Conditions Required for Gaining Indulgences

317. Required Conditions. 1. In order that one be capable of gaining an indulgence,¹ he must be:

1. baptized;

2. not excommunicated: an excommunicated person does not become a participant in indulgences, Cn. 2262;

3. a subject of the one granting: for the grant of an indulgence is an act of jurisdiction, which cannot be exercised except over a subject;

Indulgences granted by bishops, however, can be gained both by subjects outside the territory, and by pilgrims, wanderers, and all exempt persons dwelling in the territory, unless something else is apparent from the grant.²

4. in the state of grace at least at the end of the prescribed works: for temporal punishment cannot be remitted while guilt and eternal punishment have not yet been remitted. If several works are prescribed for gaining an indulgence, it suffices that the last be completed in the state of grace, because the indulgence is acquired in the very instant in which the works prescribed by the one granting are completed.

a. The Church indicates this condition by granting indulgences to the contrite of heart or to those who, with at least a contrite heart, have performed a determined work: for these words signify nothing other than that the state of grace is required for gaining an indulgence, and that, if it is not present, it must be obtained through contrition; wherefore one who already exists in the state of grace does not necessarily have to elicit an act of contrition in order to gain the indulgence.³

b. For gaining a plenary indulgence fully, the state of grace is not sufficient, but in addition there is required immunity from every venial sin, and such immunity indeed that even affection or adhesion to venial sin has been removed: for guilt not yet blotted out cannot have remitted the punishment owed for that same guilt. Therefore the greater one's immunity from venial sins, the fuller the indulgence which can be acquired.

2. In order that one really gain an indulgence.⁴

1. He must have at least a general intention of gaining it: for a benefit is not given except to one who wills it; but a habitual intention is sufficient, i.e., one had at some time and never retracted. Therefore one who elicits a general intention of gaining all indulgences which are attached to the works placed by him gains them, even if he does not think about the indulgence when the work is placed, indeed even if he does not know that an indulgence is attached to the work which he performs. Nevertheless it is very much to be recommended, although it is not necessary, that every morning the intention be elicited of gaining all indulgences which can be obtained through works done during the day.

2. He must fulfill the enjoined works at the stated time and in the stated manner. For these works have the character of a condition under which indulgences are granted; therefore he who does not fulfill the condition integrally does not gain the indulgence, and neither error nor any good faith excuses in this matter. Wherefore if a notable part of them is omitted for any cause whatever, even a reasonable one, the indulgence is not acquired; but the effect is not impeded if a slight part of the enjoined work is omitted, e.g., in the rosary one Our Father and Hail Mary, because the work is nevertheless completed as to substance.

a. If several works are prescribed for gaining an indulgence, it is indifferent in what order they are performed. Thus if confession, communion, and visitation of a church are required, the visitation can be made both before and after the other works, even if in the concession of the indulgence it is said: Those who, confessed and refreshed with holy communion, shall have visited.⁵

b. For gaining partial indulgences, works already due under sin from another title do not avail, unless he who grants the indulgence has expressly established otherwise (n. 303, 4), because by one action one cannot satisfy several obligations, each of which demands singular actions.⁶ Therefore we cannot gain the indulgences attached to Cruciger rosaries by reciting, for example, a Hail Mary which pertains to the divine office or has been enjoined for penance; nor can the obligation of reciting prayers prescribed for gaining indulgences be satisfied by the canonical hours; nor by performing a work owed from a vow can we at the same time gain the indulgence attached to the same work by the supreme pontiff. But by paschal communion we can gain indulgences for whose gaining holy communion is prescribed;⁷ likewise through works which are performed from the statutes or customs of religious communities, if they do not oblige under sin, indulgences attached to those same works can be obtained.

c. Nevertheless he who performs a work enjoined upon him as sacramental penance and perhaps enriched with indulgences can at the same time both satisfy the penance and gain the indulgences.⁸

¹ Cn. 925, 1.

² Cn. 927.

³ S. C. Indl., 17 Dec. 1870, n. 427.

⁴ Cn. 925, 2.

⁵ S. C. Indl., 19 May 1759, n. 214.

⁶ S. C. Indl., 29 May 1841, n. 291. Cn. 932.

⁷ S. C. Indl., 10 May 1844, n. 327.

⁸ Cn. 932.

318. Conditions Required for Gaining an Indulgence for the Dead: a. The grant of the pontiff by which the indulgence can be applied to the dead: for by his own will no one can apply an indulgence to another, neither living nor dead.

b. At least a habitual intention of applying them to the dead: for the supreme pontiff only grants that they can be applied; he himself does not apply them to the dead. They can be applied either to a single soul, or to several, or to all the souls of the faithful existing in purgatory.

c. Whether he who applies an indulgence to the dead must be in the state of grace in order that it profit them is not clear; nor did the Congregation of Indulgences, when asked about this matter, wish to define the controversy.¹

On this question these things must be noted: a. From the nature of the thing nothing prevents even one who is in the state of sin from being able to gain an indulgence, not indeed for himself, but for the dead: for the works by which he gains the indulgence do not have satisfactory value from the dignity of the one working, but from the grant of the Church. b. Those who think that even a sinner can gain indulgences for the dead say that it is not required that he who gains an indulgence for the dead first acquire it for himself and then transfer it to the dead, but it suffices that he place the conditions prescribed by the Church, and when these have been placed the indulgence will come to the dead according to the mind of the supreme pontiff.² g. But those who hold that only the just can gain indulgences for the dead think that no one can apply to another what he has not first made his own.³ d. Nevertheless this seems certain: that a priest who celebrates Mass in the state of mortal sin at a privileged altar (whether the privilege is local or personal) gains the indulgence of this altar for the soul for whom he offers the sacrifice.⁴

¹ The S. C. Indl., 20 Aug. 1822, answered: postponed; on 22 Feb. 1847 it answered: let approved authors be consulted.

² Suarez, disp. 53, sect. 4; Bellarmine, De indulgent. l. 1, c. 14; Ballerini-Palmieri V, n. 791.

³ S. Alphonsus, n. 534.

⁴ S. C. Indl., 12 March 1855, n. 366.

319. Works which are ordinarily prescribed by the Church for gaining a plenary indulgence are: a. confession; b. communion; c. certain prayers to be said according to the intention of the pontiff; to these sometimes is added, d. visitation of a church.

1. On confession. a. If confession is not expressly required for gaining an indulgence (as for the indulgences of the Way of the Cross), it is not necessary; but if confession is enjoined in the grant of the indulgence, it is necessary even for those who do not have mortal sins, although absolution is not necessary for them.¹

b. Confession perhaps required for gaining indulgences can always be made within the eight days preceding the day to which the indulgence is attached, or even within the whole subsequent octave.²

c. Confession and communion required for gaining an indulgence granted for exercises or missions can also be made within the octave which immediately follows the completed exercise.³

d. The faithful who are accustomed, unless lawfully impeded, to approach confession at least twice in a month or to receive holy communion daily, although once or twice during the week they abstain from it, can gain all indulgences even without an actual confession which otherwise would be necessary for gaining them, excepting indulgences of the ordinary and extraordinary jubilee or in the manner of a jubilee.⁴

Therefore for gaining indulgences occurring during the week, for those who communicate almost daily, confession is no longer required: not that which is made every other week, nor that which is made every month, indeed not even that which is made every half-year or every year.⁵

¹ S. C. Indl., 15 Dec. 1841, and 6 May 1852, n. 295 and 359.

² Cn. 931, 1.

³ Cn. 931, 2.

⁴ Cn. 931, 3.

⁵ S. C. Indl., 14 Feb. 1906.

320. 2. On communion. a. Communion can always (except in the jubilee) be received on the day before that day for which the indulgence has been granted, and through the whole octave; but the other works must be performed at the determined time.¹

b. If for gaining an indulgence the visitation of a determined church is prescribed, holy communion need not necessarily be received there; but if holy communion is received in that church, it is not necessary that another visitation be made in addition, provided the time determined for gaining the indulgence is observed and the prescribed prayers are recited.

c. Excepting the indulgence of the jubilee, paschal communion avails for gaining indulgences which require holy communion.² Moreover, one and the same communion (as also confession) suffices for gaining several indulgences granted for the same day, each of which requires communion (and confession), provided the remaining works are performed as many times as there are indulgences which one is going to gain on that day.³

¹ Cn. 931, 1.

² S. C. Indl., 10 May 1844, n. 327.

³ S. C. Indl., 29 May 1841, n. 291.

321. 3. On the visitation of a church. a. If visitation of a church is prescribed indeterminately, the visitation of some church or public oratory is required and suffices; here it must be noted that semi-public oratories are in reality private oratories, and therefore their visitation does not suffice for gaining indulgences without a special indult.¹

An indult has been granted that the faithful of either sex who live a common life in religious communities, institutes of education, and hospitals erected with the consent of the ordinary, and those serving them, if they lack a church or public oratory, can visit the chapel of their own house, in which they can satisfy the obligation of hearing Mass, as often as for gaining indulgences the visitation of some church or indeterminate public oratory is prescribed.² Therefore if they have a church or public oratory, likewise if the visitation of a determined church is prescribed, the indult does not avail.

b. The visitation of a church or oratory can be made from noon of the preceding day until the midnight which closes the day established.³

c. He is said to visit a church who enters it with the intention of worshiping God; but if one about to visit the church cannot enter it because of some impediment, e.g., because of too great a multitude of people or because of closed doors, a moral entrance suffices, by the fact that he recites the prayers near the doors of the church.⁴

d. For making the visitation of a church which is instituted processionally, it is not sufficient if the clergy and people pass through the church praying, nor if the clergy with some from the procession enter the church and recite a common prayer while the others stand outside the church; but it is required that all who can be contained in it enter the church, and there recite a common prayer.⁵

e. For gaining several indulgences for which the visitation of a church is prescribed, it does not suffice to repeat the prayers as many times as there are indulgences to be gained; rather, as many visitations must be made as there are indulgences to be gained, i.e., it is necessary to go out of the church and enter the church again as many times.⁶

¹ S. C. Indl., 22 Aug. 1812, n. 310.

² S. Officium, 14 Jan. 1909. Cn. 929.

³ Cn. 923.

⁴ Cf. Behringer-Hilgers, p. 117.

⁵ S. Penitentiary, 18 Oct. 1901.

⁶ S. C. Indl., 29 Feb. 1864, n. 399.

322. 4. On the prayers to be recited. a. If prayer is prescribed for gaining indulgences, mental prayer does not suffice, but at least some vocal prayer is required, which ordinarily is not determined, but is left to the judgment of each one. But it cannot be demonstrated by any argument that five or six Our Fathers and Hail Marys are required, or another prayer equivalent to these; on the contrary, it cannot be doubted that from the new Code one Our Father suffices for gaining the indulgence.¹

b. Prayers must be recited according to the intention of the supreme pontiff, whose intention is the exaltation of holy mother Church, the extirpation of heresies, the propagation of the faith, the conversion of sinners, and peace among Christian princes. An explicit intention is not required, but this implicit intention suffices: according to the intention of the Roman pontiff, or according to the due intention, which all have who recite prayers for gaining an indulgence.

c. If special prayers have been assigned for gaining indulgences, they can be recited in whatever language, provided the faithfulness of the version is clear either from a declaration of the Sacred Penitentiary or of the ordinary of some place where the language into which the prayer is translated is vernacular. Indulgences cease on account of any addition, subtraction, or interpolation.²

d. It suffices to recite the assigned prayers alternately with a companion, or to follow them mentally while they are recited by another.³

e. In order that deaf-mutes and mutes can gain indulgences for obtaining which vocal prayer is prescribed, these things are established: a. if public prayers are prescribed, they must join themselves to the people and pray mentally; b. if prayers are to be recited privately, they can pour them forth by signs or mentally, or merely read them without any pronunciation;⁴ nevertheless, if the visitation of a church is prescribed, they are bound to visit it.

¹ S. C. Indl., 13 Sept. 1888. Cn. 934. Cf. Bremer, Linz. Quartalsch., 1919, p. 586.

² Cn. 934, 3.

³ Cn. 934, 3.

⁴ S. C. Indl., 18 July 1902. Cn. 936.

323. Various Decrees. From those things which have been established concerning indulgences by the Sacred Congregation of Indulgences, these should be noted:

1. Although partial indulgences which extend to an extraordinarily great number of years must be regarded as suspect, nevertheless indulgences of this kind have sometimes actually been granted; however, by a general decree of 26 May 1898 all indulgences of a thousand or of several thousands of years which are said to have been granted up to this time, or have been granted, are revoked.

2. The words by which indulgences are sometimes granted: in the form accustomed by the Church, signify that they are granted to the truly contrite, i.e., to those who, absolved from sins, exist in the state of grace; and if indulgences are granted under the accustomed conditions, there are understood, besides the state of grace and the intention of gaining the indulgence, confession, communion, and prayers to be said according to the intention of the supreme pontiff.

3. If the faculty is granted of applying indulgences to certain objects in the form accustomed by the Church, these words signify that the application must be made with intention and by forming the sign of the cross over the thing to be blessed, without there being need to pronounce some formula or sprinkle the thing with holy water.¹

4. Indulgences attached to feasts or sacred processions or novendial, septenary, and triduan prayers, which are performed before or after the feast or even during its octave, are understood to be transferred to that day to which feasts of this kind are lawfully transferred, if the transferred feast has an office with Mass without solemnity and external celebration, and the transfer is made in perpetuity, or if the solemnity and external celebration is transferred either for a time or in perpetuity.²

5. Confessors can commute pious works enjoined for gaining indulgences into other works for those who, detained by a lawful impediment, cannot perform the same.³ Commutations which occur in the matter of indulgences must be made in the act of sacramental confession, unless it is expressly granted that they can be made outside confession.⁴

6. He who obtains from the apostolic see diverse faculties, e.g., of a personal privileged altar, of erecting stations of the Way of the Cross, of blessing crosses, medals, etc., must exhibit to the Ordinary the faculty of erecting stations, even if in the grant of this matter no mention has been made; but he need not exhibit the other faculties unless this is prescribed in the grant.

7. With respect to the clause concerning the consent of the Ordinary of the place, which is customarily inserted in rescripts by which the faculty of blessing rosaries, crosses, etc., with application of apostolic indulgences and those of St. Bridget is granted, it has been declared: a. that in order validly to exercise this faculty, it is required that the priest be approved for hearing confessions (at least of men); b. that in order to exercise it licitly, the consent of the Ordinary of the place in which one wishes to use it is required. Although it is to be desired that this consent be express, nevertheless tacit or implicit consent also suffices, and if in practice it cannot be done otherwise, even prudently presumed consent.⁵ g. For religious who do not use this faculty outside their own religious house, the permission of the regular Superior suffices, even if in the rescript it is said: with the consent of the Ordinary of the place.⁶

8. The prayer Sacrosanctae (with Our Father and Hail Mary), from the grant of Leo X, has this effect: that defects and faults contracted from human frailty in paying the sacred office are indulgenced. To obtain this end it suffices that the prayer be said once at the end of the whole office.

It is not necessary that it be recited immediately after the sacred office; the indulgence is acquired even if some interval of time (several hours) intervenes between the sacred office and this prayer. Nevertheless it must be said on bended knees, except in the case of illness or of a graver impediment. Therefore any reasonable cause does not suffice.

Note. To obtain the fruit of indulgences the conditions under which they are granted must be fulfilled integrally and exactly; and in like manner, in establishing confraternities or congregations, the prescribed formalities must be accurately observed, so that the faithful may gain the indulgences attached to them. Knowledge of these matters can be drawn without difficulty from the work cited above, especially very useful to pastors: Beringer-Hilgers, Die Ablasse, etc.

¹ S. C. Indl., 7 Jan. 1843, n. 313.

² Cn. 922.

³ Cn. 935.

⁴ Benedict XIV, const. Convocatio, 25 Nov. 1749.

⁵ S. C. Indl., 14 June 1901.

⁶ S. C. Indl., 4 June 1888.

THERE must always be a just cause for granting an indulgence, otherwise the grantor would not be a faithful dispenser of the mysteries of God, and he would fail in the trust committed to him by God. In practice, however, this does not concern the faithful to whom indulgences are granted; they may rest assured that there is always a just cause for the indulgences which the Church offers for their acceptance.

