pope to rot a
TRANSCRIPT
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Dear Holy Fr
I wrote to you twice yet Cdl Pell says to liaise with my canon advisors.
I have none as Tribunal ignore me.
Like Abp Hepworth- Primate Traditional Anglicans, I feel abused and yet
forgive all.
But Abp Hart, does not like me doing fraternal correction of his staff
(our priests too). He said Melbourne Tribunal cannot do a cause in letter of 5 OCT 11, i sent to you in
response to writing your Secretary Fr Gaenswein. Can i appeal this negativity? I wrote Roman Rota
similarly but they (Mark-Fr Richard) said help would come inform of Advocate list last May 11.
It has not or gone astray. I gave Tribunal continual requests to readmit me though FR WATERS said
he had abandoned my cause and I grew up seeing my mom beaten, which i sadly did to my wife
thrice. It is sad and rare but debilitating so I did one also common assault in a minor way after being
pushed physically.
Please help as per attached-it is clear that I had witnesses interviewed and so on so it is was
advanced.You have seen war so no violence is unsettling at best.
AMaria VCJesu Jos Bl Ora grace semper
Robert Anderson
OL Fatima Eve 11
PS I hope something happens soon please forward to Roman Rota. I request appeal on poor
handling of my cause being given no proper canonical advice, no advocate and being abandoned.
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Dear Nuncio
as i did fax you and them
Pope Paul VI
12 Dec 1963: Tribunal personnel are bound in conscience to seek the truth. Italian text.
11 Jan 1965: Stresses the importance of avoiding even the semblance of injustice by ferreting out weak cases before
submission or adjudication; reminds tribunal personnel that their decisions can have an impact on parties' moral standing; and,
urges avoidance of procedural delays that can deprive parties of justice. Italian text. Fontes: 1983 CIC 1611, 4°, 1614,
Pope John Paul II
All of Pope John Paul II's Addresses to the Roman Rota
were delivered in Italian, but from the start French andEnglish official translations were prepared by the Vatican.
Beginning in 1997, Portuguese translations were provided, in
1998 Spanish translations started to appear, and in 1999
German translations were added. Here, date of address islinked to the Vatican's English text. See also: W. Varvaro,
“Trends in rotal jurisprudence: surveying U.S.A. cases (1980-
1985)” , Proceedings of the Canon Law Society of America 53(1991) 019-062; David Price, “Serving the Tr uth with Justice:
An Analysis of Pope John Paul II's Allocutions to the Roman
Rota”, The Jurist 53 (1993) 155-185; W. Varvaro, “RotalJurisprudence 1985-1990”, Proceedings of the Canon Law
Society of America 55 (1993) 156-166; W. Varvaro, “Rotal
jurisprudence in the 1990s”, Proceedings of the Canon Law
Society of America 60 (1998) 224-242; G. Comotti,
“Considerazioni circa il valore giuridico delle allocuzione delPontifice alla Rota romana”, Ius Ecclesiae 16 (2004) 30-40;
Pope John Paul II addresses the Rota in 2002
and F. Morrisey, “Some themes to be found in
the annual address of Pope John Paul II to the
Roman Rota”, Studia Canonica 38 (2004) 301-328.
30 Jan 1986: Adjudication of cases must not be needlessly delayed; couples should not be pushed into seeking non-
tribunal resolutions of marriage questions due to judicial delays; and, Rota should maintain spirit of cooperation with
other dicasteries.
25 Jan 1988: DOBs have duties and may not regard their office as mere opportunities to raise defense; DOBs must
have a healthy sense of “normality”, a sense based on Christian anthropology; canon law understands that “normal”
people face moderate psychological difficulties without threat to the validity of their marriages; experts should have
access to substantial information on the parties before rendering opinions; DOBs should consider alternative theories
of matrimonial failure (possibly ruling out nullity thereby), including the refusal of some people to struggle with their
marriage; DOBs have their own right of appeal; DOBs should not pretend to an expertise in social sciences that they
do not have; and, they should not be satisfied with routine recitations of standard defenses, but should serve as
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effective advocates of matrimonial stability and endurance. See also G. Versaldi, "Animadversiones quaedam relate
ad Allocutionem Ioannis Pauli II ad Romanam Rotam diei 25 ianuarii 1988" Periodica 78 (1988) 243-260.
