By: Archbishop Vincenzo Fagiolo
President of the Pontifical Council
For the Interpretation of Legislative Texts
[Reprinted with permission from the English Version of L'OSSERVATORE
ROMANO, N. 35, 1 September 1993].
_____
We begin our discussion with a passage from St. Thomas Aquinas that
takes us immediately to the heart of the question about the Pope's authority
and the assent owed his teaching: "One must adhere to the Pope's judgement
more than to the position of any theologian, however well-versed in the
divine Scriptures." (Quodl., IX, a.16).
In the Dogmatic Constitution "Dei Verbum", the Second Vatican
Council taught that "the task of giving an authentic interpretation of the
word of God, whether in its written form or in the form of Tradition, has
been entrusted to the living Magisterium of the Church alone. Its authority
in this matter is exercised in the name of Jesus Christ" ("Dei Verbum", n.
10b). The reference to this dogmatic truth is the foundation of the
reasoning Pope Paul VI used to justify the central teaching of "Humanae
Vitae."
In interpreting the divine law, both natural and positive, the Pope
speaks and teaches in the name of the One from whom he received the
authority he enjoys as *Vicarius Christi*. His is not a scholarly
magisterium, but one of authority; he teaches, and must teach, as one with
authority (cf. Mt. 7:29). As a result, in order to determine the authority
of the Encyclical Letter on the problem of "the transmission of human life
and the regulation of births," one must clearly identify the specific
character of the doctrine contained in the document, and the particular
nature of the teaching by which that same doctrine is proposed. Thus the
solution to the problem of the Encyclical's authority follows from two basic
considerations: one in relation to the content and the other with respect to
the Encyclical's author. Given their close connection we shall consider
them both together.
STRUCTURE OF FAMILY ORDERED TO PROCREATION OF CHILDREN
Canon 747 states that the Church, to whom Christ the Lord entrusted
the deposit of faith so that, assisted by the Holy Spirit, she might
reverently safeguard revealed truth, more closely examine it and faithful
proclaim and expound it, has the innate duty and right to preach the Gospel
to all nations (cf. "LUmen Gentium", nn 24a, 25a; "Dei Verbum", nn. 7a, 8a,
10a, b; "Dignitatis Humanae", n. 13b). The same divine mandate is the
source of the Church's own task of always and everywhere proclaiming moral
principles and of passing judgment on any human reality whenever she must
defend the basic rights of the human person and the salvation of souls (cf.
"Gaudium et Spes", n. 763). Even before Paul VI, John XXIII had recalled in
the Encyclical "Mater et Magistra" and Vatican II had explained that it is
the Bishops' responsibility to teach "how high a value should be placed on
the human person, on his liberty and bodily life; how lightly we should
value the family, its unity and stability, and the procreation and education
of children" ("Christus Dominus", n 12c). In regard to procreation Vatican
II had stated: "Without intending to underestimate the other ends of
marriage, it must be said that true married love and the whole structure of
family life which results from it is directed to disposing the spouses to
cooperate valiantly with the love of the Creator"; and with the other
consequence, which is essentially the principle which the Council in no way
wanted to abandon and which it repeated clearly and forcefully: "Marriage
and married love are by nature ordered to the procreation and education of
children" ("Gaudium et Spes", n. 50a).
This principle (which is the main reason why Pope Paul's Encyclical
would later reject the opinion of those who considered the use of
contraceptives to be licit) is reaffirmed many times by the Council. We
stress this here because Pope Paul Vi would have to state whether there were
valid exceptions to the Church's traditional doctrine reaffirmed by his
three immediate predecessors: Pius XI, Pius XII and John XXIII.
The same Council, "stante doctrina Magisterii," chose not to propose
concrete solutions and referred them to the same Supreme Pontiff, who would
consult the commission already established by John XXIII to study the
problems of population, family and the birth rate. However, the Council
repeatedly stated the principle mentioned above because of the necessary
"harmony between married love and respect for human life." In fact it
condemned "free love, ... selfishness, hedonism, and unlawful contraceptive
practices" that are a desecration of married love (cf. "Gaudium et Spes", n.
47b). It is from the very structure of male and female and from their
mutual, free attraction that the institution of marriage arises, which,
according to the order of nature, is ordered to children even before
positive legal systems recognize its properties and ends.
PAPAL MAGISTERIUM TEACHES WITH AUTHORITY
On this point the Council is always explicit, saying: "Married
people should realize that in their behavior they may not simply follow
their own fancy but must always be governed by a conscience in conformity
with the divine law and be docile to the Church's Magisterium, which
authentically interprets that law in the light of the Gospel" ("Gaudium et
Spes", n. 50b). Thus, in this area, the Pope has an authority derived from
his own proper office. With the mandate received from Christ he must teach
and (if necessary) authentically interpret the divine law, both natural and
supernatural, which must be known and observed in order to attain salvation.
