Appendix I. On the Crime of Heresy, the Reading of Depraved Books, and the Index

981. • Excommunication on account of heresy is the first and principal one of the Bull Apostolicae Sedis ¹. Not only heretics incur it, but also their supporters.

¹ See above, no. 972, I.

With respect to heretics themselves, for excommunication to be incurred, it is required that true heresy be present, that is, a voluntary error, externally manifested and pertinacious, against some article revealed by God and proposed by the Church. Hence:

1. Even vincible, indeed crass, ignorance excuses; but more probably affected ignorance does not excuse, because contumacy is present. St. Alphonsus, no. 301 ², nevertheless holds the contrary as more probable on account of the defect of contumacy.

² This judgment is not that of St. Alphonsus alone, but is almost common. See the things said in volume I, in the Note to no. 210.

2. A positive doubt externally disclosed does not excuse, because one who doubts judges positively that the truth proposed by the Church can be false. St. Alphonsus, no. 302.

3. One who holds heresy within his mind, or who, while manifesting it externally, dissents internally, is excused from the censure. A fortiori, one who manifests his heresy in order to seek counsel is excused, because he does not manifest the error with the intention of professing it. St. Alphonsus, no. 304.

I. A Bishop can absolve from heresy which is notorious and brought into the judicial forum, either by himself or through a delegate. Benedict XIV, On the Synod, book 9, chapter 4.

II. The Pope alone can absolve from heresy, whether notorious or occult, which has not yet been treated in the judicial forum. But an occult heretic is said to be one who, although he has exchanged heretical conversation with another, is nevertheless not notoriously held as such; or one who, although he has communicated his heresies to no one, has nevertheless performed some external acts from which he could be recognized as a heretic. Benedict XIV, Constitution Pastor bonus, 13 April 1744.

Hence it is clear that no one guilty of heresy can be absolved by an inferior judge before he has been summoned into the judicial forum or has spontaneously presented himself to it. A Bishop, however, can receive the abjuration of Protestants in either forum.

According to Laymann, a usage is in force in Germany of not sending to the Bishop Protestants who wish to embrace the Catholic Church; but after they have been taught the true Faith and have abjured heresy, they are admitted to sacramental confession and the reception of the Eucharist. A practice of this kind also obtains elsewhere.

But with respect to the rite of absolving heretics in the external forum and receiving their abjuration, see the rules which Father Maurel gives in the excellent work entitled Guide pratique de la Liturgie romaine.

982. • It was said above (no. 972, II) which books after the Constitution Apostolicae Sedis are forbidden to be read under penalty of censure, namely, that all and each knowingly reading, without authority of the Apostolic See, books of Apostates and heretics defending heresy, and also books of any author, even one not a heretic, prohibited by name through Apostolic letters, are punished with excommunication reserved to the Roman Pontiff. Therefore the penalty of excommunication incurred by the act itself, although not reserved, has ceased, by which according to the Rules of the Index there were prohibited all books of heresiarchs, or of those who are considered the chiefs or leaders of heretics, and also books of heretics treating expressly of Religion; or even books of an author, whether a heretic or not a heretic, condemned and prohibited on account of heresy or the suspicion of false dogma.

With respect to writings whose reading we have said is forbidden under censure, several teach that those reading a letter or sermon separately printed do not incur excommunication, because it is not a book. But St. Alphonsus, no. 293, rightly notes that in the Roman Expurgatory issued from the Tridentine Decree, all writings, even brief ones, were prohibited under excommunication, which we have said has ceased. But because public journals, commonly les journaux, are subject to ecclesiastical censure, it is evident that they are included under the aforesaid law if they are written by heretics and defend heresy. This is evident from the following Response of the Sacred Congregation of the Inquisition, directed in the year 1832 to the Bishops of Switzerland:

QUESTION 1. Whether newspapers or journals ought to be subject to the censure of the Ordinary, and whether also with respect to political opinions?

Reply. Affirmatively, with respect to both parts.