No one can gain an indulgence unless he is a member of the Catholic Church, and, moreover, he must have the requisite intention, he must be in the state of grace, and he must fulfil all the conditions prescribed for gaining the indulgence.

It is not necessary that the intention be actual; it is sufficient if it be virtual, so that there was the wish to gain the indulgence, and it continues to influence the actions whose performance is required for the purpose of gaining the indulgence. It will be sufficient to form an intention in the morning of gaining all the indulgences which may be annexed to any of the good works done during the following day. Some authorities hold that such a virtual intention is not necessary, but that an habitual, or even an interpretative intention, will suffice. An habitual intention is one which was formed and which has not been retracted, but which does not influence the performance of one’s actions any longer. An interpretative intention does not exist in reality, but it would be elicited if the agent thought of the matter. Inasmuch as an indulgence is a grant made by the Church to all who fulfil certain conditions, these authors maintain that all pious Catholics who value indulgences gain such as are annexed to their prayers and other good deeds without any special intention, ‘This opinion, however, though probable, is not certain, and so it is safer in practice to follow the other, which requires at least a virtual intention, especially as it is doubtful whether probabilism can be used in this matter. Canon 925, sec, 2, says that a general intention is requisite, which many interpret as signifying an habitual intention.

The person who gains an indulgence must also be in the state of grace, for one who is in mortal sin, at enmity with God, and liable to eternal punishment, is not a fit subject for the remission of temporal punishment due to his sins. The Church, too, requires that those who wish to gain the indulgences which she offers to her children should be contrite in heart, or, in other words, in the state of grace, recovered, if they had fallen, by means of sacramental confession, or at least by an act of perfect contrition. When several actions, such as visiting a church, prayer for the Pope, confession, etc., are prescribed for gaining an indulgence, it is not absolutely necessary that all such actions be performed while the agent is in the state of grace; it will be sufficient if the soul be in the state of grace when the last condition is fulfilled and when the indulgence is applied.

Finally, all the conditions laid down by him who granted the indulgence must be faithfully fulfilled by anyone who wishes to gain it. If the indulgence be annexed to the saying of a prayer, the prayer must be said with the lips; it is not sufficient to repeat it mentally. Deaf-mutes satisfy the condition by raising their minds to God in the place where public prayers are said by others (Can. 936), and if one of the conditions for gaining an indulgence is visiting a church and praying therein for the intentions of the Holy Father, they may fulfil this condition by visiting the church and praying mentally or reading the prayers from a book.

The ordinary conditions prescribed for gaining a plenary indulgence are: prayer for the intentions of the Sovereign Pontiff, visit to a church, and confession and Holy Communion.

To satisfy the condition of prayer for the intentions of the Pope, any form of prayer which is not already of obligation will suffice. A priest, therefore, could not satisfy this condition by saying his breviary, to which he is already bound by the law of the Church, but it has been decided that when indulgenced prayers are prescribed by a confessor for sacramental penance, the penitent may say his penance and gain the indulgence at the same time. The length of prayer for the Pope’s intention is not ordinarily defined, but authors are agreed that five Our Fathers and five Hail Marys will suffice. The Pope’s intentions are: the common good of the Church, the propagation of the Faith, the conversion of sinners, heretics, and schismatics, and peace and concord among Christian peoples. To gain the indulgence it is not necessary to have these intentions distinctly in mind; it will be sufficient to pray for the Pope’s intentions in general.

The prayers may be said alone or with others alternately, and they may be said anywhere, unless it is specially prescribed that they are to be said while visiting the church.

Unless some special church is mentioned for the visit, any church or public oratory to which the public have free access may be selected. Semi-public oratories of religious and other communities will suffice (Can. 929), but private chapels will not suffice, unless by special indult.

Canon 931 specially provides that for the gaining of any indulgences whatever, when confession is required, it may be made within the eight days which immediately precede the day to which the indulgence is annexed, and the Communion may be made on the eve of the same day; and, moreover, both may also be made within the whole of the following octave, The faithful who are accustomed, unless they are lawfully prevented, to go to sacramental confession at least twice a month, or to receive Holy Communion daily with a right intention and piously, in the state of grace, though they may abstain from it once or twice in the week, can gain all indulgences, even without actual confession, which otherwise would be necessary to gain them, except the indulgences of an ordinary or extraordinary jubilee or one granted after the manner (ad instar) of a jubilee.

If a visit to a church or oratory is required for gaining an indulgence annexed to a certain day, the visit may be made at any time between midday on the previous day and midnight which terminates the day itself (Can. 923).

Canon 935 grants power to confessors to commute the good works enjoined for gaining indulgences into other good works in favour of those who are hindered from fulfilling them by any lawful impediment.

The conditions enjoined may be fulfilled in any order.

According to the general rule, an indulgence can only be gained once on the day designated, but not infrequently an indulgence is granted toties quoties, and then it may be gained as often as the conditions are fulfilled. In this case if confession and Communion, or in general any good work which is not capable of being repeated on the same day, be among the conditions prescribed, such conditions are only fulfilled once, and the others are repeated as often as it is desired to gain the indulgence. When several indulgences are attached to the same action, and this cannot be repeated, as is the case with Holy Communion, all the indulgences may be gained by the one action. If, however, the action enriched by several sets of indulgences be capable of being repeated on the same day, such as saying the rosary, as a general rule only one set - of indulgences determined by him who wishes to gain them can be gained by performing the action once. Pius X, however, by a decree dated June 12, 1907, made an exception to this rule in favour of rosaries enriched with the Croisiers’ indulgences, which may now be gained in reciting the rosary cumulatively, together with other indulgences already granted to the same rosaries.

It must frequently happen that plenary indulgences cannot be gained in full on account of some obstacle in the way, such as unforgiven venial sin. In such a case Canon 926 makes it clear that according to the intention of the Church the indulgence takes its effect as far as possible, and becomes in fact a partial indulgence.

Almost all indulgences are now applicable to the souls in purgatory (Can. 930). In order that they may be applied to them in fact, the person who fulfils the conditions should form his intention of offering them to God for the benefit of certain souls, or for the benefit of the souls in purgatory in general. It is a controverted point among the theologians whether such application is infallible in its effect or not. The difficulty is about the divine promise to accept such offerings, some theologians holding that such a promise is implicitly contained in the words of our Lord: “ Whatsoever you shall loose on earth shall be loosed also in heaven ”’; others denying this. The negative opinion seems to be more in accordance with the mind and practice of the Church.

Similarly, it is a disputed question among theologians whether one who gains an indulgence for the souls in purgatory must himself be in the state of grace. Many hold that he must be, as he must gain the indulgence himself before he can apply it to the holy souls. Others do not see the necessity of this, for such a one only fulfils the conditions, and on the fulfilment of these the Church offers to God the corresponding satisfactions. Both opinions are probable, but the former is safer in practice.

Objects to be indulgenced should be solid and not easily breakable. Hence pictures on paper, and hollow glass beads, may not be indulgenced; but beads made of solid glass, or of iron, or wood, may be.

Objects do not lose their indulgences as long as they remain morally the same. In a rosary the indulgences are attached to the beads, not to the string, so that even though the string be changed, or a few beads be lost and others substituted for them, the indulgences are not lost. When a crucifix is indulgenced, the indulgence is atta ched to the image, not to the cross. To prevent the danger of simony, indulgences attached to a movable object are lost if it is sold, or if it is completely destroyed (Can. 924, Sec, 2),

First one must speak of the subject capable of gaining indulgences; then of the requisites so that a capable subject may gain indulgences.

Someone can gain several Plenary Indulgences on the same day, the conditions, namely, having been fulfilled, whether the indulgences occur on one day because of a feast, or whether someone through his own devotion has affixed them to such a day of the week or month. But one is bound to visit the Church or public Oratory, when such visitation is required, as many times as there are Indulgences to be gained. Nor indeed does it suffice that in one and the same Church as many prayers or visitations be repeated as there are Indulgences to be gained, unless after each visitation one exits from the Church and enters it again. S. C. Ind. 29 Feb. 1864. Acta S. Sed. Vol. 1, p. 116.

"When, for gaining Indulgences, prayer is prescribed for a determined end, e.g., for the extirpation of heresies, etc., is an explicit intention, expressed each time, required? Resp. Negatively." S. C. Indulg. 22 Feb. 1847.

"1. Can the prayers prescribed by the Supreme Pontiff for gaining a plenary Indulgence be satisfied by prayers already obligatory, e.g., by the Canonical Hours? 2. Are five Pater and Ave, which are customarily recited, sufficient for fulfilling the intention of the Supreme Pontiff, when it has been prescribed that a church or altar be visited, and prayers there be poured forth, as, for example, for gaining a plenary Indulgence it has been prescribed for those associated to the Work of the Propagation of the Faith? Resp. To the 1st: Negatively. To the 2nd: The prayers required in concessions of Indulgences for fulfilling the intention of the Supreme Pontiff are at the choice of each faithful person, unless they are particularly assigned." S. C. Indulg. 29 May 1841.

Those performing Confession and receiving the Most Holy Eucharist in Paschal time can, by this Confession and Holy Communion, gain a plenary Indulgence for gaining which, among other things, Confession and Communion is prescribed; "provided that the Indulgence to be gained is not in the form of a Jubilee, for which alone a particular Confession and Communion is required." S. I. C. 1 May 1844, 19 March 1841. Cf. N. 1068.

"Whether, if indulgences under various titles are annexed to the same pious work which cannot be repeated by the faithful, all can be gained? - Response. Affirmative, provided that the works enjoined truly cannot, or are not customarily, repeated, as confession, unless it is otherwise necessary," namely, in a case of relapse. Sacred Congregation of Indulgences, 14 December 1877; A. S. S., vol. 10, p. 563.

1044. • III. Four things are required in the subject for gaining Indulgences:

1. That he be baptized, because the treasure of the Church cannot be dispensed to infidels; and that he not be excommunicated, because otherwise he is deprived of the communion of spiritual goods.

2. That he be a subject of the one granting ², as is evident from what has been said.

² Nevertheless, travelers are not excluded from Indulgences which have been granted generally in some place to those visiting a Church, altar, image, etc. Marchant, apud Diana, tome 4, tract 5, resolution 50, no. 4.

3. That he fulfill the works enjoined within the prescribed time, because Indulgences are granted under this condition.

4. That he be in the state of grace, at least when he performs the last prescribed work, because the penalty is not remitted unless the guilt has been remitted. St. Alphonsus, no. 433, etc.

1051. • QUESTION 10. Are CONFESSION and ABSOLUTION, even from venial sins, required for gaining Indulgences which are granted with the clause: CONTRITE AND CONFESSED?

Reply 1. Confession is certainly required notwithstanding the state of grace. The reason is that although confession is then not necessary for the remission of sins, nevertheless it is required as a condition, or a prescribed work. This is evident from the Decree of the Sacred Congregation of Indulgences approved by Clement XIII on 19 May 1759. Hence the probability of the opposite opinion, which formerly was defended by many theologians, falls. Confession can, however, be made on the vigil of the day on which the Indulgence is to be gained. Thus the same Congregation established. See St. Alphonsus, no. 534, etc.; Bouvier.

Reply 2. Absolution, however, is not required. This is evident from a recent Declaration of the Sacred Congregation of Indulgences on 15 December 1841. See the work of Father Antonin Maurel entitled Le Chretien eclaire sur la nature et l'usage des Indulgences, page 64. This work was approved by a special decree of the Sacred Congregation of Indulgences.

1052. • QUESTION 11. Is confession required as often as a plenary Indulgence is to be gained?

Reply 1. It is not required with respect to all plenary Indulgences, for there are several Indulgences for the gaining of which no confession is required. Such are the Indulgences granted for the exercise of the Way of the Cross.

Reply 2. It is required with respect to most plenary Indulgences. This is proved from the Rescripts of many grants.

Nevertheless, by a special indult granted in perpetuity, the faithful who are accustomed to confess once a week can gain all plenary Indulgences occurring during the week, provided they remain in the state of grace. Thus from the Decree of Clement XIII, 9 September 1763; and it is also confirmed by the Decree of the Sacred Congregation of Indulgences, 15 November 1841.

Indeed, not a few Bishops, especially in France, obtain from the Roman Curia an extension of this privilege to every other week, or to those who confess twice a month.

Likewise, according to a Decree of the Sacred Congregation of Indulgences approved by Pius VII on 12 June 1822, the faithful who are not accustomed to confess every week can make the confession necessary for gaining an Indulgence on a feast day eight days before the feast.

1055. • QUESTION 15. Is an intention required for gaining Indulgences, and if so, what kind?

Reply 1. An intention at least virtual is certainly required whenever an Indulgence is granted with a certain intention to be formed by the recipient; otherwise it would be null.

Reply 2. In other cases it is disputed.

FIRST OPINION, which seems more probable, teaches that a positive intention, at least virtual, is required. The reason is that the prescribed work must be directed to the end intended by the Church; but one who does not at least virtually intend to gain the Indulgence cannot accomplish this. Thus Billuart, Appendix on Indulgences, article 5. This, however, must be understood only when the matter concerns an end expressly prescribed by the Church.

SECOND OPINION. It holds that a habitual intention suffices. The reason is that of itself no intention is required; for the effect of the Indulgence, or the remission of penalty, depends wholly upon the grant of the Church and not upon the intention of the agent. Hence, although he conducts himself passively and does not attend to the Indulgence, indeed, does not know that he is gaining it when it accrues to him, nevertheless he obtains a right to it. For an Indulgence is granted by the Church by way of payment for the work performed; but for the validity of a payment it is not necessarily required that the one for whom it is made know of it.

In practice the former opinion seems to be recommended as safer and more efficacious for exciting pious movements of the soul. From another consideration, the use of probability does not avail in the matter of Indulgences ⁹, since not probability, but truth produces the effect. Furthermore, it is commonly admitted that an intention formed in the morning suffices for gaining all the Indulgences occurring during the day. Praiseworthy and most useful is the practice of pious souls who always renew in the morning the intention of gaining all the Indulgences attached to the good works which they will perform on that day. Lacroix, etc.

⁹ Others will easily deny this. For it is a very well-known principle that, whenever probable opinions concerning matters situated within the power of the Church are advanced and put into practice, she supplies, wherever there is need, that which pertains to the validity of acts. Now in the present matter, see Diana, tome 4, tract 5, resolution 18, both parties to the dispute have recourse to the mind and will of the Roman Pontiff granting the Indulgences. For those who contend that the performance of the work does not suffice give as their reason that such does not appear to be the intention of the Pope; and conversely those who contend that the performance of the work suffices prove this because it is not to be thought that the Supreme Pontiff requires in one gaining an Indulgence an actual intention, actual being opposed to habitual and interpretative, because neither does the nature of an Indulgence necessarily demand it, nor do the words of the grant signify it, etc. See Laymann, book 5, tract 7, chapter 6, no. 5.

Furthermore, the reason adduced for the first opinion, as the Author says it is to be

1057. • QUESTION 17. Can deaf-mutes gain Indulgences to which vocal prayers are attached, and if so, how?

Reply. Formerly they could not gain these Indulgences, since they could not satisfy the required conditions. But by the benign understood, leads rather to the second opinion. For he establishes that only that end must be intended which the Church expressly prescribes. But the Church certainly has never expressly prescribed that the faithful have the intention of gaining an Indulgence. Therefore. But if the Church sometimes prescribes that the faithful pray for this or that end, for example, that God may deign to humble the enemies of Holy Church, this pertains to the work enjoined, not to the intention of enjoying the gain of the Indulgence. Hence it can happen that someone directs prayers to that end, but neither thinks nor knows anything concerning the gain of the Indulgence. grant of Pius IX on 15 March 1832, they can enjoy this benefit, provided they observe the following: 1. if some Church is to be visited, it will suffice if, in approaching it, deaf-mutes pray to God in mind and affection; 2. if public prayers are to be offered, nothing else is required of them except that they unite themselves with the assembled faithful with a pious mind; 3. if private prayers are to be recited, they can obtain from a Confessor a commutation into any other pious works. See the newspaper L'Univers, 1 February 1854; L'Ami de la Religion, 2 February 1854.

