Obligations from benefice, precept and promise

Obligation of celebrating by reason of a foundation - In a village of the Archdiocese C., in the year 1862, Peter, a farmer, established by testament: The remaining goods I leave to the parish church for the erection of a foundation of a morning Mass for Sundays and feast days, with the obligation in the said Mass of saying three Our Fathers for the benefactors of this church. That property is equal in price to 5,054 marks. The wife of the said testator Peter had the usufruct for the days of her life. When she had died, a question arose whether the parish priest, who was the only priest in that parish, and who had the faculty of bination, was to be obliged to apply the aforesaid founded Mass according to the mind of the founder or not.

It is asked: What is to be said to the Case?

R. It has been received in Law that, in interpreting last wills, Rule 45 concerning the Rules of Law in the Sixth is especially to be kept before the eyes: In obscure matters we look to what is more probable. Now, as Benedict XIV says, de Sacrif. miss. c. 9, n. 2, it is more probable that he who has founded a benefice or chaplaincy, and has imposed the burden of celebrating Mass, but has added not even a word concerning its application for his own soul, wished the same also to be applied to himself. And this probability is such that the S. C. C. has most constantly followed this rule of interpreting foundations of this kind, as may be seen in the same Benedict XIV, l. c.

Nor indeed is there, in the Case, any contrary presumption. For that imposed burden of reciting three Our Fathers for the founders of the parish church by no means excludes the application of the Mass for the soul of the testator; indeed it rather suggests it. For if this other burden is imposed also for others, it is a sign that the testator reserved the application itself of the Mass to himself alone. Nor can the presumption of the free application of the Mass be drawn any more from the fact that by that foundation the testator wished to provide for the convenience of the parishioners. For this circumstance is not expressed in the aforesaid testamentary clause, and therefore it is not to be asserted to the prejudice of the testator himself. Nor, if it were expressed, would it avail anything unless it were further proved that the foundation had been made on account of the convenience alone of the parishioners. Cf. Lugo, d. 21, s. 1, n. 23. Hence the S. C. C. never declared the free application of a Mass established on account of the convenience of the hearers, except when such circumstances were present that it could rightly be presumed that the founder had exclusively regarded that convenience. Cf. Benedict XIV, Quaest. Can. q. 7. Finally, that the parish priest was alone in that parish, who by Indult had the faculty of bination, and who consequently could not by that founded morning Mass satisfy the imposed burden, does not prove that the Mass is not to be applied for the founder according to his mind in the aforesaid foundation; but this proves only that the Mass for him is to be applied on another day within the week, since that Mass cannot be applied.

Vol. IV, Appendix, Mass for the People · Vol. IV, Appendix, Decree of the Sacred Congr…, May 11, 1904, Masses Annexed to Benefices and Masses Founded in Parishes

And thus, the Doubt being proposed: "Whether the parish priest is to be bound to apply this founded Mass?" the S. C. C., May 20, 1882, replied: "Affirmatively; but if another priest is lacking, the application of the founded Mass is transferred to the first non-impeded day within the week, the matter having been presented to His Holiness." Cf. S. R. C., June 14, 1845, ad 1, n. 2892; A. S. S. vol. 15, p. 200.

Bucceroni, Institutions of Moral Theology

Gennaro Bucceroni, S.J. — 3 passages

Vol. IV, Appendix, Mass for the People

n. ¶1.

To n. 622.

"The obligation still remains for pastors of applying Mass for the people on March 19, on the feast of St. Joseph; on Thursday after the first Sunday after Pentecost, on the feast of the Most Holy Body of Christ; and on June 24, on the feast of St. John the Baptist; and not also on Wednesday before the third Sunday after Easter, on which the feast of the Patronage of St. Joseph is celebrated." Sacred Consistorial Congregation, December 16, 1914; Acta Apostolicae Sedis, vol. 7, pp. 26-27.

Vol. IV, Appendix, Decree of the Sacred Congr…, May 11, 1904, Masses Annexed to Benefices and Masses Founded in Parishes

n. ¶1.

Finally, as regards Masses annexed to benefices, whenever they are handed over to other Priests to be celebrated, the Eminent Fathers declare and establish that the alms must be no other than the synodal alms of the place in which the benefices are erected.

But for Masses founded in parishes and other churches, the alms which is given must be no other than that which is found to have been taxed in perpetuity in the foundation or in the successive indult of reduction, always nevertheless preserving the rights, if there are any legitimately recognized, either for the fabrics of churches or for their rectors, according to the declarations presented by the Sacred Congregation in the Munich case, July 25, 1874, and in the Hildesheim case, January 21, 1898. Paragraph 15.

Hence priests enjoying founded chaplaincies, whether ecclesiastical or lay, cannot commit to other Priests the Masses of their chaplaincies to be celebrated, with the alms established according to their own judgment, but must observe the preceding dispositions of article 15 of the Decree. Sacred Congregation of the Council, December 19, 1904.

Masses founded in churches are Masses whose obligation is perpetual and which have not been erected as a title by authority of the Bishop, and therefore are distinguished from benefices. Ferraris, v. Beneficium, art. 1, nn. 9-10. But for admitting perpetual burdens of this kind, permission of the Bishop is necessary.

n. ¶2.

As regards Masses annexed to benefices, as for example is the Mass for the people to be celebrated by a pastor, nothing is said concerning time and place; for those things are to be observed which would have to be observed by the beneficiary himself. "Preserving the rights for the fabrics of churches": for in favor of the ministers and those serving the churches that portion of revenues can be retained which at the beginning of the foundation, or in another legitimate way, was assigned to them, independently of the special work to be performed for fulfilling the legacy. "Preserving the rights for the rectors of churches": namely when the alms of Masses of certain legacies in part hold the place of the parochial congrua. Paragraph In Monacen.

Gury-Ballerini, Compendium of Moral Theology (8th ed., 1884)

Jean-Pierre Gury, S.J.; notes by Antonio Ballerini, S.J. — 46 passages

Vol. II, Treatise On the Eucharist, Second Part. On the Euchar…, Ch. III, Article II. On the Obligation of Celebrating by Reason of Office · Vol. II, Treatise On the Eucharist, Second Part. On the Euchar…, Ch. III, Art. III, Appendix. For Priests of the Society of Jesus

Vol. II, Treatise On the Eucharist, Second Part. On the Euchar…, Ch. III, Article II. On the Obligation of Celebrating by Reason of Office

n. 361.

I say I: All pastors of souls are bound by natural and divine law to celebrate at some time for their sheep. The reason is that they ought to feed them. This is also established from the Council of Trent, sess. 23, ch. 1, De Reform., where it says: Since by divine precept it has been commanded to all to whom the care of souls is entrusted to know their sheep, to offer Sacrifice for them..., etc.

n. 361.

I say II: By ecclesiastical law, the same persons are bound to celebrate for their sheep on all Sundays and feast days on which the faithful ought to hear Mass. This is established from several decrees of the Church, but especially from the Constitution of Benedict XIV, Cum semper, of August 19, 1744. Not only secular parish priests but also regulars are bound to this; likewise those who are deputed, temporarily or removably, for example, because of the absence or infirmity of the parish priest, to supply his office, such as assistant parish priests. - Benedict XIV, Constitution cited. Indeed, a parish priest placed over two parishes is bound to apply two Masses when feast days recur, unless the union of the two parishes is plenary and extinctive, so that from two parish churches there has become altogether one through the extinction of the title of the other. - S. Congr. of the Council, March 11, 1774. This burden a fortiori rests upon Bishops after they have taken possession of the See, but not upon Vicars Capitular. - S. Congr. of Rites, Nov. 12, 1831. Missionaries and Vicars Apostolic, however, are by no means bound to apply Masses, although it is fitting to do so from charity. - S. Congr. for the Propagation of the Faith, April 1862 ¹.

