation of the Council, in the cause Toletana and of others, July 10, 1920, to doubt 3: "Whether, after canon 2381 is in force, a Beneficiary or Canon illegitimately absent can retain the fruits corresponding to the private recitation of the divine office," responded: "To III. Negative." Canon 2381 sounds thus: "He who obtains an office, benefice, or dignity with the burden of residence, if he is illegitimately absent: 1. by that fact is deprived of all fruits of his benefice or office, in proportion to the illegitimate absence, and must hand them over to the Ordinary, who is to distribute them to a church or some pious place or the poor."

Those legitimately excused from choir do not therefore gain the daily distributions. Yet to certain ones the daily distributions also are conceded; indeed to some even the distributions which are said to be among those present, unless the express will of the founders prevents it.

Various causes of excuse are numbered in canons 420 and 421. Jubilated capitulars gain the distributions among those present, that is, those who have obtained an indult of jubilation from the Holy See; those who are occupied with pious exercises, but only once in the year do they enjoy this privilege; those who assist the bishop solemnly performing sacred things; those who devote work to preparing processes of beatification or canonization, or are called as witnesses in those causes.

3. Invited by the bishop, they must assist him exercising pontificals in churches of the city or suburb, and accompany the same coming to the cathedral church and returning (c. 412).

— 1. The care of souls is to be exercised toward all their parishioners who are not legitimately exempt. But it remains entire for the bishop that, for a just and grave cause, he withdraw religious families and pious houses not exempt from the care of the pastor (c. 464).

Hence "the pastor must celebrate the divine offices, administer the sacraments to the faithful as often as they legitimately petition, know his sheep and prudently correct those wandering, embrace the poor and wretched with paternal charity, apply the greatest care in the Catholic instruction of children" (c. 467, §1). "Let the pastor diligently watch lest anything against faith and morals be handed down in his parish, especially in public and private schools, and let him foster or institute works of charity, faith, and piety" (c. 469). He must take care "that the faithful, especially midwives, physicians, and surgeons, thoroughly learn the right mode of baptizing for a case of necessity" (c. 743); that the faithful approach the sacrament of confirmation at an opportune time (c. 787); that children, having attained the use of reason and being sufficiently disposed, be refreshed by the Eucharist as soon as possible, at the same time watching lest they approach before the use of reason or without sufficient disposition (c. 851, §5); that the sick do not lack the faculty of communicating according to their devotion (cf. c. 848); that frequent, indeed daily, communion be promoted among the faithful (cf. c. 863); that the faithful committed to him find in their pastor, who by a grave obligation of justice must administer the sacrament of penance by himself or through others, cf. c. 892, and in other priests, prudent confessors solicitous for their salvation and perfection; that the sick, while they are fully in possession of themselves, receive the sacrament of Extreme Unction (c. 944). He must diligently inquire concerning the morals and qualities of those to be ordained (c. 1000), and by both public and private exhortation and direction studiously detect and foster seeds of priestly, religious, and apostolic vocation. Cf. apostolic epistle, November 30, 1919, of our Most Holy Lord Benedict XV. He must frighten away his sheep from marriages with non-Catholics or impious persons, prudently dissuade marriages which give slight hope of a happy outcome; but instruct those about to marry thoroughly concerning their mission and their duties; and with "diligent and poured-out charity" help "the sick... in his parish, but especially those near death," "solicitously refreshing them with the sacraments and commending their souls to God" (c. 468, §1).

Concerning the instruction of the people, let the points be weighed which Pius X prescribed in the encyclical letter Acerbo nimis, April 15, 1905 (A. A. S., VII, 623): these must be at least commended to all and are to be observed virtually. But the continuous omission of preaching notably beyond a month, for example for two months, or discontinuous omission protracted notably beyond three months in a year, is charged as grave sin. Cf. Lehmkuhl, II, 280.

But today the greatest importance lies in diligent inspection of schools. For those about to marry, who today, more than formerly, must be taught their duties, it will be very useful to have ready a little book to be handed to them, which contains the principal heads of Christian doctrine and discipline, and solidly, piously, and distinctly explains the rights and duties of spouses.

The visitation of the sick, made in due time and assiduously, furnishes pastors occasion of knowing families and of reconciling many to themselves, even the healthy. But insofar as can be done, let him assist the dying person, even one fortified with the sacraments, at the departure of life. "If there is question of a man accustomed to sins, no one does not see that there is, even if grave inconvenience must be undergone, a grave obligation of repelling from him in every way a not slight danger of eternal destruction" (Lehmkuhl, II, 821). Let him not omit to instruct those who care for the sick concerning the method of assisting the dying person, of suggesting frequent acts of charity and contrition. By which solicitude he will at the same time demonstrate that he is not moved by the base instigation of money or self-love, so that those baptized Catholic not fall away from the right of Christian burial.

2. The pastor must reside near his church, and of itself in the parochial house, if any is had. With the utility of the parishioners saved, the Ordinary of the place can permit another dwelling (c. 465, §1).

That house generally will be within the bounds of the parish. Yet it can happen that the pastor resides near the church and nevertheless outside his own parish. But let him remember that he then, in his own house, is staying outside his own territory, where he has less power, for example of dispensing.

An annual absence of two months is of itself conceded to the pastor; his Ordinary can extend or restrict this on account of a grave cause (c. 465, §2).

Nor are the days on which, once in the year, he is occupied with pious exercises to be computed in the two months (c. 465, §3).

