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SACRED CONGREGATION FOR THE DOCTRINE OF THE FAITH
Declaration on abortion

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  • DECLARATION ON PROCURED ABORTION
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7. In the course of history, the Fathers of the Church, her Pastors and her Doctors have taught the same doctrine - the various opinions on the infusion of the spiritual soul did not introduce any doubt about the illicitness of abortion. It is true that in the Middle Ages, when the opinion was generally held that the spiritual soul was not present until after the first few weeks, a distinction was made in the evaluation of the sin and the gravity of penal sanctions. Excellent authors allowed for this first period more lenient case solutions which they rejected for following periods. But it was never denied at that time that procured abortion, even during the first days, was objectively grave fault. This condemnation was in fact unanimous. Among the many documents it is sufficient to recall certain ones. The first Council of Mainz in 847 reconsidered the penalties against abortion which had been established by preceding Councils. It decided that the most rigorous penance would be imposed "on women who procure the elimination of the fruit conceived in their womb."[9] The Decree of Gratian reported the following words of Pope Stephen V: "That person is a murderer who causes to perish by abortion what has been conceived."[10] St. Thomas, the Common Doctor of the Church, teaches that abortion is a grave sin against the natural law."[11 At the time of the Renaissance Pope Sixtus V condemned abortion with the greatest severity.[12] A century later, Innocent XI rejected the propositions of certain lax canonists who sought to excuse an abortion procured before the moment accepted by some as the moment of the spiritual animation of the new being.[13] In our days the recent Roman Pontiffs have proclaimed the same doctrine with the greatest clarity. Pius XI explicitly answered the most serious objections.[14] Pius XII clearly excluded all direct abortion, that is, abortion which is either an end or a means.[15] John XXIII recalled the teaching of the Fathers on the sacred character of life "which from its beginning demands the action of God the Creator."[16] Most recently, the Second Vatican Council, presided over by Paul VI, has most severely condemned abortion: "Life must be safeguarded with extreme care from conception; abortion and infanticide are abominable crimes."[17] The same Paul VI, speaking on this subject on many occasions, has not been afraid to declare that this teaching of the Church "has not changed and is unchangeable."[18]




9. Canon 21 (Mansi, 14, p. 909). Cf. Council of Elvira, canon 63 (Mansi, 2, p. 16) and the Council of Ancyra, canon 21 (ibid., 519). See also the decree of Gregory III regarding the penance to be imposed upon those who are culpable of this crime (Mansi 13, 292, c. 17).



10. Gratian, "Concordantia Discordantium Canonum," c. 20, C. 2, q.[2]. During the Middle Ages appeal was often made to the authority of St. Augustine who wrote as follows in regard to this matter in "De Nuptiis et Concupiscentiis," c. 15: "Sometimes this sexually indulgent cruelty or this cruel sexual indulgence goes so far as to procure potions which produce sterility. If the desired result is not achieved, the mother terminates the life and expels the foetus which was in her womb in such a way that the child dies before having lived, or, if the baby was living already in its mother's womb, it is killed before being born." (PL 44, 423-424: CSEL 33, 619. Cf. the "Decree of Gratian" q. 2, C. 32, c. 7.)



11. "Commentary on the Sentences," book IV, dist. 31, exposition of the text.



12. Constitution "Effraenatum" in 1588 ("Bullarium Romanum," V, 1, pp. 25-27; "Fontes Iuris Canonici," I, no. 165, pp. 308-311).



13. Dz-Sch. 1184. Cf. also the Constitution "Apostolicae Sedis" of Pius IX (Acta Pii IX, V, 55-72; AAS 5 [1869], pp. 305-331; "Fontes Iuris Canonici," III, no. 552, pp. 24-31).



14. Encyclical "Casti Connubii," AAS 22 (1930), pp. 562-565; Dz- Sch. 3719-21.



15. The statements of Pius XII are express, precise and numerous; they would require a whole study on their own. We quote only this one from the Discourse to the Saint Luke Union of Italian Doctors of November 12, 1944, because it formulates the principle in all its universality: "As long as a man is not guilty, his life is untouchable, and therefore any act directly tending to destroy it is illicit, whether such destruction is intended as an end in itself or only as a means to an end, whether it is a question of life in the embryonic stage or in a stage of full development or already in its final stages" (Discourses and Radio-messages, VI, 183ff.).



16. Encyclical "Mater et magistra," AAS 53 (1961), p. 447.



17. "Gaudium et spes," 51. Cf. 27 (AAS 58 [1966], p. 1072; cf. 1047).



18. The speech, "Salutiamo con paterna effusione," December 9, 1972, AAS 64 (1972), p. 737. Among the witnesses of this unchangeable doctrine one will recall the declaration of the Holy Office, condemning direct abortion (Denzinger 1890, AAS 17 [1884], p. 556; 22 [1888-1890], 748; Dz-Sch 3258).






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