Holy Days of Obligation

WHAT pertains to the obligation of hearing Mass and abstaining from servile work on Sundays and holy days of obligation has been already explained under the Third Commandment of the Decalogue. It only remains to add a few observations to what was there laid down.

Before Urban VIII issued his Bull Universa, September 13, 1642, various feasts were kept as of obligation in different countries. ‘For the purpose of introducing greater uniformity, Urban VIII drew up a list of feasts which were everywhere to be observed and besides which no others might be observed without the sanction of the Pope. Besides all the Sundays of the year, the list contained the following feasts: Christmas Day, the Circumcision, Epiphany, Resurrection and two following days, the Ascension, Whit Sunday and two following days, the Holy Trinity, Corpus Christi, Finding of the Cross, the Purification, Annunciation, Assumption, and Nativity of the Blessed Virgin; the Dedication of St Michael, the Nativity of St John the Baptist, SS Peter and Paul, St Andrew, St James, St John, St Thomas, SS Philip and James, St Bartholomew, St Matthew, SS Simon and Jude, St Matthias; St Stephen, St Sylvester, St Joseph, St Anne, the feast of All Saints, and one of the principal patrons in each kingdom or province, and another principal patron in each city, town, or village, where such are venerated.

In most countries the number of these feasts has been greatly reduced, and in England they have been reduced to eight by decrees of the Sacred Congregation of Propaganda dated March 9, 1777, and May 17, 1830. ‘Those eight are: Christmas Day, the Circumcision or New Year’s Day, the Epiphany, the Ascension of our Lord, Corpus Christi, SS Peter and Paul, the Assumption of our Lady, and All Saints. The suppressed feasts are still observed as days of devotion.

As in England we had no patrons such as those whose feast was to be observed according to the Bull of Urban VIII, by . a decree dated May 24, 1863, Pius IX granted permission for the name of St George to be inserted in the prayer A Cunctis at Mass, and for a commemoration of St George to be made in place of that of the patron among the suffrages of the saints in the Office. By a decree S.R.C. (December 2, 1891 [n. 3758]), regulars may add the name of their saintly founder as well. In Ireland the feast of St Patrick is celebrated as the feast of the patron and as a day of obligation in addition to those observed in England. in the United States the following are the holy days of obligation: Christmas Day, the Circumcision, the Ascension, the Assumption, the Immaculate Conception of our Lady, and All Saints.

Canon 1247 is as follows: “‘ The festival days of obligation in the Church universal are these only: Each and all Sundays, the feasts of the Nativity, Circumcision, Epiphany, Ascension, and Corpus Christi, of the Immaculate Conception and Assumption of Blessed Mary Mother of God, of St Joseph. her Spouse, of the Blessed Apostles Peter and Paul, and finally of All Saints.”

The feasts of the Immaculate Conception and of St Joseph have not so far been introduced in England.

What are the precepts of the Church; what of tithes? There are indeed very many precepts of the Church which concern particular states of men. But the precepts of the Church which regard all states of men are commonly numbered as six. We will speak of the former in the treatise on Particular States; of the latter it will be necessary to speak here. Struggl init.

But here we omit the precept concerning tithes to be paid; since in very many places, by a convention entered into with the Church, or by legitimate prescription, they have been extinguished. Yet the obligation always remains, confirmed by natural law through positive divine law, that the faithful supply what is necessary for the sustenance of clerics exercising the care of souls. But in the aforesaid places provision has already been made otherwise for this necessity. But where neither the aforesaid convention nor legitimate prescription was present, they are still owed and are to be paid to the pastor. Praedial tithes, which are received from lands, are owed to the pastor in whose territory the estates are situated. Personal tithes, which are received from things which someone acquires by his own industry, are owed to the pastor from whom the sacraments are received. - Tithes are owed both from religion as a sign of the universal dominion of God, whence not to pay them is a graver sin of irreligion; and from justice, for those who serve the altar ought to live from the altar; hence under obligation of restitution "tithes are required from debt, and those who are unwilling to give them invade another's goods." St. Thomas, 2. 2, q. 87.; Quodl. 2, a. 8.; Quodl. 6, a. 10.; L. 1. 3, n. 42.; H. A. tr. 20, n. 85.; tit. de Decim.; Trid. s. 25, C. 12 de R.; Conc. Plen. Amer. Lat. n. 832, 833.; E. M. In the Catechism published by order of the Holy Father Pius X on 18 Oct. 1912 and edited in 1913, the precept of paying tithes is not had. But in its place the fourth precept is put: To assist the necessities of the Church by contributing according to the laws or customs. Here likewise we omit the prohibition of the solemnity of nuptials. For it is treated in the treatise on Matrimony. In the aforesaid Catechism of the Holy Father Pius X, the fifth precept of the Church is: "Not to celebrate weddings solemnly in prohibited times."