¹ Namely, a response had formerly proceeded from the Congregation for the Propagation of the Faith as though missionaries were bound to this by a strict obligation of charity. But later, namely in the year 1862, that resolution was rejected by the Sacred Congregation itself. For the rest, the title of charity of which the Author speaks presses missionaries equally, as is evident, and all priests throughout the whole world. Hence the Author here indicates not an office proper to missionaries, but one common to all.

Questions. - QUESTION 1. Can a very poor parish priest accept a stipend for a Mass to be celebrated on Sunday?

Reply. Negatively, of itself. This is established from the declaration of Benedict XIV in the aforesaid Constitution ². - St. Lig., no. 325.

² Nevertheless, in sec. 8 of the same Constitution Benedict XIV grants Bishops the faculty of dispensing so that needy parish priests may, even on feast days, receive an alms from some devout offerer and apply the Sacrifice for him, on this condition, however, that within the week, by applying a Mass for the people, they supply whatever was omitted on the feast days.

QUESTION 2. Is the obligation of celebrating Mass for the people personal?

Reply. Affirmatively. The reason is that it rests upon the parish priest as pastor. Hence parish priests ought by themselves to apply Mass for the people on Sundays and feast days; nor is any custom to the contrary valid.

To a doubt proposed to the S. Congr. of the Council:

What is to be thought of the custom by force of which a parish priest on Sundays and feast days applies a private Mass for some devout benefactor and, being detained by no legitimate impediment, transfers to another priest the burden of celebrating Mass?

The Sacred Congregation replied: The custom in question is not to be regarded. Sept. 25, 1847, in Mechlinien. - See D. Bouix, Treatise on the Parish Priest, p. 590.

QUESTION 3. Does a parish priest satisfy the aforesaid obligation by a private Mass?

Reply. It seems that the answer must be altogether affirmative, because he fulfills the precept of the Church in reality; nor is he bound to celebrate a solemn Mass, or at some certain fixed hour, although the Bishop can prescribe that parish priests by themselves read or sing the more solemn Mass. - Thus D. Bouix, ibid., pp. 591-592.

Moreover, on Sundays and feast days the parish priest ought to celebrate Mass in his own church and not in another, notwithstanding any custom whatever to the contrary. - Thus S. Congr. of the Council, Sept. 15 and Nov. 17, 1629. - D. Bouix, Treatise on the Parish Priest, p. 591 ³.

³ In some places, however, custom provides that if a solemn feast is celebrated in another church subject to the same parish priest, the honor of celebrating a sung Mass with a double stipend is reserved to him by a certain right.

QUESTION 4. If a parish priest has deputed a vicar to celebrate Mass for the people, must he give him a stipend?

Reply. Affirmatively, because it pertains to the parish priest to take care that the parochial Mass, or Mass for the people, is celebrated, nor is the vicar bound to be deprived of a stipend.

QUESTION 5. Is a parish priest or Bishop who is infirm, or prevented from celebrating by some other cause, bound on feast days to have another celebrate for the people?

Reply. The answer is affirmative, because that burden is not only personal, but at the same time real, just like the burden of preaching, which consequently can and ought to be fulfilled through another. - St. Lig., no. 327. - S. Congr. of Rites, May 11, 1720.

QUESTION 6. Is a parish priest who could not substitute another for himself to celebrate for the people on one or another day during the time of a Retreat (Retraite pastorale) afterward bound to apply as many Masses for the people?

Reply. Affirmatively, from the response of the S. Congr. of the Council to the Most Reverend Maupoint, Bishop of Saint-Denis (Bourbon), on Dec. 14, 1859.

QUESTION 7. Are pastors of souls bound to celebrate for the people on feasts suppressed by Pius VI?

Reply. Affirmatively. The reason is that on those days the Church exempts the faithful only from the obligation of hearing Mass and abstaining from servile works; hence the obligation of the parish priest to celebrate for the people continues to bind, just as it bound before. This is established from various Declarations of the S. Penitentiary.

QUESTION 8. Which feasts were suppressed by Pius VI?

Reply. They are the following: the feasts of the Apostles, except the solemnity of SS. Peter and Paul; the two weekdays that follow Easter and Pentecost; the Finding of the Holy Cross; the feasts of St. Anne, St. Lawrence, St. Stephen, the Holy Innocents, St. Sylvester, St. Michael, and St. Joseph. - See what was said in vol. I, no. 476.

QUESTION 9. Are pastors of souls in France bound to celebrate Mass for their sheep on suppressed feast days whose solemnities were transferred to Sunday by the concession of Pius VII in the year 1802?

Reply. Affirmatively. This is established from various decisions of the Holy See, especially from the Declaration of the S. Congregation of the Council of Trent approved by Gregory XVI, in the response given to the Most Reverend Bouvier, Bishop of Le Mans, on June 14, 1841, as well as from the response to the Most Reverend Archbishop of Toulouse on August 6, 1842; and again from the decision of the Sacred Congregation on Sept. 25, 1847.

Therefore, in order that a parish priest may satisfy this obligation, it does not suffice for him to apply Mass for the people on the Sundays to which the solemnity of the Epiphany of Our Lord, Corpus Christi, SS. Peter and Paul the Apostles, the Patron of the place (but not the Titular of the church), and the Immaculate Conception is deferred or transferred, where by Apostolic Indult that feast is celebrated on the second Sunday of Advent; but in addition he is bound to apply Mass on the very day on which the Offices of the aforesaid feasts are commonly recited in the Church ⁴.

⁴ With regard to transferred feast days, an exception must be made when the divine Office also has been transferred to Sunday together with the solemnity. Thus the Constitution of Our Most Holy Lord Pope Pius IX, May 3, 1858: But as regards transferred feast days, We make this one exception, namely, that when the divine Office has been transferred to Sunday together with the solemnity, only one Mass for the people is to be applied by parish priests, since the Mass, which is the principal part of the divine Office, must be judged to have been transferred together with the Office itself.

QUESTION 10. Is there any prescription or custom against the obligation of applying Mass for the people on suppressed or transferred feasts?

Reply. Negatively. This is openly established from the Declaration of the S. Congregation of the Council on Sept. 25, 1847, and especially from the Constitution of Pius IX, Amantissimi, May 3, 1858 ⁵.

⁵ Concerning this obligation with regard to reduced feasts, Pius IX established the following: ... Wherefore, by these letters We declare, establish, and decree that parish priests and all others actually exercising the care of souls ought to celebrate and apply the most holy Sacrifice of the Mass for the people entrusted to them, both on all Sundays and other days that are still observed by precept, and also on those which, by the indulgence of this Apostolic See, have been removed and transferred from the number of feast days of precept, just as the curators of souls themselves were bound to do while the aforesaid Constitution of Urban VIII was in its full force, before the feast days of precept were reduced and transferred.

QUESTION 11. Which feasts were suppressed by Pius VII and transferred to Sunday for France?

Reply. They are the following: the Circumcision, the Epiphany, the solemnity of Corpus Christi, the Purification, the Annunciation, the Nativity, and the Immaculate Conception of the Blessed Virgin Mary, the feasts of SS. Peter and Paul, and of the Patron of the Parish. - Recall what was said in vol. I, no. 476.

