Fulfilling the prescribed works

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.

But in order, thus canon 925, § 2, that a capable subject actually gain them, he must have at least a general intention of acquiring them and fulfill the enjoined works at the appointed time and in the due manner according to the tenor of the concession.

Therefore, first, intention is required, because the Church does not bestow her benefits except on one willing. But a general intention suffices, by which someone wills to gain all the indulgences which he can gain through the works to be performed; and this can be habitual, that is, once elicited and not retracted (St. Alphonsus, VI, 534, 14°). Namely, the Church, on whose benign mind this whole matter depends, is not judged to require a virtual intention, much less an actual one; indeed canon 925, § 2, which speaks only of intention without addition, sufficiently signifies that every intention, even habitual, suffices. Nevertheless, it is advised that each morning one elicit the intention of gaining all indulgences perhaps attached to the works to be performed during the day.¹ Finally, an implicit intention seems to suffice, that is, one by which someone wills that his works profit as much as they will be able to profit.²

Besides intention, fulfillment of the enjoined works is required, concerning which one must treat more fully. We shall speak first of the works to be fulfilled generally, then of some works in particular, finally of the commutation of works.

¹ Cf. Raccolta, p. XI.

² Raccolta, VIII.

I. Works to be fulfilled considered generally. The fulfillment of works is a condition without which an indulgence cannot be acquired, so that neither ignorance, nor good faith, nor impotence excuses anyone. Nor does it help to substitute a work equivalent to, or even more excellent than, the prescribed work. But the works must be fulfilled integrally, personally, morally well, at the appointed time, and in the due manner. It is said:

1. Personally; except, however, almsgiving, according to what will be said in n. 566.

2. Integrally. "But if one of the enjoined works is omitted, either wholly or in a notable part, through ignorance, negligence, or impotence... except in the case of legitimate commutation, the indulgence is not acquired."¹ Nevertheless, omission of a slight part, both in itself and with respect to the prescribed work, does not stand in the way of gaining the indulgence, as if you eat a little in a fast, or in the recitation of the Rosary omit three Hail Marys. The reason is that the work is judged to have been placed morally. It is otherwise if, for example, from the five Our Fathers and Hail Marys prescribed, one is omitted (St. Alphonsus, n. 534, under 14 and 16). What must be kept before one's eyes if a particular prayer is assigned, see n. 507.

3. Morally well, according to what was said in volume I, n. 242; hence an act not even partly good, such as an act placed from vanity alone, is unsuited for gaining an indulgence.

4. At the appointed time. Now the determination of time is for beginning and for ending the privilege, so that fulfillment carried out before or after the assigned time is invalid.

5. In the due manner, for example if a prayer is established as to be recited kneeling. It does not matter in what order the works are fulfilled.²

Note 1. By a work which someone is bound by law or precept to perform, an indulgence cannot be gained, unless something else is expressly said in the concession of the same; nevertheless, one who performs a work enjoined on him as sacramental penance and perhaps enriched with indulgences can at the same time both satisfy the penance and gain the indulgences (canon 932). Hence someone cannot gain an indulgence by reciting the canonical hours owed. Sacramental penance is excepted, as the cited canon has it; likewise Easter communion, as the Sacred Congregation of Indulgences declared,³ excepting, however, the case in which the indulgence is granted in the form of a jubilee. Those things imposed by a rule are also excepted, if the rule does not oblige under sin. Nor does anything prevent someone from gaining an indulgence by performing a work owed by vow or promise, because a vow and promise are neither law nor precept.

Note 2. By one and the same work, to which indulgences are attached by various titles, several indulgences cannot be acquired, unless the required work is confession or communion, or unless something else has been expressly provided (canon 933). Thus, for example, since it has been expressly provided, Apostolic indulgences and those of the Most Holy Rosary, perhaps attached to a rosary, can be acquired at the same time;⁴ likewise indulgences of the Most Holy Rosary and of the Cross-bearers, attached to the same rosary.⁵

¹ Sacred Congregation of Indulgences, May 19, 1759 (Decreta authentica, n. 214).

