the encyclical letter of pope paul vi: 'of human life', by monsignor vincent foy, p.h., j.c.d
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The Encyclical Letter of Pope Paul VI: Of Human Life
by Msgr. Vincent Foy
Preface
In September of 1968, I wrote a list of objections againstHumanae Vitaeand
answered them with magisterial statements. It was entitled The Encyclical Letter
of Pope Paul VI: Of Human Life. I sent it to every priest in Toronto and to theBishops of Canada hoping that they would express solidarity with the pope. This
was not published.
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St. Johns Rectory,
794 KingstonRoad,
Toronto 13,
Ontario
September 12th,
1968
Reverend and dear Father,
Enclosed is an imperfect, incomplete compilation of answers to objections voiced
against the Holy Fathers Encyclical Of Human Life. It presents a method of
reply which seems to me to be the only adequate onean appeal to divinely-
delegated authority. It is pitiful, even tragic, to learn of theologians grouping
together, signing their names to declarations and saying, in effect, Accept what I
say; do not accept what the Pope says. One is reminded of the words of Scripture
quoted by Bishop John R. Quinn of San Diego: I shall destroy the wisdom of the
wise and bring to nothing all the learning of the learned.
If you consider it presumptuous of me to write this letter pay no heed to it. It was
written after I was invited to a meeting of Toronto priests. I was inspired by their
priestly concern for the preservation of unity under the Holy Father and our
Bishops.
Fraternally yours in Christ,
[signature]
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VNF/yv (Rt.Rev.) Vincent N.
Foy
The Encyclical Letter of Pope Paul VI: Of Human Life
This statement, it is recognized, has no other value than the sources quoted. It is
intended to be a partial compilation of magisterial teaching which may help to
reply to the many-tongued attack on the encyclical Of Human Life. The dissent
has been amplified and distorted by press, radio, television and from the pulpit and
in the confessional.
The value of a compilation of magisterial teaching appears evident from the
following considerations:
(a)The decision of Pope Paul VI belongs (at the least) to what is called ordinarymagisterial teaching and therefore is to be studied, analyzed and accepted in
that context.
(b)A nose-count or voice-count is of no decisive importance. Whether theencyclical is open-ended or reformable is beside the point.
(c)The matters defined in the encyclical Of Human Life were reserved fordecision by the Holy Father to himself. His supreme authority may be freely
exercised (cf. Vatican II, Constitution on the Church, Par. 22). The
encyclical was a legitimate exercise of full, free, supreme and universal
authority.
(d)It follows that no one has a right to qualify it or modify it or dissent from itin a manner contrary to the manifest mind and will of the Holy Father.
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The present listing of magisterial teaching is categorized according to the different
ways in which dissent has been voiced against Humanae Vitae. In general,
objections and dissent can be listed under the headings:
(a)The right or authority of the Holy Father to decide the issue.(b)The manner in which the issue was decided.
(c)The superseding right and obligation to follow ones conscience.(d)Interpretation of the encyclical, especially in pastoral matters.(e)The assertedly unrealistic demands of the encyclical, supposedly blind to
insights of the new theology, new anthropology, new sociology and new
concepts of and insights into marital love.
Category A: The Authority of the Holy Father
1. Objection: The Pope does not have the authority to make bindingpronouncements when he interprets natural law.
Reply: No believer will wish to deny that the teaching authority of the
Church is competent to interpret even the natural moral law (Humanae
Vitae, par. 4).
2. Objection: The papal encyclical does not mean that dissent among theologiansand laity is to be excluded.
Reply: It must not be thought that what is expounded in encyclical letters
does not of itself demand consent, since in such letters the pontiffs do not
exercise their supreme teaching authority. For these matters are taught with the
ordinary teaching authority, of which it is true to say: He who hears you, hears
me, and frequently those things which are proposed and inculcated inencyclical letters already pertain to Catholic doctrine for other reasons. But if
the supreme pontiffs purposely pass judgments --- in subjects which were
controversial up to that time, it is obvious that such a matter, according to the
mind and will of these same pontiffs, cannot be considered any longer a
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question open to discussion among theologians. (Encyclical Humani
Generis of Pope Pius XII, August 12, 1950)
3. Objection: One may reject all or parts of the encyclical and remain a loyalCatholic. Ones loyalty to the Church does not depend on ones loyalty in theissue of the Pope and the Pill.