Vol. II, Treatise On the Eucharist, Second Part. On the Euchar…, Ch. III, Art. III, Appendix. For Priests of the Society of Jesus

n. 378.

I. A priest of the Society can accept a stipend neither for himself nor for another for the Masses which he says. The same is to be observed also concerning any other sacred ministries. This is established throughout the Institute of the Society. See especially the Epitome, new ed., p. 185. - Lacroix, bk. 4, p. 136.

n. 378.

II. If money is offered for Masses to a priest of the Society or to a Community, it can be admitted through the Superior, not indeed with an obligation, but with a promise of saying, under the title of gratitude, some Masses, or even one or another in individual years. Thus Castropalao. Burghaber, cent. 3, case 25, testifies that Mutius Vitelleschi, the General, so declared. - Lacroix, bk. 6, part 2, no. 146.

n. 378.

III. Likewise, money liberally offered can be accepted, and in turn Masses can be liberally promised, yet in such a way that the latter promise is not as though a compensation or reciprocal payment, as if for stipends, but the money is admitted under the title of alms alone, so that the offerer plainly understands that it cannot be accepted under another title and gives it himself under this same title of alms. - Lacroix, bk. 6, part 2, no. 146.

Hence you will resolve. - 1. A priest of the Society to whom money is offered for Masses to be said can tell the offerer that he will say the Masses gratuitously according to his intention, and in turn ask him to will liberally to apply the money offered to this or that pious cause. Thus the offerer will have a twofold fruit: namely, the ordinary fruit of the Mass, and then the fruit of cooperation in that pious cause. - Thus expressly Lacroix, ibid.

Titius, a priest of the Society, can say Masses according to the intention of Sempronius, a secular priest who accepted stipends for Masses to be said, when the latter can neither restore them, as having been consumed, nor satisfy for all the Masses; because in these circumstances Titius is judged to celebrate the Masses gratuitously from pure charity, as Lacroix, bk. 4, no. 138, gathers from a declaration of Claudius Aquaviva.

If Titius, a priest of the Society, does not indeed receive a stipend, but nevertheless disposes concerning it, for example, if he says to Caius: Give the stipend to this poor man, and I will say Mass according to your intention; or if he says to Sempronius: You accept the stipend, and I will say Mass in your place; he acts unlawfully, because while he thus disposes concerning the stipend through a contract facio ut des, he virtually accepts the stipend and gives it again to another. Each of these is contrary to the vow of poverty ¹. - Pellizzarius. - Lacroix, bk. 4, no. 138. - Sanchez, etc.

¹ Understand the first case in this way: that Titius imposes a strict obligation upon Caius by that agreement; for if he merely asks that Caius do this from liberality, we fall back upon what was defined in the first Resolution and is defined again in Resolution 5. But with regard to the second case, according to the opinion of Michael Vasquez, John Salas, and Castropalao against Sanchez (see Lacroix, bk. 4, no. 139), the reason for the unlawful disposition readily ceases when Titius, having been asked by Sempronius to celebrate some Mass, does this liberally, caring nothing and asking nothing about whether Sempronius has accepted stipends for those Masses or whether he retains them for himself, etc. Some are moved rather by this: by what title Sempronius retains stipends perhaps accepted. But this difficulty also, which otherwise does not at all touch the cause of Titius celebrating Masses gratuitously, has an easy solution. For the one giving the stipends requires this one thing from Sempronius: that he assume the burden of the Masses to be celebrated. But whether he satisfies either by himself or through another, and whether this other celebrates either after exacting a stipend or gratuitously, he does not care, unless perhaps he chose Sempronius to celebrate the Masses because, as the cited Lacroix says, he is believed to say them more devoutly.

If Paul, a man of the Society, supplies for a Chaplain bound by a foundation in singing Mass, he sins in no way, although the Chaplain receives his revenues, because Paul disposes concerning nothing. The same is to be said if he preaches, or otherwise exercises an office for someone who receives the customary honoraria from it. - Lacroix, bk. 4, no. 139.

1. If Sempronius, a parish priest who has already accepted a stipend, asks Titius, a priest of the Society, to supply for him in saying Mass, Titius will lawfully supply, provided that he disposes concerning nothing of the stipend. - Lacroix, bk. 4, no. 139. - Vasquez. - Salas. - Castropalao, against Sanchez. The reason is that the stipend is not even virtually received by Titius, since he disposes concerning nothing of it, and it is altogether indifferent to the one who gave the stipend by whomsoever the Mass is said. This is confirmed: if Titius, being about to go to Paris, were gratuitously to carry letters in favor of Sempronius, for the carrying of which Sempronius had been hired for a wage, Titius certainly would not act against poverty, nor would he be judged to acquire the wage for himself and donate it to Sempronius. Therefore, it is similar in our case. - Lacroix, ibid.

You will say: Sempronius has no right or title to retain those stipends except by means of the Masses of Titius; therefore, Titius, by saying the Masses, confers upon him the right and title to retain the stipends, and consequently it is the same as if he accepted the stipends and gave them to Sempronius.

Reply. I deny the antecedent; for Sempronius has the right and title to retain them by force of the innominate contract do ut facias, by which he is bound to have the Masses said either by himself or through another. But he is relieved of this burden by Titius, who merely supplies the Masses as a condition without which Sempronius could not enjoy that right and title of retaining the stipends. - Lacroix, ibid.

Vol. III, Pt. II, Tr. IV, Sect. II, Ch. II, Article II. On the Obligation by Reason of Office · Vol. III, Pt. II, Tr. IV, Sect. II, Ch. II, Article III. On the Obligation by Reason of a Benefice · Vol. III, Pt. II, Tr. IV, Sect. II, Ch. II, Article V. On the Obligation by Reason of a Promise · Vol. III, Pt. II, Tr. IV, Sect. II, Ch. II, Article VI. On the Obligation by Reason of Obedience

You will say again: At least Decree VIII of Congregation XII stands in the way, prohibiting the General himself from applying the Masses which are celebrated according to his intention... by priests of the Society, according to the intention of any other person who could derive gain from it.

…and 6 more passages — all of them are listed on the topic page.

Vermeersch, Theologia Moralis

Arthur Vermeersch, S.J. — 5 passages

Vol. III, Bk. II, Tr. IV, Ch. II, Article I: Various Sources of Obligation

n. 289.

— 1. The Priestly Order Itself, from the present discipline, obliges all priests to celebrate the sacred rite several times a year (c. 805); and the bishop or religious Superior must take care that, at least on individual Sundays and feasts of precept, they perform divine things (c. 805).

From the present discipline, I say, which by a sufficiently common opinion of classic doctors has been introduced or manifested. And they hold that there is a grave obligation of sacrificing three or four times a year.

But with positive law set aside, it will be lawful with St. Bonaventure, in 4 Sent., d. 12, p. 2, art. 2, q. 1; Lugo, Euchar., d. 20, n. 2; d'Annibale, Summula, III, 163 (10); Ballerini-Palmieri, IV, 1005, 1006, to deny the efficacy of the demonstration by which St. Thomas, 3 p., q. 82, art. 10, Suarez, Vasquez, Laymann, and St. Alphonsus, l. 6, n. 313, wish to derive that obligation from natural or divine law. For in so great a number of priests, complete abstinence of some does not take away in the Church of God that number of Masses which is equal to worshipping God duly and impetrating graces; the cited place, 2 Corinthians 6:1, "We exhort you not to receive the grace of God in vain," is not to the point, since it treats of vocation to faith and to salvation, nor do the words sound as a precept. Besides, St. Jerome never celebrated Mass, nor was he alone in abstaining from celebration; St. Ignatius himself omitted celebration for a whole first year. But, as is evident, today the pious use of daily celebration is very much to be commended.

n. 290.

