Thursday, September 10, 2015

Roberto de Mattei: Christian Matrimony Has Been Dealt a Grievous Blow

by Roberto de Mattei *
The two motu proprio of Pope Francis Mitis iudex Dominus Iesus for the Latin Church and Mitis et misericors Jesus for the Oriental Churches, which were announced on September 8, 2015 have dealt Christian marriage a serious wound.
The indissolubility of marriage is divine and immutable law of Jesus Christ. The Church can not "cancel" a marriage in the sense of dissolution. You can, with a declaration of invalidity, consider its non-existence, if those conditions are not met which ensure their validity. This means that it is not the interest of the spouse which has priority in a canonical process for the Church to obtain a declaration of invalidity, but the truth about the validity of the marriage bond.
Pius XII. reminds us in this regard, that "the only destination is the truth of the marriage process and the law is its verdict in the annulment process, which secures the non-existence of the marriage bond" (allocution to the Roman Rota, October 2, 1944). The believer can cheat the Church to obtain a nullity, for example, through the use of false evidence, but the Church can not hoodwink God and has the duty to ascertain the truth in a clear and precise manner.

In the canonical process, the interests of marriage as a divine institution comes first

In the canonical process, first place goes to the highest interest of the divine institution - and marriage is one such - to be defended. The recognition and protection of this reality come in the legal field expressed in the narrow formulation favor matrimonii, in other words, acceptance of the validity of the marriage until proof to the contrary. John Paul II. declared that the magisterium represents the indissolubility of each consummated marriage as an ordinary law, precisely because the validity is assumed regardless of the success of married life and the possibility in some cases that there could be a marriage annulment (Speech the Roman Rota, January 21, 2000).
As the Enlightenment tried to deal a fatal blow to  Christian marriage,  Pope Benedict XIV. with the decree Dei miseratione from 3 November 1741, ordered that in each diocese a Defensor vinculi had to be used,  for obtaining the declaration of nullity, the principle double coincident judgment to by two different judicial bodies. The principle of double matching judgment was affirmed by the Code of Canon Law in 1917 as well as adopted by  John Paul II. on 25 January 1983 in the new Code of Canon Law.

Turned on its head by reform of Francis  - precedent USA 1971-1983

In the motu proprio of Pope Francis, things have been turned on their heads. The interest of the spouses take precedence over the marriage. This is said in the document itself. The basic criteria of reform can be summarized in a few points:
the abolition of the double, matching judgment, which is replaced by a single judgment in favor of the annulment;
granting a monocratic authority to the bishop, who is qualified as a single judge;  introduction of a fast and factually uncontrollable process;  with including extensive elimination of the Sacra Rota.
How else, for example, is the abolition of double judgment be interpreted? What are the reasons so serious that this principle will be abolished after 270 years? Cardinal Burke recalled that there is in this respect a catastrophic experience. In the United States were from July 1971 to November 1983, the so-called Provisional Norms, the de facto eliminated the duty of the double, matching judgment. The result was that the Bishops' Conference did not reject a single one of hundreds of thousands applications it dispensed, and that the process started to become popularly  known as  the "Catholic divorce" (s. Remain in the truth of Christ. Marriage and Communion in the Catholic Church, Echter, Würzburg 2014).

New powers for Diocesan Bishops, one aspect of explosive scope

Even more serious is the granting of authority to the diocesan bishop, to be able to initiate a rapid process of a single judge at his discretion and to arrive at a judgment. The bishop may exercise his judicial power either personally or delegate it to a committee, which does not necessarily consist of lawyers. A commission in his own image, which of course follows his pastoral instructions, as is already happening in Italy with the "diocesan centers of listening," which lacks any legal basis to date. The combination of Canon 1683 and Article 14 of the Procedural Rules is under this aspect possessed of explosive implications. Sociological considerations will inevitably weigh on the decision: the divorced and remarried are to obtain for the sake of "mercy," preferential treatment. "The Church of Mercy has been set in motion," said Giuliano Ferrara in Il Foglio of 9 September 2015. It does not move by administrative channels, but on the "Courts", which has little to offer in the way of justice.
In some diocese, the bishops will try to ensure the seriousness of the process. But one can easily imagine that in many other dioceses, for example, in Central Europe, the annulment will be a  pure formality. In 1993 Oskar Saier, Archbishop of Freiburg, Karl Lehmann, Bishop of Mainz, and Walter Kasper, Bishop of Rottenburg-Stuttgart, had produced a document in favor of those who were convinced, according to their conscience, for the annulment of their marriage, but not of the elements to prove this in court (Pastoral Letter of the Bishops for the Upper Rhine for the Pastoral Care of People from Broken Marriages, Divorced and Remarried Divorcees [In German]).

"Subjective conviction of conscience" is enough to keep marriage null and void?

