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ADDRESS
OF JOHN PAUL II
TO THE TRIBUNAL OF THE ROMAN ROTA
30 January 1986
1. It is a great joy for me to meet you every year ,
so as to reaffirm the importance of your ecclesial ministry and the necessity
for your judicial activity. It is a service of justice, a service of truth, a
service rendered to God, in whose sight you pronounce your judgments. It is a
service to the People of God and every person of good will who has resort to
the Tribunal of the Roman Rota.
So I extend my most cordial greeting to each
one of you, a greeting joined with feelings of appreciation and gratitude for
your task. It is sometimes difficult and burdensome, yet it is necessary.
I give a particular greeting to the new dean,
Monsignor Ernesto Fiore, and I express a hope that he will contribute, with
your attentive collaboration, to the constant work of adapting the tribunal to
the needs of the contemporary world and the pastoral needs of our time.
I am aware of the difficulties which you have
to face in carrying out your task. It requires that you clarify, on the basis
of canon law, questions and problems regarding subjective rights, which at the
same time involve the consciences of those who have resort to you. Often they
are bewildered and confused by discordant voices reaching them from all sides.
I gladly take the opportunity of this audience to exhort you to a real service
of charity in their regard, by fully assuming your responsibilities before
God, the supreme lawgiver. If called upon, he will not fail to sustain you
with the light of his grace, so that you may fully respond to the expectations
placed in you.
2. It seems important to lay emphasis on
concern for fundamental unity with the ministry of Peter—as I did already in
the discourse addressed to the cardinals last November 21. The Roman Curia
offers this petrine office (munus Petrinum) collaboration that is
rendered ever more urgent both by the importance of problems arising in the
world and by the duty to keep the profession of faith one and catholic, also
again by reason of the need to orient and sustain the People of God in
faithful understanding of the Church’s magisterium. This service to unity
is ever more necessary because of the fact that the Church extends to so many
differing countries and continents, and unites disparate and diverse cultures
with the treasure of the Christian faith and revelation. These cultures in
their turn can become better to the degree in which they recognize the values
that the Incarnate Word defends and guarantees as Son of the Father and
redeemer of humans. All have to enter as an adopted child into this divine
filiation, so as not only to be themselves, but also in order
to respond ever better to the intentions of God, who has created them in his
image and likeness.
Your mission is a big one! It has to maintain,
deepen, defend, and illuminate those divine values which human beings bear in
themselves as the instruments of divine love. In every person there is a sign
of God to be recognized, a manifestation of God to bring to the fore, a
mystery of love to be expressed through living according to God’s views.
3. “God is love” (1 Jn 4:8-16). St.
John’s simple statement is the key of the human mystery. Like God, we too
will be love. We have need of love. We have to feel that we are loved and, in
order to be ourselves, we have to love, we have to give ourselves, we has to
make this love be loved. God is a Trinity of love—the reciprocal giving of
the Father and of the Son who love their Personal Love, the Holy Spirit. We
know that this divine mystery illumines the nature and the profound meaning of
Christian marriage, which is the most perfect realization of natural marriage.
This latter bears God’s seal from the beginning: “God created humankind
in his image. . . . male and female he created them; . . .” saying, “Be
fruitful and multiply” (Gn 1:27-28).
Then, every marriage between the baptized is a
sacrament. It is a sacrament by virtue of baptism, which introduces our life
into God’s, making us “participants of the divine nature” (2 Pt
1:4), through incorporation in his divine Son, the Incarnate Word, in whom we
form but one body, the Church (see 1 Cor 10:17).
It is understood, then, how Christ’s love
for the Church has been compared to the indissoluble love uniting man with
woman, and how that can be effectively signified by that great sacrament which
is Christian marriage. That love is destined to develop the Christian family,
the domestic Church (see LG, no. 11), in the same way in which the love
of Christ and the Church ensures ecclesial communion—visible and bearing
already heavenly benefits with it (see LG, no. 8).
