«Give us today our daily theater». Alessandro Minutella remembers that he is "twice theologian" and "twice graduated", then he announces that he has confessed. Request: who has validly acquitted him?

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«GIVE US OUR DAILY THEATER TODAY». ALESSANDRO MINUTELLA REMEMBERS HAVING BEEN «TWICE THEOLOGIST AND TWICE GRADUATED», THEN HE ANNOUNCES THAT HE HAS CONFESSED. REQUEST: WHO HAS VALIDLY ACQUITTED HIM?

Minutella cannot be acquitted or receive any valid absolution unless he has retracted his heresies. E, considering that the crimes committed are reserved to the Apostolic See, anyone who acquits him without his prior public retraction, or at least in front of two witnesses in case of life-threatening danger, he would in turn incur excommunication.

– Theology and canon law –

AuthorTeodoro Beccia

Author
Teodoro Beccia

 

 

 

 

 

 

 

 

 

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In the days gone by he ended up under the fire of Alessandro Minutella - a priest from Palermo excommunicated then resigned from the clerical state - the disciple of the Servant of God the Father Divo Barsotti, the father Serafino Tognetti, "guilty" of having fulfilled his priestly duty by dissuading some people who questioned him from following this subject on the path of serious error. As always happens in these cases he is back in charge with his old mantra:

«I remind our brother Father Tognetti that Don Minutella is a theologian twice, I have two degrees in theology …».

It's time to clarify - obviously without going into the merits of the internal sacramental and extra-sacramental forum - some fundamental points to those simple people not familiar with certain ecclesiastical dynamics:

a) our, although he proclaims himself a dogmatic theologian, it is not so, having never achieved “degrees” in theology at the faculty of theology but in spirituality at the Institute of Spirituality of the Pontifical Gregorian University;

b) between one “degree” in theology (Faculty of Theology) and one in spirituality (Institute of Spirituality) there is the difference between a degree in medicine and one in nursing.

But most of all, it is always appropriate and right to clarify to non-experts that thea “degree in theology” it doesn't really exist as a title in ecclesiastical universities and that our academic titles are as follows:

1) canonical baccalaureate in theology, released later 5 year old, basic qualification equivalent for the State to a university diploma first level or so-called “three-year short degree”;

2) specialist license, released later 2 O 3 year old, a title which, added to the theological baccalaureate, is equivalent for the State to a master's degree diploma;

3) PhD, released after a minimum of at least two years, with which the title of doctor is conferred, equivalent for the State to a PhD, but not always though, it is sometimes recognized as equivalent to a postgraduate master's degree; the doctorate in theology is recognized as equivalent to the doctorate, in canon law, in biblical sciences, in philosophy, in history … however not all those other new branches considered "preparatory" or "marginal", among these spirituality.

Having clarified all it is good to remember that, when proven by the facts, the two vaunted degrees - which are non-existent according to the degrees and qualifications awarded by universities and ecclesiastical universities - were used by us to obtain these extraordinary results:

a) incur excommunication automatic by schism (can. 1364 – § 1);

b) incur automatic under excommunication for heresy (cann. 1364-1365);

(c)) incur sententiae penalties in dismissal from the clerical state with a decree issued personally by the Roman Pontiff, because he alone can inflict this extreme punishment imposed only in very rare and very serious cases.

In the “Saints and Coffee” column of 4 July, Mister I Am-Twice-Theologian (name) I-Have-Two-Bachelors-In-Theology (last name) he announced Urbi et Orbi to have confessed (!?).

Completely legitimate question: who would have acquitted him, perhaps some of his companions in misfortune were also affected by canonical provisions which strictly forbid the small group of priests following him from celebrating the Holy Mass, preach and administer confessions? By now we know his communication technique well: throw an impressive statement among the others, making it seem absolutely natural in the eyes of those who follow him.

Without — as written earlier — enter the field of the sacramental and extra-sacramental internal forum, as well as in the context of the work of the priest who has received his sacramental confession, it is necessary to intervene on some issues which Minutella himself has made and is making widely publicized.

For some years now Mister I Am-Twice-Theologian (name) I-Have-Two-Bachelors-In-Theology (last name), he obsessively cites canons of the Code of Canon Law, making them say what is not written in them, extrapolating and de-contextualizing them from the entire ecclesiastical legal system, as in the case of can 332 § 2, to whom I will soon dedicate an article on the topic of gift he was born in ministry of the Roman Pontiff.

Very clear and precise canon laws, in particular the can. 1331 § 1 of the C.I.C. the 1983 which prohibits the excommunicated:

1º to celebrate the Sacrifice of the Eucharist and the other sacraments;

2º to receive the sacraments;

3º to administer the sacramentals and celebrate other liturgical worship ceremonies;

4º to have any active part in the celebrations enumerated above;

5º to exercise offices or tasks or ministries or ecclesiastical functions;

6º to take government actions.

§ 2. If he excommunicates her sententiae penalties was inflicted or that automatic was declared, the offender:

1º if you want to act against the provisions of § 1, NN. 1-4, must be removed or the liturgical action must be interrupted, unless there is a serious cause to the contrary;

2º invalidates government acts, which pursuant to § 1, n. 6, they are illegal;

3º is prohibited from making use of the privileges granted to him previously;

4º does not acquire salaries held in a purely ecclesiastical capacity;

5º is incapable of holding office, assignments, ministry, functions, rights, privileges and honorific titles.

To an excommunicated person who has not made amends of his crimes against the Church and the deposit of faith it is forbidden to receive the Sacraments and if a bishop or presbyter it is forbidden to administer them. In fact, how the schismatic heretic caused public scandal, in the same way, in the desirable case he wishes to repent and receive the remission of a sin whose absolution is in itself reserved to the Apostolic See (cf.. can. 1354 §2; art. 52 of the Apostolic Constitution Good Pastors), he will equally have to publicly abjure his mistakes. I just know, for real life and death reasons it was not possible to make public statements, in that case the confessor is authorized to absolve also from crimes reserved to the Apostolic See; however, he will have to call two witnesses and have the heretic recant before them, apostate and schismatic before granting him absolution in article died.

