Chapter — The Casuist
Case XX: Forbidden Books
Julius, who is a good Catholic, noticed some time back that a young woman, a near relative of his, who cares little about religion or the Church, is passionately fond of the Memoirs of Casanova, which she actually devours herself, and lends to others to read. In order to prevent the spiritual harm done by such reading, Julius borrows the Memoirs from the young woman and hides them where no one can get at them. Some time after this he hears, accidentally, that no one is allowed even to keep in his possession books forbidden by the Index. Thereupon he calls upon his pastor and consults him as to what he ought to do with these Memoirs, of which there are several volumes.
Answer.—Casanova's Memoirs are on the Index, decree of July 28, 1834.
Therefore, 1. Julius dare not keep these Memoirs in his possession, no matter how praiseworthy his purpose, without the permission of the Holy See. St. Alphonsus says:
“A person is not excused who keeps a book either in another’s house, or under another’s name, or with the intention of not reading it” (L. vii., n. 297).
Dr. Hollweck, in his work on the Index, comments on these words as follows:
"Concerning the having in one's possession books forbidden by the Index, we must emphasize the fact that it makes no difference whether you keep the book in your own possession or give it to others to keep for you; whether the book belongs to you or to somebody else; whether you intend to read it or no. Moreover, you must have had the book in your possession for a considerable length of time before you become guilty of a mortal sin, and incur the censure attached to the transgression of the law. St. Alphonsus calls one or two days parvitas temporis (l. c. n. 295). The Popes have usually named eight days as the limit of time for giving up bad books. With this fact in mind, it may be safely said that one must keep in one's possession a forbidden book over one week in order to be adjudged guilty of a serious infraction of the law and to have incurred the censure attached to it. One may keep the forbidden book in one's possession, even longer than one week, if one does so in order to await a more favorable opportunity of turning the book over to the bishop or vicar-general, or to get the necessary permission to keep it. But one should not keep the book longer than one month, for a month is ample time to get the necessary faculties from the Holy See." Thus far Dr. Hollweck.
- Julius may not burn the book, or otherwise destroy it, because it is not his property.
- Although the borrower or depositary of another's property is bound to restore the same to the owner upon his demand, or at the stipulated time, still in the case of Julius there is the exception to be made, of which St. Thomas writes: “When a thing to be restored appears to be gravely harmful to the person to whom restitution is to be made, or to another, it ought not then to be restored to him. Nevertheless, the person who thus retains another’s property ought not appropriate it to himself, but either reserve it so that he may restore it at a suitable time, or even hand it over to another for safer keeping” (2, 2, q. 62, ad. 1).
St. Alphonsus, Lessius, Lugo, and others, teach the same.
Julius would sin against charity, or the love he owes his neighbor, if, without more ado, he were to return the forbidden book to the owner, foreseeing the harm that would come to her or to others from its perusal. We say, "without more ado," because if Julius can not refuse to return the forbidden book to its owner, without serious inconvenience to himself, "sine gravi incommodo," he may return the book at once (Cf. Marc, n. 1020).
- Since, therefore, Julius may not return the book to its rightful owner, simply upon her demand, and since he may not keep it any longer in his possession without the permission of the Church authorities, he should either get the permission to retain the book in his own possession or he should give it to some third person for safe keeping who has the faculty to retain forbidden books.
Perhaps, in the course of time, the young woman may be prevailed upon to waive her right to the book, and no longer to consider it her own property.