Treatise — Bucceroni, Institutions of Moral Theology

On the Constitution *Officiorum ac munerum*

1301.

What prohibition of books exists? The prohibition of books is one thing by natural law, another by positive law. The reading of books, for example, handing down false religion, superstitious or lascivious matters, and attacking any virtue whatsoever or defending vice, speaking in itself, is prohibited by natural law.

The reason is that the reading of these books, speaking in itself, has annexed to it the danger of perversion. Therefore unless such reading is done by learned men, and from an honorable intention of attacking, extirpating, etc., these books, it will be sinful in proportion to the danger of perversion.

As regards positive law, there is no doubt that the Church has the power of prohibiting harmful books. Now "to prohibit books throughout the whole world pertains to the Supreme Pontiff, and for him to the Sacred Congregation. But Bishops and Inquisitors can prohibit books in their own territory," even under penalty of censure to be undergone. L. 290. "Let Ordinaries," says Leo XIII in the cited Constitution, § 29, "even as Delegates of the Apostolic See, strive to proscribe books and other harmful writings edited or spread in their diocese, and to remove them from the hands of the faithful. Let them refer to Apostolic judgment those works or writings which demand a more subtle examination, or in which the sentence of supreme authority seems to be required for obtaining a salutary effect." Therefore there is an obligation for Ordinaries to proscribe not all harmful books and writings, but only those edited or spread in their diocese, and therefore with a certain regular number of copies. But other books or writings to be examined more deeply, or requiring the judgment of a higher authority, are all to be denounced. And because Ordinaries of places can proceed in this matter by power delegated from the Holy See, by their prescriptions they can oblige even exempt regulars.

Ordinaries, even as Delegates of the Apostolic See... let them strive to remove them. "By these words a right indeed, but also an office, is mandated... It is the office of Bishops to see that the writings of modernists, or those which savor of and promote modernism, if published, are not read; if not yet published, to prohibit their being read." Pius X, Encyclical Letter Pascendi dominici gregis, September 8, 1907.

The Supreme Pontiff condemns modernism, that is, rash and false novelties which not a few bring forth in this our age as regards Theology, Philosophy, Exegesis and Biblical History, and also ecclesiastical History. Namely, pervaded by an intemperate zeal for novelty, the doctrines constantly handed down by the Fathers and by Catholic Doctors being set aside, they assert opinions little founded, and, prescinding from the supernatural character of facts and from the inspiration of Sacred Scripture, they seem to overturn Religion itself. The Supreme Pontiff indeed condemns modernism, not any modern discovery whatsoever which is approved by solid reason. The Supreme Pontiff himself is author of this matter in his Brief to Ernest Commer Summa nos, June 14, 1907. "Indeed," he says, "it is calumny to assert that the Apostolic See, 'adhering to more obsolete studies, obstructs the progress of disciplines, clips the wings of every keenest genius, and resists those teaching the truth. Yet nothing more false or more unjust can be devised in thought; for indeed the Church disapproves a certain liberty of erring, and watches that the faithful not allow themselves to be entangled in fallacies; but she does not prohibit this in any way, indeed by urging commends and persuades it, that the truth handed down divinely, for the guarding of which she herself was given, be more openly explained according to the character of peoples and ages, and be unfolded by legitimate interpretation.'"

Now, as regards the common law in force, at present one must stand by the Index of prohibited books, most recently recognized by order of Leo XIII, Brief Romani Pontifices, September 17, 1900; and also by the General Decrees already established by the same Leo XIII in the cited Constitution Officiorum ac munerum. These alone have the force of law, "the Rules issued by order of the Holy Synod of Trent, the Observations, Instruction, Decrees, Warnings, and any other statute and command of Our Predecessors concerning this matter being abrogated, with the one exception of the Constitution of Benedict XIV Sollicita et provida, which, just as it has hitherto been in force, so We will to remain entire in force hereafter." Par. Itaque. The Rules being abrogated, etc., simply, and therefore as regards obligations and as regards penalties. Contrary customs likewise remain abrogated, although in the cited Constitution a clause abrogating them is not had. For this is openly deduced from the purpose of this Constitution, namely that provision be made for the necessities of the present time. The Constitution of Benedict XIV Sollicita et provida prescribes the method to be observed in the examination and proscription of books in the Sacred Congregations of the Holy Office and of the Index. But the aforesaid Constitution Officiorum ac munerum has obligatory force everywhere, even in regions of the British idiom. Sacred Congregation of the Index, May 23, 1898. Cf. here 1312. Therefore the Index of prohibited books also is to be observed everywhere. Leo XIII, Constitution Romani Pontifices, September 17, 1900. Pius X, motu proprio Sacrorum antistitum, September 1, 1910; E.M.

Bishops are bound to interdict in their own Diocese all harmful books and especially those of the Modernists, nevertheless restraining the prohibition, if it suffices, to the clergy alone; while the duty of Catholic booksellers remains intact, that they by no means have for sale books marked by the Bishop. If these refuse obedience, Bishops, after a warning has first been given, are to deprive them of the title of Catholic booksellers, and with stronger right if they are called episcopal; but those who are adorned with the pontifical title, they are to report to the Holy See. Pius X, motu proprio Sacrorum Antistitum.

