Article III: On the Reading and Dissemination of Prohibited Writings

769. By natural and positive law, writings dangerous to faith or Christian life are prohibited in diverse ways. - By natural law we are obliged to avoid every danger of great moment for faith and morals; hence, apart from all human and ecclesiastical laws, it is regularly unlawful to disseminate or to read writings dangerous to faith or good morals. Hence:

1. Bishops, parish priests, fathers of families, legislators, magistrates, teachers, etc., must use the greatest vigilance that pernicious books be kept far from the eyes and hands of those for whom they are to render an account to God (can. 1405, § 2; 1397, § 4).

2. Even if books are not prohibited by human and ecclesiastical law, nevertheless they can be dangerous and prohibited for a determined person by reason of special danger, for example, for a youth.

3. Hence if books are not entered in the Index, they can be prohibited by the natural law, either generally, or for a determined person.

4. And if some have been furnished with the faculty of reading prohibited books, or if the laws of the Index did not flourish somewhere, nevertheless they could not read all things, namely, if by their nature they are dangerous for all, or if they know or experience that reading of this kind is harmful to them, or proximately dangerous, for example, if they do not know how to discern truth from error (can. 1405, § 1).

5. In this matter it is ordinarily expedient to follow the stricter opinions, says St. Alphonsus, namely, when it is a question of avoiding the proximate danger of formal sin.

6. But in addition, by ecclesiastical law, for example, of the Index, or by the Supreme Pontiff or by a bishop by name, writings can be interdicted¹ (can. 1395); and then, even if they were read without danger, nevertheless they remain prohibited: by natural law indeed they are prohibited on account of the very danger of perversion in the particular case, but by positive law on account of the presumption of common danger (n. 345, and can. 21).

¹ Cf. the treatise De Ecclesia, where concerning the power of the Church; likewise the Council of Trent, sessions 4, 18, and 25. Concerning the law of the Index one can consult: Vermeersch, De Prohibitione et Censura librorum; Salsmans, Het Index; Kiselstein, L'Index; Marc-Gestermann, in Th. M. I, appendix.

Concerning this positive law of the Index and its general and special rules we must now speak specifically; it prohibits three kinds of writings, namely, those regarding Sacred Scripture, or faith and morals, or worship, devotion, and liturgy.

770. As regards Sacred Scripture, by a general rule, by the law itself there are prohibited:

1. "Editions of the original text and of ancient Catholic versions of Sacred Scripture, even of the Eastern Church, published by any non-Catholics whatsoever" (can. 1399, § 1).

2. "Versions of the same into any language whatsoever, made or published by the same" (can. 1399, § 1).

3. "Books of the Sacred Scriptures or annotations and commentaries on the same, if they have been published without the prescriptions of the canons being observed" (can. 1385, § 1, and 1399, § 5), that is, without previous censorship, even by laymen.

4. "Versions of the Sacred Scriptures into the vernacular tongue... unless they have been approved by the Apostolic See, or unless they are published under the vigilance of the Bishops and with annotations principally excerpted from the holy Fathers of the Church and from learned and Catholic writers"² (can. 1391 and 1399, § 5). This holds for editions after the year 1897: for the law does not have retroactive effect; but before the year 1897 the approval of the bishop was not required, but for Catholic editions a version with annotations sufficed.

² "Books of any writers whatsoever (even Catholics) which defend heresy or schism"1 (that is, not merely stating it in passing, with few words and as if doing something else, but attempting to persuade by adding reasons, proving or defending it); - "or which strive in any way to overthrow the very foundations of religion" (whether directly, by reasons, or indirectly, by insults; whether by serious attack, or even by jokes and derision) (can. 1399, § 2).

But it should be noted: a) the exception of can. 1400: "The use of the aforesaid books... is permitted only to those who in any way devote themselves to theological or biblical studies, provided the same books have been faithfully and integrally published and the dogmas of Catholic faith are not attacked in their prolegomena or annotations." They are permitted, namely, to professors, students, and those who, after their studies have been completed, continue to study Scripture; that is, whoever habitually, not by a merely passing act, cultivate these studies, whether in schools or privately;

b) there is no longer any prohibition of reading Scripture in the vernacular tongue, nor an obligation of asking permission from the parish priest or confessor, provided the edition is approved.