What is the first and second precept of the Church? The first is that the faithful honor feasts instituted by the authority of the Church, especially by abstaining from servile works, C. 1 seqq. de Consecr. D. 3.; tit. de Feriis. The other is that at least on Sundays and feasts the faithful be present at sacred worship, C. Missas de Consecr. D. I. Hence these two precepts are intimately connected with each other. Struggl l. c.; Gousset 1091. In the praised Catechism of Pius X five precepts of the Church are numbered, of which the first is: "To hear Mass on Sunday and the other commanded feasts."

What is the power of the Church to institute feast days? The Church enjoys the power of instituting feasts and of commanding their sanctification under grave obligation to all the faithful, as one which has received from Christ all power in order to the spiritual good of the faithful. The Pope alone can proclaim feasts for the universal Church, because he alone enjoys jurisdiction over the universal Church. Bishops also can institute feast days in their own diocese; for they have the faculty of making laws in their own diocese. Yet from C. Conquestus ult. de Fer. Bishops are forbidden to establish new feasts without consulting the clergy and faithful. But whether at present Bishops can still institute new feasts, the first opinion affirms, provided they are instituted in honor of Saints, not of Blesseds, with the counsel of some clerics employed; yet they are admonished that they should strive to abstain. Urban VIII, C. Universa, 13 Sept. 1642.; Bonac. tom. 2, d. 6, q. un., p. 1, n. 3 seqq. The second opinion denies it from the Response of the S. R. C. 23 June 1703, n. 2113. And a Bishop certainly could not institute new feasts in those places in which, with Governments or the Bishops themselves requesting, the Holy See willed, by determining the number of feasts, to establish a uniform manner for all of sanctifying feast days. Bouix de Iur. Liturg. p. 4, c. 4.; E. M. Cf. following number.

Which are the feast days to be observed? - Many feasts were formerly instituted, which in the course of times went into desuetude, or were abolished by ecclesiastical authority itself. Urban VIII, C. Universa, 13 Sept. 1642, suppressed many feasts and established a new list of feast days for the universal Church. To this catalogue must be added the feast of the Immaculate Conception of the B. V. M., Clem. XI, C. Commissi nobis, 6 Dec.

1708. But from these some less solemn ones, such as feasts of the Apostles, were later diminished, namely by the prohibition of servile works being removed; and these thereafter in some places were entirely abrogated. But some also from the more solemn ones were in some places transferred to Sunday. But, both as regards those abrogated and those transferred, nothing at all was changed as regards the office and Mass, ecclesiastical functions and choir, all of which therefore must be observed as before the abrogation or transfer. S. R. C. 18 Oct. 1818, 23 May 1835. Understand a perpetual transfer: for if a transfer is sometimes made on account of some impediment, only the office, not the observance of the feast, is transferred. Likewise nothing was changed as regards the obligation imposed on pastors of celebrating Mass for the people, and therefore one must still stand by the catalogue of Urban VIII. Pius IX, C. Amantissimi, 3 May 1858. - L. 267. Pius VI, on account of the calamity of the times, condoned for the Roman faithful the obligation of celebrating certain feasts. But these following are: namely feasts of the Holy Apostles, besides the solemnity of Saints Peter and Paul; the two weekdays which follow Easter and Pentecost; the Finding of the Holy Cross; the feasts of St. Anne, St. Lawrence, St. Stephen, the Holy Innocents, St. Sylvester, the Nativity of St. John the Baptist, the feasts of St. Michael and St. Joseph; yet the last three were afterward restored. In France, after the Indult of Cardinal Caprara, 9 Apr. 1802, from the concession of the Supreme Pontiff Pius VII, only four feasts besides Sundays remain of precept for the faithful, namely 1. the Feast of the Nativity of the Lord; 2. of his Ascension; 3. of the Assumption of the B. Virgin Mary; 4. the Feast of All Saints. From the same Indult the feasts of the Epiphany of the Lord, of the Most Holy Body of Christ, of the Holy Apostles Peter and Paul, and of the Holy Patrons of each diocese and parish are to be transferred to the Sunday next occurring. The remaining feasts, formerly commanded, are now celebrated on the same days as before, but without any obligation for the faithful. In the United States of America, from the concession of Leo XIII, 25 Nov. 1885, only six feast days are to be observed: 1. of the Immaculate Conception of the B. V. M.; 2. of the Nativity of Our Lord Jesus Christ; 3. of the Circumcision of Our Lord Jesus Christ; 4. of the Ascension of Our Lord Jesus Christ; 5. of the Assumption of the B. V. M.; 6. of All Saints. The solemnity of the feast of the Most Holy Body of Christ and of the Holy Apostles Peter and Paul is transferred to the Sunday next following.