The Stations of the nurturing City. The Stations at Rome are those sacred places distinguished by relics of the Saints, which the faithful are accustomed to visit for gaining the indulgences which are determined for the appointed days. Sacred Congregation of Indulgences, July 9, 1777. The days are found in the Roman Missal. And Regulars who have the privilege that, by visiting the churches of their own Order, they may gain the indulgences of the Stations, acquire them on the aforesaid days noted in the Roman Missal, and not also on others. Sacred Congregation of Indulgences, March 7, 1678. The indulgences of the Stations of the nurturing City are contained in the Rescript of the Sacred Congregation of Indulgences, July 9, 1777, February 28, 1827.

Portiuncula. This is a plenary indulgence which those who visit churches of the Order of St. Francis gain toties quoties on August 2, from first vespers, from noon, by praying for some time in them, confessing sins, and approaching Communion, although in other churches, and on the vigil, indeed even on July 31 and 30. This indulgence in the church of St. Mary of the Angels near Assisi is not suspended during the Jubilee of the holy year.

It was granted that Christ's faithful could gain this indulgence also in other churches. And the concessions made have been prolonged without a day. Likewise provision for new concessions, also without a day, is committed to the respective Ordinaries, who can also, in place of August 2, establish the Sunday next following for gaining the aforesaid indulgence. Holy Office, May 26, 1911; Acta Apostolicae Sedis, vol. 3, p. 234.

Scapular. Those wearing the scapular of the Blessed Virgin Mary of Mount Carmel are piously believed to be preserved from eternal fire. Moreover they enjoy the Sabbatine privilege: that the Blessed Virgin frees those wearing it, on the Saturday after their death, from the punishments of Purgatory.

Soldiers can be aggregated to the confraternity of the Holy Scapular of the Blessed Virgin Mary of Mount Carmel, and gain its indulgences and graces, provided they impose upon themselves the aforesaid scapular already previously duly blessed, and also pour forth some prayers to the Blessed Virgin Mary. Pius X, January 4, 1908.

In place of a scapular, for gaining the respective indulgences, not excepting the Sabbatine privilege, there can be worn a medal of metal, around the neck or otherwise decently upon one's person. On the front side it must bear Our Lord Jesus Christ showing His Most Sacred Heart, and on the reverse the Blessed Virgin Mary. It must be blessed with as many distinct blessings as there are imposed scapulars, by a single sign of the cross, by any priest who has the respective ordinary or delegated faculty of blessing scapulars.

But it is not necessary that someone already be enrolled in the Scapulars; rather he can be enrolled afterwards. Also several medals can be blessed together, which the faithful have together in some assembly, by one sign of the cross, for each scapular. Holy Office, June 4, 1913.

Indulgences of Confraternities are acquired from the day of admission. Admissions to pious Confraternities made without the inscription of names and their transmission have been sanated. And His Holiness "declared that, while the obligation in conscience of inscribing and transmitting the names remains firm, according to the decrees and other prescriptions of the Holy See, the faithful, by the very fact that they are admitted by one legitimately deputed, are to be considered duly enrolled for this effect only: that they may be able to gain indulgences and become participants in other spiritual graces, even if their names, from whatever cause, have not been entered in the register of the sodality." Sacred Congregation of Indulgences, April 23, 1914; Acta Apostolicae Sedis, vol. 6, p. 308.

Way of the Cross. The indulgences for the pious exercise of the Way of the Cross are those which someone would obtain if he personally visited the stations of the Way of the Cross in Jerusalem.

For acquiring the indulgences of the Way of the Cross, its legitimate erection is required, made by one having such faculty, either from the Holy See or from the Minister General of the Friars Minor. The aforesaid faculty must be given in writing for validity. The Friars Minor can erect them, namely either the superior of the place or another of his subjects by his commission.

Regularly it can be erected in churches and public or private oratories, and by special indult it can also be erected outside churches or oratories. The written consent of the pastor and of the superior of the church, religious house, or other pious place where the erection is to be made is required. But the consent of the pastor is not necessary if the place is exempt from him by law or in fact. Likewise the written consent of the Ordinary of the place is required for validity, unless it is a question of churches and houses of Regulars.

Fourteen crosses for the fourteen Stations are to be blessed, as is had in the Appendix of the Roman Ritual; and a document of the erection is to be drawn up and is to be preserved in the episcopal archive or in the archive of the place in which the erection was made.

According to the decrees of January 30, 1839, and November 23, 1878, the indulgences of this most holy exercise are annexed only to the crosses. Hence, according to the ancient and received practice, the crosses must stand out completely and conspicuously above the painted tablets. Sacred Congregation of Indulgences, March 27, 1901, Congregation of Priests of the Heart of Jesus.

For gaining the indulgences, only this is required: to go from one station to another, meditating on the Passion of Our Lord Jesus Christ, insofar as this is possible from the multitude of the faithful and the narrowness of the place. Sacred Congregation of Indulgences, February 20, 1841.

Those who are legitimately impeded from visiting the stations of the Way of the Cross can gain their indulgences by reciting fourteen Pater, Ave, and Gloria, and at the end five Pater, Ave, Gloria in memory of the Holy Wounds of Christ, and finally one Pater, Ave, and Gloria according to the mind of the Supreme Pontiff, while at the same time holding in the hand a Crucifix blessed by some Superior of the Friars Minor, or by another Priest who has obtained this special faculty from the Holy See. E.M.

Besides the indulgences which are acquired by going through the regularly erected Stations, or, when there is a just impediment, by shorter prayers before a Crucifix blessed by the Friars Minor, all other concessions are revoked, and by name those which regard the beads called beads of the Way of the Cross. Holy Office, July 24, 1912.

Crosses called "from Missions." By Decree of the Holy Office, August 13, 1913, all preceding Indults and Privileges having been revoked, uniform indulgences were established for Crosses which are called "from Missions." Acta Apostolicae Sedis, vol. 5, p. 429.

Indulgences and privileges annexed to the Exposition of the Most Blessed Sacrament. Cf. Acta Apostolicae Sedis, vol. 6, p. 74 ff.

Apostolic Indulgences. The indulgences which the Supreme Pontiff is accustomed to annex to objects presented to him by the faithful are only those which are called Apostolic, and which are contained in the list edited by the Sacred Congregation of Indulgences. Holy Office, June 2, 1913; Acta Apostolicae Sedis, vol. 5, p. 305.

The indulgences which His Holiness Our Lord Benedict XV imparts by the blessing of devotional objects. Cf. Acta Apostolicae Sedis, vol. 6, p. 503 ff.

Warnings. In order that someone may be able to gain the indulgences which the Supreme Pontiff Benedict XV imparts to all Christ's faithful of either sex who retain one of the beads, rosaries, crosses, crucifixes, small statues, and medals blessed by His Holiness, it is required:

1. That Christ's faithful wear on their own person one of the objects mentioned.

2. But if this is not done, it is required that they keep it in their own room, or in another decent place of their dwelling, and devoutly recite before it the prescribed prayers.

3. Printed images, painted images, and likewise crosses, crucifixes, small statues, and medals made of tin, lead, or any other fragile or consumable material, are excluded from the concession of the apostolic blessing.

4. Images must represent Saints who have either already been canonized in the customary form, or have been entered in duly approved martyrologies.

The indulgences which the Supreme Pontiff is accustomed to annex to various pious objects are only those which are enumerated in the list edited by the Sacred Congregation of Indulgences, unless the Supreme Pontiff himself expressly declares otherwise. Sacred Congregation of Indulgences, June 12, 1913; Acta Apostolicae Sedis, vol. 5, p. 305.

Plenary indulgence toties quoties on November 2. "On November 2 of any year, Christ's faithful, having confessed and been refreshed by Holy Communion, as often as they visit some church or public or semipublic oratory to give suffrage to the departed, and there pray according to the mind of the Supreme Pontiff, so often can gain a plenary indulgence, to profit only the souls subject to expiatory flames." Holy Office, June 25, 1914; Acta Apostolicae Sedis, vol. 6, p. 378.

Apostolic Blessing in the article of death. The faculty of imparting the Apostolic Blessing, with a plenary indulgence in the article of death, is granted to all Bishops who request it. Bishops can subdelegate it to other Priests. It is to be imparted to all the sick who request it, even to children not yet admitted to First Communion, when they are constituted in danger of death.

The formula prescribed by Benedict XIV is to be used, and it is found in the Roman Ritual. It is necessary that the sick person have received the Sacraments of Penance and Eucharist; but if this cannot be done, it suffices that, at least contrite in heart, he devoutly invoke the Name of Jesus, and receive death from the hand of the Lord with an even and willing soul.

The sick person does not gain this indulgence unless he is in the true article of death and consequently dies. Therefore this indulgence can be acquired only once and is to be given only once by the Priest, even if someone received it in the state of mortal sin or afterwards fell back into mortal sin. It will be enough that before death the aforesaid sick person duly fulfill the required conditions for gaining that indulgence. It can be repeated only if the sick person recovers and falls into a new danger of death. E.M.

1. Certain nuns, who daily recite, according to their Constitutions, the Little Office of the Blessed Virgin Mary, would like to add at the end of the same office commemorations of St. Joseph, St. Francis, and St. Anthony of Padua. Can they?

R. They can indeed add commemorations of St. Joseph, but as regards the other commemorations there is need of a special Indult. Monit. Eccles., v. 6, p. 1, p. 68. But according to Ephemerides liturgicae, July 1892, p. 115, the Indult which permits adding the commemoration of St. Joseph is not general, but for a particular case on account of a pre-existing practice. Cf. S. R. C., Feb. 27, 1883, Rhedonen., ad 3.

2. Veronica asks whether, for gaining the indulgences of the Little Office of the Blessed Virgin Mary and the Sabbatine privilege attached to the scapular of the same Blessed Virgin Mary of Mount Carmel, it is necessary to recite the aforesaid office in the Latin language.

R. Affirmatively. S. C. Indulg., Aug. 18, 1868; May 6, 1887; Sept. 13, 1888. A. S. S. v. 21, p. 191; I. M. 1367.

1. Humbertus, a parish priest, when several persons are present who ask that various scapulars be imposed on them, lest it be wearisome to the people and he himself be too much fatigued, all things having been duly performed, says once, in the plural number, the formula, receive, brothers or sisters, etc., imposing the scapular successively and without interruption on all present, without repeating the aforesaid formula in the singular number for each. Is this licitly and validly done?

R. Affirmatively. Thus from the S. C. Indulg., Apr. 28, 1891, Collect. S. C. de P. F. n. 2175.

2. The same Humbertus, since it is often almost difficult to impose scapulars in the ordinary manner around the neck of women and nuns, then imposes them on one shoulder only. - Is such an imposition valid?

R. Affirmatively. S. C. Indulg., Sept. 26, 1892. A. S. S. v. 25, p. 319.

3. Tecla asks from her confessor that he be willing to commute for her into another pious work the works enjoined for gaining the indulgences of the scapular of the Blessed Virgin Mary of Mount Carmel and the Sabbatine privilege. But Lucas, her confessor, does not know whether he himself has this power.

R. The confessor cannot make a commutation of this sort unless he expressly has the special faculty of making the aforesaid commutation. But this faculty is ordinarily given, together with the faculty of blessing and imposing the scapular, to an approved confessor. Yet it is not necessary that the commutation be made in confession. St. Alph., l. 6, n. 534, XV.

1. Copiosus, a priest, a stipend having been received, promised that he would celebrate thirty Gregorian Masses for the soul of the priest Iustus, recently deceased. But after ten Masses had been celebrated, he interrupted celebrating them for three days, since on those days he had received a very rich stipend for the application of the Mass. Then he celebrated another ten Masses not on the same altar, but on another altar, an unforeseen impediment having supervened. Finally, since he himself could not celebrate the remaining ten Masses, he committed them to another priest, who on days not impeded did not celebrate the Mass of Requiem, but according to the rite of the current day. - Did he act rightly?

R. Copiosus did not act rightly by interrupting the Masses. For the thirty Gregorian Masses, from the institution of St. Gregory himself, who first commanded that they be celebrated for the soul of a deceased monk, are to be celebrated on thirty continuous days, so that no day be omitted. - But that not all those Masses were celebrated on the same altar does not harm the special efficacy of the thirty Masses of St. Gregory. For St. Gregory prescribed nothing concerning the place of celebration, but only determined the time, on thirty continuous days, of offering the divine sacrifice. And this is confirmed from the S. C. Indulg., Jan. 14, 1889. - Likewise, it does not harm the aforesaid efficacy that the thirty Masses are not celebrated by one and the same priest. For although St. Gregory imposed upon one and the same priest that those Masses be celebrated, nevertheless from his words it clearly appears that their efficacy is to be sought only from the continued celebration of Mass for thirty days, and not from the priest celebrating: Take care that no day be omitted on which the saving Host is not offered for his absolution. And this is also confirmed from the S. C. Indulg., Jan. 14, 1889. - Finally, as regards the rite, it seems altogether more probable that the aforesaid Masses, on days not impeded, are to be celebrated in the proper rite for the dead, since St. Gregory says that the saving host is to be offered for the absolution of that deceased person, which in the obvious sense also includes the rite for the dead, when namely the rubric permits this; otherwise it will be enough to celebrate in the rite proper to the day. M. E. v. 12, p. 404 seqq.

616. 1° Principle. For granting indulgences there is required the power of jurisdiction in the internal forum, with authority over the treasury of the Church, and a reasonable cause. It is said:

(a) The power of jurisdiction, because here there is question of a judicial act, but not of the conferral of a sacrament; (b) in the internal forum, because temporal punishment is remitted not only before the Church, but also before God; (c) with authority over the treasury of the Church, because an indulgence is not only absolution, but also payment of some debt, by the help of satisfactions which are contained in the treasury of the Church; (d) and with reasonable cause, and indeed for validity, as all confess; for ecclesiastical Superiors are only administrators of the treasury of the Church, and therefore cannot distribute it unless a just cause accedes, and without prejudice to the right which God has of exacting some punishment from sinners. But because nothing is required of a steward except that he act according to the rules of prudence, that cause will be sufficient which shall seem to Superiors just and proportionate.

A just cause can be to promote the recitation of certain prayers or the fulfillment of pious works, by granting indulgences, so that prayers may be poured forth or works performed more frequently and fervently; or some public utility, or gratitude toward those who have labored for the good of the Church; in one word, whatever can promote the good of souls or the extension of the Church.

617. 2° Corollary. Indulgences can be granted by:

(A) The Supreme Pontiff, who has supreme authority over the treasury of the Church, and can grant indulgences to the faithful of the whole Catholic world, plenary and partial, for the living and for the departed. Moreover all indulgences granted by the Roman Pontiff, unless another thing is established, are applicable to those living in Purgatory (can. 930). Likewise he can bestow them in whatever way seems good to him, by an oracle of the living voice¹ or in writing, immediately or mediately through the organ of some Congregation. Faculties which once, concerning this matter, were granted to the Sacred Congregation of Indulgences, today pertain to the Sacred Penitentiary.¹

¹ "Those who have obtained from the Supreme Pontiff grants of indulgences for all the faithful are bound, under penalty of nullity of the grace obtained, to deliver authentic copies of the same grants to the Sacred Penitentiary." (Code, c. 920.)

¹ With the right of the Holy Office saved "of seeing those things which regard dogmatic doctrine concerning indulgences or concerning new prayers and devotions." Code, c. 258, § 2.

"Besides the Roman Pontiff, to whom the dispensation of the whole spiritual treasury of the Church has been committed by Christ the Lord, only those can by ordinary power bestow indulgences to whom this has been expressly conceded by law."²

² Code, c. 912.

618. (B) Ecclesiastical Superiors inferior to the Pope cannot grant indulgences applicable to the departed;³ - nor add other indulgences to crosses, medals, etc., blessed by the Pope or by another delegate, or to acts or to a sodality⁴ to which indulgences have already been attached, unless new conditions are imposed; - nor divide the same act of piety into parts, and grant to each part all the indulgences which they can bestow; - nor commit to others the faculty of granting indulgences, unless this has been expressly granted to them by the Apostolic See.⁵ Moreover they must observe the norms which the Roman Pontiff himself follows in granting indulgences. These things having been posited:

³ Code, c. 913, n. 2.

