The Safeguards of the Law

I. Supervision. The right and duty of watching so that Mass burdens are fulfilled belongs, in churches of seculars, to the local Ordinary; in churches of religious, to their superiors (canon 842).

II. Notation of Masses. 1. Rectors of churches and of other pious places, whether secular or religious, in which alms for Masses are customarily received, should have a special book in which they accurately note the number, intention, alms, and celebration of the Masses received (canon 843, § 1). Ordinaries are held by the obligation of examining books of this kind, either personally or through others, at least once each year (canon 843, § 2). Ordinaries, that is, local Ordinaries or major superiors in exempt clerical religious institutes (canon 198, § 1).

2. Likewise local Ordinaries and religious superiors who entrust Masses to be celebrated to their own subjects or to others should quickly enter in order into a book the Masses which they have received with their alms, and should take care according to their powers that they be celebrated as soon as possible. Indeed, all priests, whether secular or religious, must accurately note which Mass intentions each one has received and which he has satisfied (canon 844). It suffices, however, that one note the Masses through another.

III. Penalties. Those who have offended against the prescription of canon 827, 828, or 840, § 1 are to be punished by the Ordinary according to the gravity of the fault, not excluding, if the matter bears it, suspension or privation of an ecclesiastical benefice or office, or, if there is question of laypersons, excommunication (canon 2324). The penalties of latae sententiae previously established have been abrogated.

31. But whoever shall have dared to violate in any way or under any pretext the statutes in preceding articles 8, 9, 10, and 11, cf. here nn. 25, 30, if he is of the priestly order, will be liable to suspension from divine things reserved to the Holy See and to be incurred ipso facto; if he is a cleric not yet initiated to the priesthood, he will be subject to suspension from the orders received and moreover will become incapable of attaining higher orders; but if a layman, he will be bound by excommunication latae sententiae reserved to the Bishop. Paragraph 12.

32. Therefore Cardinals and Bishops, since they are not expressly mentioned, do not incur the aforesaid suspension. But the aforesaid penalties are incurred by those who exercise the commerce condemned by the preceding articles 8, 9, 10, cf. n. 25, by means of Masses, and those who illegitimately retain part of the stipend, even so that provision may be made for the adornment and ornament of sanctuaries, according to articles 9 and 11. Cf. nn. 25-30. But ignorance excuses from incurring penalties of this kind, even crass and supine ignorance, and also probably affected ignorance; for from the Decree itself daring, presumption, and knowledge are required. Paragraphs 8, 12.

33. "He will become incapable." This incapacity renders ordination only illicit, and not also invalid; and if it is occult it can be dispensed by the Bishop, by force of chapter Liceat.

34. But by the present Decree nothing has been taken away from article 12 of the second series of excommunications of the Constitution Apostolicae Sedis. It remains whole and unmoved. Therefore several who do not incur the excommunication reserved to the Supreme Pontiff by the Constitution Apostolicae Sedis, incur the excommunication and suspension imposed by the Decree.

...Ut debita, as is established from what has been said. For those incur it who knowingly hand over Masses, or even accept them, conducting some kind of commerce with the alms of Masses: namely by handing over or accepting Masses accepted from the faithful and from pious places, not specifically for their celebration, but for any other end; by commuting the accepted alms into other things, or diminishing them; by selling or buying things, or entering into subscriptions of periodicals, by means of Masses; finally by subtracting something from Masses handed over to a sanctuary, so that provision may be made for their adornment and ornament.

35. Then follows paragraph 14 of the present Decree, a certain prudential and provisional disposition, which now no longer has place.

38. Finally, it will be the office of individual Ordinaries to take care that in individual churches, besides the table of perpetual burdens and the book in which manual Masses which are handed over by the faithful are listed in order with their alms, there also be books in which the satisfaction of the said burdens and Masses is marked. Paragraph Denique.

39. Likewise it will belong to them to watch over the full and complete execution of the present Decree, which His Holiness commands to be inviolably observed by all, anything whatsoever to the contrary notwithstanding. Paragraph Ipsorum.

— On Pious Foundations. 1. Notion. Pious foundations designate temporal goods given in any way to some moral person in the Church, with the perpetual or long-lasting burden of celebrating some Masses, or fulfilling other pious functions, or performing some works of piety or charity (c. 1544).

