Article — 1917 Code of Canon Law
Article II: Of the Informative Process
Superseded as law in 1983 — read why this Code still matters. Each canon links to its 1983 counterpart.
The informative process is instructed by the Ordinaries; and if it has not been begun within thirty years from the death of the Servant of God, so that one can proceed to further matters, it must be proved that no fraud or deceit or culpable negligence was present in the case.
Processus informativus per Ordinarios instruitur; et si inchoatus non fuerit intra triginta annos a morte Servi Dei, ut ad ulteriora procedi possit, probari debet nullam in casu fraudem vel dolum aut culpabilem negligentiam adfuisse.
§ 1. In the examination of witnesses concerning the fame of sanctity, martyrdom, and miracles, the prescriptions of can. 2019, 2020 are to be observed.
§ 2. It is not necessary that it be established in species concerning virtues, martyrdom, or miracles, but it suffices that fame be proved in general, spontaneous, not procured by art or human diligence, arisen from honorable and weighty persons, continuous, increased from day to day, and vigorous in the present among the greater part of the people.
§ 3. After general questions have been placed first according to the norm of can. 1774, the question is first to be proposed to the witnesses by the judge: namely, what concerning the life, virtues, miracles, or martyrdom of the Servant of God has come to their knowledge, and how they knew these things, and whether they know that there is public fame concerning the same; and then they are to be interrogated on the interrogatories prepared by the promoter of the faith and on the articles exhibited by the postulator.
§ 1. In testium excussione super fama sanctitatis, martyrii et miraculorum serventur praescripta can. 2019, 2020.
§ 2. Non est necesse ut constet in specie de virtutibus, martyrio, miraculis, sed sufficit ut probetur fama in genere, spontanea, non arte aut diligentia humana procurata, orta ab honestis et gravibus personis, continua, in dies aucta et vigens in praesenti apud maiorem partem populi.
§ 3. Praemissis generalibus quaestionibus ad normam can. 1774, testibus quaestio in primis a iudice proponatur quid nempe de vita, virtutibus, miraculis aut martyrio Servi Dei ad eorum notitiam pervenerit et quomodo haec noverint et an sciant de eisdem esse publicam famam, et deinde interrogandi sunt super interrogatoriis a promotore fidei confectis et super articulis a postulatore exhibitis.
When the tribunal has judged that all proofs, whether through examination of witnesses or through exhibition of documents, have been collected, and that all writings of the Servant of God which could be had are in the acts, after the promoter of the faith has been heard, it is to warn the postulator that, if he has others, he is to offer them within a certain space of time, which having elapsed, an end is imposed on the process.
Tribunal cum iudicaverit probationes omnes sive per testium examen sive per documentorum exhibitionem fuisse collectas et scripta omnia Servi Dei, quae haberi poterant, in actis esse, audito promotore fidei, moneat postulatorem ut, si alia habeat, offerat intra certum temporis spatium, quo elapso, processui finis imponitur.
With the judge ordering and the promoter of the faith not contradicting, the notary is to publish the process; this is to be handed over to the scribe designated by the tribunal to be transcribed.
Iubente iudice et non contradicente promotore fidei, notarius publicet processum; qui scribae a tribunali designato transcribendus tradatur.
The copy of the process, or, as they say, the transcript, like the archetypal acts, is to be transcribed by hand.
Exemplar processus, seu, ut aiunt, transumptum, sicut acta archetypa, manu transcribantur.
Once the transcript has been completed, its collation with the archetype is to be made by the notary and by his adjunct, in the presence of one of the judges and the promoter of the faith; this collation having been completed, to prove the authenticity of the transcript, both the notary and the judge and the promoter of the faith are to strengthen the transcript by their signature and seal.
Absoluto transumpto, fiat eius collatio cum archetypo a notario et ab eius adiuncto, praesentibus uno ex iudicibus et promotore fidei; qua collatione expleta, ad authenticitatem transumpti probandam tum notarius tum iudex et promotor fidei subscriptione sua et sigillo transumptum communiant.
§ 1. Once the collation has been completed, the archetype is closed and fortified with seals, to be diligently preserved in the archive of the Curia and never opened without permission of the Apostolic See.
§ 2. But the transcript is closed and sealed with the seal of the Ordinary, and concerning this matter the notary prepares an instrument in duplicate, one to be transmitted to Rome, the other to be preserved in the archive of the Curia.
§ 1. Absoluta collatione, archetypum clauditur et sigillis munitur in archivo Curiae diligenter asservandum et nunquam aperiendum sine venia Sedis Apostolicae.
§ 2. Transumptum vero clauditur et obsignatur sigillo Ordinarii atque hac de re notarius instrumentum in duplici exemplari conficit, alterum Romam transmittendum, alterum in archivo Curiae asservandum.