⁴ Code, c. 913, n. 3.

⁵ Code, c. 913, n. 1.

(a) Residential Bishops, from possession having been taken, have the right of granting indulgences of fifty days in the places of their jurisdiction.⁶ When a church or altar is consecrated, the consecrating Bishop, although he lacks jurisdiction in the territory, grants an indulgence of one year to those visiting the church or altar on the day itself of consecration, but on the anniversary day fifty days, if he is a Bishop; one hundred, if an Archbishop; two hundred, if a Cardinal of the Holy Roman Church.⁷

⁶ Code, c. 349, § 2, n. 2.

⁷ Code, c. 1166.

Archbishops in their own diocese and in their own province can grant an indulgence of one hundred days.⁸

⁸ Code, c. 274, n. 1.

(b) Cardinals "enjoy the faculty of granting indulgences of two hundred days, to be gained even toties quoties, in places or institutes and for persons of their jurisdiction or protection; likewise in other places, but only by those present, to be gained each time⁹."

⁹ Code, c. 239, § 1, n. 24.

— Common conditions for gaining an indulgence. 1. A capable subject is every baptized person, not excommunicated, in the state of grace at least at the end of the prescribed works, if several are prescribed, and a subject of the one granting (c. 925, §1).

Yet, unless something else appears from the concession, travelers, vagi, and all exempt persons dwelling in the territory can gain episcopal indulgences; but subjects can gain them also outside the territory (c. 927).

2. To gain indulgences there is required at least a general intention of acquiring them, besides due execution of the enjoined works (c. 925, §2).

Although the safer opinion, to which Cardinal de Lugo, d. 27, n. 85, adheres, requires the state of grace even when the indulgence is applied to the dead, nevertheless this is not established. Others hold that it suffices that the prescribed work be done; and this having been posited, the Pontiff himself applies the indulgence to the dead. This is more likely when the indulgence can be obtained for the dead alone, as the indulgence totiens quotiens on the Commemoration of All the Faithful Departed; but other indulgences, as is gathered from the words of c. 930, "No one acquiring indulgences can apply them to others living in this life," seem to be acquired before they are applied. But they cannot be acquired except in the state of grace. Again, however, c. 925, §1, expressly requires the state of grace only so that someone may gain indulgences for himself. Therefore the matter is not free from doubt.

It is controverted whether habitual intention, that is, intention once had and not retracted, but which now no longer moves to acts, suffices for gaining indulgence or not. Some deny that it suffices, since an indulgence is given so that we may be stirred up to the work; others affirm, since the Pontiff is not to be thought less liberal toward those who perform the work of their own accord than toward those who are moved by the stimulus of spiritual gain. And Lehmk., II, 675, thinks that an implicit habitual intention suffices (cf. Palm., t. V, n. 775-778; Beringer-Steinen, Die Ablasse, I, 80 ff.).

But they say that this is already had in the very profession of Christian life. And the general norm by which they think defects are supplied by the Church when it is a question of probable and practical opinions renders us practically more secure (cf. Palm., V, n. 778).

Yet the usage is to be commended of making in the morning the intention of gaining indulgences if any are annexed to works done; this entirely suffices. There is no reason why knowledge of the indulgence itself should be demanded.

But if the condition of the indulgence is a work furnished for a certain end, it is necessary that it truly be referred to that end.

There are some, for example Lehmk., II, 662, who judge that the value of a partial indulgence varies according to the disposition of him who fulfills the prescribed work, since the efficacy of the canonical penance, which the indulgence supplies, would also have been different according to the different fervor of the penitent. Yet against this conclusion it can be objected that the work which is the condition of the indulgence is not truly substituted in place of canonical penance.

— The work satisfying the condition of an indulgence: 1. cannot be a work which by another title, from law or precept, and therefore under sin, is owed, unless something else is expressly said in the concession itself. Yet by the same work someone can both satisfy sacramental penance and gain indulgences (c. 932).

And it already appears alien from the very mind of the Legislator that a spontaneous obligation taken up by vow should remove indulgences from the promised works. What is prescribed by a rule not obliging under sin remains useful for gaining indulgences;

2. when it is done, it must be useful for the end intended by the one granting. Thus the defect of venial vainglory will not prevent the condition from being satisfied by alms prescribed for a military expedition or for the building of a church (cf. Lugo, d. 27, n. 85); but by him who, while fasting, at the same time makes himself drunk, the end of placating God intended by the fast is frustrated (Laymann, L. 5, tr. 6, n. 4);

3. the work must be furnished by the one gaining himself, at least as by the principal cause. For in giving alms someone can use another as an instrument, or even, when advised, consent that alms be given in his name. This consent seems to suffice even if the giving is taken from goods which do not belong to the one gaining the indulgences.

4. the work must be fulfilled morally whole. Therefore a notable omission, though not that of a very small part, for example two or three Hail Marys in the Rosary, will impede the indulgences.

5. by one and the same work several indulgences cannot be obtained at the same time, unless something else is expressly provided, as it has been granted that one recitation of the Rosary of the Blessed Virgin Mary have force for the apostolic indulgences and those of the Crucifers; for the indulgences of the Most Holy Rosary and of the Crucifers (Rescript, June 12, 1907). Yet confession and Communion which are required for obtaining several indulgences do not have to be repeated (c. 933).

6. When several things are prescribed, of itself it matters little in what order the works are performed.

— The prescribed confession is to be made even by him who does not have mortal sins; but absolution is not necessary (Sacred Congregation of Indulgences, May 19, 1759, Decr. n. 214; May 6, 1852, D. n. 259). It is always usefully performed within the eight days which immediately precede the day to which the indulgence is annexed, or within its octave. And the confession which is prescribed for gaining indulgences for pious exercises drawn out over a triduum or week is usefully made also within the octave which immediately follows the completed exercise. Nor is actual confession required from those who a) are accustomed to confess at least twice in the month; or b) nearly daily, that is, five times in the week, receive the Holy Eucharist in grace and with a pious mind. Except the confession required for indulgences of an ordinary and extraordinary jubilee, or after the manner of a jubilee (c. 931).

— The prescribed Communion is always, even for the first Friday of the month, usefully received on the vigil of the day to which the indulgence is annexed, or within its octave; as also within the octave which immediately follows completed triduan or septenary, or octavary, exercises to which indulgences have been granted (c. 931). Except for the indulgence of a jubilee, Paschal Communion has force for gaining indulgences which demand Holy Communion (Sacred Congregation of Indulgences, May 10, 1844).

— The required visit to a church can be made from noon of the preceding day up to the midnight which closes the day to which the indulgence is affixed (c. 923).

This was already granted from June 26, 1911 (cf. Per., VI, p. 8).

Those faithful who, for the sake of striving for perfection, or because of instruction or education or even health, live a common life in houses established with the consent of the Ordinaries, lacking a church or public chapel, satisfy the condition of visiting a church or non-determined public oratory by visiting the chapel of the house in which they can satisfy by law the obligation of hearing Mass; and likewise all persons dwelling there for ministering to them (c. 929).

Therefore this privilege does not have force concerning the indulgence of the Portiuncula, August 2, since then a definite church must be visited; nor in hospital houses erected by lay authority without the intervention or consent of the Ordinary, although the chapel itself has been erected by the authority of the Ordinary; nor does it profit those detained in prison, since the cause of common life is different.

Cardinals, archbishops, bishops, even titular ones, and their households enjoy a similar privilege in the proper chapels of Cardinals, archbishops, or bishops.

But the notion of a public oratory is to be taken from the Code itself; and observe that the formal reason of the Code is no longer taken from access from a public way, but from the fact that all the faithful have, at least during divine offices, the legitimately approved right of approaching it (c. 1188).

Moreover, he visits a church who enters it piously, or with the intention of worshipping God. Formal prayers are not necessary for this. Thus he who goes into a church to confess, to decorate an altar, visits it. If entrance itself cannot be made, either because the door is closed or the crowd prevents it, most hold that it is enough that someone place himself piously at the doors (St. Alph., VI, 538, q. 10). This is more certain when someone joins himself to a crowd which as a whole is judged morally present in the church.

But visits are not multiplied except by going out or departing and by a new approach to the church.

The daily plenary indulgence which, either for a time or as perpetual, is available to those visiting some church or public oratory signifies an indulgence which individual faithful can acquire only once in the year, but on any day (c. 923, §1). It is called daily for the living and dead insofar as it is applicable to the dead. Yet the Basilica of St. Peter has been enriched with a perpetual indulgence after the manner of the Portiuncula.

— Prayers prescribed in general must be at least in part vocal; but any prayers can be chosen.

A definitely prescribed prayer can be recited in any language, "provided the fidelity of the version is established by the declaration either of the Penitentiary, or of one of the Ordinaries of the place where the language into which the prayer is translated is vernacular" (c. 934, §1).

Under the old law, only the condition of fidelity was demanded as essential (Sacred Congregation of Indulgences, Decr. auth., n. 415). Now the printed version must bear the testimony of the Sacred Penitentiary or of the competent Ordinary concerning the fidelity of the version. Yet we judge it enough that a manuscript version be faithful; for testimonies of this kind are not usually sought for such a version.

It is also enough to recite the prescribed prayer with a companion in alternate parts, or to follow it mentally while it is recited by another, for example an act of consecration (c. 934, §3).

But the mute gain indulgences annexed to public prayers if, together with the other faithful praying in the same place, they lift their mind and pious affections to God; but for private prayers it is enough that they recollect them in mind, or pour them forth by signs, or run through them with the eyes (c. 936).

And provision has also been made for the maimed, who cannot perform a bodily act sometimes prescribed together with recitation: it is enough that they pour forth prayers (from audience of His Holiness, October 22, 1917).

But any addition, subtraction, or interpolation takes away the indulgence (c. 934, §6).

This is understood quite severely. Thus the sung Litanies of the Blessed Virgin Mary in which the Kyrie eleison is recited only once, or in which individual Ora pro nobis do not respond to the individual titles enumerated, do not suffice for gaining indulgences (Sacred Penitentiary, July 21, 1919; A. A. S., XII [1920], p. 18).

But what about the custom of inserting, in the middle of the Hail Mary, a brief statement of the mystery to be meditated?

The Sacred Penitentiary, having been privately asked by an orator whether this custom could or could not be preserved and propagated, while the indulgences of the Most Holy Rosary remained intact, responded negatively on July 27, 1920. But then on January 22, 1921, it declared that the indult of 1859 had in no way been revoked, by which Pius IX, for places where the custom had already prevailed, had granted that the faithful reciting the Rosary in such a way could gain its indulgences. And besides, with the Penitentiary itself supplicating, Pope Benedict XV extended the indult in such a way that it profits all who, in any places whatsoever, have been accustomed to recite the Most Holy Rosary according to that custom (A. A. S., XIII [1921], p. 163).

But what, with the indult excluded, seems to have to be answered?

I think the matter must be defined from the mind of the one praying. He who, and this intention is to be presumed, wishes the Angelic Salutation itself to be whole and intact, and merely, after the middle part of the Angelic Salutation, to insert as it were a certain pause through which he recalls the mystery or part of the mystery, seems by this usage to generate no danger to the indulgences. Do they not, in the graver matter of Baptism, admit that Baptism conferred with these words has force: "I baptize you in the name of the Father and of the Son and of the Holy Spirit and of the Blessed Virgin," provided the one baptizing does not wish to number the Blessed Virgin together with the Most Holy Trinity, but merely, after the form of the sacrament, to implore her aid so that she may as it were ratify the Baptism already conferred?

Observe also that the usage of naming the mystery after the word Jesus is to be traced back to Dominic of Prussia, Carthusian, who, at the beginning of the fifteenth century, first joined the mysteries to be meditated with the recitation of the Angelic Salutation, which at that time ended at the word Jesus (cf. Beringer-Steinen, I, 897).

The prayers to be recited are said by those who are at least contrite in heart, that is, who are in the state of grace and can obtain remission of punishments, because sufficient contrition has deleted the fault. The word at least excludes the necessity of recourse to the sacrament of Penance.

— The intention or mind of the Pontiff is the exaltation of the Holy Church, the extirpation of heresies, the propagation of the faith, the conversion of sinners, peace and concord among Christian princes. But it is enough that the one praying wish to offer prayers for the intention of the Supreme Pontiff or for gaining indulgences (Sacred Congregation of Indulgences, July 12, 1817).

But how much must one pray? The matter is not defined. Since the law does not demand except prayer (c. 934, §1), not a few judge that one Our Father suffices. Others object, however, that by so scant a prayer a defect of devotion is demonstrated, by which at least a plenary indulgence is impeded. It is plainly established that five Our Fathers and Hail Marys, or a prayer equivalent to this, suffice. Nor does it seem less certain that fewer prayers suffice if they are recited slowly and with great care⁽¹⁾ (cf. Beringer-Steinen, I, 130 ff.). Moreover any vocal prayer can be chosen, but only mental prayer does not suffice (c. 934, §1).

⁽¹⁾ Today the most common opinion is, and it is sufficiently gathered from the cited decrees, that recitation of five Our Fathers and Hail Marys, or an equivalent prayer, suffices for fulfilling the condition of praying for the intention of the Supreme Pontiff, and also that a shorter one can be enough if it is discharged more devoutly and fervently (cf. St. Alph., l. 6, n. 538; Mocchegiani, Coll. Indulg., 1897, n. 187).

— The general faculty of commuting the works enjoined into others for those who are prohibited from furnishing them by legitimate impediment is granted to confessors by canon 935. This commutation can be made even outside the tribunal of Penance by a confessor, that is, by a priest approved for confessions.

The things said seem to have force also concerning the indulgences of the Portiuncula.

Yet it is necessary that the object or cause of the indulgence be substantially preserved, with only the conditions changed. Thus use of a crucifix blessed for this purpose is substantial so that the Way of the Cross can be supplied; an indulgence granted because of frequent Communion necessarily supposes this Communion. But that which is annexed to feasts supposes only the feast.

— I. Common conditions. There is required: 1. a capable subject: every baptized man, not excommunicated, in the state of grace, unless perhaps he applies the indulgence to the dead, at least at the end of the prescribed works; a subject of the one granting. Yet in the territory of a bishop, of themselves all, even non-subjects, can gain episcopal indulgences;

2. at least a general intention, which several think is already contained in the profession of Christian life;

3. due execution of the enjoined works. Although others judge only the safer parts to be secure, Ballerini-Palmieri judge probable fulfillment of the conditions to suffice, since from the general canon the Church supplies defects.

II. On prescribed works. The work of itself cannot be one already owed from law or precept, except sacramental penance; it must be useful for the end intended by the one granting; it is to be furnished by the one gaining himself, as by at least the principal cause; and it must be fulfilled morally whole. By one and the same work, which can and is accustomed to be repeated, several indulgences cannot be acquired, unless something else is expressly provided. It does not matter in what order the works are done.

The prescribed confession is always usefully performed within the eight days which immediately precede the day to which the indulgence is annexed, or within its octave, as within the octave which immediately follows the completed triduan or septenary exercises. Nor, excepting an indulgence of jubilee or after the manner of a jubilee, is special confession demanded from those who are accustomed to confess at least twice in the month, or nearly daily to receive the Holy Eucharist with pious mind.

The prescribed Communion is always usefully made on the vigil of the day to which the indulgence is annexed or within its octave, as also within the octave which follows completed triduan or septenary or octavary exercises.

A visit to a church can be made from noon of the preceding day up to the midnight which closes the day to which the indulgence is affixed. Of itself the visit is to be made in a public oratory, but privileges and exceptions are had.

Prayers enjoined in general must in part be vocal. For the mute and the maimed special provision is made. If definite prayers are prescribed, any addition, subtraction, or interpolation takes away the indulgence.

The general faculty of commuting for the legitimately impeded the conditions of indulgences is granted to confessors.

