Notes and Queries

THEOLOGY

NEW LEGISLATION ON THE ACCEPTANCE AND CELEBRATION OF MANUAL MASSES

IN the I. E. RECORD of November we explained the new legislation contained in the decree Ut debita, in so far as it concerns the acceptance of Manual Masses, their celebration within stated times, and the obligation of sending to the Ordinary unsatisfied honoraria. We now proceed to explain the remaining provisions of the decree.

(6) Transference of honoraria to others :-The decree speaks of the lawfulness of transferring to others the obligations attached to honoraria :

5. Qui exuberantem missarum numerum habent, de quibus sibi liceat libere disponere (quin fundatorum vel oblatorum voluntati quoad tempus et locum celebrationis missarum detrahatur), posse eas tribuere praeterquam proprio Ordinario aut S. Sedi, sacerdotibus quoque sibi benevisis, dummodo certe ac personaliter sibi notis et omne exceptione majoribus.

6. Qui missas cum sua eleemosyna proprio Ordinario aut S. Sedi tradiderint ab omni obligatione coram Deo et Ecclesia relevari.

Qui vero missas a fidelibus susceptas, aut utcunque suae fidei commissas, aliis celebrandas tradiderint, obligatione teneri usque dum peractae celebrationis fidem non sint assequuti ; adeo ut si ex eleemosynae dispertione, ex morte sacerdotis, aut ex alia qualibet etiam fortuita causa in irritum res cesserit, committens de suo supplere debeat, et missas satisfacere teneatur.

According to these paragraphs of the decree a priest may transfer superfluous honoraria, which he is free to dispose of without interfering with the wish of the founder or the donor, not only to the Ordinary and to the Holy See, but also to other priests provided these be personally known to him and of good character.

According to some commentators on the decree Ut

debita the first paragraph quoted is a relaxation of the previous article which deals with the obligation of giving unsatisfied honoraria to the Bishop. We think that there is not sufficient foundation for this view. We agree with those who maintain that there is question in this article of masses which no obligation at present urges to hand over to the Bishop. That this is the correct view seems clear on the one hand from the fact that the decree Vigilanti speaks absolutely of the obligation of giving to the Bishop at the end of the year unsatisfied honoraria, and on the other hand from the fact that the present article speaks only of those honoraria of which the priest has the free disposal according to the will of the founders or the donors. We believe then that the present paragraph does not make any relaxation in the previous article, but merely indicates the persons to whom honoraria may be lawfully transferred.

When the end of the year has passed, during which masses should have been celebrated, they may not be transferred to other priests. They may be transferred to the Ordinary alone. In the case of a small number of masses, or of any number of masses to be celebrated in a short time according to the will of the donors, the obligation of giving them to the Ordinary does not urge till the end of the year according to the decree Vigilanti, even though the available time for celebrating them may have elapsed. The Bishop may, in this case, determine what is meant by 'end of the year.' During the interval before the end of the year they must be said quamprimum by the priest unless the time were fixed by the donors ad obligationem finiendam. They can also be transferred to other priests provided the will of the donors permit this. If the time were fixed ad obligationem finiendam the honoraria must be returned to the donors.

There are many canonists who maintain that the decree Vigilanti does not oblige a priest to hand over to the Ordinary all the unsatisfied honoraria when this would deprive him of all honoraria, because he could immediately claim back some for himself. This view is not devoid

of probability. All canonists, however, hold that a priest could not retain any honoraria for his friends. So it would not be lawful in such circumstances to transfer these honoraria to other priests, no matter how high a character they may bear.

In this connection it is well to discuss a case of frequent occurrence. A priest has lawfully accepted a number of honoraria. He subsequently finds that his ordinary duties require him to say more masses than he expected. Or it may be that he, for a very special reason, wishes to say masses for some private object. Can he transfer to other priests the former honoraria? According to the decree he can do so, provided this be not against the wish of the donors. Hence, if convenient, he ought to find out the wish of the donors, if he does not already know it. Frequently it will be very inconvenient, if not impossible, to ask the donors themselves what their wish is. Can he in this case presume on the will of the donors to transfer the honoraria to other priests? It is necessary for the priest to judge from all the circumstances of the case whether the required permission to transfer them be present or not. If the circumstances give no indication of the will of the donors we think that the priest is justified in presuming on their will to transfer the masses to other priests of good character, provided they be said within a reasonable time. This seems to be true when there is a very special reason for not fulfilling personally the obligation already undertaken. If there were not such special reason present, the priest could not in this way presume on the consent of the donors. There would be no justification for not fulfilling the obligation already undertaken.