In accordance with canon laws, Mister I Am-Twice-Theologian (name) I-Have-Two-Bachelors-In-Theology (last name) he cannot therefore be acquitted or receive any valid absolution unless he has retracted his heresies. E, considering that the crimes committed are reserved to the Apostolic See, anyone who acquits him without his prior public retraction, or at least in front of two witnesses in case of real danger to life, he would in turn incur excommunication automatic (cf.. can 969; can. 1378 §2 n. 2).

This is what canon laws establish, as opposed to the personal ones of Mister I Am-Twice-Theologian (name) I-Have-Two-Bachelors-In-Theology (last name) and his companions in misfortune, including the inventors of amphibological codes.

Velletri of Rome, 4 July 2024

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«But we are legally divorced!». The canonical process of matrimonial nullity: the phase prior to the introduction of the pamphlet and technical consultancy

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«BUT WE ARE REGULARLY DIVORCEED!». THE CANONICAL PROCESS OF MARRIAGE NULLITY: THE PHASE PRIOR TO THE INTRODUCTION OF THE LABEL AND TECHNICAL CONSULTANCY

The church, mother and teacher, as well as dispenser of grace and mercy, he never closed the door in my face, yesterday as today. If anything, they are certain Catholics, pass the expression to me: as obtuse as they are stubborn, who close doors in their own faces while in every way they are opened in front of them.

– Theology and canon law –

AuthorTeodoro Beccia

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Teodoro Beccia

 

 

 

 

 

 

 

 

 

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As already explained above - but it is worth repeating - we canonists and pastors in the care of souls also find ourselves experiencing situations so disappointing that they often appear disarming, as well as difficult to correct, especially with regards to the canonical processes of matrimonial nullity. Let's try to give an idea: although the concept is easy to understand, it is difficult to make many people understand that marriages "cannot be annulled", they can only be "declared null" when the elements and circumstances exist to declare them as such. Explanation to which one happens to hear a reply: «…cancel… null… but it's the same thing, they're just priest puns!».

Affirm that marriage annulled e marriage declared null they are the same thing hidden behind puns, is equivalent to saying that going to the mountains at two thousand meters above sea level under the glaciers or going to the sea on the beach at a temperature that approaches 40 degrees is the same, because it's always a holiday. Faced with such a statement, anyone would immediately grasp the absurd and illogical element, because sea beaches under the scorching sun and mountain heights under glaciers are two substantially different things. No one has the right to "annul" a sacramental marriage, what the Church can do, if the foreseen circumstances apply, is to declare that marriage, however formally celebrated in compliance with all the external forms required, was lacking in one or more substantial elements that render it invalid, therefore effectively null. A quel point, the competent ecclesiastical tribunal, with a reasoned sentence of nullity he declares that that marriage, even if formally celebrated, essentially and in fact it never existed at all.

«But we are legally divorced!», we have heard it said several times by rather confused Catholics who are not easy to make understand that a Court can dissolve the civil bonds deriving from the marriage contract according to the dictates of the Code of Civil Law, but with that act of divorce the sacramental marriage is not "dissolved".. The Concordat between the then Kingdom of Italy and the Holy See (1929) and the one revised between the Italian Republic and the Holy See (1984) allows religious marriage to produce the related civil effects. The two distinct acts are carried out with a single ceremony: the religious one and the civil one, with the relative transmission of the documents to the Municipality which then transcribes the marriage in its registers for the so-called civil effects.

With the Law of 1 December 1970, n. 898 divorce comes into force in Italy. Four years later, the 12 e 13 May 1974 a repeal referendum took place, promoted by the Christian Democrats, in particular from the area headed by Amintore Fanfani, with which an attempt was made to cancel that Law, but to no avail, because the majority of voters voted against its repeal.

In one of our various private editorial conversations, Father Ariel S.. Levi di Gualdo asked me a stimulating and provocative question which I consider appropriate to make public:

"How come, after the entry into force of that Law in 1970 and after its confirmation given by the Italians with a popular referendum in 1974, Paul VI did not consistently ask for the reform of the Concordat in the part concerning marriage? Hadn't we perhaps just celebrated a great pastoral council, compared several times by Paul VI himself - perhaps with a little excessive emphasis - to the First Council of Nicaea? Is it possible that no one noticed - moreover in years in which there was only talk of pastoral care and where everything seemed to be solely and exclusively pastoral - that precisely on the pastoral and pedagogical level it was now very problematic to make two acts coexist together, the religious one and the civil one, aware that civil legislation was in conflict with religious legislation by virtue of the civil law on divorce? Because we didn't ask ourselves, precisely to avoid pastoral confusion, to return to two completely separate acts: religious marriage in church pertaining only to the Church, civil marriage in the Municipality pertaining only to the State? Or maybe, more simply, we couldn't or didn't want to give up keeping our foot in politics and administration at all costs?».

A seemingly provocative question played on hyperbole, but if understood and read well, More than provocative, it has much that is historical in itself, juridical and pastoral, enough to demand answers. Or perhaps it wasn't the masters of classical scholasticism who, in order to stimulate speculation and reasoning, resorted not only to provocative speeches, but even to deliberately absurd rhetorical figures? Today, however, we are ready to feel hit and offended by anything and everything, if not worse scared of everything and everything, this ancient wisdom risks ending up completely lost, and it is the wisdom of Anselm of Aosta, Alberto Magno, Thomas Aquinas … Pity, because this wisdom, based essentially and indispensably on the critical sense, over the centuries it has generated Holy Fathers and Doctors of the Church, theological schools and solid training criteria for priestly and religious life.

In this article we will focus on it on the phase of the canonical procedure for matrimonial nullity that precedes the introduction of the bill, i.e. the introductory document necessary to start the process itself. Owner of this first phase, pursuant to can. 1674 § 11, it can be both spouses, only one of them, or the promoter of justice, but only "when the nullity has already been disclosed" («When nullity has been published») and the marriage cannot be validated or is not appropriate («If the marriage can be validated or not to be expedient»). Incidentally, let us remember that the promoter of justice is a procedural figure who in the canonical system carries out the equivalent functions of a public prosecutor.