But as often as he is absent, the pastor must provide for the spiritual safety of the faithful. And if he will be absent beyond a week, he needs the written permission of the Ordinary of the place, and, unless cooperating vicars already exist for him, he must leave in his place a vicar to be approved by the same Ordinary. For a religious pastor the consent of the Superior is also necessary; and his substitute is to be approved by the Ordinary and by the Superior. If a sudden and grave cause calls a pastor away beyond a week, let him himself provide for the matter, admonish the Ordinary, and stand by his mandates (c. 465, §§4-6).

But in time of plague, the pastor is prohibited from being absent; yet he can arrange the matter with a cooperator in such a way that one cares for the healthy, the other for the sick. Cf. Benedict XIV, De synodo, l. 13, c. 19, nn. 2-6.

The one illegitimately absent, by that very fact, does not make his own, in proportion to the illegitimate absence, the fruits which correspond to the exercise of parochial functions. All these he must hand over, as a penalty, to the Ordinary, who is to destine them to a pious end. Cf. A. A. S., XII, pp. 361, 364. Besides, one must proceed against the guilty person by the mode which is explained in cc. 2168-2175.

3. On the same days as the bishop, and by the same reason, the pastor must apply Mass for the people. Cf. n. 87, 6. And, contrary to what had been previously established, one who governs several parishes fulfills his obligation by one application of Mass. Yet if they have distinct patrons of the place, he will have to celebrate once for the people on the feasts of each. This Mass is of itself to be celebrated in the parochial church. To one legitimately absent, the option is permitted of celebrating in another place, or of committing the celebration to the priest who bears his place in the parish.

Finally, for a just cause, the Ordinary of the place can make for the pastor even a habitual faculty of applying Mass on another day than the law requires (c. 466).

4. The pastor must accurately prepare, write, and preserve the parochial books and the book concerning the state of souls. Therefore let him have an archive in which, with other documents, they may be kept and be able to be visited at the opportune time (c. 470). And the prescribed annotations of law are to be made diligently (c. 470, §2). General negligence, for example of noting marriages and sacred ordinations in the book of the baptized, can easily, on account of harms to be feared, affect one with the guilt of grave sin.

— I. Parochial Vicars, since they bear the actual care of a parish, have the same obligations as pastors properly so called, even that of saying Mass for the people.

— II. Quasi-pastors must apply Mass for the people only on those same days on which Apostolic Vicars or Prefects must.

Invested with a function similar to that of pastors, they are held by similar offices.

— From accepted legitimate election, the Supreme Pontiff obtains the fullest jurisdiction and the fullest use of the power of order, if he is a bishop, or from when he is consecrated bishop.

His power is at once supreme and immediate over all and individual churches and baptized persons. Outside constituted dioceses and parishes, the whole care of missions among non-Catholics is reserved solely to the Apostolic See.

To the Apostolic See are reserved causes of greater moment, which thence are called major causes. For the rest, cf. Treatise I and the canonists.

On Bishops and Ordinaries of Places.

1. From divine institution itself, particular churches are to be governed, under the authority of the Roman Pontiff, with ordinary power by bishops, who are successors of the Apostles.

Yet there are titular bishops, who govern no church, although they too have the fullness of the priesthood.

1. Things Common to All Bishops. Called to a Council, they enjoy, with an express exception for titulars saved, a deliberative voice; they are ordinary ministers of sacred ordination; they validly perform consecrations, and several blessings are reserved to them; in chapter, whether they were dignitaries or merely canons, they precede canons and dignitaries of the presbyteral order; and from received authentic notice of canonical provision, they participate in several privileges of Cardinals: for example, of choosing for themselves and their household a confessor; of blessing, with indulgences, rosaries, medals, etc., and of imposing scapulars; of blessing images of the crucified for the way of the cross and erecting the way of the cross; the privilege of a portable altar, and of celebrating everywhere Mass of their own calendar.

All, before canonical institution or provision, besides the profession of faith, must swear fidelity to the Holy See; and those promoted, if not impeded, must receive consecration within three months from received apostolic letters.

2. Things Proper to Diocesans. In their diocese they are ordinary and immediate pastors with legislative, judicial, and coercive power to be exercised according to the norm of the canons. They concede indulgences of fifty days. They have the power of dispensing explained in Treatise I. In all churches of their diocese they can exercise pontificals and erect a throne with baldachin.

But they must: a. take possession of the diocese, the apostolic letters having been shown to the chapter; b. provide for ecclesiastical discipline; c. preach, and, under grave obligation, at least provide for the people concerning suitable instruction; d. reside in the diocese; e. by an obligation which is at once personal, real, and to be executed on fixed days for urging the obligation, apply Mass for the people on all Sundays and feasts of precept even suppressed ones; f. make a quinquennial report to the Supreme Pontiff concerning the state of the diocese; g. and in the same year visit the sacred thresholds. To bishops outside Europe it is permitted that they seek the City only every ten years; h. by themselves or, if impeded, through another, visit part of the diocese every year, so that at least every five years the whole has been visited.

II. Quasi-bishops are: 1. an Abbot or Prelate nullius, of a diocese, who, if he has at least three parishes under him, is to be equated with a bishop, with sacred ordinations and the blessing of sacred oils excepted, if he lacks episcopal character.

2. An Apostolic Administrator, who, on account of grave and special causes, is placed over a diocese not his own, in perpetuity, as it were a residential bishop, or for a time, as it were a Capitular Vicar.