III. Cessation of indulgences. A local indulgence ceases when the place has been destroyed. Yet it revives if the church within 50 years is built again in the same or almost the same place and under the same title. One granted to a group is extinguished with the group; but a moral person, after the members have died out, survives for one hundred years, and is judged to remain in one surviving member. Indulgences annexed to Rosaries or things cease if they altogether cease to be, or are sold, but not if they have passed to another gratuitously.

For obtaining an indulgence three things are required: 1. the due intention; 2. the state of grace and true communion of saints; 3. the fulfillment of the prescribed works. Each of these must be treated separately.

550. 1. On the necessary intention. Since an indulgence is a benefit which everyone who has not positively contradicted it is presumed to accept, even the least true intention suffices for gaining it, at least if it is a question of an indulgence to be gained for oneself. Although, therefore, it is better and more advisable frequently to elicit an actual intention of gaining all indulgences, nevertheless this actual intention is not necessary. Any virtual intention suffices, and even a habitual intention, that is, one which was once had and was never retracted. Nor is it required that someone know that an indulgence is joined to some work or prayer. It suffices that the work be duly performed and that there be at least a habitual intention of gaining all indulgences. If it is a question of indulgences to be applied to the souls in purgatory, at least a virtual intention is required, which was once actually elicited and was never retracted. If someone wishes to apply some indulgence to a determinate soul, an actual explicit intention is certainly required. Otherwise a general intention suffices, for example, of applying all indulgences to the deceased detained in purgatory, or of applying them to that soul which is most abandoned.

551. 2. On the state of grace and perfect communion of saints. The following cannot gain indulgences:

a) the non-baptized and the excommunicated;⁶⁴ because these are not in the perfect communion of saints, nor are they participants in the goods which accrue to the living members of the Church;

b) those who are in the state of mortal sin. Concerning this matter St. Thomas teaches:⁶⁵ "A dead member does not receive influence from the other living members. But he who is in mortal sin is as a dead member. Therefore through indulgences he does not receive influence from the merits of the living members." Furthermore, an indulgence by its nature is the remission of temporal punishment. But how can temporal punishment be remitted if, because of mortal sin, eternal punishment still remains? Indeed, even venial sin not yet remitted prevents the whole temporal punishment from being condoned. The remaining punishments of other sins already destroyed can then be destroyed through indulgences, but not the punishment of venial sin not yet remitted. This doctrine is valid also for indulgences to be applied to the souls in purgatory. Such, at least, is the more probable opinion. St. Thomas⁶⁶ says absolutely: "Indulgences, simply speaking, avail as much as they are proclaimed to avail, provided that on the part of the grantor there is authority, on the part of the recipient charity, and on the part of the cause piety, which comprises the honor of God and the utility of one's neighbor."

The intrinsic reason is that indulgences to be applied to the souls in purgatory must first be possessed by a living man, who then applies them to the souls in purgatory. But a sinner cannot acquire and possess any indulgence for himself.⁶⁷ Busembaum, Suarez, Escobar, and others hold the contrary opinion.⁶⁸ The Sacred Congregation, when asked several times whether the state of grace is necessary for gaining an indulgence for the dead, was unwilling to give an answer. On August 20, 1822, it answered: "Deferred"; and on February 22, 1847, it answered the same question: "Let approved authors be consulted." It is certain, however, that a sinner cannot apply any indulgence to the dead if this or a similar clause is contained in the grant: "He who with a contrite heart devoutly does this." For a sinner is not contrite.

If several works are prescribed for gaining an indulgence, it suffices that the last work be performed in the state of sanctifying grace; for then the indulgence is actually granted.⁶⁹

⁶⁴ Code of Canon Law, c. 925, § 1, and c. 2262.

⁶⁵ Suppl., q. 27, a. 1.

⁶⁶ Ibid., q. 25, a. 2.

⁶⁷ St. Alphonsus (Theol. mor., l. 6, n. 534) calls this opinion the truer one.

⁶⁸ Cited by St. Alphonsus, loc. cit. It seems certain that a Mass celebrated at a privileged altar (whether local or personal) by a sinful priest nevertheless produces a plenary indulgence. The reason is that the whole efficacy of the sacrifice of the Mass comes principally from the work performed (ex opere operato) and not from the work of the one performing (ex opere operantis).

⁶⁹ Thus St. Antoninus, Benedict XIV, and Theodore of the Holy Spirit; and the Raccolta (p. VII) and the Code of Canon Law, c. 925, § 1, agree.

552. 3. On fulfilling the prescribed works. The general rule is: The prescribed works must be faithfully fulfilled according to the intention of him who granted the indulgence, so that a substantial change renders the indulgence to be gained invalid. Slight changes or omissions, however, do not prevent the gaining of the indulgence, for example, the insertion of the individual mysteries in the recitation of the Rosary. In particular, the following must be noted:

a) The prescribed works must be fulfilled personally.

Only the alms to be given are excepted, which can also be given by another who has been asked. Thus, for example, parents can give the prescribed alms for their children. Since the prescribed works must be fulfilled personally, no one can apply an indulgence to another living person.⁷⁰ Such, at least, is the current discipline. Of itself nothing prevents the Pope from granting indulgences which can also be applied to other living persons (provided that they are in the state of grace), but no such grant yet exists. One person can indeed satisfy for another, and consequently pious men often offer their satisfactions to God for the faults of others; God accepts these satisfactions.⁷¹ But since the application of indulgences depends upon the will of the Pope, who is the sole dispenser of the treasury of the Church, and he has not hitherto permitted one person to fulfill the prescribed works and another living person to receive the indulgence, and thus indulgences to be applied to other living persons, such an application is therefore invalid.⁷² Moreover, scarcely any good may be hoped for from this application; because it does not appear how the exercise of virtues would be promoted in those to whom indulgences would thus be applied.

b) The prescribed works must be fulfilled according to the quantity, quality, mode, time, place, and so forth, as is required in the grant of the indulgence. Therefore every "substantial" change or omission (whether culpable or not) renders the gaining of the indulgence invalid.⁷³

c) The works must be supererogatory, that is, not already prescribed from another source under sin, unless, however, the one who grants the indulgence has expressly established the contrary.⁷⁴

Hence, if fasting is prescribed for gaining some indulgence, such an indulgence cannot be acquired through the Lenten fast or another fast prescribed under sin. The reason is that by one action several obligations cannot be satisfied, each of which demands a distinct action. A further reason is that otherwise indulgences, which take the place of satisfactions due, would become too easy. There are, however, some exceptions: Thus a) by the Easter Communion someone can gain an indulgence for which Communion is necessary (a special Communion, however, is customarily required for gaining the jubilee indulgence);⁷⁵ b) through prayers and other pious works which are imposed by the confessor as a salutary penance, indulgences can be acquired if these works are enriched with indulgences;⁷⁶ c) since fasts, prayers, and other pious works prescribed in religious orders are not accustomed to oblige under sin, religious can gain indulgences through the same works and prayers.

The particular works which are customarily imposed for gaining indulgences are: a) confession, b) Communion, c) the visit of some church, d) certain prayers. A few things must be said concerning each.

⁷⁰ Cf. Lugo, De poenit., disp. 27, n. 77.

⁷¹ St. Thomas, Suppl., q. 71, aa. 1 and 4.

⁷² Code of Canon Law, c. 930; Palmieri treats this matter excellently in Analecta eccl. III (1895), 89, and Gennari, Consult. mor. I, 90.

⁷³ Raccolta, p. VIII; cf. St. Alphonsus, Theol. mor., l. 6, n. 534, and Sacred Penitentiary, November 26, 1934 (Acta Apost. Sed. XXVI, 643).

⁷⁴ Code of Canon Law, c. 932.

⁷⁵ Decreta authentica Congregationis Indulgentiarum, n. 327 ad 1.

⁷⁶ Sacred Congregation of Indulgences, June 11, 1901; Code of Canon Law, c. 932.

553. a) On confession.

When confession is expressly enjoined in the grant of an indulgence, it is necessary even for those who have only venial sins.⁷⁷ A sacramental confession performed within the eight days before or after the day designated for gaining the indulgence suffices for gaining any indulgences.⁷⁸ For some dioceses, because of a scarcity of priests, an indult has been granted that someone can gain all indulgences, provided that he makes confession every fortnight. Thus, for example, it is in all Prussia and in the archdiocese of Freiburg. Indeed, the Christian faithful who are accustomed (unless they are legitimately impeded) either a) to confess at least twice in a month, or b) worthily to receive the most holy Eucharist daily (although they abstain from Holy Communion once or twice a week), can, without weekly confession, gain all indulgences which otherwise could not be acquired without confession (the jubilee indulgence excepted).⁷⁹ Therefore, for example, a priest who says Mass daily or almost daily can gain all indulgences, even if he is able to confess only once in three weeks.

⁷⁷ Decreta authentica Congregationis Indulgentiarum, nn. 214; 253 ad 2; 359 ad 4.

⁷⁸ Code of Canon Law, c. 931.

⁷⁹ Ibid., § 3.

554. b) On Communion.

1. One and the same sacramental Communion suffices for gaining several indulgences granted for the same day, each of which requires Communion, provided, however, that the other prescribed works are performed as many times as the indulgence is to be acquired.⁸⁰ The reason is that it is not lawful for ordinary faithful to receive Communion several times on the same day; but on the other hand it would be harsh to deprive them of the manifold indulgence granted for such a day. Therefore, if the Church wishes to grant several indulgences on the same day, she must also permit one Communion to suffice for gaining them.

2. If an indulgence has been granted for a determinate day, it is always lawful to perform the prescribed Communion already on the preceding day or during the following octave.⁸¹ Sometimes, however, still greater liberty is granted, for example, for the "As Often As" (Toties Quoties) indulgences of the Portiuncula and of the Rosary. Special rules must be observed for the jubilee indulgence.

3. If Communion and the visit of some church are prescribed for gaining an indulgence, by receiving Communion in this church and reciting the prayers both precepts are fulfilled at the same time; Communion can nevertheless be received in any church and afterward the visit can be made in the church specially prescribed.⁸²

4. Those who, because of prolonged illness or another permanent physical impediment (for example, those confined in prison, those sailing at sea, and so forth), cannot receive Communion and perform the prescribed visit of a church, can, after making sacramental confession, obtain from the confessor a commutation of Communion and the visit into another pious work.⁸³

5. Members of several confraternities, sodalities, and so forth can obtain a commutation of Communion and the visit still more easily, as is to be seen in the privileges of each confraternity.

6. Ordinarily the obligation of receiving Communion cannot be commuted into another work for children who have not yet approached the most holy Eucharist.

⁸⁰ Decreta authentica Congregationis Indulgentiarum, n. 291 ad 1, and Code of Canon Law, c. 933.

⁸¹ Code of Canon Law, c. 931.

⁸² Raccolta, pp. XIII and XVIII.

⁸³ Sacred Congregation of Indulgences, September 18, 1862, and January 16, 1886; Code of Canon Law, c. 935.

555. c) On the visit of a church.

1. The visit of a church is not required for gaining an indulgence unless this is expressly established in the grant. If the visit of a determinate church is prescribed, this church must certainly be visited; but if the visit of some church is prescribed in general, then it suffices and is required that any church properly so called, or at least a public oratory, be visited. The visit of some semipublic oratory, however, would not suffice apart from an indult, such as has been granted to the faithful living in community, as will be said below under n. 5. Although, therefore, all can fulfill the Sunday precept in a semipublic oratory by hearing Mass, nevertheless not all fulfill the obligation of visiting a church annexed to the gaining of some indulgence.⁸⁴ Concerning the "As Often As" (Toties-Quoties) indulgences of the Portiuncula, the Sacred Penitentiary declared that the Christian faithful can gain them on August 2 in one church and, on the immediately following Sunday which may have been substituted according to n. VII of the decree of the Sacred Apostolic Penitentiary of July 10, 1924, in another church (Sacred Penitentiary, January 13, 1930: Acta Apost. Sed. XXII, 43).

2. For gaining several indulgences, for each of which a visit is prescribed, it does not suffice to make one longer visit, but as many distinct visits are required as the indulgences to be acquired. Therefore it is necessary that one leave the church after each visit.

3. If a visit is required on an appointed day, it can be made from noon of the preceding day until midnight which closes the appointed day.⁸⁵

4. It is controverted among authors whether someone, by hearing Sunday Mass, can at the same time gain an indulgence for which the visit of a church is prescribed. The affirmative opinion is held by authors of great name, for example, by Reiffenstuel, Minderer, and others; but the negative opinion is the truer, since works for gaining indulgences must be supererogatory, as was said above.⁸⁶ If, however, someone remains in the church before or after Mass, he seems to satisfy the prescribed visit.

5. The faithful of either sex who, for the sake of instruction or education, or even of health, lead a common life in houses lacking a church or public chapel but established with the consent of the Ordinaries, as well as all persons dwelling there to minister to them, whenever for gaining indulgences the visit of some church in general, that is, one not determined, or of some undetermined public oratory is prescribed, can visit the chapel of their own house, in which they can lawfully fulfill the obligation of hearing Mass.⁸⁷ Those who live in perpetual enclosure are accustomed to have the privilege of gaining all indulgences for which even the visit of a determinate church is prescribed, if they visit their own church.⁸⁸

⁸⁴ Decreta authentica Indulgentiarum, n. 310; Raccolta, p. XV. Cf., however, below under n. 4.

⁸⁵ Code of Canon Law, c. 923.

⁸⁶ Cf. Beringer-Steinen, Die Ablässe¹⁵ I, n. 124.

⁸⁷ Holy Office, January 14, 1909 (Acta Apost. Sed. I, 210); Code of Canon Law, c. 929.

⁸⁸ Sacred Congregation of Indulgences, July 8, 1896.

556. d) On the prayers to be recited.

1. If certain prayers are determined for gaining an indulgence, it is required that they be recited orally and not only mentally, unless, however, someone is assisting at public prayers enriched with indulgences.⁸⁹ The prayers can be recited in any language, provided that the translation has been approved by some local Ordinary.

2. The prayers to be recited for the intention of the Supreme Pontiff are left to the free determination of the one praying. Hence any supererogatory prayer (therefore not the recitation of the breviary already prescribed from another source) suffices: one Our Father, Hail Mary, Glory Be, or any other prayer.⁹⁰ The intention of the Supreme Pontiff according to which the prayers are to be recited is: the exaltation of Holy Mother Church, the extirpation of heresies, the propagation of the faith, the conversion of sinners, and peace among Christian princes. But it is not required that someone have explicitly in mind all these individual intentions; it suffices that he pray in general according to the intention of the Supreme Pontiff.⁹¹

3. It is lawful to recite the prescribed prayers alternately with a companion, for example, the Rosary, the Our Father, and so forth; but any addition, subtraction, or interpolation prevents the gaining of the indulgence.⁹²

4. For the mute it has been granted: a) if public prayers are prescribed, they must join themselves to the people and pray mentally; b) if private prayers are prescribed, they can recall them mentally, express them by signs, or merely run through them with their eyes;⁹³ c) if the visit of a church is prescribed, it suffices that they visit this church and pray there mentally.

⁸⁹ Sacred Congregation of Indulgences, September 13, 1888, and Code of Canon Law, cc. 934 and 936.

⁹⁰ Cf. Sacred Penitentiary, September 20, 1933 (Acta Apost. Sed. XXV, 446). For gaining the "As Often As" (Toties-Quoties) indulgences, six Our Fathers, Hail Marys, and Glory Bes are required. Cf. Sacred Penitentiary, July 10, 1924 (Acta Apost. Sed. XVI, 347), January 13, 1930 (Acta Apost. Sed. XXII, 43), and July 5, 1930 (Acta Apost. Sed. XXII, 363).

⁹¹ Decreta authentica Congregationis Indulgentiarum, n. 344 ad 3.

⁹² Decreta authentica Congregationis Indulgentiarum, n. 249 ad 4; Code of Canon Law, c. 934, § 2. In the recitation of the Rosary, however, it is lawful also to add after each Hail Mary the mystery to be meditated upon. Sacred Penitentiary, January 22, 1921 (Acta Apost. Sed. XIII, 164).

⁹³ Code of Canon Law, c. 736.

