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.

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.

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.

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.

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.)

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

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.

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.

Distinctions to be made

124. 1. By this article those who glory in the Catholic name are distinguished from the common class of sellers; and books treating expressly of obscene matters are distinguished from the common prohibition of books. Account must be taken of these distinctions in the commentaries.

Who booksellers are

2. All booksellers whatsoever. Therefore the general precept is directed to all, however many, who are accustomed to sell books, whether in their own shops, or in rented stalls, or by walking through streets and squares, or by holding auctions. For all these are booksellers.

What it is to glory in the Catholic name

3. Especially those who glory in the Catholic name. Such are not those who in their private life adhere to the Catholic faith, but those who openly display themselves as being Catholics, and most of all those who adorn shops with the Catholic name: librairie catholique.

Reason of the special precept

Why a peculiar precept is directed to them, the chief cause does not seem to be that they are hoped to be more teachable, but because by a special danger of scandal they are prohibited more than the rest from violating these precepts.

Concerning obscene books

4. They are simply prohibited from selling, giving on loan, retaining books treating expressly of obscene matters.

What sort these books are, cf. above, n. 72.

What if the works are classics

What if they have been classics? They indeed will not be able in themselves to retain these, unless, from article 10, they are excused by reason of office or teaching. Nevertheless they will be able prudently to procure those works for those to whom it is permitted to read them.

Concerning other prohibited books

5. In order that they may have the rest of the prohibited books for sale, they need permission, which is to be obtained from the Sacred Congregation of the Index through the Ordinary.

What is it to have books for sale?

But they have books for sale both who equip their shops with them for the sake of selling, and who propose books, bought from all sides in their own name, to be bought either at a price defined in a catalogue (livres d'occasion) or sell them at public auction (vente publique) through auctioneers.

Therefore they need seek no peculiar license in order accidentally, or from a special mandate, to buy the same works when they are about to sell them.

To whom they can sell

6. But whether they have their shops habitually equipped with these works, or whether they execute a special mandate, they cannot sell prohibited works here and there, with no selection of persons made, but only to those whom they can prudently judge legitimately to be seeking them.

Therefore they must not specially ask buyers concerning a license; but it suffices that, their quality having been considered, it appear probable that they legitimately seek them. For a broader obligation would impose too disagreeable a burden on booksellers. Moreover, a proportionate cause will also be able to excuse them if they sell a work to others, especially to those to whom the faculty of reading would not be denied by the Holy See.

Concerning an auction held in another's name

But can they hold an auction in another's name, of which prohibited books are a part, for example, pertaining to the library of a deceased person? Heymans¹ now seems to indulge this. Except, unless we are mistaken, those obscene books which are not commended by elegance of speech, so that morally they have no lawful use. Then at least a graver cause will be required in order that you cooperate in this sale. But concerning an official who from office presides over an auction, the Sacred Congregation de Propaganda Fide responded, June 26, 1820, that he is not bound to investigate whether among the goods ... there are found books of heretics or others containing obscene matters. "But if by chance he has known this, and can impede bad books from coming to bidders who will abuse them, let him indeed do this, etc." Cf. Collectanea Prop. Fidei, n. 1874.

The rest are governed by natural law

6. Besides this precept, which obliges booksellers and regards the sale of all prohibited books, and, however, the lending of obscene ones, acts of selling or giving on loan are governed by natural law alone, whose force we weighed above, n. 47, 59, 60.

¹ Cited work, n. 356.