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 CENSORSHIP

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CENSORSHIP

censorship when for special reasons, in consideration of circumstances of matter or time, examination and approbation seem to be necessary. Hence, for example, pastoral gazettes seem to require ecclesi- astical approbation. In the first title (paragraph 19), episcopal approbation is expressly prescribed for all novel litanies. The litanies of the Saints, of the Blessed Virgin, the Holy Name, and the Sacred Heart of Jesus have been explicitly approved by the Apos- tolic See or the Congregation of Rites. Paragraph 42 demands of secular priests that in token of their sub- missiveness they should confer with their bishops, even for such books as are exempted from censorship. They must also obtain permission from their bishop if they wish to be editors of a paper or journal. Sup- posing that the paper or journal in question is subject to censorship, the bishop may, of course, appoint as its censor the editor approved by him. In that case the censorship of a paper published even frequently would have no special difficulties.

The fourth chapter, which consists of four para- graphs, is chiefly meant for Catholic printers and publishers. Paragraph 43 provides that: "No book subject to ecclesiastical censorship may be published without stating at the beginning the name and sur- name of both author and publisher; moreover, place and year of printing and publication ought to be men- tioned. If for good reasons it be advisable in special cases to suppress the name of the author, the ordinary can give leave to do so." Paragraph 44 reminds printers and publishers that for each new edition, as well as for translations of a work already approved, fresh approbation is required. Books condemned by the Apostolic See are, according to paragraph 45, to be considered as forbidden everywhere and in any translation whatsoever. The last paragraph (46) prohibits booksellers from selling, lending out, or keeping in stock, such books as explicitly treat of obscene matters. To put up for sale other forbidden books, they require permission of their bishop. But even then they must not sell them to any person un- less they can reasonably suppose him to be qualified for using such literature.

As regards the last (fifth) chapter, which deals with the penalties incurred by trespassers against the general rules, the first paragraph (47) has been mentioned previously, as it fixes the punishment for reading, etc., special classes of forbidden books. The next paragraph (4S) inflicts excommunication (q. v.) "reserved to no one" on any person printing or causing to be printed, without approbation of the ordinary, books of Holy Scripture or annotations or commentaries on them. The closing paragraph (49) of the whole constitution declares it to be the duty of the bishops to watch over the observance of the law and to employ, at discretion, monition or even punishment in case of contraventions not provided for by paragraphs 47 and 48. The above-mentioned forty-nine paragraphs — Decreta generalia, as they are called in the Bull— exhibit the proper ecclesiastical law regulating prohibition and censorship of books. There remain now to be ascertained the full import and binding force of these general decrees. This is best done by quoting the pertinent words of the Con- stitution "Offieiorum ac Munerum":

On mature consideration of the matter, and after consulting with (lie cardinals of the Con- gregation of the Index, we have decided to issue the general decrees embodied in this constitu- tion. The tribunal of the aforenamed Congrega- tion shall henceforth be guided solely by these decrees, to which, for the sake of God", Catholics of the entire world must submit. It is our will that the said decrees alone shall have legal power, and we abrogate the rules published by order of the Council of Trent together with the com- mentaries annexed to them, as well as our prede-

cessors' instructions, decrees, monita, and every other order or enactment referring to this mat- ter, with the sole exception of the Constitution of Benedict XIV, "Sollicita ac provida", which, as it has hitherto been in full force, shall remain so in future. The Encyclical of Pius X, "Pascendi Dominici Gre- gis" (Acta S. Sedis, XL, 593 sqq.), not only confirms the general decrees of Leo XIII, but also lays special stress upon the paragraphs concerning previous cen- sorship. The pope demands of all bishops strictest vigilance over all works about to appear in print; he recommends warmly to them to take, if necessary, measures against dangerous writings; he expressly commands them to institute in all dioceses a council the members of which are, in a special manner, to watch carefully the teachings of innovators (Modern- ists), in order to assist the bishop in combating their books and writings.

Motives of Ecclesiastical Laws Regulating Censorship. — Every law is in one way or another a restriction of human liberty. In the domain of thought especially, mankind resents such an inter- ference on the part of any human authority. The precept of fasting is more easily submitted to than an order relating to prohibition of books. Thus, apart from all slander against, and misconception of, the ecclesiastical laws regulating censorship, apart also from all deficiencies to be met with in these as in all other laws, it is easily understood that proud human nature is from the first opposed to everything these laws prescribe. This is all the truer the more dis- tinctly and unequivocally the commands and pro- hibitions are worded, and the more strictly and uni- versally they are applied, even to the educated and the learned. There are, of course, books forbidden to man by mere natural law. Still, in such cases, man fancies himself to be guided by his own judgment, by the dictates of his own conscience; whereas with regard to the ecclesiastical laws he sees himself de- pendent upon, and restrained by, human authority. Moreover, ecclesiastical legislation, since it is meant for all, contains not only prohibitions but also posi- tive orders, and even in its prohibitions it goes, in places, beyond the limits of natural law. For human law is universal in its provisions, and obliges even when, for subjective reasons, natural law does not bind the individual. It must be added that in past centuries particularly the censorship of the State often made itself decidedly unpopular with the peo- ple, and that their hatred was but too easily, though without reason, transferred to the censorship of the Church. What has been said explains to some extent why the ecclesiastical laws relating to books and the Index are so much disliked. Nevertheless, these laws constitute a perfectly reasonable guidance for the human will. They are, therefore, good laws, nay, for the faithful taken as a whole they are morally neces- sary and extremely useful even at the present time. It is universally granted that especially in our days there exists hardly a greater danger to faith and mor- als than that which we may call the literary danger. From the greatness or rather indispensableness of the good at stake, the opportuneness and even necessity of preventive and strictly binding measures undoubt- edly follow. In other words, the object in view of the law, that of safeguarding and keeping pure religion and morality, is absolutely necessary; now this ob- ject is at the present time more than ever endangered by a bad press; consequently those authorities whose principal office it is to protect the faith and morals of their subjects, must needs make suitable provisions against that press. Hence the moral necessity of such laws. Natural law empowers the father to keep away from his child bad and corrupt companions: the highest public authorities are bound to protect by stern measures, if necessary, their communities