INTRODUCTION
Mother of the
Saints,
the Church has
always preserved their memory by proposing to the
faithful examples of holiness in the sequela Christi.
In centuries past the Roman Pontiffs saw to the
promulgation of adequate norms to aid in reaching the
truth in so important a matter for the Church. In our
own times, the Supreme Pontiff John Paul II promulgated
the Apostolic Constitution, Divinus perfectionis
Magister, on 25 January 1983. In it he established,
among other things, the procedure for diocesan or
eparchial Inquiries to be conducted by the Bishops with
a view toward the beatification and canonization of
Servants of God.
In the same
Apostolic Constitution, the Supreme Pontiff granted to
the Congregation for the Causes of Saints the faculty to
publish special norms for conducting such Inquiries
about the life, virtues and the reputation
of holiness and of intercessory power, or about the
life, martyrdom and the reputation of martyrdom and of
intercessory power of Servants of God, and about alleged
miracles attributed to the intercession of the Blessed
and of Servants of God and, in some cases, about the
ancient cult of a Servant of God.
He also abrogated the dispositions
promulgated by his Predecessors and the norms
established by the canons of the Code of Canon Law
of 1917 in causes of beatification and
canonization.
On 7 February
1983, the same Supreme Pontiff approved the Normae
servandae in Inquisitionibus ab Episcopis faciendis in
causis Sanctorum, which establish the special norms
to be observed in diocesan or eparchial Inquiries for
causes of beatification and canonization.
After the promulgation of the Apostolic Constitution and
of the Normae servandae, the Congregation, in
light of its experience, is publishing the present
Instruction
in order to facilitate a closer collaboration in the
causes of Saints between the Holy See and the Bishops.
The present Instruction intends to
clarify the dispositions of currently existing laws in
the causes of Saints, to facilitate their application
and indicate the ways of executing them both in recent
and in ancient causes. Thus, it is directed to diocesan
Bishops, to Eparchs, to those who are equivalent to them
in law, and to those who participate in the instructory
phase of the Inquiries. The Instruction deals, in
a chronological manner, with the procedural course of
diocesan or eparchial Inquiries, established by the
Normae servandae, indicating in a practical and
chronological manner, their application while
safeguarding the seriousness of the Inquiries.
First of all, it deals with the
instruction of diocesan or eparchial Inquiries that
regard the heroic virtues or martyrdom of Servants of
God. Before deciding to initiate the cause, the Bishop
will have to verify some facts that will determine his
decision. After having decided to initiate the cause, he
will begin the real and actual Inquiry by ordering the
gathering of the documentary proofs of the cause. If no
insurmountable difficulties are revealed, he will
proceed to hear witnesses and, finally, to close the
Inquiry and send the acts to the Congregation where the
Roman phase of the cause will begin, that is, the phase
of the study and definitive judgment of the cause
itself.
In regard to Inquiries about alleged
miracles, the Instruction indicates some elements
of the procedure that, in these last twenty years, have
been problematic in the application of the norms
regarding the very Inquiries about miracles.
This Congregation
wishes that the Instruction will be a valid aid
to the Bishops so that the Christian people, following
more closely the example of Christ, the Divine
Teacher of Perfection, may give testimony to the
world of the Kingdom of heaven. The Dogmatic
Constitution of the Second Ecumenical Vatican Council
Lumen Gentium teaches: “When we look at the life
of those who have faithfully followed Christ, we are
inspired with another reason to seek the city that is to
come, and at the same time we learn the safest path by
which, amid the changing realities of this world and in
keeping with the state in life and condition proper to
each of us, we will he able to arrive at perfect union
with Christ, that is, holiness”.
PART I
Causes of Beatification
and Canonization
Title
I
Preliminary Elements
Art. 1 - § 1. The present Instruction deals with
causes of beatification and canonization that are
regulated by particular pontifical law.
§
2. These causes have, as their scope, the gathering of
the proofs in order to attain moral certitude on the
heroic virtues or the martyrdom of the Servant of God
whose beatification and canonization are asked.
§
3. Particular prescriptions, as well as the procedural
norms of the Code of Canon Law and of the Code
of Canons of the Eastern Churches, which regard the
procedure for the gathering of documentary proofs and,
in particular, for the hearing of witnesses, must be
observed.
Art. 2 - In the present Instruction, the Inquiry
is equivalent to that process conducted in causes of
beatification and canonization in conformity with canon
law previously in force.
Art. 3 - In the present Instruction, the norms
are the same for diocesan Bishops and Eparchs as well as
for those who have the same powers in law according to
can. 381 § 2 CIC 1983.
Title II
Reputation of Holiness or
of Martyrdom and of Intercessory Power
Art. 4 - § 1. The cause of beatification and
canonization regards a Catholic who in life, in death
and after death has enjoyed a reputation of holiness by
living all the Christian virtues in an heroic manner; or
enjoys a reputation of martyrdom because, having
followed Christ more closely, he has sacrificed his life
in the act of martyrdom.
§
2. The Catholic whose cause of beatification and
canonization has been initiated is called
Servant of God.
Art. 5 - § 1. The reputation of holiness is the opinion
that has spread among the faithful about the purity and
integrity of life of the Servant of God and about the
virtues practiced by him to an heroic degree.
§
2. The reputation of martyrdom is the opinion that has
spread among the faithful about the death endured by the
Servant of God for the Faith or for a virtue connected
to the Faith.
Art. 6 - The reputation of intercessory power is the
opinion that has spead among the faithful about the
graces and favors received from God through the
intercession of the Servant of God.
Art. 7 - § 1. Before deciding to initiate the cause, the
diocesan or eparchial Bishop must verify if, among a
significant portion of the people of God, the Servant of
God enjoys an authentic and widespread reputation of
holiness or of martyrdom as well as an authentic and
widespread reputation of intercessory power.
§
2. This reputation must be spontaneous and not
artificially produced. It must be stable, continuous,
widespread among trustworthy people and existing among a
significant portion of the People of God.
Art. 8 - § 1. First of all, the postulator must collect
documentation on the reputation of holiness or of
martyrdom and on the reputation of intercessory power
and, in the name of the petitioner, present it to the
competent Bishop.
§
2. The Bishop must evaluate the documentation in order
to ascertain the existence of the reputation of holiness
or of martyrdom, and of the reputation of intercessory
power, as well as the importance of the cause for the
Church.
§
3. The documentation is to be inserted later among the
acts of the Inquiry.
Title III
Petitioner of the Cause
Art. 9 - The petitioner promotes the cause that is to be
instructed on the heroic virtues or on the martyrdom of
the Servant of God, and assumes its moral and financial
obligations.
Art. 10 - § 1. The petitioner of the cause may be the
diocesan or eparchial Bishop ex officio, juridic
persons, such as dioceses or eparchies, equivalent
structures that have jurisdiction, parishes, Institutes
of Consecrated Life or Societies of Apostolic Life, or
clerical and/or lay Associations of the faithful
recognized by ecclesiastical authority.
§
2. The petitioner of the cause may also be a physical
person, that is, any member of the People of God,
provided that he is able to guarantee the advancement of
the cause in its diocesan or eparchial and Roman phases.
Art. 11 - § 1. The juridic or physical person
establishes itself as the petitioner of the cause by
means of a notarized document.
§
2. The Bishop is to accept this act after having
verified the ability of the juridic or physical person
to assume the obligations inherent to the role of
petitioner.
Title IV
Postulator of the Cause
Art. 12 - § 1. By means of a mandate written according
to the norm of law, the petitioner nominates a
procurator, or postulator, for the diocesan or eparchial
phase of the cause.
§
2. In the name of the same petitioner the postulator
follows the course of the Inquiry with diocesan or
eparchial authorities.
§
3. The office of postulator can be filled by a priest, a
member of an Institute of Consecrated Life, of a Society
of Apostolic Life, or of a clerical and/or lay
Association, or by a layman or a laywoman.
§
4. The postulator must be an expert in theology, canon
law and history, as well as in the praxis of the
Congregation for the Causes of Saints.
Art. 13 - § 1. The diocesan or eparchial postulator,
duly nominated by the petitioner, must be approved by
the competent Bishop.