— 2. Precept of a Superior. Let us distinguish celebration and application of Mass.

Celebration, as long as he judges it commanded by necessity of the Church, the proper territorial Ordinary does not indeed seem able to prescribe directly, but from c. 128 he is permitted to impose on a priest not impeded a function with which this obligation is joined.

The application of Mass itself can be commanded to all by the Supreme Pontiff; and to religious subjects, from the manner in which the vow of obedience is customarily understood, by the competent Superior. Indeed Lehmkuhl, II, 283, thinks that the obligation of justice of celebrating for stipends, which he himself has undertaken for the community, can be transferred by the Superior to individual professed persons. It is controverted whether or not a bishop or Superior, who can command by jurisdiction alone, has power for commanding application. R. P. Cappello, op. c., I, 689, admits the power.

Yet a precept of this kind is opposed to received usage. Cf. Lehmkuhl, II, 282; Wernz, III, 583.

Recently, however, on May 8, 1920, in the Vigevano case, the Sacred Congregation of the Council judged that, by force of an apostolic indult by which a faculty is made to a bishop "of dispensing priests exercising care of souls from the obligation of sacrificing the Mass for the people, of permitting priests repeating Mass on a feast day that they may have power to apply the second Mass according to the mind of the Ordinary himself, for the effect of spending the alms in favor of the Seminary," by force, I say, of such an indult, a right belongs to the bishop of prescribing the application of which there is question, so that, this episcopal prescription having been made, it is no longer free to the pastor on those days to sacrifice for the people, nor to the priest binating to celebrate the other Mass gratis for another intention (A. A. S., XII [1920], p. 536 ff.).

But application of Mass can be prescribed under grave sin (St. Alphonsus, l. 6, n. 317).

n. 291.

— 3. Care of Souls. After the sacrifice of Holy Mass was instituted, by divine-natural law pastors of souls, whether secular or regular, must sometimes sacrifice for their sheep. This is more of absolutely divine law in bishops, since the very function is of divine institution. Cf. the dissertation of Tarquini, J. S. S., I, 389 ff. In what way the Church has now defined the obligation of bishops, quasi-bishops, pastors, and quasi-pastors, we saw above, nn. 87, 89-92, 94-96.

Yet concerning the strict obligation of regular Superiors it is not certain. Cf. Cappello, op. c., I, 640.

n. 292.

— 4. Burden of a Benefice. A beneficiary must, under mortal sin and the debt of compensating, celebrate as many Masses, whether by himself or through another, according as the mind of the founder forbids or permits this option, as the letters of foundation require.

If the chaplaincy⁽¹⁾ was manual, or consists in Masses not properly founded but to be cared for by a private person, and for each Mass a certain alms is handed over, this whole alms is owed to the celebrant. But if individual stipends do not correspond to individual Masses, it is enough that the beneficiary provide a congruent alms to the celebrant, unless something else has been provided in the tables of foundation.

Without an apostolic indult, it is not lawful for a bishop to reduce burdens of Masses because the assigned revenues are unequal to the tax to be paid today, unless the founder himself has made this faculty to the bishop.

But if the revenues themselves have entirely failed, without fault of the beneficiary, the beneficiary, from the common opinion, is no longer held by celebration.

But if they have decreased: either a competent alms was assigned to each Mass, to be estimated from the time of the foundation, as if he said: "I bequeath such an olive grove to the fabric of the church with the burden that from the annual fruits one hundred stipends of two francs be taken for as many Masses"; then according to the increase or diminution of revenues, the number of Masses will have to be increased or diminished; or the testator defined the number of Masses absolutely; then some permitted that, from the mind of the testator, the beneficiary diminish the number of Masses pro rata, if from the revenues he no longer drew that tax which from the ancient computation was congruent. Others opposed this opinion, and St. Alphonsus did not dare to judge concerning its probability. But now, from c. 1517, §2, recourse must be had to the Holy See for that reduction of Masses.

Permission of the Holy See, which is not denied, is also to be sought so that one can use the Italian law which, with a certain tribute paid, makes an abundance of freeing goods of a chaplaincy from pious burdens, while nevertheless the obligation of fulfilling these burdens remains.

He who by reason of a benefice is held to daily celebration must also, unless a diverse intention of the founder is certain, apply Mass for the founder.

A beneficiary impeded by an illness not prolonged need not substitute another for himself or compensate omitted Masses: for the obligation is to be interpreted in a human manner; and honorable masters themselves condone these impediments to servants. But an illness of fifteen days, indeed of one or another month, is not judged prolonged, as Lugo probably estimates, Euchar., d. 21, n. 49, according to the testimony of St. Alphonsus, VI, 333. But other impediments, even just ones, of business ought not to harm the founder. Wherefore the beneficiary must satisfy through another the burden which he himself cannot fulfill, or afterward supply it himself, at least when the burden is real. For if the burden was personal of daily celebration, he can omit it as often as a reasonable cause occurs (Sacred Congregation of the Council, September 18, 1683). The common opinion also permits the same one, unless the tables of foundation prescribe stricter things, to offer the sacred rite four or six times a year for himself or for persons joined by blood or friendship, gratis.

⁽¹⁾ By the name of chaplaincy is designated a simple benefice which, because of the burden of celebrating Mass, is judged to give care of a chapel or oratory.

n. 293.

— 5. Voluntary Promise. a) This can be a vow; its matter is judged grave. It can be a gratuitous promise: unless the one promising expressly bound himself under grave guilt, the obligation is judged to be of fidelity, and therefore light. Finally it can be onerous, or from contract. Here, from c. 826 itself, manual stipends, stipends after the manner of manual, and founded stipends, or founded Masses, are to be distinguished.

"Stipends which are offered by the faithful for Masses, whether from their own devotion, or, as it were, into the hand, or from an obligation even perpetual made by a testator to his own heirs, are called manual" (c. 826, §1). Stipends of founded Masses which are handed to other priests are called after the manner of manual, whether by law or from an indult of the Holy See, because they cannot be applied in their own place or by those who would have had to apply them according to the tables of foundation (c. 826, §2). Finally, stipends which are received from the revenues of foundations are called founded.

By what reason the use of demanding a stipend for Masses is pure from all simony, we saw in the prior special part, where there is question of the virtue of religion and the sin of simony.

The breadth of the matter seems to demand that we treat these arguments in distinct articles.

Prümmer, Manuale Theologiae Moralis

Dominic M. Prümmer, O.P. — 10 passages

Vol. III, Pt. II, Tr. IV, Sect. II, Ch. II, Article II. On the Obligation by Reason of Office

n. 254.

254. Principle. All pastors of souls are bound by divine law to apply Mass for their subjects sometimes, and by ecclesiastical law on certain days.