1. This must be taken copulatively (com. int. May 20, 1923). - Paraphrastic versions seem to be assimilated to versions with annotations.

2. Annotations which set forth profane science, geography, archaeology, etc., can be drawn from profane authors.

771. As regards faith and morals, by a general rule, by the law itself there are prohibited:

Heresy is error in Catholic faith. Schism is understood as perfect and complete, by which someone refuses obedience to the Supreme Pontiff; but not simple disobedience, nor contempt of a particular law, nor rebellion against a bishop. The foundations of religion are preliminary truths of the natural order which found the Catholic religion (for example, the possibility of a miracle, prophecy, revelation, or motives of credibility in general, etc.) or every religion (for example, the existence of God, the spirituality of the soul). Hence books defending atheism, pantheism, skepticism, agnosticism, positivism, theosophy (June 16, 1919), and many modern philosophical works are prohibited.

2. "Books which deliberately attack religion" (Catholic, or at least natural religion) "or good morals" (can. 1399, § 3), that is, they do not touch upon them in passing, but professedly attack them, or from intention and by design; this can be manifested either explicitly or by multiplied attacks from the fact that it is done in a notable part, for example, several times, or through several pages or an entire chapter.

Hence sectarian writings are prohibited, and many socialist writings, and those which habitually narrate or describe immoral things.

3. "Books of any non-Catholics whatsoever" (namely, apostates, heretics, schismatics, or the non-baptized) "which professedly treat of religion" (that is, with the intention of teaching, principally, in a notable part, for example, one chapter), "unless it is clear that nothing" (of any moment) "is contained in them against Catholic faith" (can. 1399, § 4).

Books of non-Catholics treating of sacred doctrine, of dogmatic or moral matters, of canon law or ecclesiastical history, of philosophical truths which are the foundation of religion and theology, are presumed erroneous and dangerous in faith, unless the contrary is clear, as for example, in the case of Leibniz, Systema theologiae, or Hugo Grotius, De Religione. Therefore they are not to be read without previous information. - On the contrary, works of Catholics who afterward became heretics.

4. "Books which attack" (by arguments) "or deride any one whatsoever of the Catholic dogmas" (not only deny them), - "which support errors proscribed by the Apostolic See" (either immediately by the Supreme Pontiff or mediately by a Sacred Congregation with pontifical approval, for example, the errors of the Syllabus: thus S. C. Ind., May 23, 1898), "who defend them" (that is, professedly), - "which detract from divine worship" (not in passing but notably, so that its reputation is harmed or it is held in less esteem), - "which contend to overthrow ecclesiastical discipline" (for example, celibacy, the Index), that is, they professedly intend to change it and make it waver, - "and which deliberately" (studiously, advisedly, by design) "affect with insults the ecclesiastical hierarchy" (whether of order or of jurisdiction), "or the clerical or religious state" (not as private persons, but because they pertain to the hierarchy or the state) (can. 1399, § 6).

5. "Books which teach" (so that others may learn and do) "or commend superstition of any kind, sorceries, divination, magic, evocation of spirits, and other things of this kind" (can. 1399, § 7).

Such are those which teach effects of the devil, modes which are known to be insufficient without the intervention of the devil, or true spiritism by which the evocation of spirits or intercourse with them is intended; but not books which hand down merely natural occultism.

6. "Books which state that dueling, or suicide, or divorce" (not only of the civil contract but of the bond itself of marriage) "is lawful" (in conscience), that is, they do not affirm it in passing but attempt to demonstrate it by reasons, - "which, treating of Masonic sects or other societies of the same kind, contend that they are useful and not pernicious to the Church and to civil society," not incidentally but in a notable part (can. 1399, § 8).

Societies of that kind are clandestine sects, such as the Carbonari, Nihilists, Anarchists, etc., also the Fenians (Holy Office, January 12, 1870); but not socialists, who form a political sect, unless nevertheless they were secretly united to overthrow the State.

