May 4, 1898, the Holy Office answered, with the assent of Leo XIII:
I. Premature labor in itself is not illicit, provided it is done for sufficient reason, and at the time and by such methods as will under ordinary circumstances preserve the life of the mother and the fetus.
II. As to the first part, the answer is negative, according to the decree of July 24, 1895, on the unlawfulness of abortion. As to the second part, there is no objection to the cesarean delivery at the proper time.
III. In a case of necessity, a laparotomy to remove an ectopic fetus from the mother is licit, provided the lives of both mother and fetus are, so far as is possible, carefully and opportunely preserved.[96]
[96] "Dummodo et foetus et matris vitae serio et opportune provideatur."
March 5, 1902, this question was asked the Holy Office: "Is it ever licit to remove an ectopic fetus from the mother while the fetus is under six months of age from the time of conception?"
The answer was: "_Negatively_, in accord with the decree of May 4, 1898, by which the lives of the fetus and mother, as far as possible, are carefully and opportunely preserved. As to the time, the questioner is reminded by the same decree that no premature delivery is licit unless effected at the time and by the methods which, under ordinary circumstances, will preserve the lives of mother and fetus."
The English civil law concerning abortion[97] is:
"Whoever shall unlawfully supply or procure any poison or other noxious thing, or any instrument or thing whatsoever, knowing that the same is intended to be unlawfully used or employed with intent to procure the miscarriage of any woman, whether she be or be not with child, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labor."
[97] Statutes 24 and 25, Victoria, cap. 100, sec. 59.
Alfred Susaine Taylor,[98] commenting on this law, said: "Strictly speaking, there is no such thing as justifiable abortion; the law recognizes no such possibility. A medical man must always remember this when he contemplates emptying a pregnant uterus.