By Decree of October 20, 1907, the book Il programma dei modernisti was proscribed in the City. "Therefore it is lawful for no one of whatever grade and condition subject to Our jurisdiction to sell or read or retain the same book under mortal fault. "Moreover, since the authors and writers of this book in the asserted Response sharply defend the system which in the Encyclical Pascendi dominici gregis is affirmed to be 'the collection of all heresies,' Our Most Holy Lord Pius PP. X, by this Decree, strikes with the penalty of excommunication the authors and writers, and all others whatsoever who in any way contributed labor to the making of this book, absolution from which he reserves to himself alone. Our Most Holy Lord adds that this Decree is valid just as if it had been delivered into the hands of each one of the said authors and writers; and if they are priests and exercise an act of Order, they will incur irregularity. "But nothing would be more satisfactory," says the Most Holy One, "than that all Bishops, each in his own diocese, should impose this prescription and promulgate the censure. Given at Rome, on October 20, 1907." Peter Respighi, Cardinal Vicar. First Supplement to the Enchiridion Morale, 3rd ed.

And by Decree of December 28, 1908, the periodical booklet Nova et Vetera and Rivista di cultura was prohibited in the City. "Therefore let no one print it or cause it to be printed, let no one sell or read it. If anyone does otherwise, let him know that he has sinned gravely. Besides, clerics of whatever order who associate themselves with the same periodical, or if they have already made the association, do not retract it as soon as possible, let them know that they have incurred suspension from divine things by that very fact." Given at Rome, on January 28, 1908. Peter Respighi, Cardinal Vicar. First Supplement to the Enchiridion Morale, 3rd ed. Cf. 1313.

1302.

What does the prohibition of books import? It imports the prohibition of reading those books, translating or rendering them into another language, retaining, defending, printing, publishing, selling, and donating them. For books proscribed by the cited Constitution are simply prohibited. "All booksellers, especially those who glory in the Catholic name, are neither to sell, nor lend, nor retain books treating explicitly of obscene things; let them not have other prohibited books for sale unless they have obtained permission from the Sacred Congregation of the Index through the Ordinary; nor are they to sell them to anyone unless they can prudently judge that they are legitimately sought by the buyer." § 46. Cf. nn. 1304-1307, 1311. If at any time all the works of some author are expressly prohibited in the Index, this prohibition does not pertain to those books which either in no way touch, or only incidentally touch, the truths of faith, and are proscribed by no general or special decree. Preface to the Index of Prohibited Books. By the reading or retention of prohibited books excommunication is incurred only in the two cases already related above, §§ 47, 48. Cf. 1165, 1212. Cf. also the preceding number at the end. Absolutely, the book is to be handed over to Inquisitors or Ordinaries. The reason is that superiors may know what poisons are offered to the faithful, and prepare the antidote. But as the practice of many places is today, and so that such books may be extirpated more safely and quickly, they can also be burned. But they cannot be torn up so that afterwards things may be wrapped with their leaves.

To wait a few days either to hand the book to a superior or to seek permission is not grave, and consequently not liable to censure. Finally, books are understood to be books printed with type and of some regular bulk, not manuscripts, lithographs, etc.; nor booklets of slight bulk or flying leaves. This distinction is indeed openly made in the present Constitution. Cf. n. 1165; Sanchez, in Decal., book 2, chap. 10, n. 56; La-Croix 349; Laymann, de Fide XV, 7; E.M.

1303.

Are harmful books to be denounced? "Although it belongs to all Catholics, especially those who excel in doctrine, to denounce pernicious books to Bishops or to the Apostolic See, nevertheless this pertains by special title to Nuncios, Apostolic Delegates, Ordinaries of places, and Rectors of Universities flourishing by praise of learning." § 27. It belongs to all Catholics, i.e., from charity obliging when grave danger is present, and denunciation is not made by others, and it can be done without grave inconvenience. Pernicious, as regards faith or morals. To the Apostolic See, i.e., to the Sacred Congregation of the Index, or of the Holy Inquisition, or de Propaganda Fide, or of Extraordinary Ecclesiastical Affairs. By special title of office and justice, whence the aforesaid obligation presses the aforesaid more gravely.

1304.

What about editions of the original text, and of non-vernacular and vernacular versions of Sacred Scripture? "Editions of the original text and of the ancient Catholic versions of Sacred Scripture, even of the Eastern Church, published by any non-Catholics whatsoever, even if they appear to have been edited faithfully and integrally, are permitted only to those who devote their work to theological or biblical studies, provided nevertheless that the dogmas of Catholic faith are not attacked in the prolegomena or annotations." § 5. Ancient: there is question here only of ancient versions, not of more recent ones. By non-Catholics: therefore editions of the original text and of the ancient Catholic versions of Sacred Scripture published by Catholics are permitted to all.

Only to those: therefore they are not permitted to others. Who devote their work to theological or biblical studies, whether by private study or in a public school, whether teachers or students. Sacred Congregation of the Index, May 23, 1898. To attack properly is not simply to deny, but to deny with the reason of denial added. Dogmas of Catholic faith, not any opinions and views whatsoever of theologians. "In the same manner and under the same conditions other versions of the Sacred Bibles, whether in Latin or another non-vernacular language, edited by non-Catholics, are permitted." § 6.

In the same manner, etc.: namely any other non-vernacular versions whatsoever made by non-Catholics are permitted only to students of theological or biblical matters, provided nevertheless that dogmas of faith are not attacked in the prolegomena or annotations. "All versions in the vernacular language, even made by Catholic men, are altogether prohibited unless they have been approved by the Apostolic See, or edited under the vigilance of Bishops with annotations taken from the Holy Fathers of the Church and from learned and Catholic writers." § 7. Unless they have been, etc.: therefore vernacular versions without notes must be approved only by the Apostolic See; with notes they can also be approved by Bishops.

"All versions of the Sacred Bibles in any vernacular language whatsoever, made by any non-Catholics whatsoever, are interdicted, and especially those which are spread by Bible Societies more than once condemned by the Roman Pontiffs, since in these the most salutary laws of the Church concerning the editing of divine books are fundamentally set aside. These versions nevertheless are permitted to those who devote their work to theological or biblical studies, while observing those things which were established above." § 8. The most salutary laws, i.e., concerning tradition, which non-Catholics altogether contemn. These versions nevertheless, whether made by non-Catholics or by Catholics. While observing those things: namely provided that the dogmas of Catholic faith are not attacked in the prolegomena or annotations. Decree of the Holy Office Lamentabili, July 3, 1907, proposition 1; E.M.

