Summa Theologiae Moralis, vol. I: De Principiis

769. Both by natural law and by positive law writings dangerous for faith or for Christian life are prohibited in different ways. — By natural law we are obliged to avoid every danger of grave moment for faith and morals; whence, apart from all human and ecclesiastical laws, it is regularly illicit to publish or to read writings dangerous for faith or good morals. Hence:

1) Bishops, parish priests, fathers of families, legislators, magistrates, teachers, etc. must use the greatest vigilance that harmful books be kept far from the eyes and hands of those for whom they must render an account to God (can. 1405, § 2; 1397, § 4).

2) Even if books be not prohibited by human and ecclesiastical law, they can nevertheless be dangerous and prohibited for a particular person by reason of a special danger, e.g. for a young person.

3) Whence, if books are not listed in the Index, they can be forbidden by natural law either generally or for a particular person.

4) And even if some have obtained the faculty to read prohibited books, or if the laws of the Index are not in force in some place, they nevertheless cannot read everything, if namely by their own nature they are dangerous for all, or if they know or experience that such reading is harmful to them, or proximately dangerous, e.g. if they do not know how to discern truth from error (can. 1405, § 1).

5) In this matter it is ordinarily expedient to follow the more rigorous opinions, says S. Alphonsus, when namely it is a question of avoiding a proximate danger of formal sin.

6) But furthermore by ecclesiastical law, e.g. of the Index, writings can be forbidden by name by the Holy Father or by a bishop¹ (can. 1395); and then, even if they were read without danger, they nevertheless remain prohibited: by natural law indeed they are prohibited on account of the very danger of perversion in particular, but by positive law on account of the presumption of common danger (n. 345, and can. 21).

Concerning this positive law of the Index and its general and special rules it is now to be treated in particular, which prohibits three kinds of writings, pertaining namely to Holy Scripture — or to faith and morals — or to worship, devotion and liturgy.

770. As regards Holy Scripture, by general rule, by the law itself are prohibited:

1) "Editions of the original text and of the ancient Catholic versions of sacred Scripture, even of the Eastern Church, published by any non-Catholics" (can. 1399, § 1).

2) "Versions of the same in any language, made or published by the same" (can. 1399, § 1).

3) "Books of Holy Scripture or annotations and commentaries on the same, if they have been published without observance of the prescriptions of the canons" (can. 1385, § 1, and 1399, § 5), i.e. without previous censorship even by laymen.

4) "Versions of Holy Scripture in the vernacular... unless they have been approved by the Apostolic See, or unless they are published under the vigilance of Bishops and with annotations¹, especially taken from the holy Fathers of the Church and from learned and Catholic writers²" (can. 1391 and 1399, § 5). This holds for editions after the year 1897: for the law does not have retroactive effect; before the year 1897, however, the bishop's approval was not required but a version with annotations sufficed for Catholic editions.

Note however a) the exception of can. 1400: "The use of the (aforesaid) books... is permitted only to those who are engaged in theological or biblical studies in any way, provided the same books have been faithfully and completely published and the dogmas of the Catholic faith are not impugned in their prolegomena or annotations." They are permitted namely to professors, and to students, and to those who, after completing their studies, continue to study Scripture; whoever namely habitually, not by a merely passing act, whether in schools or privately, pursues these studies;

b) that there is no longer any prohibition of reading Scripture in the vernacular, nor any obligation of seeking permission from the parish priest or confessor, provided the edition is approved.

771. As regards faith and morals, by general rule, by the law itself are prohibited:

1. That which must be taken jointly (com. int. 20 May 1923). — Versions with annotations seem to be assimilated to paraphrastic versions.
2. Annotations which set forth profane knowledge: geography, archaeology, etc., may be drawn from profane authors.

1) "Books of any writers (even Catholics), propagating heresy or schism² (i.e. not only enunciating them in passing, briefly and as if doing something else, but attempting to persuade by reasons added, proving or defending them); — or striving in any way (whether directly, by reasons, or indirectly, by insults, or by serious imagination, or even by jokes and derisions) to overthrow the very foundations of religion" (can. 1399, § 2).

