The law ceases likewise to bind when its observance would prevent an act of charity towards the neighbor in distress, necessity, or pressing need. If the necessity is real and true charity demands it, in matters not what work, not intrinsically evil, is to be done, on what day or for how long a time it is to be done; charity overrides every law, for it is itself the first law of God. Thus, if the neighbor is in danger of suffering, or actually suffers, any injury, damage or ill, God requires that we give our services to that neighbor rather than to Himself. As a matter of fact, in thus serving the neighbor, we serve God in the best possible way.

Finally, necessity, public as well as personal, dispenses from obligation to the law. In time of war, all things required for its carrying on are licit. It is lawful to fight the elements when they threaten destruction, to save crops in an interval of fine weather when delay would mean a risk; to cater to public conveniences which custom adjudges necessary,—and by custom we mean that which has at least the implicit sanction of authority,—such as public conveyances, pharmacies, hotels, etc. Certain industries run by steam power require that their fires should not be put out altogether, and the labor necessary to keep them going is not considered illicit. In general, all servile work that is necessary to insure against serious loss is lawful.

As for the individual, it is easier to allow him to toil on Sunday, that is, a less serious reason is required, if he assists at divine worship, than in the contrary event. One can be justified in omitting both obligations only in the event of inability otherwise to provide for self and family. He whose occupation demands Sunday labor need not consider himself guilty so long as he is unable to secure a position with something like the same emoluments; but it is his duty to regret the necessity that prevents him from fulfiling the law, and to make efforts to better his condition from a spiritual point of view, even if the change does not to any appreciable extent better it financially; a pursuit equally available should be preferred. Neglect in seeking out such an amelioration of situation would cause the necessity of it to cease and make the delinquent responsible for habitual breach of the law.

If it is always a sin to engage without necessity in servile works on Sunday, it is not equally sinful to labor little or labor much. Common sense tells us that all our failings are not in the same measure offensive to God, for they do not all contain the same amount of malice and contempt of authority. A person who resolves to break the law and persists in working all day long, is of a certainty more guilty than he who after attending divine service fails so far as to labor an hour. The question therefore is, how long must one work on Sunday to be guilty of a mortal sin.

The answer to this question is: a notable time; but that does not throw a very great abundance of light on the subject. But surely a fourth of the whole is a notable part. Now, considering that a day's work is, not twenty-four hours, but ten hours, very rarely twelve, frequently only eight, it will be seen to follow that two hours' work would be considered a notable breach of the law of rest. And this is the decision of competent authority. Not but that less might make us grievously guilty, but we may take it as certain that he who works during two full hours, at a labor considered servile, without sufficient reason, commits a mortal sin.

[CHAPTER LIV.]
COMMON WORKS.

THERE is a third sort of works to be considered in relation to Sunday observance, which, being of their nature neither liberal nor servile, go by the specific name of common works. This class embraces works of two kinds, viz., those which enter into the common, daily, inevitable necessities of life, and those in which the mind and body are exerted in an equal measure.

The former are not considered servile because they are necessary, not in certain circumstances, but at all times, for all persons, in all conditions of life. Activity of this kind, so universally and imperiously demanded, does not require dispensation from the law, as in the case of necessary servile works properly so-called; but it stands outside all legislation and is a law unto itself.

These works are usually domestic occupations, as cooking and the preparation of victuals, the keeping of the house in becoming tidiness, the proper care of children, of beasts of burden and domestic animals. People must eat, the body must be fed, life requires attention on Sunday as well as on the other six days; and in no circumstances can this labor be dispensed with. Sometimes eatables for Sunday consumption may be prepared on the previous day; if this is not done, whether through forgetfulness, neglect or indifference, it is lawful on Sunday to prepare a good table, even one more sumptuous than on ordinary days. For Sunday is a day of festival, and without enthusing over the fact, we must concede that the words feast and festival are synonymous in human language, that the ordinary and favorite place for human rejoicing is the table, and in this man differs not from the other animals of creation. This may not be aesthetic but it is true.

In walking, riding, games, etc., the physical and mental forces of man are called into play in about equal proportion, or at least, these occupations can be called neither liberal arts nor manual labor; all manners of persons engage therein without respect to condition or profession. These are also called common works; and to them may be added hunting and fishing, when custom, rightly understood, does not forbid them, and in this region custom most uniformly does so forbid.