Explanation: 1. Who are pastors of souls. All those are considered pastors of souls upon whom, by reason of their office, the care of souls is incumbent, such as the Supreme Pontiff, residential bishops, abbots nullius, superiors of an exempt clerical religious institute, pastors, quasi-pastors, and any who are deputed by competent authority to discharge by office the function of a bishop or pastor, such as the administrator of a diocese (but not the vicar general), or the administrator of a parish when the pastor is deceased or impeded. Since religious superiors are true pastors of their subjects, and this in a more perfect manner than pastors, there seems to be no doubt that they are bound by divine law to apply Mass for their subjects sometimes. But even today common ecclesiastical law has not determined the days on which they are obliged to apply Mass. Since titular bishops do not have a flock committed to them, they are not indeed strictly bound to the application, "but nevertheless, if account is taken of episcopal equity and charity, it cannot but seem fitting that they also sometimes offer sacrifice, so that God may look upon the miserable condition of those Churches by whose title and name they themselves are honored."³³³ What has been said of titular bishops does not apply to vicars apostolic and prefects of missions, since they are true Ordinaries. Therefore these are sometimes bound to apply Mass for the flock committed to them, as will be said below. Whether so-called military pastors, or pastors of soldiers, are bound depends upon particular law. In Spain the military clergy are not bound.³³⁴ In the Eastern Church pastors of souls are indeed obliged to apply Mass for the people, but they are not strictly bound to the days determined in the Western Church.³³⁵

³³³ Thus Leo XIII, Constitution In suprema, June 10, 1882; cf. Code of Canon Law, c. 348, § 2.

³³⁴ Sacred Congregation of the Council, May 22, 1909 (Acta Apostolicae Sedis I, 554).

³³⁵ Cf. Sacred Congregation for the Propagation of the Faith, March 23, 1863, and November 8, 1882.

n. 255.

255. 2. Obligation by divine law. Divine law binds all pastors of souls sometimes to say and apply Mass for the flock committed to them.

"For every high priest taken from among men is appointed for men in those things that pertain to God, that he may offer gifts and sacrifices for sins."³³⁶ Wherefore the Council of Trent³³⁷ says in express words: "Since by divine precept it has been commanded to all to whom the care of souls is committed to know their sheep, to offer sacrifice for them...." Indeed, even the natural law itself commands that a pastor of souls, by force of the contract entered upon and the office received, foster and procure to the extent of his powers the spiritual salvation of his sheep. But this seems to be impossible unless the faithful from time to time assist at the sacrifice of the Mass and receive not only its general fruits but also its ministerial fruits. Therefore a pastor of souls, from the very nature of his office, is bound sometimes to say Mass for the flock committed to him. Although pastors of souls are bound by divine law to apply Mass sometimes for their faithful, nevertheless it has been established by ecclesiastical law alone when this application is to be made and under what conditions this obligation is incumbent.

³³⁶ Heb. 5:1.

³³⁷ Session 23, c. 1, on reform.

n. 256.

256. 3. Obligation by ecclesiastical law. Ecclesiastical law has issued particular statutes concerning pastors of souls, who are: 1. residential bishops and capitular vicars;³³⁸ 2. abbots nullius;³³⁹ 3. vicars and prefects apostolic;³⁴⁰ 4. pastors;³⁴¹ 5. quasi-pastors.³⁴²

Days of application. a) The days on which residential bishops, capitular vicars, abbots nullius, and pastors must apply Mass for the people are all Sundays and the following feast days:³⁴³ 1. the Nativity of the Lord; 2. the Circumcision; 3. the Epiphany; 4. the Resurrection of the Lord, with the two following days; 5. the Ascension; 6. Pentecost, with the two following days; 7. the Most Holy Trinity; 8. Corpus Christi; 9. the Finding of the Cross; 10-14. the Purification, Annunciation, Assumption, Nativity, and Immaculate Conception of the Blessed Virgin Mary; 15. the Dedication of St. Michael; 16. the Nativity of St. John the Baptist; 17. Saints Peter and Paul; 18. St. Andrew; 19. St. James; 20. St. John the Evangelist; 21. St. Thomas the Apostle; 22. Saints Philip and James; 23. St. Bartholomew; 24. St. Matthew; 25. Saints Simon and Jude; 26. St. Matthias; 27. St. Stephen the Protomartyr; 28. the Holy Innocents; 29. St. Lawrence, Martyr; 30. St. Sylvester, Pope; 31. St. Joseph; 32. St. Anne, Mother of Mary; 33. All Saints; 34. the patron of the kingdom; 35. the patron of the place.

Since many of these feasts are suppressed today, if any of them, impeded by a feast of higher rite, is transferred to another day, the application is then no longer obligatory on the day of transfer.³⁴⁴ Hence, for example, if the feast of St. Matthias, falling on the First Sunday of Lent, is transferred to another day, the pastor is not bound to apply Mass for the people on this other day. If these feast days are celebrated on a Sunday, the pastor can then satisfy the twofold obligation with one Mass; likewise if these feasts are transferred by pontifical indult to a Sunday, as, for example, in Germany the feast of the Nativity of the Blessed Virgin Mary is always transferred to the following Sunday. But if only the external solemnity of the feast is transferred to a Sunday, and not the Office of the feast, then the application must be made both on the feast day and on the Sunday. Likewise the obligation of applying does not cease although the solemnity of the feasts has been suppressed,³⁴⁵ even by particular law.^345a

b) The days on which vicars and prefects apostolic and quasi-pastors must apply Mass for the people are eleven, namely, the feasts of the Nativity of the Lord, Epiphany, Easter, Ascension, Pentecost, Corpus Christi, the Immaculate Conception and Assumption of the Blessed Virgin Mary, St. Joseph, Spouse of the Blessed Virgin Mary, Saints Peter and Paul, and All Saints.³⁴⁶

A bishop who presides over two dioceses is not bound to apply two Masses;³⁴⁷ it suffices, therefore, that he apply one Mass for the whole people committed to him. A pastor who administers several parishes likewise must apply only one Mass on the prescribed days.³⁴⁸ Wherefore all contrary statutes have now been revoked. If, however, these different parishes have different patronal feasts, the pastor must apply Mass on the feast of the patron of each parish.^348a

³³⁸ Code of Canon Law, c. 339. Bishops are not bound to apply Mass for their subjects after election or confirmation in consistory, but after taking possession. Capitular vicars, during a vacancy of the see, are bound to the application just as bishops are. Code of Canon Law, c. 440.

³³⁹ Code of Canon Law, c. 323.

³⁴⁰ Ibid., c. 306.

³⁴¹ Ibid., c. 466, § 1.

³⁴² Ibid., and c. 306.

³⁴³ Thus from Urban VIII, Constitution Universa per orbem, September 13, 1642; Clement XI, Constitution Commissis nobis, December 6, 1708; Pius IX, Constitution Amantissimi Redemptoris, May 3, 1858; Sacred Congregation of the Council, December 18, 1919, and March 16, 1920 (Acta Apostolicae Sedis XII, 42); cc. 323, 339, 440, 466.

³⁴⁴ Sacred Congregation of the Council, December 15, 1913 (Acta Apostolicae Sedis VI, 9). Cf. Code of Canon Law, c. 339, § 3.

³⁴⁵ Sacred Congregation of the Council, August 8, 1911 (Acta Apostolicae Sedis III, 391).

^345a Sacred Congregation of the Council, July 19, 1930 (Acta Apostolicae Sedis XXII, 521).

³⁴⁶ Code of Canon Law, c. 306.

³⁴⁷ Ibid., c. 339, § 5.

³⁴⁸ Ibid., c. 466, § 2.

^348a Sacred Congregation of the Council, November 12, 1927 (Acta Apostolicae Sedis XX, 87).

n. 257.

257. Note. When pastors of souls must apply Mass for their subjects, they can accept absolutely no stipend, not even for another Mass which they may perhaps celebrate by virtue of the faculty of bination. Thus by common law.³⁴⁹ By a special indult of the Holy See, however, the acceptance of a stipend for the other Mass is sometimes permitted, and even commanded, to be expended for certain pious causes.

³⁴⁹ Code of Canon Law, c. 824, § 2.

n. 258.

