Tuesday, May 26, 2015

Roman Rota poem (untitled)

I began writing this on 9 September 2011, took a long break, and finished it on 2 February 2015. It is a poeticization of the articles from the Apostolic Constitution Pastor Bonus that govern the Tribunal of the Roman Rota (as amended to 2011). This is my second attempt at a Roman Rota poem. The first was attempted in iambic pentameter; this one is more free form with rhyme. I hope that this is amusing, if not illuminating!

Link to the relevant canonic law: http://w2.vatican.va/content/john-paul-ii/en/apost_constitutions/documents/hf_jp-ii_apc_19880628_pastor-bonus-roman-curia.html#TRIBUNALS (Art. 126 et seq.)

 
The Roman Rota is a court
   of higher instance at the fork
of every road that leads to Rome
   or to Saint Peter’s and its dome.

It hears appeals and safeguards rights.
   It helps the courts of lower heights
by virtue of its sentences.
   It fosters law consensuses.

Judges of this Rotal court
   form a college of the sort
over which presides a Dean
   chosen by the Pope Supreme

for established term of office.
   From among juristic pop’lace
Appointees of the pope are priests
   Proved in doctrine, expertise.

In second instance, the Rota deals

   with cases brought it by appeals
from the lower courts which were
   wholly unwilling to confer
a judgement which would appease
   both parties own selfish needs.

The court adjudicates in first instance
   contentious bishops, unless there’s inference
that the bishop represents
   a legal person with intents
to settle a question of earthly goods
   or rights and duties, misunderstood.

The Rota hears the cases of
   abbots primate and those above
monastic orders, and moderators supreme
   of religious institutes of papal regime. [1]

Its j’risdiction extends also[2]
   To the persons subject to no
Boss below the pontifex,
   These in real and fiction sense;

To these, further cases which
   Sovereign Pontiff deigns commit.

All the types of cases mentioned,
   In the second and extended
Instances are processed by
   Roman Rota, Rotal Eye.

This oldest court of Western law
   Is governed by its own,
A law of special application,
   Made by Pope of Rome.


[1] I realize a pontifical institute of papal regime is not the same as pontifical institute of papal right. "Esteem" changed to "regime" 23 February 2019, 3:55pm.
[2] Conjoined 5-26-2015, 11:50pm

DEFENSE OF THE SOVEREIGN PERSONALITY OF THE HOLY SEE

This juridico-philosophical argument is a response to the juridical argument against the sovereignty of the Holy See and for its status as an “instrumentality” of the State of Vatican City, both objectively and specifically for the purpose of civil suits in American courts against the Holy See in matters of clerical sexual abuse.
1.     The State of Vatican City (SCV) was created by a bilateral treaty (Lateran Pacts) between the Kingdom of Italy and the Holy See, both acting as sovereign entities. Therefore, the Holy See is juridically prior to the SCV as a sovereign entity with concurrent sovereign personality equivalent to states under international law and by that fact constitutes it as a sui generis sovereign state.
2.     Therefore the Holy See cannot be an instrumentality of the SCV, since an instrument which is created by a given entity cannot be temporally prior to such entity, for the created cannot have existed before the creator.
3.     But the Holy See existed before the creation of the SCV and existed independent of it until 1929.
4.     Therefore the SCV was created as an instrumentality of the Holy See, in order to protect the sovereign personality of the Holy See, in absolute independence of the Pope, and the salvific mission of the Catholic Church against temporal sovereigns.
5.     Therefore suits against the Holy See as instrumentality of the SCV are absurd and should not be allowed.
6.     It also follows that the Holy See is the only sovereign personality of “The Vatican” entity, and the SCV is an instrumentality to ensure the temporal sovereignty of the Holy See (historical evidence of this being the “States of the Church” themselves were created in the 700s as a protection for the Church and the Papacy against temporal sovereigns; this has always been the function of the terratoriality of the Holy See and was the reason why the Roman Question had to be resolved with a grant of sovereign terratoriality).
 
Written 16 August 2013, 7:24 am.
This argument is written in response to the argument set forth by James Fantau in Rethinking the Soverign Status of the Holy See: Towards a Greater Equality of States and Greater Protection of Citizens in United States Courts, 19 Card. J. Int'l & Comp. L. 487 (2011).