3. An Apostolic Vicar and Prefect, who, for the Supreme Pontiff, govern territories not yet erected into dioceses. As to ordinary power, they are assimilated to bishops, or, if they lack episcopal character, to Prelates nullius, with the consecration of a church and an immovable altar excepted. Besides, they are furnished with ample faculties. They have the obligations of bishops, yet with the obligation of visiting the sacred thresholds and celebrating for the people moderated. Unless they have received a coadjutor with future succession, they must name a pro-vicar or pro-prefect, who, when they are lacking, assume the whole governance.

III. A Vicar General, endowed with vicarious power, by the nomination itself has every power which by ordinary law belongs to the bishop, except those things which the bishop has reserved to himself, or which, from law, require a special mandate; and, with express exception saved, he can execute rescripts sent to the bishop, and he participates in the habitual faculties of the bishop.

He is freely constituted and removed by the bishop. Several can be constituted according to the necessity of the diocese.

IV. When the see is vacant, all ordinary power of the bishop or quasi-bishop passes to the cathedral chapter, which must transfer all the same, within eight days, to a Capitular Vicar. The principle must then be observed: "When the see is vacant, let nothing be innovated."

When the Apostolic Vicar or Prefect is lacking, the governance is assumed by a coadjutor with future succession, if one is present, or by a pro-vicar or pro-prefect, or by the senior in the mission.

V. The Metropolitan presides over an ecclesiastical province which is constituted of various joined dioceses. The other dioceses are suffragan; yet certain ones are immediately subject to the Holy See.

In his own diocese the Metropolitan has the rights and offices of a bishop. He is judge of appeal from the sentences of suffragans; but he himself, once for all, must choose, with the Holy See approving, the suffragan Ordinary to whom appeal is made from the sentences of his tribunal. He himself presides over the provincial Council. The insignia of archiepiscopal power is the pallium.

VI. In the Western Church, Patriarchs and Primates are distinguished only by precedence and honor.

On Canons and Diocesan Consultors.

1. Canons are selected clerics who, in a definite church, cathedral or collegiate, form a college deputed to celebrating sacred offices. They are titular, who have a voice in chapter, and honorary. Among titulars there are dignitaries, who precede, and officials, who have a certain function to fulfill, chiefly: theologians, penitentiaries, and, when habitual care of souls is in the hands of the chapter, curates.

Canonries are conferred by the bishop, the chapter having been heard, with dignities excepted: these are reserved to the Holy See.

Titular canons and beneficed persons must reside in the place of the church, so that they fulfill their offices. Those absent from choir, with certain ones excepted who are judged present, do not perceive the daily distributions; those absent beyond three months, continuous or interpolated, do not make the fruits of the prebend their own pro rata.

2. Chapters are distinguished as cathedral and collegiate, regular and secular, exempt and not exempt.

All have capitular meetings and statutes to be observed. The cathedral chapter is, while the see is full, the senate which the bishop must consult in affairs of greater moment; indeed whose consent is necessary to him for certain alienations. When the see is vacant, it governs the diocese until it has named a Capitular Vicar. When the see is impeded, the administration first belongs to the Vicar General or to the one delegated by the bishop.

II. In dioceses which lack a cathedral chapter, the bishop must constitute a group of consultors which, as the senate of the bishop, supplies the place of the chapter.

On Pastors, Quasi-Pastors, and Vicars.

I. "A pastor is a priest or moral person to whom a parish has been conferred in title, with the care of souls to be exercised under the authority of the Ordinary of the place" (c. 451). If he is a moral person, such as a monastery or chapter, he must hand over actual care to a vicar.

Besides diligent care of souls, the pastor must reside near his church, so that he always provides for the safety of the faithful, and is not permitted to be absent, of himself, beyond two months in individual years. One illegitimately absent must hand over the fruits, as penalty, to the Ordinary. In the same way as the bishop, by the same reason, the pastor must apply Mass for the people and prepare and preserve parochial books.

As to rights, certain functions are reserved to him. Besides those which, since they regard the sacraments, will be handed down below, these are: just funeral rites of parishioners, blessing of houses on Holy Saturday or on the customary day, blessing of the baptismal font, solemn blessing, and public procession outside the church. He can perceive the prestations which legitimate custom or taxation attributes to him. Demanding more, he is held to restitution.

The pastor, to whom diligent care of the sick is commended, indeed every priest assisting the sick, can concede to them the apostolic blessing in the article of death (c. 468).

II. Quasi-pastors govern quasi-parishes, or distinct territorial parts of an apostolic vicariate or prefecture. Like Apostolic Vicars or Prefects, they must apply Mass for the people. Parochial vicars bearing actual care for a moral person have Mass for the people to be applied on the same days as pastors.

III. Cooperating vicars are not quasi-pastors; but furnished with a general delegation of various breadth, they help the pastor.

N.B. - There are separate churches which are committed to a rector whom the Ordinary of the place names or at least approves, and, for a just cause, removes.

IV. A vicar forane, or dean or archpriest, with a function chiefly of vigilance and inspection, is placed by the Ordinary of the place over a district consisting of several parishes.

I. By the name of choir is understood not only the material place in which the divine praises are sung, but also, nay chiefly, the assembly of Religious who sing such Hours. These are indeed bound by precept to sing the Canonical Hours in choir — a precept denied by no Theologian, and which binds all cathedral, collegiate, and Regular Churches.

II. Question I. Are all cathedral, collegiate, parochial, and regular Churches bound under grave fault to recite the Canonical Hours in choir? Answer. The rigor of the law being regarded, all are bound. But custom being considered, which has tempered the precept, some are subject to this burden only on Sundays or feast days; others are altogether exempt, as the Theologians commonly teach, and usage makes plain.

