Chapter — 1917 Code of Canon Law

Chapter I: Of Processes to Be Instructed by the Local Ordinary by His Own Right

Superseded as law in 1983 — read why this Code still matters. Each canon links to its 1983 counterpart.

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Can. 2038.

§ 1. For the introduction of a cause of beatification of a Servant of God to be obtained from the Apostolic See, it must first be juridically established concerning the purity of doctrine in his writings, concerning his fame of sanctity, virtues and miracles or martyrdom, concerning the absence of any obstacle which seems peremptory; but afterward concerning public cult not offered to him.

§ 2. Wherefore, at the prayers of the postulator, the Ordinary, if he has judged that the petition is to be admitted, must:

1° Search out the writings of the Servant of God.

2° Instruct the informative process concerning the fame of sanctity, virtues in general or martyrdom, the cause of martyrdom, and miracles.

3° Instruct the process concerning non-cult.

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Can. 2039.

§ 1. For these things the Ordinary of the place in which the Servant of God died his last day, or miracles happened, is competent; who nevertheless must not instruct the judgment himself by himself, if he is of the family of the Servant of God.

§ 2. When an ancient process concerning the fame of sanctity or martyrdom exists, completed thirty years before, but the cause, before it obtained legitimate introduction from the Apostolic See, was interrupted for any cause whatever, it belongs to the same Ordinaries or their successors to prepare an informative process concerning the continuation of the fame of sanctity or martyrdom.

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Can. 2040.

§ 1. The tribunal must consist of a president, who is the Ordinary himself by himself or through a priest delegated for this, and in this latter case of two other judges to be chosen by the same Ordinary from among the synodal judges.

§ 2. The Ordinary by decree is to designate the president of the tribunal, whether he reserves this office to himself, or names a delegate with two other judges; and by the same decree he is to name the promoter of the faith and the notary.

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Can. 2041.

§ 1. Sessions of the tribunal for receiving the oath and for the examination of witnesses are to be held by day, insofar as can be done, and in a sacred place.

§ 2. After each session the acts of the cause must be closed and sealed with the judge's seal, not to be opened except in the following session, after the judge has recognized that the seal is whole and intact; if the seal is not found whole and intact, the judge is to refer the matter to the Sacred Congregation.

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