Most Reverend Joseph M. Pernicone, D.D.

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St. John's University School of Law

The Catholic Lawyer Volume 3 Number 4 Volume 3, Autumn 1957, Number 4 Article 3 April 2016 Church Prohibition of Books Most Reverend Joseph M. Pernicone, D.D. Follow this and additional works at: https://scholarship.law.stjohns.edu/tcl  Part of the Catholic Studies Commons Recommended Citation Most Reverend Joseph M. Pernicone, D.D. (1957) "Church Prohibition of Books," The Catholic Lawyer: Vol. 3 : No. 4 , Article 3. Available at: https://scholarship.law.stjohns.edu/tcl/vol3/iss4/3 This Symposium Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact selbyc@stjohns.edu. CHURCH PROHIBITIONOF BOOKSMOST REVEREND JOSEPH M. PERNICONE, D.D.*LAWYER ONE DAY asked our Lord this question: "Master, what mustI do to gain eternal life?" He answered: "What is written in the Law?How dost thou read?" The lawyer answered and said, "Thou shalt lovethe Lord thy God with thy whole heart, and with thy whole soul, andwith thy whole strength, and with thy whole mind; and thy neighbor asthyself." Our Lord approved this answer and said: "Thou hast answeredrightly; do this and thou shalt live."'In preparing this article on the "Church Prohibition of Books," I havekept in mind this fundamental duty of every man. It is well that my readerdo likewise so that he may see in the book legislation of the Church anotherindication of the fidelity with which the Catholic Church fulfills her mis-sion of bringing souls to God and of aiding them on their way to Heaven.For, if she demands that books on faith and morals be submitted to herapproval before their publication; and if she forbids literature that isopposed to faith or morals; she does this in order that the faithful may moreeasily carry out the fundamental commandment of God enunciated aboveand thus gain eternal life.The Written WordToday, a tremendous war is going on between all the forces of evil onone side and religion and morality on the other. One of the most powerfulweapons in this struggle is the written word. Writings in every style, size,and language, are pouring out of the printing presses every day either to*A.B., St. Joseph's Seminary (1928); J.U.L., Catholic University (1931); Auxiliary-Bishop of the Archdiocese of New York.J Luke 10:25-28.CHURCH CENSORSHIP OF BOOKSdestroy or to build up the sacred things oflife. The Church, conscious of this fact, inthe present as in the past, has issued lawsand decrees so that the evil effects of thegodless and immoral press might be pre-vented or at leastminimized, andthe good accom-plished by theCatholic pressmight increase.Thus we havea legislation whichregulates the cen-sorship of certainbooks before pub-lication and con-J. M. PERNICONE, D.D. demnation andprohibition of other books already pub-lished. In this article we shall not treat thesubject of prior censorship of books. Weshall limit ourselves to a summary presen-tation of the rules which govern the pro-hibition of books.2Books Affect MenWe need not give a list of argumentsshowing that books can endanger one'seternal salvation. Convinced as we are thatreligion and morality are essential for manto reach his final end, and knowing thatbad literature is a positive hindrance inman's efforts to know and fulfill his religiousand moral duties, we deem it unnecessary togive a lengthy presentation of these facts.Indeed, the very intention of those whowrite, the dispositions of the average reader,the nature of printed works which, in truth,are the constant companions and the skill-2 A fuller treatment of the subject will be found inmy work, The Ecclesiastical Prohibition of Books.We also recommend the more recent work, Whatis the Index? by Redmond A. Burke, C.S.V.. Ph.D.ful teachers of men, as well as the food oftheir minds - experience and history as well- prove beyond doubt that books, maga-zines, newspapers and all kinds of publica-tions wield a tremendous power over theminds and lives of men, influencing theirpresent welfare and their future destiny.Law of NatureIf the Church had enacted no laws onbooks we would already be bound to ob-serve the law of nature and, therefore, torefrain from reading any work or workswhich might endanger our eternal salvation.Indeed, this natural law binds everyone atall times; so that, even though in a givencase the Church law does not prohibit acertain book or article but the reader findsit dangerous to himself, he is bound by thenatural law to