7. "Books which professedly" (not in passing, but principally, or directly and notably) "treat, narrate" (vividly so that they entice, for example, pornographic books), "or teach lascivious or obscene things," that is, theoretically approve them, for example, free love, Malthusianism, contraceptive means (can. 1399, § 9). - But not theological, scientific, or surgical works, unless under a scientific pretext they appear to have been written to nourish wicked curiosity or to excite venereal appetite.

It should be noted that formerly there existed an exception in favor of teachers for obscene classical works, but this has been removed. Hence if a professor, or judge, or newspaper writer, or official must read an obscene book by office, he should ask permission; but if he had to read it altogether immediately, he could suppose, for this case alone, that the law does not oblige and that its obligation here and now ceases.

1. Custom has excepted the writings of more ancient heretics, such as Tertullian, Origen, Pelagius, etc., whose errors have long since become obsolete.

772. As regards worship, devotion, and liturgy, by a general rule, by the law itself there are prohibited:

1. "Books and booklets which narrate new apparitions, revelations, visions, prophecies, miracles" (as supernatural), that is, they do not report them in passing by the way, but professedly or in a notable part; "or which introduce new devotions" (notably different from ancient and approved ones), "even under the pretext that they are private, if they have been published without the prescriptions of the canons being observed" (can. 1399, § 5).

This holds for books published after 1897, for the law does not have retroactive effect. Books of prayers, devotion, or theological doctrine and religious, moral, ascetical, or mystical instruction are no longer prohibited: they can also be read and retained without approval. Likewise the canon does not hold for apparitions approved by the Church, such as those of the Immaculate Blessed Virgin Mary of Lourdes, the revelations of St. Bridget, St. Margaret Mary, etc.

But several novelties were reproved: the cult concerning the blood of Mary (January 13, 1875), the title of friend of the Sacred Heart of Jesus (May 4, 1892), the title of the Blessed Virgin Mary as Lady of the Sacred Heart because she exercises dominion over the Son (February 23, 1875), the special cult to be attributed to the Face of the Redeemer in the manner in which it was proposed by the priests of the Holy Face (May 4, 1892), the title of the penitent Sacred Heart of Jesus (July 9, 1893), the prayer for the dominion of Christ and Mary Immaculate over all creatures (June 19, 1895), the private cult of the divine hands of Christ (April 17, 1896, Index), the image of the Eucharistic Heart of Jesus (May 27, 1891), the image of the Blessed Virgin Mary clothed in priestly vestments (April 8, 1916).

2. "Editions of liturgical books" (for example, the missal, breviary, ritual, pontifical, and ceremonial of bishops) "approved by the Apostolic See, in which anything has been changed, so that they do not agree with the authentic editions approved by the Holy See" (can. 1399, § 10).

3. "Books in which apocryphal indulgences, or those proscribed or revoked by the Holy See, are published" (can. 1399, § 11). Hence also small sheets with apocryphal indulgences are prohibited (can. 1388, § 1).

4. "Images printed in any way whatsoever" (by printing properly so called, engraving, photography, lithography, phototype, etc.) "of Our Lord Jesus Christ, the Blessed Virgin Mary, the Angels and Saints or other Servants of God, alien from the sense and decrees of the Church" (can. 1399, § 12).

Statues or painted images are not prohibited.³ Nor artistic images which have as their principal end to reproduce art; but pious images, destined for public or private worship. Nor simply images not approved, but new ones. Whether medals are comprehended is uncertain, because they are rather struck than printed.

³ These, for their admission in churches or use in worship, can fall under can. 1279.

773. What is prohibited under the name of books? - Under the name of books manuscripts do not come (even lithographic or polygraphic ones), unless they have been published and made public, handed on or sold to all; but "those things which are prescribed concerning books are to be applied to publications, newspapers, periodicals, and any other published writings whatsoever, unless something else is clear" (can. 1384). Hence:

1. Periodicals, encyclopedias, etc., if by the way, in one or another article, they are touched by the general rules of the Index, are not judged prohibited; - on the contrary, if ordinarily or in a notable or greater part they have such things as their object, then not only the fascicles collected into a volume, but each one is proscribed. Yet excerpts from periodicals (tires a part), which contain good or indifferent things, are not prohibited.

