What excuses from Sunday rest

273. A cause excusing from this law must universally be grave; and the longer labor is prolonged, the graver the cause required. Canon law itself mentions a twofold excusing cause, piety and necessity¹ (one's own, another's, common), to which custom is to be added.

Although, when a sufficiently grave cause exists, the faithful are of themselves excused from the law, nevertheless on account of the danger of error they are to be warned that they should nevertheless ask the parish priest whether in these circumstances it is licit to labor, or rather that they should seek a dispensation. This indeed they ought chiefly to do when the matter concerns public labors, so that by this means the danger of scandal may be forestalled.

By reason of piety those labors are licit which are necessary for divine worship to be exercised here and now. And so:

a. Servile works are permitted which are proximately ordered to divine worship, as to ring bells, carry a cross or banner in processions, etc.

b. But those are prohibited which concur only remotely with divine worship, as to whitewash walls, build a church, carry stones and wood for the building of a church, make ornaments of the church; nevertheless, that vestments and ornaments, such as chasubles and other vestments, flowers, purificators, corporals, rugs, etc., be made for some poor church can be permitted.

c. Actions intermediate between those which are proximately and those which are remotely ordered to divine worship, as to sweep churches, bake hosts, decorate altars and the church, erect platforms necessary for a festivity, etc., by universal custom now prevailing are to be done on the day before the feast; but if these without just reason are deferred to the feast day itself, a venial sin is committed. Although St. Alphonsus (n. 292), from the custom then prevailing, excuses this from even venial sin, nevertheless when a just reason exists they can be done without sin on the feast day itself.

¹ C. Liceat 3 and C. Conquestus 5, De feriis (II, 9).

274. By reason of one's own necessity the following are excused:

a. Servants who are forced by the master to labor and cannot easily or shortly find another master, unless they are forced to labor in contempt of religion.

b. The poor, who otherwise cannot sustain themselves and their own. Mothers of families who mend their own garments or those of their children, if they cannot do this on other days. Maidservants to whom during the week time is not granted so that they can mend and wash their garments. Workers who cultivate their own garden, if they must labor away from home through the whole week. These things indeed ought to be done secretly to avoid scandal.

c. Farmers who, on account of past or imminent rain, turn, bind, carry hay or crops, pluck fruits, etc.

d. Country folk who in the city buy things necessary for their own food or clothing, if they can migrate into the city only on feast days.

Whether the reason of avoiding idleness excuses. - The sole reason of avoiding idleness does not excuse from this precept; for idleness must be driven away by other occupations, and those licit. But if someone could not without difficulty be occupied with other things, and especially if there remained danger of spiritual damage or of sin from games or dangerous conversations, there would be a sufficient reason for permitting light labors to be done for some time at home, by which, namely, scandal may be forestalled.

Thus to a worker who, unless he is occupied with some labor, is accustomed to go to taverns and become drunk, some domestic labor can be permitted. To pious women who complain about the leisure of feast days, and yet do not have in temptations to sin an excusing cause for labor, it can be counseled that they make ornaments for churches or garments for the poor.¹

¹ Genicot, I, n. 337.

275. By reason of another's necessity the following are excused:

a. Tailors and shoemakers who make garments necessary for funerals or nuptials, which they could not complete the day before. But from this reason, that they had promised the garments, it is not licit for them to labor unless otherwise they would suffer grave damage; for they ought to take care, as far as they can without grave damage, not to cast themselves into this necessity by assuming labor which they cannot complete before the feast day.

In practice let the confessor show himself severe toward those who have contracted the custom of laboring on feast days, easy with those who sometimes do it: for these, not those, are usually excused by right.¹

b. Those who exercise works of mercy, although servile, for the support of the poor, as to make garments, bring wood, etc., when by reason of their own necessity the poor themselves could labor for themselves.

alpha. Not only for a determinate poor person, but also for the poor in general existing in common necessity, it is licit to make garments and other things which serve the uses of the poor; but it is not licit to labor to earn money afterward to be distributed among poor persons of this sort, unless they are in grave or extreme necessity, because in these circumstances it would be licit for the poor themselves.

beta. By reason of another's necessity, exercises are also licit which are instituted on feast days by societies destined for extinguishing fires (Feuerwehr), since those exercises cannot be done on weekdays by men impeded by other labors. But care must be taken lest they be withdrawn from ecclesiastical functions, neither those who perform the exercises nor those who gather to watch them.

c. Craftsmen who repair instruments which farmers or artisans need the following day.

d. Those who in extraordinary and urgent necessity, as in a fire, flood, or other misfortune, repair a road, mend a bridge, or assist in another way.

¹ Ballerini-Palmieri, II, n. 765.

276. By reason of common necessity or utility the following are excused:

a. Bakers, who make bread and cakes, both by reason of custom and by reason of necessity; but others are not permitted to make bread, nor bakers other foods which neither they themselves nor others need on that day.

b. Butchers, who kill and skin animals where this could not have been done the day before, as in great cities; but not in small towns, unless several feasts occur.

c. Those who in a public profane solemnity, for example, on account of the arrival of a prince or on account of victory, prepare and make those things which are necessary, as triumphal arches, fireworks, garments, decorations, etc.

These indeed ought of themselves to be prepared beforehand, lest the feast day have to be profaned by servile labors; nevertheless, if either culpably or without fault they had not been prepared, it is not necessary that the solemnity be omitted on that account, but they can licitly be done on the feast day. For to omit the solemnity is a grave inconvenience of the republic, to the undergoing of which the precept of the Church does not oblige. Yet those who deliberately defer labors of this sort to the feast day without sufficient cause, of themselves sin gravely.