Heresy is an error against the Catholic faith. By schism is understood a perfect and complete schism, by which one refuses obedience to the Holy Father; not however simple disobedience, nor contempt of a particular law, nor rebellion against a bishop. The foundations of religion are preliminary truths of the natural order which ground the Catholic religion (e.g. the possibility of miracles, prophecy, revelation, or motives of credibility in general, etc.) or ground every religion (e.g. the existence of God, the spirituality of the soul); hence books propagating atheism, pantheism, scepticism, agnosticism, positivism, theosophy (16 June 1919), and many modern philosophical works are prohibited.

2) "Books which deliberately attack religion (Catholic, or at least natural) or good morals" (can. 1399, § 3), i.e. they do not touch on them in passing but impugns them professedly or from intention and of set purpose, which can be manifested either explicitly or by multiplied attacks because it is done in a notable part, e.g. several times, or through several pages or an entire chapter.

Hence sectarian writings are prohibited, and many socialist ones, and those which habitually narrate or describe immoral things.

3) "Books of any non-Catholics (namely apostates, heretics, schismatics, or unbaptized) who treat ex professo (i.e. with the intention of teaching, principally, in a notable part, e.g. one chapter) of religion; unless it is clear that nothing (of any moment) against the Catholic faith is contained in them" (can. 1399, § 4).

Books of non-Catholics treating of sacred doctrine, of dogmatic or moral matter, of canon law or ecclesiastical history, of philosophical truths which are the foundation of religion and theology are presumed to be erroneous and dangerous in faith, unless the contrary is clear, as e.g. for Leibniz: "Systema theologiae", for Hugo Grotius: "De Religione". They are therefore not to be read without previous information. — On the contrary, the works of Catholics who later became heretics.

4) "Books which in any way (even in a single instance) (not only deny but also) attack (with arguments) or deride any of the Catholic dogmas, — which uphold errors proscribed by the Apostolic See (whether immediately by the Holy Father or mediately by a Sacred Congregation with pontifical approval, e.g. the errors of the Syllabus: so S.C. Ind., 23 May 1898) (i.e. defend them ex professo), — which detract from divine worship (not in passing but notably, so that its fame is harmed or it is held in less esteem), — which strive (i.e. intend ex professo to change and to shake) to overthrow ecclesiastical discipline (e.g. celibacy, the Index), — and which deliberately (studiously, deliberately, of set purpose) attack with insults (or contumelies) the ecclesiastical hierarchy (whether of order or of jurisdiction), or the clerical or religious state (not as private persons but because they belong to the hierarchy or state)" (can. 1399, § 6).

5) "Books which teach (that others may learn and do) or commend any kind of superstition, sortilege, divination, magic, evocation of spirits, and other things of the kind" (can. 1399, § 7).

Such are those which teach the effects of the demon, methods which would be known to be insufficient without the intervention of the demon, or true spiritism whereby the evocation of spirits or commerce with them is intended, — but not books which set forth merely natural occultism.

6) "Books which hold as licit (laid down in conscience) (i.e. they do not merely affirm in passing but attempt to demonstrate by reasons) dueling, or suicide, or divorce (not only the civil contract but the bond of marriage itself), — which, treating of Masonic sects or other societies of the same kind, contend that they are useful and not harmful to the Church and to civil society" not incidentally but in a notable part (can. 1399, § 8).

Societies of this kind are clandestine sects such as the Carbonari, the Nihilists, the Anarchists, etc., even the Fenians (S. O. 12 Jan. 1870), — but not the Socialists who form a political sect, unless however they secretly unite to overthrow the State.

7) "Books which treat, narrate (vividly so as to allure, e.g. pornographic books), or teach, i.e. theoretically approve, e.g. free love, Malthusianism, contraceptive means (can. 1399, § 9), lascivious or obscene matters ex professo (not in passing, but principally, or directly and notably). — Not however theological, scientific, surgical works, unless under the pretext of science they appear written to feed nefarious curiosity or to excite venereal appetite.

Note that formerly there was an exception in favor of teachers for obscene classical works, but this has been removed. Hence if a professor, or judge, or newspaper writer, or official, must read an obscene book ex officio, let him seek permission; if however he must immediately read it, he could suppose, for this sole case, that the law does not bind and that its obligation here and now ceases.

772. As regards worship, devotion, liturgy, by general rule, by the law itself are prohibited:

1) "Books and booklets which narrate new apparitions, revelations, visions, prophecies, miracles (as supernatural) (i.e. not in passing through a grating but ex professo or in a notable part), or which introduce new devotions (notably different from the ancient and approved ones), even under the pretext that they are private, if they have been published without observance of the prescriptions of the canons" (can. 1399, § 5).