QUESTION 2. Whether not only doctrinal articles, but also articles in which facts are narrated, are subject to the same censure ³?

³ By the name censure in this Response of the Sacred Congregation there does not appear to be meant the penalty either of excommunication or suspension, etc., but merely the ecclesiastical examination and approval which is required by law before books are printed. Wherefore from it, in itself and directly, it is not proved that the aforesaid newspapers are subject to excommunication. Indirectly, however, it pertains to the matter in some manner, insofar as it sufficiently indicates that the care concerning books or writings to be published, which ecclesiastical power exercises by its own right, extends also to this kind of writing; and thus that with respect to these also it can appear not incongruous that it use the customary remedies for forestalling dangers to the faithful.

On this matter, that which we observe in the Decrees concerning books prohibited but not expressed by name in the Index is plainly worthy of notice. For in section 1 the title is prefixed: Books Written or Published by Heretics; then in no. 6 there is read: Poems, Orations, Images; and in no. 9: Confessions, Articles, or Formularies of Faith. Therefore in the Decrees concerning the reading of Books the name BOOKS extends also to these. Say the same of section 2, whose title is: BOOKS of Certain Subjects Prohibited. Nevertheless, see mentioned therein, in nos. 5, 6, and 7, Pamphlets, Letters, Ordinances, Arrests, Decrees, Epistles. Therefore, if in Decrees which condemn the reading of books even under censures it must be judged that the name Books is used in that sense in which it is generally accustomed to be employed in Decrees of this kind, the argument sought by others from the common appellation of a book, by which, namely, the reading of a letter, poem, oration, or some newspaper is exempted from the condemnation and added penalties, could appear empty. And this can be confirmed by another reason. For, after the Decrees have been inspected, it is sufficiently evident that by the name of a book there is understood anything whatever whose reading contributes to the detriment and corruption of faith and morals. But this belongs not only to writings which commonly have the name of books, but to any little writing. Therefore.

It is useful here to subjoin those things which the Rieti Commentary adds after relating the contrary opinion of Bouvier: The most learned writers of the periodical whose title is La Civilta Cattolica think otherwise (series VIII, volume VI, from page 648), being led chiefly by this reason, that newspapers differ from books in this: the former are issued from individual sheets or leaves on individual days, while the latter coalesce into books from several joined sheets published at the same time; a brief and pressing reason. However that is altogether indubitable, that newspapers whose reading is dangerous to faith or morals are forbidden under grave obligation by the natural law itself. And this is most certainly so after the Letters of Our Most Holy Lord Pope Pius IX given to the Most Eminent Vicar of the City on 30 July 1871....

Reply. Affirmatively.

But one who hears another reading does not incur excommunication, at least probably, because he does not read. Nor does one who reads some small portion, on account of paucity of matter. But the gravity of matter cannot be strictly determined; sometimes a few lines suffice if heresy occurs. St. Alphonsus, no. 284. Nor does one who reads from necessity in order to refute a heretic incur it, if recourse to the Superior is not available. St. Alphonsus, no. 283. Nor one who retains a book for a short time, for example, one or two days. St. Alphonsus, no. 295. Nor if he retains a book while awaiting an opportune time to hand it over to the Superior; but otherwise if he retained it for a long time, even though he abstained altogether from reading it. St. Alphonsus, ibid.

983. • The Index was composed and promulgated by command of Paul IV in the year 1558; Pius IV perfected it with the Council of Trent and published it in the year 1564. Clement VIII enlarged it in the year 1595. The Congregation of the Index was instituted by St. Pius V. See St. Alphonsus, Appendix On the Prohibition of Books, book 1, at the end, no. 17, etc.

The Index presents three principal classes of prohibited books. The first class contains all books of heretics which contain heresy or treat expressly of Religion. The second class embraces books of Catholics against the Faith or good morals. The third class contains books published without the name of the author which hand down depraved doctrine. St. Alphonsus, no. 289.