2. If a prohibited work consists of several tomes, all are prohibited if they treat of the same argument and one indivisible; only the tome which contains the error or dangerous part is prohibited if the different tomes treat of a different argument, or indeed of the same one but divisible, as is, for example, universal history, because in this case they are judged different books.

3. A book prohibited only on account of certain places, provided this is certain, is no longer prohibited if this part is removed so that it cannot be read.

4. Mere citations from a depraved book, especially in order to refute them, are not prohibited, unless they are longer such that they would be a reproduction.

774. Special prohibition of writings. - Apart from books prohibited by the general rules, some are also specially and by name entered in the Index, or prohibited in another way by the Apostolic See. This prohibition brings about:

1. that all editions already made are prohibited, unless the prohibition is limited to a determined edition;⁴ likewise all future editions "unless, corrections having been made, he who had prohibited the book, or his superior or successor, gives permission" (can. 1398, § 2);

⁴ Prohibitions which forbid books on account of matter are judged to regard all editions; prohibitions which forbid books on account of defect of approval are not extended to books previously published.

2. that all versions are prohibited, for "the prohibition of books brings it about that without due permission a book cannot... be translated into another language" (can. 1398, § 1), unless nevertheless only the version had been entered in the Index;

3. that if all the works of some author are prohibited, they are to be understood not as later works, but as the earlier ones which exist at the moment of condemnation. From the preface of the Catalogue of the Index published in the year 1940 we have in addition that "when all the works of some writer are condemned, all and each of the same writer's works are judged condemned," and not only those which are prohibited by the general rules. Since this norm is modifying, it does not have retroactive value, so that for condemnations issued before January 2, 1940, all works are only those which are prohibited by the general rules. Nevertheless, a presumption and suspicion is present against the others, whence in practice they are to be submitted to examination.

4. that if all the love-stories of someone are prohibited, all and each are also understood if the condemnation was issued after the year 1940; otherwise only those which are prohibited by the general rules.

5. that chrestomathies are also prohibited if they reproduce one or more condemned writings for the greater part.

775. To what precisely does the law of prohibition oblige? - The aforesaid laws oblige the faithful (not Cardinals, Bishops, Ordinaries according to can. 1401), and indeed under grave obligation, because the end of warding off from the faithful the danger which threatens from reading is more grave, and the law contributes much to this end; this is also clear from the penalties. Moreover, it obliges the faithful so that:

a) they are bound everywhere on earth (can. 1396), unless nevertheless in some place a special indult has been obtained;

b) even those for whom danger is not present are bound (can. 21);

c) and so that "without due permission a book can neither be published, nor read, nor retained, nor sold, nor translated into another language, nor communicated in any way with others" (can. 1398, § 1).

It cannot:

1. be published, that is, be made public, which is done by: the author if he handed over the book for the end that it be published; the publisher who cares for its dissemination; and the owner of the printing house who undertakes its printing; - yet probably not proofreaders or the printers themselves;

2. nor be read in the proper sense, which is done by those who, scanning a book with their own eyes, understand the things written; - but not by those who hear another reading, nor by those who recite from memory, nor by those who scan with their own eyes but do not understand because of ignorance of the language, nor probably by those who hear a reader whom they have induced to read by requests or by command.

