[…] 7. BY matrimony, therefore, the souls of the contracting parties are joined and knit together more directly and more intimately than are their bodies, and that not by any passing affection of sense of spirit, but by a deliberate and firm act of the will; and from this union of souls by God’s decree, a sacred and inviolable bond arises. Hence the nature of this contract, which is proper and peculiar to it alone, makes it entirely different both from the union of animals entered into by the blind instinct of nature alone in which neither reason nor free will plays a part, and also from the haphazard unions of men, which are far removed from all true and honorable unions of will and enjoy none of the rights of family life.

8. From this it is clear that legitimately constituted authority has the right and therefore the duty to restrict, to prevent, and to punish those base unions which are opposed to reason and to nature; but since it is a matter which flows from human nature itself, no less certain is the teaching of Our predecessor, Leo XIII of happy memory:^[7] “In choosing a state of life there is no doubt but that it is in the power and discretion of each one to prefer one or the other: either to embrace the counsel of virginity given by Jesus Christ, or to bind himself in the bonds of matrimony. To take away from man the natural and primeval right of marriage, to circumscribe in any way the principal ends of marriage laid down in the beginning by God Himself in the words ‘Increase and multiply,’^[8] is beyond the power of any human law.”

9. Therefore the sacred partnership of true marriage is constituted both by the will of God and the will of man. From God comes the very institution of marriage, the ends for which it was instituted, the laws that govern it, the blessings that flow from it; while man, through generous surrender of his own person made to another for the whole span of life, becomes, with the help and cooperation of God, the author of each particular marriage, with the duties and blessings annexed thereto from divine institution.

10. Now when We come to explain, Venerable Brethren, what are the blessings that God has attached to true matrimony, and how great they are, there occur to Us the words of that illustrious Doctor of the Church whom We commemorated recently in Our Encyclical Ad salutem on the occasion of the fifteenth centenary of his death:^[9] “These,” says St. Augustine, “are all the blessings of matrimony on account of which matrimony itself is a blessing;

[1] offspring,

[2] conjugal faith

[3] and the sacrament.”^[10]

And how under these three heads is contained a splendid summary of the whole doctrine of Christian marriage, the holy Doctor himself expressly declares when he said:

[1] “By conjugal faith it is provided that there should be no carnal intercourse outside the marriage bond with another man or woman;

[2] with regard to offspring, that children should be begotten of love, tenderly cared for and educated in a religious atmosphere;

[3] finally, in its sacramental aspect that the marriage bond should not be broken and that a husband or wife, if separated, should not be joined to another even for the sake of offspring.

This we regard as the law of marriage by which the fruitfulness of nature is adorned and the evil of incontinence is restrained.”^[11]

11. Thus amongst the blessings of marriage, the CHILD HOLDS the FIRST PLACE. And indeed the Creator of the human race Himself, Who in His goodness wishes to use men as His helpers in the propagation of life, taught this when, instituting marriage in Paradise, He said to our first parents, and through them to all future spouses: “Increase and multiply, and fill the earth.”^[12] As St. Augustine admirably deduces from the words of the holy Apostle Saint Paul to Timothy^[13] when he says: “The Apostle himself is therefore a witness that marriage is for the sake of generation: ‘I wish,’ he says, ‘young girls to marry.’ And, as if someone said to him, ‘Why?,’ he immediately adds: ‘To bear children, to be mothers of families’.”^[14]

12. How great a boon of God this is, and how great a blessing of matrimony is clear from a consideration of man’s dignity and of his sublime end. For man surpasses all other visible creatures by the superiority of his rational nature alone. Besides, God wishes men to be born not only that they should live and fill the earth, but much more that they may be worshippers of God, that they may know Him and love Him and finally enjoy Him for ever in heaven; and this end, since man is raised by God in a marvelous way to the supernatural order, surpasses all that eye hath seen, and ear heard, and all that hath entered into the heart of man.^[15] From which it is easily seen how great a gift of divine goodness and how remarkable a fruit of marriage are children born by the omnipotent power of God through the cooperation of those bound in wedlock.

