Reflections On Fast-Track Annulments

November 23, 2016 00:27:39
Reflections On Fast-Track Annulments
Veritas Caritas
Reflections On Fast-Track Annulments

Nov 23 2016 | 00:27:39

/

Show Notes

View Full Transcript

Episode Transcript

Speaker 0 00:00 <inaudible> walk Speaker 1 00:17 worthy of the vocation, which you are called the name of the father and the son. Holy Ghost. Amen. Before we get started, I want to trust everybody here to our ladies. A maternal Mack had heart. There's no delicate way to approach this topic and so I asked for everyone's purse. For anyone here that may have already been hurt by what we're going to talk about, if that pertains to anyone, I apologize in advance. Uh, the only thing I'm really concerned about is not so much pain in this life. Just avoid it in the next. And so I'm assuming that you'd rather hear things that are a little painful that are true than a bunch of soothing lies. Well, most faithful Catholics had their attention focused on upcoming centered. On September 8th, the DePaul issued two documents, one document for Latin Catholics. That's us, one document for the eastern Catholics, like the Maronites, the cal DNS, Ukrainian Catholics, your modbars and so forth. Speaker 1 01:07 We're going to spend some time this morning considering media neatest Utex, which that's the document he issued to us Latins, which deals with an almonds in order to understand what's going to happen, what this, what happens, what's going to happen when this document takes effect in early December. We need to take some time this morning putting into context. So here's what we're going to do. First, we're going to make sure that everyone here knows exactly what a marriage is. Then we're going to make sure that everyone here knows exactly what an anomaly is. Then we're going to take a quick look at the current economic situation here in America and finally we're going to consider Munis Unix, the pulps document. And that way we'll have some idea of what we can look forward to starting in December. Okay? As usual, my servants, I've cut and pasted quotes. There's too many sources today to cite them all. Speaker 1 01:53 So first we're gonna look at what a marriage is, don't want to nominate is then the current situation of Nomex in America. And finally we're going to consider the pulps to document marriage. Marriage is a relationship. The results from a contract to relationship that results from the contract, and here's the contract that a couple of mates when they exchange files, a man and a woman give and accept an exclusive of perpetual right for acts which are themselves suitable for the generation of children. That's the contract a man and a woman given except your perpetual and exclusive rights for acts or Charles himself suitable for the generation of children. That's almost a direct translation from the old code of Canon law by validly making consumer consummating this contract. Then the two become more closely related to each other than a brother is to assist your than a father is to his son, and that relationship is made directly by God. Speaker 1 02:55 That relationship is perpetual, which means it until death, it's exclusive, which means it pertains only to that. Now under that woman and no one else, and it's limited. It means a couple is contracted for rights which are themselves suitable for the procreation or generation of children. That's what marriage is. So that's the first point. Second, once we clearly understand that marriage is a god created relationship that results from a mad made contract, it's easy to see the difference between a divorce and declaration of nullity. Declaration of Nokia is commonly known as an enormous divorce claims to break up a marriage that actually is in big naughty means. The marriage never came into being. It's a discovery that the contract to marry did not exist, that the contract was not valid. Marriage is not only a contract, but it results from a contract and that means if there is no contract, then the relationship didn't come into being so nobility concerns the marriage contract only. Speaker 1 04:06 If it's valid, then the relationship arises. It cannot be nullified. That's essential to understand. A lot of people don't get this point. If the contract is validly made, then nothing and nothing means absolutely nothing that happens only after the American has come in to be can possibly be a ground for decree of nullity. That is why the only question asked by the churches, was the contract properly entered into? Was the contract validly made? If it was, then there could be no possible question of nobody. The marriage came into being, which means the parties are now governed by laws of marriage, not by the contract. If the contract was validly made, that would simply be false to say the union never wasn't marriage, but that's exactly what a decree of novelty means. Okay, so decree of novelty, commonly known as enjoyment as a finding by tribunal. Speaker 1 05:05 What's a tribunal? A tribunal is basically one of the churches, courts of love and decree of novelty, commonly called an enjoyment as a finding by a tribunal that the contract of marriage did not exist, that the contract was not validly made. And again, although marriage is not only a contract, it results from a contract, and so if there was no contract, then the marriage did not come into existence. A degree of novelties issued by a diocesan