277. By reason of custom: a. It is licit to prepare foods, even if for more sumptuous meals they need greater labor. Those things which are servile, as to kill and skin smaller animals, ought to be done on the day before if this can conveniently be done; but if on the day before, even culpably, it has not been done, it can be done on the feast day without sin. It is licit to make beds and clean garments with brushes.

b. Barbers licitly shave beards and cut hair.

c. It is licit to drive loaded carriages or ships not only when the journey is continued, but also when it is begun on a feast day, and the labors necessary for this end can be completed.

d. Light labors, as to make rosaries, scapulars, artificial flowers, etc., are indeed of themselves servile and therefore illicit, especially if they are exercised as is customarily done during the week by women gathered into one place; yet if they are done privately, by custom they can be licit.¹

¹ Cf. Gury-Ballerini, I, n. 356.2.

As we saw with regard to the hearing of Mass, so in this matter too, if the precept cannot be observed without serious inconvenience, it ceases to bind. And so, work in foundries or in agriculture which cannot be stopped without grave inconvenience and loss may be done on Sundays. Work, too, in the direct service of religion, or necessary works of charity connected with the care and nursing of the sick, or the burying of the dead, are not forbidden. Custom permits of the sweeping of the house and the cooking of meals, and certain other more or less necessary occupations on Sunday. Finally, ecclesiastical authority can, for good reason, dispense in the observance of this law. Not only Bishops, but priests who have the cure of souls, have discretionary power to give dispensations in particular cases.” 2-7 West., d. 23, n. 13 Can. 1245; sec. I.

What are the causes excusing from prohibited works? - There are chiefly six excusing causes: dispensation, custom, piety, charity, necessity, utility, as is clear from the common opinion of theologians. L. 288.

Dispensation. In the precept of abstaining from servile work, as also of hearing Mass, the following can dispense: 1. The Pontiff, as supreme legislator and pastor, in all festivities and for the whole Church. 2. Bishops and vicars of the chapter, the See being vacant, in their dioceses. 3. Regular Prelates toward their own religious subjects and their domestics. 4. Parish priests, even when the Bishop is present, from custom now received. But Bishops, regular Prelates, and parish priests are able to dispense only in particular cases. L. 288.

Custom. Hence from general custom received almost everywhere these are excused: 1. Barbers, who besides are also excused from this, that otherwise they would be abandoned by very many to their grave detriment. 2. Those things which pertain to the neatness of the house, for example, making beds, washing vessels, and those things which regard the arrangement of the person, such as trimming the beard, cleaning dust from clothes, and the rest of the same kind. 3. Those things which are necessary for food: slaughtering cattle, baking bread, indeed even preparing finer foods. Struggl 23; Suarez, l. 2, c. 21, nn. 3, 4; L. 289, 298; Benedict XIV, Inst. 43.

Piety toward God. Through this works are licit which proximately, not remotely, regard the worship of God; such as laying floors for a festivity, sweeping and adorning the temple, altar, roads; but by no means building a church, repairing it, cultivating the fields of the church, etc., without actual necessity. And thus it is permitted to make necessary ornaments for a needy church. For the precept of worshiping God by abstaining from servile works is of a higher order than free works of piety. L. 291-293.

Charity toward the neighbor. Hence on a feast day it is licit: 1. To do what is necessary for relieving the sick. 2. To dig a grave for burying a dead person. 3. To labor for some determinate poor person, for whom by reason of grave necessity it would be licit to labor; yet, according to grave theologians, not for poor persons in general, unless the matter concerns making clothes or other things of this sort which must serve for the use of the poor, but not for gaining money to be distributed to the poor. L. 292, 294.

Necessity, whether one's own or another's, both of soul and of body. Hence these are excused: 1. Poor persons who otherwise cannot feed themselves and their own; shoemakers, tailors, and other workers who otherwise would be abandoned by buyers, provided they labor privately and scandal is excluded; servants compelled to labor, if they cannot easily and quickly find another master without great inconvenience; wives and children compelled by the father to labor, if however this is not in contempt of religion. Likewise all these are also excused if they mend their clothes, when on working days they do not have convenient time for this. Yet masters can from a grave cause impose upon servants that they do servile works and abstain from Mass; and each then is consequently licit for the servants. 2. All those whose works once begun cannot be interrupted without great harm, such as those pouring iron; those gathering fruits lest they be corrupted, or lest they be stolen; those baking lime, bricks, glass. 3. Tailors who make funeral or nuptial garments, or others necessary for honorable dress, which they are not able to finish before the feast either by themselves or through others. 4. Farmers who, on account of past or threatening rain, cut, turn, bind, or carry hay or grain. 5. Blacksmiths who shoe horses on the road or brought by rustics, or who restore plowshares necessary for farmers on the following day; and also those who repair carts broken by accident, bridges, or public roads, if the work cannot be deferred without loss of the public good. The reason of avoiding idleness does not excuse per se, except in the rare case in which temptation would press which could not otherwise be conquered except by laboring. L. 295-304; S. Th. 2. 2, q. 122, a. 4; Struggl 15.