For Spain, Pius IX conceded by Decree 2 May 1867: 1. that there be derogation from the precept of hearing Mass on feast days of the second order, commonly called Mass days; 2. that there be derogation from the same precept and moreover from the precept of abstaining from servile works on Monday after Easter and after Pentecost, on the day immediately following the feast of the Nativity of Our Lord Jesus Christ, and on the day of the Nativity of the B. Virgin Mary and of St. John the Baptist; 3. that in each diocese only one principal Patron be venerated, who must be designated by the Holy See. Wherefore besides Sundays the feasts still in force are those of the Nativity of Our Lord Jesus Christ, Circumcision, Epiphany; Immaculate Conception, Purification, Annunciation, Assumption of the B. Virgin Mary; Ascension of Our Lord Jesus Christ; Corpus Christi; Saints Peter and Paul, St. James the Greater; the feast of All Saints and of the Principal Patron of each diocese. But by Decree 12 Dec. 1867 the feast day of the Nativity of the B. Virgin Mary was restored. Finally, by Decree 28 Jan. 1890, in Spain and in regions subject to it, as also previously in several regions of Italy, the feast of St. Joseph is again to be observed as of precept. A. S. S. v. 24, p. 192.

To the feasts which the Church celebrates it was moreover licit to add the feast of the Patron, not Titular, or of one of the principal Patrons: 1. of a kingdom or diocese; and 2. of a place, where they happened to be had or venerated. Urban VIII, C. Universa; Pius VI, B. Ex quo divina, 7 June 1780. And where each feast has been introduced, each must be observed. S. R. C. 22 Mar. 1817. But it is not licit to choose Patrons except with the consent of the people and clergy and Bishop, and these Saints, not Blesseds, with the cause of the election known and approved by the S. R. C. Thus the same S. R. C. 23 Mar. 1630. - Ferrar. v. Festa n. 2 seqq.; L. 266.; E. M. But to the feasts which the Church celebrates it is no longer licit to add the feast of the Patron. At present, from the Motu Proprio of Pius X, Supremi disciplinae, 2 July 1911, concerning feast days, the feast days of Patrons are not subject to the ecclesiastical precept of hearing Mass and abstaining from servile works. Local Ordinaries can transfer the external solemnity to the Sunday next following. From S. C. C. 3 Apr. 1909, feast days recently suppressed are: In the Latin Patriarchate of Jerusalem there have been suppressed the feasts of the Holy Apostles Philip and James, St. John the Evangelist, and the Finding of the Holy Cross outside the city of Jerusalem, and also the second weekdays after Easter of the Resurrection and the second weekdays after Pentecost. - In the Apostolic Vicariate of Egypt the obligation of hearing Mass on the feast of St. Mark the Evangelist, 25 Apr., has been suppressed. In the Archdiocese of Munich and Freising the feast of St. Benno, 16 June, has been suppressed, transferred perpetually to the Sunday next following, with the obligation also of applying Mass for the people removed. In the Archdiocese of Bologna there have been suppressed the second weekday after Easter and Pentecost, the day immediately following the Nativity of the Lord, and the feasts of St. Anne, 26 July, St. Sylvester, 31 Dec. By common law now, from the Motu Proprio of Pius X, Supremi Disciplinae, 2 July 1911, the feast days besides Sundays are eight: the Nativity, Circumcision, Epiphany, and Ascension of Our Lord Jesus Christ, the Immaculate Conception and Assumption of the B. V. M., the Blessed Apostles Peter and Paul, All Saints. If any feast from those enumerated has legitimately been abolished or transferred, let nothing be changed without consulting the Apostolic See. But if Bishops judge that some feast from those abrogated should be preserved, let them refer the matter to the Holy See. If on any of these feasts a day of abstinence or fast falls, dispensation is given from each; and the same dispensation from abstinence and fast exists on feasts of Patrons, if those fall on these feasts, and they are celebrated with a great concourse of people.

