Article 24

For granting licenses of reading and retaining any prohibited books whatever, the Roman Pontiffs have set over the Sacred Congregation of the Index. Nevertheless, the Supreme Congregation of the Holy Office enjoys the same power, and also the Sacred Congregation de Propaganda Fide for regions subject to its rule. For the City only, this faculty also belongs to the Master of the Sacred Apostolic Palace.

How widely the faculty of the Sacred Congregations of the Index and of the Holy Office extends

95 bis. 1. a) The Sacred Congregations of the Index and of the Holy Office possess the power, circumscribed by no place, of granting permission for the reading of prohibited books.

Sacred Congregation de Propaganda Fide

b) That which the Sacred Congregation de Propaganda Fide has is circumscribed to regions subject to its rule. Yet observe that there are certain other regions, for example Belgium, whose bishops have customarily obtained habitual faculties from the Sacred Congregation de Propaganda Fide.

Master of the Sacred Palace

c) Finally, the power of the Master of the Sacred Palace¹ is conceded to him for the City.

Use of the faculty outside the territory of the one granting

2. Come now: those territorial restrictions regard the faculty itself of granting, but not the use of the faculty granted. For the faculty falls into a personal privilege, which it is lawful to use everywhere, and for the time for which it is legitimately granted.²

Wherefore, unless an express restriction has been made, both the Dutchman to whom the Sacred Congregation de Propaganda Fide and the inhabitant of the City to whom the Master of the Sacred Palace have permitted readings of prohibited books can read the books in any places whatever.³

Indeed C. Gennari and Ciolli, on this article, teach that the faculty perseveres in itself even in him who has changed domicile.

¹ This is the name of one of the more outstanding Prelates of the City, who is present with the Cardinal Prefect of the Index in council and exercises the office of censor in the City. He is always chosen in the Dominican family, and now has the name Reverend Father F. Albert Lepidi.

² Cf. Suarez, De Legibus, book 8, chapter 26, nn. 12 and 15; Schmalzgrueber, on book 5, title 33, n. 113.

³ Albitius, De inconstantia in fide, chapter 30, defends the contrary opinion, but his arguments seem either never to have force, or at most under an antiquated regime. And he undeservedly appeals to Suarez, De Legibus, book 8, chapter 86, n. 8, where the eminent Doctor merely holds that a faculty for reading books in another region prohibited by particular law cannot be made by the senate of one region.