² Sacred Congregation of Indulgences, May 19, 1759 (Decreta authentica, n. 214).

³ December 13, 1841; May 10, 1844.

⁴ Sacred Penitentiary, February 17, 1922 (A.A.S. 1922, p. 143); June 14, 1922 (A.A.S. 1922, p. 394).

⁵ Sacred Congregation of Indulgences, June 12, 1907.

II. Works to be fulfilled considered in particular. The works which are rather often prescribed for gaining at least a plenary indulgence are: Confession, Holy Communion, visitation of some church or public oratory, and prayer according to the mind of the Supreme Pontiff. That these are designated by the well-known clause "under the usual conditions" is clear from the new collection published by order of the Sacred Penitentiary and approved by the decree of February 22, 1929.¹

¹ A.A.S. 1929, p. 200.

1. Confession. Whenever an indulgence is granted with the clause "to the contrite and confessed" or a similar clause, sacramental confession is established as a condition, even for those who do not have mortal sin, although absolution is not required for these.¹ Nevertheless:

a) For gaining any indulgences whatever, the confession perhaps required can be made within the eight days which immediately precede the day to which the indulgence was affixed, and likewise within the whole subsequent octave (canon 931, § 1).

b) For gaining indulgences granted for pious exercises of three or more days, confession can also be made within the octave which immediately follows the completed exercise (canon 931, § 2).

c) Actual confession is necessary for gaining no indulgence for those who are accustomed, unless legitimately impeded, to approach the sacrament of penance at least twice in the month, or to receive Holy Communion daily in the state of grace and with a right and pious mind, although once or twice during the week they abstain from it (cf. canon 931, § 3). Except the indulgences of either an ordinary or extraordinary jubilee or in the likeness of a jubilee (cited canon).

¹ If the clause "with heart at least contrite" is added in the concession of an indulgence, it signifies this one thing: that the state of grace is required for the indulgence to be acquired; it does not require that one who is in the state of grace elicit an act of contrition (Sacred Congregation of Indulgences, December 17, 1870, Decreta authentica, n. 427). The same is signified if an indulgence is said to be granted "in the customary form of the Church."

2. Holy Communion. This can be received in any church, etc., even if the visitation of a determinate church is prescribed. Besides this:

a) Communion can be received on the vigil of the day to which the indulgence is affixed and within the whole subsequent octave (canon 931, § 1).

b) For gaining indulgences granted for pious exercises of three or more days, communion can also be made within the octave which immediately follows the completed exercise (canon 931, § 2).

3. Visitation of a church; concerning this, observe:

a) Visitation of a church requires entrance into it, and indeed with the intention of worshiping God.¹ If, however, because of the multitude of the faithful someone cannot enter it, it suffices to join himself to the multitude (St. Alphonsus, n. 538, q. 10). But if the visitation of the church is made processionally, it does not suffice, for carrying out the prescribed visitation, that the clergy and people pass by praying before the Church, nor that the clergy with some from the procession enter the church and recite the common prayer while the rest remain outside the church; rather, it is required that all who can be contained in it enter the church and recite the common prayer there.² Entrance into the church for the purpose of receiving Holy Communion can also be counted for the visitation.

b) If the visitation of a determinate church or public oratory is prescribed, these must be visited. If the visitation of a non-determinate church is prescribed, it suffices to visit any church or public oratory, but not a semi-public or private one. Nevertheless:

1. Whenever for gaining indulgences there is prescribed the visitation of some non-determinate church or of some indeterminate public oratory, the faithful of either sex who, for the sake of the pursuit of perfection, or of instruction or education, or even of health, live a common life in houses lacking a church or public chapel and established with the consent of the Ordinaries, and likewise all persons dwelling there to minister to them, 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 (cf. canon 929).³

2. Cardinals from their promotion in Consistory, Archbishops, and Bishops enjoy the faculty of gaining in their own chapels indulgences for the acquiring of which the visitation of some temple or public shrine of the city or place in which the Cardinals actually reside has been prescribed, and their household members can also enjoy this privilege (canon 239, § 1, 11°; canon 349, § 1, 10°).