Feast days to be observed in Missions must thereafter be observed in places separated from the former Mission. On feasts suppressed by the very recent Motu Proprio Supremi disciplinae, of the Most Holy Body of Christ, - of the Purification, Annunciation, and Nativity of the B. V. M., - of St. Joseph, spouse of the B. V. M., of St. John the Baptist, and of the Patron of each place or diocese, the obligation of making the Sacred Offering for the people remains. S. C. C. 8 Aug. 1911. In cathedral and collegiate churches, as regards the solemnity of Masses and Vespers in the choral office, the same things are to be observed as before the suppression. S. C. C. 8 Aug. 1911. By force of the very recent law, feasts from vow or statute, sanctioned even by ecclesiastical authority, are declared to be excluded from the number of feasts to which the obligation of hearing Mass adheres. S. C. C. 8 Aug. 1911. The law concerning feast days to be observed has been declared to be immediately in force. Namely, once it has been promulgated, the obligation concerning the observance of feasts on suppressed feast days now ceases altogether. S. C. C. 8 Aug. 1911. Faculty is granted to the Ruthenians, in the Canadian region and in the United States of North America, of observing feast days and fasts according to the custom of the places in which they live. Yet on Sundays and feasts falling in each rite on the same day, the Ruthenians are held to be present at the sacred liturgy in the church of their own rite, if it exists in the place. S. C. de P. F. 8 Aug. 1913, art. 33.; Pius X, XVIII Kal. Jul. 1907, art. 26. Whenever the feast of the Annunciation of the B. V. M. is impeded either on Friday in Parasceve or on Holy Saturday, as often as this occurs it is to be celebrated on Monday after Low Sunday with solemnity and cessation from work. S. R. C. 23 Apr. 1895, n. 3850. If on Friday in Parasceve another feast of precept falls, e.g., of the Patron, the precept of hearing Mass is not had, while the precept of abstaining from servile works remains. S. R. C. 20 Mar. 1706, n. 2164.; 10 Dec. 1773, n. 2305. If another feast falls on Holy Saturday, the transfer of the office and the obligation of hearing Mass to another unimpeded day is remitted to the judgment of the Bishop, S. R. C. 7 Aug. 1694, n. 1911.; or the obligation of hearing Mass ceases, while the obligation of abstaining from servile works remains, S. R. C. 2 Sept. 1903.

1. The law of abolition of tithes having been proclaimed, Ambrosius the pastor remains uncertain whether he can receive the pension assigned to him by the Government as compensation; and insofar as he can receive this pension, whether he can at the same time receive the tithes of those parishioners who still voluntarily offer them.

Q. What as to the Case?

R. Ambrosius seems able to receive the pension assigned by the Government, by title of compensation by reason of damage on account of the abolition of tithes made by that Government. Likewise Ambrosius seems able still to receive the tithes voluntarily offered to him by good parishioners who still wish to fulfill this obligation. For on account of the abolition of tithes they are not exempted from the obligation of paying tithes; nor consequently does the pastor lose the right of receiving them, if they are offered. This is confirmed from Resp. S. Poenit. 1860: “They can, according to the oracle of the Most Holy Lord, by title of mere compensation for damage inflicted on them by the Government on account of the impeded exaction of tithes, receive the pensions assigned by the Government; first having been made, either by the Ordinary of the place in common, or by any one of the said pastors or ecclesiastics in particular, a protestation that by a perception of this sort the abolition of tithes made by the Government is in no way recognized or approved; and the debtors of the same tithes having been cautiously admonished that they are not, by force of the law passed by the Government, freed from the burden of paying the same.” Scav. l. 4. n. 237; I. M. 1548.

2. A certain bishop, in order to foster the devotion and piety of his people, in the visitation of the diocese constituted in individual cities and towns a feast day to be celebrated in honor of the Saint, Patron of the place. But he established two feast days to be celebrated in the whole diocese, namely in honor of the Saint, Patron of the whole diocese, and in honor of the Saint, titular of the Cathedral Church.

Q. What as to the Case?

R. Bishops can institute some feast in honor of Saints, not Blesseds, at least with the consent of clergy and people, which is judged sufficiently present if they do not contradict, from C. Conquestus 5. de Feriis. Nevertheless Urban VIII, C. Universa, 15 Sept. 1641, admonishes bishops not to be easily induced to instituting new feasts, but that they should strive to abstain. Lig. l. 3. n. 266. Moreover by the aforesaid [Constitution] of Bl. Urban VIII it is conceded that the feast be celebrated “of one of the more principal Patrons in any Kingdom or Province, and likewise of another more principal one in any city, town, or village, where it happens that these Patrons are had and venerated.” Enchir. Mor. 1551. But today it is not lawful to choose Patrons except Saints, not Blesseds, and except with the consent of the people and clergy and bishop, and except the cause be brought forward and examined in the S. R. C. Therefore it will be lawful for the bishop, with the consent of clergy and people, to add the feast of the Patron, not of the Titular, or of one of the principal Patrons, both of the diocese and of each place. S. R. C. 23 Jun. 1703, Concordiae; Ferraris v. Festa n. 2 seqq., 141; I. M. 1550.