This holds for books published after 1897, for the law has no retroactive effect. Books of prayers, of devotion, or of theological and religious, moral, ascetic or mystical instruction, are no longer prohibited: without approval they can also be read and retained. Neither does the canon hold for apparitions approved by the Church, such as that of the B. V. M. Immaculate at Lourdes, the revelations of S. Brigid, of S. Margaret Mary, etc.

But many have been reprobated for their novelty: the cult of the Blood of Mary (13 Jan. 1875), the title of Friend of the Sacred Heart of Jesus (4 May 1892), the title of B. V. M. Lady of the Sacred Heart because she exercises empire over the Son (23 Feb. 1875), the special cult to be given to the Face of the Redeemer in the manner proposed by the priests of the Holy Face (4 May 1892), the title of the Sacred Heart of Jesus Penitent (9 July 1893), the prayer for the empire of Christ and of Mary Immaculate over all creatures (19 June 1895), the private cult of the divine hands of Christ (17 Apr. 1896 ind.), the image of the Eucharistic Heart of Jesus (27 May 1891), the image of the B. V. M. clothed in sacerdotal vestments (8 Apr. 1916).

2) "Editions of liturgical books (e.g. missal, breviary, ritual, pontifical and ceremonial of bishops) approved by the Apostolic See, in which anything has been changed, so that they do not agree with the authentic editions approved by the Holy See" (can. 1399, § 10).

3) "Books by which apocryphal indulgences or those proscribed or revoked by the Holy See are made known" (can. 1399, § 11). Hence even small leaves with apocryphal indulgences are prohibited (can. 1388, § 1).

4) "Images impressed in any way (by typography properly so called, engraving, photography, lithography, phototype, etc.) of Our Lord Jesus Christ, of the B. V. M., of Angels and of Saints or of other Servants of God, alien from the mind and decrees of the Church" (can. 1399, § 12).

Statues or painted images are not prohibited³; nor artistic images whose principal end is to reproduce art; but pious ones, destined for public or private worship. Nor are they prohibited when they are merely not approved, but when they are new. Whether coins are comprised is uncertain, because they are rather struck than printed.

773. What is prohibited under the name of books? — Under the name of books do not come manuscripts (even lithographic or polygraphic) unless they are published and made of public right, being handed over or sold; but "what... is prescribed about books applies to publications, newspapers, periodicals and any other published writings, unless the contrary is clear" (can. 1384). Hence:

1) Periodicals, encyclopaedias, etc., if the general rules of the Index are touched upon in passing, in one or another article, are not considered prohibited; — on the contrary, if ordinarily or in a notable or greater part they have such as their object: then not only the fascicles collected into a volume but each one also is a prospectus. However, separata from periodicals (tirés à part) are not prohibited, which contain things good or indifferent.

2) If a prohibited work consists of several volumes, all are prohibited, if they treat of the same subject and that indivisibly; only the volume which contains the error or dangerous part is prohibited, if different volumes treat of different subjects, or of the same indeed but divisible, as is e.g. a universal history, because in this case they are considered different books.

3) A book prohibited on account of only some passages, — provided it is certain, — if this part be removed so that it cannot be read, is no longer prohibited.

4) Mere citations from a bad book, especially for the purpose of refuting them, are not prohibited; unless they are so long that they would be a reproduction.

774. Special prohibition of writings. — Besides books prohibited by the general rules, others also are specially and by name listed in the Index, or otherwise prohibited by the Apostolic See. This prohibition effects

1) that all editions already made are prohibited, unless the prohibition is limited to a particular edition⁴; likewise all future editions "unless, with corrections made, he gives permission who prohibited the book or his superior or successor" (can. 1398, § 2);

2) that all are prohibited in versions, for "the prohibition of books has this effect, that the book without due permission... cannot even be translated into another language..." (can. 1398, § 1), unless however only the version has been listed in the Index;

3) that all the works, if the works of any author are prohibited, are understood to mean not the later, but the earlier ones which exist at the moment of condemnation. From the preface of the Catalogue of the Index published in the year 1940 we further have that "when the opera omnia of any writer are condemned, all and singular the works of the same are considered condemned" and not only those which are prohibited by the general rules. Which norm, since it is modifying, has no retroactive value, so that for condemnations issued before the day of 2 January 1940 opera omnia are only those which are prohibited by the general rules. There is however a presumption and suspicion against others, whence in practice they are to be subjected to examination.

