Chapter II: On the Prohibition of Books

— The competent author of prohibition (c. 1395).

The right and office of prohibiting books for a just cause belongs:

1° to the Roman Pontiff (by himself or through the Sacred Congregations) and to general Councils for the universal Church;

2° to particular Councils and local Ordinaries for their own subjects.

That exempt religious are immune from the prohibition of the Ordinary is the more probable now because there is already silence concerning his faculty of acting as a delegate of the Holy See. Besides, the prohibitions of Ordinaries are said to be valid for their own subjects.

3° to the Abbot of a monastery of its own right and to the supreme Moderator of an exempt clerical religion with his Chapter or Council for their own subjects; "and the same, if there is danger in delay, other major Superiors can do with their Council, under this law, however, that they refer the matter as soon as possible to the supreme Moderator."

A prohibition from which someone has appealed to the Holy See must be observed until the matter is decided in his favor.

— The force of prohibition.

We have proved in our On the Prohibition and Censorship of Books, 5th ed., n. 26, that not only penalties, but also prohibitions, as such, are to be interpreted strictly.

Those things which were everywhere and not completely stated in the old law are now proposed clearly: "The prohibition of books effects this: that without due license a book can neither be published, nor read, nor retained, nor sold, nor translated into another language, nor communicated with others in any way."

"A book prohibited in any way whatever cannot be published again, unless, after corrections have been made, he who had prohibited the book, or his Superior or successor, has given license" (c. 1396).

He publishes a book who, with his name given, spends effort on its diffusion, by which note he differs from one who merely prints a book. The author is very often at the same time the publisher. Therefore a book is published when it becomes public property. Miscellanies in which various excerpts even of a condemned book are contained are not a new edition of the book.

The reading of a book means the immediate use of the book for understanding the concepts of the writer: whether for this reason you survey the book with the eyes or with the fingers, as the blind do.

Therefore he does not read who hears one reading, for example a professor of apologetics while from a proscribed book he reads before his hearers passages afterward to be refuted; nor he who, to learn the art of reading unknown letters, merely strives, like children, to recognize and pronounce individual letters. Nor does he read the book who reads excerpts in another volume.

To sell books is not the same as to have them for sale. The sale of a book to him who has license to read and retain prohibited books is not prohibited. But no one can have prohibited books for sale unless he has obtained due license from the Apostolic See; nor then may he sell prohibited books to anyone unless he can prudently judge that they are legitimately sought by the buyer. Moreover, books obscene by profession are excluded (c. 1404). According to the rules of cooperation and with attention to the use of places, it will be able to be tolerated that sellers sell under the spear or at public auction another's library which contains prohibited books (yet not books merely obscene).

— Books prohibited by the law itself (c. 1399). By the law itself are prohibited:

1. An edition of the text of Sacred Scripture or of any version made or published by non-Catholics.

2. Books of any writers whatsoever which defend heresy or schism, or tend in any way whatsoever to overthrow the very foundations of religion.

Not everyone who utters heresy defends it, but only he who tries to uphold or defend it by added reasons.

The foundations of religion are those preliminary truths of the natural order for religious worship itself, such as the existence of God, free will, the spirituality of the soul; and truths which are necessary for an adult unbeliever so that he may be led to embrace the faith: the force of miracles for proving, motives of credibility in general, but not at the same time the principal dogmas of the faith itself.

"To overthrow in any way whatsoever" is circumscribed by no definite mode, provided the intention or attempt of overthrowing is shown.

3. "Books which intentionally attack religion or good morals."

Although most understand by the name of religion the Catholic faith, we think that here there is rather question of divine worship as such, which is attacked by atheist or materialistic books or daily papers. Good morals signify that manner of life which agrees with the laws of natural uprightness, especially as regards chastity. Therefore pornographic works are proscribed, and also those which strive to overthrow good morals theoretically, provided they do this intentionally, or with a directly contrary intention, and this in a notable part.

4. "Books of any non-Catholics whatsoever which treat of religion by profession, unless it is clear that nothing against the Catholic faith is contained in them."

Any non-Catholics whatsoever are also the non-baptized. Their books concerning a religious argument are condemned because of presumption, which, however, yields to truth.

5. Unless they bear due approval before them: a) texts, annotations, commentaries, versions of Sacred Scripture; b) books and booklets which recount new apparitions, revelations, visions, prophecies, miracles, or introduce new devotions, even under the pretext that they are private.

By the previous law there were also prohibited, on account of the mere defect of approval, books and booklets of prayers, or those which handed down ascetical or mystical instruction.