The CDF responded by letter Annus Internationalis Familiae of 14 September 1994, with which they made it ​​clear that this path has not been possible because marriage is a public reality: "to ignore this important aspect would make marriage as a de facto reality of the Church, which would deny the sacrament "(no. 8). Nevertheless, recently, the Pastoral Office of the Archdiocese of Freiburg, took the proposal up again (Guidelines for the Pastoral Care to the address people in separation, divorce and after civil remarriage in the Archdiocese of Freiburg), according to which the divorced and remarried  because of a "conscience nullity" ("subjective conviction of conscience" ) of the previous marriage could receive the sacraments and   take on tasks in the parish councils.
The favor matrimonii is to be replaced by a favor nullitatis, which is the primary legal element whilst indissolubility is reduced to a "not practicable Ideal." The theoretical affirmation of the indissolubility of marriage is accompanied in practice by the claim to a right to declare any failed marriage band void. It is enough, in its conscience, to keep one's own marriage invalid, to obtain recognition of their annulment by the Church. It is the same principle, which according to some theologians, to hold a  marriage for "dead", in which the "love is dead" according to a statement of both or even one spouse.

"Bad money drives out good money"

Benedict XVI. warned on 29 January 2010 the Court of Sacra Romana Rota about  the cancellation of marriages by way of  a compliant attitude, "accommodating wishes and expectations of the parties or the influences of the social environment." However, in most diocese in Central Europe  the annulment has been reduced to a pure formality, as in the US when Provisional Norms was the case. Due to the known law, according to which "bad money drives out good money," will be condemned to chaos,  where the "quick divorce" will outweigh its opposite, the indissoluble marriage.
Since more than a year there is talk of a latent schism in the Church, but now  Cardinal Gerhard Müller, the prefect of the CDF, has implored in his speech in Regensburg against the danger of a schism, and urged vigilance and not to forget the lesson of the Protestant schism, which set Europe on fire   five centuries ago.
In advance of the Synod on the Family taking place in October, the reform of Pope Francis is not a torch, but it has sparked it and is paving the way for other catastrophic innovations. Silence is no longer possible.
* Roberto de Mattei, historian, father of five children, Professor of Modern History and History of Christianity at the European University of Rome, Chairman of the Lepanto Foundation, editor of the monthly magazine Radici Cristiane and the online news agency Corrispondenza Romana, author of numerous books, most recently appeared: Vicario di Cristo. Il primato di Pietro tra normalità ed eccezione (Vicar of Christ, the Primacy of Peter Between Normality and Exception.), Verona, 2013; translated into German last: The Second Vatican Council - a hitherto unwritten history, Ruppichteroth 2011. [Avalable on Amazon in English] The intertitles are from the editor.
Translation: Giuseppe Nardi
Image: Corrispondenza Romana
Trans: Tancred


Aged parent said...

Thanks, Tancred. As always, you have done a service to the Church by offering this article.

Anonymous said...

Good Cardinals and Archbishops, priests and lay theologians and authors like DeMattei must now speak up. As article says, silence is not an option any longer. Acquiesce to the Pope's will is not an option when the Pope;s will encourages evil.
The good Cardinals and Archbishops who have spoken up in favor of the family up till now, the 11 Cardinals who wrote a new pro-family book , who appeared in a new pro-family video, and faithful theologians and laymen like DeMattei must not speak up strongly to bring Francis and his thugs down and out.......

Damian Malliapalli

Anonymous said...

"must not speak up strongly to bring Francis and his thugs down and out.......

SORRY, I meant must "NOW" speak up strongly. Certainly I didn't mean "not speak up strongly". The fruit of typing too fast.
Damian Malliapalli

Robbie said...

It seems almost daily Jorge Bergoglio does something to tear down the Catholic Church. I don't know what his ultimate goal is, but it certainly seems to be some sort of ecumenical faith the entire world can follow.

In a recent Washington Post story, there was talk of a revolt brewing among the conservative Cardinals and Bishops in the Vatican. I say good, but what the heck took so long?

In a conversation with Cardinal Caffarra, Sister Lucia of Fatima told him Satan's last battle would be over the family. Well here we have Francis holding a Synod on the Family that threatens to change what we have always believed.

I repeat what I have said before. It's time for this man to be deposed before he tears down everything we hold dear.

Anonymous said...

I asked the Judicial Vicar in my diocese to resign from the priesthood because I think he is a good man. The Catholic Church is no longer a place for good men.

I no longer attend Mass, nor do I participate in the Sacraments. There is no place for me, any longer, in the Catholic Church.


Anonymous said...

Karl, Wrong! Get to a Latin Mass community and abide until the Lord rescues His Bride.

Martin said...

You're probably speaking for the majority here Karl.