In "Humanae Vitae" the Pope taught, with the divine assistance he
enjoys (cf. "Lumen Gentium", n. 25a), what the Church's ordinary Magisterium
had always held to be true and right, and what had been reconfirmed by the
extraordinary Magisterium of Vatican II. The arguments of those who claim
to pass judgment on the basis of their knowledge do not stand up against
this Magisterium: between the two teachings there is a substantial
difference of quality and not only of degree. The teaching of "Humanae
Vitae" is Magisterium - though ordinary - which contains decisions belonging
to a divinely established authority (cf. canon 331; "Lumen Gentium" nn. 18a,
20c, 22b, 23c; "Christus Dominus" n. 2a) and exercised in order to interpret
and teach (as in our case) the moral norms of human conduct. If he were not
the Pope, he would lose his legitimate power and the intrinsic reason for
his ministry; at most he could carry out a scholarly magisterium, which,
however, would not be of use to the Church and to which he has not been
appointed by the Church's Founder; he would lack the supernatural "virtus"
of assisting and confirming his brethren in the faith and in the moral law
(cf. Lk. 22:32, Mt. 16:29; Vatican I, Dogm. Const. "Pastor Aeternus", DS
3074).
It is Jesus himself who wanted the Pope to have a Magisterium of
authority, having entrusted him with the mission of teaching men the truths
to be believed and the duties to be fulfilled. In promulgating "Humanae
Vitae" Paul VI acted within and by force of this Magisterium. He proposed
anew "a teaching which is based on the natural law as illuminated and
enriched by divine Revelation." Paul VI therefore says: "Let no Catholic be
heard to assert that the interpretation of the natural moral law is outside
the competence of the church's Magisterium. It is in fact indisputable, as
our Predecessors have many times declared (Pius XI, St. Pius X, Pius XII and
John XXIII are cited), that Jesus Christ, when he communicated his divine
power to Peter and the other Apostles and sent them to teach all nations his
commandments (cf. Mt. 28:18029), constituted them as the authentic guardians
and interpreters of the whole moral law, not only, that is, of the law of the
Gospel but also of the natural law, the reason being that the natural law
declares the will of God, and its faithful observance is necessary for men's
eternal salvation" ("Humanae Vitae", n. 4).
'HUMANAE VITAE' IS TEACHING OF ORDINARY MAGISTERIUM
In this dogmatic exposition Paul VI was also supported by the recent
conciliar Magisterium. On 7 December 1965, the Pope, in union with the
Fathers of Vatican II, promulgated the Pastoral Constitution "Gaudium et
Spes", the third chapter of which has a wealth of doctrinal teaching on the
dignity of marriage and the family. Particular light is shed on our
question by the statement we find in n. 50 of this Constitution, entitled
"The Fruitfulness of Marriage." After stating with extreme clarity that
marriage and married love are ordered by their very nature to the
procreation and education and education of children, the Council exhorts
Christian couples to adhere to the Church's teaching and not to follow their
own fancy, but "*always be governed* by a conscience in conformity with the
divine law and *be docile to the Church's Magisterium*, which authentically
interprets that law in the light of the Gospel" (n. 50b). Therefore, on the
basis of Vatican II's teaching as well, the Pope did not speak in "Humanae
Vitae" as a private theologian like other theologians, but in virtue of the
mandate entrusted to him by Christ, as he himself fittingly stated in his
Encyclical (cf. n. 6).
And however much he may have agonized before publishing the
Encyclical an sought to understand all the varying opinions, as the
Successor of Peter and the Vicar of Christ he rightly and solemnly declared
that "we, by virtue of the mandate entrusted to us by Christ, intend to give
our reply to this series of grave questions" (n. 6). This is authentic
Magisterium; this is acting as a sure teacher with the clear conscience that
he is speaking with an authority he knows he has received and who is well
aware that he is teaching rules of moral conduct "in the name of Jesus
Christ" and "with the help of the Holy Spirit." ("Dei Verbum", n. 10b).
The Servant of God Paul VI's Encyclical "Humanae Vitae" thus has the
authority of the Church's ordinary Magisterium and therefore its teaching
must be given "a religious submission of intellect and will; the Christian
faithful are to take care to avoid whatever is not in harmony with that
teaching" (canon 752). Vatican II had already expressed it well: "This
loyal submission of will and intellect must be given, in a special way, to
the authentic Magisterium of the Roman Pontiff, *even when he does not speak
'ex cathedra' in such wise*, indeed, that his supreme teaching authority be
acknowledged with respect, and that one sincerely adhere to decisions made
by him, in conformity with his manifest mind and intention, which is made
known principally either by the character of the documents in question, or
by the frequency with which a certain doctrine is proposed, or by the manner
in which the doctrine is formulated" ("Lumen Gentium", n. 25a).
It is almost unnecessary to recall that John Paul II not once but
many times has supported and proposed anew the teaching of "Humanae Vitae",
with the full conviction that "it is necessary to make God's marvelous plan
for married love procreation and family upbringing shine in the sight of new
generations." The recent CATECHISM OF THE CATHOLIC CHURCH has reconfirmed
the teaching of "Humanae Vitae". (Cf. nn. 2366-2372).
We conclude as we began with another beautiful statement of St.
Thomas Aquinas: "Against his (the Pope's) authority neither Jerome nor
Augustine can assert his own opinion." ("Summa Theologica", II-II, 1. 11,
a.2, ad 3.).
"THE LIBRARY" by AVATAR on Sept. 30, 1992 at 23:02 Eastern, about THE PLACE
FOR ARCHIVING LONG FILES (57 notes).
Note 56 by AVATAR on Sept. 12, 1993 at 23:04 Eastern (12126 characters).
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