Folia Theologica et Canonica 4. 26/18 (2015)
IUS CANONICUM - Szabolcs Anzelm Szuromi, O.Praem., The effect of Pope Benedict XIV’ s canonical works on the ecclesiastical process law
200 SZABOLCS ANZELM SZUROMI, O.PRAEM. Bishop of Rome to promulgate this reform to all bishops who share in his eccle- sial duty of safeguarding the unity of the faith and teaching regarding marriage, the source and center of the Christian family (...) We have done this following in the footsteps of our predecessors who wished cases of nullity to be handled in a judicial rather than an administrative way, not because the nature of the matter demands it. but rather due to the unparalleled need to safeguard the truth of the sacred bond (...)” as it is expressed by Pope Francis in his apostolic letter Mit is Index.1' In order to understand the relationship between the regulation of 1741 and 2015 we must compare the intention of legislators. Pope Benedict XIV - in the middle of the 18'h century - liked to arrange the entire ecclesiastical process law - with particular attention to the marriage cases - as clear, calculable, transparent, logical as possible, based on crystallized tradition of the former sources (i.e. Corpus iuris canonici) and keeping in mind the enforcing of justice - which is always together with mercy in the canonical system71 72 - and the moral certainty of the judge, in particular during the matrimonial process. This intention had concluded into the mandatory two concordant sentences on different tribunal' instances, regarding the same matrimonial nullity case. Pope Francis’ intention - as compared with the goal of Pope Benedict XIV’s concept - as we could read in the above cited text - was primarily different but not opposite to Pope Benedict XIVs idea: i.e. abbreviation and simplification of the matrimonial nullity processes, trying to secure the justice and the moral certainty during the process. This intention appeared recognizable in that preparatory work which was done by the tribunals of the Apostolic Holy See, when they fixed their professional statement, led by Mons. Pio Vito Pinto, dean of the Rota Romana. During this preparation had been affirmed that the sentence of nullity is not only a “feeling” or "sentiment", but a responsible and deliberated statement by the Church which needs a precisely defined juridical process.73 Based on those what were said above we can emphasize that the majority of those theoretical principles which have got detailed and systematic determination by Pope Benedict XIV — not only in the matrimonial but in any segment of the ecclesiastical process law - have not changed essentially throughout the centuries. Those partial alterations which can be found in the New Code of Canon Law, in the instruction Dignitas Connubii, and finally in the apostolic letters Mills Iudex and Mit is et misericors Iesus did not intend to modify the original idea of Pope Benedict XIV’s legislation, which was a transparent service of justice in order to promote the salvation of souls. 71 Franciscus, Litt. Ap. Mitis tudex (8 sept. 2015): Prefatio. 72 Cf. Schüller. Th., Misericordia, in Haering, S. - Schmitz, H. (ed.), Diccionario enciclopèdico de derecho canònico, 571-572. 73 Esposito, EL, La fede come requisito per la validità del matrimonio sacramentale?, in Periodica 104 (2015) 611-651, especially 612-615.