1305.

What about books of apostates, heretics, schismatics, and other writers? "All books which before the year 1600 either the Supreme Pontiffs or Ecumenical Councils condemned, and which are not reviewed in the new Index, are to be held condemned in the same way as they were formerly condemned, with the exception of those which are permitted by these General Decrees." § 1. Before the year: for in the Index of prohibited books, almost no books are inserted except those condemned afterwards. Examples of those condemned books are had in the same Constitution at the beginning of the paragraph Praecipue vero. In the same way: for the prohibition of many ceases to be in force both because of the age of the errors, concerning which no one cares any longer; and because of sufficient knowledge already propagated and becoming prevalent concerning the same errors, whence they have ceased to harm; and because of the utility which is had from the reading of such books, from which many things can be established that pertain to the practice and doctrine of the Church. Such are, for example, the books of Tertullian, Origen, etc. With the exception of those: cf. §§ 3, 4, 5, 6, 8, 10, etc. Hence "those works now which either do not treat explicitly of religion, or, even if they treat of it, nevertheless contain nothing against faith, are permitted, unless perhaps they are found prohibited by some general or special decree." Preface to the Index of Prohibited Books. "Books of apostates, heretics, schismatics, and writers of any kind whatsoever, defending heresy or schism, or in any way overturning the very foundations of religion, are altogether prohibited." § 2. Books, not all, but those defending heresy or schism; not merely containing, but defending with proofs added. Of any writers whatsoever, even Catholics. Foundations of religion, namely the motives of credibility of revealed Religion, and its fundamental truths, such as the spirituality and immortality of the soul, the existence of the one and triune God, the creation of the world, Sacred Scripture, the Divinity of Jesus Christ, the Catholic Church, the Roman Pontiff, etc. In any way, whether by false proofs, or even by ridicule and another manner; whether by writing or by images. "Likewise books of non-Catholics which explicitly treat of religion are prohibited, unless it is clear that nothing against Catholic faith is contained in them." § 3. Of non-Catholics, namely of those not pertaining to the Catholic religion: heretics, schismatics, Jews, infidels. Explicitly, not incidentally and in passing. Concerning religion, i.e., concerning sacred matters, concerning the Sacred books, concerning the mysteries of Faith, concerning Dogmatic or Moral Theology, concerning the Rites or Canons of the Church, concerning the cult of the Saints, etc. Against Catholic faith: hence books of Roman Antiquities and others of that kind are not prohibited. "Books of the same authors which do not explicitly treat of religion, but only touch the truths of faith incidentally, are not to be held prohibited by ecclesiastical law until they have been proscribed by special decree." § 4. Of the same authors, non-Catholics. Explicitly: therefore books of heretics which do not treat of religion by design, but only incidentally, even though perhaps they err concerning Catholic doctrine, are not positively prohibited, and much more if they contain nothing at all concerning religion.

1306.

What about liturgical and prayer books? "In authentic editions of the Missal, Breviary, Ritual, Ceremonial of Bishops, Roman Pontifical, and other liturgical books approved by the Holy Apostolic See, let no one presume to change anything; if otherwise has been done, these new editions are prohibited." § 18. And other liturgical books: such as those which mark liturgical chant and which cannot differ from the authentic and typical Vatican edition, and therefore are to be approved by the Ordinary of the place. Pius X, motu proprio, April 25, 1904; Sacred Congregation of Rites, August 11, 1905; February 14, 1906. Anything of some moment. For if the matter is altogether slight, it will pertain to the ecclesiastical superior to permit or prohibit the use of the book. To change: not to correct a typographical error. To change: not to report something more fully, not abbreviated, for greater clarity and convenience, or to repeat it in its proper place. Let him presume: and therefore from intention, not inadvertently. If otherwise: namely if anything whatever has been changed from the typical and approved editions, whether there is approval or there is not; lacking that, the book is not by that very fact prohibited. Cf. E.M. 125. "All litanies, except the most ancient and common ones which are contained in Breviaries, Missals, Pontificals, and Rituals, and except the Litanies of the Blessed Virgin which are customarily sung in the sacred House of Loreto, and the Litanies of the Most Holy Name of Jesus already approved by the Holy See, are not to be edited without the review and approval of the Ordinary." § 19. Except, etc. By Decree of April 2, 1899, the Litanies of the Most Sacred Heart of Jesus were also approved. By Decree of March 18, 1909, the litanies in honor of St. Joseph, Spouse of the Blessed Virgin Mary, were likewise approved. Acta Apostolicae Sedis, vol. 1, p. 290 ff. Are not to be edited: here only the publication of those litanies is prohibited. But by force of the following paragraph the books themselves containing them, published without legitimate approval, are prohibited. From the Decrees of the Sacred Congregation of Rites, June 20, 1896, and February 11, 1898, Dub., the public recitation in churches or public oratories of litanies which the Holy See has not yet approved is prohibited, although the Ordinary approved them, even if that recitation is made without the intervention of a sacred minister. "Books or booklets of prayers, devotion, or religious, moral, ascetical, mystical doctrine and instruction, and others of this kind, although they seem to conduce to fostering the piety of the Christian people, let no one publish without permission of legitimate authority; otherwise, they are to be held prohibited." § 20. Books or booklets, not flying leaves. Or of doctrine... although, etc.: therefore there does not seem here to be question of books in which that doctrine is set forth merely speculatively. Of legitimate authority, namely of the Ordinary, who can also permit books of devotion containing a version of the Epistles, Gospels, and Canon of the Mass. Sacred Congregation of Rites, August 4, 1877. Collection of the Sacred Congregation de Propaganda Fide, n. 1890. Let him publish: otherwise. Therefore all books reviewed in this paragraph, to be edited from now on without authentic approval of the Ordinary and not previously edited, are to be held as prohibited. Cf. n. 1308, § 13; n. 1312, § 41. E.M.

