Chapter I: On the Prior Censorship of Books

— The censorship of a book must be distinguished from the license to publish it. Censorship, by the force of the word, means a sentence, a judgment; and from c. 1384 it is the authoritative review of a book by ecclesiastical power; wherefore it logically precedes license. Censorship immediately touches the book; license, the person writing. Censorship is necessarily particular and prior. License can be general, express, tacit, presumed; and its defect can be supplied by ratification. Ecclesiastical censorship by common law is assigned to the Ordinary of the place, because it is made concerning works which are rendered public property; license, from the Code itself, must also be given by the major Superior of a religion.

Voluntary omission of censorship, just as of license, is indeed of itself grave; yet omission of the latter more easily than of the former will be excused from grave sin on account of lightness of matter.

Therefore we shall separate license which is joined with censorship from separate license.

— Works to be subjected to censorship. "Unless ecclesiastical censorship has preceded, let there not be published, even by laypersons:

1° "Books of the Sacred Scriptures or annotations and commentaries on them (c. 1385);

2° "Books which regard the divine Scriptures, sacred theology, ecclesiastical history, canon law, natural theology, ethics, or other religious and moral disciplines of this sort; books and booklets of prayers, of devotion, or of religious, moral, ascetical, mystical doctrine and instruction, and other such things...; and generally writings in which there is anything which peculiarly concerns religion and uprightness of morals" (c. 1385).

What peculiarly concerns religion and uprightness of morals will often have to be judged from the circumstances of place or time. For it happens not rarely that a question of political or social government, on account of the circumstances of a region, cannot be resolved toward this or that side without religion itself receiving much utility or detriment therefrom. In this matter one must stand by the judgment of Ordinaries, as is plain, although recourse to the Holy See, at least in devolutive effect, will always lie open.

3° "Sacred images to be printed in any way, whether they have prayers or are published without them" (c. 1385).

Now all sacred images, not only new ones (Off. ac Mun., 15), are to be subjected to censorship. An image must be called sacred which is published for worship or for fostering piety; for if they are proposed as specimens of eminent art and works of famous artists, there is no reason why, the end of the law entirely ceasing, they should be approved by ecclesiastical Superiors.

4° "Those things which in any way pertain to causes of beatifications and canonizations of the servants of God..." (c. 1387);

5° "All books of indulgences, summaries, booklets, sheets, etc." (c. 1388);

6° Collections of decrees of the Roman Congregations, to be published again (c. 1389);

7° Liturgical books and their parts, likewise litanies approved by the Holy See (c. 1390);

8° Every new edition or translation into another language of an approved work" (c. 1392).

The Code itself notes that chapters excerpted from periodicals, published separately, are not to be considered a new edition.

— Author of the license to be granted after censorship. 1. Unless approval, according to the quality of the matter, is more reserved (e.g., for liturgical books, summaries of apostolic indulgences), "license to publish books and images... can be given either by the local Ordinary proper to the author, or by the Ordinary of the place in which the books or images are made public property or in which they are printed...; yet in such a way that if any one of these Ordinaries has denied license, the author cannot seek it from another Ordinary, unless he has informed the same of the license denied by the other" (c. 1385).

2. "If license seems to have to be denied, the reasons are to be indicated to the author asking, unless a grave cause requires otherwise" (c. 1391, 2).

The obligation is passed over, if there truly was one, for authors who live in Rome to obtain the approval of the Cardinal Vicar of the City or of the Master of the Sacred Palace (Off. ac Mun., 37).

— On the office and mention of censors (c. 1393). The office of a censor, if you look only at the words of the canon, is to judge concerning the doctrine of the book, not concerning its opportuneness; moreover he must give his judgment in writing. The recommendation is renewed that censors, in bringing judgment, follow not private opinions or opinions of their own school, but the common doctrine of Catholics and approved authors, all acceptance of persons being set aside.

Yet the censor will be able to warn the Ordinary concerning the inopportuneness of a book, indeed sometimes by the natural law of charity he will have to.

The censor's judgment is to be placed before the license to publish and, except in the rarest cases, his name. Yet this must never be revealed to the author before he has brought a favorable judgment.

Neither the words of the canon nor reason demand that the censor's name be indicated in the book itself. Not the words of the canon, for c. 1394 requires only that the license itself be published, with the name of the one granting it expressed; not reason: for mention is required so that there be evidence of some sponsor of the book. But for this it is enough that the censor's name be preserved in the archive. And in reality, both in Rome and outside Rome, the censor's name does not appear in many books.

— On license separate from censorship. 1. To the Ordinary of the place is reserved the judgment concerning the just and reasonable cause on account of which even Catholic laypersons may "write something in daily papers, sheets, or periodical booklets which are accustomed to attack the Catholic religion or good morals" (c. 1386, 2).