Books of the first class, which by the ancient law were all prohibited under penalty of excommunication, still all remain prohibited; but which are now forbidden under penalty of excommunication, and indeed a reserved one, was said above. Books of the second and third class are not considered prohibited unless they are specially designated in the Index, unless nevertheless they pertain to certain general classes of matters which are designated in the Rules of the Index. Furthermore, in the Index all books of heresiarchs are prohibited generally in hatred of the author, even if they do not contain heresy or treat of Religion ⁴.

⁴ Avanzini notes (Commentary, no. 8) that, with account taken of penalties, books prohibited or to be rejected can be divided into three classes, namely: 1. books prohibited under penalty of excommunication reserved to the Roman Pontiff, concerning which above, no. 972, II; 2. books prohibited under penalty of fault according to the Index of Prohibited Books and its rules in force. To this class can also be referred books or writings forbidden only by the law of nature, although not yet placed in the Index, which nevertheless can otherwise easily be referred to certain general classes of prohibited books; likewise, books prohibited by Bishops in individual dioceses. That Decree, however, both as regards the force of a positive precept and as regards the censure, if any were added, would bind only the subjects of each diocese. 3. Books which, according to the ancient usage in the Church, we shall call apocryphal, which, namely, we hold as destitute of all that authority, force, or use to which they might appear to be ordained. In this class we call a monument, canon, testament, decree, etc., apocryphal; but the Church simply repudiates these books without any sanctioned penalty. Of this kind are books treating of sacred matters but printed without the approval of the Ordinary. To this class can be referred all books of indulgences, journals, summaries, pamphlets, and sheets in which their concessions are contained but which were published without permission of the Sacred Congregation of Indulgences; likewise ritual books issued without the approval of the Congregation of Sacred Rites, etc.

984. • 1. All books condemned before the year 1515 are prohibited, even if they are not found described in the Index.

2. All books of heresiarchs are altogether forbidden, even if not erroneous or not treating expressly of Religion. Other books of heretics which are not erroneous and do not treat of Religion can be permitted, provided they have been examined and approved ⁵.

⁵ This clause does not appear now to be in force.

3. The Scriptures and books of controversies in the vernacular language cannot be read unless they have been approved by the Holy See or published with notes taken from the holy Fathers of the Church or from learned Catholic men ⁶.

⁶ POSTULATUM. Since it has been reported with certainty to the Sacred Congregation of the Index that in some places the most sacred books of the Bible are printed in the vernacular language without the most salutary laws concerning this matter being observed, and since it is therefore to be feared that, such being the conspiracy of wicked men especially in these times, errors wrapped in the more sacred array of the divine word may be insinuated perversely, the same Sacred Congregation judged that those things which were otherwise decreed must again be recalled to the memory of all: namely, that vernacular versions of the Bible are not to be permitted unless they have been approved by the Apostolic See or published with annotations taken from the holy Fathers of the Church or from learned Catholic men. 13 June 1757. Likewise, 7 January 1836.

4. Books treating expressly of obscene things are absolutely prohibited, although they are not found in the Index.

5. Likewise, all books treating of astrology, divination, and sorceries are forbidden, more probably under an excommunication not reserved.

6. All books condemned on account of suspicion of false dogma are prohibited under penalty of excommunication, but see above, no. 972, II; others under guilt of mortal sin.

Besides the ten Rules issued by command of the Council of Trent, there exist other general Rules established by the Sacred Congregation of the Index itself and published by command of the Pontiffs in the volume of the Index of Prohibited Books, under this title: Decrees Concerning Prohibited Books, etc.

By the ancient law, books of heretics treating of Religion or containing heresy were prohibited under excommunication in two ways: one reserved to the Roman Pontiff through the Bull Coenae; the other not reserved. For the new law see above, no. 972, II.

985. Questions. - QUESTION 1. Whether the law of the Index, prohibiting the reading of certain books, binds by natural law or only by positive law?

