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Pope John Paul II's Address to Roman Rota on Marriage Annulment

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Pope's Address to Roman Rota on Marriage Annulment

"Unjust Sentences Are Never a True Pastoral Solution"

VATICAN CITY, FEB. 14, 2005 (Zenit.org ).- Here is a translation of the address John Paul II delivered Jan. 29 to the prelate judges, defenders of the bond, and lawyers of the Roman Rota, for the opening of the judicial year.

ADDRESS OF JOHN PAUL II TO MEMBERS OF THE TRIBUNAL OF THE ROMAN ROTA

Saturday, 29 January 2005

This annual appointment with you, dear Prelate Auditors of the Apostolic Tribunal of the Roman Rota, highlights the essential connection between your precious work and the judicial aspect of the Petrine ministry. The words of the Dean of your College have expressed your common commitment to full fidelity in your ecclesial service.

It is in this perspective that I would like to place certain considerations concerning the moral dimension of the activity of all who work at the ecclesiastical tribunals, especially the duty to conform to the truth about marriage as the Church teaches it.
The ethical question has always been asked very pointedly in any kind of judicial proceedings. In fact, individual or collective interests can induce the parties to resort to various kinds of duplicity and even bribery in order to attain a favorable sentence.

Nor are canonical proceedings, in which an attempt is made to discover the truth about whether or not a marriage exists, immune from this risk. The unquestionable importance of this for the moral conscience of the parties involved reduces the likelihood of acquiescence to interests alien to the quest for the truth. Nevertheless, cases can exist in which a similar acquiescence is expressed that jeopardizes the regularity of the proceedings. The firm reaction of canon law to such behavior is well known (cf. CIC, cann. 1389, 1391, 1457, 1488, 1489)¹.

However, in the current circumstances there is also the threat of another risk. In the name of what they claim to be pastoral requirements, some voices have been raised proposing to declare marriages that have totally failed null and void. These persons propose that in order to obtain this result, recourse should be made to the expedient of retaining the substantial features of the proceedings, simulating the existence of an authentic judicial verdict. Such persons have been tempted to provide reasons for nullity and to prove them in comparison with the most elementary principles of the body of norms and of the Church's Magisterium.

The objective juridical and moral gravity of such conduct, which in no way constitutes a pastorally valid solution to the problems posed by matrimonial crises, is obvious. Thanks be to God, there is no lack of faithful people who refuse to let their consciences be deceived. Moreover, many of them, despite being personally involved in a conjugal crisis, are not prepared to solve it except by keeping to the path of truth.
In my annual Addresses to the Roman Rota, I have referred several times to the essential relationship that the process has with the search for objective truth. It is primarily the Bishops, by divine law judges in their own communities, who must be responsible for this. It is on their behalf that the tribunals administer justice. Bishops are therefore called to be personally involved in ensuring the suitability of the members of the tribunals, diocesan or interdiocesan, of which they are the Moderators, and in verifying that the sentences passed conform to right doctrine.

Sacred Pastors cannot presume that the activity of their tribunals is merely a "technical" matter from which they can remain detached, entrusting it entirely to their judicial vicars (cf. CIC, cann. 391, 1419, 1423§1). ²

The criterion that inspires the deontology of the judge is his love for the truth. First and foremost, therefore, he must be convinced that the truth exists. The truth must therefore be sought with a genuine desire to know it, despite all the inconveniences that may derive from such knowledge. It is necessary to resist the fear of the truth that can, at times, stem from the dread of annoying people. The truth, which is Christ himself (cf. John 8:32,36), sets us free from every form of compromise with interested falsehoods.

The judge who truly acts as a judge, in other words, with justice, neither lets himself be conditioned by feelings of false compassion for people, nor by false models of thought, however widespread these may be in his milieu. He knows that unjust sentences are never a true pastoral solution, and that God's judgment of his own actions is what counts for eternity.
The judge must then abide by canonical laws, correctly interpreted. Hence, he must never lose sight of the intrinsic connection of juridical norms with Church doctrine. Indeed, people sometimes presume to separate Church law from the Church's magisterial teaching as though they belonged to two separate spheres; they suppose the former alone to have juridically binding force, whereas they value the latter merely as a directive or an exhortation.

Such an approach basically reveals a positivist mindset which is in contradiction with the best of the classical and Christian juridical tradition concerning the law. In fact, the authentic interpretation of God's Word, exercised by the Magisterium of the Church (cf. Second Vatican Council, Dogmatic Constitution on Divine Revelation "Dei Verbum," No. 10) ², has juridical value to the extent that it concerns the context of law, without requiring any further formal procedure in order to become juridically and morally binding.

For a healthy juridical interpretation, it is indispensable to understand the whole body of the Church's teachings, and to place every affirmation systematically in the flow of tradition. It will thus be possible to avoid selective and distorted interpretations and useless criticisms at every step.