4) that if love stories of any one are all prohibited, they are understood to mean all and singular also, if the condemnation was issued after the year 1940; otherwise only those which are prohibited by the general rules.

5) that chrestomathies are also prohibited if they reproduce one or several for the greater part condemned writings.

775. To what precisely does the law of prohibition oblige? — The aforesaid laws oblige the faithful (not cardinals, bishops, ordinaries according to can. 1401), and indeed under grave obligation, because the end to be warded off from the faithful, the danger which threatens from reading, is graver, and for this end the law contributes much; which is also clear from the penalties. It obliges the faithful, so that

a) they are bound everywhere on earth (can. 1396), unless however a special indult has been obtained somewhere;

b) even those for whom there is no danger (can. 21);

c) and so that "the book without due permission cannot be published, read, retained, sold, nor translated into another language, nor communicated in any way to others" (can. 1398, § 1).

One cannot

1) publish it, i.e. make it of public right, which is done by: the author if he delivers the book to that end that it be published, the editor who takes care to publish it, and the owner of the typographical press who undertakes to print it; — not however, probably, the correctors or the typographers themselves;

2) nor read it in the proper sense, which is done by those who with their own eyes running over the book understand what has been written, — not however by those who hear another reading, nor those who recite from memory, nor those who with their own eyes running over it through ignorance of the language do not understand, nor probably those who hear the reader whom by prayers or command they have induced to read.

There is grave matter and mortal sin a) by reason of quality, when a very bad passage is read, or an article in newspapers, even if it fills only one or another page; b) by reason of quantity, if one reads indiscriminately everything, or a notable part of a writing of unknown nature, because one exposes oneself commonly to great danger: what a notable part is, is difficult to determine, whether 6, 10 or even perhaps 20 pages, according to the badness or bulk of the writing and the gravity of the danger; for newspapers however there is a custom of reading; c) to read what is certainly innocent, not only for the reader but by its own nature and commonly for all, is venial, unless there is danger of contracting the habit and reading other things; d) it is venial to read that which is only prohibited because it has been published without approval;

3) nor keep it, which is done by: either the owner who keeps his book with himself, even if he does so not for reading but for mere ornament, even if he does not understand the language, — or the depositary who keeps another's book with himself, — or the depositor who keeps his own with another, provided he does not deposit it with the pact of not recovering it except after obtaining permission; — not however the bookbinder (at least if it is not done for a long time), nor the keeper or librarian, provided he does not remove the books and transfer them to his own house.

It is a grave sin to keep it for a notable time, e.g. for several weeks or for a month; if however one awaits an opportune occasion of seeking permission, the books can be retained for somewhat longer;

4) nor sell it. Hence can. 1404: "Sellers of books are not to sell, readily retain, books which treat of obscene matters ex professo; nor are they to have other prohibited books for sale, unless they have obtained due permission from the Apostolic See, nor to sell them to anyone, unless they can prudently judge that the buyer has legitimately sought it." They also sell who procure the book;

5) nor translate it into another language;

6) nor communicate it to others, e.g. by propagating, lending, renting, etc. (can. 1403, § 2).

776. Penalties on transgressors. — Penalties are also inflicted on some transgressors, namely according to can. 2318:

1) "Those who, by a public work having become of public right, editors (i.e. those who make the book of public right and take care to publish it, as ordinarily are the author and the owner of the typographical press) of books of apostates, heretics and schismatics (not however Catholics, who propagate apostasy, heresy, schism (with arguments added); — likewise defenders of these same books or of others (of any writer even Catholic) by Apostolic letters (in the form of bull, brief, encyclical, etc., not by a mere decree of the Index, but by the Holy Father himself) by name (so that the proper title is expressed and not only the name of the author) prohibited (in deed or word, privately or publicly, concealing e.g. the book so that it is not denounced, persuading it to be unjustly condemned, bestowing praise on the doctrine, physically or morally impeding the destruction of the book), — or those who, knowing (so that ignorance excuses, even crass, but not affected), without due permission read or retain" — incur ipso facto excommunication reserved to the Apostolic See in a special manner.

2) "Authors and editors who without due permission take care that the books of sacred Scripture or their annotations or commentaries be printed, incur ipso facto excommunication reserved to no one."