18 Jan 1990: The “pastoral” in canon law is all that contributes to the welfare of souls, thus, not just exceptions tothe application of law (e.g., as directed by canonical equity); juridical activity is by its nature pastoral, and one can
hardly lead souls to heaven without the love shown by insisting on observing laws and rights of the faithful; charity
always takes account of justice; people have a right not to be deceived with false declarations of nullity; and, whiletrials are to avoided, they still represent a victory for civilization
29 Jan 1993: Law is a means to pursue justice and preserve peace; law is pointless if not observed; suggestion thatmost questions about proper interpretation will occur in early years of the Code; interpretation of law takes place
within the pontifical commission, but also within legislative, executive, and judicial organs of the Church; the proper
meaning of words should arise from juridic disciplines, not other sciences; undefined "humanitarianism" is a danger
to sound canonical interpretation; simulation must arise from a positive act of the will; error of law must conditionthe will in order to render marriage null; and, error of person, to be nullifying, must place the desired quality ahead of
the person.
10 Feb 1995: Proper anthropology is essential to good judging; experts who reject Christian anthropology cannot
assist tribunals; judges are free to evaluate declaration of parties in accord with their conscience; personal conscience
cannot create personal law; bishops are not free to dispense form procedural laws, and, internal forum solutions mustoperate with regard for objective law.
22 Jan 1996: Matrimonial nullity cases are complex and must have regard for procedures in general and the notionthat status of persons questions should not remain unresolved for too long; one has a right to an answer, though not to
a declaration of nullity or validity per se; delaying tactics should never be permitted; assertions of violations of the
right of defense can be exaggerated, and need in any case to be heard with awareness of the fact that status of personscases never become res judicata; each case must be attentive to the unrepeatable uniqueness of the parties; judges
must be able to move beyond preconceived mental categories that are not valid in every culture or time; the Rota
contributed to the new Code, but itself owes a debt to the advancement of social sciences; auditors come from aroundthe world for a reason. See also E. Peters, “Tribunals look for cues in Pope's address” National Catholic Register (9
June 1996), p. 7.
27 Jan 1997: The bond of matrimony is distinguishable from an intimate sharing of married life and love; personalist
interpretation must not conflict with magisterial teachings; relations between spouses (and children) have an element
of justice about them and therefore are juridically examinable; canonical norms represent anthropological and
theological realties; excessive individualism damages the bond of marriage; science helps judges find the minimumnecessary for capacity and consent in actual cases.
17 Jan 1998: Church laws serve the Church's supernatural purpose; all sorts of trials are to be conducted in the spiritof charity; canon law should have frequent resort to Vatican II; other tribunals should conform to the "authoritative
model" of Rotal jurisprudence, now aided by more timely publication of Rotal sentences; announcement of
interdicasterial commission to draft norms to improve matrimony trials; another warning against cultural blinders in judges; and, models for assessing marriage need to be updated in light of advances in other disciplines.
21 Jan 1999: The Rota serves as a reference point for other tribunals; commitment is what makes amor become
conjugalis; suggestion that consent is more important than the manner in which which it is expressed; that is why
simulation cases can be heard, and why weddings marked by simulation are doomed to failure; de facto unions lack
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commitment and hence are not conjugal, even less so are homosexual unions; startlingly frank quotation from
Romans 1:28; and, do not read Canon 1095 too broadly, but the wording here suggests that it is a sort of impediment.