§
2. The mandate of nomination of the postulator and/or
vice-postulator is to be inserted into the acts of the
Inquiry.
Art. 14 - § 1. The diocesan or eparchial postulator may
be substituted by others who are called
vice-postulators.
§
2. The vice-postulator is nominated by the postulator
himself, by means of a mandate written according to the
norm of law, after he has first obtained the consent of
the petitioner.
Art. 15 - § 1. During the instruction of the Inquiry,
the diocesan or eparchial postulator or vice-postulator
is to reside in the diocese or eparchy in which the
Inquiry is being instructed.
§
2. In the Roman phase of the cause, the postulator, duly
nominated by the petitioner with a new mandate written
according to the norm of law, must be approved by the
Congregation and must stably reside in Rome.
§
3. If the postulator of the diocesan or eparchial phase
of the cause is the postulator general of an Institute
of Consecrated Life, of a Society of Apostolic Life or
of a clerical and/or lay Association to which the
Servant of God belonged, the postulator maintains his
office even in the Roman phase without a new mandate.
Art. 16 - The postulator of the Roman phase of the cause
may not appoint a vice-postulator as his substitute to
deal with the Congregation.
Art. 17 - § 1. First and foremost the postulator is to
conduct research into the life of the Servant of God,
which is useful for knowing the reputation of holiness
or of martyrdom, the reputation of intercessory power
and of the importance of the cause for the Church.
§
2. The postulator is to inform the competent Bishop of
the result of his research. He is to take care not to
hide eventual discoveries contrary to the reputation of
holiness or of martyrdom and to the reputation of
intercessory power enjoyed by the Servant of God.
§
3. The postulator is obliged to act for the greater good
of the Church and, therefore, to seek the truth
conscientiously and honestly. He is to indicate eventual
difficulties so as to avoid also the necessity of
further investigations that will delay the progress of
the cause.
Art. 18 - The postulator is to administrate the funds
offered for the cause according to the norms issued by
the Congregation.
Art. 19 - § 1. The postulator must hand over to the
experts in historical matters and in matters that
pertain to archives all the documents of the cause that
may be in his possession.
§
2. The postulator may not gather in a juridical manner
either the documentary proofs or the eventual oral
depositions of witnesses in the cause.
§
3. The task of gathering the proofs, according to the
norm of law, belongs only to the diocesan or eparchial
Bishop and to those who will be duly nominated for this
task according to what is established by the
Normae servandae.
Title V
Competent Bishop
Art. 20 - It is the right of diocesan Bishops, Eparchs
and those who are equivalent to them in law, to
investigate, within the limits of their own
jurisdiction, the life, virtues or martyrdom, and
reputation of holiness or of martyrdom, alleged miracles
and, if it be the case, the ancient cult of a Servant of
God, whose beatification and canonization are asked.
Art. 21 - § 1. The Bishop competent to instruct the
diocesan or eparchial Inquiry into heroic virtues or
martyrdom is the one in whose territory the Servant of
God died.
§
2. The Bishop competent to instruct the diocesan or
eparchial Inquiry into an alleged miracle is the one in
whose territory the alleged miracle occurred.
Art. 22 - § 1. Upon the request of the Bishop who
intends to initiate the cause, the Congregation can
transfer competence to another ecclesiastical forum,
that is, to another diocese or eparchy, for particular
reasons (e.g., where the more important proofs are
located or where the Servant of God spent the greater
part of his life).
§
2. The requesting Bishop must obtain the written consent
of the competent Bishop.
§
3. In the cause of a group of martyrs, it will be
necessary to obtain the written consent of all the
Bishops of the dioceses or eparchies where the Servants
of God died.
Art. 23 - § 1. After having obtained such consent, the
Bishop mentioned in Art. 22 § 1 of the present
Instruction must send his written request to the
Congregation whose competence it is to recognize the
particular circumstances of the case.
§
2. In the request he is to explain the reasons for the
transfer of competence and, at the same time, attach a
photocopy of the written consent of the competent
Bishop.
Art. 24 - § 1. Once the particular circumstances of the
case have been verified, the Congregation will grant the
transfer of competence of forum by means of a rescript
which is to be inserted into the acts of the First
Session of the Inquiry.
§
2. The requesting Bishop is to begin the diocesan or
eparchial Inquiry only after he has received the
rescript of the Congregation.
PART II
Preliminary Phase of the
Cause
Title
I
Preliminary Elements
Art. - § 1. In recent causes the postulator is to
present to the diocesan or eparchial Bishop the Libellus
(supplex libellus), in which he requests the
initiation of the cause.
§
2. The libellus may be presented to the Bishop no sooner
than five years after the death of the Servant of God.
§
3. Before accepting the Libellus, the Bishop must verify
whether, in that period of time, an authentic reputation
of holiness or of martyrdom and of intercessory power
has developed among the People of God.
Art. 26 - § 1. If the Libellus is presented after more
than thirty years have passed since the death of the
Servant of God, the postulator must specify the reasons
which have caused such a delay.
§
2. The Bishop is to ascertain and to judge whether there
has been any fraud or deceit on the part of the
petitioner in delaying the presentation of the Libellus.
Art. 27 - § 1. The Bishop is to attest to the absence of
fraud or deceit by means of a written declaration in
which he is to clarify the particular reasons for the
delay. § 2. The declaration must be inserted into the
acts of the Inquiry.
Title II
Recent Causes and Ancient
Causes
Art. 28 - § 1. The procedure to be followed in the
instruction of the diocesan or eparchial Inquiry is
determined by the type of proofs.
§
2. A cause may be recent or ancient.
Art. 29 - § 1. A cause is recent when the virtues or
martyrdom of the Servant of God can be proven through
the oral depositions of eyewitnesses.
§
2. In a recent cause, the Inquiry will concentrate
mainly upon the hearing of witnesses, while always
keeping in mind the necessity to search for and gather
all the documentary proofs of the cause.
Art. 30 - § 1. A cause is ancient when the proofs
regarding the virtues in specie or the martyrdom
of the Servant of God can be brought to light only from
written sources as there are no eyewitnesses of the
heroicity of virtues or of the martyrdom of the Servant
of God.
§
2. In an ancient cause, the Inquiry will prevalently
regard the research of the experts in historical matters
and in matters that pertain to archives, while keeping
in mind the necessity to hear some witnesses about the
existence of the reputation of holiness or of martyrdom
and of intercessory power and, if it be the case, about
cult given to the Servant of God, in more recent times.
Title III
Causes on Heroic Virtues
or on Martyrdom
Art. 31 - § 1. If one intends to prove the heroicity of
the virtues of the Servant of God, the Inquiry must be
instructed “on the life, the
heroic virtues and the reputation of holiness and of
intercessory power”.
§
2. If one intends to prove the martyrdom of the Servant
of God, the Inquiry must he instructed “on the life,
the martyrdom and the reputation of martyrdom and of
intercessory power”.
Art. 32 - § 1. One Inquiry may be instructed on a number
of Servants of God only in the case of the alleged
martyrdom of Servants of God who have been killed during
the same persecution and in the same place.
§
2. In such causes, one Servant of God must be chosen as
the head of the group and the other individuals listed
as companions and alleged martyrs.
§
3. If possible, the Bishop is to include in one group
men and women Servants of God who represent the various
states of life in the Church.
Art. 33 - § 1. In the case of a so called ancient
Blessed, that is, of a Servant of God who is the
object of cult from time immemorial according to the
Decrees of Urban VIII, when seeking the confirmation of
that cult the Bishop is to proceed according to the
Normae servandae which are established for ancient
causes.
§
2. The postulator is to present to the Bishop the
Libellus together with the documentation requested for
ancient causes.
Art. 34 - If the decree of confirmation of cult of an
ancient Blessed has been published, as has happened
in the past, without the previous demonstration of
heroic virtues or martyrdom, in view to the canonization
of the ancient Blessed, the Bishop is to proceed
to the instruction of the Inquiry into the life and
heroic virtues or martyrdom by following the procedure
established by the Normae servandae for ancient
causes.
