This law has not an invalidating clause, hence it is not now necessary nor ever was it necessary to have such a written document. A valid appointment was and can be made without any writing.
Where these three conditions are fulfilled there is a benefice, true,
real, and canonical. Normally parishes are benefices. (See Irish
Ecclesiastical Record, Vol. XIV., No. 623; and Irish Theological
Quarterly, October, 1917, p. 209.)
Every cleric in holy orders is bound under pain of mortal sin to recite daily the Divine Office. No General Council, no Pope, has made such a law, but the old-established custom has grown, until it has the force of a law (Bened. XIV., Instructio Coptharum). Authors are not agreed as to the date of the first traces of this old custom. Billuart quotes the text of the fourth Council of Carthage to prove that it existed in the fourth century, Clericus, qui absque corpusculi sui inequalitate vigiliis deest, stipendiis privatus, excommunicatur. Gavantus can find traces of it only as late as the sixth century. Several decrees of provincial councils regarding this custom are quoted by writers on liturgy. However, the matter is clearly and definitely dealt with by the General Council of Lateran (1213) and by the Bulls, Quod a nobis and Ex proximo, of Pope Pius V. (1571). This Pope expressly states that wilful omission of the Divine Office is a grave sin—"grave peccatum intelligat se commissise."
The obligation of reciting the office binds those in Holy Orders, even though they may be excommunicated, suspended, degraded or imprisoned. The obligation binds for the first time when subdeaconship has been conferred. Subdeacons are bound to recite "the hour" in the office of the day, corresponding to the time of their ordination. If the ordination is finished before nine o'clock, the sub-deacon is bound to begin his recitation with Terce. If the ordination is held between nine o'clock and mid-day the recitation begins with Sext. The question is discussed by theologians if the recitation of Terce or Sext may be lawfully and validly made before the ordination. Some authors deny that it may be justly and lawfully done, while others, with some probability, affirm that before ordination the debt may be paid in advance.
Are priests bound to follow the Proper in their own diocese?
They are, if it has been approved by the Sacred Congregation of Rites (S.R.C., 4597-4746). But a priest travelling (peregrinus) should recite the office according to the calendar of the church to which he is attached regularly, but the obligation of following the calendar of his home church was not binding by a grave precept. A reply of the Sacred Congregation of Rites (Nov., 1831) arranged (1) that beneficed clergy are always bound to recite the office of their own proper church or diocese; (2) that simple priests may read either the office as arranged for the place they tarry in or travel in, or the office of their own home diocese; (3) for unattached priests (vagi) it is the wiser order to follow the office as laid down in their own diocese.
Must every holder of a benefice read the Divine Office?
Every holder is bound, under pain of mortal sin, to recite the Divine Office daily, if the benefice be an ecclesiastical benefice fulfilling the conditions named above. The omission of the recital of the Divine Office by a beneficed person is a grave sin against the virtue of religion and a grave sin against the virtue of justice. For the Church imposes on the beneficiary the duty of the Office recital, on condition that he may not take the fruits of his benefice if he do not recite the Office.
What sin is committed by the omission of a notable part of the daily office?
He who wilfully omits a notable part of the daily Divine Office commits a mortal sin. A notable part of the Divine Office for any day is held by some theologians to be the omission of one psalm in one of the small hours, or a corresponding quantity of matter in lessons, responses, etc. They hold that such wilful omission is a grave sin. Other theologians hold—and their opinion is the more common and the more probable one—that, although one psalm is a notable part of a small hour, in relation to the whole office it is not a notable part, and its omission is not a grave matter. These theologians hold that the wilful omission of an entire small hour or equivalent matter (e.g., Sext, or the third nocturn of Matins) is an omission of a notable part and cannot be excused from grave sin.