29 Jan 2005: Tribunals are not immune to subornation attempts; failure of marriage is not proof of its invalidity;bishops must be involved in their tribunals and actively oversee them; judges must remain above cultural prejudices
and focus on truth; law and doctrine are closely connected; Word of God binds by its own authority and does not
need positive ecclesiastical enactment to hold sway; and, judges must be broadly familiar with all Church teachings.
Pope Benedict XVI
28 Jan 2006: There is no conflict between " Dignitas Connubii" and the concerns of Synodal fathers at the Synod on
the Eucharist (info here); tribunal processes are designed to serve the truth in an expeditious manner; every good judge knows that people need love; marriage impacts the community, so resolution of cases cannot be left the parties
themselves; marriage nullity trials should not be cast as against one party; complacent attitudes toward marriage law
might seem pastoral, but do not serve the good of the parties or of the Church; trials should be about more than
“registering the failure” of a marriage.
27 Jan 2007: Matrimonial cases are, besides anything else, a search for the truth about the marriage; indissolubilityarises not from the intensity of the commitment, but from the nature of marriage; a relativistic mindset can infiltratethe Church at many levels; judges must beware of interpretations of law that rupture continuity; the Rota is an
effective and authoritative manifestation of the juridical wisdom of the Church.
26 Jan 2008:
Sequence of EventsListen to optional audio accompaniment, Annulment Respondents Audio (mp3)
Abbreviations
CIC Codicis Iuris Cononici Code Law Canon DC Dignitas Conubbii Dignity of Marriage
Suggested Diagram showing process from Diocese of Colorado Springs Tribunal (pdf)
1. "The notification of citations, decrees, sentences, and other judicial acts must be made through the public
postal service or by some other very secure method". (CIC 1509)
2. The Libellus is presented to tribunal, naming tribunal, parties, reason for petitioning and grounds. Libellus, alsocalled petition, is the statement requesting a determination concerning the validity of the marriage. (CIC. 1502)(DC 114-117)
3. The Judge considers whether to accept reject libellus (CIC 1505) (DC 119-125)
4. The Judge's acceptance or rejection of libellus is set by decree
5. The respondent is notified by summons (also called citation). The other party to the case, the respondent, iscited, so that he or she may participate in the case. (CIC 1507, 1508) (DC 126-128).
6. Competency is determined. The location of tribunal can be any of four places: a) where the marriage took place; b)where respondent lives; c) where petitioner lives (if the respondent lives in same country and the respondendapproves); or d) where most of the witnesses live (if the respondent has been heard) (CIC 1673) (DC 10). If respodent lives in a different diocese than the petitioner the respondend's judicial vicar must be participating incommunication. Judicial vicar = top tribunal judge.
7. The respondent, early on, has a right to know the charge against the marraige--and what facts and proofs are beingproposed to the tribunal as the basis for the claim of invalidity. The notification/citation to the respondent must
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include a copy of the petitioner's petition/libellus (CIC 1508 §2, DC Art. 127 §3). The petitioner's petition/libellusmust include the petitioner's statements providing the facts and proofs in a general way that he or she isplanning to use to prove the case (DC Art. 116 º3, CIC 1504 º2). Read Excerpts from Commentary on D.C. Art.128, 129, 135 citation
If respondent does not receive these statements
1. Responded could insists on receiving them. See Sample Letter.
The introductory libellus is to be attached to the citation, unless the praeses or ponens for grave reasons decrees,with a decree indicating reasons, that the libellus is not to be communicated to the respondent party before that
party has given his judicial deposition. In this case, however, it is required that the respondent party be notified of the object of the cause and the ground(s) proposed by the petitioner (cf. can. 1508, ¤ 2).