Utility. Hence these are excused: 1. Those who labor for the public utility, when some necessity is urgent, for example, if the matter concerns celebrating a victory, preparing a feast for the arrival of a Prince, or for the sake of another public rejoicing. 2. Those also are probably excused, on account of the circumstance of notable extraordinary gain, who sustain themselves by labors, because for these to omit such gain is the same as to suffer grave harm. L. 301, 304.

361. • III. Necessity, either one's own or another's, both of soul and of body. Hence:

1. The poor are excused who otherwise cannot support themselves and their own, provided they labor privately and with scandal excluded.

2. All are excused whose works already begun cannot be interrupted without great damage, such as those pouring iron, etc.

3. Bakers likewise are excused, who must have fresh bread so that they may satisfy buyers.

4. Likewise tailors who make funeral or nuptial garments, which neither by themselves nor through others are they able to complete before the feast.

5. Likewise farmers who, on account of past or imminent rain, turn, bind, or carry hay or crops.

6. Likewise servants compelled to labor, if they cannot easily and quickly find another master without great inconvenience.

7. Smiths are excused who shoe horses on the road or brought by rustics, or repair plowshares necessary for farmers on the following day; and also those who repair carriages accidentally broken, bridges, or public roads, if the work cannot be deferred without loss of the public good.

8. Those also are excused who labor for public utility while some necessity urges, for example if there is question of celebrating a victory, of preparing a feast for the arrival of a Prince, or for the sake of some other public rejoicing.

9. Those also are probably excused who labor on account of the circumstance of notable and extraordinary profit, because for them to omit such a profit is the same as to suffer grave damage ⁴. - St. Alphonsus as regards all these things, from n. 296 to n. 304.

⁴ The reason from St. Alphonsus (lib. 3, n. 301) is that those who sustain themselves by labors have rare occasions of acquiring such great profit, and judge that they sustain great damage when they lose a great profit; for to lose something and to be prohibited from acquiring what cannot be acquired further coincide in the same thing.

But although as many as have been enumerated thus far do not need a dispensation, nevertheless the faithful are to be advised that, if they conveniently can, they should ask leave from the ecclesiastical Superior, lest, namely, deceived by cupidity, they labor without a cause sufficient for excusing and with the scandal of others. But here the Superior is understood especially as the Bishop; although he cannot give a general dispensation for all his subjects, much less a permanent one, since that would be equivalent to the suppression of feast days, yet as regards some acts with particular persons he can dispense from a reasonable cause; indeed custom grants this faculty even to the parish priest.

10. But they are not to be excused, indeed they are severely to be rebuked, who more often extend labor begun after midnight into the feast day even under the pretext of necessity; because for the most part that necessity is voluntary for them, since very often they cast themselves into it, either by assuming more works to be completed by a certain day than they can fulfill, or by not applying that number of workers which the work would require, or by wasting time during the week on useless things. You would more easily excuse those to whom a work to be completed for the following feast day had been handed over on the preceding day.

1041. 1. Necessity or very great utility excuses from labor whenever this cannot be omitted without grave inconvenience or harm. By this reason the following are excused:

(a) Farmers, who, on account of past or imminent rain or hail, must collect crops or fruits; (b) workmen who cannot interrupt works begun without very notable loss; such are those melting glass or iron, burning lime or bricks; those who, in a case of necessity, repair bridges, public roads, machines in workshops; blacksmiths, if they shoe the horses of travelers or of those who are about to set out very early the following day; those repairing the machines of those who otherwise would not be able to work on the following day; (c) shoemakers and tailors who make shoes or garments necessary for funerals, weddings, or other solemnities which cannot be deferred; or finish garments which they promised to hand over on the appointed day, provided that by their own fault they have not wasted time uselessly, nor are accustomed to undertake more works than they are able to complete;⁵ (d) public bakers and butchers, who in large towns are morally compelled daily to bake bread or kill animals; but not those who in small towns can do this for two days, unless several continuous feast days occur; (e) servants, wives, children, who are compelled to labor by a master, husband, or parent, when they cannot resist without founded fear of grave inconvenience; (f) poor persons, who otherwise are not able to sustain themselves and their own, or would be deprived of extraordinary gain.⁶

⁵ Let the richer also take care not to demand more quickly the garments which they hand over to tailors or seamstresses to be made; otherwise they are the cause why workers are morally compelled to labor at night and also on Sundays even unwillingly.

⁶ Led by this reason, Alexander III (Decretals, lib. II, tit. IX, De feriis, c. 3), permitted fishermen the capture of fish which in shoals approach the land at certain times: "We grant that it be licit for your parishioners on Sundays and other feasts (except on the greater solemnities of the year), if herrings have inclined themselves toward the land, to attend to their capture when necessity presses: in such a way that after the catch has been made they provide a fitting portion to the surrounding churches and to Christ's poor." Likewise S. Cong. Prop. Fid., Sept. 30, 1848, by authority of the Sovereign Pontiff, granted to certain apostolic vicars the faculty of dispensing poor Christians, who greatly need their own works, so that they may be able to labor servilely on Sundays and feast days, yet after hearing Mass (Collectanea, Paris edition, n. 1232; cf. n. 1226-1227; Ami du Clerge, t. XII (1899), p. 246).

1042. 2. Piety toward God excuses those who perform servile works proximately regarding divine worship, such as adorning altars, sweeping the church, covering the walls with tapestries; but it is to be counseled that these things be done the day before, if possible. But those things are prohibited which serve worship only remotely, such as building a church, whitewashing walls, making ornaments, unless another cause accedes, for example, an urgent necessity of worship.

