The Prior Censorship of Books

Subject of the chapter

This chapter first proposes the censures which are reserved to the Holy See or subject to a special condition; then it defines the Prelate to be approached by seculars and by regulars.

Tit. II, Ch. I, Article 30

In whose hands there is the power of approving or permitting editions and versions of the sacred Bibles is clear from those things which were established above (n. 7).

105 bis. By this article we are thrown back to the sanction explained above, and our interpretation of the words "under the vigilance of the Bishops" is confirmed. Cf. n. 71.

Tit. II, Ch. I, Article 31

Let no one dare to publish again books proscribed by the Apostolic See; but if, from a grave and reasonable cause, some singular exception in this matter should seem to be admitted, that shall never be done unless the license of the sacred Congregation of the Index has first been obtained, and the conditions prescribed by it have been observed.

n. 106.

Force of the sanction

106. This is the force of that article: that it prohibit a book, prohibited by a special Decree, from being published even when corrected. But it says that the Sacred Congregation of the Index must be approached, and that its laws must be observed.

What if a book prohibited anew is published?

Indeed, as long as the proscribed book comes forth as morally the same, the new edition itself is affected by the decree of proscription, unless it has been positively permitted by the Sacred Index. Nor does it matter that the book was condemned only until it should be corrected. Cf. the preface of the Index, and the things said above, n. 46, 47.

Tit. II, Ch. I, Article 32

Those things which in any way pertain to the causes of Beatifications and Canonizations of the Servants of God cannot be published without the approval of the Congregation set over the guarding of Sacred Rites.

n. 107.

What things pertain to causes of beatification or canonization

107. The matter concerns those persons whose cause is pending, not yet completed by the definitive Decree of canonization. Examples are the proofs brought forward by defenders, the observations made by the Promoter of the faith, etc. Cf. Pennacchi, who pursues these things at length from n. 69. Therefore these things cannot be published without the approval of the Sacred Congregation of Rites.

Tit. II, Ch. I, Article 33

The same is to be said concerning Collections of Decrees of individual Roman Congregations: namely, these Collections cannot be published unless license has first been obtained, and the conditions prescribed by the moderators of each Congregation have been observed.

n. 108.

What Collections are

108. 1. Those periodicals do not make Collections which are accustomed to spread abroad various decrees of the Sacred Congregations, whether concerning several subjects or concerning one subject. For formally they do not come forth as Collections of some Congregation; nor even materially do they exhibit a sufficiently complete series of the acts of some Congregation, or draw documents from one Congregation in such a way that they can be regarded as Collections. Thus, for example, our volume II, De Religiosis Institutis ac Personis.

Published Collections are not prohibited

2. Collections published without due license are not now prohibited. For this sanction has not been enacted by the Constitution. Thus also Pennacchi, cited work, n. 70; Wernz, n. 122, note 100; Ciolli, n. 80.

Tit. II, Ch. I, Article 34

Vicars and Apostolic Missionaries should faithfully observe the Decrees of the sacred Congregation set over the Propagation of the Faith concerning books to be published.

n. 109.

Apostolic Vicars, who they are

109. 1. Apostolic Vicars, as we take them here, are ecclesiastical Prelates, for the most part distinguished by the episcopal character, who in places of missions, in the name of the Supreme Pontiff, shepherd a region where the ordinary hierarchy has not yet been introduced. They are subject to the authority of the Sacred Congregation de Propaganda Fide.

Apostolic Missionaries, who they are

2. Apostolic Missionaries are not those Priests who, for the sake of honor and privilege, are decorated with this title by the Holy See even in our regions; but, says Pennacchi,¹ they are those Priests who, approved by the Sacred Congregation de Propaganda Fide, dwell in the aforesaid places (of Missions), and there exercise their ministry under the authority of Apostolic Vicars.

Prohibition made for Missionaries. Apostolic Missionaries

3. The decrees of the Sacred Congregation de Propaganda Fide remain to be observed, insofar as they are in use today.²

Now, from those decrees, Apostolic Missionaries are prohibited from publishing any writings whatever or books (both their own and others', both by themselves and through others), whether treating of religion directly or indirectly, or discoursing on ecclesiastical matters, unless by previous examination and approval of the Sacred Congregation de Propaganda Fide, to be obtained in writing and printed at the beginning of the work itself.

Nevertheless the respective Bishops or Apostolic Vicars can permit small doctrinal works, catechisms, instructions, and prayers to be published, which serve the daily use of the faithful.

Sometimes, by special Indults, they obtain greater faculties.

These things are drawn out from various Decrees of the Sacred Congregation de Propaganda Fide, especially those which are reported in Coll. P. F., nn. 1869, 1870, 1872.

What concerning books, periodicals, which report letters of Missionaries

4. From the former law, all books treating of the sacred missions were to be approved by the Sacred Congregation de Propaganda Fide. But if even before merely historical or geographical reports, taken, for example, from letters of missionaries, were published without penalty without the faculty of that Congregation,³ that will much less have to be reputed illicit today. Reports of this sort, or books "concerning knowledge which in no way refers to religion," Pennacchi⁴ excepts even from the law which regards Apostolic Missionaries.

What concerning the Bishops of these regions

5. You will ask why the Bishops of regions which are subject to Propaganda Fide have been passed over in silence. Thus England, Holland, the Indies, etc.?