III. The Orders of Regulars who frequent choir are bound under grave fault to recite the Canonical Hours in choir. This obligation is founded on the common Law, from which there has never been derogation. This precept regards the whole Community, whose head is the Prelate, who by force of his office is bound under grave fault to see to it that the divine praises be celebrated in choir. He can dispense his subjects, as shall seem expedient for the common good.

IV. Question II. How many Religious are required that the precept of reciting the Canonical Hours in choir be fulfilled? Answer. Tamburini, with others, says it is probable that a Community is excused from choir if it consists of only four or five. This opinion is false and lax. That four Religious, not to say five, suffice for fulfilling the precept of choir, the common opinion teaches. Some teach that three suffice, so that they be bound to choir for some not-lengthy time. For it is too burdensome that three or four alone should sustain the yoke of choir for a long time. Wherefore, in this case, the Religious ought to urge the Prelate to increase the number.

V. Question III. Can Novices alone fulfill the precept of choir? Answer. The Salmanticenses, Pellizzari, Tamburini, and others affirm it: because, they say, in favorable matters Novices, though not yet professed, enjoy the privileges of the professed. This opinion does not seem true to me. For this precept affects the Community of Religious. Novices, before profession, are not part of the Community, nor are they bound by precept to recite the office. If, therefore, professed Religious are present in the Monastery, at least some of them ought to be present in choir.

VI. Question IV. At what time must the Canonical Hours be recited in choir? Answer. In the Clementine constitutions On the celebration of Mass it is commanded that the Canonical Hours be paid devoutly in the Churches at their due hours. The fitting times at which, the ancient law being regarded, the Canonical Hours must be celebrated, are these. Matins about midnight, as is gathered from chapter 1, On the celebration of Mass — a time always designated by the ancient Fathers Athanasius, Basil, and others, and indicated by David: At midnight I arose to give praise to thee. This custom has varied with the passage of time. Let each Church keep its own approved custom.

VII. In the four Mendicant Orders of Regulars a very ancient custom has prevailed of reciting Matins about midnight. This time not only suits the state of Regulars, which is one of penitence and perfection, but also brings the advantage of applying oneself to the study of letters, since more time remains free for it. This point of time moderates all the other hours of regular discipline. Religious who must rise for Matins are compelled to go to sleep at the due hour, and thus superfluous conversations are prevented.

VIII. Question V. Is it a grave obligation to recite the divine praises at fixed and definite hours? Answer. Cajetan, Bonacina, Laymann, Diana, Caramuel, and others deny it, because the circumstance of time is extraneous to the divine office. The opposite opinion, which Navarrus, Suárez, Soto, Tamburini, Castropalao, and others defend, is more probable. This time is not indivisible, but admits latitude. The Prelate can, for a legitimate cause, anticipate or postpone the recitation of these Hours. Parvity of matter is also given both with respect to time and with respect to one or another Hour. These things being established, a Prelate who, without legitimate cause, and from mere caprice or negligence, notably anticipated or deferred the recitation of the divine office, would sin gravely. For not only do the sacred canons command that the divine office be recited in choir, but also at fixed hours and times. Doubtless the circumstance of time is extraneous to the recitation of the office, but this circumstance has been prescribed by the sacred canons.

IX. A disturbance of the order of reciting the Canonical Hours, if it happen for an urgent cause, is free of fault; if it happen without cause and from caprice, it is nevertheless, in choir, a grave fault, as the Theologians cited defend.

X. The place for reciting the Canonical Hours is the Church, or the choir, which is a part of the Church. The Salmanticenses defend that those who celebrate the divine office in the Sacristy or the Chapter room sin gravely. But if the Sacristy be adjacent to the Church, and custom prevails, as in very deed it does prevail in some places, as it seems to me, no fault occurs. Those who come to choir after the office has begun are bound to supply the part of the office recited before their arrival. If those who serve in choir should omit a notable part of the office — for instance one or another psalm — they would have to supply it. The choir must recite in a subdued voice the verses that are played on the organ.

XI. Question VI. Is it a grave sin to omit in choir the office of the dead, and the little office of the Blessed Virgin? Answer. St. Pius V declared that those who recite the Roman Breviary do not sin mortally if they omit the aforesaid offices in choir, as is plain from the Bull prefixed at the beginning of the Breviary. But those who follow a rite other than the Roman Breviary the Pontiff does not exempt from the obligation by which they are bound either by force of their constitutions or by force of custom. The precept of reciting the aforesaid offices affects the Community and the choir, but not private persons, unless there be a peculiar law commanding this — as there is in the Order of Preachers, in which the general Chapter celebrated at Bologna under Master Cloche declared that individuals outside choir are bound to recite this office of the Blessed Virgin. On the second day of November all are bound under grave fault to recite the office of the dead. This office, however, cannot be recited on the feast of All Saints after Vespers in choir, unless the Bishop be present, or custom favor it on account of the concourse of the people; but Matins with Lauds must be recited on the 2nd of November, as the Rubrics and the Decrees of the Sacred Congregation declare. But the private recitation of the office of the dead, for their general commemoration, can licitly be discharged after the evening hours of the feast of All Saints, as the Sacred Congregation of Rites answered on September 4, 1745, in the case of Ratisbon. Those who follow the Roman rite are bound to recite the Litanies on the feast of St. Mark and on the three Rogation days, as the more common and more probable opinion holds.