Let us therefore pay attention to the cases in which the initiative of the previous phase is taken jointly by the two spouses or by one or two: in agreement with the other spouse or completely independently, in the impossibility of contacting the other or in his indifference or even against his will. The choice to limit attention to this situation is motivated not only by the fact that it is certainly the most common case but because the delicate point of the phase prior to the introduction of the pamphlet is precisely what the person (or those) to which it belongs, may be able to discern when it is appropriate to introduce a cause of nullity and arrive at the definition of such a will with such a degree of precision that it can then be translated into the pamphlet. While the requirements to achieve these goals are easily accessible to the promoter of justice (for its own competence, can. 1435, and for the possibility of having the support of the court structure), they are normally lacking (except in the very exceptional case in which the spouses or one of them are competent in the canonical sphere) in the spouse. Failure to address this difficulty could result in a de facto denial of the very possibility of initiating a nullity case, to the detriment of the right of the faithful to appeal to the ecclesiastical forum which canon deals with. 221 § 1 which recites:

«It is up to the faithful to legitimately claim and defend the rights they enjoy in the Church at the competent ecclesiastical court according to the law».

The evaluations and choices that the spouse is called upon to make, in the phase preceding the libel, moreover, they are particularly relevant and complex to implement and can be summarized as follows:

– retrace your romantic and marital history, with truth (coherence of logical judgment is not enough, think for example of the cases involving the type referred to in can. 1095, 2°-3°) and a certain thirdness, to bring out the problematic points (which are not only those that led to the failure of married life, as the reasons for nullity sometimes pertain to causes that are in themselves extrinsic to the quality of the couple's life);

– acquire an adequately motivated awareness of the impossibility of overcoming the reasons for conflict that have arisen in married life e, in the event that the choice of separation has already been made (or even divorce), compare its coherence with the principles established by the moral teaching of the Church and by canon law (cf.. cann. 1151-1155);

– to verify, in comparison with an expert, one's ability to act as a plaintiff in a nullity case (cf.. can. 1476 e can. 1478);

– to verify, always in comparison with an expert, whether one or more of the problematic issues identified can fall within one of the heads of nullity provided by the canonical system or whether there are no other problematic issues that have escaped the first examination but which emerge from the better knowledge of the law of the Church (for example assistance at a wedding by a minister without valid delegation, can. 1111 e can. 144) or even if there are no elements that do not lead to nullity but open up the possibility of requesting the dissolution of the bond for non-consummation or for favor of faith;

– in the event that there are elements of possible nullity, define them accurately and assign responsibility for them;

– define an organic and orderly reconstruction of the story in which the elements of possible nullity emerge and verify the possibility of adequately proving what is alleged, possibly already acquiring the accessible evidence and indicating those whose acquisition will have to be requested from the court;

– if it hasn't been done yet, involve the other spouse or at least identify the elements for his availability;

– identify the competent ecclesiastical court to contact;

– identify the procedural form to choose: brief process, ordinary process or documentary process;

– in any of the phases considered so far or, if it hasn't been done before, at the conclusion of the previous actions, identify a patron who can assist the spouse as an actor (or the two spouses, if they act together) during the canonical proceedings (unless the party wishes to ask to be authorized to appear in court alone, as foreseen by can. 1481 §3).

All these complex obligations must obviously be satisfied at the time of introduction of the pamphlet. The burdensomeness of the formalities that a spouse must undergo when he intends to ask the Church for verification of the nullity of his marriage is therefore truly remarkable. In this sense, one can ask whether there is not an exaggerated disproportion between the number (unfortunately still very high) of divorces (at least in the Western world) and the very small number of canonical causes of nullity introduced (a number that remains decidedly small even if we also consider the dissolutions). Obviously this aspect must be considered with some caution, without falling into superficial conclusions deduced from the simple numerical disproportion between the two data: consider in this regard that not all marriages (already numerically limited in themselves, for example, the marriage rate in Italy is that of 2,2-2,3 annual weddings per thousand inhabitants: half that of Europe, in turn, however, modest compared to other parts of the world) they are canonical, not all canonical marriages that end in separation or divorce are therefore null and not all those who have contracted a null marriage have an interest in a nullity case, because they do not have the interest or strength to create a new union or because for various reasons they are not interested in an objective judgment on past experience.

Despite such observations, it is a fact that the faithful find themselves in great difficulty when they find themselves evaluating whether it is appropriate to ask for a judgment of nullity on their marriage and this is attested by the numerous responses collected from the episcopal conferences - but also from other ecclesial subjects who were involved in the consultation - on the occasion of the two Synods of Bishops on the family: the extraordinary one of 2014 and the ordinary one of 2015. In particular, the data collected in the consultation highlighted, even before the difficulty in completing all the necessary formalities, a marked and widespread distrust of the faithful towards ecclesiastical tribunals, which leads to the choice to previously refuse its contribution. There are various aspects of this distrust:

– the excessive cost attributed to such proceedings: although for the most part these are much lower costs than other judicial proceedings and some countries have long provided significant forms of economic support, this continues to be the common belief;

– the belief that these are very long and tiring processes (unfortunately in many cases it is not just an impression, although this does not apply to all processes and all locations);

– the impression that these are very cold structures and distant from the experience of the faithful, sometimes strengthened by the fact that the court seat itself is geographically distant (and not all countries have the same ease of travel);

– the psychological difficulty in thinking of entrusting the reinterpretation of one's life to third parties and thought of as potentially disrespectful of the individual (in this the experience of some civil courts sometimes appears prejudicial);

– the conviction (sometimes excessive and out of place) that ecclesiastical tribunals are arbitrary in their actions and ultimately compromised with economic interests.

The malicious judgments just exposed and the operational difficulties previously mentioned ultimately add up to distancing the faithful from ecclesiastical courts and making the path of requesting verification of the nullity of one's marriage appear difficult to many. The work of many lawyers and patrons - including stable patrons in a special way - has been and is undoubtedly of support in overcoming these difficulties, working alongside the faithful and dispelling their doubts and pre-understandings but this is not enough, and because these figures also fall into some of the prejudices mentioned above - ecclesiastical lawyers are often not known or are feared for the fee they can request and which many consider prejudicially exaggerated, although in some countries, like in Italy, There are very specific criteria for limiting expenses in advance (cf.. Gentle Judge Lord Jesus, WE) ―, and because in any case they do not meet the objective of making the uncertain and doubtful faithful available to a judicial reading of their story. It therefore follows the duty to outline some further steps in favor of a freer and more serene approach of the faithful to ecclesiastical judgment, as Benedict XVI already recalled:

«[…] it is a serious obligation to bring the institutional work of the Church in the courts ever closer to the faithful".