1043. 3. Charity toward neighbor renders licit works, otherwise servile, by which we assist the grave necessity of neighbor, for example, to serve the sick; to plead the causes of the poor; to labor for the poor for whom, by reason of necessity, it is licit to labor, for example, to make garments, when winter is raging, for those who otherwise would perish from cold.

1044. 4. From custom, where it is in force, certain works otherwise prohibited are permitted; thus it is licit for barbers to shave a beard on a feast day; for gardeners to water vegetables; for farmers to turn or separate crops on the threshing floor; for merchants to sell drinks and food, even in public shops, etc. But what is licit from this head in any region depends on the particular usage of places.

1045. 5. To these causes is added dispensation granted by one's proper superior, namely by the Sovereign Pontiff for the whole Church, by the Bishop or capitular Vicar for the diocese, and by Prelates having quasi-episcopal jurisdiction. These cannot dispense without a just cause, which nevertheless can be less grave than that which of itself excuses from the law. - From the Code, c. 1245, pastors can, from a just cause, in individual cases, dispense individual faithful or individual families, even outside the territory, from the common law concerning the observance of feasts.

1046. Practical corollaries. (a) It is asked whether the reason of avoiding idleness excuses from servile work. - This indeed by itself alone does not excuse, since idleness can be driven away by licit occupations. But circumstances can be given in which idleness is a proximate danger of sinning, and at the same time can scarcely be driven away otherwise than by being occupied in servile work for some time: then it is licit to labor as long as is necessary for putting temptations to flight. In this case it can be counseled to girls and women that they make garments for the poor, or ornaments for churches.

1047. (b) It is likewise asked whether it is licit for workmen dwelling in a city to spend some time on Sunday in cultivating gardens which are rented or given to them. - Scandal being removed, this can be permitted, with deference to better judgment, whenever otherwise the workers are exposed to a grave danger of going to taverns and making themselves drunk, or of consenting to other temptations, - or when they are so poor that they need this work for sustaining themselves or their own, - or when the labor is so modest that it can be held as recreation and solace, - but especially when these three motives concur together.⁷ But it must be attempted with all strength that they first hear Mass, and for some time devote themselves to the study of Christian doctrine; nor should they labor longer.

⁷ Ami du Clerge, t. XXV (1903), p. 968; Rev. du Clerge francais, t. XXVII (1903), p. 83.

But let it never recede from the mind that the virtue of religion is among the most excellent moral virtues, and that God, best and greatest, repays a hundredfold those who, vain cares and solicitudes having been put aside, sincerely and devoutly promote divine worship.

Among the causes which excuse a man from the observance of the law forbidding servile labor on Sundays and holydays of obligation are: dispensation, legitimate custom, necessity, charity (nursing the sick, burying the dead, etc.), piety (the erection of altars, decoration of streets and houses for religious ceremonies, etc.), and the public welfare or security (postal service, running the railroads, etc.).

664. There are numbered chiefly six, namely: 1. dispensation; 2. legitimate custom; 3. piety toward God; 4. charity toward neighbor; 5. necessity; 6. utility.

I. Servile works are permitted ON ACCOUNT OF DISPENSATION of the Superior, namely of the Supreme Pontiff in the whole Church; of the Bishop, or, the see being vacant, of the capitular Vicar, in his own diocese, not only for diocesan feasts, but also for those which are common to the universal Church; with this distinction, however, that on feasts established by common law the Ordinary cannot dispense without just cause, nor give a general and permanent dispensation; but on local feasts he dispenses without cause validly, although illicitly. The dispensation of a regular prelate is also valid toward his own subjects; likewise of a parish priest toward parishioners, by force of custom: yet under this law, that each dispenses only for a time, in a particular case, therefore more sparingly, and only for individuals or for a restricted group, and from a just cause (cf. n. 234, 3). Thus St. Alphonsus, III, 288; D'Annibale, III, n. 128.

But here it is useful to note: 1. If the cause of laboring, or of omitting Mass, is manifestly sufficient, dispensation is not required. Yet let the faithful see that they are not led by avarice rather than by reason. 2. A confessor, although he cannot dispense, can nevertheless interpret the law through epikeia, and thus concede permission for forming the conscience of those doubting (III, 288).

665. II. They are permitted ON ACCOUNT OF legitimate CUSTOM. For, as Gerson rightly observes (de Praec. Decal., c. 7), concerning servile works not to be exercised, the custom of the place and of persons tolerated by prelates determines more and more frequently than another written law.

Therefore it is licit, where custom is in force: 1. to use a carrying chair borne by men; 2. to lead vehicles or animals loaded with merchandise; 3. to irrigate vegetables, to turn or separate crops on the threshing floor; 4. to cook and prepare foods, even superfluous ones, or seasoned for pleasure; 5. to kill and skin smaller animals, if on the preceding day this could not be done; 6. to sell and buy, even in public shops, drinks and foods; likewise shoes, candles, and similar things whose price is determined. Yet merchants are held to close their shops, so that thus they show that they distinguish feast days from other days (III, 275 ff.; H. Ap., VI, 15).

Likewise it is permitted to barbers on a feast day to shave the beard, both from general custom and from necessity, because rustics especially and workers are for the most part impeded on the other days. Hence, if barbers did not furnish their office to those coming on a feast day, they would be deserted with grave harm (III, 290). For the rest, to shave one's own beard is not a servile work; whence it is not illicit to furnish that office to others.