C. Gennari⁵ and Pennacchi⁶ judge that those special laws are not in force in places in which the ordinary hierarchy has been restored. And that the matter stands thus in several regions is true. In all? We think that the Bishops of those places must consider the received usages and the proper Instructions which they have received from Propaganda Fide.⁷

¹ Cited work, n. 71. Palmieri proves the same in this place.

² Wernz, n. 121, note 101.

³ Cf. Arndt, p. 277, n. 198.

⁴ Cited work, n. 71.

⁵ Monit., cited place, p. 108.

⁶ A. S. S., cited place, n. 71, p. 490.

⁷ Thus also Ciolli, n. 82. Wernz, note 101, distinguishes regions which are merely subject to the Sacred Congregation de Propaganda Fide, as Holland, England, etc., from regions which are still counted among the lands of infidels, although the ordinary hierarchy has been established there. He warns the Bishops of these latter regions that they should act cautiously.

Tit. II, Ch. I, Article 35

The approval of books whose censure, by force of the present Decrees, is not reserved to the Apostolic See or to Roman Congregations, belongs to the Ordinary of the place in which they are made public.

n. 110.

What things belong or do not belong to the Ordinary of the place

110. 1. Therefore, except for works whose recognition is reserved through these Decrees to the Apostolic See or to Roman Congregations, the censure, from article 35, belongs to the Ordinary of the place in which the work is made public (not therefore, as formerly, of the place in which it is printed¹).

Moreover, through these Decrees there are reserved: versions of the Sacred Scriptures in the vernacular language without notes, concerning which article 7; certain publications of Indulgences, as was said in n. 87; and finally those things which are referred to here in articles 32-34.

A book approved by one can be read everywhere

2. But the approval of that Ordinary causes the book to be able to be read everywhere and by all. Thus from custom. But if another Ordinary shall have prohibited the same book, his non-exempt subjects, living in the territory of the one prohibiting, will have to observe this particular statute.

What if there were several editors?

3. What if there have been several editors, and these in different Dioceses? It will be enough if you report the approval of one Bishop: namely, of him whom you prefer, provided he truly was an editor. Thus it seems to us. For why the distinguished Pennacchi² should look to the domicile of the author, we do not see. But the reason why the book should not be approved by several Bishops is both because article 35 speaks in the singular, "to the Ordinary," and because usage favors, and satisfaction is thus made to the mind of the law; and because it would be against the benignity of present law to impose too great a burden on writers.

¹ Rule X of the Tridentine Index required that.

² A. S. S., cited place, n. 72, p. 491.

n. 111.

What in places where very many books are published?

111. 4. What if in some city so many books are published that the forces of the censors seem unequal to recognizing them? Besides other provisions, this also can be taken: that the Ordinary of the place of publication defer to the sentence of the censor of the place where either the writer lives or the book is printed, so that, with the consent of this Ordinary, he makes that external censor as it were his own censor. And the Sacred Congregation itself positively confers a faculty of this kind. (Cf. the formulas below in Part Four.)

n. 112.

What concerning books of Bishops?

112. 5. What if a Bishop publishes a work outside his own diocese? Outside, I say, his own diocese. For it is too evident that a work of which he himself is author is approved by him, for any mention of this matter to be necessary.

But although article 41 directly imposes the obligation of censure only on the faithful (by which word Bishops are not designated in themselves), since those faithful are not only the writers of a book but also the editors, the law of previous censure must also be observed concerning these books. We are confirmed by the usage of the City, where even the works of Cardinals come forth recognized by the Master of the Sacred Palace and by the Vicegerent of the City. But if a Bishop publishes a book at the same time in his own diocese and outside it, he himself will have to require no censure.

Tit. II, Ch. I, Article 36

Regulars, besides the license of the Bishop, should remember that by the decree of the sacred Council of Trent they are bound to obtain from the Prelate to whom they are subject the faculty of publishing the work into the light. But each concession is to be printed at the beginning or at the end of the work.

n. 113.

It confirms the disposition of Clement

113. 1. That clause reports, almost to the letter, the words of the Instruction of Clement VIII added to the Rules of the Index. From this:

Equally with the rest they are subject to the censure of the Ordinary

a) The doctrine, already certain before, is confirmed, according to which exempt Regulars are subject to the censure of the Ordinary of the place equally with the rest. Equally, I say, not more.¹ Therefore, only for books which from common law are subject to censure.

How far, besides, the faculty of the proper Prelate is required

b) There is also commemorated the decree of Trent, session 4, concerning the edition and use of sacred books, by which they are further bound to obtain the faculty of their proper Prelate. But because, in that decree, speech is only concerning books of Sacred Scripture, annotations, and commentaries, the pontifical law concerning the faculty of the proper Prelate to be sought seems to be circumscribed to the same things. Cf. Desjardins, Etudes, t. 71, p. 365.² But as to other works, they will stand by their proper Constitutions.

Which Regulars?

2. Regulars are to be understood as those strictly such.³ Those who are called such more broadly will much less escape the censure of the Ordinary. For the rest they will observe their proper Rules.

Each concession to be printed

3. Each concession is to be printed at the beginning or end of the work in that manner in which the sole concession of the Bishop is to be appended to the books of others. Cf. below, n. 116.

