Section 2: The Prohibition of Books

1. The right and duty to forbid books for a just cause belongs:

a) For the universal Church, to the Supreme Pontiff and to ecumenical councils; b) For their respective subjects, α) To the diocesan Ordinaries and particular councils; β) To the abbots of independent monasteries and to the highest superiors of exempt institutes of religious clerics, acting together with their chapter or council; or, γ) When delay would be dangerous, to the other major superiors, acting with the advice of their consultors; but in this case the highest superior must be informed of the matter as soon as possible.¹

¹ C. I. C., can. 1395.

2. Laws prohibiting books do not affect:

a) Cardinals, bishops (diocesan and titular), and other Ordinaries,² including the major superiors of exempt clerical orders,³ all of whom, however, must apply the necessary precautions.

² C. I. C., can. 1401.

³ C. I. C., can. 198, § 1.

When issued by the Roman Pontiff or by his authority, these laws do affect.

b) All other members of the Church, no matter where they live or into what language the forbidden books are translated; when issued by an inferior prelate, they bind all his subjects.⁴

⁴ C. I. C., can. 1395 sq.

3. The common law of the Church, as laid down in the Code, forbids:

a) All editions of the original text and the ancient Catholic versions of Sacred Scripture, including those of the Eastern Church, when published by non-Catholics; also all translations of the Bible or any part thereof, into whatever tongue, when made by non-Catholics or edited by them.⁵

⁵ C. I. C., can. 1399.

The use of such editions of Holy Scripture and vernacular translations as lack the required approbation is permitted to those who are engaged in theological or scriptural studies, provided, however, that the editions are faithfully and completely edited and do not attack the doctrines of the Catholic Church, either in their prolegomena or notes.⁶

⁶ C. I. C., can. 1400.

b) The common law further forbids all books, pamphlets, leaflets, and periodicals, no matter by whom composed, that defend heresy or schism, or in any way strive to undermine the foundations of religion.⁷

⁷ C. I. C., can. 1399, n. 2.

This prohibition, in the opinion of competent theologians, includes all writings which in word or picture (caricature) ridicule religion and aim at subverting its foundations. But it does not include encyclopedias compiled by Catholics and non-Catholics in collaboration, even though the articles contributed by the latter may contain heresies or champion materialism and other grievous errors.⁸

⁸ Cfr. Arregui, Summarium Theol. Mor., p. 260; Ferreres, Compend. Theol. Mor., Vol. I, p. 636.

c) The common law of the Church also forbids all books that purposely or professedly attack religion or morals.⁹

⁹ C. I. C., can. 1399, n. 3.

d) Also all books written by non-Catholics, which treat ex professo¹⁰ of religion, unless it is certain that they contain nothing against the Catholic faith.¹¹

¹⁰ On the meaning of this phrase see Timothy Hurley, A Commentary on the Present Index Legislation, Dublin 1907, pp. 84 sqq.

¹¹ C. I. C., can. 1399, n. 4.

e) Likewise, unapproved editions of, or commentaries upon Sacred Scripture, or translations into the vernacular, whether with or without notes; also those mentioned supra, as well as all books describing new apparitions, revelations, visions, prophecies, or miracles or introducing new devotions, even though it be under the pretext that they are private, if published without canonical approbation.¹²

¹² C. I. C., can. 1385, § 1, n. 1; can. 1391; can. 1385, § 1, n. 2; cfr. Ferreres, Compend. Theol. Mor., Vol. I, p. 638.

f) The common law also forbids books which impugn or deride any Catholic dogma, or defend errors that have been condemned by the Holy See, or detract from divine worship, or attempt to subvert the discipline of the Church, or purposely (data opera) malign the ecclesiastical hierarchy or the clerical or religious state.

g) All books that teach or recommend any form of superstition, witchcraft, divination, magic, the evocation of spirits, or other similar practices.

h) All books that represent duelling, suicide or divorce as permissible, or defend Freemasonic or other societies of the same kind as useful and not pernicious to Church and society.