Finally, if the visitation of a determinate chapel or altar is prescribed, it does not suffice merely to enter the church; rather, it is necessary to betake oneself to the determinate chapel or altar, or at least to stand in a place from which the chapel or altar can be seen.⁴

c) For gaining an indulgence affixed to some day, if the visitation of a church or oratory is required, this can be done from noon of the preceding day up to the midnight which closes the appointed day (canon 923).

d) One who wishes to gain several indulgences, each of which requires visitation of a church, is bound to make as many visitations - namely, by going out after each visitation and entering again - as the indulgences he intends to gain. This also holds if some indulgence can be acquired as often as the church is visited.⁵

¹ Sacred Congregation of Indulgences, May 19, 1759 (Decreta authentica, n. 214); August 20, 1822 (Decreta authentica, n. 253, to II); December 15, 1841 (Decreta authentica, n. 295).

² Raccolta, p. XVI.

³ The concession cannot be applied to the Portiuncula indulgence, since for it the visitation of a determinate church is prescribed, unless nevertheless this has been specially granted to some persons (A.A.S. XVI, p. 346, to VI).

⁴ Adrian VI, April 1, 1523; Clement VIII, April 4, 1524; Fanfani, cited work, p. 47.

⁵ Sacred Congregation of Indulgences, February 29, 1864 (Decreta authentica, n. 399, to II and III).

4. Recitation of prayers, which, if visitation of a church is prescribed, is usually imposed as to be made in the visitation itself. Besides this, observe:

a) If, for gaining indulgences, prayer in general according to the mind of the Supreme Pontiff¹ is prescribed, mental prayer alone does not suffice; but vocal prayer can be chosen at the judgment of the faithful, unless some particular prayer is assigned (canon 934, § 1). Therefore, in the case posited, mental prayer alone does not suffice; yet it is enough to add some vocal prayer - not, however, a minimal one - to mental prayer (St. Alphonsus, n. 538, q. 10).²

According to the common opinion, five Our Fathers and Hail Marys suffice, or equivalents to be chosen at will, unless a particular prayer is prescribed. But for gaining the Portiuncula Indulgence, by decree of the Sacred Penitentiary dated July 10, 1924, the recitation of six Our Fathers, Hail Marys, and Glory Bes is required, and other equivalent prayers cannot be recited.³

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 version is established from a 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 vernacular; but indulgences entirely cease because of any addition, subtraction, or interpolation (canon 934, § 2). Hence, for example, indulgences are not acquired if, in sung litanies of the Blessed Virgin Mary, the Kyrie eleison is sung only once, nor if after each title Ora pro nobis is not recited.⁴ But the custom of announcing before each decade the mystery to be meditated upon does not seem to harm, since in the case there is no interpolation in the prayers themselves. As regards the practice of recalling the mystery in the middle of the Angelic Salutation, the Sacred Penitentiary, privately asked, declared⁵ that it cannot be kept and propagated while the indulgences remain intact. Nevertheless, the same Congregation judges that by canon 934, § 3 there was in no way revoked the indult by which Pius IX in the year 1859, for places where the custom had already grown up, granted that the faithful reciting the Rosary in such a manner could gain its indulgences; and Benedict XV, at the petition of the Sacred Penitentiary, extended that indult to all who according to the aforesaid custom had been accustomed to recite the Holy Rosary in any places whatever.⁶

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 (canon 934, § 3).

d) Mutes can gain indulgences attached to public prayers if, together with the rest of the faithful praying in the same place, they lift up their mind and pious sentiments to God; and if the matter concerns private prayers, it is enough that they recall them mentally, or express them by signs, or merely run through them with the eyes (canon 936). Finally, by concession of Benedict XV, maimed persons can gain indulgences for the gaining of which the recitation of prayers together with some bodily act which they are unable to perform is enjoined, by pouring forth prayers alone.⁷

Finally, I note that by the faithful enrolled in some sodality, indulgences granted to the sodality can be acquired even if they do not observe the statutes of the society,⁸ provided they fulfill the works imposed for the indulgences.

