The third condition, erection by ecclesiastical authority, is qualified by Canon 1418 which prescribes that benefices should be erected by a legitimate document defining the place of the benefice, its endowment and the duties and rights of the person appointed.
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?