Can. 1398  A person who actually procures an abortion incurs a latae sententiae excommunication.  (Automatic excommunication by reason of the act.)

Can. 1329 §2  In the case of latae sententiae penalty attached to an offense, accomplices, even though not mentioned in the law or precept, incur the same penalty if, without their assistance, the crime would not have been committed, and if the penalty is of such a nature as to be able to affect them; otherwise, they can be punished with ferendae sententiae penalties.

Can. 1323  No one is liable to a penalty who, when violating a law or precept:
1º _ has not completed the sixteenth year of age;
2º _ was, without fault, ignorant of violating the law or precept; inadvertence and error are equivalent to ignorance;
3º _ acted under physical force, or under the impetus of a chance occurrence which the person could not foresee or if foreseen could not avoid;
4º _ acted under the compulsion of grave fear, even if only relative, or by reason of necessity or grave inconvenience, unless, however the act is intrinsically evil or tends to be harmful to souls;
5º _ acted, within the limits of due moderation, in lawful self-defense or defense of another against an unjust aggressor;
 
Can. 1324  §1  The perpetrator of a violation is not exempted from penalty, but the penalty prescribed in the law or precept must be diminished, or a penance substituted in its place, if the offense was committed by:
1º _ one who has only an imperfect use of reason;
4º _ a minor who has completed the sixteenth year of age;
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DIFFICULTY WITH LOGIC

Major premise: All human beings come into existence in the same manner, i.e., the spirit is united with the body in the moment conception (the instant of fertilization of the ovum). [Jesus was no exception.  The created seed of God the Father was united with the ovum of Mary by the operative action of the Holy Spirit and in that moment the Incarnation occurred.  The spirit of Jesus then existed in a human body.  Conception had taken place.  The Blessed Virgin Mary and the rest of the human race came into existence in the same manner with the only difference being that Mary and the rest of us had our spirits created by God the Father while it was the male seed of God the Father which fertilized the ovum of Mary that was then in that moment the body of Jesus.  The sinless or Immaculate Conception of Mary -- dogmatically defined -- was by exception a special grace given to her and had nothing to do with a special existence, in her regard, at the moment of conception.]

Minor premise: Mary is a human being and by dogmatic definition she existed fully in the moment of conception.

Conclusion: All human beings, by logical extension of dogmatic definition, exist fully in the moment of conception.

1. Human life irrefutably begins in the moment of conception.  The fullness of personhood exists throughout pregnancy just as it does following birth.  This is implicitly defined in the Dogma of the Immaculate Conception which clearly cannot be interpreted as the dogma of implantation, quickening, viability, or birth.

Clergy upon reading or otherwise being made aware of the contents of these documents would no longer have the protection of this canon.  The penalty would become effective, i.e., morally binding in conscious and for final judgement.  Such a person would then have knowledge of the penalty and would thenceforth have a dilemma in conscious in regard to further service in the Church so long as the penalty remained.  Those without moral conscious would already be condemned and it would be expected they would not react.

Those who have read the article should make an effort to see to it that clergy, particularly bishops, are made aware of the position.  If they should fail to reform then they should be treated as outcasts.  Public statements could, and perhaps should, then be made against them; particularly if the contents of the concept were re-presented to such persons in the presence of one or more witnesses.  NOTE: Contributing to a diocese or parish controlled by a guilty bishop or priest would join you with their guilt.

Church discipline has always depended on the holiness of men in the Church, rather they were lay or clergy.  Too few, either lay or clergy, in our present age (as in former ages; and will again --no doubt-- occur in future generations) are willing to work as servants of God seeking both orthodoxy and discipline in the Church.  Each individual who has been given understanding of God's will is obligated to put that understanding into practice for the sake of his own salvation.  When enough men of good faith have sincere interest in acting according to God's will, then and only then will there be a return to orthodoxy and discipline with resulting peace to the faithful.  If on the other hand too few are willing to serve, then the earth can only expect great penalty at the warrant of God.

E-MAIL RETURN RESPONSE:

Fr. David -- Your note concerning the responsibilities and obligations of the faithful regarding warning those in sin has given me a lot to think about.  I'm wary of being a "Protestant" Catholic but will have to ponder what you've said. -- Dan
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1.  Excerpted from Compton's Reference Collection 1996. Copyright © 1995 Compton's NewMedia, Inc.

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