¹ Wernz, n. 121, note 103, also holds the same, against certain persons who, relying on I know not what reason, already wish all books of Regulars to bear testimony of a double approval.

² Most think that by the Instruction of Clement VIII that prescription was extended to every book. Thus C. Gennari (cited work, in this place), Genicot (cited work, 460), and Pennacchi (n. 73). But in the same words by which our article does, that Instruction appeals to the decree of the Council of Trent. Therefore we do not perceive the force of the inference made. Nevertheless Boudinhon also admits this in this article, and Wernz, note 103. For the rest the matter is of the smallest importance, since at least from their proper Constitutions the books of Regulars must be approved by their Superiors.

³ They are, however, the solemnly professed, and, from the Constitution of Gregory XIII, Ascendente Domino, also the simply professed of the Society of Jesus. Concerning the simply professed of other Orders this is doubted. Cf. Bizzarri, Collectanea, 1st ed., p. 801, note.

Tit. II, Ch. I, Article 37

If an Author dwelling at Rome should wish to print a book not in the City, but elsewhere, besides the approval of the Cardinal Vicar of the City and of the Master of the Sacred Apostolic Palace, no other is required.

n. 114.

The former law partly abrogated

114. 1. By the former law, by order of Alexander VII, those dwelling in the Pontifical State had to offer their books to be approved by the previous censure of the Cardinal Vicar of the City and of the Master of the Sacred Palace. Now the special obligation, if any remains, is circumscribed to the City alone.

Force of the present article. It imposes an obligation

2. Proceed now: the obligation seems to remain. For although the sentence of the law is in itself ambiguous and can be taken of a mere privilege,¹ nevertheless the reason of the former disposition remains in such a way that a correction of that law, which would be inexplicable, does not seem to have to be admitted. The usage of the City agrees, in which the Masters of the Sacred Palace urge their right in this way.²

But the reason of this sanction is drawn from a certain peculiar authority with which books that are considered to have been written under the eyes of the Holy See are vested, so that they seem to have to be fortified by the caution of Roman censure.

And it confers a privilege

3. At the same time, however, the article confers a most equitable privilege, by which these books, even if they are published elsewhere, need have no other approval. Thus the law is not made harsher for the inhabitants of the City, and fitting honor is given to Apostolic censure.

Whom it affects

4. Those properly dwell in the City who there have at least a quasi-domicile.³ Those, however, who actually stay at Rome even for a shorter time will be able, as pilgrims, to share in the privilege of the inhabitants.

¹ Cf. Palmieri, in this place; Ojetti, Analecta Eccl., 1898, pp. 383, 384.

² Cf. Wernz, n. 121, note 104.

³ Quasi-domicile is acquired by real habitation joined with the intention of staying in some place for the greater part of the year. Thus the opinion received in the curia, although some, as Lehmk. II, 775, are content with staying through a notable part of the year: as, for instance, through 4 months. Penn., A. S. S., cited place, n. 74, p. 495, judges that no space of stay is required for the use of that privilege.

Tit. II, Chapter II: On the Office of Censors in the Previous Examination of Books

Argument of the chapter

Once the person of the censors has been defined, we now suitably come to describing the manner in which they ought to exercise their office.

Tit. II, Ch. II, Articles 38 and 39

Let Bishops, whose office it is to grant the faculty of printing books, take care that for examining them they employ men of tried piety and doctrine, concerning whose faith and integrity they can promise themselves that they will give nothing to favor, nothing to hatred, but, every human affection having been put aside, will look only to the glory of God and the utility of the faithful people.

Concerning various opinions and sentences (according to the precept of Benedict XIV) let censors know that they must judge with a mind empty of all prejudices. Therefore let them shake off affection of nation, family, school, institute; let them lay aside party zeal. Let them have before their eyes solely the dogmas of the holy Church and the common doctrine of Catholics, which are contained in the decrees of General Councils, the Constitutions of the Roman Pontiffs, and the consensus of Doctors.

n. 115.

Censors to be well chosen

115. 1. By each article it is commended to Ordinaries that they choose learned and upright censors, who set aside party zeal and consider only dogmas and the common doctrine of Catholics (art. 38, 39).

2. And since we are referred to the Constitution of Benedict XIV, it will not be displeasing here to transcribe from it two golden rules.

One must not judge from a separated place

"This also," the Supreme Pontiff observes in sec. 18, "we warn must diligently be noted, that a right judgment concerning the true sense of an author cannot be made unless his book be read from every side ... nor indeed is it to be pronounced concerning him from one or another proposition torn from its context or considered and weighed apart from the others which are contained in the same book."

One must incline into a good sense when the author is Catholic

And in sec. 19, he adds this, so consonant with evangelical charity: "But if certain ambiguous things have fallen from an author who otherwise is Catholic, and of intact reputation in religion and doctrine, equity itself seems to demand that his sayings, explained kindly as far as possible, be taken in a good part." The book of the Exercises of our holy father Ignatius already contained similar things. "It is to be supposed," thus that Saint says at the opening of the Exercises, immediately after the annotations, "that every pious Christian ought with a readier mind to draw the sentence or obscure proposition of another into a good part than to condemn it. But if he can protect it by no reason, let him inquire into the mind of the speaker; and if he thinks or understands less rightly, let him correct him kindly: if this does not suffice, let him attempt all opportune ways by which he may render him sound in understanding and secure from error."