According to the decree Ut debita masses, of which the priest has the free disposal, can be given to the Ordinary or to the Holy See. They can also be given to other priests provided these other priests be personally known to the priest transferring the masses and above suspicion. The end of this law is to secure the due celebration of these masses. This end is secured if the priest to whom they are transferred be of well known integrity, even though

he be not personally known to the priest who transfers the masses. In such a case we do not think that the exact letter of the law need be urged. It is sufficient if the priest transferring the masses be certain of the integrity of the priest to whom he transfers them.

In face of this law it would not be competent for the Ordinary to forbid priests to transfer honoraria to priests outside the diocese. There is a well known principle of theology that the Ordinary has no power to limit the freedom of subjects in matters with regard to which the common law gives liberty. In this case the common law does give liberty. Hence the Ordinary can at most see that the will of the donors be fulfilled.

If the masses be transferred to the Ordinary or to the Holy See the priest is freed from all responsibility. If on the other hand the masses be transferred to other priests, the priest transferring them is not freed from all responsibility until he has received documentary evidence that the masses have been celebrated. So that if, for any reason, the masses have not been celebrated, he is bound to celebrate them. We think, however, that this obligation of obtaining documentary evidence must not be urged too far. If in any way the priest has obtained certain knowledge that the masses have been celebrated he is not bound to seek the further evidence which arises from documentary proof. The end of the law has been secured.

(7) Obligation of Ordinaries to provide for the celebration of masses given to them :-The decree next speaks of the obligation of Ordinaries with regard to masses received:

7. Ordinarii dioecesani missas quas, ex praecedentium articulorum dispositione coacervabunt, statim ex ordine in librum cum respectiva eleemosyna referent, et curabunt pro viribus ut quamprimum celebrentur, ita tamen ut prius manualibus satisfiat, deinde iis quae ad instar manualium sunt. In distributione autem servabunt regulam decreti Vigilanti, scilicet : 'missarum intentiones primum distribuent inter sacerdotes sibi subjectos, qui eis indigere noverint; alias deinde aut S. Sedi, aut aliis Ordinariis committent, aut etiam si velint, sacer

dotibus extra-dioecesanis, dummodo sibi noti sint omnique exceptione majores,' firma semper regula art. 6 de obligatione, donec a sacerdotibus actae celebrationis fidem exegerint.

The first duty of a Bishop who has received honoraria by reason of the regulations of this decree is to inscribe these masses in order, with their respective honoraria, in a book. He must then try to have them celebrated as soon as possible. He must first get the manual masses in the strict sense celebrated, and afterwards the masses ad instar manualium. The masses he must first distribute amongst the priests who are subject to him, and whom he knows to be in want of honoraria. If there be no such priests in his diocese he may then give the hon. oraria to the Holy See, or to other Ordinaries, or even to priests who are outside his diocese, provided they be known to him and be of high character. He must, however, obtain from these priests documentary evidence that they have celebrated the masses, just as ordinary priests are bound to obtain similar evidence, before he is freed from all responsibility.

Whilst speaking of the duty of a Bishop, it is well to mention that in a subsequent part of the decree Ut debita it is indicated that it is the duty of a Bishop to see that in the churches of his diocese there be kept, besides a table of the perpetual onera of the church and a book in in which the masses given by the faithful are entered with their respective honoraria, a book in which the discharge of these onera and masses is duly recorded. One book will suffice for these different objects. It is also mentioned by the decree that it is the duty of the Ordinary to watch over the faithful carrying out of all the regulations of the decree.

(8) Traffic in masses :-The decree Ut debita lays down stringent rules with the object of preventing serious abuses arising from traffic in masses. Though the text of the decree is long our readers will pardon us if, on account of its clearness, we quote the whole text :

8. Vetitum cuique omnino esse missarum obligationes et