The prior consultancy is divided into three possible levels:

  1. Generic information on the progress of the process, costs, timing, competent courts, centers or people appointed to provide preliminary advice, stable patrons and lawyers to turn to for specific advice;
  2. Listening more in depth to the story, with a discussion on moral or spiritual aspects as well, referring more specific advice to designated centers or people;
  3. Prior investigation in which the pastoral investigation collects useful elements for the possible introduction of the case by the spouses or their patron before the competent court. Investigate whether the parties agree to request nullity. Collect all the items, the investigation ends with the libel, to present, I know the case, to the competent court.

Characteristics of the preliminary investigation:

1) have the essential style of listening and accompaniment;

2) help the faithful to understand their concrete situation;

3) help the faithful to retrace their own experience and that of the other spouse, trying to overcome personal beliefs that do not facilitate an as objective reading of the story as possible, thus also helping him to travel the the way of charity indicated by the post-synodal apostolic exhortation (cf.. The joy of love n. 306);

4) to better understand the canonical procedure and the difficulties that the person may encounter in correctly understanding its development;

5) possibly lead to the preparation of the pamphlet, introducing the cause of nullity.

6) It is possible/appropriate for a Court judge to provide a consultancy service? What is referred to the judge can be reported, with the necessary adaptations, to the defender of the bond, to the listener, to the stable patron. As for the lawyer, the possible problem could concern its identification between a professional figure and the one who seems to be "officially" designated to follow the causes of nullity of marriage.

Pastoral investigation proper.

As the art already indicates in a certain sense. 1 RP the preliminary investigation clearly falls within that pastoral concern towards the faithful in difficulty that the diocesan Bishop is called to exercise by virtue of the canon. 383 § 1 (expressly referred to in the art. 1 RP, who however reports the norm to the Bishop in general). This concern is also among the tasks that canon law specifically refers to parish priests in the aforementioned canon. 529 § 1, where the methods of exercising the care of souls are remembered[1]. In this phase major problematic aspects emerge, which make it difficult to imagine a pastoral investigation entrusted to a court judge (even if this raises the question of being able to train more people for a qualified service). For this purpose, since the entry into force of Motu proprio Mild judge of the Lord Jesus with which the Holy Father Francis introduced, for causes of marital nullity, the “short trial” formula, were identified at the time, based on the implementation notes, the figures of the parish priests as the main interlocutors of the investigation prior to the introduction of the process of nullity of canonical marriage. In this regard, it has been established that the path for the procedure for the declaration of nullity of marriage in light of The motion of a gentle-minded Lord Jesus the 15 August 2015, concerning the reform of matrimonial nullity processes envisages two preliminary phases:

  1. After the applicant has contacted and had an initial conversation with the parish priest of residence, the latter asks for an appointment with the legal consultant of the diocesan Tribunal who, the validity of the application has been ascertained but above all the desire to start a nullity process, will prepare the pamphlet to be presented to the Judicial Vicar. To the same consultant, the parties will be able to deliver the information grid previously filled in by the Parish Priest.
  2. The Judicial Vicar, after having examined the situation, will be able to admit the libellus through the form of The process is too short (can. 1683-1687) or, through the form of the ordinary trial[2], direct the judicial proceedings to a collegial court of first instance.

To those who argue «…but we are legally divorced!», as explained so far by the Church, mother and teacher, as well as dispenser of grace and mercy, he never closed the door in my face, yesterday as today. If anything, they are certain Catholics, pass the expression to me: as obtuse as they are stubborn, who close doors in their own faces while in every way they are opened in front of them. Then today, con i social media, which many draw upon as a source of undisputed truth, our ministry has become further complicated, very much! And as has been explained several times in the columns of our Island of Patmos, when the typical Catholic to whom you try in every way to explain, in response he replies to you, or rather he disproves you precisely by affirming: «… it's not like that because I read on the internet that…», at that point the terrible warning that Dante and Virgil read at the gate of Hell risks ringing in our ears:

«Abandon all hope, you who enter».

Velletri of Rome, 18 June 2024

 

 

NOTE

[1] See. Costantino-M. Fabris: Preliminary investigation or pastoral investigation in the motu proprio Mild judge of the Lord Jesus. Regulatory news and problematic profiles, in: The right of the church, XXVIII, 2016, pp. 479-504.

[2] To delve deeper into the matter: Zambon, A, The preliminary investigation and the process of nullity of marriage, Torino, 24 February 2024, Inauguration of the judicial year.

 

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Let's not throw the baby out with the bathwater: the institution of the godparent in the Sacraments of Baptism and Confirmation

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WE DO NOT THROW THE BABY AWAY WITH THE DIRTY WATER: THE INSTITUTE OF THE GODFATHER IN THE SACRAMENTS OF BAPTISM AND CONFIRMATION

Given the current situation, I believe that in pastoral practice, it would be worth making further efforts to restore dignity and value to the figure of the godfather, taking into account its pedagogical function but, even before, of the typically ecclesial connotation of his presence.

– Theology and canon law –

AuthorTeodoro Beccia

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Teodoro Beccia

 

 

 

 

 

 

 

 

 

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The institution of godparents dates back to the early Church, when the duty to baptize children was imposed, though, presumably, at the beginning the children were introduced directly by their parents. Tertullian refers to the sponsores the guarantee, but the terms used in ancient times are different and very evocative: receivers, pregnant women, fideas, protestants who attend the baptism of children (cf.. Of Baptism, 18, 11, in PL I, 1221). The need for godparents was perhaps correlated with baptism conceived as a new birth, which therefore required new fathers.

In continuity with this line of reflection, later Saint Thomas would recall that the spiritual regeneration brought about by baptism resembles the carnal one and, as in this the child needs a nurse and a pedagogue, so in the spiritual one there is a need for someone to instruct him in faith and Christian life (Summa Th. III, q. 67, a. 7). The institute, or godfather ministry, certainly appears to be related to the catechumenate of adults. Taking into account the situation in which Christians found themselves during the persecution by the Roman Empire, to prevent any intruders from entering the communities, it was required that the candidate for baptism be presented by some known believer, who guaranteed the seriousness of his intentions and accompanied him during the catechumenate and the conferral of the Sacrament, as well as subsequently ensuring their fidelity to the commitment made.