Prayers for obtaining the intercession of Servants of God are to be approved by the Ordinary. Sacred Congregation of Rites, March 21, 1914.

1307.

What about obscene books? "Books which explicitly treat, narrate, or teach lascivious or obscene matters, since account must be taken not only of faith but also of morals, which are easily corrupted by the reading of books of this kind, are altogether prohibited." § 9. Lascivious or obscene matters: therefore there is no question of "loves," as they call them, with the narration of which merely erotic novels linger. Explicitly, i.e., not lightly, but by design. Treat, i.e., by disputing, defending, or simply discoursing about matters of this kind, so that they are either the object of the whole book or only the special argument of some chapter. Narrate, by relating facts, histories, or fables.

Teach, by explaining, declaring, etc., the nature of lascivious things to be done. Treat, narrate, teach: namely by insinuating these things, certainly not by showing their unlawfulness and persuading their abomination, or by scientifically explaining medicine, surgery, etc.; for it is said: which of this kind, etc. "Books of authors, whether ancient or more recent, which they call classics, if they are infected with this very stain of shamefulness, on account of elegance and propriety of speech, are permitted only to those whom the reason of office or teaching excuses; nevertheless they must in no way be handed over or read before boys or adolescents, unless they have been expurgated with diligent care." § 10.

If they are infected with this very stain of shamefulness: i.e., if they explicitly treat, narrate, or teach lascivious or obscene matters, as is had in the preceding § 9. They are permitted, unless nevertheless they are related by name in the Index. The reason of office or teaching excuses. Therefore professors of humane letters and others can read these books insofar as this is demanded by the reason of office or teaching, namely insofar as it is necessary or useful to them for that reason. But they are by no means permitted to students unless they have been expurgated of that stain of shamefulness.

1308.

What about other books of special subject matter? "Books are condemned in which God, or the Blessed Virgin Mary, or the Saints, or the Catholic Church and her worship, or the sacraments, or the Apostolic See, are disparaged. Works in which the concept of the inspiration of Sacred Scripture is perverted, or its extension is too much restricted, are subject to the same judgment of reprobation. Books also are prohibited which deliberately afflict the ecclesiastical hierarchy, or the clerical or religious state, with insults." § 11. Books of any authors whatsoever, whether non-Catholic or Catholic. Disparage: namely speak ill, although not explicitly, but in grave matter. Inspiration of Sacred Scripture, which, "written under the inspiration of the Holy Spirit, has God as author." Vatican Council, Constitution Dei Filius, chap. 2; Decree of the Holy Office Lamentabili, July 3, 1907, prop. 9. Is perverted: if, for example, the concept of inspiration were constituted in a subsequent approval of the Sacred Books by the Church; or in a certain concomitant direction of the Holy Spirit, if necessity demands; or in divine assistance for preventing errors. Cited Decree, props. 10, 12, 19, 20. Is restricted: namely to only some books of Sacred Scripture, not to all; or to only some part of the books, not to the entire books; or only to dogmas of faith and morals, not also to the remaining matters, to historical matters, to profane matters, to matters pertaining to the natural sciences; or only to matters concerning which they treat explicitly, not also to others said only incidentally. Cited Decree, prop. 11. Deliberately: and therefore not if there is only some injurious expression, but if either the whole book, or a notable part of it, or some entire chapter afflicts the ecclesiastical hierarchy, or the clerical or religious state with insults; not some private person, unless from this vituperation turns against the hierarchical order itself, or a part of it, or against the clerical or religious state itself. "Let it be forbidden to edit, read, or retain books in which sorceries, divination, magic, evocation of spirits, and other superstitions of this kind are taught or commended." § 12. Are taught, for exercising them. Are taught or commended: not if they merely narrate superstitious facts, or treat or discourse concerning them, for reproving them and showing their malice and danger. "Books or writings which narrate new apparitions, revelations, visions, prophecies, miracles, or which introduce new devotions, even under the pretext that they are private, if they are published without legitimate permission of the Superiors of the Church, are proscribed." § 13. Writings, although they are not books, but booklets or leaves; although they are manuscripts, for they are most properly writings. If they are published: therefore the prohibition does not affect books published before this Constitution. Without legitimate permission: if this is had, it now no longer seems to be required, by force of the present Constitution, that there be a protestation according to the Decree of Urban VIII. But cf. what is had here at the end of the number. Without legitimate, etc. All books concerning sacred things and morals are indeed to be subjected to ecclesiastical censure so that they may be licitly edited; but not for that reason are all prohibited if they have been edited without legitimate approval, § 41; while on the contrary books of which there is question in this paragraph, published without permission of the superiors of the Church, are proscribed, and consequently can neither be read nor retained. Cf. 1306. "Likewise books are prohibited which establish as lawful duel, suicide, or divorce; which treat of masonic sects or other societies of the same kind, and contend that they are useful and not pernicious to the Church and civil society; and which defend errors proscribed by the Apostolic See." § 14. Books of authors of any kind, non-Catholics or Catholics. Establish, contend, defend: therefore they do this not incidentally but deliberately. Errors proscribed by the Apostolic See, e.g., errors proscribed in the Syllabus. Sacred Congregation of the Index, May 23, 1898. E.M. "Concerning sacred Relics these things are to be held. If Bishops, who alone can in this matter, know certainly that a Relic is spurious, let them remove it from the worship of the faithful. If the authenticating documents of some Relic, perhaps because of civil disturbances or from any other case, have perished, let it not be proposed publicly unless duly recognized by the Bishop. The argument of prescription or of founded presumption will then only be valid if the cult is commended by antiquity; namely according to the decree issued in the year 1896 by the sacred Council for examining indulgences and sacred Relics, by which it is declared: Ancient Relics are to be preserved in that veneration in which they have been up to now, unless in a particular case certain arguments are present that they are false or supposititious. But when there has been a judgment concerning pious traditions, it is necessary to remember this: the Church uses so great prudence in this matter that she does not permit traditions of this sort even to be narrated in writing unless much caution has been employed and the declaration sanctioned by Urban VIII has been prefaced; and although this is duly done, nevertheless she does not assert the truth of the fact, but, unless human arguments for believing are lacking, only does not prohibit it from being believed.