In which, in contrast to title XXIII, can. 1384, § 2 (n. 773), books are to be understood in the stricter sense, namely writings published by the press which consist of some volume and are not so small in weight of bulk, that they are wont to be called by another name rather than books. Periodicals are therefore not comprised, — nor periodicals, or small fascicles, unless these are bound together into one (S. Off., 3 Jan. 1892).

777. The following can prohibit books: the Holy Father; the Sacred Congregation of the Holy Office, to which the Index of books now pertains, per se; per accidens other Congregations over books of matter competent to them; — particular Councils; — Ordinaries of places⁵ (can. 1395); whence can. 1403, § 1:

«They who have obtained the apostolic faculty of reading and retaining prohibited books, cannot therefore read any books proscribed by their own Ordinaries, unless in the apostolic indult the power of reading and retaining books condemned by any has been expressly granted to them.»

Likewise those who have obtained this general permission of reading books listed in the Index, or the faculty of granting it, cannot therefore read, or grant general permission of reading, writings prohibited by the motu proprio of the Holy Father, as is clear from the recent declaration concerning the well-known prohibited periodical: L'Action française, years 1927-39; but these must altogether obtain a special one.

The power of granting permission to read belongs to those who prohibited the books, their superiors and those delegated by them for this purpose. Hence Ordinaries do not have power per se to grant general permission to read books condemned by the Apostolic See, but only if they receive a special faculty; however in this matter can. 1402 is to be observed:

«§ 1. Ordinaries can grant permission, as regards books prohibited by the law itself or by decree of the Apostolic See, to their subjects only for individual books and only in urgent cases.»

§ 2. If they have obtained from the Apostolic See a general faculty of permitting their subjects to retain and read proscribed books, let them grant it with selection and with just and reasonable cause.

Which faculty of reading, since it is a personal privilege, is valid everywhere.

778. Publication and censorship of books. — For the publication of certain writings also, previous censorship or permission is required: A. For all, even laymen, according to can. 1385:

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

1° Books of sacred Scripture or annotations and commentaries on the same;

2° Books which treat of sacred Scripture, sacred theology, ecclesiastical history, canon law, natural theology, ethics or other religious and moral disciplines of this kind; books and booklets of prayers, of devotion and of religious, moral, ascetic, mystical instruction and doctrine, and other things of this kind, although they seem to conduce to fostering piety; and in general writings in which there is something that particularly pertains to religion and the honesty of morals;

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

§ 2. The permission to publish the books and images mentioned in § 1 can be given either by the proper local Ordinary of the author, or by the Ordinary of the place in which the books or images become of public right, or by the Ordinary of the place in which they are printed, in such a way 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 the other.

B. Especially for religious and clerics:

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

Clerics are forbidden, without the consent of their Ordinaries, and religious without the permission of their major Superior and of the local Ordinary, to publish even books which treat of profane matters, and to write in or moderate newspapers, leaflets or periodicals (1386, § 1).

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

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

b) for authentic collections of prayers and pious works to which the Apostolic See has attached indulgences, the catalogue of apostolic indulgences, and summaries of indulgences either now collected for the first time, or not yet approved (can. 1388, § 2);

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

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

2. sometimes the permission of him who prohibited, namely:

for prohibited writings (can. 1398, § 2).

3. sometimes the permission of the local Ordinary:

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

b) for indulgence books, summaries or leaflets 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 bring them into agreement with the approved edition (can. 1390);

d) for versions of Holy Scripture with annotations to be published in the vernacular (can. 1391).

779. Observations. — 1°. "The approval of the original text of any work neither favors its translation into another language nor other editions; whence both translations and new editions of an approved work need to be fortified with new approval" (can. 1392, § 1).

2°. "Excerpts from periodicals published separately under their own head are not considered new editions and therefore do not need new approval" (can. 1392, § 2).

3°. "Permission, which gives the Ordinary the power to publish, is to be granted in writing, to be printed at the beginning or end of the book, leaflet or image, expressing the name of the grantor, and also the place and time of the concession" (can. 1394, § 1).

In this however one can sometimes, for just cause, be dispensed, or a great inconvenience excused; nay, says Vermeersch, Th. M. III, n. 896, for many writings, truly of lesser bulk or moment, it is practically admitted that there be merely placed: "with ecclesiastical approval".