Reply: It is quite foreign to everyone bearing the name of Christian (to
hold) that they must obey only in those matters which she (the Church) has
decreed by solemn definition, as though her other decisions might be presumed
false or insufficiently grounded in truth and moral rightness -- a characteristic
of all true followers of Christ, lettered or unlettered, is to allow themselves to be
guided and led, in all things that touch upon faith and morals, by the HolyChurch of God through its supreme pastor, the Roman Pontiff, who is himself
guided by Jesus Christ Our Lord---- (Encyclical Casti Connubii of Pope
Pius XI, Dec. 31st, 1930)
4. Objection: The Pope is the spokesman for the belief of the entire livingChurch. He cannot exercise his binding power independently of the consent of
the People of God.
Reply: As the pastoral letter of the Austrian Bishops of 1967 stated, the
role of the Pope even among Bishops is not primus inter pares, sed primus
supra pares.
If then anyone shall say that the Roman Pontiff has the office merely of
inspection or direction but not full and supreme power and jurisdiction over the
Universal Church, not only in things pertaining to faith and morals but also in
those things that relate to the discipline and government of the Church spread
throughout the world; or that he possesses merely the principal part and not all
the fullness of this supreme power; or that this power which he enjoys is not
ordinary and immediate, both over each and all the Churches and all the pastors
and the faithfulanathema sit (Vatican I, Dogmatic Constitution on the
Church of Christ, Chapter III The Power and Nature of the Primacy of the
Roman Pontiff).
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For Our Lord made Simon Peter alone the rock and key-bearer of the Church
(cf. Mt.16:18-19), and appointed him shepherd of the whole flock (cf. Jn. 21:15
ff). (Vatican II, Constitution on the Church, par. 22)
5. Objection: In the Encyclical Of Human Life the Holy Father did not intendto speak by his magisterial power but only to give his convictions after prayer
and study, therefore the encyclical is to be judged by the force of its human
reason rather than by the force of divinely delegated authority.
Reply: We now intend, by virtue of the mandate entrusted to us by
Christ, to give our reply to these grave questions. (Of Human Life, par. 6)
Category B: The manner in which the Issue was decided
1. Objection: The Pope did not take note of his own Pontifical Commission orlisten sufficiently to the sensus fidelium or heed fully the principle of
collegiality, therefore his teaching in Of Human Life, is weakened in binding
force by this lack of consultation or failure to heed advisory voices.
Reply: That the teaching Church consult clergy and laity -- in the
formulation of decisions may often be required as a means by which statements
of doctrine or order are made more intelligible or more pastoral. But this
consultation cannot annul the teaching authority in the Church by substituting
one structure for another. Such a confusion of ministries would be alien to the
spirit of the Gospel and to the objective content of the Churchs constant
tradition (Pastoral Letter of the Bishops of the United States, 1968).
Note: That there was due consultation with Bishops and theologians and
experts of many kinds is evident from the text of the encyclical and from the
speech of His Holiness of July 31st, 1968 (cf. Osservatore Romano, Aug. 8,
1968, p. 5)
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Category C: The Right of Private Conscience
1. Objection: The encyclical leaves husbands and wives free to make their owndecision on the use of contraceptives after they have weighed factors relative to
their own circumstances.
Reply: When there is a question of harmonizing conjugal love with the
responsible transmission of life, the moral aspect of any procedure does not
depend solely on sincere intentions or an evaluation of motives. It must be
determined by objective standards -- Relying on these principles, sons of the
Church may not undertake methods of regulating procreation which are foundblameworthy by the teaching authority of the Church in its unfolding of the
divine law. (Vatican Council II, Pastoral Constitution on the Church in the
Modern World, par. 51).
Emphasis on conscience is certainly in order. But that is exactly the point.