Art. 35 - Once the decree on the confirmation of cult
and on the heroic virtues or martyrdom of the Blessed
has been promulgated, the ancient Blessed may
proceed to canonization by means of the approval of one
miracle that took place after the confirmation of cult.
Title IV
Libellus
Art. 36 - § 1. The Libellus is the written request with
which the postulator, in the name of the petitioner,
officially asks the competent Bishop to initiate the
cause on the virtues or the martyrdom of the Servant of
God.
§
2. Since the Inquiry into alleged miracles is instructed
separately from that on the virtues or the martyrdom of
the Servant of God, the Libellus that requests the
beginning of the Inquiry must be presented separately
from that for the virtues of the Servant of God.
§
3. This request must indicate, at least in a summary
fashion, on what facts and proofs the petitioner bases
himself in order to demonstrate what he is affirming.
The petitioner and the postulator must sign it, and
indicate the date and place where they reside.
Art. 37 - Attached to the written request on the virtues
or the martyrdom, the postulator is to present to the
diocesan or eparchial Bishop:
1° in both recent and ancient causes,
a biography of a certain historical value on the
Servant of God, or otherwise an accurate
chronological report on the life and activities of
the Servant of God, on his virtues or martyrdom, on
the reputation of holiness or of martyrdom and on
the reputation of intercessory power, without
omitting that which seems to be contrary or less
favorable to the cause itself;
2° an
authentic copy of all the published writings of the
Servant of God;
3° finally, a list of eventual
witnesses, that is:
a. in recent causes: a
list of the persons who can contribute to
ascertaining the truth on the virtues or the
martyrdom of the Servant of God, as well as on
the reputation of holiness or of martyrdom, and
on the reputation of intercessory power, not
omitting those who could call such a reputation
into question;
b. in ancient causes: a
list of some witnesses who can testify about the
reputation of holiness or of martyrdom and of
intercessory power existing until the present
among a significant portion of the People of
God.
Art. 38 - § 1. Attached to the written request for the
instruction of the Inquiry on an alleged miracle, the
postulator must present to the diocesan or eparchial
Bishop:
1° a brief and accurate report on the
particular circumstances of the case;
2° a list of witnesses;
3° all the documents relative to the
case.
§
2. In the case of allegedly miraculous healings, medical
and clinical documents as well as test results are
necessary (e.g., clinical records, medical records,
laboratory exams and analyses).
Art. 39 - The written request of the postulator and the
attached documentation, which are mentioned in Artt. 37
and 38 of the present Instruction, are to be
inserted into the acts of the First or Opening Session
of the Inquiry.
Title V
Acceptance of the
Libellus
Art. 40 - § 1. Although Art. 45 § 1 of the present
Instruction maintains its full force, the diocesan
or eparchial Bishop may accept the written request for
the initiation of the cause after having evaluated the
existence of an authentic and widespread reputation of
holiness or martyrdom and of intercessory power.
§
2. If, for just reasons, the Bishop should decide not to
accept the written request, he must communicate his
decision to the postulator by means of a decree in which
he is to explain his reasons for it.
Title VI
Consultation with Other
Bishops
Art. 41 - § 1. Once he has accepted the written request,
the Bishop must seek the opinion of at least the
regional conference of Bishops as to whether it is
advisable to initiate the cause.
§
2. In the case of Eastern Churches, the Bishop must seek
the opinion of the Synod of Bishops of Churches who are
headed by a Patriarch or a Major Archbishop, or else of
the Council of Hierarchs of Metropolitan Churches sui
iuris as to whether it is advisable to initiate the
cause.
Art. 42 - § 1. In order better to express collegiality
this opinion is to be sought during a meeting of the
same Bishops.
§
2. The result of the meeting is to be communicated in
writing to the Bishop, who sought the opinion,
preferably by the President of the Conference of
Bishops, by the Patriarch, by the Major Archbishop or by
the Metropolitan of Metropolitan Churches sui iuris,
and signed also by the Secretary of the respective
Conference, Synod or Council.
§
3. This document is to be inserted into the acts of the
Inquiry.
Title VII
Publication of the
Libellus
Art. 43 - § 1. The Bishop must make public the petition
of the postulator to initiate the cause in his own
diocese or eparchy by means of an edict that is to be
affixed to the Cathedral Church or published in the
diocesan newspaper.
§
2. If he thinks it advisable, he is to make it public in
other dioceses or eparchies as well, with the consent of
the respective Bishops.
§
3. In the edict he must invite all the faithful to bring
to his attention any useful information regarding the
cause.
§
4. The edict is to be inserted into the acts of the
Inquiry.
Art. 44 - § 1. If some obstacle of significant
importance against the cause emerges from the
information he has received, the Bishop must notify the
postulator so that he can perhaps remove it.
§
2. In the case in which the obstacle has not been
removed and the Bishop decides that the cause cannot
proceed, he must communicate this to the postulator by
means of a decree in which he is to give the reasons for
his decision.
Title VIII
“Nihil Obstat” of the Holy See
Art. 45 - § 1. Although Art. 40 § 1 of the present
Instruction maintains its full force, the diocesan
or eparchial Bishop, before accepting the written
request of the postulator to initiate the cause, would
be well advised to ask the Congregation for the Causes
of Saints whether there is, on the part of the Holy See,
any obstacle to the cause.
§
2. The Bishop is to send to the Congregation his request
for the “nihil obstat” together with a short
report in which he illustrates the biographical data of
the Servant of God (date, place and diocese of birth and
of death, activity in the Church, etc.) and the
importance of the cause for the Church.
Art. 46 - The Congregation will send the answer to the
Bishop in a letter which is to be included in the acts
of the cause.
PART III
Instruction of the Cause
Title I
Officials of the Inquiry
in General
Art. 47 - § 1. The Bishop and all those who take part in
the Inquiry must see to it with the greatest diligence
and commitment that, in gathering all the proofs,
nothing is omitted which in any way regards the cause.
The positive outcome of the cause, in fact, depends to a
great extent, on its good instruction.
§
2. The Officials of the Inquiry are: the Episcopal
Delegate, the Promotor of Justice, the Notary and, in
the case of the Inquiry into an allegedly miraculous
healing, the Medical Expert or, in that of the Inquiry
into an alleged miracle of another nature, the Technical
Expert.
Art. 48 - § 1. By means of a decree the Bishop must
nominate all the Officials for each and every Inquiry.
§
2. The decrees of nomination are to be co-signed by the
Chancellor of the diocese or eparchy in order to
guarantee their juridic validity.
§
3. The decrees, then, must be inserted into the acts of
the First or Opening Session of the Inquiry.
Art. 49 - No Official may carry out more than one office
in the same Inquiry.
Art. 50 - § 1. When the Inquiry regards a Servant of God
belonging to an Institute of Consecrated Life, to a
Society of Apostolic Life or to a clerical and/or lay
Association of the faithful, the Bishop must not entrust
an office to those who belong to the same Institute,
Society or Association.
§
2. If necessary, the Bishop may nominate as an expert in
historical matters or in matters pertaining to archives
someone belonging to the same Institute, Society or
Association as the Servant of God.
Art. 51 - § 1. The diocesan or eparchial Bishop, all
those who have been nominated for an office, and the
postulator or, if it be the case, the vice-postulator,
must swear an oath to fulfill faithfully their task and
to maintain the secret of office.
§
2. This oath is to be taken during the First or Opening
Session of the Inquiry.
§
3. All are to sign their names at the bottom of the
relative formula of the oath that is to be inserted into
the acts of the First Session itself.
Art. 52 - When the Inquiry is concluded with the Last or
Closing Session, all those who have taken part in the
Inquiry lose their office, including the diocesan or
eparchial postulator and vice-postulator.
Title II
Officials of the Inquiry
in Particular
Chapter I
Episcopal Delegate
Art. 53 - The Bishop can instruct the cause of
beatification and canonization either directly or
through his Delegate.
Art. 54 - The Episcopal Delegate must be a priest
competent in theology, canon law and, in the case of
ancient causes, also in historical matters.
Art. 55 - Only one Episcopal Delegate is to be nominated
for each cause.