Lastly, the preliminary investigation of the case is an important stage in the search for the truth. The very reason for its existence is endangered and degenerates into pure formalism when the outcome of the proceedings is taken for granted. It is true that the entitlement to timely justice is also part of the concrete service to the truth and constitutes a personal right. Yet false speed to the detriment of the truth is even more seriously unjust.
I would like to end this Meeting by offering my truly heartfelt thanks to you, Prelate Auditors, Officials, Advocates and all who work at this Apostolic Tribunal, as well as to the members of the "Studium Rotale."

You know that you can count on the prayers of the Pope and of many people of good will who recognize the value of your work at the service of the truth. The Lord will repay your daily efforts with peace and joy of conscience and with the esteem and support of those who love justice, not only in the life to come but already in this life.

In expressing the wish that the truth of justice will shine out ever more brightly in the Church and in your lives, I cordially impart my Blessing to you all.

[Translation published on the Holy See's Web page] ZE05021410

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¹
- Can. 1389
  - §1 A person who abuses ecclesiastical power or an office, is to be punished according to the gravity of the act or the omission, not excluding by deprivation of the office, unless a penalty for that abuse is already established by law or precept.
  - §2 A person who, through culpable negligence, unlawfully and with harm to another, performs or omits an act of ecclesiastical power or ministry or office, is to be punished with a just penalty.
- Can 1391 The following can be punished with a just penalty, according to the gravity of the offence:
  
  1º a person who composes a false public ecclesiastical document, or who changes or conceals a genuine one, or who uses a false or altered one;
  
  2º a person who in an ecclesiastical matter uses some other false or altered document;
  
  3º a person who, in a public ecclesiastical document, asserts something false.
- Can 1457
  - §1 Judges can be punished by the competent authority with appropriate penalties, not excluding the loss of office, if, though certainly and manifestly competent, they refuse to give judgement; if, with no legal support, they declare themselves competent and hear and determine cases; if they breach the law of secrecy; or if, through deceit or serious negligence, they cause harm to the litigants.
  - §2 Tribunal officers and assistants are subject to the same penalties if they fail in their duty as above. The judge also has the power to punish them.
- Can 1488
  - §1 Both the procurator and the advocate are forbidden to influence a suit by bribery, seek immoderate payment, or bargain with the successful party for a share of the matter in dispute. If they do so, any such agreement is invalid and they can be fined by the judge. Moreover, the advocate can be suspended from office and, if this is not a first offence, can be removed from the register of advocates by the Bishop in charge of the tribunal.
  - §2 The same sanctions can be imposed on advocates and procurators who fraudulently exploit the law by withdrawing cases from tribunals which are competent, so that they may be judged more favourable by other tribunals.
- Can 1489 Advocates and procurators who betray their office because of gifts or promises, or any other consideration, are to be suspended from the exercise of their profession, and are to be fined or punished with other suitable penalties.
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²

Can 391
- §1 The diocesan Bishop governs the particular Church entrusted tohim with legislative, executive and judicial power, in accordance with the law.
- §2 The Bishop exercises legislative power himself. He exercises executive power either personally or through Vicars general or episcopal Vicars, in accordance with the law. He exercises judicial power either personally or through a judicial Vicar and judges, in accordance with the law.
Can 1419
- §1 In each diocese and for all cases which are not expressly excepted in law, the judge of first instance is the diocesan Bishop. He can exercise his judicial power either personally or through others, in accordance with the following canons.
- §2 If the case concerns the rights or temporal goods of a juridical person represented by the Bishop, the appeal tribunal is to judge in first instance.
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Can 1423 §1 With the approval of the Apostolic See, several diocesan Bishops can agree to establish on tribunal of first instance in their dioceses, in place of the diocesan tribunals mentioned in Cann. 1419-1421. In this case the group of Bishops, or a Bishop designated by them, has all the powers which the diocesan Bishop has for his tribunal.

³ Dogmatic Constitution on Divine Revelation

Vatican II, Dei Verbum, 18 November, 1965

10. Sacred Tradition and sacred Scripture make up a single sacred deposit of the Word of God, which is entrusted to the Church. By adhering to it the entire holy people, united to its pastors, remains always faithful to the teaching of the apostles, to the brotherhood, to the breaking of bread and the prayers (cf. Acts 2:42 Greek). So, in maintaining, practicing and professing the faith that has been handed on there should be a remarkable harmony between the bishops and the faithful.

But 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 teaching office of the Church alone. Its authority in this matter is exercised in the name of Jesus Christ. Yet this Magisterium is not superior to the Word of God, but is its servant. It teaches only what has been handed on to it. At the divine command and with the help of the Holy Spirit, it listens to this devotedly, guards it with dedication and expounds it faithfully. All that it proposes for belief as being divinely revealed is drawn from this single deposity of faith.

It is clear, therefore, that, in the supremely wise arrangement of God, sacred Tradition, sacred Scripture and the Magisterium of the Church are so connected and associated that one of them cannot stand without the others. Working together, each in its own way under the action of the one Holy Spirit, they all contribute effectively to the salvation of souls.

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By kind permission of Zenit (14th February 2005) http://www.zenit.org/english/

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