Thus plainly the sacred Council for guarding legitimate rites, thirty years ago, declared by Decree of May 2, 1877: Apparitions or revelations of this kind have neither been approved nor condemned by the Apostolic See, but have only been permitted as piously believable by human faith alone, according to the tradition which they bear, confirmed also by suitable testimonies and records. He who holds this will be free from every fear. For the religion of any apparition, insofar as it regards the fact itself and is called relative, always has the implicit condition concerning the truth of the fact; but insofar as it is absolute, it always rests on truth, for it is borne toward the very persons of the Saints who are honored. Similarly it must be affirmed concerning Relics. Finally We entrust this to the Council of vigilance, that they assiduously and diligently keep their eyes also on social institutions and on any writings concerning the social matter, lest anything of modernism lie hidden in them, but that they correspond to the precepts of the Roman Pontiffs." Pius X, Encyclical Letter Pascendi dominici gregis, September 8, 1907.

1309.

What about newspapers, sheets, and periodical booklets? "Newspapers, sheets, and periodical booklets which deliberately attack religion or good morals are to be held proscribed not only by natural law, but also by ecclesiastical law. But let Ordinaries, where there is need, opportunely warn the faithful concerning the danger and harm of reading of this kind." § 21. Revealed religion, and consequently also natural religion. Deliberately, i.e., by design, expressly, and therefore not incidentally, not lightly, but habitually they gravely attack religion and good morals, by whomever they may be written, whether by Catholics or, a fortiori, by heretics.

Are to be held proscribed: therefore it is not lawful to read, retain, or subscribe to them. Where there is need: with that warning omitted, it is not therefore lawful with impunity to read the aforesaid newspapers, which remain proscribed by this general law. Where there is need: and therefore the warning is not always to be made, but only in a particular case in which a special reason is present. The Cardinal Vicar of the City, by Letter of May 16, 1903, prohibited by name the newspaper Asinus. "Let no one of the Catholics, especially of ecclesiastical men, publish anything in newspapers, or sheets, or periodical booklets of this kind, unless a just and reasonable cause persuades." § 22.

In newspapers of this kind, namely those of which there is question in the preceding § 21. Anything, whether it is an article, as it is called, or even some simple notice of some matter. "Men of the secular clergy are prohibited from undertaking the direction of newspapers or periodical sheets without the previous permission of the Ordinaries." § 42. Newspapers, etc., not periodical booklets. Direction: therefore the permission of the Ordinary is required only for the direction of a newspaper, not for writing some article, or, as it is said, for collaboration.

1310.

What about images and indulgences? "Images of Our Lord Jesus Christ, the Blessed Virgin Mary, Angels and Saints, or other Servants of God, printed in any way whatsoever and differing from the sense and decrees of the Church, are altogether forbidden. But new ones, whether they have prayers annexed or are edited without them, are not to be published without permission of ecclesiastical power." § 15. Images, not statues, not medals, not paintings. Printed in any way whatsoever, for they can be printed in various ways. Already printed ones are forbidden if they differ from the sense and Decrees of the Church. Cf. Trent, sess. 25, *de Sacr.

Imag.*; Benedict XIV, Constitution Sollicitudini, October 1, 1745. Altogether forbidden: therefore they can neither be publicly exposed nor privately retained. Except unless they are retained as a mere historical monument of art. New ones, or those to be printed hereafter, and new as regards their form, cannot be printed and published without permission of ecclesiastical power. Published without it, they were indeed illicitly published, but they are not proscribed unless they differ from the sense and Decrees of the Church. "It is interdicted to all in any way to spread indulgences which are apocryphal and proscribed or revoked by the Holy Apostolic See.

Those which have already been spread are to be removed from the hands of the faithful." § 16. Apocryphal, namely false. Cf. true indulgences in authentic Collections of Indulgences approved by the Sacred Congregation, Raccolta delle Indulgenze, etc. Proscribed by the Holy Apostolic See: cf. Ferraris, v. Indulgentia, art. 4. To spread: reading in itself is not interdicted, but it is prescribed that those spread, whether in print or in manuscript, be removed from the hands of the faithful, which especially pertains to ecclesiastical superiors. "All books of indulgences, summaries, booklets, leaves, etc., in which grants of them are contained, are not to be published without permission of the competent authority." § 17.

Of the competent authority, namely either of the Sacred Congregation of Indulgences or of the Bishop; of the Sacred Congregation, if there is question of new indulgences and of new summaries of them; of the Bishop, if there is speech of indulgences and summaries already approved by the Sacred Congregation, according to the norms established before the new Constitution Officiorum ac munerum. Sacred Congregation of the Index, Constitution, August 7, 1897. Permission: without it they are illicitly published, but those published are not for that reason proscribed by that very fact. E.M. 1310, 1355.