Tit. II, Ch. II, Article 40

When the examination has been completed, if nothing seems to stand in the way of the publication of the book, the Ordinary, in writing and entirely gratis, should grant to the author the license of publishing it, to be printed at the beginning or at the end of the work.

n. 116.

Discretion of the Bishop

116. 1. If nothing seems to stand in the way of the publication of the book. Therefore the faculty of denying approval is greater for the Ordinary than that of reprobating a book already published. Which books can be reprobated by him, we saw above, n. 102.

But in order that he not concede the faculty of publishing, it is enough that a truly just cause stand in the way, for example, of protecting peace, concord, of awaiting opportuneness.

At the same time, however, if nothing seems to stand in the way, he must concede the license. He cannot at will give or deny a faculty which in itself is to be given, unless something stands in the way.

Yet the reasons for rejection are to be indicated

2. From the rescript of the Sacred Congregation of the Index, September 3, 1898, if the book seems capable of correction or expurgation, the Ordinary must indicate to the writer the reasons why he was unwilling to approve the book. This is an equitable disposition, and one by which arbitrary rejections are guarded against.

Whether remuneration of the censor is excluded?

3. Necessary gratuitousness does not exclude, strictly speaking, congruous remuneration for the labor of the censor. Yet provision for the decent sustenance of the censor will be better made by another arrangement. Cf. Desjardins,¹ Peries,² Pennacchi.³

What if the faculty is given orally?

4. The faculty must be given in writing. Yet one which has been conceded only orally does not therefore become null, or without effect. Pennacchi, cited work, n. 77.

How the obtained faculty is to be expressed

5. You will ask whether the obtained faculty must be published in the very words by which it was given, or whether it is enough to use a formula by which it is clearly and distinctly indicated whose license was obtained?

C. Gennari⁴ and Hollweck⁵ hold the former; and formerly it was thus resolved.⁶ They argue from the text by which the license, which was given in writing, is said to be printed; and from the fact that otherwise it could not authentically be established concerning the license obtained.

Dilgskron,⁷ Genicot,⁸ Pennacchi,³ Wernz⁹ admit the latter, as quite sufficient for the end of the law; and consonant with the character of this Constitution, by which the solemnities have been made simpler. And this is confirmed by practice. Wherefore the law is obeyed if a secular man uses this or a similar formula: "with the permission of the Ordinary of such a diocese"; but a regular: "by the license of the Superiors of the Order and of the Ordinary of such a place."

Whether it can sometimes be suppressed

6. Formerly, if a just cause, for example lest the public utility of the book be impeded, demanded this, they admitted that, with the Bishop consenting, the obtained faculty could be suppressed.¹⁰ We are not compelled to be more severe today. And unless the omission, unduly made, is going to be for scandal or seems to contain contempt of authority, it does not seem to introduce grave guilt.

Gravity of the obligation

¹ Etudes, t. 71, p. 366.

² Pp. 205, 206.

³ Cited work, n. 77.

⁴ Monit., cited place, p. 112.

⁵ Cited work, p. 58.

⁶ Cf. Albitius, cited work, chapter 30, n. 125, or Arndt, cited work, n. 209, p. 296.

⁷ Analecta Ecclesiastica, 1897, p. 228.

⁸ Cited work, I, 459.

⁹ N. 121, note 109.

¹⁰ Dilgskron, in the same place, citing De Brabandere, II, 1348.

Tit. II, Chapter III: On 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.

Tit. II, Ch. III, Article 41

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.

Tit. II, Ch. III, Art. 41, I. On Books

n. 117.

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.

Tit. II, Ch. III, Art. 41, II. On Any Writings Whatever

n. 118.

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.

Tit. II, Ch. III, Article 42

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.

Tit. II, Ch. III, Art. 42, I. On Books

n. 119.

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.

Tit. II, Ch. III, Art. 42, II. On Periodic Sheets

n. 120.

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.

Tit. II, Chapter IV: On Typographers and Editors of Books

Argument of the chapter

In this chapter, the discipline concerning the censure and edition of books is completed by certain precepts or warnings which, although they are not strictly proper to typographers and editors, nevertheless pertain to them in a peculiar way. Moreover, in the inscription itself, as is clear from article 46, which is concerning sellers of books, by the name of editors all, however many, who contribute labor to spreading books are called broadly.

Tit. II, Ch. IV, Article 43

Let no book subject to ecclesiastical censure be printed unless at the beginning it displays the name and surname both of the author and of the editor, and in addition the place and year of printing and of edition. But if in some case, for just causes, the name of the author seems to have to be suppressed, let the power of permitting this be in the hands of the Ordinary.

n. 121.

Sum of the law

121. 1. A book which is subject to censure must display at the beginning the name and surname both of the author and of the editor, and the place and year of printing and of edition. Nevertheless the Ordinary will be able to permit that, for just causes, the name of the author be suppressed.

What concerning periodicals?

2. The sanction concerns books. Therefore, by positive law, nothing in itself is enacted concerning periodic publications.¹

Whether the author of the version is to be indicated?