557. Scholion. On the collections pertaining to the matter of indulgences. It has already been said above that the matter of indulgences was devolved upon the Holy Office as regards dogmatic doctrine, and upon the Sacred Penitentiary as regards use and concession. The Congregation of Indulgences was suppressed by Pius X through the Constitution Sapienti consilio of June 29, 1908. There exist two authentic collections concerning indulgences. The first is the Collection of Prayers and Pious Works for Which the Holy Indulgences Have Been Granted by the Supreme Pontiffs (Raccolta di orazioni e pie opere per le quali sono state concesse dai Sommi Pontefici le ss. indulgenze), edited by Canon Telesphorus Galli in 1807. A new and more complete edition of this work appeared in 1898. All the indulgences contained in this collection are certainly authentic; but from this it is not yet lawful to conclude that all other indulgences are apocryphal, especially if they were granted to determinate places or confraternities. All the indulgences which the Raccolta presents are applicable to the souls in purgatory. The second authentic collection is the Authentic Decrees of the Sacred Congregation Set over Indulgences and Sacred Relics from the Year 1668 to the Year 1882, Published by the Command and Authority of Our Most Holy Lord Pope Leo XIII. Ratisbon, 1883 (Decreta authentica S. Congregationis Indulgentiis sacrisque Reliquiis praepositae ab anno 1668 ad annum 1882 edita iussu et auctoritate Sanctissimi D. N. Leonis PP. XIII. Ratisbonae 1883). This collection contains the authentic decrees of the Sacred Congregation of Indulgences, but since the year 1883 very many new decrees concerning indulgences have been issued which are not contained in this collection. A new authentic edition is greatly desired.

674. The gaining of indulgences requires the capacity of the subject and the fulfillment of the prescribed works.

A. A subject capable "of gaining indulgences for himself, from can. 925, § 1, 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": for the concession of indulgences is an act not of order but of jurisdiction over subjects, which cannot be exercised over non-subjects. Nevertheless it can happen that someone becomes, as to this matter, a subject by his mere presence in the territory, for "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, transients, and all exempt persons dwelling in the territory" (can. 927).

But how he who grants an indulgence can gain it for himself St. Thomas declares, q. 27, a. 4: "An indulgence must be given for some cause, in order that by an indulgence someone may be provoked to some act which tends to the utility of the Church and the honor of God. But a prelate, to whom the care of the utility of the Church and of propagating the divine honor has been committed, does not have a cause for provoking himself to this. And therefore he cannot make an indulgence for himself alone, but he can use an indulgence which he makes for others, because for them there is a cause of making it." And indeed "no one can exercise an act of jurisdiction upon himself; but those things which are given to others by authority of jurisdiction, a prelate also can use both in temporal and in spiritual things... And thus a bishop can receive for himself the suffrages (that is, satisfactions) of the Church which he dispenses to others, the immediate effect of which is the remission of punishment through indulgences, and not jurisdiction" (ad 1), for "an indulgence is not given by way of a sentence," "which no one can pronounce upon himself," "but by way of a certain dispensation, which a man can make toward himself" (ad 3).

The state of grace required is of itself sufficient at the moment at which the indulgence is to be gained, namely, at the end of the prescribed works; not before, unless some work, for example holy Communion, supposes the state of grace. The necessity of this is frequently expressed by this formula: "with a heart at least contrite"; which signifies nothing except that he who is not in the state of grace must at least recover grace for himself by an act of perfect contrition (S. C. Indg., Dec. 17, 1870). Outside this case, the state of grace does not seem to be required for gaining indulgences in favor of the dead, since they are in grace: nevertheless many think otherwise; yet it seems certain that the indulgence of a privileged altar comes to the dead person if the priest sacrilegiously celebrates in the state of sin, because the value of the sacrifice to which the indulgence is annexed in no way depends on the celebrant.

B. The fulfillment of the prescribed works is prescribed by can. 925, § 2, to be done in this way: "That a capable subject may truly gain indulgences, he must have at least a general intention of acquiring them and fulfill the enjoined works at the stated time and in the due manner according to the tenor of the concession."

Hence: I. An intention at least habitual is required, that is, one formerly had and not retracted, at least a general intention of gaining all indulgences, even unknown ones: for an indulgence is a benefit which must be accepted; - nor does a merely interpretative intention suffice, which would be but is not; a virtual intention is commended, and in a particular case it can be required if the ordination of the work to a special end requires it.

II. The enjoined work must truly be fulfilled, so that if someone by ignorance or inability is impeded from carrying it out, he cannot gain the indulgence: for it is not granted except under that condition; unless, however, provision has otherwise been made by the one granting for those impeded.

III. Generally the work must be supererogatory, for from can. 932: "by a work which someone is obliged by law or precept to perform, an indulgence cannot be gained, unless something else is expressly said in its concession; nevertheless one who performs a work enjoined upon him as sacramental penance and perhaps enriched with indulgences can at the same time both satisfy the penance and gain the indulgences." Likewise indulgences can be gained by paschal Communion, except the indulgence of the Jubilee (S. C. Indg., May 1, 1844); likewise by observing the statutes or pious customs of religious communities, if they do not oblige under sin.

IV. The prescribed work must be good in itself, not substantially vitiated, and it must be fulfilled integrally, at least as to substance, and in that place, time, and manner in which it is determined by the tenor of the concession.

1. As to place, if an indulgence is affixed to some place, it must necessarily be visited.

2. As to time: a) "A plenary indulgence granted for the feasts of Our Lord Jesus Christ or for the feasts of the Blessed Virgin Mary is understood to be granted only for feasts which are found in the universal calendar."

b) "A plenary or partial indulgence granted for the feasts of the Apostles is understood to be granted only for their natal feast."

c) "A plenary indulgence granted as daily perpetual, or for a time, to those visiting some church or public oratory, is to be so understood that it can be acquired on any day, but only once in the year by each faithful person, unless something else is expressly said in the decree" (can. 921).

d) "Indulgences annexed to feasts or sacred supplications or novena, septenary, and triduum prayers, which are performed before or after the feast or even during its octave, are understood to be transferred to that day on which feasts of this kind are legitimately transferred, if the transferred feast has the office with Mass without solemnity and external celebration and the transfer is made in perpetuity, or if the solemnity and external celebration is transferred either for a time or in perpetuity" (can. 922). Therefore if only the office with Mass is transferred for a time and without solemnity and external celebration, the indulgence remains affixed to the day, even if it is Friday in Parasceve (S. Poen., Feb. 18, 1921).

e) "For gaining an indulgence affixed to some day, if a visit of a church or oratory is required, this can be made from noon of the preceding day up to midnight which closes the stated day" (can. 923).

3. As to manner, the enjoined works must be performed personally by him who wishes to gain the indulgence; nevertheless, with his consent or mandate, the giving of alms can be done by another, for example by a father or superior for a son or subject, or by the ministry of another, for example a servant or friend.

In particular: a) "If for gaining indulgences prayer in general according to the mind of the Supreme Pontiff is prescribed, mental prayer alone does not suffice; but a vocal prayer can be chosen at the discretion of the faithful, unless some particular prayer is assigned." Nevertheless the Sacred Penitentiary, Dec. 7, 1933, declared that indulgences annexed to invocations and ejaculatory prayers can also be acquired by only mental recitation of them.

b) "If a particular prayer has been assigned, indulgences can be acquired in whatever language the prayer is recited, provided that the fidelity of the translation is clear from the declaration either of the Sacred Penitentiary or of one of the Ordinaries of the place where the language into which the prayer is translated is common; but indulgences cease entirely by any addition, subtraction, or interpolation." This, however, is to be understood only of those changes which alter the substance of the indulgences (S. Poen., Nov. 26, 1934).

c) "For the acquisition of indulgences it is enough to recite the prayer alternately with a companion, or to follow it mentally while it is recited by another" (can. 934).

d) Prayers are not to be said on bended knees or in a determined place, unless this is expressly noted.

e) Nor must a determined order be used in the fulfillment of works, unless it is specially prescribed, provided that the last work is performed in the state of grace.

C. The ordinary conditions for plenary indulgences are confession and Communion, and prayers according to the intention of the Supreme Pontiff, with which a visit of a church is often joined, and sometimes pious exercises publicly performed.

1. Confession and Communion. - a) When an indulgence is granted to those contrite and confessed or by some other similar clause, sacramental confession is necessary even for those who are not conscious of mortal sin, although for these absolution is not required.

b) "For gaining any indulgences whatsoever, a confession perhaps required can be made within the eight days which immediately precede the day to which the indulgence has been affixed; Communion, however, on the vigil of the same day; and both also within the entire following octave" (can. 931, § 1).

c) "Likewise for gaining indulgences granted for pious exercises carried on for a triduum, week, etc., confession and Communion can also be made within the octave which immediately follows the completed exercise" (ibid., § 2).

d) "The faithful who are accustomed, unless legitimately impeded, to approach the sacrament of Penance at least twice in a month, or to receive holy Communion in the state of grace and with a right and pious mind daily, although once or twice in the week they abstain from it, can obtain all indulgences, even without the actual confession which otherwise would be necessary for gaining them, except indulgences either of the ordinary and extraordinary Jubilee or after the manner of a Jubilee" (ibid., § 3).

2. Prayers according to the intention of the Supreme Pontiff. That intention is usually for the prosperity and exaltation of the Catholic Church, for the extirpation of heresies and the conversion of all who are erring, and for the peace and unity of the whole Christian people. Now prayers are to be recited according to the choice of each one, unless particular prayers are determined (can. 934, § 1); from the declaration of Sept. 20, 1933, it suffices if someone has recited one Our Father, Hail Mary, and Glory Be. Nevertheless, for the indulgence of the Portiuncula or another to be gained toties quoties, at least six Our Fathers, Hail Marys, and Glory Bes are required (S. Poen., July 10, 1924; Jan. 13 and July 5, 1930). When it is prescribed that a church be visited and prayers be poured forth there, this is to be done.

3. The visit of a church must be religious, from the intention of worshiping God:

a) If prescribed determinately, for example of a parish church or of that church to which the indulgence is annexed, it is to be performed in this church, and in it prayer is to be made according to the intention of the Supreme Pontiff; although the other conditions can be fulfilled elsewhere, and the reception of holy Communion also together with the visit.

b) If prescribed indeterminately, it can be made in any church or public oratory; - but it does not suffice in a semi-public or private oratory; this is granted only to cardinals and bishops with their households for their own chapels, if for the indulgence there is prescribed a visit of the church of the place in which they are actually staying (can. 239, § 1, 11; and 349, § 1, 1).

c) But "the faithful of either sex who, for the pursuit of perfection or for instruction or education or even for health, live a common life in houses lacking a church or public chapel, established with the consent of the Ordinaries, and likewise all persons dwelling there for ministering to them, whenever for gaining indulgences there is prescribed a visit of some non-determined church, or of some indeterminate public oratory, can visit the chapel of their own house in which they can satisfy by law the obligation of hearing Mass, provided they have duly performed the other enjoined works" (can. 929). This does not hold for those detained in prison, - nor for the indulgence of the Portiuncula, since this requires the visit of a determined church.

d) Concerning this matter the Sacred Penitentiary declared on Sept. 20, 1933: "The condition of visiting a church or public or (for those legitimately using it) semi-public oratory is fulfilled by going to the church or to the oratory at least with a certain general or implicit intention of honoring God in himself or in his saints, with some prayer being used, and indeed the prescribed prayer, if any was imposed by the one granting the indulgence, or any other, whether oral or even mental, according to each one's piety and devotion.

Those things which are required for the visit of a church or oratory are also to be observed in the visit of some image or altar."

e) One who on the same day wishes to gain several indulgences, each of which requires a visit of a church, must, unless otherwise expressly stated, perform as many visits as he wishes to gain indulgences; but visits are not multiplied except by a true exit outside the Church and a new entrance: thus, for example, for an indulgence toties quoties.

f) One who on a Sunday or feast day enters a church to hear Mass by precept does not satisfy the visit required for an indulgence; nevertheless many say that he does satisfy if he arrives in good time and before Mass has begun prays according to the intention of the Supreme Pontiff, or even if he prolongs the visit after Mass and then pours forth the prayers.

4. "Pious exercises are then said to be publicly performed only when they are commonly held in churches or in public or (for those legitimately using them) semi-public oratories; in other cases they are understood to be privately performed" (Collection of Indulgences 1938, preface, n. 7).

D. Commutation of works can sometimes be made:

a) According to can. 935: "The pious works enjoined for gaining indulgences confessors can commute into others for those who, detained by a legitimate impediment, are unable to perform the same." This faculty a confessor can exercise even outside confession, provided that he can here and now validly and licitly hear the confession of the one in whose favor he commutes; not indeed concerning works which would substantially affect the object or cause of the indulgence, such as intention, the state of grace, the use of a crucifix, spiritual exercises to which an indulgence is attached, but concerning the especially ordinary conditions of confession, Communion, prayers, fasting, or even the visit of a church, even a determined church, as for gaining an indulgence toties quoties (com. int., Jan. 19, 1940). This, however, seems to be understood of a church which is situated in the same place; - otherwise any confessor could render all penitents participants in all the indulgences of all the churches of the whole world which they could not approach.

b) From can. 936: "The mute can gain indulgences annexed to public prayers if, together with the rest of the faithful praying in the same place, they raise their mind and pious affections to God; and if it is a matter of private prayers, it is enough that they recall them in mind, express them by signs, or merely run through them with the eyes."

c) From the special concession of Oct. 19-22, 1917, the mutilated can gain indulgences, for the gaining of which the recitation of prayers together with some bodily act is enjoined, which they are unable to perform, by pouring forth the prayers alone.

1789. - 1) Let the things noted at n. 1779. q. 19°. 20°; n. 1780. 3°. 6°. 7° be recalled. But the Indulgences proper to these objects, see Conc. Pl. Balt. II. p. 340.

2) To one and the same of these objects several diverse Indulgences - indeed also at the same time to several objects, whether of diverse or of the same kind, all the Indulgences proper to the same - can be applied by one blessing, i.e., by one Sign of the Cross.² Nevertheless the Rosaries of St. Dominic and the Chaplets of the Seven Sorrows of the Blessed Virgin Mary must be blessed with their own formula,³ which see in Rit. Rom. Baltim. 1873, p. 474, 493.

3) An Indulgence granted to a Crucifix is affixed to Christ alone; this, therefore, can be transferred from one Cross to another.⁴

4) For gaining the Indulgences of Rosaries to which Papal Indulgences have been applied (or those of the List of Conc. Pl. Balt. II. p. 340): a) it suffices that, if several recite together, other cares however being set aside, only the owner of the Rosary hold it in his hand;⁵ b) meditation on the Mysteries is not required;⁶ c) it is required that the recitation not be morally interrupted.⁷ See the things said at n. 1788. 3).

Note. - All these things also are required and suffice for gaining the Indulgences of the Rosary of St. Dominic, except: 1° that the Mysteries are to be meditated upon by those who are capable of meditating on them;⁸ 2° that the confreres of the Most Holy Rosary gain the Indulgences granted to them, although they morally interrupt the Rosary, provided they complete the whole Rosary (15 decades) within one week.¹

1791. - In order that one may participate in the spiritual graces of Scapulars, these four things in general are required:

I. It is necessary that the Scapulars be of the prescribed matter, color, and form.

II. They are to be blessed and imposed by one having faculty.

III. Reception into the confraternity is necessary.

IV. They are to be worn constantly, and indeed after the manner of a Scapular.

The individual requisites are explained.

I. a) Matter. - It is necessary that Scapulars be of wool, and indeed woven, not knitted, or embroidered by needle, although they can have knitted or embroidered ornaments, even not of wool, provided these are not of such a kind that the prescribed color no longer prevails.

b) Color, - namely white with a visible Cross, whose upright is of red wool and whose crossbeam (under it) is of blue wool for the Scapular of the Most Holy Trinity; - black for the Scapular of the Blessed Virgin Mary of the Seven Sorrows; - dark brown or black for the Scapular of the Blessed Virgin Mary of Mount Carmel; - blue (azure) for the Scapular of the Blessed Virgin Mary of the Immaculate Conception.

c) Form, - namely they ought to consist of two parts in such a way that one descends over the breast, the other over the shoulder; yet it does not hinder validity if the little cloths of various Scapulars, some placed over others, are sewn to only two cords, which cords however ought to be of red color (this at least is safer) if one joins the Scapular of the Passion of the Lazarists to the four aforesaid Scapulars. - S. C. Ind. also decreed, August 18, 1868,¹ that nothing was to be changed as regards the oblong or at least square form of the Scapular.