1311.

What about the faculty of reading and retaining prohibited books? "Only those will be able to read and retain books proscribed either by special Decrees or by these General Decrees who have obtained opportune faculties from the Apostolic See, or from those to whom it has delegated its authority." § 23. By special Decrees, namely those inserted in the Index of prohibited books. By General Decrees, that is, those proscribed by these General Decrees. "The Roman Pontiffs have placed the Sacred Congregation of the Index over the granting of permissions to read and retain any prohibited books whatsoever. Nevertheless, the Supreme Congregation of the Holy Office and the Congregation de Propaganda Fide enjoy the same power for regions subject to their governance.

For the City only, this faculty also belongs to the Master of the Sacred Apostolic Palace." § 24. Since those who are referred to in this paragraph enjoy ordinary power in the case, they can delegate it to others. "Bishops and other prelates possessing quasi-episcopal jurisdiction can grant permission for individual books, and only in urgent cases. But if the same have obtained from the Apostolic See a general faculty to impart to the faithful permission to read and retain proscribed books, let them grant it only with selection and from a just and reasonable cause." § 25.

Therefore the aforesaid have ordinary and delegated power in the case. Each can be subdelegated. By ordinary faculty they can permit the reading of individual books, and in an urgent case in which recourse cannot be had to the Roman Pontiff or another having power from him. But by delegated faculty, when they have obtained it, they can permit prohibited books generally. With selection, not generally to any person whatsoever, but to an upright and prudent person for whom there is no danger of perversion. With selection, not indeterminately and indefinitely for any book whatsoever, but with individual or at least specific indication of the books having been made, the more pernicious ones being excluded. From a just and reasonable cause, e.g., by reason of studies, of a book to be written, etc.

"All who have obtained an apostolic faculty of reading and retaining prohibited books cannot on that account read and retain any books whatsoever, or newspapers proscribed by the Ordinaries of places, unless in the apostolic indult the power of reading and retaining books condemned by anyone whatsoever has been expressly given to them. Moreover, let those who have obtained permission to read prohibited books remember that they are bound by a grave precept to guard books of this kind so that they do not come into the hands of others." § 26. Proscribed by the Ordinaries of places: cf. n. 1301, § 24 of the Constitution. Do not come: therefore they cannot give them to others. Lugo, Resp. Mor., book 4, dub. 42.

1312.

What about previous approval of books? "All the faithful are bound to subject at least those books to previous ecclesiastical censure which regard the divine Scriptures, Sacred Theology, Ecclesiastical History, Canon Law, Natural Theology, Ethics, or other religious or moral disciplines of this kind, and generally all writings in which religion and honesty of morals are specially involved." § 41. All the faithful, namely those who print or cause books to be printed, such as printers and editors or the authors of books themselves. All the faithful; but "if an author dwelling in Rome wishes to print a book not in the City but elsewhere, besides the approval of the Cardinal Vicar of the City and of the Master of the Sacred Apostolic Palace, no other is required." § 37. Those books, etc.: therefore those books which do not treat of religion and morals, such as literary books, books of profane history, of the mathematical sciences, etc., can be freely published. Books, namely those which are published and spread by type or in another manner. All writings: therefore not only books, but also booklets, newspapers, and flying leaves. Specially: therefore it is not enough that some allusion only to religion and morals be had, unless they properly treat of arguments of this kind. "Men of the secular clergy are prohibited from publishing even books which treat of merely natural arts and sciences without having consulted their Ordinaries, so that they may furnish an example of an obedient soul toward them." § 42. Men of the secular clergy, not others. Men of the secular clergy. "Regulars, besides the permission of the Bishop, should remember that they are bound, by decree of the sacred Council of Trent, to obtain from the prelate to whom they are subject the faculty of publishing a work. But each concession is to be printed at the beginning or at the end of the work." § 36. The Tridentine Decree concerns the editing and use of Sacred Books. Some think that Clement VIII extended it to all books to be published by regulars. But that Instruction, as the present Decree, only asserts that Regulars are bound, by Decree of the sacred Council of Trent, to obtain permission for publishing a work also from their own Prelate. Nevertheless Pius X, in the motu proprio Sacrorum Antistitum, September 1, 1910, says: "We warn the moderators of religious concerning the most grave duty of never permitting anything to be printed by their subjects unless first the faculty of themselves and of the Ordinary has intervened." § IV. Even books, etc.: therefore all books both concerning sacred matters and morals, and concerning merely natural matters. What is had concerning newspapers in particular, cf. 1309. Without having consulted their Ordinaries: therefore permission is to be had from the proper Ordinary, and this is distinct from the ecclesiastical censure which the book must undergo from the Ordinary of the place in which the book is published, § 35, which censure touches only books treating of religion and morals, § 41. It is doubted whether this rule of § 42 is preceptive. "Without the previous consent of the Ordinary no one from the clergy can publish any writing of religious or moral argument, or merely technical. In the foundation of circles and societies, Statutes and Rules must be previously examined and approved by the Bishop. Conferences on popular action or on any other argument whatsoever can be held by no priest or cleric without the permission of the Bishop of the place. Every manner of speaking which can inspire in the people aversion from the higher classes is to be held as contrary to true Christian charity. Likewise, in Catholic publications every assertion is to be reproved which, containing unhealthy novelty, ridicules the piety of the faithful, and suggests a new direction of Christian life, a new governance of the Church, new aspirations of the modern soul, a new social vocation of the clergy, a new Christian civilization." Pius X, Letter to the Bishops of Italy, July 28, 1906.