3. Whose name must a version bear, that is, of the author of the original text, or of the interpreter? We judge that the name of either suffices.² For the letter wishes that the name of the author be manifested. Now, of a work which is rendered in another language, both he who conceived it in his mind, and that more properly, can be called the author; and the interpreter, insofar as the version is considered as another work, for which also a distinct approval is required. And this perhaps is more according to the mind of our Legislator.

Who is an editor?

4. Often by the name of editor we understand him at whose expense a book is printed. Properly, however, if we opine anything, by this word he is designated in whose name and by whose labor the book is edited, that is, spread abroad, diffused, made public. For the most part he will be the owner himself of the typography who undertook the work to be printed, and he will be another than the author. Yet if no typographer were the editor, why, as the distinguished Palmieri wishes in this place, an indication of the typographical office would be required, we do not clearly see. The words of the law do not require it. Nor, in order that in every case there be had some utility, especially a secondary one, intended by the Legislator, is it right in an odious matter to abandon the propriety of words. And do not books sometimes come forth which make mention only of the author, by this or a similar formula: "it is for sale at the author's"?

What if a society publishes a book?

5. What if a book is published not by a singular person, but by a society? Then it will be enough, for the end of the law, that an individual designation of the house be appended, for example, with the social name indicated, as we did for this work of ours. (La firme ou raison sociale.)

6. Observe that the place and year both of printing and of edition are to be expressed, namely, if the book has been printed in another place or year than it has been edited. This happens rather often concerning the place, sometimes also concerning the year, as if many thousands of copies, printed at one time, are destined for several editions. Cf. Pennacchi, cited work, n. 79.

What Ordinary gives the faculties here?

7. The Ordinary whose permission must be obtained for suppressing the name is he to whom, from article 35, the province of approving the book belongs; namely, in whose Diocese the work is made public. The same will be able, for similar causes, to permit that the book come forth under a feigned name (pseudonym).

¹ Cf. Wernz, who says this a little more moderately, and not altogether clearly, n. 121, note 112.

² With us Sleutjes, cited work, p. 54.

Tit. II, Ch. IV, Article 44

Let Typographers and Editors of books know that new editions of the same approved work require a new approval; and furthermore that the approval granted to the original text does not avail for its version into another language.

n. 122.

New edition and permission

122. Therefore a new edition, and a version into another language, of a work subject to the law of censure, demand a new approval.

What if nothing is changed in the new edition?

Nor does it matter that you publish a later edition plainly similar to the earlier approved one; for the law does not distinguish; and after the earlier publication causes could have arisen or become manifest on account of which the approved work should again be committed to the press either not at all, or only after certain things have been removed. Cf. Arndt, cited work, n. 211, pp. 298, 299.

But if the new edition has appeared sufficiently conformable to the earlier approved one, in itself, or with scandal and contempt excluded, the omission of a new approval does not seem grave; nor for that reason would we judge the book prohibited, although it is among those which are prohibited unless they are published approved.

Concerning new editions of liturgical books, cf. article 18.

What concerning excerpts from periodicals

What if you separately publish an article excerpted from periodicals?

From the response of the Sacred Congregation of the Index, May 19-23, 1898, chapters excerpted from periodicals and separately published are not judged to be new editions. Wherefore they must report no distinct approval.

Yet the case will have been different if from various articles you compose a true book, which you thus publish into the light for the first time. For unless you understand this response reasonably, since, from the things said in n. 117 and 118, periodic publications are subjected to a less strict censure, you will easily have opened a way to mocking the law concerning previous censure of books. With us is Boudinhon. (Canoniste, 1898, p. 312.)

Tit. II, Ch. IV, Article 45

Books condemned by the Apostolic See are to be judged prohibited everywhere among the nations, and into whatever language they are turned.

n. 123.

Force of the article

123. By this article the universal force of proscriptions which proceed from the Holy See is merely brought out. Concerning this force, cf. n. 23, 62, 95.

Tit. II, Ch. IV, Article 46

All booksellers whatsoever, especially those who glory in the Catholic name, should neither sell, nor lend, nor retain books treating expressly of obscene matters; they should not have the rest of the prohibited books for sale unless they have obtained permission from the Sacred Congregation of the Index through the Ordinary, nor should they sell them to anyone unless they can prudently judge that they are legitimately sought by the buyer.

…and 9 more passages — all of them are listed on the topic page.

Koch–Preuss

Antony Koch; adapted and edited by Arthur Preuss — 11 passages (filed under the subtopics)

Vol. IV, Pt. III, Ch. VI, Section 1: The Preventive Censorship of Books

Vol. I, Appendix: On the Constitut…, Tit. II, CHAPTER I: On Prelates Set Over the Censure of Books · Vol. I, Appendix: On the Constitut…, Tit. II, CHAPTER II: On the Office of Censors in the Previous Examination of Books · Vol. I, Appendix: On the Constitut…, Tit. II, CHAPTER III: On Books to Be Subjected to Previous Censure · Vol. I, Appendix: On the Constitut…, Tit. II, CHAPTER IV: On Printers and Publishers of Books · Vol. I, Appendix: On the Constitut…, Tit. II, CHAPTER V: On the Penalties Established against Transgressors of the General Decrees

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

n. ¶2.