13. But Christian parents must also understand that they are destined not only to propagate and preserve the human race on earth, indeed not only to educate any kind of worshippers of the true God, but children who are to become members of the Church of Christ, to raise up fellow-citizens of the Saints, and members of God’s household,^[16] that the worshippers of God and Our Savior may daily increase.

14. For although Christian spouses even if sanctified themselves cannot transmit sanctification to their progeny, nay, although the very natural process of generating life has become the way of death by which original sin is passed on to posterity, nevertheless, they share to some extent in the blessings of that primeval marriage of Paradise, since it is theirs to offer their offspring to the Church in order that by this most fruitful Mother of the children of God they may be regenerated through the laver of Baptism unto supernatural justice and finally be made living members of Christ, partakers of immortal life, and heirs of that eternal glory to which we all aspire from our inmost heart.

[…] 19. The second blessing of matrimony which We said was mentioned by St. Augustine, is the blessing of conjugal honor which consists in the mutual fidelity of the spouses in fulfilling the marriage contract, so that what belongs to one of the parties by reason of this contract sanctioned by divine law, may not be denied to him or permitted to any third person; nor may there be conceded to one of the parties anything which, being contrary to the rights and laws of God and entirely opposed to matrimonial faith, can never be conceded.

 […] 23. This conjugal faith, however, which is most aptly called by St. Augustine the “faith of chastity” blooms more freely, more beautifully and more nobly, when it is rooted in that more excellent soil, the love of husband and wife which pervades all the duties of married life and holds pride of place in Christian marriage. For matrimonial faith demands that husband and wife be joined in an especially holy and pure love, not as adulterers love each other, but as Christ loved the Church. This precept the Apostle laid down when he said: “Husbands, love your wives as Christ also loved the Church,”^[24] that Church which of a truth He embraced with a boundless love not for the sake of His own advantage, but seeking only the good of His Spouse.^[25] The love, then, of which We are speaking is not that based on the passing lust of the moment nor does it consist in pleasing words only, but in the deep attachment of the heart which is expressed in action, since love is proved by deeds.^[26] This outward expression of love in the home demands not only mutual help but must go further; must have as its primary purpose that man and wife help each other day by day in forming and perfecting themselves in the interior life, so that through their partnership in life they may advance ever more and more in virtue, and above all that they may grow in true love toward God and their neighbor, on which indeed “dependeth the whole Law and the Prophets.”^[27] For all men of every condition, in whatever honorable walk of life they may be, can and ought to imitate that most perfect example of holiness placed before man by God, namely Christ Our Lord, and by God’s grace to arrive at the summit of perfection, as is proved by the example set us of many saints.

[…] 54. But no reason, however grave, may be put forward by which anything intrinsically against nature may become conformable to nature and morally good. Since, therefore, the conjugal act is destined primarily by nature for the begetting of children, those who in exercising it deliberately frustrate its natural power and purpose sin against nature and commit a deed which is shameful and intrinsically vicious.

55. Small wonder, therefore, if Holy Writ bears witness that the Divine Majesty regards with greatest detestation this horrible crime and at times has punished it with death. As St. Augustine notes, “Intercourse even with one’s legitimate wife is unlawful and wicked where the conception of the offspring is prevented. Onan, the son of Juda, did this and the Lord killed him for it.”^[45]

[…] 59. Holy Church knows well that not infrequently one of the parties is sinned against rather than sinning, when for a grave cause he or she reluctantly allows the perversion of the right order. In such a case, there is no sin, provided that, mindful of the law of charity, he or she does not neglect to seek to dissuade and to deter the partner from sin. Nor are those considered as acting against nature who in the married state use their right in the proper manner although on account of natural reasons either of time or of certain defects, new life cannot be brought forth. For in matrimony as well as in the use of the matrimonial rights there are also secondary ends, such as mutual aid, the cultivating of mutual love, and the quieting of concupiscence which husband and wife are not forbidden to consider so long as they are subordinated to the primary end and so long as the intrinsic nature of the act is preserved.

