Chapter V: The Universal Force of These Laws

Twofold aspect of the question

23. The question concerning the universal force of these laws has a twofold aspect:

Do these laws bind all persons, or are there some who, for example, on account of their dignity or knowledge, are exempt from them?

Do these laws bind in every place?

Reserving the first aspect for the commentaries on the articles (cf. art. 23), here we deal only with the second.

Of themselves they bind everywhere among nations

Proceed then: understood in this way, the universal force of these sanctions (apart perhaps from certain mitigations introduced by a particular and reasonable custom)¹ can no longer be doubted; and the controversy, if any remained, has been completely removed by this Constitution. For thus it states in the preface: "and let Catholic men throughout the whole world obey these [General Decrees] religiously"; and article 45: "Books condemned by the Apostolic See are to be held prohibited everywhere among nations." Thus the common opinion now holds, and it was confirmed by the Sacred Congregation of the Index when, on May 19-23, 1898, it responded affirmatively to the question "whether the said Constitution has obligatory force even for regions of the British language, which some think enjoy a tacit dispensation."

Nevertheless, Pennacchi writes² "that men of those nations are not to be disturbed who still wish to defend a custom introduced among themselves concerning exemption from the laws of the Index." A subjective excuse of good faith can indeed found a prudent dissimulation;³ yet this does not take away the actual efficacy of binding all, which the present law possesses of itself. Therefore, in order that very many may be freed from necessary solicitude, and the Bishops themselves may be immune from the obligation by which they are bound to promulgate new pontifical laws throughout their dioceses and bring them into use, we do not see another safe way available, except that which the distinguished Pennacchi² calls most advisable: namely, recourse to the Holy See.

¹ Cf. Aichner, ed. 1890, p. 146.

² Op. cit., n. 33.

³ Compare the Instruction of the Holy Office of February 1, 1871, concerning the admonition to be given to those who had incurred the censures of the Constitution Apostolicae Sedis. It is in the Collectanea Prop. Fidei, n. 1003, and is recited by Planchard, loc. cit., n. 10.

What now in England

24. The Bishops of England entered upon this way, and obtained ample faculties from the Holy See. Relying on these, His Eminence Archbishop Vaughan, in the 36th Synod of Westminster (1897), declared that each priest had the power prudently to permit the reading of prohibited books, saving, as is clear, the natural law.¹

At the same time, however, in order that they might act more gently and prudently, in the periodical The Tablet, December 18, 1897, they took care that by an article which bore the character of a communication not merely private but "official," the faithful should be admonished that nothing had been substantially changed in the discipline of England.² Then, by other encyclical letters, December 29, 1900, they commend the ecclesiastical laws concerning books and exhort the faithful to their diligent observance.³

**Sacred Congregation of Propaganda Fide**

Rome, May 31, 1897.

Most Eminent and Most Reverend, my most honored Lord,

Since the Apostolic Letters issued by the Supreme Pontiff **Leo XIII** on January 25 of the preceding month concerning the prohibition of evil books have given certain Prelates in England occasion to set forth grave difficulties which, on account of the peculiar circumstances of that region, stand in the way of Catholic men there being kept away from reading books of heretics; hence it has seemed opportune to this Sacred Congregation of Propaganda Fide to equip the sacred Prelates in England with due faculties, so that the rigor of the law may be tempered, according to the opportunity of the matter, by prudent counsel.

Therefore by the present letters, by the authority of the Apostolic See, a faculty is granted to Your Eminence, for as long as your episcopal office endures, of granting to the faithful of Christ of your Diocese who request it permission to read and retain, though under custody, prohibited books, even those treating against religion, except those which expressly deal with obscene matters. Your Eminence is to use this most ample faculty according to your prudence, when you shall judge it expedient in the Lord.

Meanwhile I most humbly kiss your hands.

Of Your Eminence,

the most humble and devoted servant,

**M. Cardinal Ledochowski**, Prefect.

**A.**, Archbishop of Larissa, Secretary.

To Lord Cardinal **Herbert Vaughan**, Archbishop of Westminster.

Then, by rescript of June 7, 1897, the clause "though under custody," which, as the Bishops thought, could create difficulties, was suppressed; that is, its use was committed to the prudent judgment of the Bishops.

He used these words: "Respecting the Apostolic Constitution on the Prohibition and Censorship of Books, by virtue of faculties granted by the Holy See, the Clergy are hereby allowed to give permission to all who apply to them to use their discretion as to the books they may read and retain; the natural law of course remaining in full force, which forbids people to expose themselves to suffer in their faith or morals by reading works that are likely to injure them in this way."

¹ The indult is of this kind:

² "In January last, the Holy See published a Constitution which in a considerable measure modified and simplified the provisions of the Index. Such a Constitution was naturally issued to the Church at large, and when it appeared in the Catholic press of this country, it necessarily, as we might expect, elicited from both clergy and laity the question whether this new constitution was or was not intended to supplant the status quo which had hitherto existed amongst us. The Cardinal Archbishop and Bishops of England addressed an inquiry to Rome upon the subject, and at once received from the Propaganda the 'most ample' faculties for dispensation, so that owing to 'the special circumstances of the country,' they should be fully empowered 'to modify the rigour of the law by their prudence and counsel according as the case might demand.' Rome's reply was thus as ready and as liberal as we could well desire. It contained an official recognition of our special circumstances to which we have referred, and it responded to it by investing the local ecclesiastical authorities with the fullest faculties to meet every need of our position. The possession of such faculties practically leaves the status quo substantially untouched, while the Constitution itself has the additional benefit of modifying the law for the universal Church."

³ A joint pastoral letter on the Church and liberal Catholicism by the Cardinal Archbishop and the Bishops of the Province of Westminster (December 29, 1900). The summary of that letter is in Civiltà Cattolica, series XVIII, vol. I, 1901, p. 156, the place which interests us.