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.

n. ¶3.

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.

n. ¶4.

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.

n. ¶5.

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.

n. ¶6.

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.

n. ¶7.

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.

n. ¶8.

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.

n. ¶9.

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.

n. ¶10.

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.

n. ¶11.

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.

Marc, Institutiones Morales

Clement Marc, C.SS.R. — 21 passages

Vol. I, Appendix: On the Constitut…, Tit. II, CHAPTER I: On Prelates Set Over the Censure of Books

n. ¶30.

"With whom the power resides of approving or permitting editions and versions of the sacred Bibles is plain from those things which are established above (n. 7)."

The censure of which there is question in this title is not required that a book be committed to type, but that it come forth into the light. Thus understand the things that will be said in n. 37, 38, and 40.

The obligation of subjecting a book to censure is grave or light according to the argument of the book, or the manner of publication. Thus, for example, omission of a new approval, if the edition is conformable to the prior approved one, does not seem to be a grave sin.

n. ¶31.

"Let no one dare to issue again into the light books proscribed by the Apostolic See: but if, from a grave and reasonable cause, some singular exception seems to be admitted concerning this matter, this will never be done unless license of the S. Congregation of the Index has first been obtained."

By books proscribed by the Apostolic See are understood only those books which by special Decree and by name are condemned by the Holy See, whether immediately, or through some Congregation, but not those which are reached only by these General Decrees.

n. ¶32.

"Those things which in any way pertain to causes of Beatifications and Canonizations of the Servants of God cannot be published without the beneplacit of the Congregation set over guarding Sacred Rites."

n. ¶33.

"The same must be said of Collections of Decrees of individual Roman Congregations: namely these Collections cannot be issued unless license has first been obtained, and the conditions prescribed by the moderators of each Congregation have been observed."

n. ¶34.

"Let Apostolic Vicars and Missionaries faithfully observe the Decrees of the Sacred Congregation set over Propaganda Fide concerning the issuing of books."

n. ¶35.

"The approval of books whose censure, by force of the present Decrees, is not reserved to the Apostolic See or to the Roman Congregations, pertains to the Ordinary of the place in which they are made of public law."

Therefore this approval no longer pertains to the Ordinary of the place in which the printing is done. If the edition has place in several dioceses, the approval of one Ordinary suffices. - In Germany, from legitimate custom, the approval of the Ordinary of the diocese to which the author is ascribed suffices.

Yet let the Response of the S. C. of the Index, 9 May 1912, be noted: The Bishop of the place in which some author not subject to him desires to make public a book already examined by his own Ordinary and judged worthy of the press, can permit the printing of this book without subjecting it to a new censure. It suffices that he place the judgment Nihil obstat of the censor of the other diocese, transmitted to him by that Ordinary (A. A. S., IV, p. 370).

n. ¶36.

"Let regulars remember that, besides the license of the Bishop, they are held by the Decree of the sacred Council of Trent to obtain from the Prelate to whom they are subject the faculty of issuing a work into the light. But each concession is to be printed at the beginning or end of the work."

The Constitution uses the word Regulars; yet, as the S. C. of Religious declared, 15 Jun. 1911, the article extends itself also to religious of Institutes. The same Congregation also prohibited religious, as often as their Moderators interdict to them publication of a manuscript, from handing it over to a printer, who may publish the book with only the Imprimatur of the Bishop (A. A. S., III, p. 270).

n. ¶37.

"If an author living at Rome wishes to print a book not in the City, but elsewhere, no other approval is required besides the approval of the Cardinal Vicar of the City and of the Master of the Sacred Apostolic Palace."

Vol. I, Appendix: On the Constitut…, Tit. II, CHAPTER II: On the Office of Censors in the Previous Examination of Books

n. ¶38.

"Let Bishops, whose office it is to grant the faculty of printing books, take care that they employ for examining them men of proven piety and doctrine, concerning whose faith and integrity they can promise themselves that they will give nothing to favor, nothing to hatred, but, every human affection being put after, will look only to the glory of God and the utility of the faithful people."

By these words the institution of censors from office is only commended. But Pius X, in his Motu proprio Sacrorum Antistitum, prescribed that in all dioceses and in the Roman Curia censors from office be named (A. A. S., II, p. 661). The institution of a Council of vigilance is also prescribed, whose function is to investigate indications of Modernism both in books and in teachings (ibid., 663, 664).

n. ¶39.

"Let censors know that they must judge concerning various opinions and sentences (according to the precept of Benedict XIV) with a mind empty of all prejudices. Therefore let them shake off affection of nation, family, school, institute; let them put aside party zeal. Let them keep before their eyes only the dogmas of holy Church and the common doctrine of Catholics, which are contained in the Decrees of general Councils, Constitutions of Roman Pontiffs, and consensus of Doctors."

n. ¶40.

"The examination having been completed, if nothing seems to stand in the way of publication of the book, let the Ordinary concede to the author, in writing and altogether gratis, license of publishing it, to be printed at the beginning or end of the work."

It is said: 1. If nothing, etc.; it must be noted, from the Response of the S. C. of the Index, 1 Sept. 1898, that Ordinaries who deny license are held to indicate to the author the reasons for the license denied, if the book seems capable of correction or expurgation (A. S. S., 31, p. 256).

