Books to Be Submitted to Previous Censure

Argument of the chapter

Once the general rule concerning books which are to be submitted to previous censure has been handed down, a special sanction concerning secular clerics is enacted.

All the faithful are bound to submit to previous ecclesiastical censure at least those books which regard the divine Scriptures, Sacred Theology, ecclesiastical History, Canon Law, natural Theology, Ethics, or other religious or moral disciplines of this kind, and generally all writings in which religion and the honesty of morals are specially concerned.

By the first words, all the faithful, the article professes that it establishes a common law, while the one immediately following treats of the special obligation by which secular clerics are bound. After this introduction, it is suitably divided into two parts, of which the former treats of books, the other of any writings whatsoever.

What books are

117. 1. Books, therefore not writings, nor journals, nor sheets, nor periodic pamphlets, at least of smaller bulk.

In itself, however, there are comprehended periodic publications of greater bulk, whose individual fascicles attain to the quantity of a book and are destined for treating theological or canonical subjects. The reason is that they have the bulk of a book and a sufficient unity of subject matter. Cf. above n. 34. With us are Genicot,¹ Planchard.² Moureau³ seems to doubt; while Hollweck⁴ releases all periodic publications from this obligation, because the Church trusts the persons by whom they are ruled. Yet this seems said gratuitously, unless usage or custom tempers the law. Gopfert⁵ testifies that a usage of this kind was in force in Germany before our Constitution. Cf. Arndt,⁶ and also Wernz, n. 121, note 109.

What are other similar disciplines

2. Or other religious or moral disciplines of this kind, for example, treatises concerning liturgical matters and matters of natural law;⁷ lives of the servants of God; books which by institution report prodigious facts which, for example, occur in some sanctuary; books which under a moral or religious respect, thus Genicot,⁸ not under a merely economic or political respect, treat of social science, as by commenting on the Encyclical concerning the condition of workers.

3. And this indeed is the general rule. For attention must also be paid to the special sanctions, explained above, by which works even of smaller bulk are governed. Thus the following are subject to previous censure, and sometimes to a special one:

Writings concerning which article 13 treats, that is, those which narrate new apparitions, miracles, etc. Cf. n. 78.

New images, from article 15. Cf. n. 85.

Pamphlets and sheets of Indulgences, from article 17. Cf. n. 87.

All litanies besides the most ancient and common ones, from article 19. Cf. n. 90.

Pamphlets written for fostering piety, from article 20. Cf. n. 91.

Works proscribed by the Apostolic See, from article 31. Cf. n. 106.

Those things which pertain to the causes of beatifications and canonizations, from article 32. Cf. n. 107.

Collections of Decrees of Sacred Congregations, from article 33. Cf. n. 108.

¹ Cited place, 458.

² Rev. Th. Fr., n. 73.

³ Rev. des Sciences Eccl., cited place, p. 117.

⁴ Cited work, p. 45.

⁵ Cited work, p. 321.

⁶ Cited work, n. 207, p. 293.

⁷ C. Gennari seems too subtly to separate Natural Law from Ethics.

⁸ Cited place, 458, 7.

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.

Men of the secular clergy should not publish even books which treat of arts and merely natural sciences without consulting their Ordinaries, so that they may furnish an example of an obedient mind toward them.

The same men are prohibited from undertaking, without previous permission of the Ordinaries, the direction of newspapers or periodic sheets.

Force and division of the article

By this article special law is described for the secular clergy, since provision seems sufficiently to have been made for regulars through the closer obedience which they exhibit to Superiors. Moreover, there is a double disposition: one is concerning books, the other concerning periodic sheets and newspapers.

The obligation is imposed

119. 1. Contrary to what several¹ have thought, whom in the earlier editions we followed, the propriety of the words seems to demand that we take the sanction as concerning a true precept, to which the reason is added.

3. But the object of the precept is that clerics consult their Ordinary, not that they report a positive approval.² But occasion is given to the Bishop for seeing whether perhaps there is a just reason on account of which, by interposing a "Veto," he may impede that publication.³

Clerics of a non-exempt religious Congregation belong in themselves to the secular clergy. Therefore the Bishop will be able to require that, before they hand over books to type to be published, they approach him to consult. Yet for the most part, unless we are mistaken, he will tacitly permit them, as to the said matter just as to others, to be in the hand of their Superiors.

¹ Desjardins, Etudes, t. 71, p. 369; Genicot, Theol. mor., I, n. 460. They themselves nevertheless think that the Bishop, relying on this article, can command that they not undertake these things without consulting him. Cf. Hollweck, Das Kirchl. Bucherverbot, p. 45, note.