Question. Whether one who performs the enjoined works more perfectly, for example with greater fervor, becomes a participant in the indulgence in a greater measure than one who acts less perfectly.

Response 1. Of itself, no; because the Church is content with common fervor, and in applying the indulgence does not take account of that which is performed beyond what is due.

Response 2. Incidentally, it will easily happen that one who performs beyond what is due participates more in the indulgence, insofar namely as contrition, and therefore remission of guilt, is more universal.

¹ The Supreme Pontiff intends the prosperity and exaltation of the Church, the extirpation of heresies, the conversion of sinners, and finally the peace of the Christian people.

² Cf. Benedict XIV, Constitution Inter praeteritos, § 83.

³ A.A.S. XVI, p. 343, to IX; Sacred Penitentiary, January 30, 1930 (A.A.S. 1930, p. 43).

⁴ Sacred Penitentiary, July 21, 1919.

⁵ July 27, 1920.

⁶ Sacred Penitentiary, January 22, 1921 (A.A.S. 1921, p. 163).

⁷ Sacred Penitentiary, October 22, 1917 (A.A.S. 1917, p. 539).

⁸ Sacred Congregation of Indulgences, January 25, 1842 (Decreta authentica, n. 298, to II); cf. canon 692.

III. Commutation of works. Confessors can commute pious works enjoined for gaining indulgences into others for those who, detained by a legitimate impediment, cannot perform the same works (canon 935). To pious works here do not belong those which constitute the cause or occasion of the indulgence, as, for example, the use of a crucifix which ought to supply for the Way of the Cross. By confessor is understood one who enjoys sacramental jurisdiction over the faithful person to whom commutation seems to be granted, so that he can at least validly hear the confession. Commutation, however, can be made not only within confession, but also outside confession (St. Alphonsus, n. 534, 15°).

Members of some confraternity who, because of illness or imprisonment, are impeded from visiting the church, can gain the indulgences granted to the confraternity, even with the visitation perhaps prescribed being omitted.¹

¹ Sacred Congregation of Indulgences, August 20, 1887 (Collectanea, n. 1680).

Question. To what extent several indulgences can be acquired on the same day.

Response 1. A plenary indulgence, unless something else has been expressly provided, can be acquired only once in the day, even if the same prescribed work is placed several times (canon 928, § 1).

Response 2. A partial indulgence, unless the contrary is expressly noted, can be gained several times during the day, the same work being repeated (canon 928, § 2).

Response 3. As is sufficiently clear of itself, diverse indulgences can be acquired on the same day, provided the works enjoined for each are fulfilled, or if the same works are prescribed, are repeated insofar as they must be repeated. Now one and the same confession and communion suffices for gaining several indulgences (n. 502).¹ The faculty of gaining diverse indulgences on the same day regards both indulgences concurring on one day because of a festivity, and those which someone out of his devotion has affixed to such a day in the week or month.²

¹ Sacred Congregation of Indulgences, February 29, 1864; January 12, 1878 (Decreta authentica, n. 434, to 3).

² Sacred Congregation of Indulgences, February 29, 1864.

Whether Confession can avail if it is fulfilled even on the eve of the feast for which the indulgence has been conceded; whether likewise Communion can be performed on the vigil of the feast? Resp. Affirmatively. Indeed, both Confession alone, and Confession and Communion, can be performed on the day which immediately precedes the following day for which any Indulgence has been conceded, not only by reason of an occurring feast, but also from whatever other cause, or of a pious exercise, or of a solemnity, etc.; nevertheless the manner and time prescribed in fulfilling the other enjoined works being observed. Thus S. C. Ind. 19 May 1759, 12 June 1822, 6 Oct. 1870, 12 Jan. 1878; S. C. de P. F. 5 Jan. 1777. Cf. Acta S. Sed. Vol. 6, p. 157; Vol. 10, p. 563; Decreta Authent., nn. 201, 426, 434.

