Article 46

All booksellers whatsoever, especially those who glory in the Catholic name, should neither sell, nor lend, nor retain books treating expressly of obscene matters; they should not have the rest of the prohibited books for sale unless they have obtained permission from the Sacred Congregation of the Index through the Ordinary, nor should they sell them to anyone unless they can prudently judge that they are legitimately sought by the buyer.

Distinctions to be made

124. 1. By this article those who glory in the Catholic name are distinguished from the common class of sellers; and books treating expressly of obscene matters are distinguished from the common prohibition of books. Account must be taken of these distinctions in the commentaries.

Who booksellers are

2. All booksellers whatsoever. Therefore the general precept is directed to all, however many, who are accustomed to sell books, whether in their own shops, or in rented stalls, or by walking through streets and squares, or by holding auctions. For all these are booksellers.

What it is to glory in the Catholic name

3. Especially those who glory in the Catholic name. Such are not those who in their private life adhere to the Catholic faith, but those who openly display themselves as being Catholics, and most of all those who adorn shops with the Catholic name: librairie catholique.

Reason of the special precept

Why a peculiar precept is directed to them, the chief cause does not seem to be that they are hoped to be more teachable, but because by a special danger of scandal they are prohibited more than the rest from violating these precepts.

Concerning obscene books

4. They are simply prohibited from selling, giving on loan, retaining books treating expressly of obscene matters.

What sort these books are, cf. above, n. 72.

What if the works are classics

What if they have been classics? They indeed will not be able in themselves to retain these, unless, from article 10, they are excused by reason of office or teaching. Nevertheless they will be able prudently to procure those works for those to whom it is permitted to read them.

Concerning other prohibited books

5. In order that they may have the rest of the prohibited books for sale, they need permission, which is to be obtained from the Sacred Congregation of the Index through the Ordinary.

What is it to have books for sale?

But they have books for sale both who equip their shops with them for the sake of selling, and who propose books, bought from all sides in their own name, to be bought either at a price defined in a catalogue (livres d'occasion) or sell them at public auction (vente publique) through auctioneers.

Therefore they need seek no peculiar license in order accidentally, or from a special mandate, to buy the same works when they are about to sell them.

To whom they can sell

6. But whether they have their shops habitually equipped with these works, or whether they execute a special mandate, they cannot sell prohibited works here and there, with no selection of persons made, but only to those whom they can prudently judge legitimately to be seeking them.

Therefore they must not specially ask buyers concerning a license; but it suffices that, their quality having been considered, it appear probable that they legitimately seek them. For a broader obligation would impose too disagreeable a burden on booksellers. Moreover, a proportionate cause will also be able to excuse them if they sell a work to others, especially to those to whom the faculty of reading would not be denied by the Holy See.

Concerning an auction held in another's name

But can they hold an auction in another's name, of which prohibited books are a part, for example, pertaining to the library of a deceased person? Heymans¹ now seems to indulge this. Except, unless we are mistaken, those obscene books which are not commended by elegance of speech, so that morally they have no lawful use. Then at least a graver cause will be required in order that you cooperate in this sale. But concerning an official who from office presides over an auction, the Sacred Congregation de Propaganda Fide responded, June 26, 1820, that he is not bound to investigate whether among the goods ... there are found books of heretics or others containing obscene matters. "But if by chance he has known this, and can impede bad books from coming to bidders who will abuse them, let him indeed do this, etc." Cf. Collectanea Prop. Fidei, n. 1874.

The rest are governed by natural law

6. Besides this precept, which obliges booksellers and regards the sale of all prohibited books, and, however, the lending of obscene ones, acts of selling or giving on loan are governed by natural law alone, whose force we weighed above, n. 47, 59, 60.

¹ Cited work, n. 356.