Chapter II
Promotor of Justice
Art. 56 - § 1. The Promotor of Justice must be vigilant
so that everything prescribed by law is faithfully
observed in instructing the cause.
§
2. He must also see to it that all the acts and
documents relative to the object of the Inquiry have
been gathered in a thorough manner.
§
3. The Promotor of Justice, therefore, must collaborate
with the Episcopal Delegate in an active and methodical
manner.
Art. 57 - The Promotor of Justice must be a priest
competent in theology, canon law and, in the case of
ancient causes, also in historical matters.
Art. 58 - Only one Promotor of Justice is to be
nominated for each cause.
Chapter III
Notary
Art. 59 - § 1. The Notary is to transcribe the
declarations of the witnesses and draw up the acts of
the Inquiry according to the instructions of the
Episcopal Delegate.
§
2. If necessary, the Bishop is to nominate Adjunct
Notaries.
§
3. Any Catholic may carry out this office.
Chapter IV
Medical Expert
Art. 60 - § 1. In the Inquiry on an allegedly miraculous
healing, the Bishop must nominate a Medical Expert.
§
2. In the Inquiry on an allegedly miraculous fact of
another nature, the Bishop must nominate a Technical
Expert.
§
3. After he has sworn to fulfill faithfully his task and
to maintain the secret of office, the Expert is to help
the Promotor of Justice in preparing the Interrogatories
for the witnesses.
§
4. The Expert must participate in the Sessions that are
held for hearing the witnesses, in order to ask, through
the Episcopal Delegate, for clarifications in the area
of his competency, according to necessity and
circumstances.
Title III
Place of the Sessions
Art. 61 - § 1. The Sessions are to be held in a fixed
place of the diocesan or eparchial Tribunal, or in
another suitable place.
§
2. The Sessions must not be conducted in a house of the
Institute of Consecrated Life, of the Society of
Apostolic Life or of the Association to which the
Servant of God belonged.
PART
IV
Gathering of Documentary
Proofs
Title I
Theological Censors
Art. 62 - § 1. By means of distinct decrees the Bishop
must nominate at least two Theological Censors who are
to examine the published writings of the Servant of God
that were handed over to him by the postulator of the
cause.
§
2. Published writings of the Servant of God are any of
his works printed either by the Servant of God himself
or by others.
§
3. If the quantity of the published writings demands it,
they can be subdivided among various Censors provided
that each writing is examined by at least two Censors.
Art. 63 - § 1. The names of the Theological Censors must
remain secret.
§
2. The Theological Censors must separately swear an oath
before the Bishop and in the presence of the Chancellor
to fulfill faithfully their task and to maintain the
secret of office.
§
3. The oaths are to be written down and, together with
the decrees of nomination, inserted into the acts of the
Inquiry.
Art. 64 - § 1. The Theological Censors must examine the
published writings of the Servant of God and verify that
there is nothing contained in them contrary to Faith and
good morals.
§
2. It is advisable that the Theological Censors also
examine the unpublished writings of the Servant of God
and express their opinion on the absence of elements
contrary to Faith and good morals.
§
3. In their opinions the Theological Censors are also to
delineate the personality and spirituality of the
Servant of God.
Art. 65 - § 1. Each Theological Censor must express his
opinion separately and in writing.
§
2. When he hands over his own opinion to the Bishop,
each Censor must swear an oath to have fulfilled
faithfully his office.
§
3. The oath is to be transcribed and inserted into the
acts of the Inquiry.
Art. 66 - According to general practice in the causes of
Saints, the Theological Censors are not called to
testify regarding their opinions.
Art. 67 - The Bishop is to insert into the acts of the
First Session of the Inquiry the written opinions of the
Theological Censors or else a declaration regarding the
eventual inexistence of any published writings of the
Servant of God.
Title II
Experts in Historical
Matters and in Matters that pertain to Archives
(“Historical Commission”)
Chapter I
Experts
Art. 68 - § 1. In all causes, both recent and ancient,
the Bishop must nominate, by decree, at least three
experts in historical matters and in matters that
pertain to archives, who make up the so-called
Historical Commission.
§
2. The task of the experts is to search out and gather
all the writings of the Servant of God, those not yet
published, as well as each and every historical
document, either handwritten or printed, which in any
way regard the cause.
§
3. Whereas proofs are gathered formally by means of a
canonical process, the office of expert may not be
conferred either on the postulator, the vice-postulator
or their collaborators.
Art. 69 - § 1. The Bishop may nominate as an expert in
historical matters and in matters that pertain to
archives someone who belongs to the Institute of
Consecrated Life, to the Society of Apostolic Life or to
the clerical and/or lay Association, to which the
Servant of God belonged.
§
2. Such a nomination may be useful for consulting the
archives of the Institute, Society or Association to
which the Servant of God belonged.
Art. 70 - § 1. In the presence of the Bishop and the
Chancellor of the diocese or eparchy, the experts are to
swear to fulfill their task faithfully and to maintain
the secret of office.
§
2. The oath is to be transcribed and inserted into the
acts of the Inquiry.
§
3. The experts are to sign at the bottom of the
respective formula of the oath.
Chapter II
Searching and
Gathering of Documentary Proofs
Art. 71 - Searching for the documents is to be carried
out in the archives of all the places where the Servant
of God lived and worked.
Art. 72 - § 1. An authenticated photocopy of all the
unpublished writings and of all the documents gathered
by the experts is to be inserted into the acts of the
Inquiry.
§
2. A simple list of the writings and documents
discovered during the search is not sufficient.
Chapter III
“Report” of the
Experts
Art. 73 - § 1. After the search and collection of the
unpublished writings and documents have been concluded,
the experts must prepare one single, precise and
detailed Report, that, together with the
documentation gathered, they are to hand over to the
Bishop or his Delegate.
§
2. In the Report, the experts must:
1° indicate and testify that they
fulfilled their task faithfully;
2° present a list of the archives
consulted;
3° include a list of the writings and
documents discovered;
4° express a judgment on the
authenticity and value of the same writings and
documents;
5° express a judgment on the
personality and spirituality of the Servant of God
as they appear in the same writings and documents,
not omitting to indicate eventual negative aspects.
§
3. The experts must indicate eventual obstacles to the
cause to the Bishop or his Delegate who is to inform the
postulator so that he can remove them.
§
4. The Report is to be inserted into the acts of
the Inquiry.
Art. 74 - If difficulties of a theological or moral
nature emerge from the unpublished writings of the
Servant of God, the experts must inform the Bishop or
his Delegate so that he may ask the Theological Censors
for an opinion.
Art. 75 - § 1. The Report must be signed in
solidum, that is, by all the experts of the
Historical Commission.
§2. This does not exclude the possibility that
eventually differing opinions of the individual experts
may be indicated in the Report.
Chapter IV
Testimony of the
Experts
Art. 76 - § 1. The experts must be called to testify
separately as ex officio witnesses.
§
2. They are to declare under oath:
1°
that they conducted all the investigations;
2°
that they gathered all that which pertains to the cause;
3°
that they have neither changed nor destroyed any
document or text.
§
3. Other ex officio questions, that deal with the
personality and the work of the Servant of God, may be
asked of the witnesses in order to clarify negative
elements of a certain importance in the cause.
PART V
Gathering of Proofs from
Witnesses
Title
I
Interrogatories
Art. 77 - § 1. Recent and ancient causes follow the same
procedure.
§2. The witnesses, therefore, are heard only after the
gathering of documentary proofs, foreseen in Part IV:
Gathering of Documentary Proofs of the present
Instruction, unless there is a possibility of losing
the oral depositions of eyewitnesses. In such a case,
the provision of “lest proofs be lost” (“ne
pereant probationes”), that is dealt with in
Artt. 82-84 of the present Instruction, may be
invoked.
Art. 78 - § 1. All the material gathered up to this
point, that is, all that which is attached to the
written request of the postulator, the opinions of the
Theological Censors and the material gathered by the
experts in historical matters and in matters pertaining
to archives, together with their Report, is to be
handed over by the Bishop to the Promotor of Justice.
§2. The Promotor of Justice is to draw up the
Interrogatories for the hearing of the witnesses. If
necessary he may do this with the eventual collaboration
of some experts.