(cc. 1243-1249)

Utility. - I. Concerning positive sanctification. The apostolic man must first of all endeavor to persuade not a merely literal observation of the precept, but also the true religious intention of these prescriptions. For solving cases it will be especially useful to him to have distinct concepts concerning the necessity of assistance and of presence at Mass, and to discern well the causes of excuse. Yet he will admit these in such a way that at the same time he is solicitous for fostering religious learning and practice in those who are often compelled to be absent from sacred offices.

II. As to negative sanctification, an accurate, filial, non-Judaic manner of abstaining from servile works must be obtained from Christians. For himself the priest will have to form a criterion for estimating what things are certainly licit or not licit, and what are legitimate excuses.

— Appendix XVII belongs to this section. I. Historical. Cf. Appendix XVII.

II. Nature of the precept. The precept of sanctifying feasts is natural, insofar as it requires that some time be spent in worshiping God; insofar as it imposes some participation in the sacrifice of the New Law, it is of positive divine law; insofar as it prescribes Sunday and festive assistance at Mass and cessation from labor, it is of ecclesiastical law. For the divine law itself of the Old Testament concerning hebdomadal rest was abrogated by the promulgation of the New Law. And the positive part and negative part of the precept stand in an inverse manner in each Testament. In the Old Testament the principal obligation was of sabbatical cessation; in the New Testament the positive sanctification of feasts holds the first place with the Church and the faithful.

— By what power feasts are governed. Today, there is reserved to the supreme ecclesiastical authority not only the institution and abrogation, but also the translation of festive days, whether common to the universal Church or special; and it is conceded to local Ordinaries only that by way of an act they may command a feast day for their dioceses or places (c. 1244).

It is also sometimes indulged to them that they transfer the solemnities of certain feasts which are not of precept to the nearest following Sunday (except in a year when the feast falls on a Sunday), which is conceded by c. 1247, §2 itself concerning the feasts of patrons (of the kingdom and of the place).

— Feasts to be sanctified. "Feast days under precept in the universal Church are only: all and individual Sundays, the feasts of the Nativity, Circumcision, Epiphany, Ascension, and Most Holy Body of Christ, of the Immaculate Conception and Assumption of the kindly Mother of God Mary, of Saint Joseph her spouse, of the Blessed Apostles Peter and Paul, and finally of All Saints" (c. 1247, 1).

The legislator, however, did not will that, without the Holy See having been consulted, anything be innovated in places where some feast from those enumerated has been legitimately abolished or transferred. Meanwhile those regions will preserve their own particular discipline (c. 1247, §3).

With attention to the declarations of the Pontifical Commission, you would say that one must understand only particular discipline introduced by concordats, indults, or custom, but not that which resulted for the universal Church from the Motu Proprio Supremi disciplinae of Pius X, July 2, 1911. For by the said Motu Proprio, Pius X had abrogated the feasts of the Most Holy Body of Christ and of Saint Joseph, whose universal celebration nevertheless the Commission sufficiently urges by its responses.

The same Commission, by its various responses, regards as abrogated the proper feasts of regions not contained in the said catalogue, so that the words "in the universal Church" seem to be joined rather with the following word "are" than with the preceding words "under precept."

Therefore the signification is not: "With attention to the general law, only these must be observed," but rather this: "No others, in the universal Church, wherever you may be, are feast days under precept."

— Force of the precept. On feast days of precept, Mass must be heard, and besides, one must abstain from various works or acts. On the same days sacred ordinations can then be made for a grave cause (c. 1006); proclamations of banns also are made; and Mass must be celebrated by pastors for the people. By a response, however, of February 17, 1915, for Mass for the people, the catalogue of Urban VIII was restored, of which afterward a new quasi-promulgation was made by the Sacred Congregation of the Council, December 28, 1919 (A.A.S., XII, p. 42).