XII. When the divine office is recited in choir, one part of the choir ought to listen attentively to the other, because each one is bound to recite the whole office; but he who neither pronounces nor hears half the office in no way recites it. If one part of the choir should recite the office so confusedly and in so subdued a voice that it could not be heard by the other, then the precept would not be fulfilled. For then there would be no communication between these two parts. Each part is bound to recite its verses so clearly and distinctly that it can be heard by the other part of the choir. But it does not matter if one or another individual pronounces in so subdued a voice that he cannot be heard by the other part, provided he pronounces clearly and distinctly.

it be pronounced. For it suffices that the whole part be heard by the other part, even though individuals do not hear individuals.

XIII. Question VII. What rite must those who recite the Breviary keep? Answer. All ecclesiastics, both secular and regular, must pay the divine praises according to the form of the Roman Breviary published by order of Pius V — those alone excepted who enjoy a peculiar privilege. The Churches of Milan and of Laodicea, and others, have a peculiar rite, as do also the Benedictine and Dominican Orders. Those who should change this rite would sin gravely, necessity being absent. For he who lacked the Roman Breviary, and had in his hands the Dominican Breviary, or the contrary, would have to use it. Now the precept of reciting the office prevails over the precept of reciting according to this or that rite. And although there were but one precept, the principal part must be kept, such as the recitation of the divine praises — whatever the Salmanticenses, with certain others, say to the contrary. I likewise reckon false the other opinion of the Salmanticenses, who teach that private Religious of some Order — for instance Dominican or Benedictine — who have their own Breviary, can use the Roman Breviary. Orders can indeed renounce their own privilege; but so long as the privilege stands, and the rite is commonly kept, all and each must keep such a rite, even while dwelling at Rome. Otherwise great confusion and deformity would follow. Wherefore neither can the Benedictines use the Breviary of the Dominicans, nor conversely. A Religious made a Bishop must use the Breviary of his own Church, of which he is the head, the rite of his own Order being left aside. A Bishop of several Churches, which use different Breviaries, ought to keep the rite of that Church in which he resides. Read St. Thomas, Quodlibet I, article 13, where he distinguishes several points. No one can recite the Breviary before the appointed time with a companion having the privilege of so reciting it, nor more briefly than usual, because the privilege of one does not extend to another — whatever Leander says to the contrary, with others. A Cleric attached to a Church, and initiated with a patrimony into sacred orders, cannot choose a Breviary, but is bound to use the Roman by the precept of St. Pius V. Nor can a Bishop dispense Clerics to embrace a rite other than their own. Those would also sin who altered the rite of the Roman Breviary, and those who, in the Latin Church, should pay the office in Greek, or Hebrew, or the Vernacular tongue, because they would violate the rite prescribed by St. Pius V.

I. Question I. Does a Canon, or Prebendary, sin deadly who, legitimate cause being absent, is absent from choir? Answer. The Theologians commonly affirm it, and gather this from the Council of Trent, session 24, chapter 12. For these are bound to choir by a stricter tie than Regulars. Wherefore Tamburini does not excuse Canons from choir even if there were only two, as he excuses Regulars. Canons are also guilty of sin who are absent from choir with the intention of forgoing the distributions owed for the time during which they are absent, because prebendaries are bound to frequent choir not only for the distributions, as though hired for a wage, but chiefly on account of the primary institution of the benefice. And this opinion the graver Theologians defend — Suárez, Vasquez, the Salmanticenses, and Leander. But whether a Canon sins mortally who, beyond the time of his vacation, is absent from choir once or twice, or for a single day, without just cause, I do not dare to define: because questions of mortal sin are not to be decided without evident reason.

II. Question II. Are Canons bound to chant the psalms and sing in choir, in such a way that they do not satisfy by mere presence, or by reciting privately in a subdued voice? Answer. Canons are not bound to sing the chant called figured, but are bound to chant the psalms and sing according to the customary rite of their own Church.

III. The Salmanticenses teach that, by a custom introduced especially in Spain, Canons or Beneficiaries are not bound of themselves to sing or chant in choir; but it suffices for fulfilling their duty and earning the distributions...

to attend, the burden of singing being left to the Ministers and Chaplains. They also allege Suárez, but falsely.

IV. This opinion is false to me, and disapproved not only by the graver Theologians, but also by several Councils. St. Charles Borromeo, part 2, title 38; the Council of Bordeaux in the year 1582; the Council of Tours in the same year; the fourth Council of Milan, part 2, chapter 13; the Council of Basel, session 21; the provincial Council of Florence in the year 1573 — all command that Canons and Prebendaries chant the psalms in choir according to the rite prescribed by the Church. Canons, then, do not satisfy by mere presence, but by vocal psalmody and chant. "They sing," you will say, "through the Mansionaries and Chaplains." But the burden of frequenting choir and of paying the divine office touches and affects Canons first. Just as their residence and presence cannot be supplied by others, so neither can the debt of reciting the office in choir together, in a clear and raised voice.