§3. The Promotor of Justice is to sign the
Interrogatories and add the place and date at the end of
them.
Art. 79 - § 1. The Interrogatories are to be prepared in
such a way so as to elicit the responses that show
knowledge of concrete facts and the source of that
knowledge on the part of the witness.
§2. The Interrogatories are to begin with questions
about the identity of the witness and his relationship
to the Servant of God.
§3. The questions are to be brief, not confusing, not
deceptive, not suggesting answers and adapted to the
understanding of the witness. They are also not to
include simultaneously more than one question.
§4. In the case of the Inquiry on the virtues, the
Interrogatories must contain questions that require, on
the part of the witness, precise and specific examples
of the exercise of the individual virtues.
Art. 80 - § 1. The Interrogatories must not be made
known to the witnesses before their depositions.
§
2. The postulator or the vice postulator may make
biographical data of the Servant of God available to the
witnesses.
Art. 81 - If the Inquiry regards an alleged miracle, the
material gathered by the postulator must be handed over
by the competent Bishop to an expert in the field. He is
to formulate specific questions that are to be inserted
later into the Interrogatories to be prepared by the
Promotor of Justice.
Title II
“Lest Proofs be Lost” (“Ne
pereant probationes”)
Art. 82 - § 1. The Bishop or his Delegate can apply the
provision of “lest proofs be lost” in the
case in which the proofs of the witness, that are of a
certain relevancy to the cause, are at risk of being
lost (e.g. the urgency to hear some witnesses who are
of an advanced age or ill).
§
2. On the basis of the aforementioned provision, these
witnesses may be heard even before the gathering of
documentary proofs has been completed.
§
3. For taking the testimony of such witnesses, the
Bishop must proceed according to what is contained in
Artt. 47-61 and Artt. 86-115 of the present
Instruction.
Art. 83 - § 1. In the case in which a person may wish to
leave testimony on the life or death of someone whose
cause is not in progress, he may give to the Bishop a
declaration written “ad futuram rei memoriam”.
§
2. Such a declaration must be signed by the writer and
countersigned by an ecclesiastical or civil Notary in
order to be accepted as proof in an eventual cause.
§
3. The Bishop is to keep the declaration in a safe place
in the diocesan or eparchial Chancery.
Art. 84 - The author of the declaration “ad futuram
rei memoriam” must be called to testify in the
eventual diocesan or eparchial Inquiry.
Title III
Citations for the
Sessions
Art. 85 - § 1. The place and time of the Sessions are to
be communicated in ample time to the Promotor of
Justice, the Notary or the Adjunct Notary and to the
witnesses that are called to testify.
§
2. The convocation is to be signed by the Bishop or his
Delegate and duly transcribed in the procedural acts. It
is to be executed either through citation or in some
other completely safe way.
§
3. Those convoked are obliged to appear and are, if
unable, to inform the Bishop or his Delegate as to the
reason for their absence.
Title IV
First Session or Opening
Session of the Inquiry
Chapter I
Participants
Art. 86 - § 1. The First Session of the Inquiry,
conducted for the swearing of the oaths of all the
Officials of the Inquiry, is to be presided over by the
diocesan or eparchial Bishop.
§
2. For just reasons, he may nominate, by means of
decree, a priest as his substitute.
§
3. The faithful may participate at the celebration of
the First Session.
Art. 87 - § 1. All the Officials, that is, the Episcopal
Delegate, the Promotor of Justice, the Notary, the
Adjunct Notaries and, in the case of an Inquiry on an
allegedly miraculous event, the Expert, duly nominated
by the Bishop, must participate at the First Session.
§
2. During the First Session the abovementioned, together
with the Bishop and the diocesan or eparchial postulator
and/or vice-postulator, must swear to fulfill faithfully
their task and to maintain the secret of office.
Art. 88 - It is of extreme importance always to refrain
from every act (e.g., liturgical celebrations, panegyric
speeches in honor of the Servant of God, etc.), inside
and outside of churches, that could mislead the faithful
into thinking wrongly that the initiation of the Inquiry
necessarily implies the beatification and canonization
of the Servant of God.
Chapter II
Acts of the First
Session
Art. 89 - The acts of the cause already completed and
all the material already gathered must be inserted into
the acts of the First Session:
1° any rescript of the transfer of
competence;
2° all the documentation presented to
the Bishop for the purpose of demonstrating the
reputation of holiness or of martyrdom and of
intercessory power enjoyed by the Servant of God;
3° the
mandate of nomination of the postulator and/or
vice-postulator;
4° the Libellus of the postulator
together with the material prescribed by n. 10 of
the “Normae servandae”;
5° any declaration on the particular
reasons for the delay of the initiation of the
cause;
6° the opinion of the other Bishops
consulted on the advisability of the cause;
7° the edict of the Bishop;
8° the letter of the “Nihil Obstat”
of the Holy See;
9° the decrees of nomination of the
Officials of the Inquiry;
10° the written opinions of the
Theological Censors or the declaration on the
inexistence of published writings;
11° the material gathered by the
experts in historical matters and in matters
pertaining to archives, together with their
Report.
Chapter III
Notary of the First
Session
Art. 90 - § 1. The office of the Notary of the First
Session must be distinct from that of the Notary and the
Adjunct Notary of the Inquiry.
§
2. As no one may validate his own juridical act, the
Chancellor of the diocese or of the eparchy in which the
Inquiry is being conducted generally executes the
office of the Notary of the First Session.
Title V
Participation of the
Promotor of Justice
Art. 91 - § 1. Since his specific function is to be the
protector of the public good in causes of great
importance, the Promotor of Justice must participate, in
an active and methodical manner, with physical and
continuous presence, at all the single Sessions of the
Inquiry, and in direct collaboration with the Episcopal
Delegate.
§
2. The Promotor of Justice is to suggest to the
Episcopal Delegate specific questions to be asked of the
witnesses that are necessary and useful for examining
the case more deeply.
§
3. The Promotor of Justice may be absent only for grave
reasons and this must be recorded in the acts of the
relative Session of the Inquiry.
§
4. The Promotor of Justice must read the acts of the
Sessions for which he was absent and indicate to the
Bishop or his Delegate eventual difficulties that are to
be clarified in the course of the Inquiry.
Title VI
Participation of the
Medical Expert
Art. 92 - § 1. In the instruction of the Inquiry on an
allegedly miraculous healing, the Medical Expert must
swear an oath during the First Session of the Inquiry to
fulfill faithfully his task and to maintain the secret
of office.
§
2. Furthermore, he must participate at all the
individual Sessions in direct collaboration with the
Episcopal Delegate and suggest to him, if necessary,
specific questions to be asked of the witnesses that may
be useful for examining the case more deeply.
§
3. Should the Expert consider it expedient to ask
specific questions of a witness who has already been
examined, it is recommended that the witness be recalled
to testify.
§
4. The Expert may be absent only for grave reasons that
are to be transcribed and inserted into the acts of the
relative Session of the Inquiry.
Art. 93 - § 1. With a view towards the examination of
the alleged miracle by the Congregation for the Causes
of Saints, it is recommended that the Medical Expert
prepare a report.
§
2. In the report he is to express a judgment on the
quality of the medical and technical witnesses.
§
3. The report is to be sent together with the letter
that the Bishop or his Delegate will send to the Prefect
of the Congregation.
Title VII
Participation of the
Postulator and/or the Vice-Postulator
Art. 94 - In view of the established jurisprudence of
the Congregation, the postulator and/or the
vice-postulator must not participate at the Sessions
held for taking the testimony of witnesses.
Art. 95 - § 1. After the publication of the acts of the
Inquiry, the postulator is to be given the faculty to
look at the depositions of the witnesses and at the
documents.
§
2. If it be the case, the postulator may ask the Bishop
or his Delegate to supplement the proofs with new
witnesses and/or documents.