666. III. They are permitted ON ACCOUNT OF PIETY toward God. And by this title works are permitted which proximately look to worship, for example to ring bells, to carry statues in processions, to erect platforms necessary for festivity, or the Lord's sepulcher, etc. It is also licit, at least from custom, to bake hosts, sweep the temple, spread carpets, adorn altars and churches, etc. (III, 291; H. Ap., VI, 16).

Nor does it seem to be disapproved if someone on the Lord's day, after divine offices, should make rosaries to be distributed gratis among the poor; or if pious women should labor at making ornaments necessary for some poor church; or if someone should make pious images for promoting devotion among his own or among others (III, 293).

But, more probably, it is not licit to cultivate the fields of the church, whitewash the walls of the church, carry stones or wood for building a church, etc., unless necessity is present,

or great utility approved by the Bishop; for these things concur only remotely toward divine worship. Likewise, it is not licit to erect platforms for seeing a procession, unless when no other time would be available (H. Ap., VI, 17).

667. IV. They are permitted ON ACCOUNT OF CHARITY toward neighbor. - By this title it is licit to serve the sick; to conduct the cases of the poor, of orphans, or of widows; to dig a grave; to sell to country people, who on other days are impeded from buying; to labor for some determined poor person, for whom by reason of necessity it would be licit to labor; or even for the poor in general, if a grave and certain necessity is in force in some place (III, 293 seqq.).

668. V. They are permitted ON ACCOUNT OF NECESSITY, one's own or another's, of soul or of body, namely if some work cannot be omitted without grave inconvenience or loss (III, 295 seq.).

By this title there are excused:

1. Those who perform those works to which, because of necessity, daily attention must be given, and which conveniently neither can nor usually are anticipated or postponed, as to cook foods, make beds, wash, sweep the house, and the like (H. Ap., VI, 21).

2. The poor, if otherwise they cannot nourish themselves and their family, scandal being excluded; likewise, if they mend their own clothes and those of their own people, which they are not able to repair on other days.

3. Likewise servants, wives, and children compelled to labor, whether by force or by fear of grave harm or loss; and extend this to workers who print newspapers or notices to be made public. But they would by no means be excused if the compulsion were made in contempt of the feast day itself. But the more frequently any servant is held to undergo coercion of this kind, the more strictly he is obliged to seek another master for himself, and the graver the cause required so that he can be excused from this obligation (III, 295, 296).

4. Similarly, public bakers and butchers, at least in large towns, both on account of custom and on account of the necessity of the people. But to make bread or pastries is scarcely licit except from necessity, as, for example, if several feasts concur, and bread baked beforehand would become less fit for food (III, 298, 299). Similarly those are excused who train themselves so that they may furnish help in extinguishing fires.

5. Likewise all those are excused whose works once begun cannot be interrupted without great harm, as those smelting iron and glass, burning lime or bricks, etc. And these can sometimes even be begun on a feast day, to avoid grave harm (III, 300).

6. Likewise blacksmiths, if they shoe the horses of travelers, or of those who on the following day at very early morning are about to make a journey, or to go out into the field for laboring; likewise, if they repair the plowshares of those who otherwise on the following day would not be able to labor. Likewise those are excused who in a case of necessity repair bridges, fountains, public roads, machines in workshops (H. Ap., VI, 19).

7. Shoemakers and tailors are excused who make shoes and clothing necessary for imminent weddings, funerals, and similar solemnities, or who mend clothing for a pilgrim; or even if the promised garments are so expected that, unless they finish them, they are about to suffer great harm (III, 303). But they are not to be excused, indeed they are to be severely rebuked, if under pretext of necessity they more frequently prolong labor already begun after midnight into the feast day; because for the most part that necessity is voluntary for them, since very often they cast themselves into it, either by taking on more works than they can complete, or by wasting time during the week on useless things (Gury, n. 360).

8. Likewise farmers who, because of past or imminent rain, turn, gather, or carry hay or crops. So likewise, so that harm may be avoided, and by custom in many regions, it is permitted to gather fruits, although not necessary for the use of that day, so that they may be better preserved; especially if there is danger of imminent rain (III, 298; H. Ap., VI, 21). In certain regions, with a shortage of workers standing, this necessity can be greater (Ami du Cl., 1910, p. 115). As regards artisans who, besides daily labor in a workshop, have undertaken the cultivation of a garden or field, it seems that it can be tolerated that on Sunday they complete those things which reasonably they cannot perform on another day: always with assistance at the sacrifice of Mass saved, and scandal excluded.

9. Finally those are excused who by office make a journey, or carry merchandise. To these today are to be numbered those who are detained by necessary occupation on railroads or in public electrical workshops, as directors, conductors, stokers, etc.; but not, unless some other reason accedes, those who are occupied in distributing or receiving merchandise.

Note. Sometimes for directors of a Catholic daily paper there is present a moral necessity, even on Sundays and feast days, of printing their sheets, both so that they may at once blunt the attack of the enemies of the Church, and so that they may impede the diffusion of depraved newspapers.

669. VI. They are permitted ON ACCOUNT OF extraordinary UTILITY; for this is equated with necessity.

Hence: 1. Those are excused who labor on account of a cause of public joy or splendor, for example if it is a question of celebrating a victory, of preparing a feast on account of the birth, arrival, etc., of a prince. For such signs of joy are morally necessary for the peace of the people; whence by custom labors are permitted which could not have been anticipated (III, 304; H. Ap., VI, 24).