M. Prodigal said...

Burke or Schneider or others can speak out but they are not in the pope seat. The pope is driving this bus (barque) off the cliff and words are not going to stop the drive. Only God can.

Reagan's Bush said...

Bergoglio is not the pope and the Conciliar sect is not the Church.

Jim said...

And, contrary to his own delusions, Ronnie's Shrub is not God.

Lynda said...

Those who go against God and His Holy Laws written on men's hearts, do not constitute the true Church headed by Our Lord.

St Just-Sayin said...

Based on the comments, looks like Martin/Jim/Gaybriel is hell bent on dealing all the blows he can.

Sean said...

Mercy mercy, Jesus, Mary and holy St Joseph, reparation, reparation.

Anonymous said...

I sincerely hope that there actually IS a movement among good Cardinals and Bishops in the Vatican and across the globe, including priests and religious and priestly or lay theologians to mount a huge rebellion to force Pope Francis out and bring him and his gang down.
I live near Philadelphia, and have no intention of wasting one second, or one penny to see Pope Francis when he comes to the city, nor to watch coverage of his USA trip. I live only 4 miles from Saint Charles Borromeo Seminary, near Philadelphia where Francis will visit, and would not waste my time, effort, or gas in my car to go see him. I suppose it is wrong to hate the Pope, and I never thought I would hate a Pope.....disagree with, yes, but not hate. But for what Francis has done and is doing to the Church, I hate him, his agenda, and those of his supporters who are wrecking the Catholic Church.
At the coming Synod, I believe there will be a huge battle, one with the faithful Cardinals and Bishops on one side (God's champions), and on the other side, Francis and his legions of darkness guided by the Devil.
I never thought that the Catholic Church would turn into something like this filth that Francis has brought into the Church in my lifetime.
Francis should be very afraid of the things he is doing, because he will be dead soon...and it will be sudden. The Lord will judge him . I hope he is prepared.

Damian Malliapalli

Anonymous said...

It has been said that a major schism could break out after the Synod 2015. I believe it has already happened and we must make a choice, obey God or man.

Anonymous said...

...To tear down the's just for this that he was elected, he's been waiting for 8 long years to finish the job. We're in dire straits and only God can save us. Gob bless+

Anonymous said...

"To tear down the's just for this that he was elected"

This is very probably true. There was a group of Cardinals-all radical liberals, and many supported by JP II- who hated Cardinal Joseph Ratzinger, and were furious when this good man was elected. Among them, these Cardinals did all they could to thwart his actions and to block his great initiatives to restore the Catholic Church:
Cardinal Angelo Sodano- probably the ringleader of it all
Cardinal Giovanni Battista Re- a radical liberal and friend of Bergoglio
Cardinal Walter Kasper (we know all about this jackass already)
Cardinal Marx
Cardinal Carlo Maria Martini,S.J. of Milan (radical liberal)
Cardinal Murphy-O'Connor
Cardinal Francis Arinze (violently opposed to the Tridentine Latin Mass)
Cardinal Dolan
Cardinal Mahony
Cardinal Schonborn
Cardinal Bergoglio (Pope Francis as Cardinal did all he could to oppose the direction of Benedict XVI)
Cardinal McCarrick
Cardinal Wuerl
Cardinal Bras de Aviz
Archbishop Rino Fischiella and Archbishop Bruno Forte
Archbishop Piero Marini............and of course many others.
This group did much to make Benedict XVI's program for the Church impossible, and the infighting they caused pressured the great Pope we had to resign.
Now they have their man in, the radical Francis.
It is up to the good Cardinals and Bishops in the Vatican and out, to now do the opposite....and force Francis out.
I'll bet anyone here, that if the results of the upcoming Synod are extremely ugly and contentious, and Francis and his party come out of it as losers, that Francis resignes in less than a year after that (or dies).

Damian Malliapalli

Mark Thomas said...

"...the abolition of the double, matching judgment, which is replaced by a single judgment in favor of the annulment;...How else, for example, is the abolition of double judgment be interpreted? What are the reasons so serious that this principle will be abolished after 270 years?"

A juridical practice that has existed for 270 years within the Church is irreversible suddenly?

As to the abolition of the automatic second judgment, I have heard Canon Law experts insist that the process in question is very much an unnecessary rubber-stamp practice.


Mark Thomas

Lynda said...

It is a diabolic attack on the essence of marriage - an attack on everyone's marriage. Which, in turn is an offence against God and His Holy Laws, and the truth of the nature of man, knowable by all.

Anonymous said...

You ain't seen nothing yet. Next he will go after the divinity of christ which will lead to the removal of the daily sacrifice, which will then set the scene for la salette "Rome will lose the faith and become the seat of the antichrist" . Expect more dictatorial Moto propios (literally) from hell.
Signed SJT

Martin said...