63. But another very grave crime is to be noted, Venerable Brethren, which regards the taking of the life of the offspring hidden in the mother’s womb. Some wish it to be allowed and left to the will of the father or the mother; others say it is unlawful unless there are weighty reasons which they call by the name of medical, social, or eugenic “indication.” Because this matter falls under the penal laws of the state by which the destruction of the offspring begotten but unborn is forbidden, these people demand that the “indication,” which in one form or another they defend, be recognized as such by the public law and in no way penalized. There are those, moreover, who ask that the public authorities provide aid for these death-dealing operations, a thing, which, sad to say, everyone knows is of very frequent occurrence in some places.

64. As to the “medical and therapeutic indication” to which, using their own words, we have made reference, Venerable Brethren, however much we may pity the mother whose health and even life is gravely imperiled in the performance of the duty allotted to her by nature, nevertheless what could ever be a sufficient reason for excusing in any way the direct murder of the innocent? This is precisely what we are dealing with here. Whether inflicted upon the mother or upon the child, it is against the precept of God and the law of nature: “Thou shalt not kill:”[Exod., XX, 13; cfr. Decr. S. Offic. 4 May 1897, 24 July 1895; 31 May 1884.] The life of each is equally sacred, and no one has the power, not even the public authority, to destroy it. It is of no use to appeal to the right of taking away life for here it is a question of the innocent, whereas that right has regard only to the guilty; nor is there here question of defense by bloodshed against an unjust aggressor (for who would call an innocent child an unjust aggressor?); again there is not question here of what is called the “law of extreme necessity” which could even extend to the direct killing of the innocent. Upright and skillful doctors strive most praiseworthily to guard and preserve the lives of both mother and child; on the contrary, those show themselves most unworthy of the noble medical profession who encompass the death of one or the other, through a pretense at practicing medicine or through motives of misguided pity.

65. All of which agrees with the stern words of the Bishop of Hippo in denouncing those wicked parents who seek to remain childless, and failing in this, are not ashamed to put their offspring to death:

 “Sometimes this lustful cruelty or cruel lust goes so far as to seek to procure a baneful sterility, and if this fails the fetus conceived in the womb is in one way or another smothered or evacuated, in the desire to destroy the offspring before it has life, or if it already lives in the womb, to kill it before it is born. If both man and woman are party to such practices they are not spouses at all; and if from the first they have carried on thus they have come together not for honest wedlock, but for impure gratification; if both are not party to these deeds, I make bold to say that either the one makes herself a mistress of the husband, or the other simply the paramour of his wife.”

^[St. August., De nupt. et concupisc., cap. XV.^]

66. What is asserted in favor of the social and eugenic “indication” may and must be accepted, provided lawful and upright methods are employed within the proper limits; but to wish to put forward reasons based upon them for the killing of the innocent is unthinkable and contrary to the divine precept promulgated in the words of the Apostle: Evil is not to be done that good may come of it. ^[Rom., III, 8.^]

67. Those who hold the reins of government should not forget that it is the duty of public authority by appropriate laws and sanctions to defend the lives of the innocent, and this all the more so since those whose lives are endangered and assailed cannot defend themselves. Among whom we must mention in the first place infants hidden in the mother’s womb. And if the public magistrates not only do not defend them, but by their laws and ordinances betray them to death at the hands of doctors or of others, let them remember that God is the Judge and Avenger of innocent blood which cried from earth to Heaven. ^[Gen., 4, 10.^]

68. FINALLY, that pernicious practice must be condemned which closely touches upon the natural right of man to enter matrimony but affects also in a real way the welfare of the offspring. For there are some who over solicitous for the cause of eugenics, not only give salutary counsel for more certainly procuring the strength and health of the future child - which, indeed, is not contrary to right reason - but put eugenics before aims of a higher order, and by public authority wish to prevent from marrying all those whom, even though naturally fit for marriage, they consider, according to the norms and conjectures of their investigations, would, through hereditary transmission, bring forth defective offspring. And more, they wish to legislate to deprive these of that natural faculty by medical action despite their unwillingness; and this they do not propose as an infliction of grave punishment under the authority of the state for a crime committed, not to prevent future crimes by guilty persons, but against every right and good they wish the civil authority to arrogate to itself a power over a faculty which it never had and can never legitimately possess.