The clause with contrite heart signifies the mere disposition of the state of grace, which, if perchance it has been lost, must previously be acquired again by at least an act of perfect contrition; which is not to be elicited by those who are already in the state of grace as though it were a part of the enjoined work. S. C. Ind. 17 Dec. 1870. Acta S. Sed. Vol. 6, p. 388.

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.

"Decree Urbi et Orbi. - Among the other conditions which must be observed in fulfilling the works enjoined for the acquisition of indulgences is this: that those works be done within the time defined in the grants. But in order that the Christian faithful might more easily be encouraged to gain them, this Sacred Congregation placed over Indulgences and Sacred Relics, with the approval of the Supreme Pontiffs, has repeatedly judged it proper to make provision in this matter, with respect to the prescribed confession and Communion, either through a favorable interpretation or through indults.

"Hence, by a Decree of 19 May 1759, it determined: Confession suffices if it is fulfilled also on the eve of the feast for which the indulgence was granted; and likewise, by a Decree of 12 June 1822, it declared: Communion can be received on the vigil of the feast.

"Although these indults left no room for doubt concerning those indulgences which are granted for feasts properly so called, beginning, namely, from first Vespers until sunset of the feast day itself, so that a member of the faithful is free either to confess on the feast day itself and be refreshed by Holy Communion, nevertheless several doubts arose thereafter whether the same should be said of other indulgences to be gained within the space of one day and beginning from the commencement of the natural day, which, namely, were granted not by reason of an occurring feast but for any other cause; as is accustomed to happen for the Fridays of the month of March, the Sundays preceding the feast of Saint Aloysius, the Forty Hours' Prayer, and any other similar cases.

"Therefore, Our Most Holy Lord Pope Pius IX, in an audience held by the undersigned Cardinal Prefect of the same Sacred Congregation on 6 October 1870, in order to remove every reason for doubt and to render the fulfillment of confession and Communion more convenient, graciously commanded that it be declared and decreed, as by this Decree it is declared and decreed: that either confession alone, or confession and Communion, can be performed on the day immediately preceding that for which any indulgence has been granted, not only by reason of an occurring feast according to the Decrees cited, but also for any other cause whatsoever, whether of devotion, of a pious exercise, or of a solemnity, as would be the case for the aforementioned and other days of this kind, for which an indulgence with the condition of confession and Communion has already been granted or shall hereafter be granted, although the time for acquiring it is to be reckoned from the beginning of the natural day and not from first Vespers; nevertheless, in fulfilling the other works enjoined, the general rule concerning the manner and time prescribed in the grants is to be observed.

"And His Holiness willed that nothing be considered changed with respect to the Decree of 9 December 1763 in favor of the Christian faithful who have the praiseworthy custom of confessing at least once a week, with the privileges, conditions, and restrictions there enumerated. Anything whatsoever to the contrary notwithstanding." Sacred Congregation of Indulgences, 6 October 1870.

"1. By a Decree of the Sacred Congregation of Indulgences, given on 12 June 1822, it is granted that sacramental confession made within the week before a feast can suffice for gaining an indulgence. It is asked: 1. Whether the words within the week signify only the eight days which immediately precede the feast, or rather that whole and complete week which runs before the feast, so that, for example, a confession made on Sunday suffices for gaining an indulgence on the Saturday of the following week, upon which day the feast would fall, although thirteen days would then have intervened between the confession and the feast? 2. Whether a confession made on the eighth day before the feast, by virtue of this indult, suffices only for gaining one indulgence, or whether through this confession other indulgences also can be gained which occur within the aforesaid time and for the gaining of which sacramental confession would otherwise be required?

"2. Whether, when confession is prescribed as a condition sine qua non in the Bull or Brief by which an indulgence is granted, it is necessary that sacramental absolution be given to the penitents in order to gain the indulgence?

"Response. To 1. As regards the first part of the first question: Affirmative; as regards the second part: Negative. As regards the first part of the second question: Negative; affirmative as regards the second part. - To 2. Negative." Sacred Congregation of Indulgences, 15 December 1841.