Reply. It obliges by both laws, at least of itself, because it does not prohibit books except because they are pernicious and induce proximate danger of perversion or sin; but by natural law everyone is bound to flee danger of this kind. Hence, even if the obligation of the Index were not acknowledged somewhere, nevertheless the reading of books placed in the Index would be prohibited under grave obligation. Concerning this St. Alphonsus observes: All theologians add that even with the permission of the Pontiff the reading of that book which could be an occasion of ruin to someone cannot be permitted. Appendix On Prohibited Books, chapter 1, no. 12.

Two things must furthermore be noted.

1. Private persons ought to obey the commands of the Confessor in those things which concern the reading of books. Thus the Sacred Congregation of the Inquisition replied in the year 1832 to the Bishops of Switzerland asking: Can the faithful, with conscience safe, read newspapers or books which have not undergone the censure of the Ordinary? Reply. Let them have recourse to the Confessor ⁷.

⁷ Indeed, even when the faculty of reading prohibited books is given to someone, a clause is sometimes added that in this matter the counsel and judgment of the confessor are to be employed.

2. The Confessor himself ought carefully to seek the direction of the Bishop and diligently to keep before his eyes the most grave admonition which St. Alphonsus handed down, namely: In this matter it is ordinarily expedient to follow the stricter opinions. Chapter 5, no. 8.

986. • QUESTION 2. Whether the law of the Index is binding in France?

Reply. Not all agree concerning this matter. Some affirm it because the law is general. Others, however, deny it both because, they say, the law of the Index was not received, which the opponents otherwise say is historically false, and because of the long desuetude of the law. But others, walking a middle way, used to say that the prohibition of the Index was not received in France as regards the penalty of excommunication, but was binding as regards the guilt of sin, which is generally committed on account of the danger of perversion or of evil delight from reading such books.

But whatever not a few theologians of France formerly said, it does not now appear that there should be any further doubt on account of the unambiguous Declarations of Pius IX. For the Pontiff not only acted by persuasions to induce the Bishops of France to put the laws of the Index into execution, but also displayed such authority that henceforth it is licit for no one to affirm that the law of the Index is not in force in France. It suffices to bring forward the testimony of the Sacred Congregation of the Council, and consequently of the Pontiff himself, in the acts of the Council of Rheims in the year 1857, namely: Moreover, let the Rules of the Index be observed. See Cardinal Gousset, Exposition des principes du Droit canonique.

It is also worthy of note that the Bishops of France strive daily that the laws of the Index be put into execution, as is evident from the Provincial Councils of Avignon, Toulouse, Bordeaux, Auch, La Rochelle, etc.

987. • QUESTION 3. Does one violate the law of the Index who reads, for example, manuscripts of larger format written by a heretic?

Reply. It appears that this must be affirmed with St. Alphonsus, no. 293, Suarez, La Croix, and others more commonly. The reason is that in common usage manuscripts are often accustomed to be designated by the name of books; for thus all writings were called before typography had been invented. Several nevertheless contradict this because manuscripts do not come under the name of books ⁸.

⁸ Yet it must not be neglected that in the Decree On Prohibited Books, section 2, nos. 4, 5, 6, 8, 10, 11, and 13, mention is expressly made also of manuscripts. Therefore, according to the proper sense of the Curia, manuscripts too come under the name of a book.

988. • QUESTION 4. From whom must permission to read prohibited books be obtained?

Reply. Ordinarily speaking, from the Roman Pontiff alone, or from the Congregations of the Sacred Inquisition or of the Index. For the faculty of permitting belongs to him whose office it is to forbid. Bishops, however, are sometimes delegated to this office. Viva judges that they can grant this permission when some necessity urges.

Bishops and other Ordinaries of Churches possess the power of prohibiting the reading of depraved books, and indeed even under penalty of a censure to be incurred. Leo XII recalled this power to the memory of Bishops on 26 March 1825, and Pius IX more recently confirmed it on 24 August 1864, when he commanded Bishops to discharge this duty as by delegation of the Apostolic See.

Moreover, since in a matter so grave and difficult far more things would have to be said than the brevity of our work permits, we refer the reader to the Canonists.