Books having been subjected to previous ecclesiastical censure, and "the examination having been completed, if nothing shall seem to stand in the way of publication of the book, the Ordinary is to grant to the author in writing and altogether gratuitously permission to publish it, to be printed at the beginning or at the end of the work." § 40. If nothing... permission... The Ordinary who, after examination of some book has been completed, denies permission, is bound to give the author the reason for the denied permission, if the book seems capable of correction. Sacred Congregation of the Index, Constitution, September 1, 1898. "No book subject to ecclesiastical censure is to be printed unless at the beginning it bears the name and surname both of the author and of the editor, and besides the place and year of printing and publication. But if in some case, for just causes, the name of the author seems to be kept silent, the power of permitting this belongs to the Ordinary." § 43. Editor here is said to be the one who undertakes the printing of the book to be performed in his typographical workshop. Cf. the following § 44. "Let printers and editors of books know that new editions of the same approved work require a new approval; and moreover, that approval granted to the original text does not support its translation into another language." § 44.

New editions: not excerpts from some edition and edited separately, tirature a parte. Sacred Congregation of the Index, May 23, 1898. "Books condemned by the Apostolic See are to be judged prohibited everywhere among the nations, and into whatever language they are translated." § 45. By the Apostolic See: not by Ordinaries of places. Everywhere among the nations: the law is universal for any place; and all the other laws contained in the present Constitution are universal. For concerning them it is said in the same Constitution, par. Itaque matura: "which Catholic men throughout the whole world are to obey religiously."

Books to be edited by Religious. Religious assigned to an Institute of simple vows, just as Religious of solemn vows, are bound according to the laws to request from their Superiors the good pleasure or imprimatur for manuscripts to be printed. And if at any time the legitimate Superior has denied this approval of which we speak, Religious will not be able to hand over the manuscript to any printer for editing, who would publish it with the Imprimatur of the Ordinary of the place, the name of the author being suppressed. Sacred Congregation concerning Religious, June 15, 1911.

But it is altogether prescribed that in "all episcopal curias there are to be censors from office, who examine things to be edited. These are to be chosen from the twofold clergy, commended by age, learning, prudence, and who in approving and disapproving doctrines proceed by a middle and safe way. To them is to be referred the examination of writings which, from articles XLI and XLII of the mentioned Constitution, are subject to previous examination. The Censor will give his judgment in writing.

If this has been favorable, the Bishop will give the power of editing by the word Imprimatur, to which nevertheless the formula Nihil obstat will be set before, with the name of the censor subscribed. In the Roman Curia, no otherwise than in all the others, censors are to be instituted from office. The Master of the sacred Apostolic Palace will designate them, the Cardinal Vicar of the Pontiff in the City first having been heard, and then with the Supreme Pontiff himself agreeing and approving. It will belong to him to designate a censor for examining individual writings. The faculty of editing will be given by the same Master and also by the Cardinal Vicar of the Pontiff or by the Prelate acting in his place, the formula of approval having first been set down, as We said above, and the name of the censor added. Only in extraordinary circumstances and very rarely, by the prudent judgment of the Bishop, can mention of the censor be omitted. The name of the censor will never be open to authors before he has issued a favorable judgment, lest any annoyance be presented to the censor either while he is examining the writings or if he has not approved the edition. Censors are never to be chosen from religious families unless first the secret opinion of the moderator of the province is heard; and he will testify according to the conscience of his office concerning the morals, knowledge, and integrity of doctrine of the one to be chosen. We warn the moderators of religious concerning the most grave duty of never permitting anything to be printed by their subjects unless first the faculty of themselves and of the Ordinary has intervened. Finally We declare and decree that the title of censor, with which someone is adorned, has no value at all and can never be brought forward for confirming the private opinions of the same. "These things having been said universally, We command by name that those things be observed more diligently which are declared in article XLII of the Constitution Officiorum in these words: Men of the secular clergy are prohibited from undertaking the direction of newspapers or periodical sheets without the previous permission of the Ordinaries. If any use this permission perniciously, after first being warned, let them be deprived of it. As regards priests who commonly come under the name of correspondents or collaborators, since it more frequently happens that they publish in newspapers or journals writings infected with the stain of modernism, let Bishops see that these do not attempt anything contrary to what they have permitted, and let them retract the power given if necessary. We most gravely warn the moderators of religious that they do the same thing; if they act too negligently, let the Ordinaries provide by authority of the Supreme Pontiff. Newspapers and journals which are written by Catholics, insofar as it can be done, are to have a designated censor. His office will be to read through integrally and attentively individual sheets or booklets after they have been edited; if anything has been said dangerously, let him order it to be corrected in the following sheet or booklet. Moreover let the same faculty belong to Bishops, even if perhaps the censor has favored it." Pius X, motu proprio Sacrorum Antistitum, September 1, 1910.

1313.

