Chapter I. On the Prohibition Itself

I. Power of prohibiting. The right and duty of prohibiting books for a just cause belongs:

1. To the supreme ecclesiastical authority for the universal Church (can. 1395, § 1). By supreme ecclesiastical authority are understood the Supreme Pontiff, who uses his right by himself or through the Sacred Congregations, and Ecumenical Councils. Moreover, books condemned by the aforesaid are to be judged prohibited everywhere and into whatever language they are translated (can. 1396).¹

2. To particular Councils and local Ordinaries for their subjects (can. cited). Under the name of subjects of the local Ordinary do not come exempt religious, about whom something is said specifically (cf. under 3). For the rest, let them beware of scandal arising for the faithful.

From a prohibition made by a particular Council or local Ordinary there is recourse to the Holy See, but not in the suspensive effect (can. 1395, § 2), i.e. one is held by the established prohibition until the Holy See has decided the case in his favor.

3. Also the Abbot of a monastery sui iuris and the supreme Moderator of an exempt clerical religion, with his Chapter or Council, can prohibit books to his subjects for a just cause; and the same, if there is danger in delay, can be done by other major Superiors with their own Council, but under this law, that they refer the matter as soon as possible to the supreme Moderator (can. 1395, § 3).

Corollary I. It belongs to all the faithful, especially clerics and those constituted in ecclesiastical dignity and those who excel in doctrine, to refer books which they have judged pernicious to local Ordinaries or to the Apostolic See; but by a particular title this belongs to Legates of the Holy See, local Ordinaries, and Rectors of Catholic Universities (can. 1397, § 1). Moreover, it is expedient that in the denunciation of evil books not only the title of the book be indicated, but also, as far as possible, the causes be set forth why the book is judged to be prohibited (can. 1397, § 2). Let it be sacred to those to whom the denunciation is referred to keep secret the names of those denouncing (can. 1397, § 3).

Corollary II. Local Ordinaries, by themselves or, where there is need, through suitable priests, should keep watch over books which are published or offered for sale in their own territory (can. 1397, § 4).

Corollary III. Books which require a more subtle examination, or about which the judgment of the supreme authority seems to be required for attaining a salutary effect, Ordinaries should refer to the judgment of the Apostolic See (can. 1397, § 5).

¹ Orientals also are held by decrees of condemnation of books and daily papers issued by the Sacred Congregation of the Holy Office (S. C. for the Eastern Church, 26 May 1928; A. A. S. 1928, p. 195).

II. Effects of prohibition. 1. Prohibition regards the whole book, so that even an innocuous part falls under the prohibition. The contrary must be said, as seems sufficiently probable, if the part which gave occasion to the prohibition is separated from the innocuous parts or so expunged that it can no longer be read (St. Alphonsus, VII, 283). The contrary must also be said sufficiently probably if, when a book consists of several volumes, the volumes which were the cause of the prohibition are rendered unfit for use; likewise if an innocent part of a prohibited book is published separately. Nor is it prohibited that innocent parts of a prohibited book be inserted into literary miscellanies.

2. The prohibition of books effects this, that without due permission the book can neither be published, nor read, nor retained, nor sold, nor translated into another language, nor communicated in any way to others (can. 1398, § 1). Besides, a book prohibited in any way whatever cannot again be brought to light unless, after corrections have been made, permission has been given by him who prohibited the book, or by his Superior or successor (can. 1398, § 2). Of these things the following must be explained more:

a) Publication. Under the name of publisher here come: 1° the publisher properly so called, i.e. the one who commits a book to the owner of a printing house to be printed and takes care that it be made public; 2° the owner of the printing house, who accepts the book to be printed; 3° the author of the book, not indeed as such, but insofar as he acts as publisher properly so called or hands the book over to the owner of the workshop or to the publisher for this end, that it be published. Typesetters and other workers, however, are not touched by positive law, but are touched by natural law insofar as they cooperate in evil.

b) Reading. Formal reading is understood, so that the law does not regard him who merely hears someone reading (St. Alphonsus, VII, 292), or recites from memory things once read, or, ignorant of the language, reads through the book; but it does regard the blind person who perceives the type with his fingers.

Grave matter can exist either by reason of quantity, as if, in one at least morally continuous stretch, you read two or three pages; or by reason of quality, i.e. of danger. In this case even a few lines can suffice, because in them there can be danger of perversion (St. Alphonsus, VI, 284, 292). Nor does there seem to be reason for establishing another norm with respect to daily papers.

c) Retention. It is the same whether someone retains his own book or another's; whether he retains the book with himself or with another who does not have the faculty; whether he understands the retained book or not. But he is excused who deposits the book with another who has the faculty, and this with an express agreement that he will not ask for it back except after permission has been obtained; likewise he who retains the book because he awaits either the required permission or an occasion to hand it over to a Superior (St. Alphonsus, VI, 295-298). A bookbinder is indeed counted among those retaining, but he is easily excused if he binds books for one having the faculty of reading them, or if he has another just cause. Likewise the keeper of another's library is not numbered among those retaining, unless he retains prohibited books in his own room or house. Finally, where, as in religious houses, there is a common library, it is permitted that prohibited books be kept in a locked cabinet.

There is grave matter if a book, or, if there is discussion of daily papers, a notable number of sheets, is retained for a notable time, suppose for three or four days (St. Alphonsus, VI, 295). For the rest, if the intention of retaining prohibited writings for a notable time is present from the beginning, one sins gravely at once.

d) Sale. Although sale is prohibited, nevertheless a prohibited book can be sold to him who enjoys the faculty of reading it. Specifically, with respect to sellers of books, can. 1404 establishes: Sellers of books are not to sell, lend, or retain books treating professedly of obscene things; other prohibited books they are not to have for sale unless they have obtained due permission from the Apostolic See, nor may they sell them to anyone unless they can prudently judge that they are legitimately sought by the buyer.

e) Communication. Any communication is forbidden; hence a prohibited book cannot be exchanged with others, nor read aloud to others, nor transcribed for others.