In writing; nevertheless authors probably assert that license imparted orally suffices for validity; for, as they say, the substance of the precept consists in the concession of license, and this, whether by voice or by writing, is true license (A. S. S., 31, p. 500). But as often as license is conceded in writing, let the formula Nihil obstat be placed before it, the name of the censor being ascribed. Thus from the Motu proprio Sacrorum Antistitum, 1 Sept. 1910 (A. A. S., II, p. 661).
License to be printed; probably it is not necessary that this be printed in exactly the same words in which it was given; any general formula suffices. Likewise we think it probable that sometimes from a just cause, the Bishop assenting, the license can be passed over entirely in silence. Cf. Pennacchi, Vermeersch, etc. - The Motu proprio itself concedes (l. c., p. 662) that in extraordinary circumstances mention of the censor can be omitted.

Vol. I, Appendix: On the Constitut…, Tit. II, CHAPTER III: On Books to Be Subjected to Previous Censure

n. ¶41.

"All the faithful are held to subject 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 is especially concerned."

It is said: 1. Are held; if therefore due license is omitted, the author sins; but the book is not prohibited, unless there is question of those which by the very fact of omitted approval are proscribed (cf. art. 7, 13, 20).

Generally all writings, and therefore also articles of newspapers in which religion and the honesty of morals is especially concerned, namely which have a moral or religious argument. Nevertheless some authors judge that the custom previously in force has not been abrogated, by force of which periodicals not explicitly treating of religion insert, without previous censure, articles which of themselves would have to be subjected to revision. Cf. Van Coillie, n. 69; Vermeersch, n. 118, p. 144.

From the Motu proprio Sacrorum Antistitum (A. A. S., II, p. 662) it is gathered that for periodicals a special censor, insofar as it can be done, must be designated.

Note. In the judgment of all, printed works and works to be issued lithographically or polygraphically, if they are made public and made of public law, are to be subjected to censure; but if they come forth only for the use of pupils or for another limited use, and are not placed in commerce, they are not liable to this censure; "which we know to have been approved by Roman practice itself," as Vermeersch testifies, p. 33. The reason of these things is because the license of the Bishop is not required precisely for this end, that the book can be printed, but that it can be made of public law. Therefore formularies of prayers for the use of a community, academic lectures for hearers, do not need episcopal censure (Linz. Quart. Schr., 1913, p. 488).

n. ¶42.

"Men from the secular clergy are not to publish even books which treat of merely natural arts and sciences without consulting their Ordinaries, that they may offer an example of an obedient mind toward them.

"The same are prohibited from taking up the direction of periodical sheets without previous permission of the Ordinaries."

The first part of this number is not only a recommendation; for (whatever Vermeersch may say, n. 119, p. 145) the S. C. of Extraordinary Affairs in its Instruction of 17 Jan. 1902 interpreted it thus: "Ecclesiastical men, according to the prescriptions of art. 42 of the same Constitution (Officiorum), must obtain the previous consent of the Ordinary for publishing writings which treat of merely natural arts and sciences." And our Most Holy Lord Pius X declared the same in his Motu proprio of the day 18 Dec. 1903. A. S. S., 36, p. 344. - The Motu proprio Sacrorum Antistitum, n. IV, commands the second part to be observed more diligently. Cf. A. A. S., II, p. 662.

Vol. I, Appendix: On the Constitut…, Tit. II, CHAPTER IV: On Printers and Publishers of Books

n. ¶43.

"Let no book subject to ecclesiastical censure be printed, unless at the beginning it bears the name and surname both of the author and of the publisher, and besides the place and year of printing and edition. But if in some case, for just causes, the name of the author seems to be passed over in silence, the power of permitting this is with the Ordinary."

Only books ought to bring forth at the beginning the name of the author, etc. Therefore writings which do not reach the bulk of a book, and even periodical publications, are not touched by these prescriptions, as it seems.

n. ¶44.

"Let printers and publishers of books know that new editions of the same approved work require new approval; moreover this approval, bestowed on the original text, does not avail for its version into another idiom."

The S. C. of the Index, having been asked: "Whether chapters excerpted from periodicals and issued separately (commonly tirages a part) must be considered new editions and therefore need new approval," responded: Negatively (Nouv. Rev. Theol., 30, p. 510).

n. ¶45.

"Books condemned by the Apostolic See are to be considered prohibited everywhere among the nations, and into whatever language they may be translated."

n. ¶46.

"Any booksellers whatever, especially those who glory in the Catholic name, are neither to sell, nor lend, nor retain books treating professedly of obscene matters: let them not have the other prohibited books for sale, unless they have obtained permission from the Sacred Congregation of the Index through the Ordinary; nor let them sell them to anyone unless they prudently can judge that they are legitimately sought by the buyer."

Therefore the bookseller is not held to interrogate the buyer, but it suffices that from the circumstances of persons he can form for himself a prudent judgment concerning the legitimate petition of the buyer. - As regards obscene books, see art. 10.

Vol. I, Appendix: On the Constitut…, Tit. II, CHAPTER V: On the Penalties Established against Transgressors of the General Decrees

n. ¶47.

