The censorship of the Church of Rome and its influence upon the production and distribution of literature, volume 2 (of 2)Putnam, George Haven
History
The censorship of the Church of Rome and its influence upon the production and distribution of literature, volume 2 (of 2)
Putnam, George Haven
Freedom of the press; Liberty of conscience; Prohibited books
In the case of a book which is denounced by the Inquisition as
deserving of condemnation, and the prohibition of which has not
been confirmed by the Index Congregation, the following measures
shall be taken. The book shall be examined by a commission
appointed for the purpose, and the written report of these
examiners shall be submitted (with the book itself) to the
cardinals. The conclusion of the cardinals shall be referred
to the pope, who will give the final judgment in the matter.
In the case of a book by a Catholic author, the condemnation
shall not be permitted to rest on the decision of one examiner.
His adverse report must secure the confirmation of a second
censor appointed by the Congregation. If the judgments of the
two differ, the matter must be passed upon by the cardinals.
The Congregation of the Index is always to include several
cardinals. The _Magister_ of the papal palace is a member
_ex officio_. The secretary shall be a Dominican selected by
the pope. The Congregation has the assistance of a number of
counsellors selected from the clergy and from the Orders and
from the judicial class (_Relatores_). The sessions of the
Congregation are not regular, as are those of the Inquisition,
but are called in response to the report of the secretary
that there is business requiring action. This leaves to the
secretary a large discretion in the initiating of action and
in the selection of matters to be passed upon. In the case of
a book by a Catholic author of good repute (_integrae famae_)
in which pernicious material is found, the prohibition shall,
if practicable, be made not general, but conditional, under
the heading of _donec corrigatur_ or _donec expurgetur_. The
decree shall not be made public at once, but opportunity shall
be given to the author or to some representative of the author
to make the required corrections. If the author shall agree
to withdraw from sale the original edition, replacing this
with the corrected text, no public prohibition need be made.
If the original edition has come into general circulation,
the condemnation shall be so worded as to apply only to such
uncorrected text. The loss incurred through such cancellation
and reprinting appears to have fallen upon the publisher unless
the edition were the property of the author, or the publishing
agreement made the author responsible for losses incurred on the
ground of heresies. In reply to the complaint that books had
from time to time been prohibited without an opportunity being
given to the author to defend his production against the charge
of heresy, the Bull takes the ground that the purpose of the
action of the Church is not to pronounce judgment on authors,
but to protect the faithful against injury through heretical
doctrine. Any detriment caused to the repute of the author is
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