Don't worry about them Damian, you're doing an excellent yourself.

Anonymous said...

I disagree. the grevious blow was dealt in the 60's with the cultural revolution that made divorce an acceptable prospect. If anyone is believing this numbnut in Rome it's their own fault for not having faith enough. This guy isn't pope, he isn't even Catholic and I'm going to fret about something he's said and/or believe it? Who cares honestly, he'll have his little party and then chastisement for the faithless west and those who are left will proclaim God once more.

Jim said...

Sign your post.

Anonymous said...

Hi Jim, do you work for the blog? The only person I know affiliate with the blog is Tancred. Let me know thanks.

Anonymous said...

"To tear down the CC".
Can't remember where I heard the following but here goes, for your discernment:
God told st francis to rebuild his church.
Satan sent this guy to tear it down. His name is Francis because st Francis occupies the seat in heaven once held by Lucifer.

Jim said...

Nemo 8:20. Have you got a note from your mother to play according to a separate set of rules?

Sign you post(s)

Martin said...

Which poster are you talking about?

Anonymous said...

That's a great saying Anon 9:03. St Francis did warn us too about a man "not canonically elected", "not a true pastor, but a destroyer". The funniest thing I read was soon after Jorges election some newchurch bloggers decided beyond a shadow of a doubt that St. Francis had not made this statement and it was false. So never mind it's been in the writings of St. Francis for years, once the shoe really appears to fit, it's magically not something St. Francis wrote. Funny

Anonymous said...

Karl, this is pure balderdash this notion of yours. There is no place for you? What does that even mean? You're throwing the fight, instead of watching our Lord carry the cross up to Calvary why don't you go help him?

Gabriel said...
This comment has been removed by a blog administrator.
Anonymous said...

Gabriel should go work for EWTN-TV, which I read is declining fast in support because of it's constant cheering for Pope Francis.

Damian Malliapalli

Anonymous said...

Francis wasn't the real name, his name was Giovanni (John) di Bernardone, Francesco (Francis) in Italian means French, i.e. stranger.......tout se tient. God bless+

susan said...

yeah, that's right 'martin', don't name-names by any means...leave the roaches to do their work of destruction and infection in the dark....yep, that'll make it all better. Damian, be quiet, and pay your kirchensteuer, and don't worry about coming to're fine. Want an annulment?...big sale this week.

susan said...

W.O.W. Anon 9:03......just. wow.

susan said...

neither was francis bergoglio's real name....both the Saint and he assumed it, but for very different reasons.....satan mocks everything of the Light, and always in a very diabolical way. Once reading anon 9:03's comment, it's clear as crystal that jorge couldn't have picked any other name.

Anonymous said...

Saint Francis of Assisi (born 1181/82) was baptized Giovanni di Pietro di Bernadone. His father was Pietro Bernadone of Assisi. His mother's name was Pica de Bourlemont. She was French, born in Provence, France. Saint Francis was nicknamed "Francesco...".the Frenchman".because he loved the customes, traditions, culture and music of his Mother's native country.
Up until the 15th /16th century, it was common for people to have no family last names, but rather to take a name such as Leonardo da Vinci originally had ( Leonardo di Ser Piero da Vinci.... meaning Leonardo,(son of Piero) of/from Vinci.
I believe Bergoglio took the name Francis not to honor St. Francis of Assisi (for Francis wanted to serve and help the poor, but not bring the Church down into poverty or be like the poor), but rather (perhaps unwittingly), to fufill the prophecy that a person not canonically elected (and he wasn;t), would take that name.

Anonymous said...

Damien, I agree with most of what you say, with the exception of hating Bergoglio. That would be falling into the devils trap. God commands us to love our enemies, Bergoglio by his own doing makes it easy for us to hate him. But we must pray for him while at the same time opposing his damning innovations. I have read that there are Cardinals and Bishops who remain anonymous, who are confidant that Bergoglio was not canonically elected and are studying the issue. Also when a Pope is elected in a Conclave, within a few days the declaration of his canonical election is released. Up to now that declaration has yet to be released. That gives us reason to ask why? Are those responsible for issuing this Canonical Decree not in agreement on the canonical election of Bergoglio??

Anonymous said...

Danian, You have listed a very important list of those who opposed Pope Benedict XVl. Please, you have got to share more of your information, it will greatly assist those of us battling for Christ's Church.

LeonG said...

Francis is an enemy of God - he is telling us God's Church must change to adapt to modern ways, while Scriptures tell us that His Son calls us to repentance and a change of our sinful ways.
The scourge of Christianity is intensifying its presence throughout Europe - Islam arrives to make Francis and his liberal modernist predecessors eat their schismatic words. Ecumenism houses all the useful idiots who aid and abet the destruction of The Church.

matrimony said...

Nice blog i like it.

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