I. On Books Which Contain a Certain Kind of Detractions

Prior law

74. 1. The first part renews the disposition of the prior law, by which, in the General Decrees, § 2, n. 13, all writings of this sort were punished. Cf. Arndt, p. 148, n. 119.

Whether it is required that it be done of set purpose

2. Because words are to be taken properly, and the Legislator is accustomed to express the clause of set purpose wherever he requires it; indeed because in this same article, in the third part, he inserts the expression by designed effort, we cannot agree with the distinguished Pennacchi, who thinks that clause is to be understood here. With us are Génicot,¹ Card. Gennari,² Moureau.³

Yet practically we do not differ much. For, arguing from the inscription of this fifth chapter, "On Certain Books of Special Subject Matter," we think it necessary that the book be injurious to God, etc., sufficiently notably, although not yet of set purpose, so that it can be said to be of this special subject matter.⁴ Otherwise, moreover, contrary to the mind of this Constitution, this condemnation would extend itself to too many books. Finally, as Génicot, cited place, observes, scarcely will those books be apt gravely to wound or diminish the just esteem of God, etc., unless they are books in which the detraction is developed to some extent. But that grave wounding seems altogether necessary. Therefore it is necessary either that the detraction "be made in a notable manner,"⁵ or that from those detractions the work itself be morally reputed impious. Desjardins elegantly translates: "impious works, which attack God," etc.⁶

Wherefore a work in which detraction against the Blessed Virgin Mary is continued through two or three pages, even if in other parts honorable, we judge to be prohibited by this article.

What it is to disparage? Formal detraction is required

3. Furthermore, to disparage is to take away, diminish, the fame or esteem of someone by words. In French you would say: vilipender, dénigrer, discréditer. Thus detraction differs from heresy, by which a dogma is not derided but denied. But detraction is to be taken as formal, flowing from a depraved intention, not merely material or beyond intention.

Examples

4. God, the Blessed Virgin Mary, the saints, the Catholic Church, and her worship or sacraments. Pennacchi, cited place, and C. Gennari⁷ report many examples of detractions of this sort, and well selected ones. Yet we do not, with Pennacchi, take the worship of the Church concerning the honor due to the Church, which would make that clause plainly useless, but concerning the divine worship which is exercised through liturgical actions. Thus the obvious sense has it, thus also the structure of the words which joins worship with sacraments: "and her worship or sacraments"; and with us say Desjardins, cited place, Son Culte; Gennari, cited place, Il sacro Culto; Hollweck, Ihr Cult; Planchard.⁸

What worship is

5. Apostolic See. This is not the person of some Pontiff as such. Yet if, from the intention of attacking the Holy See, reproachful narrations against various Supreme Pontiffs are heaped together, the present clause will obtain.

¹ Cited work, I, 452.

² On this place, p. 43.

³ Rev. des Sciences Eccl., t. 6, pp. 100, 101.

⁴ C. Gennari, cited place, sins here by excessive severity: "in whatever measure it is done (provided it is in grave matter)"; and Moureau, cited place: "it suffices that it be [injurious] in fact in some place."

⁵ Wernz, n. 111.

⁶ Études, t. 71, p. 208.

⁷ "He disparages God who blasphemes God or denies His goodness, justice, omnipotence, or any other attribute. He disparages the Blessed Virgin Mary who denies her virginity, divine maternity, sanctity, mercy, or in another way calumniates her excellence. He disparages the Saints who holds them as vicious or useless men, who are unworthy of honors, or who contemns their virtues and supernatural gifts. He disparages the Catholic Church who attacks some note or endowment of hers, or her divine origin, or equates her with other human institutes. He disparages sacred worship who exposes Catholic rites, as divine honors, to mockery, or detracts from their necessity and reasonable fittingness; he disparages the Sacraments who denies that they are necessary or useful, makes them ridiculous, or holds suspect the intentions of the Church administering them (that seems to us rather to be referred to detraction of the Church). He disparages the Apostolic See who contemns its supreme authority, divine institution, sublime and infallible magisterium." Thus nearly C. Gennari, on this place.

⁸ Desjardins, cited work, p. 34; Planchard, Rev. Th. Fr., n. 41.