² Thus also Wernz, n. 121, note 110.

³ And in this manner we understand the things which are contained in the Instruction concerning Christian popular action, January 17, 1902, and the Motu proprio concerning Christian Democracy, 1903, where our article seems to be taken as if it requires previous license. But, as can be demonstrated by more than one example, earlier acts are not accurately referred to the new diploma to the very nail. Therefore one must not argue too much from that manner of speaking, contrary to what R. P. Van Ruymbeke does, Nouv. Rev. Theol., t. 36 (1904), p. 104.

Stricter disposition of the other part

120. 1. By the other part of the present article more is required than the simple manifestation of counsel; ecclesiastical men must first obtain the permission of the Ordinaries before they undertake to direct newspapers or periodic sheets.

What comes under this name?

2. By periodic sheets we understand those which, similar to newspapers, differ from these only by the frequency of editions. Therefore not those which in French are called Revues, since their fascicles are regarded as pamphlets. Cf. above, n. 91.¹

Whether of every subject matter?

3. For the rest, the prohibition is universal, and also embraces sheets whose subject matter is profane or indifferent. Indeed, according to Pennacchi,² the matter here would concern only profane sheets, nor would license be required for directing religious and ecclesiastical sheets. Yet he himself subjects these to previous censure.

When they are judged to direct a sheet

4. Directing. They are not prohibited from writing in those sheets or cooperating otherwise, provided they do not undertake the direction of them. With Desjardins,³ we judge that it matters little whether they do this openly, or protected by the appearance of another's name. Thus also Pennacchi, cited work, n. 79.

What concerning pupils of a religious Congregation?

5. Concerning pupils of a religious Congregation, the things just said return. Yet here there will more easily be a cause when the Bishop vindicates his rights.

¹ With us Penn., n. 79, against Peries, cited work, pp. 209, 210; and Wernz, note 111.

² A. S. S., cited place, n. 79, p. 511.

³ T. 71, p. 369.

I. The preventive censorship of books consists in an examination made before they are published, followed by a judgment of approbation or condemnation.

1. The previous permission of the Holy See is required for the publication of a) Any authentic collection, in whatever language, of prayers and pious works to which the Holy See has attached indulgences; and of b) Any list of Apostolic indulgences, or summary of indulgences, whether collected at some former time and never approved, or newly collected from diverse documents;¹ also of c) Any vernacular translation of Holy Scripture without notes drawn from the writings of the holy Fathers and of Catholic theologians;² with the possible exception of certain devotional parts of the Bible, which are apt to kindle the piety of the faithful, such as the Psalter, the Sunday gospels, etc.; these, according to a probable opinion,³ the bishop can permit without notes.

¹ C. I. C., can. 1388, § 2.

² C. I. C., can. 1391.

³ Ferreres, Compend. Theol. Mor., Vol. I, p. 632.

2. The permission of the Sacred Congregation of Rites is required for the publication of anything and everything pertaining to the beatification and canonization of saints.⁴

⁴ C. I. C., can. 1395 sq.

3. The permission of the prefects of the various Roman congregations is necessary for reprinting the decrees of the respective congregations in new editions.⁵

⁵ C. I. C., can. 1389.

4. The permission of the diocesan Ordinary, that is, the bishop of the diocese in which the author lives, or in which the book is printed or published, is required for the publication of a) Any book, pamphlet, summary or leaflet containing indulgences,⁶ and of b) All books of Holy Scripture, or notes or commentaries on the same,⁷ or translations or paraphrases of such books in the vernacular with notes from the Fathers and approved theologians,⁸ or books which treat of Sacred Scripture, revealed or natural theology, Church history, Canon Law, ethics, and other religious and moral disciplines;⁹ and of c) Books or pamphlets containing prayers, devotions or instructions on religious, moral, ascetical, mystical or similar subjects, even though they appear to promote piety;¹⁰ and of d) Any other writings having special reference to, or involving the interests of, faith or morals;¹¹ and of e) Sacred images or pictures, no matter how manifolded, with or without prayers attached.¹²

⁶ C. I. C., can. 1388, § 1.

⁷ C. I. C., can. 1385, § 1, n. 1.

⁸ C. I. C., can. 1391.

⁹ C. I. C., can. 1385, § 1, n. 2.

¹⁰ Ibid.

¹¹ Ibid.

¹² Can. 1385, § 1, n. 3.

5. No cleric may publish books on profane subjects, or write for newspapers or magazines, or edit any periodical publications, without the permission of his Ordinary.¹³

¹³ C. I. C., can. 1386, § 1.