There does not appear to be an appeals possible if the judge withholds the libellus from the Respondent after it hadbeen requited as there is no appeal granted by the canon itself as this action is what is noted in can 1629,4. Aappeal can be made especially a plea of nullity, against the definitive sentence of the case following the normalappeal process. This might apply if the respondent did not have access to the libellus before the publication of theacts. Yet, if the respondent was able to see the actual libellus at the time of the publication, there would be lessbasis to appeal. The purpose of the libellus is to establish the basis of a claim that the marriage is null. Therespondent has a right to reply to this libellus to refute any information that they consider inaccurate.
It would appear that a respondent can request a copy of the libellus after first testifying. The only justification whichmust be given by a decree must indicate why the respondent must be deposed first before being given a copy. Onewould receive it at the time of the Publication, but the canon indicates a copy must be given before this if requestedby the respondent after they have already given testimony. Once they have given testimony, they have a right toreceive the libellus.
2. The responded has a right to have an advocate assiting. (See Suggested Questons for Interviewing TribunalAdvocate)
Art. 46 - § 1. The collegial tribunal is to be presided over by the Judicial Vicar or Adjunct Judicial Vicar or, if this
cannot be done, by a cleric from the college designated by either one of them (cf. can. 1426, § 2).§ 2. It pertains to the praeses of the college:
6- to provide for the ministry of a procurator or advocate in accordance with artt. 101, §§ 1, 3; 102; 105, § 3;
106, § 2; 109; 144, § 2);
Art. 101 - § 1. Without prejudice to the right of the parties to defend themselves personally, the tribunal is bound
by the obligation to provide that each spouse is able to defend his rights with the help of a competent
person, most especially when it concerns causes of a special difficulty.
§ 2. If in the judgement of the praeses the ministry of a procurator or advocate is necessary and the party has not
so provided within a prescribed time limit, the praeses is to name them, as the case requires, but they remain in
function only as long as the party has not named others.
§ 3. If gratuitous legal assistance has been granted, it pertains to the tribunal praeses himself to name the
procurator or advocate.
§ 4. In any case, the appointment of a procurator or advocate by decree is to be communicated to the
parties and the defender of the bond.
Art. 112 - § 1. It pertains to the Bishop Moderator to publish an index or directory in which there are
listed the advocates admitted before his tribunal and the procurators who usually represent parties there.
§ 2. The advocates inscribed in the directory are bound, by a mandate of the Judicial Vicar, to provide gratuitous
legal assistance to those to whom the tribunal has granted this benefit (cf. art. 307).
Art. 113 - § 1. At every tribunal there is to be an office or a person available so that anyone can freely and quickly
obtain advice about the possibility of, and procedure for, the introduction of their cause of nullity of marriage, if
such should be the case.
§ 2. If this office should happen to be carried out by the ministers of the tribunal, they cannot have the part of
judge or defender of the bond in the cause.
§ 3. In each tribunal, to the extent possible, there are to be stable advocates designated, receiving their salary
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from the tribunal itself, who can carry out the function described in § 1, and who are to exercise the function of
advocate or procurator for the parties who prefer to choose them (cf. can. 1490).
3. Roman Rota Request The respondent can advise the tribunal of intent to go to Rota. At any time during the firstinstance tribunal process, the respondent can advise tribunal that the second instance tribunal is to be the Roman
Rota, as is one's right (Canon 1444, 1, Annotations on 1444, 1405, See Special Norm of the Rota for MarriageNullity Trials (Art. 58, §2)).
Under canon 1444, after a first instance judgment, anyone can appeal to the Rota for the hearing in second
instance. A simple indication in writing ("I appeal to the Rota for the second instance hearing of this case") to the
first instance tribunal is sufficient; then the Tribunal is obliged to forward the case to the Rota. The petitioner has
the right to know when this has been done. In such cases, the appellant can ask for gratuitous legal representation
at the Rota and this is automatically granted - without charge.
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By my initials below, I both acknowledge and agree to the following:
I understand that this is a legal process of the Catholic Church specifically designed to clarify my
canonical state in the Church. As such, it is not specifically intended to provide spiritual or
emotional healing, even though this could be an effect of the process.