Coming to the present day, priests caring for souls often now find themselves in difficulty when they have to deal with the question of choosing godparents. The cases are very varied. There are parents who, in order not to harm any relative, would like to do without godparents on the occasion of their children's Baptism or Confirmation.. Sometimes we are instead faced with the proposal of godparents who are in an "irregular" situation and who therefore cannot be admitted. Moreover, with the intense migratory phenomenon that characterizes our era, it also happens that a request is made to accept as godfather or godmother faithful belonging to Churches or ecclesial communities not in full communion with the Catholic Church, with the exception of the Orthodox Churches (cf.. can. 685 § 3 of the Eastern Code, Cceo and other).

All this leads to asking some questions: Godparents are really necessary and it makes sense to continue to request their presence, given that their office has often become a "liturgical lie" as some have called it? What is their function? What are the requirements to be admitted to this position?

Godparents are necessary? We try to give an answer to this question through the legislation of the Code of Canon Law, which is about the godfather (or godmother) of baptism according to cann. 872-874 and the godfather (or godmother) of confirmation at cann. 892-893. Let it be the can. 872 that the dog. 892, in reference to the obligation to give the person being baptized or confirmed a godparent, they use the same expression: as much as possible (as far as possible): the rule is not exhaustive or preceptive, as it was not in the previous Code of 1917, but it must not be considered merely optional either.

Regarding Baptism, the reasons for the presence are appropriately indicated in a short but dense passage of the General Introduction of the Rite of Baptism of Infants (cf.. 8) and the Rite of Christian Initiation of Adults (cf.. 8):

«The godfather expands the family of the person being baptized in a spiritual sense and represents the Church in her role as mother».

Its function, so, it is not only liturgical ― nor can it be reduced to a merely choreographic presence ― but also pedagogical, as the canon recalls. 872 § 1, that, in addition to the task of assisting the adult being baptized and introducing the infant being baptized, calls for cooperation so that the godchild leads a Christian life in conformity with the Sacrament and faithfully fulfills the obligations inherent to it.

An effective description of the godfather's task, in the case of the baptism of an adult, but which suggests criteria of judgment applicable by analogy also to the godparents of newborns, is indicated at no. 43 of the To be noted to the Rite of Christian Initiation of Adults:

"The Godfather, chosen by the catechumen for his example, for his talents and his friendship, delegated by the local Christian community and approved by the priest, accompanies the candidate on election day, in the celebration of the sacraments and in mystagogy. It is his task to show the catechumen the practice of the Gospel in individual and social life with friendly familiarity, help him in his doubts and anxieties, bear witness to him and take care of the development of his baptismal life. Chosen even before the "election", when he bears witness to the catechumen before the community; his office retains all its importance even when the neophyte, received the Sacraments, still needs help and support to remain faithful to the promises of Baptism".

Even for Confirmation, what requires the presence of the godfather is not the celebration as such, but the Christian formation of the candidate for confirmation, as the canon recalls. 892, which refers to the dual function of ensuring that the confirmed person behaves as a true witness of Christ and faithfully fulfills the obligations inherent to the same Sacrament (can. 892). Therefore not a mere ornamental appearance next to the candidate for confirmation at the time of the celebration, but a ministry that is founded in the Sacrament and which also asks the godfather for continuity of spiritual presence, as a counselor and guide called to educational responsibility towards a brother, who must express in faith and works the maturity received as a gift and to be acquired existentially.

The indication of the Code it is therefore oriented not by minimal choices, but for a pastoral care to be renewed. Outside of extraordinary cases, the Confirmation godfather must be there (the science, about it, a response from the Congregation for Divine Worship and the discipline of the Sacraments (cf.. Information 11 [1975], pp. 61-62).

The requirements. The can. 874 is responsible for presenting the necessary requirements to be admitted to the office of godfather/godmother at both baptism and confirmation (cf.. can. 893 § 1). Let's limit ourselves here to focusing on just a few points, starting from previous legislation:

1) for both Sacraments, the godfather must have received all three Sacraments of initiation (signifying the intimate union between them), not just the one for whom he acts as godfather;

2) the dog. 893§ 2 remember the opportunity (expedient) that the godfather of confirmation is the same as that of baptism (to underline the profound connection between the two Sacraments), whereas previously this was prohibited;

3) a godfather of the same sex as the person being baptized/confirmed is no longer required;

4) the prohibition on clerics and religious men and women from acting as godfathers and godmothers no longer exists, without express permission from the ordinary or at least the local superior. However, religious institutes could establish their own rules.

5) Regarding age (16 year old), with a particular law the bishop can establish a different one, but also the parish priest or the minister, for just cause, can introduce the exception, taking into account a rather broad criterion but which should never obscure the ecclesiological reason motivating the presence of the godfather.

6) The godfather must be a faithful Catholic. The reason for this apparent "ecumenical restriction" is to be found not only in the danger of indifferentism, from which the Council itself warned (cf.. To nations 15 e Eastern Churches 26), but even more so in the ecclesial value of gift of godfather: from the nature of the matter you cannot represent an ecclesial community with which you are not in full communion, nor even express faith in it. In this perspective, the code provision is consistent with the awareness that the Church has of its own identity, and therefore it is also profoundly ecumenical. That being the case, members of ecclesial communities separate from the Catholic Church are excluded from the role of godparents, who can act as witnesses together with a Catholic godfather.

As for the "Orthodox", united with us by very close bonds (UR 15) the dog. 685 § 3 of the Eastern Code (Cceo) admits that one of their followers can fulfill the role of godfather, but always together with a Catholic godfather. In the baptism of a Catholic, by virtue of the close communion existing between the Catholic Church and the Eastern Orthodox Churches, it is therefore allowed, for a valid reason, admit an Eastern faithful with the role of godfather together with a Catholic godfather (or a godmother), provided that the suitability of the godfather is recognized. However, Christian education will primarily be the responsibility of the Catholic godfather, as it represents the Christian community and is the guarantor of the faith and desire for ecclesial communion of the baptized person and/or his parents (cf.. Vademecum for the Pastoral Care of Catholic Parishes towards non-Catholic Orientals, the, n. 16).