marriage tribunal, which is supposed to follow a fairly rigorous process to collect and then review the essential facts after which a judgment on the validity of the marriage contract is made after this. Then a second court, which is usually in a neighboring diocese also reviews the judgment to make sure that nothing was overlooked. The decision may be appealed all the way up to the sacred Roman Rhoda, which is the Roman tribunal. Speaker 1 06:02 For these cases, there are whole higher hierarchy of tribunals ranging from a diocesan tribunal all the way up to those fun in Rome, the sake of Roman and and epistolic signatory. That's what Carl Albert used to be. The head of errors are possible in a tribunal process. Just think Joan of arc errors are possible, which is why the decisions are reviewed. If however, the witnesses are honest, the tribunals conscientious about falling the letter in the spirit of the law, the decree is morally certain and so it can be followed in good faith. So the marriage tribunals are the church examined claims of no loyalty. Once we see a declaration of knowledge, it can only be issued by tribunal, then it's easy to understand what's wrong with the so called internal farm solution. Now, this is a fancy priest word for something that's really wicked. By this. Speaker 1 06:52 We mean the idea unfortunately promoted by many priests. They can somehow grant installments in a confessional or in a conversation. Only a competent tribunal of the church can grant a declaration of novelty. This is a real problem, at least where I'm from, only a truck competent tribunal. The church can grant a declaration of novelty. We just do not have that power simple priest period. So if anyone here has been misled in this way by one of these wicked priest for the love of God, the salvation of your soul, please come see one of us. Okay, so there are two different processes by which your marriage tribunal comes to a conclusion regarding the validity or the nobility of the marriage contract. There's two ways. A procedure called the documentary process. That's the first way, the documented process that's used to deal with cases such as those involving what's called the defect of form that occurs when a Catholic is married outside the church without a dispensation from the bishop. Speaker 1 07:53 He just goes to Reno and goes to the wedding blues chapel or something that's defective form. Or if the partner were below the illegal edge at the time of attempting the contract. So the church requires a groom to be at least 16 years old and the bride to be at least 14 years old or they attempt marriage to person who's valley married to someone else and so forth in these cases to try beautiful examines the documents and sees, for example, the Catholic couple attempted marriage outside the church. Without a dispensation, it's obviously invalid. There's nothing more to see. Declaration of Naughty 21% of the declarations and naughty issue in the U S in 2007 were by means of the documentary process and most of those were granted for defective form and others. Most of those were granted for Catholics who attempted to contract marriage outside the church without a dispensation from the bishop. Speaker 1 08:46 So that's a documentary process. They just have to look at the paperwork said there it is. The other process is known as the ordinary process. This requires a trial to determine whether the marriage was validly contracted. These cases deal with situations like permanent impotence at the time of marriage or the claims of a shotgun wedding where clients at one or the other, the sponsor's absolutely fixed on never having children on polygamy, on cases where at least one of the parties was only simulating the contract from so other motive. For example, he just wanted to get legal status in the country or other questions that revolve around validity of the consent. In 2007 79% of the decorations of naughty granted in the United States were granted through the ordinary process required a trial, so 21% looking at the document, 79 they had a trial investigate the situation and consent. Speaker 1 09:41 Now that we considered the second point what a declaration of Naughty is. Let's turn to the third point which has to do with the current situation regarding a nominates in America. We'll read some tribunals, statistics from the Canon Law Society of America. Now listen carefully please. In 2011 Los Angeles tribunal total formal decisions, in other words is by ordinary process that required a trial. We're not talking about documentary ones, total former decisions, 530% of percentage of total decisions found contrary to Noah t 0% or we'll walk back through that again to make sure every vendor understands exactly what I just read. In 2011 the La Tribunal rendered 530 decisions regarding the validity of marriage contracts and the ordinary process. The percentage of those total decisions, the percentage of this 530 decisions which were found contrary to novelty with 0% we were giving a percentage of those, a contract and all the, this is the same as saying the percentage of cases in which the marriage was valid. Speaker 1 10:43 In other words, 100% of the 530 decisions. The La Tribunal in 2011 resulted in a declaration of nullity, not one of the cases, not even one was seen as resulting in a valid marriage. Okay, so that's, let's keep going. 