I understand that I have a right to legal advice and aid by having an advocate assigned to me. I
understand that I can choose to have an advocate assigned to me at any point in this process.
I understand that there is no guarantee that the final outcome of my case will be a decision in
favor of the nullity of the marriage.
I understand that this process has no civil effects and does not impact the status of any children
born of the marriage.
I understand that anything submitted to the tribunal is strictly confidential and will not be shared
with anyone except the members of the tribunal, my advocate, and my divorced spouse.
I understand that my divorced spouse has the right to be involved in this process and to argue that
our marriage was valid, or propose different grounds.
I understand that my divorced spouse has the right to read anything that I submit to the tribunal as
well as anything submitted by my witnesses. In turn, I understand that I have the right to read
anything that my divorced spouse submits to the tribunal as well as anything submitted by his or
her witnesses.
I understand that it is my responsibility to make sure that my witnesses are willing to cooperate
with this process. And I understand that if some of my witnesses do not cooperate I will have to
provide additional witnesses who are willing to cooperate.
I promise not to discuss the specifics of my case with anyone other than the members of the
tribunal and my advocate, especially witnesses or potential witnesses. I understand that I can
discuss my previous marriage within the limits of confession, spiritual direction, and counseling
as long as this does not compromise the integrity of my case.
I understand that I am not allowed to set a date for a future marriage until I receive final
notification of a decision in favor of the nullity of the marriage.
I understand that my divorced spouse and the defender of the bond have the right to appeal a
decision in favor of the nullity of the marriage, which could delay or prevent a future marriage
from occurring.
I understand that if a decision in favor of the nullity of the marriage is rendered, there may be
conditions placed upon me which could prevent a future marriage from occurring until the
conditions are fulfilled.
I promise to cooperate with the Tribunal office in all matters relating to my case and to respond
promptly when asked to do so by the Tribunal.
I understand that there is no guarantee when my case will be completed, but I also understand that
the tribunal will do everything in its power to complete my case as quickly as possible.
In addition, by my signature below, I swear that all of the information on this petition form isaccurate and complete to the best of my knowledge, and I swear that the allegations which I
submit as my testimony with this petition are the whole truth.
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Canon 1319 §1 To the extent to which a legislator can impose precepts by virtue of the power ofgovernance in the external forum, to that extent can he also by precept threaten a determinedpenalty, other than a perpetual expiatory penalty.
Obstinate doubt about matters requiring assent is also heresy.
Code of Canon Law
IntraText - Text
BOOK III. THE TEACHING FUNCTION OF THE CHURCH LIBER III. DE ECCLESIAE MUNERE DOCENDI
Can. 747 §1. The Church, to which Christ the Lord has entrusted the deposit of faith so
that with the assistance of the Holy Spirit it might protect the revealed truth reverently,
examine it more closely, and proclaim and expound it faithfully, has the duty and innate
right, independent of any human power whatsoever, to preach the gospel to all peoples,
also using the means of social communication proper to it.
§2. It belongs to the Church always and everywhere to announce moral principles, even
about the social order, and to render judgment concerning any human affairs insofar as
the fundamental rights of the human person or the salvation of souls requires it.
Can. 748 §1. All persons are bound to seek the truth in those things which regard Godand his Church and by virtue of divine law are bound by the obligation and possess the
right of embracing and observing the truth which they have come to know.
§2. No one is ever permitted to coerce persons to embrace the Catholic faith against their
conscience.
Can. 749 §1. By virtue of his office, the Supreme Pontiff possesses infallibility in
teaching when as the supreme pastor and teacher of all the Christian faithful, who
strengthens his brothers and sisters in the faith, he proclaims by definitive act that a
doctrine of faith or morals is to be held.