Therefore for that obligation of pastors these feasts are to be added: Monday and Tuesday after the Sunday of Easter and Pentecost; Finding of the Holy Cross; Purification, Annunciation, Nativity of the Blessed Virgin Mary; Dedication of Saint Michael; Nativity of Saint John the Baptist; days of the Holy Apostles Andrew, James, John, Thomas, Philip and James, Bartholomew, Matthew, Simon and Jude, Matthias; day of Saint Stephen; day of the Holy Innocents; day of Saint Lawrence; day of Saint Sylvester; day of Saint Anne; day of the holy patron of the place.

— Computation of the feast day, excepting the acquisition of indulgences (c. 923), is made from midnight to midnight.

— Gravity of the precept. The obligation of observing feasts is grave, as is also established from proposition 52 condemned by Innocent XI, and it binds all and only the baptized who enjoy the use of reason and have completed seven years (c. 12).

From the beginnings of the Church the faithful began to appoint for divine service one day of the week, the day which they called the Lord's day (Apoc., I, 10) because of the resurrection of Christ. But while the sanctification of the sabbath was chiefly contained in observing sacred rest, the Lord's day was rather sanctified by the divine offices at which all were accustomed to be present. For on that day Christians came together to break the Eucharistic bread and to sing divine praises, which is proved for us by the sacred books of the New Testament (Acts of the Apostles, 20, 7; 1 Cor. 16, 2; Apoc. 1, 10).

Also as a sign of joy, "on the Lord's day we deem it unlawful to fast, or to adore on the knees" (Tertullian, De corona militis, 3, P. L., 2, 70). This interruption of fasting and, according to many, the recitation of prayers with the body erect, was also observed on Saturday, which day, especially in the Eastern Church, was for some time accustomed to be celebrated.

Besides, other feast days also were appointed.

Further, moreover, the obligation of hearing Mass is commemorated from the beginning of the fourth century in the acts of Councils. Cf. the Council of Elvira (306), c. 21; the Council of Sardica (343), c. 11 (Harduin, I, 252 and 647).

As to cessation itself, Tertullian already commemorates it, writing: "On the Lord's day... we ought to beware of every habit and office of anxiety, deferring even business, lest we give any place to the devil" (De oratione, c. 23, P. L., 1, 1191). In the so-called Apostolic Constitutions (a collection composed not earlier than around the year 400) it is prescribed that "servants shall work five days, but on Saturday and Sunday shall be free in the church on account of the doctrine of piety; for we have said that Saturday indeed has the rationale of creation, but Sunday of resurrection" (VIII, 33). Yet the Council of Laodicea (around 361) also witnesses that the discipline of the Church in this matter was mild, since c. 29 forbids Christians to be idle on Saturday, but asks of them Sunday rest if it can be observed; and under the name of a certain Judaism it disapproves the custom of those who on the Lord's day refused to ride on horseback or by carriage or to carry out domestic business. Indeed St. Jerome shows us holy virgins who, on the Lord's day, after the sacred offices had been completed, "were intent upon the work distributed, and made garments either for themselves or for others" (Ep. 108, 19, P. L., 22, 896). Constantine the Great sanctioned the first written law concerning cessation in the year 321, yet excepting the cultivation of fields, "lest by occasion of a moment the advantage granted by heavenly providence perish" (L. 3 Cod. III, 12, De Feriis); by the same edict it is also prescribed that "all judges... shall rest on the venerable day of the sun." This was gladly approved and received by the Church. Thus ecclesiastical judges are prohibited from conducting forensic business on Sunday by the Council of Tarragona, c. 4 (516, Harduin, II, 1428). Spectacles, dances, and indecent songs are prohibited on Sunday in the Fifth Council of Carthage (401, Hefele, II, 8, 81), c. 5, and in the Council of Orleans (538, Harduin, II, 1428), in which servile works which are not permitted to be done on Sunday are already described. Thereafter many decrees occur.

S. Th. II-II, q. 122, a. 4.

685. From what law and to what does the precept of the observance of feasts oblige. - From the law of nature there is a precept of assigning some time to the external worship of God: for there is in man a natural inclination to this, that some time be deputed to every necessary thing, such as bodily refreshment, sleep, and other things of this sort; hence also to divine worship, by which the mind is spiritually refreshed. But positive law establishes the determination of this time and the mode of externally worshiping God: in the Old Testament, indeed, the divine Mosaic law established the observance of the sabbath, but this determination, as being purely ceremonial, ceased when the New Law came, along with the other ceremonies of the Old Law, so that it was not changed into another but was totally abrogated; but in the New Testament, from the time of the Apostles, a custom was introduced and gradually made obligatory, establishing the observance of the first day of the week. To this day the Church has still joined several other feasts, which today are those of the Nativity, Circumcision, Epiphany, Ascension, and most holy Body of Christ, the Immaculate Conception and Assumption of Mary, the gracious Mother of God, St. Joseph her Spouse, the blessed Apostles Peter and Paul, and finally All Saints (can. 1247).

