I. On the Former Part

An apostolic faculty does not permit books prohibited by Bishops

98. 1. The Holy See does not lack the power of permitting someone books prohibited by Ordinaries, but the intention or will is lacking unless the indult gives express permission of reading and retaining books condemned by whomsoever. This clause is contained in no general formula. Therefore the Holy See is accustomed to act here in the same way as when it gives a faculty in reserved cases. Cases which the Bishop has reserved to himself have not customarily been contained by an apostolic faculty.

By their ordinary power

But this holds concerning episcopal proscription as it is a diocesan decree, not however as it is borne from delegated power. For the Holy See itself is judged to act through its delegate. Hence books proscribed by a delegate as such are judged condemned by apostolic authority. Wherefore the faculty of reading books disapproved by the Holy See must consequently comprehend these.

Corollary

Therefore exempt persons, for example regulars, if you contend that they are held by the prohibitions of bishops insofar as delegated faculty has been conceded to these,¹ will be able, once an apostolic indult has been obtained, actually to read works proscribed by Bishops.

One who can read a book can in itself retain it

2. The faculty of reading books seems in itself to comprise the faculty of preserving the same, yet circumscribed by the same limits. Wherefore, if the reading has been conceded only for a passing act, or if the one has permitted it who enjoys power only for an urgent case, a distinct faculty must be sought for habitual preservation, all the more because sufficient time is at hand to obtain it.

One who can read books can also read periodicals

2. The faculty of reading prohibited books comprises the faculty of reading periodicals. For attention is turned less severely to periodicals than to books.² It is confirmed indirectly from our article 26. For while it denies that one who has the apostolic faculty of reading books can read books or periodicals proscribed by Ordinaries of places, it indirectly says that periodicals condemned by the Apostolic See can in themselves be read by him.

But, on the contrary, the faculty of reading periodicals cannot be understood concerning books.

Clauses: excepting books against Religion

3. The clause, excepting books of set purpose against Religion, seems able to be understood concerning books which with direct intention have been written against every religion.³

Of this sort are those which of set purpose try to demonstrate that every religion is harmful or false; or which of set purpose blaspheme God and every worship; but not those which reject positive religion in order to preach natural religion.

Or which overturn the foundations of religion

4. The exception of books which in any way overturn the foundations of religion excepts books which defend materialism, atheism, positivism.

What of the clause: "for the effect of attacking."

5. The concession is sometimes clothed with this clause: "for the effect of attacking them (bad writers)." All admit that this clause is to be interpreted benignly and without scruple.⁴ Indeed, according to a very probable opinion, those words indicate the reason why the exception has been made, not a condition to which the use of the conceded faculty is tied:⁵ so that it is justified by any right end whatever. This is confirmed from the fact that at the same time the Superior judged that the danger of perversion was not imminent for the dispensed person. St. Alphonsus.⁶ Thus Zitelli,⁷ Planchard,⁸ Génicot.⁹ This will hold much more if there is added: and as an aid to one's own office and honorable studies.

Use outside the diocese

6. Unless the use is clearly more circumscribed, you can use everywhere the faculty of reading books condemned by the Holy See, whether the Holy See itself directly, or the Bishop from delegated power, has made this permission for you. For here holds the rule concerning dispensation, according to which dispensation from commission and dispensation from ordinary power are in themselves contained by the same limits. Schmalzgrueber, on book 5, title 33, n. 111. With us is Sleutjes, De prohibitione, etc., p. 31.

Moreover, the clause: in such a way that books are not taken out of this diocese, does not seem in itself to have the force of prohibiting use outside the diocese, since it rather looks to this, that books not be introduced into another diocese in a stable manner, although he who is endowed with the faculty can read also there books occurring there or brought with him there.¹⁰

¹ Cf. above, part I, n. 64.

² Cf. Arndt, cited work, p. 223, n. 166; Pennacchi, cited work, n. 64; Ciolli, cited work, n. 55.

³ Cf. above, n. 92.

⁴ Cf. Heymans, cited work, n. 345.

⁵ A condition sine qua non is customarily indicated more clearly: otherwise not; not otherwise; otherwise the whole will be void. Zitelli, Apparatus, p. 541, note.

⁶ Book 7, n. 291.

⁷ Apparatus, p. 541, note.

⁸ Rev. Th. Fr., 1897, pp. 31, 32.

⁹ Cited work, I, 457.

¹⁰ For reading, in another diocese, books prohibited by the Bishop of that diocese, the faculty of another Bishop cannot benefit those who are bound by this episcopal law, such as those would be who acquired at least a quasi-domicile in another diocese. Against Heymans, cited work, n. 343, and De Brabandere, cited work, n. 136.