2. Acceptance of Burdens. The local Ordinary or major Superior of exempt religious defines norms concerning the dowry, or "capital," to be required and concerning the right distribution of fruits. His written consent is required for accepting a foundation; nor must he give it before it is legitimately certain that the moral person is able to satisfy both the new burden and the old ones (c. 1543).

3. Placement of Goods. The Ordinary or major Superior designates a safe place where the money and movable goods of the endowment are to be kept, until as soon as possible, after those whose interest it is and the council, whether diocesan of administration or of religion, have been heard, they are prudently placed fruitfully, according to the judgment of the Ordinary or Superior, with express and individual mention of the burden (c. 1547).

4. Documents of Burdens. One copy of the tables is to be kept safely in the archive of the moral person to whom it pertains, the other in the archive of the curia of the Ordinary or major Superior (c. 1548).

A little table of the burdens incumbent on the church from foundations is to be made and preserved in a safe place with the rector of the church. And besides the book deputed for inscribing manual Masses, another is to be preserved with the rector in which individual perpetual and temporary burdens, their fulfillment, and the alms are annotated, so that an exact account concerning all these can be rendered to the local Ordinary (c. 1550).

— Execution of Burdens. Concerning founded Masses, many things return which we said concerning the burden of a benefice. Therefore, as to the place, time, intention, and quality of the Mass, the will of the founder is to be observed. He who neglects it without just cause sins, and indeed gravely if he often does it, even if the heirs consent: for they themselves are held to executing the will of the testator. Yet Lugo does not estimate it mortal rarely and from a cause to celebrate in another church and at another altar than is owed. Indeed he does not seem to sin even venially who, obliged to daily celebration, rarely and from a reasonable cause celebrates elsewhere. But if he was obliged to celebrate at a privileged altar, he can omit this less easily without grave guilt, at least unless he compensates that either by personal privilege of the altar, or by application of a plenary indulgence. Yet by a plenary indulgence a privileged altar is compensated only imperfectly.

— Change of Burdens. But perpetual transfer from one altar or church to another cannot be made without an apostolic indult. But because an accidental change of the will of the testator, made for a reasonable cause, does not seem to exceed the power of a bishop, therefore they commonly judge that it is lawful for a bishop to concede a temporary transfer for a reasonable cause. Yet if there was a special cause for the testator to establish a certain hour or a certain altar, the bishop could not derogate from the will of the founder by dispensation (Ballerini-Palmieri, IV, 1030).

But Masses which at the end of the civil year within which they ought to have been celebrated have not been said are to be handed over to the Ordinaries, according to the manner to be defined by them (c. 841).

But the reduction itself of Masses is reserved to the Holy See by cc. 1517 and 1551.

381. Practical notices. - 1. Can. 837: "One who has Masses to be celebrated through others should distribute them as soon as possible, with due regard for the prescription of can. 841; but the lawful time for their celebration begins from the day on which the priest who is to celebrate received them, unless something else is established," as was said in n. 378, 3.

2. Can. 841: "§ 1. All and individual administrators of pious causes, or those in any way obliged to fulfill the burdens of Masses, whether ecclesiastics or laymen, near the end of each year, should hand over to their Ordinaries, according to the mode to be defined by these, the burdens of Masses to which satisfaction has not yet been made.

"§ 2. But this time is to be understood in such a way that in Masses after the manner of manual ones, the obligation of depositing them runs from the end of that year within which the burdens ought to have been fulfilled; but in manual ones, after a year from the day of the burden undertaken, saving a diverse will of the offerers."

Indeed thus, unless it is a matter of a smaller number of Masses which are to be said shortly.

3. Can. 842: "The right and office of watching that the burdens of Masses be fulfilled pertains, in churches of seculars, to the local Ordinary; in churches of religious, to their superiors."

4. Can. 843: "§ 1. Rectors of churches and of other pious places, whether secular or religious, in which alms for Masses are accustomed to be received, should have a special book in which they accurately note the number of Masses received, the intention, the alms, and the celebration.

"§ 2. Ordinaries are held by the obligation, at least once each year, of reviewing books of this kind, either by themselves or through others."

5. Can. 844: "§ 1. Ordinaries of places also and religious superiors who commit Masses to be celebrated to their own subjects or to others, should soon record in order in a book the Masses which they have received with their alms, and take care according to their powers that they be celebrated as soon as possible.

"§ 2. Indeed all priests, whether secular or religious, must accurately note which intentions of Masses each has received, and to which he has made satisfaction."