258. 4. The quality of the obligation. The pastor's obligation of applying Mass is:

a) Grave. Neither contrary custom, nor illness, nor poverty exempts from this obligation. Thus all authors.³⁵⁰

b) Personal. Therefore the pastor of souls is bound himself to apply Mass for his subjects, unless there is a legitimate impediment, for example illness, in which case he must apply it through another priest.³⁵¹ He is not, however, bound to sing Mass, but it suffices to say a private Mass.³⁵² When a pastor is legitimately absent from the parish, he can apply Mass for the people either personally in the place where he is staying, or through the priest who acts in his place in the parish;³⁵³ nevertheless, it seems better that he personally, and not through his substitute, apply Mass for the people. The reason is that, just as the sacrifice of the Cross was accomplished by Christ Himself, the Pastor of all, so it is very fitting that the pastor who acts in the place of Christ the Pastor should himself apply the fruits of the sacrifice to his subjects.

c) Local. It is very fitting that Mass for the people be said in the parish church or in another place where the faithful can assist.³⁵⁴ The reason is evident.

d) To be fulfilled on the appointed days, namely, those indicated above in n. 256. If there is a legitimate cause, for example, if a funeral Mass or a Mass for bride and bridegroom is to be said, the local Ordinary can permit the pastor to apply Mass for the people on a day other than that on which he is bound by law.³⁵⁵ This permission indeed seems also capable of being presumed in a particular case. If, in some diocese, on suppressed feast days, the Mass for the people is to be applied by an indult of the Holy See according to the mind of the bishop, it can be tolerated that the pastor have the Mass to be applied celebrated, not on the very day on which he would be bound, nor personally, but through another priest, to whom the pastor must give a stipend. Thus the Sacred Congregation of the Council, December 16, 1914.^355a

³⁵⁰ Ibid., c. 339, § 1.

³⁵¹ Ibid., § 4.

³⁵² Sacred Congregation of Rites, December 20, 1864 (Decr. auth., n. 3128).

³⁵³ Code of Canon Law, c. 466, § 5.

³⁵⁴ Ibid., § 4.

³⁵⁵ Ibid., § 3.

^355a Acta Apostolicae Sedis VII, 27.

Vol. III, Pt. II, Tr. IV, Sect. II, Ch. II, Article III. On the Obligation by Reason of a Benefice

n. 259.

259. Notions. A benefice (or chaplaincy, of which there is question here) is a pious foundation duly made and accepted by a legitimate ecclesiastical superior, with the perpetual burden of saying Masses either in a determinate church or at a determinate altar or on a determinate day or hour, etc. This obligation is sometimes called briefly "perpetual burdens of Masses." The priest who receives the revenues of the foundation is called the beneficiary. Although so-called founded Masses, according to modern discipline, cannot properly be called benefices, nevertheless the rules to be given apply also to them.

n. 260.

260. Rule 1. All clauses placed in a pious foundation and accepted by legitimate ecclesiastical authority must be duly applied and faithfully observed. Cf. Code of Canon Law, c. 1475, § 1.

The reason is evident. For the pious foundation of a benefice is a bilateral contract by which the founder gives certain temporal goods, while legitimate ecclesiastical authority promises to institute from the revenues of those goods a beneficiary who must celebrate Masses according to the intention of the founder. The clauses placed in the foundation must be duly interpreted, and accordingly the rules concerning the interpretation of laws or contracts must be applied. A beneficiary sins gravely, however, if at any time without cause or dispensation he does not apply or even does not celebrate the founded Masses. If a daily Mass is established in the foundation of the benefice, it must be considered whether this obligation is annexed principally to the place, for example, to an altar or chapel, or to the person of the beneficiary. If the obligation is annexed principally to the place (for example, if the founder said: I will that Mass be said daily in this chapel), then Mass must truly be said on all days of the year, except the last three days of Holy Week; and if the beneficiary himself cannot say Mass, he must take care that another say Mass in that place. But if the obligation is annexed principally to the person of the beneficiary, it is lawful to presume that the founder wished to contribute to the support of a poor priest. Moralists then commonly teach that a beneficiary of this kind is not bound to celebrate Mass on absolutely all days of the year, but that by reason of illness, religion, or another reasonable impediment he can sometimes omit Mass.

First, by reason of illness he can omit Mass without being obliged to restore the fruits of the benefice. For a kindly master is not presumed readily to wish to deduct from the wages of a servant because of his brief illness. It is otherwise, however, if the illness endures for a long time; for then the fruits of the benefice must be restored, unless the beneficiary altogether needs them for his support. Authors dispute what illness is to be called long-lasting. To some, an illness of fifteen days seems brief; to others, one which does not exceed one month; finally, to others, one which does not exceed two months. St. Alphonsus³⁵⁷ and Lugo³⁵⁸ hold all these opinions probable. By reason of religion the beneficiary can omit Mass sometimes, that is, once in a week or in a month. Therefore, for example, Mass is licitly omitted because of humility, because of a better preparation for the tremendous sacrifice, or because of making spiritual exercises. Finally, by reason of another legitimate impediment, for example, because of making a necessary journey, the beneficiary can licitly abstain from saying Mass. Authors further concede that the beneficiary may apply Mass five or six times a year for himself or for his own. It is not lawful, however, for him then to take a stipend, because the beneficiary already has another stipend from the foundation.

³⁵⁷ Theol. mor. l. 6, n. 333.

³⁵⁸ De euchar., disp. 21, n. 49.

n. 261.

261. Rule 2. Although the Ordinary (the diocesan bishop or major religious superior) can interpret or even dispense from conditions annexed to the foundation in matters of lesser importance, nevertheless, according to the discipline now in force, recourse must be had to the Sacred Congregation of the Council whenever there is question of a reduction or remission of Masses.³⁵⁹

Therefore Benedict XIV³⁶⁰ says that "today no faculty of reducing Masses has been left to the bishop, except only in that kind of case in which the testator himself is known to have granted this faculty." Indeed, when the question was proposed, "Whether a bishop can reduce the burdens of Masses not yet accepted, without the good pleasure of the Apostolic See or of this Sacred Congregation, whenever, because of the smallness of the legacy, he judges a reduction to be necessary from the fact that the pious place refuses to accept the legacy unless the burden is diminished?" the Sacred Congregation of the Council replied on June 20, 1682: "Negative."

When the goods conferred in the foundation have totally perished without the fault of the beneficiary, the obligation of celebrating the Masses then ceases, because the beneficiary has a right to a fitting stipend for the Masses to be celebrated. But if those goods have perished only in part or their revenues have been greatly diminished, recourse must then be had to the Sacred Congregation of the Council, if the number of Masses was determined by the founder. A fortiori, no one except the Supreme Pontiff can remit Masses not said, if they ought to have been said from justice. The reason is that the founder of the Masses has a strict right to the ministerial fruits of the Masses to be said. But when the Supreme Pontiff remits Masses not said, he then compensates for the ministerial fruits of the Masses from the treasury of the Church, in which are the merits of Christ, which proceed especially from the sacrifice of the Cross. Therefore no injury accrues to the founder from such a remission, since the ministerial fruits of the Mass also derive from the sacrifice of the Cross.

³⁵⁹ Innocent XII, Constitution Nuper a Congregatione, December 23, 1697; Code of Canon Law, c. 1517, § 2.

³⁶⁰ De syn. dioec. l. 13, final chapter, n. 19.

Vol. III, Pt. II, Tr. IV, Sect. II, Ch. II, Article V. On the Obligation by Reason of a Promise

n. 279.