V. Our opinion is confirmed by the supreme Pontiff Benedict XIV, who in his constitution Cum semper, which stands in the Bullarium, Tome 1, number 103, page 366, prescribes these things, § 24: "Indeed I know that in some metropolitan and cathedral Churches this opinion has prevailed among the Canons, that they contend they sufficiently fulfill their duty while they are present in choir — even if they impose silence upon themselves, and do not join in the chant with the Beneficiaries or Mansionaries who are chanting the psalms. In confirmation of this opinion, inveterate customs, peculiar statutes, or even alleged privileges of their Churches are commonly adduced by these same men. But since the Tridentine Synod, session 24, chapter 12, speaking of the Dignitaries and Canons who must be present in choir, says that one of their offices is, in the choir instituted for chanting the psalms, to praise the name of God reverently, distinctly, and devoutly with hymns and canticles; and since there are altogether few Chapters in which the Canons attend choir in that manner, and therefore it is recognized that those few dissent from the discipline received in the universal Church; and since, moreover, that opinion, having never been proposed for interpretation to the Congregation of the Council of Trent, has been examined only to be at once exploded and disapproved — although it was upheld by presumed customs and other foundations and reasons, with the Canons even of the patriarchal Churches of this our city pressing the point; and since, finally, the same judgment is found to have been pronounced by several provincial Councils, approved and confirmed even by this apostolic See — nothing now seems to remain but that the fewer conform themselves to the law of all. Indeed it is by no means clear to us by what peculiar title supported the Canons of this or that Church have persuaded themselves that they satisfy their office by simple presence in choir without singing the divine psalmody. But unless there stands ready for them an apostolic privilege or indult — not presumed or abrogated, but legitimate and in force — it is rightly and deservedly to be feared that these men, while so conducting themselves, do not at all make their own the fruits of the prebends and distributions, and consequently that they are bound to their restitution. Wherefore it will be yours, venerable Brothers, to lay all these things open to them, that it be a fraud neither upon us nor upon you before the divine Judge, if in a matter of such great moment — since it regards proximately the very worship of God — we are found to have fostered and confirmed by our dissimulation and silence the abuses and corruptions which we ought to have uprooted by arguing and rebuking, etc." Given at Rome, at St. Mary Major, on the 19th day of August, 1744, the fifth year of our Pontificate.

VI. Of a cast-away and desperate conscience would those Canons be who, blind in so great a light, and stopping their ears to such luminous documents, should persist in a depraved corruption. The supreme Pontiff explodes the mask of the opposite custom by the authority alleged of the Council of Trent. He adds that the sacred Congregation of the Council, erected at Rome, has disapproved this putrid custom as often as it was proposed to it. Whither now will Canons and Prebendaries betake themselves?

VII. The Pontiff, they say, does not define the matter. For he concludes: It is rightly and deservedly to be feared that these men, while so conducting themselves, do not at all make their own the fruits of the prebends and distributions. "To be feared," says the Pontiff, not "to be defined." Must what the Pontiff declares has been so often defined by several Councils be defined anew? Does the Pontiff not declare that the Congregation of the Council, and several Provincial Councils confirmed by the holy See, have disapproved the lax opinion and the depraved corruption? Do the Vatican thunderbolts alone bend down the necks of the obstinate? Unless these darts seek the throat, certain men by no means acquiesce in reasons, however most luminous — men who cavil at words, and do not seriously and with a docile mind meditate the spirit of the apostolic constitutions.

VIII. Let them hear again, then, Benedict XIV, who in another of his diplomas, given to the Patriarch Daniele Delfino of Aquileia, whose beginning is Dilecte Fili... Preclara decora, confirms what he said in the aforesaid constitution, and closes every crevice for escape. "Furthermore, we do not wish it to be numbered among so many and so great privileges granted to that same Chapter and Canons, that which — as is known equally to you as to us — introduced by ancient tradition against the sanctions of the sacred canons, and especially against our constitution whose beginning is Cum super oblatas, is not only contended for but even observed by the Canons themselves: namely, that of being present in choir only, and assisting with the other Mansionaries, Chaplains, Acolytes, and Clerics who chant and sing the psalms, but never of chanting or singing the psalms with them — although we have learned that some of these, holding a different opinion, are agitated by anguishes of conscience from this, that they judge they have not for that reason made the fruits their own. We therefore ask and urgently require of you, beloved Son, that you not only strive utterly to uproot and eradicate this abuse and corruption, discordant with ecclesiastical discipline and contrary to the canonical ordinations and also to our own constitution, but that you also sweetly and firmly admonish and exhort them that henceforth they attend and assist in choir with that reverence which is fitting and which they are bound to, and with equal piety, attention, and vigilance strive and contend to sing or chant the psalms with the rest. Then you shall proclaim to them, and make known, that we — as we declare and enjoin to you by these our letters in the form of a Brief — decree and ordain, as we have intimated in the same our constitution, that they and their successor Canons, being present and assisting in choir but not chanting or singing the psalms, do not in any way make the fruits their own from the prebends and distributions, and are and will be subject to restitution. But, mercifully indulging those who, agitated by the stings of conscience over this matter, take refuge with you, we grant and impart to you the faculty that, either through yourself or through others to be deputed by you, each and every Canon who perceives that he has failed in singing or chanting the psalms in choir with the others (provided he promise that he will henceforth take entire care to be present and assist in choir, and to sing or chant with the others) may be able and empowered to obtain absolution from the fault, and a dispensation from all the fruits unduly received. Furthermore, we will and command that no indults or privileges of this kind — which we grant and bestow, by these same present letters, upon each present and future Canon, in regard of your merits — shall avail those Canons who, although present and assisting in choir, nevertheless do not sing or chant the psalms at all. Furthermore we ask you, our beloved Son, and exhort you in the Lord, that with the same zeal with which we, inclined by your supplications..."

by your supplications, have increased these same Canons with new privileges of apostolic benignity and authority, take care to satisfy our own reasoning and yours as Pastors, to be rendered to Jesus Christ the eternal Judge, the Prince of Pastors; and, this abuse and corruption being utterly removed, that you strive to promote and increase divine worship through the chant of divine psalmody, so that not less the Canons themselves than we ourselves may in turn deserve to obtain an eternal reward from God, the bestower of all good things. Meanwhile we desire the apostolic blessing to be the auspice of heavenly protection, and the pledge of our zealous will to gratify you, which we most lovingly impart to you, our beloved Son, and to these same Canons. Given at Rome, at St. Mary Major, under the Fisherman's ring, on the 19th day of January, 1747, the eighth year of our Pontificate."