2000 and the Cleveland Tribunal total form of decisions, 277% of total decisions found contrary and lt 0% in 2011 the Pittsburgh Tribune total form decisions, 216% of the total decisions found contrary. No novelty, 0% I would have to read a list of 42 diocesan tribunals before the percentage climb from 0% to whopping 1%. In other words, in 2011 in 42 diocese, 100% of the cases tried were found to be, no. I think you get the idea. There's 10 pages of these statistics here, 10 pages, 10 pages, so what's the message here? Diocese like these that seems to be you show up with divorce and we'll give you an ailment. Speaker 0 11:56 Okay? Speaker 1 11:57 Instead of calling these tribunals, more accurate term might be a normal males. Speaker 0 12:02 <inaudible>. Speaker 1 12:04 When I think about this, I just can't get the first secret out of my mind before you leave this point, let me read data from the last three Tibor units listed in these 10 pages. Listen carefully. 2011 the St Paul Minneapolis Tribune, 12 form decisions, 151 percentage of total decisions found Kartra in Aldi, 30% 2011 the Colorado Springs Tribunals teleform decisions, 35% of total decisions, Font Kateri, novelty, 31% 2000 Fort Wayne, South Bend Tribune, total farmer decisions, 63% of the total decisions if found contrary to novelty, 33% so two possibilities come to mind. Either the people get married and live in Saint Paul and Minneapolis or Colorado Springs or Fort Wayne and south bend are significantly different than all other Americans. Speaker 0 12:55 Where else Speaker 1 12:57 the tribunals are significantly different. Speaker 0 12:59 No, Speaker 1 13:01 I don't think you need me to point out which one is more like, but let's not forget. How could we possibly forget that American tribunals require actual require a civil divorce? I have literally no idea how this can be reconciled with the clear teaching. The church is very great matters. Saint John Paul two and I quote, pastoral activity must support and promote indissolubility. One cannot give into the divorce mentality. Close quote the vicar of Christ. Since the nominees are not even considered without a civil divorce, it's obvious to the prospect of an easier, it could easily encourage couples in a rocky marriage to break up. It's easy to see how this could also attempt someone to think, hey, if there's so many invalid marriages, maybe my marriage wasn't validated there. And to the degree that that sort of impression, because more and more widespread in the general Catholic found it population for that very degree, the stability and security of everybody's marriage, the stress, because just shaking the foundations there, that's ref flag on a few more statistics near 2,740 nations and territories around the world. There not a single declaration of naughty for reasons that the fact of consent and that same year 37 other nations around the world granted between one and a dozen declarations of novelty on the effect of consent grounds. But here in the United States of America of the almost 28,000 declarations of novelty grant in 2007 by the ordinary process, 99.6% were granted for reasons of defect of consent. Speaker 1 14:46 It is study of a full decade of decisions reviewed by the sacred Rollman Rhoda. At least 92% America to American defective consent cases were overturned. Okay, so properly understood. What exactly does defective consent mean? Remember we have to consent to make the contract. Now remember for invalidity, we're only talking about defect of consent at the moment of making the contract because that's the only thing on a normal pertains to a decoration. Lt Pertains to what happened right there. When they change us, that's it. If the Wozniak valley safe, no contracts, that's all. That's why I have to go to wedding. Booz chapel can't happen. They have to be there and what has happened. So what's the effect of consent? Saint John Paul two explained that the only incapacity in giving consent and validates a marriage and all of the most severe forms of mental illness substantially impair the freedom of the individual benedict the 16th elaborate on this by explaining that in order for that incapacity to be established before the marriage tribunal, a specific serious mental illness which seriously impairs the use of region or the will had to be present before the attempted marriage. Okay, so we're talking severe mental illness properly understood that it defective consent refers to someone who's out of his mind, literally not in his right mind at the moment of exchanging boss because of a preexisting condition. This would also include, by the way, someone who's extremely drunk or high at drugs. When they come up, they're okay at the moment of exchanging vows. Speaker 1 16:22 Yeah. Here in the U S in 2007 of the almost 28,000 declarations of naughty found by the ordinary process, 99 per six 99.6% were for defective consent. One of the most amazing applications of these statistics is it somehow these serious psychological incapacities, which allegedly severely impaired the use of reason on the part of one or both partners, we're completely invisible to the very people responsible for God and man to make sure the contracts valley and into the priest is enough up there for nothing and neither are the two witnesses. So they're there to make sure this contract is seriously and soberly made the priest, the witnesses, and yet years and even decades later, our American tribunals can somehow hone in and