279. 1. He who has made an onerous promise to apply Mass, with the intention of binding himself gravely, is bound under grave sin to satisfy this obligation. For example, a priest who, after receiving benefits, promised in thanksgiving and recompense to say Mass for the benefactor accepting this promise is bound to say the Mass. For the most part, such a grave obligation is not present and must not be asserted unless it is certainly established.

2. He who has made a gratuitous promise of saying Mass is indeed bound from fidelity, but only under light sin, and he can satisfy several promises by one Mass, since according to a solidly probable opinion⁴¹⁷ the fruit of the Mass is of infinite value. Hence he who gratuitously promised Peter a Mass for the deceased, Paul a Mass according to his intention, and Andrew likewise a Mass according to his intention, can satisfy all these promises by one sacrifice of the Mass. Thus holds the common opinion.⁴¹⁸

⁴¹⁷ Cf. above, n. 237.

⁴¹⁸ Cf. Noldin-Schmitt, De sacr.¹⁷, n. 199.

Vol. III, Pt. II, Tr. IV, Sect. II, Ch. II, Article VI. On the Obligation by Reason of Obedience

n. 280.

280. Prelates, both secular and regular, can, when a just cause exists, command their subjects to apply Mass. Thus holds the far more probable opinion, which is confirmed by nearly universal practice.⁴¹⁹ For although the application of Mass is an internal act and accordingly, in the opinion of some, does not fall under ecclesiastical law, nevertheless priests, by freely undertaking certain offices or emitting religious vows, have obligated themselves to all those things which are joined with such offices or with the vows. Moreover, the application of Mass is also sometimes joined with an office undertaken or with the religious state. Accordingly, no one denies that a pastor is bound under grave sin not only to celebrate Mass, but also sometimes to apply it for the people. The same applies to the conventual Mass of chapters to be applied for benefactors. A religious superior can command his subjects to apply Mass for an accepted stipend or from mere obedience. When the superior has accepted a stipend, he is considered to command the application under grave sin, because a grave obligation of justice has arisen for him also. But when he has commanded it from another motive, there is indeed an obligation of obeying, but disobedience commonly would not be a mortal sin. In practice, the laws of each religious institute must be attended to; these commonly do not bind under sin. A religious priest who, contrary to a grave precept of his superior, applies Mass otherwise applies it validly but illicitly. For the validity of the application depends solely upon the celebrating priest, since it is joined with the priestly order itself, as was said above in n. 243.

Whether by his own authority a bishop can command a private secular priest who has no ecclesiastical office to apply Mass for a determinate end is not established. For the application of Mass is a merely internal act, and there is no evident title by force of which the bishop can command this act. It is otherwise if the bishop commands by a special indult of the Holy See. Hence the Sacred Congregation of the Council decreed on May 8, 1920, that by virtue of an apostolic indult the local Ordinary can compel priests to apply a binated Mass, or a Mass from whose application for the people they have been dispensed, in favor of a pious cause.⁴²⁰ The Supreme Pontiff commanded the special application of the second and third Mass on All Souls' Day, as will be said below in n. 285.

⁴¹⁹ Pertinent here is the response of the Sacred Congregation of Religious, May 3, 1914 (Acta Apostolicae Sedis VI, 231): "Can religious superiors command their subjects, even in virtue of holy obedience, to celebrate according to the intention prescribed by the Constitutions or established by the superiors themselves, with the exceptions sanctioned by the Constitutions or by legitimate custom remaining intact? - Affirmative."

⁴²⁰ Acta Apostolicae Sedis XII, 541.

Konings, Theologia Moralis

Anthony Konings, C.SS.R. — 1 passage

Vol. II, TREATISE ON THE EUCHARIST, PART SECOND: ON THE EUCHAR…, Ch. III, ARTICLE II: ON THE OBLIGATION OF CELEBRATING BY REASON OF OFFICE

n. ¶1322.

1322. - I say I. All Pastors of souls, by natural and divine law, are bound at some time to celebrate for their sheep. The reason is because they ought to feed them. This is also established from Trent,³ where it says thus: "Since by divine precept it has been commanded to all to whom the care of souls has been committed, to know their sheep, to offer Sacrifice for them," etc.

I say II. The same, by ecclesiastical law, are bound to celebrate for their sheep on all Sundays and on the days brought forward by Our Most Holy Lord Pius IX in the Encyclical Amantissimi Redemptoris, 3 May 1858 (see p. 87), from several Decrees of the Church, but especially from the Constitution of Benedict XIV, Cum semper.⁴ To this, however, not only secular Pastors are bound, but also Regulars; likewise those who for a time or removably, e.g. on account of the absence or infirmity of the Pastor, are deputed to supply his office, as Vice-pastors.⁵ Indeed a Pastor set over two parishes (but not a Bishop set over two dioceses¹) is bound, outside the case of an indult, to apply 2 Masses, unless the union of the two parishes is plenary and extinctive, so that from two parochial Churches there has entirely come to be one, by the extinction of the title of the other.² That burden belongs a fortiori to Ordinaries after possession of the See has been obtained,³ but not to Vicars Capitular.⁴ Missionaries, however, and Vicars Apostolic (provided there is not question of places in which Episcopal Sees and Parishes have already been canonically erected, and Vicars Apostolic and Missionaries have been sent to them to perform the duties of legitimate Pastors), and titular Bishops, are by no means bound to apply Masses, although from charity it is becoming that they do so. V. T. I. (§), p. 471.

Query. Is a Pastor or Bishop who is ill, or prevented from celebration for another cause, bound on feast days to celebrate for the people through another?

Resp. It must be answered affirmatively, because that burden is not merely personal, but at the same time real, not otherwise than the burden of preaching, which consequently can and must be fulfilled through another.⁶

Merkelbach, Summa Theologiae Moralis

Benedict Henry Merkelbach, O.P. — 53 passages

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365. The obligation of celebrating by divine law arises from pastoral office. - The divine precept gravely obliges all pastors of souls, namely those who have undertaken a pastoral office, not only to celebrate on certain days, but also to apply the sacrifice for the people, i.e., for the sheep committed to them.

This obligation is contained in the pastoral office itself (Hebr. V, 1), which office is of divine law; whence the Council of Trent says that by divine precept it has been commanded to all to whom the care of souls has been committed to offer sacrifice for their sheep (sess. 23, de ref., c. 1). Bishops are held to this by absolute divine law, because they are of divine institution; pastors and other shepherds by hypothetical divine law, if they are instituted as pastors by the Church.

The obligation arises from justice, because to it, as to other pastoral offices, pastors are held from a quasi-contract; to what precisely they are obliged, divine law prescribes in a general and abstract way, but it must be determined in the concrete by ecclesiastical law.

366. To what pastors are bound. - I. The Supreme Pontiff is bound by divine law alone, but not by ecclesiastical law, and therefore only sometimes is he bound to celebrate Mass or apply it for the sheep.

II. Diocesan bishops, abbots or prelates nullius, capitular vicars while the see is vacant, apostolic administrators permanently constituted, pastors whether secular or religious, and vicar-administrators constituted in a vacant parish, are bound, from the taking of possession, to celebrate Mass for the flock on Sundays and feasts of precept, even suppressed ones (can. 339, § 1 and 466, § 1; Commission for Interpretation, Feb. 17, 1918, and S. C. C., Dec. 28, 1919).

Vicars general, titular bishops, coadjutors or auxiliaries, regular prelates, substitute vicars and coadjutors, and a fortiori assistant vicars or chaplains, are not strictly obliged.

