Article 36

Regulars, besides the license of the Bishop, should remember that by the decree of the sacred Council of Trent they are bound to obtain from the Prelate to whom they are subject the faculty of publishing the work into the light. But each concession is to be printed at the beginning or at the end of the work.

It confirms the disposition of Clement

113. 1. That clause reports, almost to the letter, the words of the Instruction of Clement VIII added to the Rules of the Index. From this:

Equally with the rest they are subject to the censure of the Ordinary

a) The doctrine, already certain before, is confirmed, according to which exempt Regulars are subject to the censure of the Ordinary of the place equally with the rest. Equally, I say, not more.¹ Therefore, only for books which from common law are subject to censure.

How far, besides, the faculty of the proper Prelate is required

b) There is also commemorated the decree of Trent, session 4, concerning the edition and use of sacred books, by which they are further bound to obtain the faculty of their proper Prelate. But because, in that decree, speech is only concerning books of Sacred Scripture, annotations, and commentaries, the pontifical law concerning the faculty of the proper Prelate to be sought seems to be circumscribed to the same things. Cf. Desjardins, Etudes, t. 71, p. 365.² But as to other works, they will stand by their proper Constitutions.

Which Regulars?

2. Regulars are to be understood as those strictly such.³ Those who are called such more broadly will much less escape the censure of the Ordinary. For the rest they will observe their proper Rules.

Each concession to be printed

3. Each concession is to be printed at the beginning or end of the work in that manner in which the sole concession of the Bishop is to be appended to the books of others. Cf. below, n. 116.

¹ Wernz, n. 121, note 103, also holds the same, against certain persons who, relying on I know not what reason, already wish all books of Regulars to bear testimony of a double approval.

² Most think that by the Instruction of Clement VIII that prescription was extended to every book. Thus C. Gennari (cited work, in this place), Genicot (cited work, 460), and Pennacchi (n. 73). But in the same words by which our article does, that Instruction appeals to the decree of the Council of Trent. Therefore we do not perceive the force of the inference made. Nevertheless Boudinhon also admits this in this article, and Wernz, note 103. For the rest the matter is of the smallest importance, since at least from their proper Constitutions the books of Regulars must be approved by their Superiors.

³ They are, however, the solemnly professed, and, from the Constitution of Gregory XIII, Ascendente Domino, also the simply professed of the Society of Jesus. Concerning the simply professed of other Orders this is doubted. Cf. Bizzarri, Collectanea, 1st ed., p. 801, note.