This is why Christian marriage is a sacrament
making a kind of consecration to God (see GS, no. 48). It is a ministry
of love, which, through its testimony, makes visible the meaning of the divine
love and the depth of conjugal gift lived in the Christian family. It is a
commitment of paternity and maternity. The source of that is the reciprocal
love of the divine persons; it is its most perfect and unrivalled image. This
mystery will affirm itself and realize itself in every participation in the
Church’s mission, and it is in the Church that Christian spouses have to
give proof of love and testify to the love which they live between them, with
and for their children, in that fundamental and irreplaceable ecclesial cell——the
Christian family.
4. If I briefly recall the richness and
profundity of Christian marriage to you, I do so mainly in order to emphasize
the beauty, the grandeur, and the vastness of your mission, since the greater
part of your labors is concerned with matrimonial causes.
Your work is judicial, but your mission is
evangelical, ecclesial, and sacerdotal, while at the same time remaining
humanitarian and social.
Even though the validity of a marriage supposes
certain essential elements, and they have to be clearly expressed and
technically applied in the juridical aspect, it is nonetheless necessary to
consider such elements according to their full human and ecclesial
significance. By giving emphasis to this theological aspect in forming your
judgments, you will hold out the image of Christian matrimony willed by God as
the divine image and model, and perfection of every human conjugal union. This
holds good for every culture. The Church’s doctrine is not restricted to its
canonical expression. This latter—as the Second Vatican Council willed—must
be seen and comprehended within the vastness of the mystery of the Church (Optatam
totius, no. 16). This council rule emphasizes the importance of ecclesial
law (ius ecclesiale)—and opportunely enlightens the nature of the law
of communion, the law of charity, the law of the spirit.
5. Illuminated by this mystery of divine and
human love, your judgments take on great importance, and—in a vicarious
manner—share in the ministry of Peter. In fact it is in his name that you
interrogate, judge, and dispense judgments. It is not a matter of simple
delegation, but of an intense participation in his mission.
Undoubtedly, application of the new Code can
run the risk of imprecise, incoherent or innovative interpretations,
particularly in the case of psychological disturbances invalidating consent to
marriage (c. 1095) or in the case of impediment of deceit (c. 1098), and error
conditioning the will (c. 1099), as well as in interpretation of some new
rules of procedure.
Such risk has to be faced and overcome with
serenity through study both of the real gist of the canonical norm and of all
concrete circumstances giving shape to the case, keeping always a lively
awareness of serving God only, the Church, and souls, without yielding to a
superficial, permissive mentality which does not take due account of the
indispensable demands of matrimony as a sacrament.
6. I would also say something about the
appropriateness that examination of causes should not be delayed too long. I
know very well that the duration of a trial does not depend only on the judges
who have to decide: there are many other factors which can cause delays, but
you—to whom the task of administering justice has been entrusted, so as to
bring inner peace to so many faithful—ought to commit yourselves to the
utmost in order that the course of the process shall proceed with that
solicitude which the good of souls requires and which the new Code of Canon
Law prescribes when it states: “They are to see to it that in the tribunal
of first instance cases are not protracted beyond a year, and in the tribunal
of second instance not beyond six months” (c. 1453).
May none of the faithful take the excessive
duration of the ecclesiastical court process as grounds for not presenting his
own cause or for giving up on it and choosing solutions in clear contrast with
Catholic doctrine.
7. Before concluding I would also again exhort
you to see your ecclesial service in the general context of the activity of
the other dicasteries of the Roman Curia, with special reference to those
which concern themselves with matters having a relation with judiciary
activity in general and that of matrimonial matters in particular.
Moreover, the influence of the Roman Rota on
the activity of regional and diocesan ecclesiastical tribunals should be
valued in particular. The jurisprudence of the Rota has always been and must
continue to be a sure point of reference for them.
The Studio Rotale has given you the
possibility of putting your doctrinal and judicial experience at the disposal
of those who are preparing themselves to become judges or advocates and those
who wish to deepen their knowledge of the Church’s law. Thanks to it, you
contribute to the reflowering of interest in study of the Code of Canon Law
and provide the opportunity for ever more thorough study of this material in
faculties of canon law.
It is therefore with a full heart that I
express my lively appreciation for your serious and constant work, and I bless
your commitment and ministry.
May God who is love ever always remain your
light, your strength, and your peace.
© Copyright 1986 - Libreria Editrice Vaticana
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