Section — Vermeersch, On Forbidden Books

I. On Books

119.

The obligation is imposed

119. 1. Contrary to what several1 have thought, whom in the earlier editions we followed, the propriety of the words seems to demand that we take the sanction as concerning a true precept, to which the reason is added.

3. But the object of the precept is that clerics consult their Ordinary, not that they report a positive approval.2 But occasion is given to the Bishop for seeing whether perhaps there is a just reason on account of which, by interposing a "Veto," he may impede that publication.3

Clerics of a non-exempt religious Congregation belong in themselves to the secular clergy. Therefore the Bishop will be able to require that, before they hand over books to type to be published, they approach him to consult. Yet for the most part, unless we are mistaken, he will tacitly permit them, as to the said matter just as to others, to be in the hand of their Superiors.

1 Desjardins, Etudes, t. 71, p. 369; Genicot, Theol. mor., I, n. 460. They themselves nevertheless think that the Bishop, relying on this article, can command that they not undertake these things without consulting him. Cf. Hollweck, Das Kirchl. Bucherverbot, p. 45, note.

2 Thus also Wernz, n. 121, note 110.

3 And in this manner we understand the things which are contained in the Instruction concerning Christian popular action, January 17, 1902, and the Motu proprio concerning Christian Democracy, 1903, where our article seems to be taken as if it requires previous license. But, as can be demonstrated by more than one example, earlier acts are not accurately referred to the new diploma to the very nail. Therefore one must not argue too much from that manner of speaking, contrary to what R. P. Van Ruymbeke does, Nouv. Rev. Theol., t. 36 (1904), p. 104.