69. Those who act in this way are at fault in losing sight of the fact that the family is more sacred than the State and that men are begotten not for the earth and for time, but for Heaven and eternity. Although often these individuals are to be dissuaded from entering into matrimony, certainly it is wrong to brand men with the stigma of crime because they contract marriage, on the ground that, despite the fact that they are in every respect capable of matrimony, they will give birth only to defective children, even though they use all care and diligence.

70. Public magistrates have no direct power over the bodies of their subjects; therefore, where no crime has taken place and there is no cause present for grave punishment, they can never directly harm, or tamper with the integrity of the body, either for the reasons of eugenics or for any other reason. St. Thomas teaches this when inquiring whether human judges for the sake of preventing future evils can inflict punishment, he admits that the power indeed exists as regards certain other forms of evil, but justly and properly denies it as regards the maiming of the body. “No one who is guiltless may be punished by a human tribunal either by flogging to death, or mutilation, or by beating.”^[Summ. theol., 2a 2ae, q. 108 a 4 ad 2um.^]

71. Furthermore, Christian doctrine establishes, and the light of human reason makes it most clear, that private individuals have no other power over the members of their bodies than that which pertains to their natural ends; and they are not free to destroy or mutilate their members, or in any other way render themselves unfit for their natural functions, except when no other provision can be made for the good of the whole body.

[…] 72. We may now consider another class of errors concerning conjugal faith. Every sin committed as regards the offspring becomes in some way a sin against conjugal faith, since both these blessings are essentially connected. However, we must mention briefly the sources of error and vice corresponding to those virtues which are demanded by conjugal faith, namely the chaste honor existing between man and wife, the due subjection of wife to husband, and the true love which binds both parties together.

73. It follows therefore that they are destroying mutual fidelity, who think that the ideas and morality of our present time concerning a certain harmful and false friendship with a third party can be countenanced, and who teach that a greater freedom of feeling and action in such external relations should be allowed to man and wife, particularly as many (so they consider) are possessed of an inborn sexual tendency which cannot be satisfied within the narrow limits of monogamous marriage. That rigid attitude which condemns all sensual affections and actions with a third party they imagine to be a narrowing of mind and heart, something obsolete, or an abject form of jealousy, and as a result they look upon whatever penal laws are passed by the State for the preserving of conjugal faith as void or to be abolished. Such unworthy and idle opinions are condemned by that noble instinct which is found in every chaste husband and wife, and even by the light of the testimony of nature alone, - a testimony that is sanctioned and confirmed by the command of God:”Thou shalt not commit adultry,”^[55] and the words of Christ: “Whosoever shall look on a woman to lust after her hath already committed adultery with her in his heart.”^[56] The force of this divine precept can never be weakened by any merely human custom, bad example or pretext of human progress, for just as it is the one and the same “Jesus Christ, yesterday and today and the same for ever,”^[57] so it is the one and the same doctrine of Christ that abides and of which no one jot or tittle shall pass away till all is fulfilled.^[58]

74. The same false teachers who try to dim the luster of conjugal faith and purity do not scruple to do away with the honorable and trusting obedience which the woman owes to the man. Many of them even go further and assert that such a subjection of one party to the other is unworthy of human dignity, that the rights of husband and wife are equal; wherefore, they boldly proclaim the emancipation of women has been or ought to be effected. This emancipation in their ideas must be threefold, in the ruling of the domestic society, in the administration of family affairs and in the rearing of the children. It must be social, economic, physiological: - physiological, that is to say, the woman is to be freed at her own good pleasure from the burdensome duties properly belonging to a wife as companion and mother (We have already said that this is not an emancipation but a crime); social, inasmuch as the wife being freed from the cares of children and family, should, to the neglect of these, be able to follow her own bent and devote herself to business and even public affairs; finally economic, whereby the woman even without the knowledge and against the wish of her husband may be at liberty to conduct and administer her own affairs, giving her attention chiefly to these rather than to children, husband and family.