But in certain regions, as in France and Belgium, by territorial privilege they have been reduced to four: the Nativity and Ascension of the Lord, the Assumption of the B. M. V., and the Feast of All Saints. Hence if a Frenchman or Belgian is staying outside his fatherland in a place where the other feasts have not been abolished, he is bound to observe them.

Moreover, the precept of observing feasts includes a twofold part: the one negative, of abstaining from one midnight to the next from servile and forensic works (can. 1248), which are especially apt to draw the faithful away from divine worship; - the other positive, of assisting at the sacrifice of the Mass, concerning which it will be said where sacrifice is treated.

The observance of feasts is enjoined by the third precept of the Decalogue. And indeed, insofar as it assigns the Sabbath day, it is a ceremonial precept, which pertained to the Jews, not to us; but insofar as it assigns some day or time in which one is to be free for sacred things, it is moral, pertaining also to Christians. So D. Thom. prima secundae, quaest. 100. art. 3. ad 3. and 2. 2. quaest. 122. art. 4. Tannerus Tom. 2. disp. 5. q. 1. dub. 2. etc. Tom. 3. disp. 5. q. 5. dub. 1. and others after D. Bonav. serm. 4. in decem praecepta, and in 3. dist. 37. dub. 3. where he adds a certain mixture of the moral and the ceremonial.

For first it commands sanctification at some time, and indeed so that at that time we be free from servile works; for to sanctify the Lord is moral, of which first Peter 3. Sanctify the Lord in your hearts: but to cease from works at that time is moral, insofar as one is freed from those works that stand in the way of the worship of God; but it is also figurative, insofar as we are given to understand that we must abstain from every sin, which is a foul servile work.

Moreover, the keeping of the Sabbath day was ceremonial, to signify God's rest from the works of six days, and the future rest of Christ in the sepulchre, to call men back from death. See S. Thomas.

From this you will easily draw out by what right the institution of the Lord's day for sanctifying God was made.

There were those who said it was introduced by Divine right. So the Author of the supplement to the summa Pisana, v. Dominica, Sylvester there quaest. 1. where he adds also the Nativity of the Lord, Easter, Pentecost, Ascension, Epiphany, the Assumption of the Blessed Virgin, and others, Abbas on cap. Licet de feriis, and nearly Angelus V. feria. Whence they infer that it cannot be taken away by any custom.

The true opinion, however, is that not only the other feasts, but also the Lord's day, were introduced by Ecclesiastical law. So D. Bonavent. serm. 4. in decem praecepta, and in 3. dist. 37. around the text, D. Thom. 2. 2. quaest. 122. art. 4. ad 4. Caietanus there, Antonin. 2. part. tract. 9. cap. 7. Sotus lib. 2. de Iustitia, quaest. 4. and others at Bassaeum here, and at Fagundez de praeceptis Ecclesiae, lib. 1. cap. 2. Suarez Tom. primo de Relig. lib. 2. cap. 4. Tannerus loco citato. So also D. Augustinus serm. 151. de tempore, and Catech. Rom. on the third precept of the Decalogue.

I assert with this opinion, that the institution of feast days is of Ecclesiastical law.

It is proved by D. Bonaventure, because on this there is only Ecclesiastical institution. For all other things, besides the Sacraments and the Sacrifice and faith, were left to the disposal of the Pastors, as Fagundez also notes n. 3. and it is commonly held. It seems indeed to have been handed down by the Apostles, as many Fathers teach, and afterwards confirmed by Canonical law, cap. Primo, c. Sabbatho de consecr. dist. 3. cap. Quoniam, and cap. licet, and cap. conquestus de feriis; and the Emperors confirmed it, as appears under the title de feriis, especially l. 2. and l. omnes dies.

Eusebius also lib. 4. de vita Constantini, cap. 18. and 19. reports that Constantine, embracing the great Apostolic tradition, religiously observed this day and commanded it to be observed.

D. Ignatius epist. 3. ad Magnesianos: In place of the Sabbath every Christian is to celebrate the feast of the Lord's Day, the Royal, and the eminent above all days, of the Resurrection. And D. Clemens libro 7. Const. cap. 71. says: On the day of the resurrection, which we call the Lord's, assemble without any interruption of the assembly for giving thanks to God, and for professing the benefits with which God has favored us through Christ. These indicate human law.