6. "Books which attack or deride any of the Catholic dogmas; which uphold errors proscribed by the Apostolic See; which detract from divine worship; which affect ecclesiastical discipline, the hierarchy, or the clerical or religious state with insults" (c. 1399, 6°).

7. "Books which teach or commend superstition of any kind, sorceries, divination, magic, evocation of spirits, and other things of this sort."

Other things of this sort would be arts of having prophetic dreams.

8. "Books which establish dueling or suicide or divorce as licit; which, treating of Masonic sects or other societies of the same kind, contend that they are useful and not pernicious to the Church and civil society."

That societies may be similar to Masonic sects, it is necessary that they be secret and at the same time machinate, openly or secretly, against the Church or the State.

9. "Books which by profession treat, narrate, or teach lascivious or obscene matters."

10. New editions of liturgical books which do not agree with the authentic ones approved by the Holy See.

Editors are not prohibited from repeating certain things in their own place for the sake of greater convenience.

11. "Books by which apocryphal indulgences, or those proscribed or revoked by the Holy See, are spread abroad."

12. Pious images "printed in any way... alien from the sense and decrees of the Church."

— Books proscribed by particular decrees. 1. Of itself, once a denunciation has been received or by its own inquiry, it now belongs to the special Section of the S. C. of the Holy Office to examine and prohibit books and to foster the zeal of Ordinaries in this matter (c. 247, §4). It is not repugnant that per accidens another Congregation proscribe a book concerning a matter of its competence. And there are examples.

2. C. 1397, §1 warns that it pertains under a particular title to Legates of the Holy See, to local Ordinaries, and to Rectors of Catholic Universities - which, moreover, is the office of all the faithful, especially of clerics, of those who occupy a dignity, or excel in doctrine - that, insofar as there is opportunity, even with the causes indicated, they refer books which they judge pernicious to local Ordinaries or to the Holy See. Provision is made for secrecy for them. And Ordinaries are warned that they be solicitous concerning books which are published in their territory.

3. Yet today it belongs to the Holy See alone to make the Index or catalog of prohibited books. Since that catalog contains particular decrees, it has by no means been suppressed by the Code. Wherefore it cannot be admitted what R. P. Prummer affirms, Manuale, iuris eccl., Q. 419, that because of the silence of the Code books listed in the Index are no longer prohibited otherwise than insofar as they fall under one of the just-mentioned classes of prohibited books. Moreover the new Index was published in the year 1922.

4. From the preface of the Index of Leo XIII we know: a) when some book is prohibited, all its editions and translations are prohibited, saving a formal exception; b) later volumes of a work whose first volume is proscribed are to be held as suspect unless there is proof of the author's repentance; c) the clause All works does not strictly condemn the individual works of an author, but only works which treat of religion; but it renders individual works suspect, unless it is clear that the same are condemned by no general rule recited above in n. 900. I.e., directly it is prohibited that all be read, not, however, individual ones.

— Persons exempt from the law.

1. "S. R. E. Cardinals, bishops, even titular, and other Ordinaries, with necessary precautions employed, are not bound by the ecclesiastical prohibition of books" (c. 1401).

2. Those who in any way give work to theological or biblical studies can, as before, use any texts and versions whatsoever of Sacred Scripture, provided Catholic dogmas of faith are not attacked in the prolegomena or annotations and "the same books (sc. texts and versions of Sacred Scripture) have been faithfully and integrally published" (c. 1400).

When there is question of ancient non-Catholic versions, that fidelity seems able to be taken relatively, consisting in this, that the ancient version be published as it was, even if it contains not a few false things.

That faculty seems able to be extended to almost all priests if, observing the prescriptions and recommendations of the law, they continue by private study and readings to cultivate and increase those things which they learned in theological studies. For the faculty is conceded to those who give work "in any way" to studies of this sort.

N.B. The general license of reading classical books, even obscene ones, formerly conceded to those whom the nature of their teaching or office excuses, is now passed over in silence. This omission can be interpreted thus. Where there is no opportunity of seeking particular license (a general one, at least to this day, is conceded only most rarely), if the nature of the office or teaching makes reading of this sort quasi-necessary, the positive law ceases to oblige, either because it creates too great an inconvenience, or because its end then ceases contrariwise. But with the general license suppressed, all become more attentive to the grave cause required for someone to read books obscene by profession, and the liberty which perhaps some, deceived by reason of their office, could abuse is more restricted.

Moreover, by canon 1405 the rule always to be observed in this matter is opportunely recalled to memory: "No one is exempted in any way by a license obtained from anyone whatsoever from the prohibition of natural law of reading books which offer him a proximate spiritual danger."

— Author of the license of reading prohibited books.