2. Likewise probably those are excused who labor on account of great and extraordinary gain; for great profit ceasing is equated with grave harm; but the third precept, insofar as it is human, does not oblige with grave inconvenience or harm. This is confirmed from c. Licet, de feriis, in which Alexander III is reported to have dispensed so that herrings could be caught on Sundays and feasts, lest otherwise the occasion of catching them should be passed over (III, 301).

It is asked. Whether the reason of avoiding idleness excuses?

Resp. Generally it does not excuse; because idleness can easily be avoided by other remedies, and indeed better ones, for example by going to church, reciting the rosary, visiting the sick, reading some spiritual book. In particular, the reason of avoiding idleness excuses if by the labor there must be avoided a truly probable danger of falling into sin, namely if thus the danger is avoided of playing, drinking with companions, speaking shameful things, etc. (III, 302). Certainly it will also help to hear the opinion of Suarez (l. 2, c. 26, n. 4 and 5): "(A less servile work) can be excused from a certain colored title of moral necessity; because a man, especially a secular and one not accustomed to it, cannot devote a whole entire day to reading or prayer: and therefore, lest he be idle ..., he morally needs some operation, and therefore that moderate operation ... can reasonably be permitted."

495. The causes excusing from this law can be reduced to three categories, which are: 1. one's own or another's necessity; 2. legitimate custom; 3. legitimate dispensation. Certain authors also enumerate piety toward God among the excusing causes. For servile works which are immediately ordered to divine worship are permitted, such as ringing bells, carrying banners, etc. Above in n. 492, in the first principle, we proved from St. Thomas that works of this kind not only do not turn the mind away from the worship of God, but rather lead it thereto, and consequently are lawful. If, however, such servile works conduce only remotely to divine worship, as, for example, whitewashing the walls of a church, building a church, transporting stones and wood, etc., then they are not of themselves lawful; but they are sometimes permitted by legitimate authority if they are done gratuitously for poor churches.

496. 1. By reason of one's own or another's necessity, whether this is of the body or of the spirit, the following are excused:

a) farmers who, because of past or imminent rain, must immediately gather crops or fruits. In practice, it is better that the pastor of the place in these circumstances declare publicly that agricultural labors are permitted on such a day. For thus both scandal and the danger of deception are avoided;

b) tailors, shoemakers, and other craftsmen who must make or repair altogether necessary clothing, for example, for impending weddings or funerals. The same are excused if otherwise they would have to suffer great harm;

c) the poor who truly cannot sustain themselves and their own without labor performed on days of precept;

d) servants, wives, and children who are compelled to labor by a master, husband, or parents, provided, however, that such compulsion does not proceed from hatred of religion;

e) workers who must keep watch over machines in large factories; repairers of bridges, railways, etc., if there is danger in delay. Next, all who immediately prepare foods necessary to be eaten on Sundays and feast days. For if a man is not bound to fast on those days, he also has the right that necessary foods be prepared for him. Hence the labors of a cook and his assistants are lawful. But labors which are necessary for the remote preparation of foods are not lawful, for example, slaughtering an ox to obtain meat;

f) some necessity also exists if there is a danger of sinning from idleness. Hence a confessor can readily permit women to perform certain light manual works with a needle and other instruments on days of precept; likewise, that young persons take photographs. Certain clauses, however, are to be imposed, namely: that such labors not last for too long a time; that no scandal arise therefrom; that such workers piously assist at Mass and other religious exercises; that the workers receive no material wages therefrom. When these conditions are fulfilled, it is much better that someone perform a light labor on days of precept than spend the time in dangerous idleness, or in reading novels, or in dangerous games and conversations, or in frequenting a tavern. Nor let anyone say that these persons can apply themselves to other lawful liberal works or pious readings and thus shake off idleness; for this is sometimes morally impossible because of diverse circumstances. Besides, every difficulty vanishes if these women make ornaments for poor churches or clothing for the poor,⁷²² because then there is always the excusing cause of piety.

⁷²² Cf. St. Alphonsus, l.c., n. 302.

689. The causes excusing from the obligation are:

1. Legitimate custom (can. 1248), at least probable, as was said concerning trade in shops for Belgium, and in certain places milling.

2. Legitimate dispensation by the Supreme Pontiff, and also by the Bishop or by the pastor or superior of an exempt clerical religion, but in a particular case, according to the norm of can. 1245, namely, for a just cause, with the individual faithful or individual families subject to him, even outside the territory, and in his own territory also with travelers.

Pastors, unless they have received special delegation, cannot, for example from the pulpit, dispense the whole parish for rural works in time of harvest; yet in a case in which necessity is evident, they can declare the works to be licit, but then there is no need of dispensation.

3. Necessity of worship, or piety toward God, which permits:

a) works which directly contain the external worship of God, such as the acts of the priest and of those serving him: carrying the cross, images, relics in processions; ringing bells, blowing the organs, swinging the thurible;

b) works which regard the worship of God altogether proximately, such as adorning altars, arranging sacred vestments;

c) indeed works which regard it less proximately, such as adorning or cleaning the church, erecting altars in public streets, baking hosts, erecting a funeral structure, if they could not conveniently be done at another time, or if a custom exists somewhere; otherwise they do not exceed venial sin.

But those things are not permitted which regard worship only remotely, such as restoring a church, whitewashing walls, sweeping the church, making candles, making or repairing vestments, chalices, linens, washing linens, cutting or carrying stones or wood for constructing a church or altar.