75. This, however, is not the true emancipation of woman, nor that rational and exalted liberty which belongs to the noble office of a Christian woman and wife; it is rather the debasing of the womanly character and the dignity of motherhood, and indeed of the whole family, as a result of which the husband suffers the loss of his wife, the children of their mother, and the home and the whole family of an ever watchful guardian. More than this, this false liberty and unnatural equality with the husband is to the detriment of the woman herself, for if the woman descends from her truly regal throne to which she has been raised within the walls of the home by means of the Gospel, she will soon be reduced to the old state of slavery (if not in appearance, certainly in reality) and become as amongst the pagans the mere instrument of man.

76. This equality of rights which is so much exaggerated and distorted, must indeed be recognized in those rights which belong to the dignity of the human soul and which are proper to the marriage contract and inseparably bound up with wedlock. In such things undoubtedly both parties enjoy the same rights and are bound by the same obligations; in other things there must be a certain inequality and due accommodation, which is demanded by the good of the family and the right ordering and unity and stability of home life.

[…] 79. We have so far, Venerable Brethren, shown the excellency of the first two blessings of Christian wedlock which the modern subverters of society are attacking. And now considering that the third blessing, which is that of the sacrament, far surpasses the other two, we should not be surprised to find that this, because of its outstanding excellence, is much more sharply attacked by the same people. They put forward in the first place that matrimony belongs entirely to the profane and purely civil sphere, that it is not to be committed to the religious society, the Church of Christ, but to civil society alone. They then add that the marriage contract is to be freed from any indissoluble bond, and that separation and divorce are not only to be tolerated but sanctioned by the law; from which it follows finally that, robbed of all its holiness, matrimony should be enumerated amongst the secular and civil institutions. The first point is contained in their contention that the civil act itself should stand for the marriage contract (civil matrimony, as it is called), while the religious act is to be considered a mere addition, or at most a concession to a too superstitious people. Moreover they want it to be no cause for reproach that marriages be contracted by Catholics with non-Catholics without any reference to religion or recourse to the ecclesiastical authorities. The second point which is but a consequence of the first is to be found in their excuse for complete divorce and in their praise and encouragement of those civil laws which favor the loosening of the bond itself. As the salient features of the religious character of all marriage and particularly of the sacramental marriage of Christians have been treated at length and supported by weighty arguments in the encyclical letters of Leo XIII, letters which We have frequently recalled to mind and expressly made our own, We refer you to them, repeating here only a few points.

80. Even by the light of reason alone and particularly if the ancient records of history are investigated, if the unwavering popular conscience is interrogated and the manners and institutions of all races examined, it is sufficiently obvious that there is a certain sacredness and religious character attaching even to the purely natural union of man and woman, “not something added by chance but innate, not imposed by men but involved in the nature of things,” since it has “God for its author and has been even from the beginning a foreshadowing of the Incarnation of the Word of God.”^[60] This sacredness of marriage which is intimately connected with religion and all that is holy, arises from the divine origin we have just mentioned, from its purpose which is the begetting and education of children for God, and the binding of man and wife to God through Christian love and mutual support; and finally it arises from the very nature of wedlock, whose institution is to be sought for in the farseeing Providence of God, whereby it is the means of transmitting life, thus making the parents the ministers, as it were, of the Divine Omnipotence. To this must be added that new element of dignity which comes from the sacrament, by which the Christian marriage is so ennobled and raised to such a level, that it appeared to the Apostle as a great sacrament, honorable in every way.^[61]

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