Chapter I. On the Subject Capable of Gaining Indulgences

In order that someone be capable of gaining indulgences for himself, he must be baptized, not excommunicated, in the state of grace at least at the end of the prescribed works, and a subject of the one granting (canon 925, § 1). It is said:

1. For himself. To what extent the enumerated things are required so that someone may apply an indulgence to the departed, we shall say later.

2. Baptized; because the Church lacks jurisdiction over the non-baptized, even over catechumens.

3. Not excommunicated, because the concession of indulgences belongs to the communion of Saints, of which the Church deprives the excommunicated.

It can be disputed whether material heretics and schismatics can acquire indulgences. It seems one must deny this; for such heretics and schismatics indeed belong by will to the body of the Church, but in the external forum they seem to be considered by the Church as formal heretics and schismatics; for she does not judge concerning internal matters. Now in this case the Church does not seem to extend her act of jurisdiction to those who are considered by her, in the external forum, as formal heretics.

4. In the state of grace at least at the end of the works. The reason is that "a dead member does not receive influence from the other living members; but one who is in mortal sin is, as it were, a dead member; therefore through indulgences he does not receive influence from the merits of the living members" (St. Thomas, Supplement, q. 27, a. 1). Added to this is the response of the Sacred Congregation of Indulgences,¹ which declares that the sense of the clause "with heart at least contrite" is that contrition is required "insofar as someone placed in mortal sin and therefore incapable of gaining any indulgence is restored to the state of grace by perfect contrition with the purpose of confession, and becomes capable of obtaining indulgences." Finally, canon 925, § 1 absolutely requires the state of grace in order that someone acquire an indulgence for himself. Hence even if it were admitted that the Church can grant a partial indulgence to one constituted in mortal sin, namely the remission of punishment due because of sins already previously remitted, nevertheless that this actually occurs seems altogether to have to be denied (St. Alphonsus, n. 534, under 9).

To what extent the state of grace is required so that someone may apply an indulgence to the departed, we shall investigate immediately.

This, however, is the place for noting these words of St. Alphonsus: "No one gains a plenary indulgence of all sins unless he is free from every guilt, even venial, when he completes the last work... for it is certain that venial sin not remitted as to guilt cannot be remitted as to punishment... That venial sin, however, does not prevent the punishment due to other sins already remitted from being remitted" (n. 534, under 19). Hence nothing of itself prevents one who lacks the disposition required for gaining a plenary indulgence integrally from gaining it partially. And in fact canon 926 states: a plenary indulgence granted in such a way is understood so that, if someone cannot gain it plenarily, nevertheless he gains it partially according to the disposition which he has.

5. A subject of the one granting, because an act of jurisdiction, such as is the concession of an indulgence for the living, can be exercised only upon subjects. But since an indulgence is granted after the manner of a privilege, nothing prevents non-subjects also, after it has been granted, from being able to gain it according to the norm of canon 927: unless something else appears from the tenor of the concession, indulgences granted by a Bishop can be gained both by subjects outside the territory and by pilgrims, vagi, and all exempt persons dwelling in the territory.

¹ December 17, 1870.