Other requirements too indicated by can. 874 § 1, 3° they are very qualifying to define the profile of the godfather. Dutifully respected, have a profound impact on both the designation of the person, and on the way of understanding the task.

It is up to the particular legislation determine what it means to “lead a life in conformity with faith”: Different environments and situations lead to different determinations. The case history is as broad as ever: we range from the whole range of possibilities relating to those who find themselves in an irregular marital situation, to those who profess atheism and agnosticism; from those dedicated to magical arts to those who are notorious members of a sect, of an association that plots against the Catholic Church (cf.. can. 1374: so for example Freemasonry), or appears to belong to some criminal group (like the Mafia, at N'drangheta, the Camorra or other mafia-type criminal groups).

In the end, against the practice of replacing godparents with parents, without foundation and justification, remember (can 874, § 1,5) that neither father nor mother can act as godparents, for it would be absurd to think of parents as helping themselves as godparents to their children. About the number, the dog. 873 states that only one godfather is enough, while in the case there are two, they must be of different sex. The can. 892, which deals with the godfather of confirmation, instead it prescribes only one godfather or godmother.

The role of the witness: it cannot be forgotten that among the tasks of the godfather there is also that of proving that the Baptism or Confirmation has taken place. Can. refers to this function. 875: it introduces the figure of witness of baptism that, unlike that of the godfather, it is not subject to any conditions and plays a role similar to that of marriage witnesses (cf.. can. 1108 §2) albeit without being, as in this case, ad validity. In order to obtain valid marital consent, ad validity the simultaneous presence of two witnesses is required, the assistant as a qualified witness and the valid consent of the bride and groom. In the case of Baptism or Confirmation, the witness only has the task of certifying the conferral, therefore it is not necessary for the validity of the Sacrament (cf.. cann. 875-877). Consequently, the figure of the witness is not subject to any conditions. The only requirement is that the person chosen as a witness has the use of reason and is capable of testifying.

The possibility is thus offered to deal with some particular situations in which the chosen person could not otherwise hold the role of godparent: thus for example in the case of a believer belonging to a Protestant ecclesial community (cf.. can. 874 §2), or is cohabiting, divorced, remarried or in another irregular marital situation, or declares himself an agnostic or atheist, or has formally and publicly abandoned the Catholic faith through the so-called "banging". This is a solution that can potentially generate ambiguity, misunderstandings and misleading interpretations, it must be adopted with prudence and caution, while, on the other hand, it will be necessary to explain with absolute clarity that the baptism witness is in no way "a kind of godfather", but a completely different figure.

The CEI document We meet Jesus, the 29 June 2014, he claims:

«The regional Episcopal Conferences are asked to discern on the matter and evaluate the pastoral opportunity of supporting - only as witnesses of the sacramental rite - those people indicated by the family who, despite not having prescribed requirements, they always express a positive parental closeness, affective and educational".

A for this purpose they can be found online various pronouncements on the matter. We cite for example the provisions of the Sardinian Episcopal Conference and the Diocese of Aosta. Therefore, as much as possible, it is necessary to give training to GodparentsWitnesses to accompany the Baptized in the choice of Christian life, without prejudice to the freedom of the Witness who cannot be forced to share or embrace this life choice.

The usefulness of the figure of the Witness it is merely legal or responds to the need for certification of the conferment of Baptism or Confirmation. From a pastoral point of view, the document also presents it as a possible solution to meet those situations of incompatibility of the requirements for the role of godparent.

The age of the witness at Baptism or Confirmation it is not specified as in the case of Marriage, where the age of majority is required, or in the case of godparents where the age of the child is required 16 year old. Logically, for the age of the Witness, the evaluation of the Parish Priest or the Diocesan Bishop could be applied as a criterion., as in the case of the Godfathers can. 847 §1 n.2. During the celebration, differently from the Godfather and the Godmother, the Witness must not be given any active participation since their role is solely that of guarantors for the certification of the conferment of the Sacrament. Each diocesan bishop will be able to give further provisions regarding the celebratory context

As regards the registration of the baptismal certificate in the parish register it must be underlined that, in the case of the witness of a Baptism foreseen by can. 874 §2, the name and surname of the witness and the personal details must be noted as required by canon. 877 [5].

The certificate problem. The Code of Canon Law, in the canons dedicated to the godfather of baptism and confirmation, he never mentions the need to produce, from the godfather, or the parish priest, of any type of certificate / certificate / self-certification. We are faced with a case in which the practice has now taken on a meaning Besides the, often linked to the fact that the priest caring for souls does not have full knowledge to establish the admissibility of a person to the office of godfather, because he doesn't know him, comes from another parish, often far away, etc. etc…

“Canonizing” the civil order, we can observe how already in various dioceses and parishes, the "certificate of suitability" has been replaced with a "self-certification of suitability". But let's see what self-certification is: civil law has introduced the possibility of providing the Public Administration and private individuals with a declaration made and signed by a citizen which completely and definitively replaces some administrative certifications. This is why it is also called "substitute declaration". AND, so, a way to avoid bureaucracy and unnecessary waste of time, especially when you choose to self-certify online. According to the law, public offices are obliged to accept self-certification for the required practices. If not, would incur a violation of official duties. The situation is different when it comes to private individuals: whether or not to accept this declaration remains a matter of discretion for them. Therefore, the self-certification has the same legal and administrative value as the certificate or document it replaces. As long as the truth is told: if the data contained in the self-certification turns out to be false, the interested party loses all benefits.

Self-certification, being a declaration made personally by the interested party, it could reveal itself, if implemented in the local legislation of the diocese, a substantial simplification of work for priests caring for souls: the interested party will be able to declare himself the existence of the requirements for access to the office of godfather and commit himself in this sense to the Church directly in front of the parish priest who will have to administer the Sacrament, without requesting a certificate from the parish priest of residence which often the parish priest himself could not issue for the reasons set out above, that is, the impossibility for the priest to be able to certify a situation of which he may not be aware for a whole series of reasons that we know well.