refrain from reading it.Law of the ChurchHowever, in a matter of such great im-portance, the Church could not keep aloof.She was established by Jesus Christ to con-tinue His work of saving mankind, 3 and tothis end, she was given supreme powers toteach, rule and sanctify men.4 The Church,then, has not only the right but also theduty to promote and encourage all thathelps men towards their eternal salvation,and to forbid all that hinders them in theattainment of their destiny. Since godless,immoral and otherwise pernicious writingsare dangerous, the Church must strive tokeep them away from the faithful.It is for this reason that, since her in-ception, she has always acted promptlyand effectively in condemning and prohibit-ing evil books. Thus, to give only a few3 John 3:17.4 John 20:22; Matthew 28.examples, in the presence and very probablyat the request of St. Paul, the Ephesiansburned many valuable but dangerous booksin the first century; the Acta Pauli was con-demned in the second century; Thalia awork of Arius, in the Council of Nicea in325; the books of Origen and Asceticonand other books listed in the DecretumGelasii, in the fifth century; and other pro-hibitions which followed in the succeedingcenturies. Stricter and more extensive regu-lations were made after the invention of theprinting press, for, while at first hailed andused as a great means of spreading thetruth, it became soon the tool of much evil.In the sixteenth century, with the adventof Protestantism, new laws were enacted.The first Roman Index of Prohibited Bookswas published by Paul IV in 1559. Subse-quently the Council of Trent revised thoselaws and likewise the Index. New laws wereenacted, and changes made in the old laws,by Pontiffs of the following centuries, espe-cially in 1897 and 1900, by Leo XIII, whomade a thorough revision of the laws onthe Prohibition of Books and of the Index.Today, the entire Church legislation onthe Prohibition of Books is contained in theCode of Canon Law and in the Index ofProhibited Books.What Books Are Forbidden?From time to time the Church has for-bidden and does forbid certain harmfulbooks by name. All the works thus con-demned are placed in the Index of Pro-hibited Books. But the number of dangerousand evil works coming daily from the print-ing presses of the world is so vast that itis impossible to condemn each evil book orpublication by name. Therefore, the Churchhas laid down general rules for judging thebooks or works she forbids. These general3 CATHOLIC LAWYER, AUTUMN 1957rules are found in canon 1399 of the Codeof Canon Law.We are forbidden to read or to haveany book which the Church has placed inthe Index or which falls under one or an-other of the general laws of the Church pro-hibiting books. No other book is forbiddenunless we feel that it is dangerous to us(natural law) or it is condemned by ourBishop. Thus, it is a mistake to think thatas long as a book is not found in the Indexit is not forbidden. We must consider alsothe general laws of the Church in thismatter and, in addition, our own conscience,which may be harmed by a book apparentlyharmless.General LawsThe following books are forbidden bythe general law of the Church:1. All editions of the original text ofthe Sacred Scriptures, and of the old Catho-lic versions of the same- of the Easternas well as of the Western Church - pub-lished by non-Catholics; also all translationsof the same Scriptures into any language,made or published by non-Catholics.2. Books of any writer, defending heresyor schism, or tending in any way to under-mine the very foundation of religion.3. Books which of set purpose attackreligion in general, or the Catholic religionin particular, or morality.4. Books of any non-Catholic treatingof religion ex professo, unless it is certainthat they contain nothing contrary to theCatholic faith.5. Books of the Sacred Scriptures andvernacular translations of the same, theirannotations and commentaries, and allbooks and pamphlets or magazines whichgive an account of new apparitions, revela-CHURCH CENSORSHIP OF BOOKStions, visions, prophecies, miracles, or intro-duce new devotions, even under the pretextthat they are private -if they were pub-lished without the canonical requirements,i.e., censorship and approval of the ecclesi-astical authorities.6. Books which attack or ridicule anyof the Catholic dogmas, which defend errorscondemned by the Holy See, which treatdisparagingly of divine worship, whichstrive to overthrow ecclesiastical discipline.and