Grave matter and mortal sin are present: a) by reason of quality, when a very depraved passage is read, or an article in newspapers, even if it comprises only one or another page; b) by reason of quantity, if someone reads indiscriminately all things, or a notable part of a writing of unknown nature, because he commonly exposes himself to great danger: what a notable part is is difficult to determine, whether 6, 10, or perhaps even 20 pages, according to the depravity or bulk of the writing and the gravity of the danger; but for newspapers it is the custom of reading; c) to read things which certainly are harmless, not only to the reader but by their nature and commonly to all, is venial, unless there is danger of contracting a habit and reading the rest; d) it is venial to read that which is prohibited only because it was published without approval;

3. nor be preserved, which is done by: the owner who keeps his own book with himself, even if he did so not for reading but for mere ornament, even if he does not understand the language; - by the depositary who keeps another's book with himself; - by the depositor who keeps his own book with another, provided he does not deposit it with an agreement not to reclaim it except after permission has been obtained; - yet not by the bookbinder (at least if it is not done for a long time), nor by the custodian or librarian, provided he does not remove the books and transfer them into his own house.

It is a grave sin to preserve one for a notable time, for example, for some weeks or for a month; but if someone is waiting for a suitable occasion of asking permission, the books can be retained somewhat longer;

4. nor be sold. Hence can. 1404: "Sellers of books are not to sell, lend, or retain books treating professedly of obscene matters; other prohibited books they are not to have for sale unless they have obtained due permission from the Apostolic See, nor are they to sell them to anyone unless they can prudently judge that they are lawfully sought by the purchaser." But those also sell who procure the book;

5. nor be translated into another language;

6. nor be communicated with others, for example, by propagating, lending, leasing, etc. (can. 1403, § 2).

776. Penalties against transgressors. - Penalties are also inflicted against some transgressors, namely, according to can. 2318:

1. "They incur excommunication reserved in a special manner to the Apostolic See by the fact itself, once the work has been made public: publishers" (that is, those who make the book public and care for its dissemination, as ordinarily are the author and the owner of the printing house) "of books of apostates, heretics, and schismatics" (but not of Catholics) "which defend apostasy, heresy, or schism" (by added arguments); - "and likewise those defending the same books or others" (of any writer whatsoever, even a Catholic) "prohibited by name through Apostolic letters" (in the form of a bull, brief, encyclical, etc., not through a decree of the Index alone, but by the Supreme Pontiff himself), by name (so that the proper title is expressed and not only the name of the author), "or knowingly" (so that ignorance excuses, even crass ignorance, yet not affected ignorance) "reading or retaining them without due permission."

2. "Authors and publishers who, without due permission, see to it that books of the Sacred Scriptures or annotations or commentaries on them are printed, incur by the fact itself excommunication reserved to no one."

In these, unlike title XXIII, can. 1384, § 2 (n. 773), books are to be understood in the stricter sense, namely, writings published by type which consist in some volume and are not so slight in bulk and weight that they are usually called by another name rather than books. Therefore newspapers are not comprehended, - nor periodicals or small fascicles, unless these are bound into one (Holy Office, January 3, 1892).

777. Those who can prohibit books are: the Supreme Pontiff; the Sacred Congregation of the Holy Office, to which the Index of books now pertains, per se; per accidens, other Congregations, books concerning matter competent to them; - particular Councils; - Ordinaries of places1 (can. 1395). Hence can. 1403, § 1:

"Those who have obtained an apostolic faculty of reading and retaining prohibited books cannot for that reason read any books whatsoever proscribed by their own Ordinaries, unless in the apostolic indult there has been made for them an express power of reading and retaining books condemned by any persons whatsoever."

Likewise, those who have obtained this general permission of reading books entered in the Index, or the faculty of granting it, cannot for that reason read, or grant a general permission of reading, writings prohibited by the motu proprio of the Supreme Pontiff, as is clear from a recent declaration for the very well-known prohibited newspaper: L'Action francaise, years 1927-39; but those must obtain an altogether special permission.

Those who have prohibited books can give permission for reading, as can their superiors and those who are delegated by them to this. Hence Ordinaries per se do not have power to grant a general permission of reading books condemned by the Apostolic See, but only if they receive a special faculty; nevertheless in this matter can. 1402 must be observed:

"§ 1. Ordinaries can grant to their subjects, as regards books prohibited by the law itself or by decree of the Apostolic See, permission for individual books only and in urgent cases only.

