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 CENSORSHIP

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CENSORSHIP

The most important addition to this new index was the Bull "Sollicita ac Provida" (9 July, 1753), which, for the Congregations of both the Inquisition and the Index, uniformly regulated and definitively settled the whole method of conducting cases concern- ing literary productions. Even now this Bull fur- nishes the principal directions for all decisions con- cerning the prohibition of books. Benedict XIV stales as his motive for publishing this constitution the many unjust complaints against, the prohibition of books as well as against the Index. All such com- plaints, even in our own times, are best refuted by this Bull. In the following century neither index nor censorship underwent substantial changes. Quite spontaneously, however, the prescriptive law was formed to no longer submit, for ecclesiastical censorship all books and writings, but only theological and religious ones. This right was assented to first tacitly, then also indirectly by other ecclesiastical en- actments. When later on, by the Bull "Apostolica: Scdis" (12 Oct., 1869) Pius IX reorganized the ec- clesiastical censures (penal laws of the Church), he abolished the penalty of excommunication which, both in the Tridentine (1564) and Clementine (1596) indexes, was inflicted upon printers as well as authors not submitting their works for ecclesiastical censor- ship. Since the publication of that Bull only three definite classes of books are still forbidden under pain of excommunication (see below). During the Vati- can Council great exertions were made, especially on the part cif Germany and France, to induce the as- sembled Fathers to mitigate the ecclesiastical laws relating to censorship (cf. Coll. Lacens. Concil., VII, 1075), but before this question could be discussed, the council was dissolved. Leo XIII, therefore, took it upon himself to reorganize the ecclesiastical legisla- tion in this respect, which he accomplished by the Constitution "Ofnciorum ac Munerum" (25 Jan., I 397 and the reform of the Index, published in 1900. Since that time, for all literary matters, for censor- ship and prohibition of books no other laws and rules are in force than those contained in the new index of Leo XIII. Of former enactments, the Bull "Sollicita ac Provida" alone has been retained; together with the new Bull "( Hficiorum ac Munerum" it forms the first and general part of the Leonine Code, whereas the second and larger, but not therefore more impor- tant, part comprises the special, alphabetically ar- ranged catalogue of books forbidden by particular de- erees since 1600. Pius X issued in 1905 orders re- garding the printing and publication of liturgical chants and melodies, and in the Encyclical Letter "Pascendi dominici gregis" (8 Sept., 1907) most urgently enjoined on all the prohibition and censor- ing ol I nioks.

Ecclesiastical Laws in Operation since 1900. — The end of the Church founded by Christ is the pro- pagation and preservation of the genuine teachings of Christ and a life after these teachings. One of the most formidable dangers threatening purity of faith and morals among the members of the Church arises from pernicious books and writings. For this very the Church has from the beginning and at ail times taken such precautions against bad literature as were appropriate for the different times and the peculiar character of the dangers. If the ( Ihurch had ever neglected doing this, she would have failed in one of ler most important and solemn duties. In our own days the danger caused by bad books has risen to a degree never thought of before. Unre- straint of intellect and will is the real cause of this increase. The so-called freedom of the press or the abolition of public censorship is largely responsible for this unrestraint. All the more the ( Ihurch IS bound to put an end to the evil by wise and just laws. The highest ecclesiastical authority. I.eo XIII himself, has done so in the most solemn way by the aforesaid

Bull "Officiorum ac Munerum" (25 Jan., 1897) which obliges very strictly all the faithful. This papal con- stitution contains the general legal enactments (de- creta generalia) arranged under two headings of ten and five chapters respectively, in forty-nine para- graphs or articles. The forty-nine paragraphs ex- hibit not only the prohibition of certain classes of books, together with the injunction of preventive censorship for other classes, but also detailed regula- tions concerning the application and sanction of the whole law.

The first paragraph decrees that the books men- tioned in former indexes and forbidden previous to 1600, remain forbidden even though not individually enumerated in the new index of Leo XIII — unless they be allowed by the new general paragraphs. To this class, however, belong almost exclusively hereti- cal books and a few others forbidden also by the following general decrees. Here it is to be remarked that heretical works of ancient times, or even of the Middle Ages, are no longer held to be forbidden, so that the words of the first paragraph seem to refer exclusively to the sixteenth century. In accordance with the main end of the law, paragraph 2 forbids books of apostates, heretics, schismatics, and in general of all writers defending heresy or schism or undermining the very foundations of religion; para- graph 11 prohibits books falsifying the notion of "Inspiration of Holy Scripture"; paragraph 14 con- demns all writings defending duelling, suicide, di- vorce, or representing as useful and innocuous for Church and State Freemasonry and other secret socie- ties, or maintaining errors specified by the Apostolic See [those mentioned, e. g., in the Syllabus of Pius IX (1864) or of Pius X (1907)]; paragraph 12 inter- dicts superstitious writings in the following words: " It is forbidden to publish, read or keep books teach- ing or recommending sorcery, soothsaying, magic, spiritism or similar superstitious things"; paragraph 9 reads as follows: "Books systematically (ex pro- fesso) discussing, relating or teaching obscene and im- moral things are strictly prohibited"; paragraph 21 says: "Dailies, newspapers and journals which aim at (data opera) destroying religion and morality are interdicted not only by natural law but also by eccle- siastical prohibition". All works forbidden in the above-mentioned paragraphs may be put together in one group, viz. : irreligious, heretical, superstitious, and immoral writings. It will readily be understood that these classes of books constitute a serious danger to faith and morals, and consequently must, needs be forbidden by the Church. Works, however, com- posed by heterodox authors are, agreeable to para- graphs 3 and 4, not forbidden even if treating of religion, provided that they contain nothing serious against the Catholic Faith. Paragraph 1(1 grants leave for the use of the classics, ancient as well as modern, though not free from immorality, in con- sideration of the elegance and purity of their style. This exception is made for the benefit of those whose official or educational duties demand it; for teaching purposes, however, only carefully expurgated edit ions are to be given to students. Concerning newspapers and journals forbidden in paragraph 21, the bishops are specially reminded to deter the faithful from such reading; and in paragraph 22 it is warmly recom- mended to all Catholics, and particularly the clergy, to publish nothing in dailies, journals, and writings of that sort, except for just and sensible reasons.

A second group of prohibited books comprises all insulting writings directed against Cod and the Church. Regarding them paragraph 11 says: "All books are forbidden that insult God or the Blessed Virgin Mary or the saints or the Catholic ( 'hurch and her rites, the sacraments or the Apostolic See. In like manner all hooks are forbidden that aim at the defamation of the ecclesiastical hierarchy, the clergy