"Decree. - Lotharius Kubel, Bishop of Leuce and Vicar Capitular of the Archdiocese of Freiburg, on 14 January 1877, had petitioned this Sacred Congregation placed over Indulgences and Sacred Relics that there, because of a scarcity of priests, a confession made twice a month, with the requisite conditions observed, might suffice for gaining the indulgences occurring within the aforesaid time, just as other dioceses also rejoice in such a grant by Apostolic indult. The favor was granted, but in the manner and form customary, namely, by answering: 'His Holiness, complying with the prayers, graciously assented to the requested indult, so that priests and the other faithful of the Archdiocese of Freiburg who are accustomed to make sacramental confession within one or two weeks of each month can gain, without sacramental confession, each and every plenary indulgence granted during that interval of time, provided that, etc.' But the aforesaid Bishop, doubting whether seven days or eight were to be understood under the word week, and whether the words within two weeks should be understood so that two confessions within the month suffice, or rather so that confession must be made in every course of fourteen days, approached the Sacred Congregation as a petitioner, asking that it deign to resolve these doubts.

"1. Whether the prescribed confession must be made in each week within seven days, or rather within eight days?

"2. Whether the words within two weeks are to be interpreted strictly, so that confession must be made within fourteen days, or rather whether two confessions in a month suffice?

"Response. To 1. Affirmative to the first part, that is, the prescribed confession must be made in every running period of seven days. Negative to the second part.

"To 2. Affirmative to the first part, that is, the prescribed confession must be made in every running period of fourteen days. Negative to the second part.

"And a report concerning all these matters having been made to Our Most Holy Lord Pope Leo XIII, His Holiness graciously approved the resolution of the Sacred Congregation." Sacred Congregation of Indulgences, 15 November 1878.

"For a fuller declaration of this matter, it is now asked:

"1. Whether a member of the Christian faithful who is accustomed to make confession each week and on a fixed day, for example, Saturday, satisfies the obligation of the prescribed confession?

"2. Whether a member of the Christian faithful who, in those places for which the indult is in force, is accustomed to make confession every other week and on a fixed day, for example, Saturday, satisfies the obligation of the prescribed confession?

"Response. To 1. Affirmative. - To 2. Affirmative." Sacred Congregation of Indulgences, 25 February 1886.

1056. • QUESTION 16. If a faculty is granted to commute the works enjoined for gaining Indulgences, must the commutation necessarily be made in confession?

Reply. Affirmatively. For one must stand by the rule handed down by Benedict XIV, Constitution Inter praeteritos, section 63, where he establishes that commutations of this kind must be made in confession alone.

For, after recalling the controversy concerning the commutation of vows, absolution from censures, and the power of dispensing in other matters, or of commuting the prescribed works, namely, whether all these things must be done by the Confessor in the act of sacramental confession or not, he concludes thus: But We, in order to remove every difficulty, have enjoined in the instruction, Constitution Convocatis, that no absolutions, commutations, or dispensations can be given by penitentiaries outside the act of sacramental confession. This has seemed to Us both congruous and fitting to the gravity of the matter and the quality of the ministry; it removes every occasion of controversy and is conformable to the practice of Our Apostolic Penitentiary ¹⁰.

¹⁰ Benedict XIV, as is clear, speaks here of faculties granted and of the manner of using them on the occasion of the Jubilee of 1750; he does not establish a general law. Hence, in the Instruction which he had handed down in the Constitution Convocatis, and which he expressly indicates in this place, he imposed for the use of the granted faculties not only this condition but other conditions at the same time, which surely no one has judged should be held as general laws. Let them understand, he says in sections 24 and 25, that they cannot use peculiar faculties of this kind granted to them by Us, as above, for this Holy Year, except with those penitents who sincerely and seriously will to obtain the present Jubilee of the same Holy Year... Let them further observe that the aforesaid absolutions, commutations, and dispensations cannot be exercised by them outside the act of sacramental Confession, NOR OUTSIDE EACH ONE'S OWN BASILICA OR CHURCH.... Therefore let us conclude that commutations, etc., must necessarily be made in Confession only when a condition of this kind is expressly provided in the grant of the faculty.

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.

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.