Recourse is to be made to the Holy Office, to the Nuncio or Apostolic Delegate, or to the Ordinary.

The Nuncio or Apostolic Delegate can make license simply "with the cautions and under the limitations which will seem necessary or useful in individual cases, and which are in use with the S. C. of the Holy Office" (Faculties, n. 14).

By the name of Ordinary are also designated the Vicar general, the Vicar capitular, and major Superiors of an exempt clerical religion. The Ordinary, a special privilege being set aside, is able to concede the faculty "only for individual books and only in more urgent cases" (c. 1402).

From the present style of the Holy Office, the supplicatory letter of a secular cleric or priest must be recommended by his own local Ordinary, that of a religious by his own Superior, while the recommendation of the confessor suffices for a layperson. Nor is it sufficient to indicate the end for which the license is sought, but the quality which explains the intention, for example of a student, a professor of such a University, is to be added.

The license is like a personal privilege, which must be interpreted broadly and permits use everywhere. Wherefore, when it has been given concerning books, of itself it is valid concerning daily papers; yet an apostolic faculty of itself is not extended to books proscribed by the Ordinary. The motive of the concession, saving an express clause, does not limit use, so that if you read from curiosity, nevertheless you will have violated no positive law. Once license has been obtained, one is obliged by grave precept to guard prohibited books so that they do not come into the hands of others. Saving the rarest exception, the license excludes books obscene by profession.

— Penalties against violators of the law (c. 2318).

1. They incur excommunication latae sententiae reserved in a special manner to the Roman Pontiff who, "after the work has been made public property, are publishers of books of apostates, heretics, and schismatics which defend apostasy, heresy, schism, and likewise those defending the same books or other books prohibited by name through apostolic letters, or knowingly reading or retaining them without due license."

The words printed by us in italics are new; and the word knowingly no longer falls upon "defending," which is a twofold extension of the prior penal law. Apostolic letters are letters immediately proceeding from the Supreme Pontiff. That a prohibition be judged made by name, it is necessary that it be designated at least by its proper title, individual or generic (for example, the catechism of the Carbonari). And from the interpretation of the earlier law, a prohibition made under the penalty of excommunication reserved to the Holy See can be required. The force of the general canon is this: that publishers, etc., of books which had been proscribed by name under simply reserved excommunication are punished by specially reserved excommunication.

2. They incur excommunication latae sententiae reserved to no one, not printers, but only "authors and publishers who, without due license, take care that books of the Sacred Scriptures or their annotations or commentaries be printed."

N.B. From c. 1384, only those things which are prescribed concerning books under title XXIII, part 4, book 3 of the Canonical Code are applied to other publications. Therefore penalties are not applied, especially since this is odious matter. Wherefore this excommunication does not affect writers of a work of smaller size than 10 pages in folio, which is called a booklet, nor of a periodical fascicle, at least a separate one.

— Obligation of conscience. 1. By the very law of nature, the use of a book which creates a grave danger of sin not excused by a proportionate cause is prohibited. And according to the proximity and gravity of the danger, the sin will be light or grave.

2. But it is sufficiently clear that positive laws oblige under sin, though lightness of matter is not excluded.

3. The publication of a prohibited book is regularly grave. For it is notable to spend effort so that a book be spread abroad which the legitimate Superior wills to be suppressed. Yet harmlessness and the minimal moment of the work seem able to be excused from grave sin.

4. Defense of a prohibited book, whether physical or moral through commendation, is grave of itself where there is question of a book whose reading is prohibited under grave obligation.

5. As regards reading, this is the general principle of estimation. Matter which of itself, or for most, would be grave according to the natural law on account of proximate danger is to be reputed simply, or for all, grave in violating positive law, even if per accidens, in a particular case, there would be greater or lesser danger.

This, departing from excessively severe opinions, we think we can further illustrate by certain applications:

a) any book which is prohibited is presumed to be prohibited under grave obligation. Yet if the reason for the prohibition shows the book to be gravely dangerous to no one, suppose a book innocent in itself, narrating miracles but lacking approval, we judge the sin of one reading such a book venial. Yet we would not wish to transfer this to the publication of sacred books, concerning which the Church demonstrates greater solicitude.

b) nor is the reading of a book prohibited under grave obligation grave unless a notable part is read, whether by extension or by the things contained.

If they are works which bring a special danger to faith or morals, because they are packed with insidious arguments or lascivious descriptions, we already judge it grave to read a few (5-6) pages of an unknown nature.

And any passage, even much shorter, will already be notable if it is gravely dangerous in itself, whether because of its obscenity or because of the sophistic reasons which it contains.