In an urgent case it will be licit to presume approval.

2. "Secular clerics are forbidden, without the consent of their Ordinaries..., to publish even books which treat of profane matters, and to write in daily papers, sheets, or periodical booklets or to direct the same" (c. 1386).

3. Religious, that they may publish a book on any matter whatsoever or write in daily papers, sheets, or periodical booklets or direct them, first need the license of their own major Superior and then of the Ordinary of the place (cc. 1385, 1386).

All will easily perceive the increased severity of the law. For the cause for writing something in periodicals which are hostile to religion or good morals is subjected to the judgment of the Ordinary. The prohibition formerly made to clerics of directing daily papers or periodicals is now extended to every cooperation of some moment, which, for example, will be had by repeated, even smaller, compositions. For thus we interpret the word "to write," since the Code itself uses other words for bad and for good periodicals. Yet lest someone abuse this interpretation, the prohibition made above (c. 889, 2°) of publishing without prior censorship whatever "peculiarly concerns religion and uprightness of morals" is to be noted.

Finally, all religious are assimilated to secular clerics in this matter, which is an extension of the old law both as regards things and as regards persons (Off. ac Mun., 42). The local Ordinary whose license religious need seems to be one of those three who are indicated in the preceding canon.

But the license of one's own Superior must precede the license of the local Ordinary. For c. 1385, §3 says: "Religious... must first obtain the license... of their own major Superior."

— Form of the license. "The license by which the Ordinary gives the power of publishing is to be granted in writing, to be printed at the beginning or at the end of the book, sheet, or image, with the name of the one granting it expressed, and likewise the place and time of the concession" (c. 1394).

But the obligation has been suppressed of printing in the title of the approved book the name and surname both of the author and of the publisher, and also the place and year of printing and edition. And here, unless we are mistaken, there is question only of the license which is connected with the censorship of books, so that books immune from censorship are not touched by this canon.

We have already admonished at n. 894 that the name of the one granting, but not likewise of the censor, must be printed; and for many writings it is practically admitted that there merely be placed: "With ecclesiastical approval."

— 1. General canon. Those things which are prescribed concerning books under title XXIII are to be applied to any published writings, unless something else is clear from the nature of the thing, as for the prior censorship of a daily paper and image; or from the context of the speech, as c. 1386 itself distinguishes books and daily papers from periodical booklets. Nor are penalties inflicted below under another title to be taken with the same extension.

I. Censorship and license. Censorship is the authoritative review of a book by ecclesiastical power; it is necessarily particular and prior; it is committed by common law to the Ordinary of the place; it immediately touches the book; and it logically precedes license, which is given to a person, can be general, express, tacit, presumed, and is supplied by ratification. This license must also be given by the major Superior of religious.

II. Works to be subjected to prior censorship. 1. Books of Sacred Scripture or annotations or commentaries on them.

2. Books which regard religious and moral disciplines; books and booklets of devotion or religious instruction; writings which contain anything which peculiarly concerns religion and uprightness of morals.

3. Sacred images with or without prayers.

4. Those things which pertain to the beatification or canonization of Servants of God.

5. Writings on indulgences.

6. Collections of decrees of the Roman Congregations, to be published again.

7. Liturgical books and their parts; litanies approved by the Holy See.

8. Every new edition or translation of a work to be approved or already approved. Yet excerpts taken from periodicals, published separately, are not a new edition.

The proper office of censors, according to the norm of c. 1393, is to bring judgment concerning the doctrine of the book, according to common teachings, with the opinions of their own school neglected.

Yet they are not prohibited from making the Ordinary attentive to reasons of the religious common good which could dissuade from the divulgation of the book and on account of which the Ordinary would opportunely deny license for publishing the book. But this pertains less properly to their office. Wherefore c. 1393 treats only of the doctrine of the book.

After judgment has been brought, excepting arguments to be submitted to the Holy See, license is given by the local Ordinary either of the author, or of the publisher, or of the printer. License denied by one must be manifested to another from whom it is sought. The reasons for denied license are of themselves to be indicated to the author asking. The license is to be printed in the book. But it does not seem to be required that the censor's name be made public property.

III. 1. For writing anything in daily papers and periodical booklets which are accustomed to attack religion or morals, of itself, if time is available, the Ordinary of the place must be approached by all.

But secular clerics are forbidden, without the consent of their Ordinaries, to publish even books concerning profane matters, to direct daily papers or periodicals, or to give work to the same as writers.

Religious need the license of their own major Superior besides the license of the Ordinary, who seems able to be the same one to whom recourse can be made for censorship.