Given the current situation, I believe that in pastoral practice, it would be worth making further efforts to restore dignity and value to the figure of the godfather, taking into account its pedagogical function but, even before, of the typically ecclesial connotation of his presence. We cannot hide the fact that the deviations of the past weigh on the figure of the godfather, but this cannot justify the emotional reaction of those who now consider it useless, nor of those who easily access the convenient solution of not requiring the presence of godparents, because he can't find any suitable ones. If there aren't any, they must be trained, through appropriate paths that enhance this office, which has the characteristics and dignity of a true lay ministry (cf.. The lay 23).

Among the various proposals, there are those who suggest engaging the godparents to keep watch, albeit discreetly, on the education of godchildren, warning the parish priest about deficiencies and deviations, in order to provide, within the scope of possibilities and limits, for a return to goodness. Somebody else, then, believes that they could be given the task of taking care of the godson in the event of an early orphan. Perhaps a reminder of that spiritual kinship that, de facto, comes to be established between godfather and godson, and to which the Code of 1917, recognizing its high sacramental and pastoral value, it connected a marital impediment, today no longer in force in the Latin code but fully understood and implemented as a law on marriage by the Code of Canons of the Eastern Churches.

 

Velletri of Rome, 11 November 2023

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Religious marriage canceled or invalid? The reform of the canonical matrimonial process

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RELIGIOUS MARRIAGE CANCELED OR VOID? THE REFORM OF THE CANONICAL MARRIAGE PROCESS

We are really sure that «only the rich can afford to go to Rome at the Tribunal of the Sacred Rota to get high cancel weddings and getting married again in church"?

– Theology and canon law –

AuthorTeodoro Beccia

Author
Teodoro Beccia

 

 

 

 

 

 

 

 

 

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Those who dedicate themselves to the care of souls, he is often forced to read on the various blogs of wise all-rounders, or to hear statements of this kind directly from the mouth of certain naive or ill-informed believers: «Only the rich can afford to go to Rome at the Tribunal of the Sacred Rota to get stoned cancel weddings and getting married again in church".

A marriage, both the one contracted between two rich people and the one contracted between two poor people, no one has the power to undo it, because the Sacraments are not available goods, let alone voidable. If the money was enough to cancel a rich man's wedding, the Church would have been spared the English schism of 1533, originated from Henry VIII who left his wife Catherine to marry Anne Boleyn. In that case we wouldn't have even had a famous martyr saint, Thomas More, sentenced to death for having declared illicit the act of supremacy exercised by the sovereign over the Catholic Church of England, which produced a schism, precisely because no one had the power to annul a Sacrament.

A marriage can be declared null and void, not cancelled, in fact declare the nullity it's something totally different from cancel. It is not the "expensive" Sacred Roman Rota referred to as the "court for the rich" that checks whether the elements of matrimonial nullity exist., but the diocesan ecclesiastical tribunals. The Tribunal of the Sacred Rota is one of the three judicial bodies of the Holy See and is based at Supreme Tribunal of the Apostolic Signatura, which in the ecclesiastical legal system is equivalent to the Supreme Court of Cassation of our Italian legal system:

«The Apostolic Signatura, as an administrative tribunal for the Roman Curia, judges appeals against singular administrative acts, both established by the Departments and the Secretariat of State and approved by them, whenever it is discussed whether the contested act has violated any law, in deliberating or proceeding" [see WHO].

Claim that «marriages are dissolved by the Rota» it would be equivalent to saying that a cause, rather than in the ordinary court (first degree) or the court of appeal (second degree) be discussed directly at the Supreme Court of Cassation (!?).

Many Catholic faithful united in a sacred marriage bond, either out of superficiality or out of ignorance, they never bothered to contact the parish priests or the bishops directly to represent the situations of their failed marriages and asking if there were the necessary elements to be able to intervene with a sentence of nullity, which is the responsibility of the Diocesan Tribunal. Most divorce and remarry, then if anything they go around saying, some even crying, that "only the rich can afford to pay to have their marriages annulled by the Church" (sic!).

The costs of a matrimonial nullity case they are truly laughable, when compared with the costs and fees of Italian civil lawyers who handle divorce cases. To avoid any kind of abuse, the Holy See has established a precise tariff for the out-of-pocket expenses of these causes which can amount to a minimum of 1.600 to a maximum of 3.000 Euro. Furthermore, free legal aid is provided and granted for poor people. The cases under appeal before the Roman Rota, following the Rescript of the Supreme Pontiff Francis of 7 December 2015 they are free:

«The Roman Rota should judge cases according to evangelical generosity, that is, with patronage out of office, except for the moral obligation for wealthy believers to pay an oblation of justice in favor of the causes of the poor" [see WHO].

The Apostolic Letters in the form of a Motu Proprio: Gentle Judge Lord Jesus e Gentle and merciful Jesus (for the Latin rite churches and the Eastern rite churches respectively), promulgated by His Holiness Francis II 15 August 2015, they intervened to reform the matrimonial procedural matter in response mainly to the delay with which the judgment was usually defined, to the detriment of the faithful who were forced to wait a long time for the definition of their state of life, as well as to satisfy the need, raised in the ecclesiastical context, to make the procedures for recognizing cases of nullity more accessible and agile.

In this regard it is necessary to reiterate that the marital process does not “annul” the marriage (as it is often mistakenly indicated) but intervenes to ascertain the nullity of a marriage, albeit celebrated with the necessary external forms. In this perspective, Pope Francis wanted to share the task of protecting the unity and discipline of marriage with the diocesan bishops. Also the reform, aiming for greater speed of proceedings, can fully ensure the need to obtain a response to requests for justice within a reasonable time.

In the reform we can highlight some principles aimed at placing the care and pastoral accompaniment of the faithful who have experienced the failure of their marriage at the center of the procedure. With the Motu Proprio the Pope foresees the centrality of the figure of the Bishop as a "natural judge" and asks that each diocesan Bishop personally have a collegial Court, or a Single Judge, and that you judge personally in the process shorter. So: the Bishop himself is the judge and this emerges especially in the short trial. The judicial process requires, if possible, the collegiate judge but it is the Bishop's power to appoint a Single Judge.