which deliberately and systematicallyuse opprobrious language in treating of theecclesiastical hierarchy or of the clericalor religious state.7. Books which teach or encourage anykind of superstition, fortune telling, sorcery,magic, evocation of or communication withspirits and similar practices.8. Books which declare duelling, sui-cide, or divorce licit, or in treating of themasonic or other similar sects (e.g., an-archistic, communistic societies), contendthat these are useful and not pernicious tothe Church and civil society.9. Books which treat of, describe orteach impure and obscene things ex pro-fesso.10. All editions of liturgical books, ap-proved by the Holy See, in which any alter-ations have been made, in such a way thatthey are no longer the same as the authenticeditions approved by the Holy See.11. All books which spread a knowledgeof apocryphal indulgence or indulgencesproscribed or withdrawn by the Holy See.12. Images, in whatever manner printedof our Lord, the Blessed Mother, the An-gels, the Saints and other Servants of God,if they depart from the meaning and decreesof the Church.Meaning of "Books"Whenever the Church prohibits a certainclass of "books," she intends to forbid notonly "books," strictly so called, but alsoany kind and style of publication, such asmagazines, pamphlets, newspapers.A book, pamphlet, magazine or news-paper is forbidden for defending heresy,or schism, or for attacking religion, moralityor any of the teachings and practices of theChurch only when that is clearly its chieftendency and purpose, or at least the workis vitiated by frequent attacks and slursupon religion or morality; or even by onelengthy chapter of the kind that it must beclassed with the prohibited publications.A passing remark here or there in a bookor other publication, even though offensiveto the Church, does not make the work for-bidden.Likewise, the translation by a non-Catho-lic of a Catholic religious book, in whichthe Scriptural quotations are taken fromthe Authorized or any other Protestantversion of the Bible, is not forbidden. Simi-larly, no prohibition exists for works ofCatholic authors in which they quote partsof forbidden books for the purpose ofcriticizing them.Prohibition and PermissionUnless permission is obtained, no onemay publish, read, keep, sell, translate aforbidden book, or pass it on to others inany way whatsoever. Priests as such arenot exempt. The only exemptions made bythe Code are in favor of Cardinals, Bishops,and other Ordinaries, who are not bound bythe Church prohibition of books (providedthey take the necessary precaution) andin favor of persons engaged in theologicalor biblical studies. The latter may read aforbidden edition of the Sacred Scriptures,provided it renders the original with fidelityand integrity, and in its preface or notes noattack is made on the Catholic faith. Thisexemption applies to all scholars given tothese sciences, students of theology or Scrip-ture in colleges, theological seminaries anduniversities; also to all priests, who in ac-cordance with the prescriptions of CanonLaw continue their sacred studies aftertheir ordination; finally it applies to anyone, cleric or layman, who gives himselfseriously to theological or biblical studies inany way whatever, e.g., to prepare for anexamination, to write an essay, to deliver asermon, etc.All persons not expressly exempt by thelaw must obtain permission before theymay legitimately read a forbidden book.Permission to read, keep or in any wayuse books forbidden either by the generallaws of the Church or by the Index, can begranted only by the Holy See and by thoseto whom the Holy See has given thatfaculty, e.g., Nuncios, Apostolic Delegates,Residential Bishops and other Prelates withquasi-episcopal jurisdiction are empoweredby the Code to give this permission to theirsubjects, but only for specified books and inurgent cases. If, however, they have facul-ties to give general permission to their sub-ject§ to read and keep forbidden books,they must give their permission not promis-cuously and for only just and reasonablecauses. In practice application for thispermission is made to one's Bishop, throughthe pastor or confessor. 