4. Public necessity, from which are permitted works of war, repair of public works which allow no delay, labor to be expended for the celebration of public festivities which are a moral necessity of social life, selling and distributing things or merchandise morally necessary to the community, capturing and interrogating a thief who otherwise would flee, printing daily newspapers where there is a custom, etc.

5. One's own private necessity, from which it is licit:

a) proximately to prepare the necessary foods of the day; and from custom, even superfluous and unusual foods, and to do all things in order to the table, such as plucking some fruits, washing dishes, slaughtering smaller animals;

b) to do what is necessary for the neatness of the house or of a person (such as shaving the beard, cleaning clothes, dyeing shoes), namely, things which usually cannot conveniently be done at another time or on all days;

c) to labor if otherwise someone could not feed himself and his own, or would undergo a sufficiently notable detriment, or would lose the occasion of a great and extraordinary profit.

Hence workers do not sin who mend clothes or wash and repair tools, cultivate a little garden, if another time is lacking and they cannot have it done by others without subtracting from due sustenance; likewise those whose work cannot be interrupted without notable damage, such as workers with molten iron or glass, burners of bricks or lime; likewise farmers who, to avert damage from rain, turn, bind, or carry hay or crops, gather fruits, water vegetables; likewise children, workers, servants who are compelled, provided it is not done in contempt of the precept or hatred of religion. Nevertheless servants and workers who were often compelled would be bound, as far as they can, seriously to seek another master for themselves.

The need to avoid idleness does not excuse, nor the weight of vehement sadness, indeed not even the danger of sin, unless it cannot otherwise be avoided, which scarcely happens. But in these circumstances a reason will more easily be present for the pastor to dispense and grant permission to work for some hours.

6. Another's necessity, or charity toward neighbor, permits, even for profit:

a) works which per se and proximately are works of mercy, such as serving the sick, burying the dead;

b) other works which per accidens and remotely are works of charity, if grave necessity is present, such that the neighbor could labor for himself, or if a determinate church or pious place were very needy;

c) but it is not licit to labor for the poor or poor churches in general, nor for them in particular, if they are in only common necessity.

Hence bakers, butchers, smiths, tailors licitly labor for neighbor because of some urgent necessity, for example, of a funeral, wedding, journey,⁴ etc.; - likewise from custom, barbers, hairdressers, and those who dye the shoes of passers-by, even when offering their work to all; - likewise with regard to judicial matters: it suffices that necessity, charity, or the public good demand them (can. 1639). Thus the reason of assisting the poor or oppressed, the necessity of finishing a case or avoiding the expenses and journeys of litigants, for which reasons by Belgian law justices of the peace can sit on feast days,⁵ and a criminal case begun is not to be interrupted.⁶

⁴ Yet they can be culpable if they have rashly promised, or during the week have neglected the work, or have undertaken too much work, more than they can perform.

⁵ Code de Procedure civile, a. 8.

⁶ Code d'instruction criminelle, a. 533.

690. Observations. - 1. Among works not prohibited, there are several which, in some determinate case, are more opposed than servile works to the end of the precept, namely, to the sanctification of the feast; but for this reason they do not fall under the precept. Yet they are not to be commended to the faithful, but rather the faithful are to be kept away from them.

2. Although sins committed on a feast day are directly contrary to this end (and therefore much more gravely than servile works), and thence are more grave, nevertheless they are not directly opposed to the ecclesiastical precept itself; hence one who sins mortally on Sunday nevertheless keeps the ecclesiastical precept: for an extrinsic end does not fall under the precept (I, n. 361).

3. The ecclesiastical precept does not oblige one to elicit acts of faith, hope, and charity, although the virtues are the end of the precept, and this is fulfilled in a more perfect mode from them: for they do not pertain to external worship, and besides, the end of the precept and the mode of fulfilling it do not fall under the precept (I, n. 362).

4. Those who labor on a feast day because of an excusing reason should take care lest they be a scandal to others!

At the outset they excuse from sin certain works done for the worship of God. These are found in a threefold distinction. The first is immediate, as playing organs, ringing bells, carrying Crosses, and these proceed on a par unharmed with Divine worship. So Suarez Tom. 1. lib. 2. cap. 21. et alii.

There are, however, some works that could be prepared on the preceding day, as cooking the sacrificial animals, decorating the altars, and these are not yet condemned under mortal sin. Toletus lib. 4. cap. 25. Suarez num. 11. Azorius Tom. 2. lib. 1. cap. 28. quaestio 5. Caietanus quaest. 122. art. 4. et in summa, V. festorum violatio.

Similarly other works among these are not so close to the worship of God, as sweeping the temples with brooms, hanging the walls with tapestries, adorning them with hangings, preparing the public roads for processions; nor do Suarez, Azorius, Toletus, Caietanus above, and Fagundez lib. 1. cap. 14. num. 4. condemn these under mortal sin.

In the second kind are other servile works, more remote from the worship of God, as carrying tables, making flooring, erecting scaffolds for the Theatre of the Most Holy Sacrament, or of a holy Relic, which if they cannot be done on the preceding days are excused from mortal sin; otherwise if they could have been, as Fagundez says with the others alleged, with whom he says it is lawful even to erect a Theatre for public games, and for public recreation.