detect these previously unknown and in fact, invisible psychological states. It's just spectacular. Speaker 1 17:25 These defective consent cases raise even more serious questions. Let's suppose these reasons are true. We'll just consider the man if they're actually being such an immense pool of men who are apparently unable to contract marriage because for some reason they can't validly give consent to such a contract. Since we priest are drawn from exactly the same pool of man is all the grooms, then it would only be logical to conclude that there would be a correspondingly immense number of priests here in the United States for though they went through the right of ordination, nonetheless were unable for some reason to give consent to actually be an ordained. Speaker 1 18:10 But if that were true since an invalidly ordained man does not become a priest then except for the baptism see performs, you won't be able to confect any of the other sacraments. You won't be able to say mass cause he wouldn't really be a priest. He wouldn't be able to dissolve sin. Since he wouldn't really be a priest who wouldn't be able to give the last rights since he wouldn't really be a priest. In fact, the sacraments would suddenly vanish virtually everywhere throughout our fare land and yet worst yet, there'd be no way for any of us to tell, but it's just not possible. God didn't make things that hard. We knew what we were doing, we got our gain, and most of these men knew what they were doing and they got married. Speaker 1 18:56 There are other consequences of this sort of rubber stamping by tribunals. Again, there's no delicate way to put any of this. When Tribiano spew out crazy naughty for 100% of the cases put forward, that's a screaming justice for everyone. But it makes it very difficult for couples with even the most solid cases to have that piece of soul and knowing that their situation has been dealt with, with the kind of seriousness and rigor that it needs to be the kind of tension that they need. Percent delicate and painful matter. There are real anomalies, but they get lost in this ocean when you spit out 100% so that's the third point. Fourth Point. Let's briefly consider a few of the changes that will come in fact in December, but take a quick look at Minnesota x. That's the document Pope Francis issued on uh, September 8th first. As bad as it is now, it's still mandatory for second tribunal to review the decisions. But starting in December, that will no longer be a requirement. Does it take a genius to guess what that might mean? In fact, right here in the good old USA, we had a lengthy period of time starting in 1971 in which the mandatory review of anomic cases by Second Tribunal was eliminated and Cardinal Burke notes that during that time, out of the hundreds of thousands of petitions received, not one was denied Speaker 0 20:22 <inaudible> Speaker 1 20:25 and now this catastrophic system will be in fact not simply the u s but in every lot and diocese or the entire world Speaker 0 20:31 <inaudible> Speaker 1 20:35 it gets better starting December we'll have fast track and almonds. Let's talk about that for a minute. We'll rely largely on the analysis of a Canon lawyer. I will actually have profound differences with regarding his attitude and but nonetheless cool quote, fattest will authorize dossin bishops to hear and decide personally very expeditiously. You're roughly one 10th the time presently needed certain types of marriage penalty petitions. The pup lists 10 or 12 factors that enable and all that petition to which the parties agree to be heard in a fast track process. These factors are simply examples of things enabling an Omac case to be heard quickly. Now, here are a few listed by the pope, brevity of marriage life. In other words, the marriage broke up quickly. Abortion procured to prevent procreation. Improper, proper can see them at a sterility or serious contagious disease could see them on a children from a previous relationship. Concealment of incarceration, unplanned pregnancy, the woman lack of reason proved by medical documentation, et cetera. Speaker 1 21:39 It's one commentator notes quote, among the circumstances that are open wide, the possibility of a super fast divorce is a brevity of married life, but the fact the couple were married because a woman's <inaudible> pregnancy. What does that have to do with consent? I think that's a great question. What does that have to do with consent? If you consent to the contract, the marriage comes into being this unbelievable list actually ends with an etc. Does it mean that one can expand this at will? What kind of law is this? It will be the weaker parties. The women had children who will pay the price for this revolution, destabilize the family, which is already under heavy attack from the secular world. Close quote, the Canon lawyer has some more important points. Quote. The most confusing thing about this list is that some of these factors are actually grounds for novelty. Speaker 1 22:29 Others, however, I'm most emphatically not grounds for the nomen for example, brevity of married life. Trying to explain to non cantonists why one thing that pope listed, c lack of use of reason is grounds for an annulment. But another thing you listed say pregnancy is not grounds for noma. Close quote, everybody should let that sink in. Some of the things on the list for the fast track and moments are grounds