5Permission to read and keep forbiddenbooks does not exempt the receiver fromthe prohibition of the natural law not toCODEX IURIS CANONICI, Can. 1402.3 CATHOLIC LAWYER, AUTUMN 1957read books which are for him a proximatespiritual danger. Moreover, those who arepermitted to read forbidden books have aserious obligation in conscience to guardthose books (e.g., under lock and key) sothat they will not fall into the hands ofothers.In case of urgent necessity, when it is im-possible to obtain permission and is impera-tive that one read a forbidden book atonce, permission may be presumed.Duties of BooksellersBooksellers may not sell, lend or keep instock books explicitly dealing with lewd andlicentious things. This prohibition is abso-lute. Concerning all other prohibited worksthe Code orders booksellers not to exposethem for sale unless they have obtained per-mission from the Holy See, but permitsthem, by implication, to keep secretly or toprocure such works and sell them to a cus-tomer who, in their own prudent judgment,is lawfully entitled to have them.Extension of ProhibitionBooks condemned by the Holy Seethrough the Index or the General Rulesmust be considered forbidden everywhere,even when translated into a language dif-ferent from the original. It makes no dif-ference whether they were published beforeor after the Code.When a book is condemned, all itsparts are forbidden. However if the partscontaining the cause of its condemnationare removed, the book ceases to be for-bidden. If the work consists of several vol-umes formally united, i.e., a novel, all thevolumes are prohibited. If, however, eachvolume of a work treats of a different sub-ject, e.g., one deals with r~ligion, the otherswith philosophy, history, etc., or they allCHURCH CENSORSHIP OF BOOKStreat of the same subject in a divisible way,e.g., dogmatic theology in several volumes,each one containing a distinct treatise, theneach volume is to be judged by itself.Anthologies, readers, historical sourcebooks or other similar kinds of publicationswhich contain, among their many selections,parts of condemned books, are not, on thataccount forbidden. They are to be con-sidered as entirely new works with theircompiler as their author, and judged ontheir own merits, according to the generalrules found in canon 1399.Mortal Sin6Any violation of these laws which wouldbe seriously dangerous to the ordinary per-son, is considered grave. Accordingly it ismortally sinful to publish a bad book, tokeep a forbidden book over a month, or toread from it about six octavo pages of avery harmful nature or about thirty pagesof a less dangerous character.PenaltiesNot every one who violates the Churchlaw on forbidden books is excommunicated,but only the following:Publishers of the books of apostates,heretics, and schismatics which advocateapostasy, heresy and schism, incur ipsofacto an excommunication specially re-served to the Apostolic See, from the dateof publication. The same penalty is incurredby those who defend or knowingly andwithout the necessary permission read orkeep these books or others prohibited byname in Apostolic Letters. The books pro-6 2 NOLDIN-SCHNITT, SUMMA THEOLOGIAE MOR-ALIS N. 707 (1951).hibited by Apostolic Letters are markedwith a cross ( +), in the Index of ProhibitedBooks. However, this excommunication isincurred only when the Apostolic Lettercondemned the book by name and underthe pain of excommunication reserved tothe Supreme Pontiff. No such penalty isincurred when the condemnation camefrom a Congregation, even though the de-cree was approved by the Pope or wasissued at his command. An Apostolic Lettercomes directly and immediately from theSupreme Pontiff, generally in the form ofa Brief, a Bull or an Encyclical.Authors or publishers who, without thenecessary permission, cause books of HolyScripture or notes or commentaries on themto be printed, incur ipso facto a non-re-served excommunication. No excommuni-cation can be incurred unless the culpritin all the above cases is guilty of mortal sin.ConclusionIn view of all that has been said, everyCatholic, whatever be the degree of hislearning or the position he holds, is obligedin conscience to observe these laws. More-over each one of us should use all his in-fluence and power to assist the Church inthis great task of preserving the Faith andthe morals of our people by the promotionof good literature and the avoidance andelimination of evil literature.In this manner we shall prove our sincereintention to love God with our wholeheart, with our whole soul, with our wholestrength and with our whole mind; and ourneighbor as ourselves - and thus meriteternal life.

Church Prohibition of Books

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Church Prohibition of Books

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