§ 2. But if they have obtained from the Apostolic See a general faculty of permitting their subjects to retain and read proscribed books, they are to grant it only with selection and for a just and reasonable cause."

This faculty of reading, since it is a personal privilege, has force everywhere.

1. "Also the Abbot of a monastery sui iuris and the supreme Moderator of an exempt clerical religion, with his Chapter or Council, can prohibit books to his subjects for a just cause, and the same, if there is danger in delay, can be done by other major Superiors with their own Council, yet under this law, that they refer the matter as quickly as possible to the supreme Moderator" (can. 1395, § 3).

778. Dissemination and censorship of books. - Also for publishing or disseminating certain writings, previous censorship or permission is required:

A. For all, even laymen, according to can. 1385:

"§ 1. Unless ecclesiastical censorship has preceded, let there not be published, even by laymen:

1. Books of the Sacred Scriptures or annotations and commentaries on the same;

2. Books which regard the divine Scriptures, sacred theology, ecclesiastical history, canon law, natural theology, ethics, or other religious and moral disciplines of this kind; books and booklets of prayers, devotion, or religious, moral, ascetical, or mystical doctrine and instruction, and other things of this kind, although they may seem conducive to fostering piety; and generally writings in which there is something which peculiarly concerns religion and the honesty of morals;

3. Sacred images to be printed in any way whatsoever, whether they have prayers attached or are published without them.

§ 2. Permission to publish books and images concerning which in § 1 can be given either by the local Ordinary proper to the author, or the Ordinary of the place in which the books or images are made public, or the Ordinary of the place in which they are printed, yet so that if any one of these Ordinaries has denied permission, the author cannot seek it from another Ordinary unless he has informed the same of the permission denied by another."

B. Specifically for religious and clerics:

"Religious, however, must also previously obtain the permission of their major Superior" (can. 1385, § 3).

"Secular clerics are forbidden, without the consent of their Ordinaries, and religious, without the permission of their major Superior and of the local Ordinary, also to publish books which treat of profane matters, and to write in newspapers, sheets, or periodical booklets, or to direct the same" (can. 1386, § 1).

And indeed:

1. sometimes permission of the Holy See is required, namely:

a) for those things which pertain to causes of beatification and canonization (can. 1387);

b) for an authentic collection of prayers and pious works to which the Apostolic See has attached indulgences, for a list of apostolic indulgences, and for a summary of indulgences either now first collected or not yet approved (can. 1388, § 2);

c) for collections of decrees of the Roman Congregations (can. 1389);

d) for versions of the Sacred Scriptures without annotations to be printed in the vernacular tongue (can. 1391), for approving liturgical books (can. 1257), and new litanies to be publicly recited (can. 1259, § 2).

2. sometimes permission of the one who prohibited, namely, for prohibited writings (can. 1398, § 2).

3. sometimes permission of the local Ordinary:

a) for books of the Scriptures or their annotations and commentaries, books treating of a religious or moral matter, and sacred images (can. 1385, § 2);

b) for books, summaries, or sheets of indulgences already granted to be published (can. 1388, § 1);

c) for publishing liturgical books or litanies approved by the Holy See in order to agree with the approved edition (can. 1390);

d) for versions of the Sacred Scriptures with annotations into the vernacular tongue to be published (can. 1391).

779. Observations. - 1. "The approval of the original text of some work does not avail for translations of the same into another language, nor for other editions; wherefore both translations and new editions of an approved work must be fortified with a new approval" (can. 1392, § 1).

2. "Chapters excerpted from periodicals and published separately are not judged new editions and therefore do not need a new approval" (can. 1392, § 2).

3. "The permission by which the Ordinary makes the power of publishing is to be granted in writing, to be printed at the beginning or end of the book, sheet, or image, with the name of the one granting it expressed, and likewise the place and time of the grant" (can. 1394, § 1).

In this, nevertheless, a dispensation can sometimes be given for a just cause, or a great inconvenience can excuse; indeed, says Vermeersch, Th. M. III, n. 896, for many writings, especially of lesser bulk or moment, in practice it is admitted that merely this be placed: "with ecclesiastical approval."