Who can approve books? "With whom the power is to approve or permit editions and versions of the sacred Bibles is clear from those things which were established above (§ 7)." § 30. With whom, namely with the Holy See or Bishops. The aforesaid editions and versions are to be approved by the Holy See. But if annotations are added to them taken from the Holy Fathers and other Catholic writers, they can also be approved by Bishops. Cf. 1304. "Let no one dare to publish again books proscribed by the Apostolic See; but if for a grave and reasonable cause some singular exception in this matter seems to be admitted, this shall never be done unless permission of the Sacred Congregation of the Index has first been obtained, and the conditions prescribed by it have been observed." § 31. Proscribed, namely simply. Cf. 1304 ff., whether by general decrees or by some special decree. This shall never be done, etc.: therefore it is not sufficient to correct the books and publish them again without the aforesaid permission. "Those things which pertain in any way to the causes of Beatification and Canonization of Servants of God cannot be published without the good pleasure of the Congregation placed over safeguarding Sacred Rites." § 32. Pertain in any way, namely as regards procedural acts. Sacred Congregation of Rites, July 11, 1821, General Decree; February 12, 1909. Cf. Monit. Eccles., vol. 21, p. 18. "The same is to be said concerning Collections of Decrees of individual Roman Congregations; namely these Collections cannot be edited unless permission has first been obtained, and the conditions prescribed by the moderators of each Congregation have been observed." § 33. They cannot be edited, but, if illicitly edited, their use is not for that reason interdicted. Concerning Collections, not concerning individual Decrees, which are customarily published by special periodicals, e.g., by the Acta Sanctae Sedis. "Vicars and Missionaries Apostolic are faithfully to observe the Decrees of the Sacred Congregation placed over Propagation of the Faith concerning the editing of books." § 34. Decrees, etc. Therefore they cannot commit a work, whether their own or another's, to print without the express and written permission of the Sacred Congregation de Propaganda Fide, to be printed at the beginning of the work. Sacred Congregation de Propaganda Fide, December 6, 1655, Collection n. 1869. Cf. E.M. They are to observe faithfully; but as regards penalties inflicted in them, at present one must stand by the Constitution, § 47 ff. "The approval of books whose censure, by force of the present Decrees, is not reserved to the Apostolic See or to the Roman Congregations, pertains to the Ordinary of the place in which they are made public." § 35. To the Ordinary of the place, etc.; not of the author; not of the editor. In which, etc.: not where they are printed, but where they are brought to light, namely where they are first edited, although from there, namely from that place, the book is also published in other places, as is customarily done. For the sale of approved books is not customarily restricted to the diocese by whose Ordinary the book was approved. Moreover, it is not said to the Ordinary of the places, but of the place.

By Decree of December 28, 1908, the periodical booklet Rivista di Cultura is prohibited at Rome. "And if anyone from the secular or regular clergy reads it or associates himself with it, let him know that he has incurred suspension from divine things by that very fact." Monit. Eccles., vol. 20, p. 528. Cf. here n. 1301.

As regards regulars, and as regards authors dwelling in Rome, cf. 1312. E.M.

Approval of the Ordinary of the place in which the book is published. The Bishop of the place in which some author, not subject to him, desires to make public a book already examined by his proper Ordinary and judged worthy of the press, can permit the printing of that book by appending the judgment Nihil obstat transmitted to him by that Ordinary from the censor of another diocese. Sacred Congregation of the Index, May 9, 1912.

Concerning liturgical books to be edited. So that the norms concerning liturgical books to be edited, handed down several times by the Sacred Congregation of Rites on August 11, 1905, February 14, 1906, and January 25, 1911, may be observed more widely and fully, the Sacred Congregation of Rites, to prevent and impede abuses, decreed that these things are to be observed: "Editions of Books pertaining to the Sacred Liturgy, whether they contain Rites and Prayers to be performed in Sacred functions, or prescribe Sacred Ceremonies accompanying the aforesaid Rites and Prayers, or report the Decrees of this Sacred Congregation collected into one, are either Typical or according to the Typical. "Only the Pontifical Vatican Polyglot Press, or other Pontifical Printers who have obtained permission from the Sacred Congregation of Rites, can print Typical Editions. "Individual leaves of the typical edition will be submitted to the review of the Sacred Congregation of Rites, which will seek the opinion either of the Liturgical Commission or of the Commission on Sacred Music and Chant, according to opportunity. "Any typical edition will report the Decree of approval, declaring such edition to be typical, and at the same time prescribing to all editors that they conform future editions altogether to the aforesaid typical edition. "Editors, once some typical edition has been completed, will hand over two copies to this Sacred Congregation of Rites, to be preserved in the Archive of the same Sacred Congregation with the greatest care and diligence. "Any printer, with the consent and approval of the respective Ordinary having been added, can print Editions according to the typical, namely those which correspond exactly to the aforesaid typical editions. "The Most Reverend Ordinaries of places, having appointed a diligent reviewer skilled in liturgical matters, who is to see whether the aforesaid editions agree completely with the typical ones, are to declare such agreement and append the imprimatur. "As regards editions of Masses or Offices Proper to some Diocese, concerning which a typical edition does not exist, if they are to be printed in the Diocese itself, the Most Reverend Ordinaries of places are to declare their agreement with the originals and append the imprimatur. But as regards editions both of another Diocese and of Orders Regular or Congregations, the Most Reverend Ordinaries of places, to whose jurisdiction the Printers are subject, are to append the imprimatur after either the Ordinary of the Diocese, or the Superior of the Order or Congregation to which the aforesaid Offices or propers pertain, has remitted to them concerning the agreement of these editions with the originals approved by the Holy See a Rescript, which is likewise to be edited. "Among Books pertaining to the Sacred Liturgy, for the effect of the present Decree, the following are especially to be numbered: "The Roman Breviary, Missal, Ritual, and Pontifical and excerpts from them; the Roman Martyrology; the Ceremonial of Bishops; Propers both of Offices and of Masses of some Diocese, Order, or Religious Congregation; the Memorial of Rites of Benedict PP. XIII for smaller Churches; the Clementine Instruction for exposition of the Most Holy Sacrament; the Collection of Decrees of the Sacred Congregation of Rites." Sacred Congregation of Rites, May 17, 1911.

Faculty of editing the New Psalter. By Decree of the Sacred Congregation of Rites, January 15, 1912, Bishops were forbidden to grant to printers of their diocese the faculty of printing the new "Psalter." For already by Decree of the Sacred Congregation of Rites, November 15, 1911, reported in the very typical Vatican edition of the new Psalter, it declared this edition typical, "and established that new editions of the same Psalter are to be in all things conformable to this one and are not to be printed except by printers of this Sacred Congregation, with the prescriptions to be handed down by this Secretaryship observed."