1792. - II. Blessing and imposition by one having faculty.

a) Blessing and imposition, - by the prescribed or indulted formula, pronouncing at least the words which are substantial. You have most blessings in Rit. Rom. Baltim. 1873. - When several together desire to receive the Scapular, it is lawful to use in the plural the formula: Accipite viri devote, etc.; yet, unless a special indult is had, the Scapular must be imposed on each one to be aggregated, and indeed by one having power, but not (outside the case of a special indult) by the one to be aggregated. - Nevertheless a priest having the faculty of blessing some Scapular can bless and impose it on himself, provided that he has that faculty indiscriminately, and not only taxatively, e.g., for some community of Nuns only.

Addendum and Corrigendum to a). - It was asked: "Whether one who obtained from the Superior of the respective Order the faculty of blessing and imposing 'the said four Scapulars' (which are blessed and imposed by the Fathers of the Congregation of the Most Holy Redeemer) can licitly and validly use the shorter formula approved by the Sacred Congregation of Rites" (for the aforesaid Fathers), "without having obtained for this a special faculty from the Holy See?" The response was given by the Sacred Congregation of Indulgences, on 12 Sept. 1883: "Validly indeed, but not licitly." The Pastor, vol. II, p. 22 (123).

"Sometimes it happens, . . . that, when a priest legitimately deputed for this imposes the Scapular . . . on the faithful, Scapulars are lacking before satisfaction could be given to the desires of all the faithful." Hence it was asked: "Whether one and the same Scapular once blessed can validly be imposed on several in turn, only the formula of reception or imposition being repeated over each one?" - S. C. Ind., July 20, 1868,² responded: "Affirmatively; yet in such a way that the first Scapular which the enrolled person afterward must wear be blessed."

A Scapular can also be blessed and imposed on little children not yet having obtained the use of reason. S. C. Ind., August 29, 1864.³

If it happens that a Scapular is lost or worn out, each one can assume for himself a new one not blessed. Except, outside the case of a special indult, the Scapular of the Most Holy Trinity, which must be blessed anew, even in the case in which the red and blue Cross is no longer found on it.

b) Blessing and imposition by one having faculty.

That faculty is obtained either from the Holy See, or from Superiors General (or Religious deputed by them) of the Orders which wear that larger Scapular to which the small one corresponds. - Our Bishops can and are accustomed to grant the faculty of blessing the Scapular of the Blessed Virgin Mary of Mount Carmel. See p. LXXIII. n. 9.

c) One having the faculty of blessing a certain Scapular, by that very fact has the faculty of granting to those aggregated in the article of death the general absolution, yet, under penalty of nullity, by the formula of Benedict XIV, c. Pia Mater, with the name of the proper holy Founder added to the Confiteor. S. R. C., May 7, 1882.

1793. - III. Reception into the confraternity in the case in which reception of the Scapular carries with it reception into the confraternity, as when the Scapular of the Most Holy Trinity, or of the Blessed Virgin Mary of the Seven Sorrows, or of Mount Carmel is received.¹

But inscription of the names of those received, outside the case of a special indult, "is necessary for those receiving the Scapulars of the Most Holy Trinity and the Blessed Virgin Mary of the Seven Sorrows; but not for those receiving the Scapular of the Blessed Virgin Mary of Mount Carmel. - Nevertheless the aforesaid priests are to be warned," i.e., those to whom belongs the faculty of receiving the faithful into the sodality of the Blessed Virgin Mary of Mount Carmel, "that they not omit to have the names of those received enrolled in the list of the nearest sodality itself, or respectively of the Monastery of Religious, lest in their death they be deprived of suffrages." Thus S. C. Ind., September 17, 1845.²

The material act of inscribing can be done by anyone. S. C. Ind., September 25, 1844.³

1794. - IV. Wearing of the habit, - a) so continuous that, by the very long time during which you put off the Scapular, or by the motive for which you put it off, you do not seem to renounce the sodality. Therefore he who has put off the Scapular from contempt or from impiety, or for a time so long that he had almost lost the memory of the sacred habit, will more safely take care that the Scapular be blessed and imposed on him anew. - b) After the manner of a Scapular, namely so that hanging from the neck, by one part it covers the breast, by the other the shoulders. - Yet it is not necessary that it be worn immediately upon the body, so that it physically touches it.

1795. - Quaer. What is required so that someone may enjoy the privilege called Sabbatine?

Resp. 1° This privilege, concerning which see Benedict XIV¹ and the Roman Breviary,² is annexed only to the Scapular of the Blessed Virgin Mary of Mount Carmel.

2° Besides those four things concerning which we spoke in nn. 1791-1794, there is required:

a) That each one cultivate chastity according to the manner of his state.³

b) That he who knows how to read daily recite the little Office of the Blessed Virgin Mary, i.e., the nocturn of the day with Lauds, and the other hours of the same day, and this according to the Roman rite, unless someone has his own rite approved by the Holy See - excepting however those who are already held to recitation of the divine Office.

c) That those who do not know how to read observe the fasts of the Church, and abstinence on Wednesday and Saturday, except the day of the Nativity of the Lord.

But "a grave impediment supervening," e.g., grave illness, S. C. Ind.⁴ responded that confreres are not held to the things said under b) and c); "nevertheless the faithful are to be counseled that in this case they subject themselves to the judgment of a learned and prudent confessor for obtaining some commutation." - But if there is question of a non-grave impediment, commutation must be obtained from a confessor endowed expressly with faculty for this;⁵ but the commutation does not necessarily have to be made in Confession.⁶

Question 11. Whether confession is required as often as a plenary Indulgence is to be gained?

Resp. Affirmatively, as regards most of them, as is proved from the rescripts of many concessions. - I said most, for although for all the state of grace is certainly required, nevertheless confession is not likewise required, as is clear by the example of the plenary indulgence conceded for the exercise of the Way of the Cross. - But here it must be observed:

1°. § 1. For gaining any indulgences whatever, confession perhaps required can be performed within eight days which immediately precede the day to which the indulgence was affixed; but communion on the vigil of the same day; but both also within the whole subsequent octave.

§ 2. Likewise, for gaining indulgences conceded for pious exercises led through a triduum, week, etc., confession and communion can also be made within the octave which immediately follows the completed exercise.

§ 3. The faithful of Christ who are accustomed, unless legitimately impeded, to approach the sacrament of penance at least twice in a month, or to receive holy communion daily in the state of grace and with a right and pious mind, although once or twice in the week they abstain from the same, can obtain all indulgences, even without actual confession which otherwise would be necessary for gaining them, except indulgences either of the ordinary and extraordinary jubilee or after the manner of a jubilee (Can. 931).

2°. Not a few Bishops have obtained an equivalent privilege in favor of those who are accustomed to confess twice in a month, namely in any space of fourteen days.

3°. Those privileges do not regard the plenary indulgence which is conceded after the form of a Jubilee, for whose right understanding the very words and tenor of the concession must always be attended to. - Cf. Prinzivalli, n. cclix. - Acta S. Sedis, vol. 11, pp. 358 and following, and vol. 18, p. 412.

Question 16. Whether, or what kind of, intention is required for gaining Indulgences?

Resp. § 2. But that a capable subject may really gain them, he must have at least a general intention of acquiring them . . . (Can. 925).

When, for gaining indulgences, a prayer is prescribed for a determined end, for example, for the extirpation of heresies, an explicit intention, expressed each time, is not required. S. Cong. Indulg., 12 July 1847.

Question 1. What are the conditions for gaining these Indulgences?

Resp. They are the following: 1°. That the faithful of Christ carry some one of the stated objects on their own person.

2°. But if this is in no way done, it is required that they keep it in their own room, or another decent place of their habitation, and before it devoutly recite the prescribed prayers.

3°. Images engraved by printing, painted images, and likewise crosses, crucifixes, small statues, and medals made of tin, lead, or other fragile or consumable material are excluded from the concession of the apostolic blessing.¹

4°. Images must represent Saints who either have already been canonized in the customary form, or have been described in duly approved martyrologies. - S. Off., 5 Sept. 1914. - A. A. S., vol. 6, p. 503.

¹ Cf. Addenda, p. 1140, n. 101.

Question 2. Whether our Priests could, by delegation, concede Apostolic Indulgences?

Resp. Affirmatively, speaking generally, for to our Bishops there was conceded not only the faculty of applying these Indulgences, but also "of communicating this same faculty with presbyters functioning in the sacred ministry." - I said, speaking generally, because in fact this communication was not found in all dioceses. - Cf. now S. C. Consistorialis, 25 Apr. 1918. See Can. 349, § 1; 239, § 1, n. 6; 913, n. 1.

Question 3. How practically is the application of these Indulgences made?

Resp. Our Most Holy Lord Pius X "deigned to decree and declare:

"In blessing several similar or diverse objects of religion, which are offered joined or commingled to a priest furnished with several faculties, and to be enriched in themselves with indulgences by force of diverse faculties, one sign suffices for several blessings and attachments of indulgences. And the declaration is not extended to metallic medals to be substituted for scapulars, concerning which in the decree of the S. Office given on the day 16 December, in the year 1910." S. C. S. Off. (S. D. I.), 18 May 1914.

Question 3. What are the other conditions required for a valid erection?

Resp. Besides the mentioned delegation it is required: 1°. that the Crosses be wooden, and 2°. that the Stations be somewhat distant from one another. But because the indulgences are properly attached to the Crosses, these can be transferred to other Images without detriment to the indulgences. - Cf. Acta S. Sedis, vol. 11, p. 401.

XI. Only the baptized faithful are apt for gaining indulgences, if they be free from mortal sin. Since indulgences remit temporal punishment, which cannot be remitted so long as the guilt of the fault remains. It is nevertheless not necessary that all the works prescribed in the bull of indulgences be performed in the state of grace, provided they be fulfilled with a penitent mind. The state of grace nevertheless is required at least when the last work is fulfilled, because then the indulgence obtains its effect.

Titius goes to Confession and confesses all his mortal sins and as many of his venial sins as he can remember. Thereupon he elicits contrition for all his sins, both mortal and venial, and resolves to avoid all mortal sins in the future, and as many of the venial sins as the grace of God shall enable him to avoid. Then he receives absolution. Are not all his sins, both mortal and venial, remitted quoad culpam? If now, before committing any new sins, he complies with all the requirements for gaining a plenary indulgence, does he not gain the indulgence? Why then do the theologians say that it is very rare that any one gains a plenary indulgence? For instance, Father Noldin says: “Although every plenary indulgence, so far as depends upon the one granting it, can remove the whole temporal punishment, nevertheless not everyone gains it fully, but very many gain it only in part: for in those who have no fault, not even venial (is not this the case of Titius?), all punishments are removed; but in those who still have some venial sin, the punishments due for faults already removed are indeed remitted, but not those which are due for the fault still remaining.”—p. 355.

Answer.—There are two questions involved in the above case. The first question is: Are not all sins forgiven quoad culpam if they are confessed as fully as possible, and repented of? The second question is: Why should it be so difficult to gain a plenary indulgence, in such a case, since a plenary indulgence is gained by those who are free from all culpa of sin, and comply with the conditions of the indulgence?

Ad. I. When a penitent confesses all his mortal sins and as many of his venial sins as he can remember, and is then sorry for all his sins both mortal and venial, ex motivo universali, or if he be sorry for his mortal sins ex motivo particulari and for his venial sins ex motivo universali, v. g., because they are a refusal of obedience to God, or because they keep the penitent from being united more closely to God, and if then the penitent resolve to avoid not only all mortal sin in the future, but all venial sin, in as far as the grace of God will enable him, and then receives absolution, all his sins, both mortal and venial are remitted quoad culpam, and all his mortal sins, quoad poenam aeternam, but not quoad poenam temporalem.

Ad. II. If now he comply with all the conditions for gaining a plenary indulgence, and does not in the mean time commit the slightest fault, then he gains the plenary indulgence. But as it is almost impossible for a person not to commit some very slight sin, v. g., of impatience, or lack of perfect charity toward one’s neighbor, etc., apart from a very special grace of God, which is not ordinarily given, then the penitent does not gain a plenary indulgence, i. e., there is a temporal punishment and a culpa remaining on account of the sin of impatience or lack of charity, which prevents the gaining of a perfect plenary indulgence. Ballerini says: The faithful rarely cast off every affection, even the slightest, toward any venial sin, and conceive sufficient sorrow for all venial sins so as to obtain complete remission.

Theoretically, a penitent confessing all the venial sins that he can remember, and eliciting sorrow for all venial sins, confessed and not confessed, ex motivo universali, i. e., a motive equally applicable to all venial sin, and who then resolves to avoid all venial sin in the future, as far as he can with the grace of God assisting, such a penitent is absolved from all “culpa peccati,” both mortal and venial, and if he does not commit any new venial sin before complying with all the conditions of a plenary indulgence, then certainly he gains the plenary indulgence plenarie.

Practically, this happens so rarely, that theologians say that it is very rare that a person gains a plenary indulgence plenarie.

But although the indulgence granted “ut plenaria” is not gained plenarie, or plenissime, it is certainly gained partialiter, and the opinion which says that an indulgence, granted ut plenaria, must be gained either plenarie or nullo modo, so that it must have either the whole effect or none, is not a probable opinion.

Applied correction from Woywod’s opening insert: Case XXXIX, page 193.—The last paragraph should be omitted since the new Code does not require a re-consecration of the chalice and paten, for Canon 1305 states that the chalice and paten do not lose their consecration when the gold plating wears off or when replated.

A pilgrim to Rome had a small cross blessed by the Holy Father and endowed with the indulgence toties quoties for the dying. Upon his return home, he removed from the crucifix the body, had it silver-plated, replaced it and presented it to a friend. Subsequently he inquired of a priest whether the great indulgences were still attached to the cross? What answer should he receive?

The pilgrim should be told that the great indulgences (excepting the case stated below) are surely still attached to the Cross. Two reasons may cause a doubt: (1) because the pilgrim removed the body from the Cross; (2) because he had it silver-plated. Both things may be done without interference with the indulgence. The first did no harm, because in the case of crucifixes the blessing is bestowed upon the image of Christ, so that this, without losing the indulgences, can even be attached to another cross of any material whatsoever (S. C. Ind.; April 11, 1850).

Neither is the silver-plating of any consequence, as is clear from the generally accepted rule about blessed articles. Indulgences cease on account of change of material of the blessed object only in case the change is an essential one (Beringer, Indulgences, p. 340, 1oth edition). An alteration is, in the unanimous opinion of theologians, essential when the added material, in comparison to the material of which the blessed article consisted, is of the same or greater quantity, because in any other case it may truthfully be said that the article consists morally of the same material as before. Without doubt this is so in the case of silver-plating, in which the thin silver coating is generally far less in quantity than the material of the blessed article, so that the latter, even after the plating, in a moral sense remains the same as in form so in material.

We said generally: for if in our case a heavy silver-plating of the crucifix should have brought about that the silver covering exceeded in quantity the material of the image of Christ, or equalled it, then, according to the stated rule, the indulgences are no longer on the Cross.

That, with exception of this case, the blessing and indulgence continue, follows from the rubrics about analogous blessings of churches and articles of divine worship. It is quite certain that a church building does not forfeit its blessing by being white-washed, or even if given a substantial coating, with marble plates, etc.

It is true that a chalice after being regilt inside must be reconsecrated, and from this it would seem to follow that in our case the blessing would have to be repeated. This is not the fact, for several reasons. Our case is one of simple blessing, while the chalice is consecrated by blessing and anointing, and, furthermore, the reason of the precept to rebless a chalice after regilding is not the view that the blessing of the chalice had been lost through regilding, or because the plating per adjunctionem non fit sacra, as both would be in opposition to the teaching on the subject of blessings: but because the chalice is consecrated on account of contact with the Blood of Christ; hence, when its surface has not been consecrated, it is necessarily required that the chalice be consecrated anew. Apud. S. Alphonsum l. V. n. 370 dub. 2.

