The source
The 1853 response is one such piece of incredible evidence. The source quoted, a local moral theology book, is not a first hand source for a Sacred Penitentiary (a Roman Congregation) response. Therefore, it is an unofficial and fallible response. And even if it were an official response, it would still be fallible. That is the main point: the evidence is fallible.
The meaning
The meaning of the response is ambiguous. While it has two interpretations, heretical and orthodox, one cannot be certain of either.
Mark A. Pivarunas, On the Question of Natural Family Planning: “The very concept of “rhythm” was first considered by the Catholic Church in 1853. The Bishop of Amiens, France, submitted the following question to the Sacred Penitentiary:
“[Q.] Certain married couples, relying on the opinion of learned physicians, are convinced that there are several days each month in which conception cannot occur. Are those who do not use the marriage right except on such days to be disturbed, especially if they have legitimate reasons for abstaining from the conjugal act?”
Mark A. Pivarunas: “On March 2, 1853, the Sacred Penitentiary (during the reign of Pope Pius IX) answered as follows:
“[A.] Those spoken of in the request are not to be disturbed, providing that they do nothing to impede conception.”
The first part of the response seems to allow for the contraceptive method of NFP, but the second part does not by saying the spouses can “do nothing to impede conception.”
The purpose of NFP is to impede conception when the spouses have conjugal relations. If spouses come together only during the infertile period with the purpose of preventing conception, they are clearly attempting to impede conception. Therefore, the seemingly heretical first part of the response contradicts the orthodox second part.
I will now present a possible orthodox interpretation.
There are non-sinful reasons why spouses cannot have relations during known fertile periods, such as the husband is on a business trip or one spouse is sick, etc. Because they did not deliberately impede the fertile period for the purpose of preventing conception, they can have relations during the known infertile period without sinning, even though they did not have relations during the fertile period. For instance, if a husband is away from home during his wife’s known fertile period and returns to his wife during her known infertile period, he can still have conjugal relations with her without sinning as long as he did not deliberately avoid the fertile period for the purpose of preventing conception. In this case the spouses did not sin, even though they had marital relations only during the wife’s known infertile period. Pope Pius XI specifically refers to this fact in his encyclical, Casti Connubii.
Pope Pius XI, Casti Connubii (# 59), Dec. 31, 1930: “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 matrimonial rights there are also secondary ends, such as mutual aid, the cultivation 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 [Procreation of children] AND SO LONG AS THE INTRINSIC NATURE OF THE ACT IS PRESERVED.”
Pope Pius XI says that the “primary end,” that is, bearing children, must be desired and preserved; therefore, the spouses must not do anything that is against the primary end of marriage, that is, the procreation and education of children.
Nowhere does Pius XI teach that spouses can deliberately avoid the wife’s fertile period in order to prevent conception when they come together during the infertile period. He is only teaching that spouses can have conjugal relations during the known infertile period or if one of the spouses has a defect, a barren womb or sterile seed. And, he clearly adds that even then they must be “subordinated to the primary end [bearing children].”
The spouses must conform to the intrinsic nature of the act by being open to conception both in mind and deed. If they are not, they are denying the intrinsic nature of the act.
The last part of the 1853 response, “provided they do nothing to impede conception,” supports the orthodox interpretation. There can be no act, plan, or desire to impede conception when the marital act takes place. The spouses must always desire to have children if God wills they should have children, even if conception is improbable or impossible (such as in a barren womb). The 1853 response clearly says that no action may be taken by the spouses that would impede conception: “[A.] Those spoken of in the request are not to be disturbed, providing that they do nothing to impede conception.” All impediments are condemned. The goal of NFP is to impede conception when the spouses engage in the marital act.
The decree does not specify any specific type of impediment. It condemns all impediments. The point of the response is if spouses are going to have relations during known infertile periods, they must still be subordinated to the primary purpose of marriage, the procreation and education of children, and thus cannot do or have done anything that would impede or prevent it.
The 1880 response
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