6. Religious, besides the permission of the diocesan Ordinary, must have also that of their major superior in order to publish any of the things listed under n. 5 and n. 4, b, c, d, and e.¹⁴

¹⁴ C. I. C., can. 1385, § 3; can. 1386.

Except for a just and reasonable cause, approved by the Ordinary of the diocese, neither clerics nor laymen are allowed to write for newspapers, reviews, or magazines that habitually attack Catholic faith or morals.

The permission of the Bishop (imprimatur) must be printed in the beginning or at the end of the book or picture thus approved, and must contain the name of the Ordinary or his representative, together with the place and date when the permission was granted.¹⁵

¹⁵ C. I. C., can. 1391, § 1.

A new imprimatur is required for the translation of an approved book into some other language and for each new edition of the book itself, but not for articles or excerpts reprinted from periodicals.¹⁶

¹⁶ C. I. C., can. 1392.

No episcopal imprimatur is necessary for reprinting liturgical books or any parts thereof, or litanies approved by the Holy See, but the Ordinary of the diocese where they are printed or published must certify that the text conforms to the originals.¹⁷

¹⁷ C. I. C., can. 1390.

778. Dissemination and censorship of books. - Also for publishing or disseminating certain writings, previous censorship or permission is required:

A. For all, even laymen, according to can. 1385:

"§ 1. Unless ecclesiastical censorship has preceded, let there not be published, even by laymen:

1. Books of the Sacred Scriptures or annotations and commentaries on the same;

2. Books which regard the divine Scriptures, sacred theology, ecclesiastical history, canon law, natural theology, ethics, or other religious and moral disciplines of this kind; books and booklets of prayers, devotion, or religious, moral, ascetical, or mystical doctrine and instruction, and other things of this kind, although they may seem conducive to fostering piety; and generally writings in which there is something which peculiarly concerns religion and the honesty of morals;

3. Sacred images to be printed in any way whatsoever, whether they have prayers attached or are published without them.

§ 2. Permission to publish books and images concerning which in § 1 can be given either by the local Ordinary proper to the author, or the Ordinary of the place in which the books or images are made public, or the Ordinary of the place in which they are printed, yet so that if any one of these Ordinaries has denied permission, the author cannot seek it from another Ordinary unless he has informed the same of the permission denied by another."

B. Specifically for religious and clerics:

"Religious, however, must also previously obtain the permission of their major Superior" (can. 1385, § 3).

"Secular clerics are forbidden, without the consent of their Ordinaries, and religious, without the permission of their major Superior and of the local Ordinary, also to publish books which treat of profane matters, and to write in newspapers, sheets, or periodical booklets, or to direct the same" (can. 1386, § 1).

And indeed:

1. sometimes permission of the Holy See is required, namely:

a) for those things which pertain to causes of beatification and canonization (can. 1387);

b) for an authentic collection of prayers and pious works to which the Apostolic See has attached indulgences, for a list of apostolic indulgences, and for a summary of indulgences either now first collected or not yet approved (can. 1388, § 2);

c) for collections of decrees of the Roman Congregations (can. 1389);

d) for versions of the Sacred Scriptures without annotations to be printed in the vernacular tongue (can. 1391), for approving liturgical books (can. 1257), and new litanies to be publicly recited (can. 1259, § 2).

2. sometimes permission of the one who prohibited, namely, for prohibited writings (can. 1398, § 2).

3. sometimes permission of the local Ordinary:

a) for books of the Scriptures or their annotations and commentaries, books treating of a religious or moral matter, and sacred images (can. 1385, § 2);

b) for books, summaries, or sheets of indulgences already granted to be published (can. 1388, § 1);

c) for publishing liturgical books or litanies approved by the Holy See in order to agree with the approved edition (can. 1390);

d) for versions of the Sacred Scriptures with annotations into the vernacular tongue to be published (can. 1391).

779. Observations. - 1. "The approval of the original text of some work does not avail for translations of the same into another language, nor for other editions; wherefore both translations and new editions of an approved work must be fortified with a new approval" (can. 1392, § 1).

2. "Chapters excerpted from periodicals and published separately are not judged new editions and therefore do not need a new approval" (can. 1392, § 2).

3. "The permission by which the Ordinary makes the power of publishing is to be granted in writing, to be printed at the beginning or end of the book, sheet, or image, with the name of the one granting it expressed, and likewise the place and time of the grant" (can. 1394, § 1).

In this, nevertheless, a dispensation can sometimes be given for a just cause, or a great inconvenience can excuse; indeed, says Vermeersch, Th. M. III, n. 896, for many writings, especially of lesser bulk or moment, in practice it is admitted that merely this be placed: "with ecclesiastical approval."