For this reason an exterior regilding of the Cuppa of the chalice may evidently take place without interfering with the blessing.

In a dejected mood the priest Caius comes to a confrater and relates that he has just been made aware that the invocation of the holy Name of Jesus on part of the patient is a conditio sine qua non for granting the indulgence for the dying: he has heretofore neglected to make the sick aware of this, and he asks if at least those persons may have gained the indulgence who, though not ad hoc, but by chance, for instance, in saying the Hail Mary, had pronounced the name of Jesus. What answer is to be given?

We have to consider here three points: (1) Whether the invocation of the name of Jesus is an indispensable condition for gaining this indulgence. (2) Whether it is sufficient if the patient, not specially to gain the indulgence, yet otherwise, pronounces the name of Jesus? And (3) if even such casual invocation has not taken place, is all hope excluded that the sick person may have gained the indulgence?

(1) As is well known the granting of the indulgence for the dying, the benedictio apostolica in articulo mortis, is based upon the Bull Pia Mater of Benedict XIV., issued in the year 1747. With truly motherly love the Church wishes to come to the assistance of her dying children. The benedictio may be administered to all the seriously sick, but the indulgence is only gained in vero mortis articulo, at the moment of death itself. Surely every priest regards it as his sacred duty, in accordance with the intention of the Church, to apply this indulgence to the dying, and to take care that all conditions are fulfilled, so that there may not happen what the pious and learned Martinus Aspilcueta states in the words It often happens that someone confesses and dies full of Bulls but empty of indulgences. The conditions for gaining this indulgence for the dying are the following: (1) The intention (habitual at least) of gaining the indulgence. (2) Confession and Communion, where possible. (3) The state of grace, if not at the moment when the benedicto is given, yet at the moment of death: for just at that moment the indulgence is gained. Hence, the Ritual says: Si confessionem non petat, excitet illum ad eliciendum actum contritionis. (4) Acts of contrition and charity, and, particularly, the willing acceptance of death from the hand of God. Upon this condition Benedict XIV. lays most particular stress and in the bull Pia Mater there is specially provided: that the priests strive by every means to rouse the dying faithful to elicit new acts of sorrow for the sins committed and to conceive most fervent affections of charity toward God, but especially to accept death itself from the hand of God with an even and willing mind. For we chiefly impose and enjoin this work upon those placed at such a moment, so that they may prepare and dispose themselves to obtain the fruit of the plenary indulgence. The priest must draw the attention of the dying to this condition, and it is best done in Confession, or when otherwise alone with the patient. (5) The priest must strictly adhere to the formula a Bene-dicto XIV. praescripta, as found in the Ritual. Is there not time enough for the priest to say the whole formula, he may make use of the abbreviated formula extracted from Benedict’s formula and worded: I grant you a plenary indulgence and the remission of all sins. In the name of the Father and of the Son and of the Holy Spirit. Amen. This brief formula, although not found in the Rituale Rom., is, nevertheless, approved by Rome, and is contained in the appendix of breviaries approved by Rome. Finally (6), the invocation of the holy Name of Jesus. This last condition we will examine here more closely.

It would appear at first sight that the invocation of the holy name is not required as conditio sine qua non, because this condition is mentioned neither by the bull Pia Mater nor in the rubrics of the Rituale Rom. However, this condition is mentioned in the rescripts to individual bishops, through which the faculty is given them to grant this indulgence, and to subdelegate for it. Decisive is the answer of the Congregation of Indulgences of September 20, 1775, to the question: Is the invocation, at least mental, which is mentioned in the Briefs sent to bishops concerning this blessing, prescribed, for as long as the sick person is in possession of his mind, as an indispensable condition for gaining the indulgence by virtue of this blessing? The answer given was: Yes. This answer received in recent times a positive confirmation, even in sensu extensivo. The Archbishop of Dublin submitted to the Holy See the question as to whether the invocation of the holy name of Jesus was required also in missionary territories. For such districts permission to grant this indulgence is not given in briefs, in which the invocation of the holy name of Jesus is prescribed, but. by reason of a constitution of Clement XIV., in which the invocation of the holy Name is not mentioned. Moreover, this constitution was issued three years before the decision of the Congregation of Indulgences of September 20, 1775. Is it required, the archbishop asked, as an indispensable condition for gaining the aforesaid indulgence, that a sick person situated in mission territories, while he is in possession of his mind, invoke the name of Jesus orally if he can, but if not, in his heart? The answer of the Congregation of Indulgences on September 22, 1892, was: Yes: i. e., the invocation, at least mental, of the most holy name of Jesus is an indispensable condition for all the Christian faithful who, being placed at the point of death, wish to obtain a plenary indulgence by virtue of this blessing, according to what this Sacred Congregation decreed in a case from Vienna on September 20, 1775.

It is evident from this decision of the Congregation that, for the gaining of the indulgences, it is absolutely necessary for the patient, provided he be conscious, to invoke the name of Jesus, with the lips if possible, otherwise in spirit.

(2) The second point is whether the patient must expressly and ad hoc, that is, with the intention of gaining the indulgence, invoke the holy Name, or whether it suffices if the patient pronounce the name of Jesus casually, for instance, in saying the Hail Mary, or in some ejaculatory prayer. We reply that, for gaining the indulgence, it suffices if the patient pronounces the name of Jesus in any manner, and has, at least in general, the intention of gaining the indulgence, even though he does not know that the invocation of the holy Name is a condition. We must conclude this from an analogous case. According to the general teaching of theologians an indulgence is gained by performing the prescribed act, if one has in general the intention of gaining all possible indulgences, though one may not know that an indulgence is joined to this particular act. What is to be said, we might further ask, if the patient pronounces the name of Jesus only in a prayer which he is obliged to say, for instance, a prayer imposed as a penance? In this case we also may suppose with certainty, that the patient gains the indulgence. P. Schneider (Indulgences 8, p. 79) expressly remarks that this is the view held in Rome, and that confessors with preference impose as penance prayers to which are joined indulgences: it may be supposed therefore that this custom has the silent approval of the Popes.

It is required that the patient must, if possible, pronounce the name of Jesus with the lips. Is it necessary that others, the priest, for instance, should hear it? We reply: this is not necessary. This is a matter analogous to the prescribed recitation of the Breviary. The Breviary is oratio verbalis, a verbal prayer. It suffices if the words are formed with the articulating organs, it is not necessary to say them so that others hear them; indeed, the priest need not even hear them himself. If the pronouncation or forming of the word Jesus is no longer possible, it suffices for the patient to do it in the spirit ut invocet nomen Jesu saltem corde.

When must this invocation of the holy Name take place? Must it be done when the benedictio apostolica is given, or is it sufficient if the patient fulfils this condition later, directly before death for instance? We reply, the latter suffices. We conclude this from analogous cases. If, for instance, some one received the benedictio apostolica in the state of grievous sin, but later attains the state of grace, the benedictio apostolica could not be repeated. Once the benedictio has been given to the patient, he gains the indulgence, even if he only fulfils the conditions in the moment of death; i. e., if he enters the state of grace at the moment of death. As with the state of grace, so with the other conditions, it suffices if they are complied with in articulo mortis, for at that very moment the indulgence is gained. Therefore, it is sufficient if the invocation of the holy Name of Jesus, if not at the moment of receiving the benedictio from the priest, takes place later on, even at the moment of death.

(3) Let us now pass to the third question. If the patient does not at all invoke the name of Jesus, is there no hope that he may yet have gained the indulgence?

In general, an indulgence cannot be gained when an essential condition is not fulfilled, this applies even if this happens as a consequence of inability or ignorance. “If anyone,” the Raccolta says, “omits the work prescribed altogether, or a considerable part of it, either from ignorance or neglect, or even from inability, he will not gain the indulgence.”

As regards the indulgence for the dying, it should be observed that the Church herself dispenses in the case of the patient’s inability from the condition of the Invocatio nominis Jesu; for, according to the Ritual, the benedictio apostolica may, and should, be given, even to persons deprived of their senses, whether unconscious or insane. In case of the unconscious sick the invocation is entirely dispensed with; it is required only of sick who are conscious, and these latter, if possible, must pronounce the holy name of Jesus, or at least invoke it mentally. The condition is such an easy one that with the conscious sick there can be no inability: the question is: What will be the consequence if, on account of ignorance, this condition were not complied with? We reply: Ignorance would be no excuse of itself; for the invocatio is conditio sine qua non. If, therefore, a conscious patient neither invokes the holy Name with the lips, or, this being impossible, in spirit, he will not gain the indulgence. Yet it is to be observed how unlikely this would be in the case of an otherwise well-disposed Catholic, and for this reason our Father Caius probably need not worry with regard to the patients whom he failed to remind of this invocation.

While discussing details we may cite a few other cases: A sick man while receiving the benedictio apostolica omitted to pronounce the name of Jesus with the lips, although quite able to do so. Later, though retaining consciousness, he grows so weak that he can no longer pronounce the holy Name with the lips; he, however, invokes it in spirit. Does he gain the indulgence? We answer, Yes. For he in fact fulfils all conditions immediately before death. Our answer would be the same even if he, while capable, intentionally and in malice omitted to pronounce the holy Name with the lips; but later on, seized by remorse, and no longer able to invoke the holy Name with his lips, does so in spirit, for he, too, has fulfilled the conditions.

A man, to his last conscious and capable of pronouncing the holy Name with his lips, invokes it only in spirit. Does he gain the indulgence? We think we have to answer: No, at least it seems very doubtful. For even if the answers of the Congregation of Indulgences of the years 1775 and 1892 only say that the Invocatio saltem mentalis Ssi nominis is conditio sine qua non, yet they provide: the invocation of which mention is made in the Briefs given to the bishops. I have been unable to inspect such a brief, but I think I may conclude from the words of P. Schneider (Indulgences 8, p. 679), and also from the inquiry of the Archbishop of Dublin that these briefs probably read: that the sick person, so long as he is in possession of his mind, invoke the Name of Jesus with his lips if he can; if not, in his heart.

Therefore, the words Invocatio saltem mentalis de qua, etc., of the decision of the Congregation, must be taken in this sense. In our case, however, the man could have pronounced the holy Name with his lips, but did not do so, ergo.

One more case. The patient at the time when the benedictio is given him, omits to pronounce the name of Jesus; later he becomes unconscious and dies. Did he gain the indulgence? If he culpably neglected the invocatio, because he did not care for the indulgence, then he has not gained it, there was lacking the intentio lucrandi indulgentiam. If, however, the invocation was omitted without fault (from ignorance), and the patient had the good will to gain the indulgence, then the matter is doubtful. From the decision of the Congregation of Indulgences a negative answer seems to be in order. But cannot this case be considered analogous to the case of an unconscious person receiving the benedictio? In articulo mortis both are in the same condition, both have the habitual intention, over both the benedictio is pronounced, and while theone was at that time not yet unconscious, now, at the moment of death, he is in the same condition as the other. I would not exclude all possibility of his gaining the indulgence. But would this opinion not make the decision of the Congregation illusory? Not entirely, it would apply if the patient had not lost consciousness, and yet he neither pronounced the holy Name with his lips, nor in spirit, although he could have done so.

The priest—let us emphasize this in conclusion—should never neglect to draw the patient’s attention particularly to the two conditions, or ready acceptance of death from the hand of God, and of pronouncing the holy name of Jesus. It will be best to do this when hearing the Confession. Both conditions may be included in a short ejaculatory prayer which the patient should be asked to repeat, for example, “O God, I humbly accept thy holy will. Jesus, my Lord and Saviour, have mercy on me.” Ig. Rieder.

Mother Pia, an Ursuline who has taken solemn vows, when wishing to gain plenary indulgences, makes the visits of a church, as is required, but in order to save time she says no prayers, but part of her appointed office (officium parvum B. M. Virg.).

Question.—Is this enough to gain the plenary indulgence?

The good works prescribed for those endeavoring to gain a plenary indulgence are usually Confession, Communion, visit to a church, and prayer for the Holy Father's intention. The first point to decide is whether prayers that one is already bound to say suffice for this purpose. The unanimous answer is that they do not: " nec sufficit, nisi id expresse concedatur, praestare opera jam aliunde debita, ut sunt v. g. jejunium quadragesimale, recitare Breviarium, etc" Marc. 1730 (5) with reference to Decr, auth., n. 291 (2).

Beringer writes in the same way (Die Ablässe, I, Part X. p. 80, etc.): " A work which one is already for other reasons bound to perform cannot serve to gain an indulgence, unless the Pope has given permission for it to serve, either when granting the indulgence or in some special decree. It is impossible for one action to satisfy two obligations, each of which requires the performance of this action.... Therefore, failing any special indult, fasting on the forty days of Lent, or on Ember days, or vigils, cannot take the place of a fast ordered as a condition for gaining an indulgence. In the same way, according to an answer given by the S. Congregation of Indulgences, on May 29, 1841, a priest cannot for gaining an indulgence say his Office instead of the prayers prescribed by the Pope."

The question whether the visit to a church on Sundays and holidays, for the purpose of hearing Mass, suffices to gain the indulgence, is answered by some authors affirmatively and by others negatively. The latter give as their reason the fact that to visit a church and to hear Mass are two different things. Beringer advises those who cannot easily pay a second visit to the church, to come early to Mass or to stay after it is over, so as to make the visit and say the required prayers.

With regard to the penance imposed in confession, according to papal rescript of June 14, 1901, any indulgences attached to it may be gained; but from the question which elicited the abovementioned decision, it does not appear that the performance of the penance can take the place of the prayer to be said during the visit to the church, as a condition to gaining a plenary indulgence (Acta S. Sedis, tom. XXXIV. p. 125), unless the confessor, who can impose opera aliter debita by way of penance (S. Alph., 1. VI. 513), should allow it.

After these general remarks we may answer the question of Mother Pia. In the cases to which we have referred the works have been opera stricte, i. e. sub peccato debita. As to the prayers imposed on religious by their Rule, in most cases they do not bind under sin, although, as theologians show, any avoidable omission of them per accidens is generally not free from venial sin. Therefore Beringer writes: " As in religious communities the Rule is generally not binding under sin, the prayers and pious practices, enjoined by the Rule, can serve to gain the indulgences which are attached to such works of piety." The Office which Mother Pia has to say daily belongs to the class of prayers prescribed by the Rule, for the strict duty binding certain religious of both sexes to the daily recitation of the Divine Office sub gravi is not applicable to her, for although she has made solemn vows, her order was not intended to say the Divine Office in choir. "All professed religious of either sex who are destined for choir are bound to the Hours" (S. Alph., 1. IV. 141). Therefore Mother Pia's practise cannot be blamed nor pronounced insufficient to gain plenary indulgences.—Johann Schwienbacher, C.SS.R.

Quite recently two prominent writers on dogma, Christian Pesch (Praelectiones dogmaticae, Ed. 3, tom. VII. p. 248) and De Augustinis (De re sacram., tom. II. 339) have favored a view held by the great Jesuit writers Suarez (Disp. 53, sect. 4, n. 6) and Bellarmine (de indulgentiis, 1. 1, c. 14), to the effect that both plenary and partial indulgences can be gained on behalf of the dead even by one who is not in the state of grace. Naturally those indulgences are excepted for gaining which confessio or contritio is required by the Church as a sine qua non.

The advocates of this theory argue as follows: Although the guilt of sin and its eternal punishment are remitted, a Christian does not by any means always escape its temporal punishment (Trid. sess. VI. can. 30, in Denzinger-Bannwart, n. 840). Peccatum is the causa efficiens of poenae temporales. Hence it is absolutely necessary for the homo in statu viae to be free from grievous sin, before he can attempt to avert poenae temporales by doing good works and gaining indulgences. If an indulgence is gained for the souls in purgatory, he who receives it is already in statu gratiae sanctificantis; that is certain. Ergo, the person gaining it need not be in the state of grace; it is only necessary for him to do the required good works.