Conscience is, after all, only ones intelligence reading a decision following a
reasonable effort to obtain all pertinent evidence, natural and supernatural
(revealed) as to the morality of some act to be performed by ones own self hereand now. Now any such reasonable effort by a Catholic must necessarily
include acceptance of the teaching that the Pope is the supreme teacher of
morals The Popedid give full consideration to the liberal position.He
studied it and consulted it for five years. Then deliberately, clearly and
officially he formally rejected it, and so there is no way now for any Catholic to
continue to advance such a position in his personal life, his teaching, his
preaching or in the exercise of his pastoral ministry, without formally
repudiating the position of the Holy Father as the supreme teacher of morals in
the Church. To make such a repudiation would, of course, involve a total
departure from a fundamental and central teaching of the Catholic religion.
(Public statement of Bishop Robert E. Tracy of Baton Rouge, La.).
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2. Objection: Concepts of Church and papal authority are developing whichlegitimize in a new way the transcendental supremacy of private conscience
over authoritative teaching of the Church.
Reply: There is in the Church a supreme power that is a personalprerogative and that has authority over the whole community united in the name
of Christ. This power is not just external but is capable of creating or doing
away with internal obligations on consciences. It is not left up to the free
choice of the faithful, but is a necessary part of the structure of the Church,
taking its origin not from the Church but rather from Christ and from God.
(Pope Paul VI, at a General Audience, Nov. 4, 1964).
Category D: The Interpretation of the Encyclical
1. Objection: From the pastoral section of the encyclical it is clear that spouseswho have difficulties in observing the ban on contraceptives may continue to
receive the sacraments even though they have no effective purpose of
amendment. There is here a new theology of the sacrament of penance.
Reply: The following errors of Martin Luther were condemned by PopeLeo X (1520):
(a)Have confidence if you have absolution of a priest; and believe firmlythat you are absolved, and absolved you will truly be, whatever the state
of your contrition.
(b)No one need be answerable to the priest whether he is sorry, nor shouldthe priest ask it of anyone.
The Holy Council declares therefore that this contrition of sin implies not
only an abstention from sin and the resolution and beginning of a new life,
but also a hatred of the old, according to the statement: Cast away from you
all your transgressions by which you have transgressed, and make
yourselves a new heart and a new spirit. (Ezech. 18:31) (Council of
Trent, 14thSession, 1551, Doctrine on the Sacrament of Penance, Chapter
IV: Contrition)
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The objection cited above -- that there is in the encyclical a new theology of the
sacrament of penance is being voiced but is without base. The encyclical reads:
And if sin should still keep its hold over them, let them not be discouraged, but
rather have recourse with humble perseverance to the mercy of God, which ispoured forth in the Sacrament of Penance (Humanae Vitae, par. 25). We
note:
(a)This pastoral message is directed to Christian husbands and wives. Nonew theology of confession is taught to Bishops or priests.
(b)Husbands and wives in difficulties are directed towards the sacrament ofPenance, with its attendant essentials of contrition, confession and
purpose of amendment.(c)The pastoral directive presumes the parties are in the grip of sin.
Category E: The Demands are unrealistic
1. Objection: In view of new insights into marital love and the concomitantobligation of responsible parenthood, the encyclical makes unreasonable and
unrealistic demands.
Reply: Our decision is not an easy one. It is not in line with a practice
unfortunately widespread today which is regarded as convenient and, on the
surface, helpful to family harmony and love. Once again we would remind you
that the ruling we have reaffirmed is not our own. It originates from the very
structure of life and love and human dignity, and is thus derived from the law of
GodIt is just a moral law demanding and austerewhich is still binding
today. It forbids the use of means which are directed against procreation and
which thus degrade the purity of love and the purpose of married life. The duty
of our office and pastoral charity have led us to speak out. (Address of Pope
Paul VI, Aug. 4th, 1968).
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Concluding Remarks:
1. The fulcrum of dissent is a wrong concept of the Holy Fathers free andsupreme authorityespecially when he does not speak ex cathedra. Pope
Boniface VIII said (Bull Unam Sanctam, 1302). This one and unique
Church, therefore has not two heads, like a monster, but one body and one head,
viz. Christ and His vicar Peters successor, for the Lord said to Peter personally,
Feed my sheep ---. Pope Boniface VIII repeated the conciliar doctrine of the
necessity of submission to the Roman Pontiff. What other mans statement oropinion or doctrine has the right to take precedence over authoritative papal
teaching?