You will object. It would follow that it can be changed by the Church; but it has never yet been changed, which the Doctors commonly teach to be an indication of Divine right, ad cap. licet, and ad cap. conquestus, de feriis.

It is answered, that it can be changed by the supreme Pontiff; nevertheless it has not been changed, because the reason was not present, and besides, the observance is so ancient and perpetual that it would have to be denied even to the guilty, that the Sabbath was instituted by Divine right as a moral precept, for then it would be immutable by the Church. But say that, as to the time, it is now left to the Church, since the ceremonial signification has been fulfilled. See Suarez and Fagundez.

For the reasons of this perpetual and so firm observance of the Lord's day you have many in D. Bonavent. in 3. dist. 37. art. 3. and serm. 4. de decem praeceptis, and serm. 2. Sabbati sancti, Suarez Tom. 1. lib. 2. cap. 4. Azorio Tom. 2. Institut. moral. lib. 1. cap. 2. quaest. 4. Sayro lib. 7. cap. 1. Fagundez loco citato, num. 8. The sixth Synodus Constantinopol. cap 8. comprehends them excellently, and they are reduced to seven. First, because on it God created light. Second, because on it He rained manna on the Hebrew people in the desert. Third, because on it Christ was born, adored by the Magi, baptized by John, on it He rose, and on the same day the Holy Spirit was sent upon the Apostles; Therefore the holy Synod concludes: So great must be the observance of the Lord's day, that besides the prayers and the solemn Masses, and those things which pertain to eating, nothing else be done. You will find nearly these reasons in D. Leone epist. 81. S. Augustino serm. 54. de tempore. S. Thomas adds, that the worship directed to God, which was exhibited on this first day alone, was consecrated to Him by the Pagans. If the feast of the Lord's day is of human law, much more the others, as the Doctors cited above teach.

I assert first that it belongs to the supreme Pontiff to institute feasts throughout the whole world.

The reason is, because he is the universal supreme Pastor, to whom all the sheep have been entrusted: Ioan. 21. as I showed in the first part, Tract. 1. Disp. on the supreme Pontiff. It is the common doctrine, as Fagundez notes lib. 1. de praeceptis Ecclesiae, cap. 3. num. 2. Ballaeus V. Festum 1. num. 3.

I assert second, that Bishops can institute, in their own dioceses only, feasts of Saints already Canonized or Beatified; and as to Canonized saints, this they commonly teach, as gathered at Fagundez num. 3. Suarez indeed lib. 2. cap. 21. extends it even to the beatified, who adds with Fagundez that there is no need of the Pope's confirmation; and as to the Beatified subscribe Bellarminus lib. 1. de beatitudine sanctorum, cap. 7. Fagundez num. 15.

Yet they cannot impose such feasts by right without the consent of clergy and people, cap. conquestus, de feriis, and cap. Pronunciandum, de consecr. dist. 3. So Azor Tom. 2. Instit. cap. 26. quaestio 3. Suarez num. 8. Fagundez num. 8. who nevertheless adds that it can be done by custom, at least for some occasion. But by custom it has been introduced that it be done by the sole consent of the Clergy. Suarez de Relig. lib. 2. cap. 11. Sa V. fest. Sanchez lib. 1. moral. cap. 43. Azor part. 2. lib. 1. cap. 26. quaestio 4. Diana 4. part. tract. 4. resol. 178.

I assert third, that a secular Prince cannot institute feasts to be observed; and if Kings do this without the consent and authority of the Church, it is of no avail, both as to guilt and as to penalty. So Suarez Tom. 1. de religione, cap. 12. Azorius 2. part. Instit. moral. lib. 1. cap. 26. quaestio 5. Fagundez cap. 5. num. 2. Nor can they punish those who labor with the Bishop's license. So the S. Congreg. decreed, as at Diana part. 4. tract. 1. resol. 94.

I assert fourth, that feasts can be abrogated by custom. See Fagundez cap. 6. yet the consent, at least tacit, of the Bishop must be added. So Fagundez num. 7. For the introduction of a feast day, therefore, a custom of ten years suffices; but for abrogation, one of forty years.

I assert fifth, that the time during which feasts last depends on the custom of the place, province, etc. namely whether from Vespers to Vespers, or from midnight to midnight. So commonly, as at Fagundez cap. 6. num. 2. according to the Roman manner indeed, as to servile works, it begins from midnight to midnight, leg. more Romano, ff. de feriis.