IX. If the Pontiff in the earlier constitution said it is to be feared, in this latest diploma he pronounces that they do not make the fruits their own in any way, and declares the Canons subject to restitution. This petty opposite opinion runs contrary not only to reasons, to Councils, and to pontifical authority, but to common sense itself. Pious Faithful, Christian Princes, have given goods and rich revenues to Churches, that Ecclesiastics, set apart from worldly cares, established as intercessors and advocates between God and the people, might celebrate the divine praises, and render God propitious to the people. What then? Have the Faithful enriched Churches with revenues, and indeed most abundant ones, so that lord Prebendaries and Canons might exhibit themselves in choir as statues, trunks, and stocks? These things, say the cited authors, savor not of unseemliness, but display comeliness and splendor: since the Canons and Dignitaries adorn and grace the Church by their own presence and mute lips, especially in the more celebrated Basilicas; while the Chaplains and Mansionaries chant and sing. Is it unbecoming for the lord Canons to address, praise, and celebrate the praises of God with their own lips? Through their ministers, the Chaplains and Mansionaries, they dare to address God. Come now. If you had appointed an Advocate, a price paid, to plead your cause before the Prince, and to render him favorable to you, would he be discharging his office if, no word having been made to the Prince on your behalf, he presented himself to the Prince as a statue? What if he addressed the Prince only through his servants? You would cry out: I hired you, I paid you, that you should plead my cause. Hurl the same against Canons and Prebendaries mute in choir. Why did Christians and Princes enrich you with annual revenues? Why did they bind you to frequent choir? What is the purpose of choir? The psalmody by which God is praised, and made propitious to the faithful people. For this reason, then, you ought to be present in choir: that by psalms and hymns you may avert the divine vengeance from the people. Therefore, if you do not chant the psalms, the presence of your body is a mockery and a laughing-stock. You sin, if you are absent in body; therefore you sin, if you are silent in mouth, and your spirit wanders elsewhere. These things are so luminous that they could illumine even the blind themselves.

X. Question III. Do those absent from choir for a legitimate cause acquire not only the distributions owed for their own presence, but also those that accrue from others who are absent without cause? Answer. Some affirm it; but the more probable and true opinion denies it. It suffices that they acquire what is owed for their own presence. If in some place the opposite custom prevails, that custom must be kept.

XI. Question IV. Can Prebendaries who are present rightly give to those absent without cause the distributions? Answer. This gift, and mutual collusion, the Council of Trent, session 24, chapter 12, forbids. The Theologians dispute whether the Tridentine so forbids these things that they are invalid, and not merely illicit. Some deny it; but the affirming opinion is true: since the Council forbids all collusion, remission, and donation, so that all hope be cut off from the absent of obtaining, in whatever way, the distributions lost on account of unjust absence. Can each not give his own goods? True enough. A Prebendary can give the distributions he has received to whomever he wishes; but before receiving and possessing them, since he has only a right to them, he would be remitting, not giving. But remission is forbidden by the Council. Moreover, donation is forbidden if a tacit collusion intervenes. Canons absent and present could enter into a mutual collusion, and under the mask of a gift mutually remit the distributions to one another. Let them give to one another, if they wish, their own goods, outside this case of the distributions.

XII. Question V. What are the causes excusing Canons from the frequenting of choir? Answer. Three are assigned: infirmity of body, a just and reasonable necessity, and the evident utility of the Church. As to the first, only a grave, not a light, infirmity excuses. What infirmity is grave, and what light, cannot be absolutely defined, but must be left to the judgment of a prudent man. If a Canon dwells outside the place of his residence without just cause, and there falls ill, he does not enjoy the privilege granted to the sick, because he is reputed absent through his own fault, and so does not make the distributions his own. Those laboring under gout, which impedes going out of the house and access to choir, acquire the distributions. The same must be said of old men who cannot leave the house without probable danger of a grave infirmity. It is a lax and false opinion of those who assert that men of seventy are exempt from choir, on the ground that their very advanced age is itself a disease. In some it is a disease which can excuse; not so in others. Therefore the proposition, stated absolutely, is false: for the septuagenarian, as above, if he has strength, is bound to recite.

XIII. A reasonable necessity is reckoned when the frequenting of choir would bring about some grave harm to honor, life, or fortune. He who by a Physician's counsel stays at home to take medicine, or to be bled, does not lose the distributions; nor does he who is captured by enemies, who is detained by force, or who does not leave his house from a just fear of an enemy. Those absent from the place of residence out of fear of a plague can receive the fruits of the benefice, but not the distributions: since, if they do not wish to be subject to the common danger, neither ought they to receive the advantage. He who has the care of souls can in no way be absent. One unjustly detained in prison acquires the distributions, but not one justly detained. Similarly, one justly excommunicated loses the distributions, but not one subject to unjust excommunication, provided he takes care to be absolved from the excommunication. One justly excommunicated, though present in choir, does not acquire the distributions, nor the fruits of the benefice. Garcia asserts that the contrary custom prevails in Spain. One justly suspended loses the fruits of the benefice and the distributions, although he attends choir; not so one unjustly suspended, who acquires the distributions even absent from choir. Similarly, when a Church is under interdict, if the Canons did not give cause for the Interdict, they acquire the distributions. But in the time of cessation from divine offices, during which the Canons cannot celebrate the divine praises, they lose the distributions, because Gregory X so declared, chapter Si Canonici. Nor is the reasoning the same for an Interdict and for a cessation: because with respect to the latter there is a prohibition, but not with respect to the former. When a Church is polluted, the Canons acquire the distributions, because it is not through their fault that it is polluted. An irregular person acquires the distributions, because irregularity does not impede attending the divine offices.