The need to simplify and streamline procedures led to review, when the circumstances established by the pontifical document occur, the ordinary process. In this sense, the most significant innovations were:

1) the abolition of the mandatory double compliant sentence: if you do not file an appeal within the required time, the first sentence, which declares the nullity of the marriage, becomes executive;

2) the establishment of a new trial, shorter, which operates in the most obvious cases of nullity, with the personal intervention of the Bishop at the time of the decision. This last form of trial is applied in cases in which the accused nullity of the marriage is supported by the joint request of the spouses and by clear arguments, the evidence of marital nullity being quickly demonstrated. The final decision, of declaration of nullity or referral of the case to the ordinary trial, it belongs to the Bishop himself. Both the ordinary process and that shorter However, they are processes of a purely judicial nature, which means that the nullity of the marriage can only be pronounced if the judge achieves "moral certainty" on the basis of the documents and evidence collected.

The pontifical documents of August 2015 have therefore led to a simplification of the procedures for the possible declaration of marital nullity. The Holy Father wanted the Bishop, in whose particular church entrusted to him he is pastor and leader, let him also be a judge among the faithful entrusted to him. In the pastoral context, the Bishop will entrust the preliminary investigation to suitable people, which will serve to collect the useful elements for the introduction of the judicial process, ordinary or shorter, supporting and helping spouses through legally trained individuals. The preliminary investigation will conclude with the drafting of the application, o libello, to be presented to the Bishop or the competent court. Normally it is the spouses who challenge the marriage, perhaps jointly, but the promoter of justice can also do it according to the dictates of can. 1674. Before accepting the case, the judge must be certain that the marriage has irremediably failed, so as to make it impossible to re-establish marital cohabitation. The competent court will normally be chosen according to the provisions of can. 1672 (the court of the place where the marriage was celebrated; the court of the place where one or both parties have their domicile or quasi-domicile; the court of the place where most of the evidence actually needs to be collected).

In the matrimonial process the competent Judicial Vicar, once the libellus has been received by decree notified to the parties and to the defender of the bond, he must first admit it if he sees any basis in it. Subsequently, will have to notify it to defender of the bond and to the party who did not sign the libellus, which has a period of fifteen days to respond. Once this deadline has elapsed, the Judicial Vicar establishes the formula of the doubt, determining the nullity of the case; establishes whether the case will be handled with the ordinary procedure or shorter; in the case of an ordinary trial, with the same decree constitutes the college of judges o, lacking, appoints the single judge.

Regarding the evaluation of evidence, the Motu Proprio introduces some new features which are reported below. First of all, the principle of the value of the parties' declarations is strengthened, that, if they enjoy credible texts, considered all the evidence and arguments that, in the absence of refutation, can take on the value of full proof. Even the testimony of just one witness can be fully authentic. In cases of impotence or lack of consent due to mental illness or psychic anomaly, the work of one or more experts will have to be called upon, unless from the circumstances it appears unnecessary. Yet, if during the investigation of the case a doubt arises as to the probable non-consummation of the marriage, it will be sufficient to hear the parties to suspend the cause of nullity, complete the investigation in view of the dispensation super rated and transmit the documents to the Apostolic See, combined with the request for dispensation of one or both parties and completed by the vote of the tribunal and the Bishop. In reference to the fit process shorter, needs to be clarified, in summary, or in the presence of factual situations indicative of the evident nullity of the marriage, proven by witnesses or documents, the diocesan Bishop has the competence to judge the application.

This new ritual, in other words, allows the diocesan Bishop to issue a sentence of nullity in cases in which the following conditions exist:

a) the request is proposed by both spouses or by one of them with the consent of the other;

b) the circumstances of facts and people make the nullity manifest. These circumstances, normally found in preliminary ruling or pastoral investigations and listed by way of example in the art. 14 of the Procedural Rules, they are not new heads of nothingness. It deals with, simply, of situations that jurisprudence considers symptomatic elements of invalidity of marital consent. They can even clearly suggest the nullity of the marriage. In particular they are:

1) the lack of faith that generates the simulation of consensus or the error that determines the will;

2) the brevity of marital cohabitation;

3) abortion procured to prevent procreation;

4) the obstinate persistence in an extramarital relationship at the time of the wedding or immediately thereafter;

5) the malicious concealment of sterility or a serious contagious disease or of children born from a previous relationship or of imprisonment;

6) the cause of the marriage unrelated to married life or consisting in the woman's unexpected pregnancy;

7) physical violence inflicted to extort consent;

8) the lack of use of reason proven by medical documents.

They will be needed to start a process shorter:

a) the request proposed by both spouses or by one of them with the consent of the other, to the Bishop or Judicial Vicar;

b) the pamphlet with the facts on which the application is based, the evidence that can be collected by the judge, the documents attached to the application. Given the evident presence of factual situations indicative of the nullity of the marriage, proven by testimonies or documents, the competence to judge fit shorter it falls to the diocesan bishop, following the presentation of the pamphlet, who will have to present the facts, indicate the evidence and attach the documents on which the application is based and which must be presented to the diocesan judicial vicar.

As the Dean of the Roman Rota underlined at the time, this reform of the matrimonial process has a substantial impact and comes after three hundred years in which the matter had remained substantially unchanged. Following the reform of 2015 both the diocesan Bishops and the Metropolitans will have to proceed with the establishment of the diocesan tribunal. If a court already exists, but which has no jurisdiction for matrimonial nullity, the Bishop will be able to issue a decree with which he confers jurisdiction on his own tribunal. Moreover, if it is impossible to have a panel of three judges, the Bishop must decide to entrust the cases to a single judge, or decide to join an interdiocesan court competent in matrimonial matters pursuant to can. 1673 § 2 CIC, while considering this a residual rule to which the bishop must resort only when, due to the shortage of adequately trained personnel, it is impossible to establish a competent court in matrimonial matters. We remind you that with the entry into force of By the proper motion of the gentle judge, Lord Jesus was, de facto, repealed the provisions of Motu Proprio Here care, promulgated in turn by Pope Pius XI on 8 December 1938, which established the regional courts with jurisdiction in matrimonial matters.

If you want correct and timely information, Don't go online and type "annulment of religious marriage" into a search engine., because you will find pages and pages of wrong comments and just as many self-styled experts who write things that are sometimes even more senseless on their blogs. Contact the bishops and priests.

 

Velletri of Rome, 12 September 2023

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