i) Also all books which treat ex professo of lascivious or obscene things.

j) Also any and all editions of approved liturgical books in which anything has been changed, so that they no longer agree with the authentic originals approved by the Holy See.

k) Also all books containing spurious indulgences or such as have been proscribed or revoked by the Holy See.

l) Also images or pictures, no matter how manifolded, of our Lord Jesus Christ, the Blessed Virgin Mary, the angels and saints or other servants of God, depicted contrary to the mind and the decrees of the Church.¹³

¹³ C. I. C., can. 1399; cfr. Ferreres, op. cit., Vol. I, p. 637.

The last-mentioned prohibition does not affect statues, coins, or paintings.

4. The effects of the prohibition of a book by the ecclesiastical authorities are indicated in canon 1398, as follows:

a) The prohibition of a book has the effect that it cannot, without due permission, be published, or read, or retained, or sold, or translated into another language, or in any way communicated to others.¹⁴

¹⁴ C. I. C., can. 1398, § 1.

b) A book which has been in any way forbidden, may not be republished except after the necessary corrections have been made and permission has been obtained from him who forbade it, or from his superior or successor in office.¹⁵

¹⁵ C. I. C., can. 1398, § 3.

To publish a book (edere) means to cause it to be manifolded and disseminated, either at one’s own expense, or at the expense of somebody else.¹⁶

¹⁶ A. Vermeersch, S.J., De Prohibitione et Censura Librorum, 4th ed., Rome 1906, n. 49, 127.

To read a book means to peruse it understandingly, not merely to listen to its being read, or gaze at the letters without comprehending their significance.

To retain a book means to keep it in one’s house, or to entrust it to another, without relinquishing one’s ownership. This prohibition does not affect book-binders and librarians.

A forbidden book may not be sold, either publicly or in private, nor may it be given or loaned to any one who has not permission to read forbidden books.

5. The laws of the Church on books bind per se under pain of mortal sin, but admit of parvitas materiae.

It is a mortal sin to retain a dangerous book that has been forbidden by the Church, for more than a month, or to read any considerable part of it, or to read any passage in it which is apt to cause serious danger to faith or morals. It is also grievously sinful to read habitually forbidden newspapers or magazines, or any sizeable pamphlet or article directly opposed to faith or morals.

6. Permission to read and retain books forbidden by the common law of the Church or by decree of the Apostolic See, can be obtained for a just and reasonable cause from the Supreme Pontiff, either personally or through the Roman Congregations.

The diocesan bishop can give permission to individuals to read single forbidden books in urgent cases. If he has obtained the necessary faculty for this purpose from the Holy See, he may also give a general permission, but should not do so except for a just and reasonable cause.

The general faculty to read forbidden books does not extend to books specially forbidden by the Ordinaries, unless the respective papal indult contains the clause “a quibuslibet damnatos,” or something to the same effect.¹⁷

¹⁷ C. I. C., can. 1402 sq.

No permission, from whomsoever obtained, excuses a person from obeying the precept of the natural law which forbids the reading of books that constitute a proximate occasion of sin, and commands that forbidden books be properly safeguarded, so that they do not fall into the hands of those who are not allowed to read them.¹⁸

¹⁸ C. I. C., can. 1405, § 1; can. 1403, § 2.

Catholic booksellers are forbidden to sell, loan or retain books that treat ex professo, i. e., of set purpose, of obscene things, and they should not sell prohibited books unless they have permission to do so from the Holy See, and even then, should sell them only to those of whom it may be prudently presumed that they are authorized to read and keep them.¹⁹

¹⁹ C. I. C., can. 1404; cfr. A. M. Arregui, S.J., Summarium Theol. Mor., of which we have made liberal use in compiling this section.