"All and singular persons knowingly reading, without authority of the Apostolic See, books of apostates and heretics defending heresy, and also books of any author whatever by name prohibited through Apostolic Letters, and retaining, printing, and in any way defending the same books, incur by the very fact excommunication reserved in a special way to the Roman Pontiff."

Cf. those things which we said n. 1315. Yet, according to some authors, the word printing may be interpreted more strictly than was done in the Constitution Apostolicae Sedis (n. 1316, 3), so that it is understood in the sense indicated n. 1355.

n. ¶48.

"Those who, without the approval of the Ordinary, print or cause to be printed books of the Sacred Scriptures, or annotations or commentaries on the same, fall by the very fact into excommunication reserved to no one."

See what was said n. 1355.

n. ¶49.

"But those who have transgressed the other things which are prescribed by these General Decrees, according to the diverse gravity of guilt, are to be seriously warned by the Bishop; and if it will seem opportune, they are also to be coerced by canonical penalties."

Back to n. 1248 B in the main text.

ADDENDA.

Editorial note. The corresponding main-text place, n. 1248 B, has been marked with a link to this Addenda entry; the full printed Addenda text is preserved here.

Page 782 n. 1248 B (up to the end), where there is question of the Bull of the CRUSADE, all things must be reformed according to the norm of the Apostolic Letters of 12 Aug. 1915. Cf. A. A. S., VII, p. 557.

These Apostolic Letters consist of diverse parts, in which various faculties are contained: namely Indults as regards indulgences, divine offices and burial, confession and commutation of vows, dispensation from irregularity and from the impediment of affinity and crime, convalidations and compositions of benefices, the law of abstinence and fast, and finally as regards private oratories. From these it pleases us to note only those things which pertain to the matter of fast and abstinence.

Note. For Lusitania and places subject to the dominion of Lusitania, an almost identical Indult, to be valid for ten years, was promulgated on 31 Dec. 1914. Cf. A. A. S., VII, p. 549.

I. Publication of the Indults (of the Crusade) and their use. The Indults conceded to the Spanish nation are to be published every year. The year is computed from the day of the publication previously made, up to the day of the new publication to be made.

Summaries (of these Indults) taken by the faithful are valid for their use during the whole aforesaid year. But the Indults are always understood to be prorogued, for the greater convenience of the faithful, to one entire month after the completed year from their publication.

All who are staying in the territory of Spain, or in any other territory whatever subject to Spanish dominion, enjoy the Indults, if however they take the Summaries. But they can use the Indult as regards the law of abstinence and fast both in Spain and outside Spain, provided scandal is absent.

For licit and valid use of the Indults, it suffices to take the Summaries. It is not necessary to subscribe in them one's proper name and surname. Nor is it necessary to have them with oneself, or to preserve them.

The tax, or alms, to be paid, is to be consigned at the foot of each Summary. Moreover let the faithful know that proceeds of this kind are destined principally for sustaining divine worship, for pious works of beneficence, and for sustaining the burdens of the Bull of the Crusade itself.

II. Indult as regards the law of abstinence and fast. 1. To all absolutely, on whatever day, and at whatever meal, it is licit to use condiments from any fat, from butter, from margarine, and other similar condiments; likewise it is licit to eat milk-foods and even eggs, in the same way, that is, on whatever day and at whatever meal.

Abstinence from meat and from meat-juice is to be observed only on Fridays of Lent, of the Four Times, and also on the three vigils of Pentecost, of the Assumption of the Blessed Virgin Mary into Heaven, and of the Nativity of Our Lord Jesus Christ.

Note. For Lusitanians, there are besides days of abstinence: the Fridays of Advent and the vigil of All Saints.

Fast will have to be observed only on Wednesdays and Fridays and also Saturdays of Lent, and on the vigils noted in the preceding paragraph 2.

The vigil of the Nativity is anticipated and remitted to the Saturday of the Four Times immediately preceding.

Nor is it forbidden to mix fish and meats in the same meal on days of fast and Sundays of Lent.

All can, from a reasonable and just motive, be dispensed by their own confessors from the law of abstinence and fast.

III. Conditions concerning the use of the preceding Indult.

With the Indult of paragraphs 1 and 2, the law of fast remains intact, or of one eating per day, for those who are held to fast, according to the third paragraph.

They do not enjoy the same Indult except only those who have taken the present Summary and the Summaries of indulgences and of divine offices, and have paid the taxed alms to be applied for the benefit of Seminaries and other pious ends assigned by the Holy See.

This Indult can be taken by a collective Summary for oneself and the whole family, extending to any familiars whatever, guests even for a very brief time, and table companions. That collective Summary has altogether the same effects if it is taken by the mother of the family.

The poor are not held to take the aforesaid Summaries, nor to give any alms, in order that they may enjoy the Indult as regards the law of abstinence and fast. But they are held, if they wish to enjoy the other Indults.

Regulars who by special vow are held to observe esurial foods throughout the whole year are altogether excluded from the same Indult, as regards the law of abstinence.

Merkelbach, Summa Theologiae Moralis

Benedict Henry Merkelbach, O.P. — 26 passages

Vol. I, Special Moral Theology, Treatise: On Divine Faith, Fourth Part: On the Vices …, Question Two: On Sins Indi…, Article III: On the Reading and Dissemination of Prohibited Writings

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:

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

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;

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:

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).

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

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).

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

"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).