Title VIII
Witnesses and Their
Depositions
Chapter I
Who can be a Witness
Art. 96 - The witnesses who must be called to testify in
the Inquiry are:
1° those
witnesses indicated by the postulator in his
Libellus;
2° ex officio witnesses,
especially if they are contrary to the cause;
3° corroborating witnesses, that is,
those indicated by the witnesses during their
depositions;
4° the experts in historical matters
and matters that pertain to archives as ex
officio witnesses;
5° in the Inquiry on an allegedly
miraculous healing, also those doctors who
treated the person healed and the medical experts
ab inspectione.
Art. 97 - The Bishop or his Delegate may limit an
excessive number of witnesses.
Art. 98 - § 1. In order to prove the heroic virtues or
the martyrdom of the Servant of God in recent causes,
there must be eyewitnesses (de visu), that
is, those who must have had direct and immediate
knowledge of the Servant of God. First of all, blood
relatives and other relations must be called to testify.
§
2. If necessary, others who have received information
about the Servant of God from those who have had direct
and immediate knowledge (de auditu a videntibus)
may be added to these eyewitnesses.
§
3. Taking the testimony of witnesses, who have received
information about the Servant of God from others who
have, in turn, only heard others speak of the Servant of
God (de auditu ab audientibus), is not
foreseen.
Art. 99 - § 1. All witnesses must be trustworthy.
§
2. The witnesses are bound by an oath to tell the truth
and to keep the secret of office. This oath is to be
sworn before their deposition.
Art. 100 - In order to prove the heroic virtues or the
martyrdom and the reputation of holiness or of
martyrdom and of the intercessory power of a Servant of
God, who belonged to some Institute of Consecrated Life
or Society of Apostolic Life or to a clerical and/or lay
Association, a significant number of the witnesses
presented by the Postulator must be from outside the
Institute, Society or Association unless this is
impossible on account of the particular life of the
Servant of God (e.g., eremitic or cloistered life ).
Chapter II
Who cannot be a
Witness
Art. 101 - §1. A priest must not be admitted to testify
about anything that he has come to know through
sacramental confession.
§
2. Regular confessors or spiritual directors of the
Servant of God must not be admitted to testify
concerning anything they have come to know about the
Servant of God in the forum of conscience outside
sacramental confession.
Art. 102 - The postulator or vice-postulator of the
cause must not be called to testify while he holds that
office.
Chapter III
Oral Testimony
Art. 103 - § 1. The witness must relate concrete facts
and, in the case of the Inquiry on the virtues, precise
examples of their heroic exercise.
§
2. The witness must declare the source of his knowledge
of the facts that are the object of his testimony.
Otherwise his testimony is to be considered null.
§
3. At the end of the questioning, each witness must
confirm his testimony with an oath and, together with
the Bishop or his Delegate, the Promotor of Justice and
the Notary, sign at the bottom of the acts of the
testimony.
Art. 104 - § 1. If necessary or advisable, other
witnesses may be called to testify at any time during
the Inquiry.
§
2. If a witness indicated by the Postulator or an ex
officio witness has not been heard, the reasons must
be put in writing in a document that is to be included
in the acts of the relative Session of the Inquiry.
Chapter IV
Written Declarations
of Witnesses
Art. 105 - § 1. If the witness wishes to hand in a
written declaration either at the time of his oral
testimony or at another time, the Bishop or his Delegate
may accept it.
§
2. This witness must sign it and declare under oath that
he is its author and that what he has written is true.
§
3. The written declaration must be included in the acts
of the Inquiry.
Art. 106 - The written declaration does not substitute
for the oral testimony of the author of the declaration.
Chapter V
Testimony of Attending
Physicians
Art. 107 - § 1. If in the Inquiry on an allegedly
miraculous healing the physicians who treated the person
healed refuse to be questioned, they can prepare under
oath, if possible, a written report about the illness
and its course.
§
2. This report is to be included in the acts of the
Inquiry.
Art. 108 - § 1. If in the Inquiry on an allegedly
miraculous healing the physicians who treated the person
healed should refuse to prepare a written report about
the illness and its course, the Bishop or his Delegate
may nominate, by means of a decree, a third party,
preferably an expert in the medical field, who may take
the testimony of these physicians.
§
2. This third party must take an oath to fulfill
faithfully his task and to maintain the secret of
office.
§
3. The oath must be transcribed and inserted into the
acts of the Inquiry.
§
4. Once he has obtained the testimonies of the attending
physicians, the third party is to be heard by the Bishop
or his Delegate, assisted by the Promotor of Justice,
the Notary and the Medical Expert.
Chapter V
Medical Experts ‘ab
inspectione’
Art. 109 - § 1. If still alive, the person healed must
be examined separately by two medical experts, called
experts ab inspectione.
§
2. The Bishop or his Delegate must duly nominate these
experts by means of a decree.
§
3. They must swear an oath to fulfill their task
faithfully and to maintain the secret of office.
§
4. Their decrees of nomination and oaths must be
transcribed and inserted into the acts of the Inquiry.
Art. 110 - § 1. With all the clinical and technical
means available, the two experts ab inspectione
must verify only the present state of health of the
person healed. Particular reference to the pathology
from which the person was cured is to be made in order
to ascertain the present state of health of the person
healed and the duration of the healing.
§
2. Their written opinions, prepared separately, are to
be handed over to the Bishop or his Delegate and
inserted into the acts of the Inquiry.
§
3. These experts must be called to testify as ex
officio witnesses.
Title IX
Use of a Tape Recorder
and a Computer
Art. 111 - § 1. If a tape recorder is used to gather the
depositions of the witnesses during the Sessions of the
Inquiry, all the answers of the witnesses must be
transcribed and, if possible, signed by the witnesses
themselves.
§
2. At the end of the hearing, the witness must listen to
his taped deposition so that he may exercise his faculty
to add, suppress, correct and/or change his own
testimony.
§
3. The witness must declare that he exercised the right
to change his testimony and sign his name.
Art. 112 - A computer may also be used for gathering the
depositions of the witnesses during the Sessions of the
Inquiry.
Art. 113 - The computer may be used also for the
preparation of the original acts of the Inquiry, which
are called the Archetype.
Title
X
Procedure of the Rogatory
Inquiry
Chapter I
Hearing of Witnesses
Art. 114 - § 1. If witnesses that reside in another
diocese or eparchy must be heard, and they are unable to
come to the diocese or eparchy where the Inquiry is
being instructed, the Bishop a quo is to send to
the Bishop ad quem a letter in which he asks that
a Rogatory Inquiry be instructed. In this letter the
Bishop is to indicate the names and addresses of the
witnesses and attach a copy of the Interrogatories
prepared by the Promotor of Justice.
§
2. The Bishop ad quem must proceed according to
the Normae servandae and the present
Instruction.
§
3. The witnesses must be heard by the Bishop or his
Delegate, together with the Promotor of Justice and the
Notary, according to those norms proper to the causes of
Saints.
Art. 115 - § 1. If expedient, the Bishop or his
Delegate, the Promotor of Justice and the Notary of the
cause, may go to the diocese or eparchy ad quem
in order to hear the witnesses in residence there.
First, the written authorization of the Bishop ad
quem, in whose diocese or eparchy the witnesses
reside, must be obtained.
§
2. The letter of authorization must be inserted into the
acts of the Inquiry.
Chapter II
Preservation and
Forwarding of the Acts
Art. 116 - § 1. The original acts (Archetype) of
the Rogatory Inquiry, closed and stamped with the seals
of the Bishop or his Delegate, are to be kept in the
archive of the diocese or eparchy where the Rogatory
Inquiry was instructed.
§
2. A copy of the same acts, prepared according to the
norms of nn. 29-30 of the Normae servandae are to
be sent in a closed and sealed package to the Bishop
a quo.
PART VI
Closing of the Inquiry
Title I
“Declaration of the
Absence of Cult”
Art. 117 - § 1. In accordance with the dispositions of
Pope Urban VIII, it is prohibited for a Servant of God
to be an object of public ecclesiastical cult without
the previous authorization of the Holy See.
§
2. Such dispositions do not impede, in any way, private
devotion toward the Servant of God and the spontaneous
spreading of his reputation of holiness or martyrdom and
of intercessory power.
Art. 118 - § 1. In observance of the above-mentioned
dispositions, prior to the close of the Inquiry the
Bishop or his Delegate must ensure that the Servant of
God is not an object of unlawful cult.