for Norman, but some are not. And as his Canon lawyer quite rightly points out, try explain to the average Catholic why some of the things the pope listed had grounds for fast track and almonds aren't grounds for any sort of enjoyment at all. It puts priests like me, priests, they're trying to be faithful teaching <inaudible> Christ himself at odds with what the document that Pope's issued cause I am at odds with it. Who's going to believe guys like me? My marriage broke up quickly. The public says is grounds for nominates father right here in the doc. I say it's not grounds for Noah. He says it is. People don't know a nomad has to do with the contract. Speaker 0 23:38 <inaudible> Speaker 1 23:42 the Canon lawyer has more to say. Now listen to this quote, worse, many married couples have experienced one or more of these events in their lives. Unfortunately, this is already started. People enter these factors. Their lives are gonna Wander logically and sincerely. Whether they're marriage may be no. They will worry, for example, whether the fact that she was pregnant at the time of the wedding means that their marriage is no. If not, what does it mean in a normal case can be heard more quickly or if he is not very active in the faith when they married, did he just pretend simulate his wedding promises? Many of these cases are highly dependent on fact analysis. That is to say what does the improper concealment of infertility, what conscious incarceration and so one must ask horses cases reliably to be investigated, considered it and decided by a bishop, a man with about a hundred a things to do at any given time in a matter of a few weeks. Close quote, hard set cases to be reliably investigated, considered decided by a bishop in a matter of a few weeks. Speaker 0 24:37 Hmm. Speaker 1 24:38 How are they to be reliably Speaker 0 24:40 investigated, considered and decided by a bishop in a matter of a few weeks? It's easy to answer. For the most part, they won't be okay. Speaker 1 24:52 Sure. There'll be exceptions here and there, but you don't need me to tell you. Speaker 0 24:55 For the most part, they won't be. Speaker 1 25:01 We've already seen the majority. The tribunals here in the United States are immune gnomic mills. There's no reason to think this is going to be any different and every reason to think it's going to be far, far worse. That's not just me talking. On September eight the day of the release of medics unix. An article was published in the Zurich Toyota Romana. Now that's the Vatican daily newspaper. This is the newspaper, the Vatican City and the article was written by the president of the commission, the pulp set up to write this document and he's explaining the document thought that article is Monsignor Pinto. It explained the purpose of this reform. I quote from Italian commentator according to Monsignor Pinto quote, the invitation of Christ present in her brother. The bishop of Rome would be a bat of patsy from the restrict number of a few thousand elements to had a measurable number of unfortunates who might have a declaration of novelty Speaker 1 25:55 that Christ wanted. An immeasurable number of anomalies is completely unheard of up until now and to benedict the 16th the ecclesiastical tribunals had always been re poached by polls because they were too indulgent. In recognizing nomads with Pope Francis, everything has been overturned and they're now attacked for the opposite reason. Now large stale and omit factories are to be set up closed quilt. The Canon lawyer explains one last feature call charging any fees for noma was a constant public relations problem for the church. It seems like economics are now supposed to look free clothes. Cool. Okay, so they won't be required here. In the short, they won't be required to have a second tribunal review the decisions there will be fast track and almonds and they will be free. From a pastor point of view, I consider this the most frightening thing I have seen coming out of Rome. I hope wrong. I really hope I'm wrong. Speaker 0 26:47 Okay. Speaker 1 26:48 But I'm scared of the destructive effect of a document like this. I don't think. I think we're going to see a global flood. Speaker 0 26:57 The title Speaker 1 27:00 so called the omens, millions and millions. This can't get the first secret out of my mind. We closed with a thought from Italian commentator. Situ would see at the FATTOM of visionary one day said Carnal Cafaro called father. There'll be come a time when Satan's decisive battle with Christ's will be over marriage and a family close. Call that sisterly. See you father. That will come a time when Satan's decisive battle with Christ will be over marriage in the family. Speaker 0 27:35 This is it. This is it.

Other Episodes

Episode

August 14, 2016 00:38:26
Episode Cover

Healing

Share this:Click to share on Telegram (Opens in new window)Click to share on Pinterest (Opens in new window)Click to share on Facebook (Opens in...

Listen

Episode

February 23, 2018 00:06:31
Episode Cover

St. Peter Damian

Share this:Click to share on Telegram (Opens in new window)Click to share on Pinterest (Opens in new window)Click to share on Facebook (Opens in...

Listen

Episode

October 25, 2016 00:28:32
Episode Cover

The Temptation in the desert

Share this:Click to share on Telegram (Opens in new window)Click to share on Pinterest (Opens in new window)Click to share on Facebook (Opens in...

Listen