7. To denounce dangerous books is a duty incumbent upon all Catholics, but especially upon clerics and ecclesiastical dignitaries, and among these more particularly upon the delegates of the Apostolic See, the diocesan Ordinaries, and the rectors of Catholic universities.²⁰ Denunciation may be made either to the Ordinary of the diocese, or directly to the Holy See, and should contain not only the title of the book, but also, if possible, a statement of the reasons why it is considered dangerous.²¹ Those who receive such a denunciation are bound in conscience to keep the name of the accuser secret.²² Local Ordinaries should, either personally or through reliable priests, watch over the books published and sold within their territories.²³

²⁰ C. I. C., can. 1397, § 1.

²¹ C. I. C., can. 1397, § 1 and 2.

²² C. I. C., can. 1397, § 3.

²³ C. I. C., can. 1397, § 4.

Books that demand a more careful examination or call for action on the part of the supreme authority, should be submitted by the Ordinaries to the judgment of the Holy See.²⁴

²⁴ C. I. C., can. 1397, § 5.

To decide whether this or that particular book is forbidden by the general laws of the Church is left to the judgment of the individual, unless a special declaration exists on the subject. Hence, when one is in doubt as to the character of a book, whether it belongs to the category of forbidden books or not, one is allowed to read as much of it as may be necessary to form an opinion. Those who are unable to form a judgment for themselves, should consult learned men, especially their pastor or confessor.²⁵

²⁵ H. Noldin, S.J., Summa Theol. Mor., Vol. II, p. 747.

Generally speaking, the law of nature forbids the reading of any book that one feels to be dangerous to faith or morals. Nor does that law make any distinction between bad books of one kind or another, or between the manner of reading, whether a book be read in the ordinary way or by listening to others. The prohibition ceases with the danger. Consequently, the same book may be prohibited to one person and permitted to another.

The gravity of the sin committed by reading a book forbidden by the law of nature depends, not on the quality or size of the volume, but simply and solely on the danger arising to the reader from its perusal. If there is proximate danger of mortal sin, the act of reading such a book is mortally sinful; but if the danger of mortal sin is remote, or there is danger of committing a venial sin only, the act of reading is venially sinful. Hence it is permitted, for a proportionately grave reason, to read books from which only a slight or remote danger of sin is to be feared.²⁶

²⁶ Noldin, op. cit., Vol. I, p. 736 sqq.

READINGS.—A. M. Arregui, S.J., Summarium Theol. Mor., 4th ed., Bilbao 1919, pp. 250–263.—Sabetti-Barrett, S.J., Compendium Theol. Mor., 28th ed., New York 1920, pp. 334–342.—J. B. Ferreres, S.J., Compendium Theol. Mor., 9th ed., Barcelona 1918, pp. 404–419.—Joseph Hilgers, S.J., art. “Censorship of Books,” in the Cath. Encyclopedia, Vol. II, pp. 519 sqq.—T. Hurley, Commentary on the Present Index Legislation, Dublin 1907.—A. Vermeersch, S.J., De Prohibitione et Censura Librorum, 4th ed., Rome 1906.—J. Hollweck, Das kirchliche Bücherverbot, 2nd ed., Mayence, 1897.—Alb. Sleumer, Index Romanus, 6th ed., Osnabrück 1915.—Ph. Schneider, Die neuen Büchergesetze der Kirche, Mayence 1900.—G. Péries, L’Index, Paris 1898.—A. Boudinhon, La Nouvelle Législation de l’Index, Paris 1899.—J. Wernz, Jus Decretalium, Vol. III, Rome 1901, n. 95–131.—H. Noldin, S.J., Summa Theol. Mor., Vol. II, pp. 722 sqq.—J. Hilgers, S.J., Der Index der verbotenen Bücher, Freiburg i. B. 1904.—Art. “Index of Prohibited Books” in the Catholic Dictionary, 9th ed., London 1917, pp. 449 sqq.—Thos. Slater, S.J., A Manual of Moral Theology, Vol. II, pp. 459 sqq. (contains the full text, in English, of Leo XIII’s Constitution “Officiorum et munerum”).