§
2. For this purpose, the Bishop or his Delegate, the
Promotor of Justice and the Notary of the cause, must
inspect the tomb of the Servant of God, the room where
he lived and/or died, and other possible places where
signs of unlawful cult may be found.
§
3. The Notary is to draw up a report on the outcome of
the inspection that is to be inserted into the acts of
the Inquiry.
Art. 119 - § 1. If no abuses of cult are discovered, the
Bishop or his Delegate is to proceed to the preparation
of the “Declaration on the Absence of Cult”,
that is, the declaration which attests to the fact
that the Decrees of Urban VIII have been observed.
§
2. The declaration is to be inserted among the acts of
the Inquiry.
Title II
Publication of the Acts
Art. 120 - § 1. Once all the documentary proofs and the
testimony of the witnesses have been gathered, the
Bishop or his Delegate must proceed, by means of a
decree, to the publication of the acts of the Inquiry.
§
2. In the decree of publication, that is to be
transcribed and inserted into the acts, the Bishop or
his Delegate is to declare his decision to proceed to
the definitive closing of the Inquiry.
Art. 121 - § 1. In the causes of Saints, the publication
of the original acts of the Inquiry (Archetype)
consists in making them available to the Promotor of
Justice who has the ex officio right and duty to
examine them.
§
2. Should he deem it necessary and advisable, the
Promotor of Justice is to request further
investigations.
Art. 122 - § 1. In the decree of publication, the
faculty to examine the acts is also granted only to the
postulator and/or vice-postulator of the cause. They
must maintain absolute reserve on the content of the
acts that are covered by the secret of the proceedings.
§
2. The postulator and/or vice-postulator may suggest to
the Bishop or his Delegate the possible integration of
the proofs by hearing new witnesses and/or gathering
other documents.
Art. 123 - The examination of the acts by the Promotor
of Justice and by the postulator and/or vice-postulator
must be recorded in writing and the relative document
inserted into the acts of the Inquiry.
Title III
Translation of the Acts
Art. 124 - § 1. Whenever there is a need for a
translation of the acts of the Inquiry, that is, of the
testimony of the witnesses and of the documents, into a
language accepted by the Congregation, the Bishop or his
Delegate is to nominate, by means of a decree, a
translator for such a task.
§
2. The translator is to swear an oath to fulfill his
task faithfully and to maintain the secret of office.
§
3. The oath is to be transcribed and the relative
document inserted into the acts of the Inquiry.
Art. 125 - § 1. If advisable, the Bishop or his Delegate
may allow the translation to be done during the
procedural phase of the cause.
§
2. The translation of the original acts is to be
declared authentic by the Bishop or his Delegate and by
the Promotor of Justice.
§
3. Two copies of the translation of the acts are to be
made.
§
4. The two copies are to be collated and compared one to
the other.
Art. 126 - § 1. One copy of the translation of the acts
of the Inquiry is kept in the diocesan or eparchial
chancery together with the acts in the original language
(Archetype).
§
2. The two copies of the translation of the acts of the
Inquiry are to be sent to the Congregation.
Art. 127 - The languages admitted by the Congregation
for the study of causes are: Latin, English, French,
Italian, Portuguese and Spanish.
Title IV
Copy of the Original Acts
Art. 128 - All the original acts of the diocesan or
eparchial Inquiry constitute the
Archetype.
Art. 129 - § 1. Once the instruction of the Inquiry has
been completed, the Bishop or his Delegate is to order
that a copy of the original acts be made unless for good
reasons he has already allowed this to be done during
the procedural phase of the cause.
§
2. This copy of the original acts is called the
Transcript.
Art. 130 - § 1. For the preparation of the Transcript
the Bishop or his Delegate is to nominate a Copier.
§
2. The Copier must swear an oath to fulfill his task
faithfully and to maintain the secret of office.
§
3. The oath is to be transcribed and the relative
document inserted into the acts of the Inquiry.
Art. 131 - § 1. If the original acts of the Inquiry
(Archetype) have been transcribed by hand or by a
typewriter, the Copier may make one copy of them (Transcript).
§
2. If a computer has been utilized during the Inquiry,
only one copy must be printed (Archetype). The
Copier may then make a photocopy of it (Transcript).
Art. 132 - § 1. Once the Transcript has been
prepared in its final version, the Copier is to present
it to the Bishop or his Delegate.
§
2. The Copier is to swear an oath that he has faithfully
fulfilled his task.
§
3. The oath must be transcribed and the relative
document inserted into the acts of the Session conducted
specifically for the consignment of the
Transcript.
Art. 133 - Generic affirmations, attesting to the
diligence employed by the Copier in fulfilling his task,
are not sufficient.
Title V
Collation and Comparison
of the Acts
(“Collatio et
Auscultatio”)
Art. 134 - § 1. After the Transcript has been
given to the Bishop or his Delegate, it must be verified
that all the pages of the Archetype and of the
Transcript are numbered in exactly the same order (Collation
of the Acts or “Collatio”).
§
2. At the same time, the Transcript is to be
compared to the Archetype in order to verify that
the content of the Transcript is absolutely
faithful to that of the Archetype (Collation
of the Acts or “Collatio”).
§
3. The Copier is to check carefully the collation and
the comparison of the Transcript to the
Archetype in the presence of the Bishop or his
Delegate, of the Promotor of Justice and of the Notary.
Art. 135 - § 1. The Notary is to authenticate that the
Transcript corresponds to the Archetype.
§
2. The Notary or an Adjunct Notary must place his seal
and initials at the bottom of each page both of the
Archetype and of the Transcript as a
guarantee of the regular course of these operations.
§
3. Separate Sessions are to be held precisely for the
collation and the comparison, and are to be recorded in
writing.
Art. 136 - Generic affirmations by the Bishop or his
Delegate, attesting to the performance of the collation
and comparison of the acts of the Inquiry, are not
sufficient.
Art. 137 - § 1. After the collation and the comparison
of the Transcript to the Archetype, the
Copier must prepare a second copy equal to the original
that is called the Public Copy.
§
2. For the creation of the Public Copy, it is
sufficient to photocopy the Transcript that
already bears the seal and initials of the Notary on
each page.
Title VI
Carrier
Art. 138 - § 1. The Bishop or his Delegate must nominate
by decree the Carrier, that is, the Official charged
with handing over to the Congregation for the Causes of
Saints the acts of the diocesan or eparchial Inquiry.
§
2. The acts of the Inquiry that are sent to the
Congregation are: the Transcript, the Public
Copy, a copy of the published writings of the
Servant of God already examined by the Theological
Censors and their written opinions.
§
3. If a translation of the acts of the Inquiry has been
made, two copies of the translated acts are also to be
sent to the Congregation.
§
4. The writings of the Servant of God and the documents
gathered by the experts in historical matters and in
matters pertaining to archives may be sent to the
Congregation in their original language.
§
5. The opinions of the Theological Censors must be
translated into a language accepted by the Congregation.
Art. 139 - The postulator and/or vice-postulator may
also act as the Carrier, provided he has been duly
nominated for such a task.
Art. 140 - The acts of the Inquiry are to be sent to the
Congregation by a secure means (e.g., by hand, through
the diplomatic pouch of the Holy See, etc.).
Title
VII
Last Session
or Closing Session of the
Inquiry
Chapter I
Last Session in
general
Art. 141 - Before proceeding to the definitive closing
of the Inquiry, the diocesan or eparchial Bishop may
proceed to the canonical recognition of the mortal
remains of the Servant of God, which is dealt with in
Artt. 1-5 of the Appendix of the present
Instruction.
Art. 142 - Once the instruction of the Inquiry has been
completed, its original acts have been transcribed
(Archetype), and the two copies of the Archetype
(Transcript and Public Copy) have been
prepared, the Inquiry is to be definitively closed with
the celebration of the Last Session.
Art. 143 - § 1. The diocesan or eparchial Bishop is to
preside at the Last Session.
§
2. For just reasons he may nominate, by means of a
decree, a priest as his substitute.
§
3. The faithful may participate at the celebration of
the Last Session.