In the third kind of works for the worship of God are the tilling of the fields of the Church, building its houses, etc., which are still more remote, and these are mortal sins, unless they belong to some poor Church which can scarcely otherwise be relieved. So the authors alleged in Fagundez num. 4. where he adds others.

The second excusing cause is servile works on feasts done out of necessity, as D. Bonaventure admonishes, serm. 4. de Decalogo. This necessity can be that of oneself, of some neighbor, or of the public, and in whatever way it is, the law does not bind, as the Holy Doctor admonishes, in speculo animae, cap. 2.

Necessity of one's own is that of the poor, who otherwise cannot support themselves and their family. So Toletus lib. 4. cap. 25. Azor. loc. cit. quaestio 4. Suarez cap. 31. Rostella, Sylvester, Tabiena V. feriae, Fagundez num. 7. citing others; and it is found in cap. ult. de feriis there: Nisi Necessitas urgeat, vel pietas. But Suarez and Fagundez admonish that this necessity be laid before the judgment of a prudent counselor. Such also is the necessity of coercion, while they are compelled by grave fear, or danger. Thus the Machabees lib. 1. cap. 2. fought on the Sabbath day. Thus it is lawful for servants to labor when compelled by their Masters, provided they are not forced into contempt of the faith; for then death rather must be undergone. So the authors alleged in Fagundez num. 9. Bass. 3. num. 2.

Thus soldiers are excused on a feast day by throwing up earthworks, carrying military engines, etc. So Suarez cap. 31. Fagundez num. 10. Toletus cap. 25. Bass. 3. num. 2. et apud hos alii.

Farmers are excused who gather, reap, carry away, thresh, harvest the vintage, and sow the grains on account of rains or impending storms, when unseasonable weather is feared. So the authors alleged in Fagundez num. 15. Thus also millers, especially if they do this without great labor; so Bassaeus 1. num. 4. et alii.

Fishermen of certain fish are also excused, the catching of which comes only at certain seasons of the year, as tunnies, herrings, and sardines. So Fagundez num. 13. citing others. For although cap. licet de feriis. speaks only of herrings, or pickled herrings; nevertheless the same holds for the other similar cases. Yet certain outstanding solemnities of the Lord are excepted. But these fishermen ought for this reason to bestow some alms on the Church, though it is not commanded there.

From this cause coopers of bricks, tiles, lime, pots, glass, iron, and other similar things, whose boiling cannot be interrupted without great loss, are excused by Caietan, Suarez above, Fagundez, numero 13. and Soto among them.

From the second cause, the necessity of a neighbor, those are excused who labor so that they may be preserved from imminent dangers of the collapse, fire, flooding of a house, and similar things. So also those who sew garments for a poor man, etc. Toletus cap 25. Suarez cap. 32. Nauarr. Manu. Lat. cap. 13. D. Antonin. part. 2. tit. 9. cap. 7. §. 5. Fagundez num. 16. They prove it from cap. Conquestus de feriis, where it is said: Nisi necessitas urgeat, vel pietas. They also excuse works of piety for relieving Poor men and Pilgrims pressing in, likewise the sick, as by preparing medicines, etc. So also by grinding grain. Yet Bass. 3. num. 11. notes that cap. Conquestus speaks of court sessions, not of servile works.

THOSE SKINNING oxen are also excused, the flayers in the shambles, etc. So the Doctors in Fagundez num. 21.

From the third cause, the public good, those are excused who labor in repairing bridges, roads, public fountains, etc., when it cannot be deferred without great inconvenience. For the Church does not will to oblige to rest with public loss, as is found in cap. Licet. Indeed Suarez loc. cit. and Fagundez num. 23. excuse those laboring in servile works for public gladness, or joy, as on account of the arrival of the King, a coronation, the birth of a Prince, etc.

It seems the Holy Doctor serm. citato stands firm in these and similar cases, where he excuses those things which are done for public, not to say even for private delight.

Those laboring in the erection of a Church, or of a needy Monastery, are also excused, provided Mass has been heard; so Tabiena V. ferie, Fagundez num. 25.

I admonish that the excusing causes hold even without the license of Superiors, provided they are undoubted, so that if a Bishop should pronounce excommunication on those laboring, it would not hold. So Tabiena V. Feriae, num. 44. Nauarr. Mann. Lat. cap. 13. Sylvest. V. Dominica, quaest. 7. Rosella V. ferie, num. 27. Azor. Tom. 2. lib. 2. cap. 28. quaest. 6. Suarez lib. 4. Decal. Tom. 2. cap. 45. num. 10. Fagundez num. 26.

Bishops, or the ordinaries of places, can also dispense for a cause, among whom are counted the Provincial and local Superiors of the Religious Orders, as the Gloss explains in cap. Quemquam, de usuris in 6. V. loci ordinario; and Azorius quaestio 5. Fagundez num. 28. Bass. 3 num. 7. teach, adding that on feasts instituted by themselves they can dispense without a cause. In a doubtful case, however, he refers to the counsel of a wise man.

2. What is sufficient to excuse from that law?

Dispensation granted for just cause by a competent authority, custom, the service of God, charity, necessity, and some utility of importance.¹

1 Manual of Moral Theology, vol. i, p. 266.

3. Who can grant a dispensation from this law ?

The Pope can dispense any or all of the faithful from this law; bishops can dispense their subjects in particular cases, as also can parish priests. This power of dispensing their parishioners in particular cases which custom gives to parish priests may be extended to such priests in England and the United States as have the cure of souls.²

2 The same work, p. 267.