XIV. The third cause excusing from the frequenting of choir is the evident utility of the Church, which must be grave and manifest, and of one's own Church, not another's. A doubtful utility does not confer this privilege. The utility of the universal Church produces both fruits and distributions, provided it be manifest. Now there is grave and manifest utility when, by the consent of the Chapter or the Ordinary, it is so judged; and then the absent person acquires the distributions and fruits, even if he be outside the place of the benefice. A Canon sent by his own Bishop to visit the thresholds of the Apostles acquires the distributions, because he then does the business of the Church. The same must be said of a Canon accompanying his Bishop to the same thresholds. A Bishop can send only one...

but he can take two with him to the aforesaid thresholds. But a Canon who accompanied another Church's name, or another Bishop, to the aforesaid thresholds, would not acquire the distributions. If a Parish priest were sent by the Bishop to visit the thresholds of the Apostles, he could receive the distributions only for a period of two months, because beyond this interval the Bishop cannot occupy the curate of souls in other business if the pastoral ministry is thereby impeded. A Canon sent by the Bishop to a general or provincial Council as Theologian, Canonist, or Procurator would acquire the distributions. But if the Canon be a Bishop, and go as Bishop, not as Canon, then he would not acquire the distributions, unless he transacted the business of his own Church. Similarly a Canon occupied by the Chapter in computing the Church's revenues, of the common fund or of the fabric, acquires the distributions. A Canon elected Vicar by the Chapter, or provisor, when the See is vacant, acquires the distributions while absent from choir on account of the evident utility of the Church; not so if he were elected Vicar of the Bishop, because then he would serve the Bishop, not the Church. An Archdeacon too, visiting the Church or the Church's estates, acquires the distributions. He who at the time of the divine office confesses his own sins does not acquire the distributions. The Cathedral Penitentiary, who at the time of the divine office hears confessions, does not lose the distributions; nor do other Prebendaries who, by mandate of a Superior, on account of a great concourse, are occupied in such a ministry; but other Prebendaries who spontaneously hear confessions would lose the distributions. A Prebendary to whom the cure of souls is annexed acquires the distributions while he devotes himself to administering the sacraments, just as one who is occupied in defending the rights of the benefice acquires them.

XV. A Canon Theologian absent from choir to give lectures or to preach acquires the distributions on the days on which he exercises these duties; not so on the days on which he prepares himself for these same ministries. The reasonable customs of localities must nevertheless be regarded. Prebendaries lecturing on Theology in some University, or in a General House of Studies, acquire the fruits of the prebend, but not the distributions. For only the Prebendary who lectures in his own Church acquires the distributions. Parish priests publicly lecturing on Theology do not enjoy this privilege if they are absent from their own parishes for the sake of lecturing. Prebendaries devoted to study in some University acquire the fruits of the benefice, but not the distributions — provided they apply themselves to Canon Law, to Theology, to sacred Scripture; if they study Civil Law, they do not enjoy this privilege. Such studying Prebendaries must, however, obtain license from the Ordinary, that they may be able to receive the fruits. If these Prebendaries are Parish priests, they cannot be absent from their own parishes even by license of the Bishop, as the Tridentine prescribes. Those who are absent from choir for the sake of study acquire the fruits of the benefice for five years, even if the benefice consists solely of distributions: because in this case the distributions take the place of the fruits, and put on their nature. Non-curate Canons who are absent for three months each year gain the fruits, but not the distributions. To enjoy this privilege, it is required that they reside for the whole year and frequent choir. Hence a Canon who takes possession in the middle of the year does not enjoy the privilege of three months, but only half of that same privilege. This privilege can be used either before or after a residence of nine months. Those who are absent from choir for a notable part of the year are unworthy of this privilege. A Canon who holds a double benefice, such as a Canonry and a Deanery, acquires simple, not double, distributions, which are given on account of attendance, which, since it is single, one distribution alone ought to correspond to it. And let this suffice concerning the Canonical Hours. For of the various customs of Churches nothing occurs to be said, since almost every Church has its own usages and customs.

Many deny it, as reported by Diana resol. 7.

Others, however, concede that they can receive distributions.

To me the former opinion is proved, for by cap. Dolentes they are most gravely condemned: Therefore they do not satisfy.

Moreover it is certain that those absent from Choir cannot receive distributions, and if they received them, they would be bound to restitution; but it is all the same, as regards the end of the precept, which must be looked at above all, whether the Canons are absent, or present while confabulating; nay, at times they would profit the Choir more by wholly abstaining from it than by mumbling and whispering and diverting the pious application of others: These things, however, are to be limited according to what we said above dubit. 3., considering whether that confabulation is slight or great; holy or profane, etc. For these conditions, inasmuch as they validate or invalidate the recitation of the office, also make the Canon capable or incapable of distributions.

There are, however, some Canons who are bound only to assist in Choir, without any burden of reciting; and these Bassaeus excepts num. 24., if they confabulate so modestly and humbly that they are not a scandal to others; which happens when they converse with one another somewhat farther off and apart from the rest. Of these I have given some indication tom. 4. tract. 1. de actibus humanis, disp. 17. quaest. 10., according to the tenor of proposition 19 condemned by Alexander VII.