III. Vicars and prefects apostolic, and quasi-pastors, from the taking of possession are bound to apply Mass for the flock only on eleven feast days of precept (can. 306).

n. 367.

367. Observations. - 1. If a feast day falls on a Sunday, one Mass satisfies the obligation (can. 339, § 2).

n. 367.

If a feast is transferred in such a way that on the day to which it is transferred not only the office with the Mass of the transferred feast is done, but also the obligations of hearing Mass and abstaining from servile works are kept, the Mass for the people must be applied on the day to which it is transferred; otherwise on the day from which it is transferred (can. 339, § 3).

n. 367.

A bishop or pastor who rules two or several dioceses, or several parishes, equally principally, or who, besides his own diocese or parish, has another or others in administration, must apply only one Mass for the peoples committed to him (can. 339, § 5 and 466, § 2). This also holds for a vicar-administrator who rules several parishes during vacancy (Commission for Interpretation, July 14, 1922). But if the feasts of the patrons of one and the other parish occur on different days, on each feast day the application must be made (S. C. C., Nov. 12, 1927).

368. The mode of fulfilling the obligation. - The obligation of applying for the people is real, personal, local, and affixed to the day.

Real, so that a pastor who from a just cause is impeded from applying must satisfy the obligation through another or on another day, and one who has omitted the application is bound to apply as soon as possible (can. 339, § 4 and 6).

Let it be noted that no cause excuses from celebrating Mass for the people, nor an immemorial custom; except for a dispensation of the Supreme Pontiff in a particular case.

Personal, so that the pastor is bound to apply by himself personally, unless he is legitimately impeded (ibid.). A legitimate impediment is infirmity, the obligation of celebrating a conventual Mass, if the pastor is at the same time a canon, or legitimate absence (can. 466, § 5), or anything else, provided that it is judged grave.

The S. C. C. declared that, for a pastor to be excused, a just cause is not: a) a contrary custom; b) funerals to be celebrated; c) a Mass for spouses to be said; d) a Mass founded for a certain day, which falls on a feast day of precept; e) the persuasion of the faithful who think that the solemn parish Mass with chant and explanation of the Gospel is always applied for the people and therefore gladly flock to it. Thus in itself and unless some other grave inconvenience is added.

Local, so that the Mass for the people is said in the parish church, that the people may be able to be present at it, unless the circumstances of things require or suggest otherwise (can. 466, § 4), for example if there is a feast in a filial church, or if it is a matter of mere supplying of an omitted Mass.

The local obligation exists for pastors, but not, as is clear, for bishops, who can celebrate for the flock anywhere. But if the pastor is legitimately absent, at his choice either he himself in the place where he is staying, or another for him in the parish church, can apply (can. 466, § 5).

Affixed to the day, so that without necessity the application cannot be transferred to another day; unless the Ordinary of the place permits this for a just cause (can. 466, § 3).

A just cause can be a funeral Mass, a Mass for spouses, on the anniversary day of death or burial, or for an urgent public cause.

It is not required that the Mass which is applied for the people be solemn, sung, or the parish Mass itself; the obligation is fulfilled even by a private Mass.

n. 369.

369. Observations. - 1. One who fulfills the obligation as to substance, but does not observe the due mode, unless it is done frequently without a just reason, sins only lightly.

n. 369.

In certain dioceses by indult it is permitted that on suppressed feast days Mass not be applied for the people, but according to the mind of the bishop or for a stipend to be handed over to him for pious works. In this case it is now permitted that pastors satisfy this obligation not on the very day on which they are bound, nor by themselves, but through another priest (S. C. C., Dec. 16, 1914).

n. 369.

It is granted to poor pastors that, if on a feast day a rich stipend is offered, the Mass can be said according to the intention of the offerer, the application for the people being transferred to another day (Benedict XIV, Const. Cum semper, Aug. 19, 1744).

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n. 370.

370. The obligation of celebrating arises from a benefice undertaken. - A benefice is the perpetual right of perceiving fruits from ecclesiastical goods on account of some spiritual office, constituted for a cleric by ecclesiastical authority (can. 1409); it is with cure or simple, according as it has the care of souls annexed or does not have it. In the present matter a simple benefice is understood, which imposes upon the beneficed person the obligation, from a pious foundation, of celebrating Mass, whether daily or on certain days. The obligation from commutative justice is that of satisfying the institution of the founder, i.e., not only of celebrating the imposed Masses, but also of applying them according to the intention of the founder, because such is presumed to be the will of the founder; - unless it were certainly established that he had imposed celebration alone, with the application totally or partially left to the free determination of the celebrant.

n. 370.

The application of the Masses is presumed to be made totally for the soul of the founder (S. C. C., Aug. 18, 1668; March 26, 1718), unless, however, he prescribes that a certain number out of the Masses to be celebrated is to be applied to himself: for then he is judged to have left the application of the others free.

371. The mode of fulfilling the obligation. - The beneficed person who is bound to the celebration of Mass is bound:

To fulfill all the circumstances prescribed by the founder, as to the species or quality of the Mass, place, or time.

Hence he sins if, without a just cause, he omits the stipulated circumstances, and indeed gravely if they are often omitted and were determined for a grave enduring end, as for the convenience of the people, for the special cult of a Saint, for a special memory; on the contrary, he does not sin if there is a grave excusing cause, or if the end does not subsist, or if a dispensation has been legitimately obtained, which the Holy See can grant perpetually, and the Bishop for a time for a just cause.

Nevertheless, not to satisfy by himself personally, unless this is expressly or equivalently required; but he can have it done through another. The burden is presumed real, principally annexed to the place, not personal.

One who has the burden of a daily Mass: a) if the burden is real, so that he can satisfy through another, he can omit no Mass, but, if he himself does not celebrate, he must take care that the Mass be said by another; b) on the contrary, if the burden is personal and he himself is bound to celebrate daily by himself, he can sometimes omit the Mass from a just cause and is not bound to supply through another, though he cannot apply for himself or his own, and a fortiori not for a stipend. Thus the S. C. C., Sept. 18, 1683.

A just cause excusing in the case is:

a) brief infirmity, such as generally is judged to be that which does not exceed fifteen days (S. C. C., June 4, 1689; Nov. 17, 1695); but if it is long-lasting, the beneficed person is bound to supply through another, except in the case in which he has become altogether powerless and would not have from elsewhere that by which he might live (S. C. C., Feb. 5, 1650; Apr. 24, 1655).

b) religious motive moving him to omit celebration on account of a defect of disposition, or for the sake of humility or reverence; which they permit once in a month.

c) a reasonable impediment, such as a journey to be undertaken, spiritual exercises to be performed, but only for a few days.

372. Practical corollaries. - 1. In cathedral and collegiate churches, the conventual Mass, which must be celebrated daily by the canons, must be applied to the benefactors generally of each respective church (can. 417, § 1).

If a second or third conventual Mass is celebrated, in these let commemoration be made of the benefactors of the church generally under the memento of the dead. But if the prebends of the canonries are slight, they can implore from the S. C. of the Council the faculty of not applying the conventual Mass to the benefactors on weekdays, but only on feast days of precept (Benedict XIV, const. Cum semper, Aug. 19, 1744, § 11).

Let it moreover be noted:

a) A capitular detained by infirmity is not bound to provide an alms to the capitular priest who supplies his place in the celebration and application of the conventual Mass, unless the capitular statutes or a particular custom provide otherwise (can. 417, § 2).

b) The custom of providing a stipend to the celebrant can be preserved, either from the accumulation of distributions, or from the revenues of all the prebends by contribution (ibid., § 3).