Other works become gravely dangerous only from prolonged commerce. Thus many books which are prohibited because of their tendencies. If you read less than a twelfth or tenth part of such a book, or, if the work is very large, you do not complete 10 pages in folio, we think grave matter is not attained.

If it is clear that from a large part of a book the intrinsic reason of grave danger is absent and that the force of enticing the mind to read the rest is not notable, such a part seems to us able to be read without grave guilt. By separating physically or morally the part of the book which alone is the cause of the prohibition, the rest no longer seems to be touched by the prohibition.

As regards daily papers: a) it is grave habitually and morally to read bad daily papers as a whole, even if you omit the place especially repugnant to religion or morals; b) sometimes it will be grave to read one article peculiarly repugnant to religion and especially to morals; c) or to read with grave scandal of others, with attention to the quality and authority of the reader. But by reason of matter, it will be venial from time to time to read in them those things which do not attack religion except incidentally, or while omitting places especially dangerous, or without foreseen danger to run through one or another "number"; to read more often, indeed habitually, those things which it is clear are plainly harmless, for example business news: scandal always being excluded. Indeed, for a just cause, in singular cases all fault can be absent.

But although not so many newspapers have been proscribed either by particular decree or habitually fall under a general decree, he who seeks almost daily food from a newspaper less well affected toward the Church, little by little, as experience bears witness, suffers not a little detriment in his religion and faith: which we cannot prepare for ourselves without grave guilt.

The confessor will prudently try to obtain what he can in this matter, especially by attending to the danger of ruin.

6. Retention is prohibited under grave obligation if it is connected with danger of reading. It does not seem able to be prolonged beyond a month without grave guilt, unless on account of a plainly different use to which it is deputed, for example a sheet, every danger of reading being absent.

N.B. The celebrated protestations of Urban VIII in reporting miracles, etc., no longer seem prescribed by positive law. To librarians there is conceded the faculty of lending prohibited books.

On this grave matter cf. our On the Prohibition and Censorship of Books, 4th ed., Rome, 1906.

— 1. The Holy See and a general Council prohibit books for the universal Church;

2. Particular Councils and local Ordinaries, for their own subjects;

3. The Abbot of a monastery of its own right and the Supreme Moderator of an exempt clerical religion, with his chapter or council, for their own subjects; indeed, if there is danger in delay, the major Superior with his council. Appeal to the Holy See is conceded only in devolutive effect.

There are books prohibited by the law itself or by general rules, which c. 1399 enumerates. Others are prohibited by particular decrees. Once denunciation has been received, or from its own inquiry, the Holy Office or the local Ordinary, whose zeal is excited, prohibits books.

Prohibition forbids of itself publication, reading, retention, translation, sale, private or public, to one not having the faculty, or communication with others. The clause all works strictly prohibits only works treating of religion; but it renders the rest suspect until it is clear that they are forbidden by no general decree.

Exempt persons. Cardinals of the Holy Roman Church; bishops, even titular, and other Ordinaries are not bound by ecclesiastical prohibition. To those who in any way give work to theological or biblical studies are permitted any texts and versions whatsoever of Sacred Scripture, faithfully and integrally published, provided that in the prolegomena or annotations Catholic dogmas of Faith are not attacked.

Licenses in this matter are conceded by the Holy Office. Ordinaries, saving a broader indult or privilege, can concede the faculty "only for individual books and in only more urgent cases."

Apostolic Legates are furnished with a greater faculty.

4. Canonical penalties punish with excommunication latae sententiae specially reserved to the Holy See, after the work has been made public property, publishers of books of apostates, heretics, and schismatics which defend apostasy, heresy, or schism, and likewise those defending the same books or other books prohibited by name through apostolic letters, or knowingly reading or retaining them without due license.

They incur excommunication latae sententiae reserved to no one who are authors and publishers who, without due license, take care that books of Sacred Scripture or its annotations or commentaries be printed.

In these penalties, books are understood to be works which are not of smaller size than ten pages in folio, nor are separate periodical fascicles comprehended.

5. Obligation of conscience. By natural law the gravity of guilt is to be estimated from the proximity and gravity of the danger. By positive law: a) publication is regularly prohibited under grave obligation; b) defense, whether physical or moral, by commendation of a book whose reading is prohibited under grave obligation, will also be grave; c) reading will be grave if matter is read which of itself, or for most, generates grave danger by reason of extension or the things contained, which are especially dangerous. Retention which is connected with danger of reading is prohibited under grave obligation; and when protracted beyond a month it is of itself thought grave. If the reason why a book is prohibited is extrinsic to danger, neither reading nor retention seems always to be prohibited under grave obligation.