§
4. It is of extreme importance always to refrain from
any act that could mislead the faithful into thinking
wrongly that the closing of the Inquiry necessarily
implies the beatification and canonization of the
Servant of God.
Chapter II
Acts of the Last
Session
Art. 144 - § 1. In the Last or Closing Session of the
Inquiry:
1° the Bishop is to declare, by means
of a decree to be inserted into the acts of the Last
Session, that the Inquiry is definitively closed;
2° the Carrier is to swear an oath to
fulfill his task faithfully;
3° the Bishop, the Episcopal
Delegate, the Promotor of Justice, the Notary and
the postulator and/or vice-postulator of the cause,
are to swear separately that they have faithfully
fulfilled their task and that they will maintain
the secret of office.
§
2. The oaths are to be transcribed and the relative
documents inserted into the acts of this Last Session.
Art. 145 - § 1. Before closing the packages containing
the Archetype, the Transcript and the
Public Copy, the Bishop is to order that the minutes
of the Last Session are to be added to them.
§
2. The Bishop is to order that the packages containing
the Archetype are to be closed, sealed and kept
in a safe place of the archive of the diocese or
eparchy.
§
3. If possible, a section of the diocesan or eparchial
archive is to be reserved for the original acts of all
the eventual Inquiries in the causes of Saints.
§
4. Finally, he is to order that the packages containing
the Transcript and the Public Copy are to
be closed and sealed and sent to the Congregation for
the Causes of Saints.
Title VIII
Witnesses and Their Depositions
Chapter I
External Inscription
Art. 146 - § 1. The packages containing the
Transcript and the Public Copy are to be
closed and stamped with the seal of the Bishop of the
diocese or eparchy. In this way, the effective closing
of the packages is guaranteed and the impossibility of
tampering with the acts is assured.
§
2. On each package the Bishop or his Delegate is to
place the external inscription, or sheet of paper, that
contains a declaration describing the contents of the
package and attesting to its secure and definitive
closing.
§
3. The Bishop or his Delegate and the Notary of the
Inquiry, who is to affix his seal, must sign the
declaration.
Chapter II
Letters of the
Officials of the Inquiry
Art. 147 - § 1. The one who has presided over the
Inquiry (the Bishop or his Delegate) is to hand over to
the Carrier, together with the packages, a closed and
sealed envelope containing the letter addressed to the
Prefect of the Congregation for the Causes of Saints.
§
2. In the letter he must express his opinion about the
trustworthiness of the witnesses and the legitimacy of
the acts of the Inquiry.
§
3. He is to formulate any observations and insights that
he considers useful for the study of the cause in the
Roman phase.
Art. 148 - It would be useful for the study of the cause
in the Roman phase if the Promotor of Justice were also
to send to the Prefect a letter in which he formulates
his own observations. This letter should be attached to
that of the Bishop or his Delegate.
Art. 149 - In the case of an Inquiry on an allegedly
miraculous healing, it is suggested that the Medical
Expert prepare his own report on the course of the
questioning of the medical witnesses of the Inquiry that
is to be attached to the other letters.
Chapter III
Instrument of Closing
Art. 150 - The Instrument of Closing, which is a
declaration on letterhead stationery of the Bishop with
which he certifies the contents of the packages and
declares that they have been sealed, is also to be put
into the envelope with the letters.
Appendix
Canonical Recognition
of the Mortal Remains of
a Servant of God
Title
I
Authentication
Art. 1 - § 1. According to ancient tradition of the
Church, relics of the Saints and the Blessed are an
object of veneration, and their tombs places of
pilgrimage.
§
2. The Congregation for the Causes of Saints has
competence to decide everything concerning the
authentication and the preservation of relics.
§
3. The Congregation for Divine Worship and the
Discipline of the Sacraments has competence concerning
the cult of sacred relics.
Art. 2 - § 1. It is necessary to certify that the mortal
remains of a Servant of God whose cause is in progress
are authentic.
§
2. The Bishop of the diocese or eparchy where the
remains are buried has competence to perform the
canonical recognition of the mortal remains of the
Servant of God, that is, the recognition of their
authenticity.
Art. 3 - It has been a long-standing practice that the
Bishop has competence to perform the canonical
recognition of the mortal remains of the Servant of God
before the Inquiry is closed.
Art. 4 - § 1. In order to proceed to the canonical
recognition, the competent Bishop may ask for
instructions from the Congregation for the Causes of
Saints.
§
2. In his letter, he is to specify the exact place where
the mortal remains of the Servant of God are kept (city,
name of the church, chapel, public or private cemetery,
etc.).
§
3. If the remains must be transferred, he is also to
include the project for the new place of burial of the
Servant of God.
Art. 5 - Before doing anything to the mortal remains of
a Servant of God, the diocesan or eparchial authorities
must obtain the authorizations required by the local
civil authorities.
Title II
Preservation
Art. 6 - § 1. In order to guarantee the best
preservation of the relics of a Saint or of a Blessed,
it may be necessary to conduct specialized treatment on
the relics.
§
2. In order to perform any treatment on the relics, the
competent Bishop is to ask the permission of the
Congregation.
§
3. In the letter, he is to specify the exact place in
which the relics or mortal remains are kept, the reasons
for the treatment and the nature of the operations that
are to be performed.
Title III
Preparation of Relics
Art. 7 - § 1. When the beatification or canonization is
near, the Bishop, who intends to prepare relics from the
mortal remains of the Venerable or the Blessed, must
obtain the permission of the Congregation.
§
2. Since the pontifical conferral of the title
Venerable does not carry with it any concession of
cult, the Bishop must see to it that, before the
beatification, every sign of public ecclesiastical cult
is scrupulously avoided.
Art. 8 - It is the competence of the postulator of the
cause to prepare such relics and draw up certificates of
their authenticity.
Title IV
Transfer
Art. 9 - § 1. In order to make the relics of a Blessed
or the mortal remains of a Servant of God more
accessible to the devotion of the people of God, it may
be feasible to transfer them definitively from one place
to another (e.g., from a cemetery to a church or
chapel).
§
2. The diocesan or eparchial Bishop who is competent to
transfer the relics must ask the permission of the
Congregation in order to proceed.
Art. 10 - § 1. In the letter addressed to the Prefect of
the Congregation he must specify the exact place in
which they are presently found and the place chosen for
their definitive repose.
§
2. The project for the new place of burial of the
Blessed or the Servant of God is also to be included in
the same letter.
Art. 11 - Before asking the permission of the
Congregation, the diocesan or eparchial authorities must
obtain the permissions required by local civil law.
Art. 12 - § 1. If the transfer is done from one diocese
or eparchy to another, the Bishop who intends to receive
the relics of the Blessed or the mortal remains of the
Servant of God (the Bishop “ad quem”) must
ask the consent of the Bishop of the diocese or eparchy
where the remains of the Blessed or the Servant of God
(the Bishop “a quo”) are located.
§
2. In his letter addressed to the Congregation, the
Bishop “ad quem” is to attach a copy of
the letter of consent of the Bishop “a quo”.
Art. 13 - When conducting the transfer, the Bishop is to
take care that every sign of unlawful cult to a Servant
of God, who is not yet beatified, is scrupulously
avoided.
Art. 14 - The prescriptions of canon law are to be
observed in everything concerning the alienation and
transfer in perpetuo of relics of the Saints that
are of great significance.
Art. 15 - In all the above-mentioned cases the
Congregation will send to the Bishops involved the
rescript granting the permission and a specific
Instruction indicating the procedure to be followed.
__________________________
The present Instruction was submitted for
examination to the Cardinals and Bishops who are Members
of this Congregation, and who met in Plenary Session
from the 24th until the 26th days
of April 2006. On the 22nd day of February
2007, Feast of the Chair of Saint Peter, the Supreme
Pontiff Benedict XVI approved it and ordered its
publication.
Given at Rome, from the offices of the Congregation for
the Causes of Saints, on the Feast of the Ascension of
the Lord, this 17th day of May 2007.
José
Cardinal
Saraiva Martins
Prefect
Michele Di Ruberto
Titular Archbishop elect of Biccari
Secretary
|