Section — Vermeersch, On Forbidden Books
II. On Any Writings Whatever
Comparison with the former law
118. 1. While in that former part the decree of Pius IX, June 2, 1848, for the Roman dominion1 was reported almost to the letter, the other part has been so furnished that, once it has been made proper to the new law, helps for right interpretation can be taken from the changes themselves introduced into the decree of Pius IX.
Universality of the law
2. All writings. Here, therefore, all things which come forth into the light are comprehended, whatever their form or bulk may be. Therefore periodic pamphlets, pamphlets of smaller form, and even a single sheet.
In what things it is specially concerned
3. In which it is specially concerned. Therefore while books need previous censure as soon as they handle a religious or moral discipline, writings need it only then if, for example from the circumstances, their subject matter is of peculiar importance for religion or morals, on account of which previous recognition is deservedly to be demanded by the Church. Thus, while the Vatican Council was being held, religion was specially concerned by a writing concerning the infallibility of the Vicar of Jesus Christ to be proclaimed; thus religion and morals were concerned by the article which we mentioned above from Tablet; thus in Italy by a writing treating of vindicating the temporal dominion of the Holy See, of the opportuneness for Catholics of casting a vote in political elections; so also, when some controversy is burning concerning the faculty of furnishing an oath to some law, a writing on that matter would easily be touched by this clause.2
Thus it will happen that periodic pamphlets even of smaller bulk, those pastoral periodicals which look to the Christian instruction of the people, such as those which in French are called Semaines religieuses, seem subject to this law.3
Indeed, not even newspapers in themselves escape this law, insofar as they publish those things "in which religion or morals are specially concerned." But in order that the execution of the law may be easier and more humane, Catholic newspapers are accustomed to settle the matter amicably with the Bishop, so that he, for example, approves one of the editors as censor, etc.4
What in doubt?
4. In doubt whether it is specially concerned, necessity is not to be imposed; but if the Bishop prescribes anything, one must stand by his judgment.
1 It sounds thus: "In accordance with these things, therefore, we establish and permit that, from every kind of periodicals and books, only those cannot be published without previous ecclesiastical censure which are of a moral or religious subject matter, as we have said; but in the rest, only those articles which have a similar subject matter, so that they touch closely either the very cause of religion or the honesty of morals."
2 In French we would translate thus: Et tous ecrits qui offrent un interet tout special pour la Religion ou la morale. Interpreters seem to have understood the intention of this paragraph before in a plainly different way, and not to have perceived the force of the word specialiter. Thus Pennacchi, cited work, n. 78. In proposing that sentence, we relied on the authority of Lehmkuhl, who then expressed it in his Moral Theology. With us now are Wernz, n. 121, note 109, and also C. Gennari, cited work, p. 109, note.
3 Cf. Wernz, cited place, note 109.
4 It would be entirely alien from our usage to submit to previous censure Catholic newspapers which wish to defend the Catholic religion or morals. In certain places, nevertheless, the previous faculty of the Ordinary is required for them to be published. Arndt, on the contrary, n. 207, p. 293, already under the former law, was content if the edition of an ecclesiastical or religious newspaper were approved previously once. Bishops can impose this law on the publication of any Catholic sheet. Cf. Council of Baltimore, II, chapter 4, cited by Arndt, cited place.