II. On Delegated Power

Faculties delegated by the Holy See

97. Greater faculties are sometimes delegated by the Apostolic See to the same Prelates, by which they are permitted to concede to their subjects a general faculty of reading and retaining prohibited books.

Concerning the right interpretation of those faculties, these things occur to be observed.

Interpretation

a) These faculties are to be interpreted broadly.

Communication with successor and by delegation

b) From the new discipline introduced through the Decree of November 24, 1897, these faculties, which are conceded for a certain space of years, if they are handed to Bishops, also pertain to Vicars General; if they are given to Ordinaries of places, or to Superior Generals of Regular Orders, they pass (in the state in which they were) to their successors, substituted in their place by stable or passing title; and, from the decree of December 14, 1898, they are in themselves delegable.¹

Use in favor of themselves

c) Bishops can concede the faculty to themselves by force of the obtained Indult, since the act pertains to voluntary jurisdiction.²

And of Regulars

c) Bishops seem able to use those faculties which they have obtained in favor of Regulars, lest the favor of exemption yield to their detriment.³

Limits of a temporal faculty

d) Unless the formula restricts the power, the Bishop can make the permission perpetual. But if he cannot give perpetual permission, he does not seem to exceed his power if he gives the faculty until revocation. For this is numbered among temporal faculties.

What if the indult is temporary

But by no means must he circumscribe the faculties which he concedes by the same time by which he himself has the faculty of conceding. For it is well conceived that for a quinquennium a faculty is given to someone of giving even perpetual licenses; and there is no reason why you should restrict to the time of the indult the time of the faculty granted by force of the indult. Otherwise, a Bishop who obtained a quinquennial indult four years earlier could now make a faculty only for one year; and he whose indult would expire after a month could permit reading only for a month. Doctors adhere to our interpretation and the style of the Sacred Congregation of the Index accords with it.⁴

Yet this must be understood in itself. For in the Indult the time can be expressly defined beyond which permission cannot be conceded; and the present mind of the Sacred Congregation de Propaganda Fide⁵ seems to understand indults conceded by it in that manner which in itself we reject.

e) The modes and limits which are prescribed in the indult must be well observed.⁶

And so, in the use of the Indult the apostolic authority by force of which the faculty is conceded must be recalled.

The faculty must be conceded altogether gratis.

The power is not accustomed to extend to all books to be conceded, but certain ones designated by name, or certain classes of books, are excepted.⁷ For example, delegation is never given for permitting books obscene of set purpose.

Often, especially for books against Religion, Bishops can concede the faculty only to those persons who are furnished with a certain quality.

While it is always required that Bishops concede this permission only with selection, or with prudent discretion of persons and circumstances, and from a just and reasonable cause (article 25), the cause itself is sometimes indicated taxatively: "for the effect of attacking them (heretics)." Cf. n. 98, 5.

The form of the Indult which the Sacred Congregation of the Index grants to Bishops is this:

Most ample and Reverend Lord,

Our Most Holy Lord Pius Pope X, kindly receiving the suppliant prayers by which Your Amplitude asked the faculty of permitting to the Christian faithful committed to your pastoral care the reading of books prohibited by the Apostolic See, committed to this Sacred Congregation of the Index that it should impart to You, concerning whose religion, doctrine, and piety he has very great confidence, the aforesaid faculty, namely of conceding to the faithful of Your diocese, from a just and reasonable cause, license of reading and retaining prohibited books, with certain laws and conditions nevertheless preserved, until ...

Wherefore you can concede:

1°. To upright and learned men only, license of reading and retaining any books whatever (and periodicals) prohibited by the Apostolic See, excepting those which defend heresy or schism, or overturn the very foundations of religion; whose reading you can permit only to those whom you know to be more outstanding in doctrine, piety, and zeal for the faith; but you shall permit to no one the reading of books treating obscene things of set purpose.

2°. To youths who in public schools, gymnasia, lyceums, academies apply themselves to studies, you can similarly concede license of reading and retaining, for as long as they are placed in that necessity, books proscribed by the same Apostolic See which by command of lay power they are compelled to have at hand.

But the aforesaid licenses are to be conceded gratis under any title whatever, and without any emolument to be received by Your episcopal curia, under penalty of nullity; and in each letter of concession express mention must be made of the Apostolic faculty.

In faith of which, etc.

Given at Rome, from the Secretariat of the Sacred Congregation of the Index, on the ... day of the month ... in the year ...

To the Most Ample and Reverend Lord

Lord ...

¹ Some have been deceived by the prior law, for example Hilgers, p. 31, note 2, who deny that these faculties can be delegated.

² Sleutjes, De prohibitione, p. 32.

³ Vermeersch, De Religiosis, I, n. 382.

⁴ Zitelli, Apparatus iuris eccl., p. 541, note; Arndt, cited work, p. 252; Wernz, cited work, n. 111, note 79; Hilgers, cited work, p. 31, note 2.

⁵ The clause in the diocese is taken by the same Sacred Congregation in such a way that, when the faculty is made, the Bishop conceding it and the subject to whom he concedes it must both be present in the diocese.

⁶ The Sacred Congregation of Propaganda Fide has a longer Instruction, which we have copied in the fourth part of this work.

⁷ At least expressly. For in n. 2° of the formula just recited no books are excluded.