§2. The college of bishops also possesses infallibility in teaching when the bishops
gathered together in an ecumenical council exercise the magisterium as teachers and
judges of faith and morals who declare for the universal Church that a doctrine of faith or
morals is to be held definitively; or when dispersed throughout the world but preserving
the bond of communion among themselves and with the successor of Peter and teaching
authentically together with the Roman Pontiff matters of faith or morals, they agree that a
particular proposition is to be held definitively.
§3. No doctrine is understood as defined infallibly unless this is manifestly evident.
Can. 750 §1. A person must believe with divine and Catholic faith all those thingscontained in the word of God, written or handed on, that is, in the one deposit of faith
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entrusted to the Church, and at the same time proposed as divinely revealed either by the
solemn magisterium of the Church or by its ordinary and universal magisterium which is
manifested by the common adherence of the Christian faithful under the leadership of the
sacred magisterium; therefore all are bound to avoid any doctrines whatsoever contrary to
them.
§2. Each and every thing which is proposed definitively by the magisterium of the
Church concerning the doctrine of faith and morals, that is, each and every thing which is
required to safeguard reverently and to expound faithfully the same deposit of faith, is
also to be firm-ly embraced and retained; therefore, one who rejects those propositions
which are to be held definitively is opposed to the doctrine of the Catholic Church.
Can. 751 Heresy is the obstinate denial or obstinate doubt after the reception of baptism
of some truth which is to be believed by divine and Catholic faith; apostasy is the total
repudiation of the Christian faith; schism is the refusal of submission to the Supreme
Pontiff or of communion with the members of the Church subject to him.
Can. 752 Although not an assent of faith, a religious submission of the intellect and will
must be given to a doctrine which the Supreme Pontiff or the college of bishops declares
concerning faith or morals when they exercise the authentic magisterium, even if they do
not intend to proclaim it by definitive act; therefore, the Christian faithful are to take care
to avoid those things which do not agree with it.
Can. 753 Although the bishops who are in communion with the head and members of the
college, whether individually or joined together in conferences of bishops or in particular
councils, do not possess infallibility in teaching, they are authentic teachers and
instructors of the faith for the Christian faithful entrusted to their care; the Christian
faithful are bound to adhere with religious submission of mind to the authentic
magisterium of their bishops.
Can. 754 All the Christian faithful are obliged to observe the constitutions and decrees
which the legitimate authority of the Church issues in order to propose doctrine and to
proscribe erroneous opinions, particularly those which the Roman Pontiff or the college
of bishops puts forth.
CONGREGATION FOR THE DOCTRINE OF THE FAITH
INSTRUCTION
DONUM VERITATIS
ON THE ECCLESIAL VOCATION
OF THE THEOLOGIAN
This Instruction was adopted at an Plenary Meeting of the Congregation for the
Doctrine of the Faith and was approved at an audience granted to the undersigned
Cardinal Prefect by the Supreme Pontiff, Pope John Paul II, who ordered its publication.
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Given at Rome, at the Congregation for the Doctrine of the Faith, on May 24, 1990,
the Solemnity of the Ascension of the Lord.
JOSEPH CARD. RATZINGER Prefect
ALBERTO BOVONE Titular Archbishop of Caesarea in Numidia
Secretary
17. Divine assistance is also given to the successors of the apostles teaching in
communion with the successor of Peter, and in a particular way, to the Roman Pontiff as
Pastor of the whole Church, when exercising their ordinary Magisterium, even should
this not issue in an infallible definition or in a "definitive" pronouncement but in the
proposal of some teaching which leads to a better understanding of Revelation in mattersof faith and morals and to moral directives derived from such teaching.
One must therefore take into account the proper character of every exercise of the
Magisterium, considering the extent to which its authority is engaged. It is also to be
borne in mind that all acts of the Magisterium derive from the same source, that is, from
Christ who desires that His People walk in the entire truth. For this same reason,
magisterial decisions in matters of discipline, even if they are not guaranteed by the
charism of infallibility, are not without divine assistance and call for the adherence of the
faithful.