2. There has been too short a memory of a constant unwavering tradition.Professor John F. Noonan said in 1965: No Catholic writer before 1963 had
asserted that the general prohibition of contraception was wrong. Pope Pius
XII authoritatively taught that the teaching of the Church against artificial
contraception was for always: Casti Connubii, said Pius XII, solemnlyproclaimed again the fundamental law of the marital act and relations: any
attempt by the spouses in the completion of the conjugal act, or in the
development of its natural consequences, having the aim of depriving the act of
the force inherent in it and of impeding the procreation of new life, is immoral -
- This precept is as valid today as it was yesterday; and it will be the same
tomorrow and always, because it does not imply a precept of the human law,
but is the expression of a law which is natural and divine (Allocution to the
Italian Catholic Society of Midwives, 1951; referred to in a footnote to Vatican
II, Constitution on the Church in the Modern World, par. 51). In 1952 Pius XII
declared his statement was authoritative.
3. A few Bishops and some theologians tried since 1963, to create a doubt thatnever was. On June 23rd, 1964 Pope Paul VI forbade anyone to make
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pronouncements in terms differing from the norm in force. Other similar
statements followed and in October 1966 the Holy Father said the Magisterium
was not in a state of doubt. On July 31st, 1968 Pope Paul VI said in a general
audience, We had no doubt about our Decision (Osservatore Romano, Aug. 8,
1968, p. 5). It is obvious that the disciplinary injunction of 1964 wentunheeded, to the detriment of the universal Church. It seems clear that to repeat
the error would compound the evil.
4. Among the symptoms of an extreme reformism, Rev. Robert McNally, S.J.lists: Human liberty is exalted just short of idolatry and There is a marked
drift from the institutional church; each man becomes a church unto himself.
(cf. Fordham, November 1967, p. 22). Father McNally proposes the following
solution: True progressive leadership can outflank and displace anarchicalsubmovements within the Christian community, wherever the Catholic
episcopacy is vigorous in preaching and teaching the Word of God, in fostering
new forms of piety, and opening up new areas for social action. (ibid.) It
follows that every priest and member of the laity has also a part, though
secondary and minor, to play.
5. There is today the dilemma of human respect -- how to silence the voices ofdissent in prudence and charity. Pope Paul VI warned against the new
modernists in his first encyclical Ecclesiam Suam and the need to remove
the errors we see circulating in the church itself, and to which people are
exposed who have only a partial understanding of the Church and its mission,
and who do not pay close enough attention to divine revelation and the
Churchs Christ-given authority to teach (Aug. 6, 1963: AAS, LVI, 1964, p.
618). We are reminded of St. Pius Xs condemnation of the following
proposition: The Church shows that she is incapable of effectively
maintaining evangelical ethics since she obstinately clings to immutable
doctrines which cannot be reconciled with modern progress (Syllabus
Condemning the error of the modernists, July 3rd, 1907).
6. Whatever means are taken in charity to the Catholic community to upholdcourageously and without qualification or deviation the authoritative voice of
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Peter, it is clear that all Catholics should join their Bishops in endorsing those
adequate means.
Pope Paul VI has this to say: (Peter after his denial of Christ) wanted to hide,
to camouflage himself, to conform to his environment, to escape theconsequences of his devotion to Jesus. He denied Him three times, and the
warning crow of the cock sounded. Poor Peter! and poor us too, when we want
to evade the Christian commitment, when we want to bend and adapt the faith
to the modern mentality, when we want to escape from the logical
consequences of our belonging to the Church, and when we look for a religion
modeled on fashionable opinions, including the opinions of those who deny
Christ. (General Audience, April 12, 1967).
7. It seems pertinent finally to recall the comments of Rt. Rev. FerdinandoLambruschini, who presented the encyclical to the world at a news conference
on July 29. Msgr. Lambruschini said statements in dissent were brash and
scandalous. The teaching of Paul VIin regard to the regulation of birth can
and must be considered Catholic doctrine, such that it binds the conscience of
all the people of God, the faithful, the priests and the bishops.A Catholic who
does not see the foundation of the reasons behind the papal pronouncement can
make a respectful presentation of his arguments to the proper authority. But he
cannot arrogate to himself the right to contest the decision, which, on the
contrary, he must accept humbly, not only outwardly but also inwardly.
(quoted from the Toronto Telegram, Aug. 13, 1968)