POSTULAZIONE AND POSTULATOR (in Causes of Beatification and Canonization). - By p. is meant the function of one who legitimately promotes a cause before the competent ecclesiastical authority (pontifical and diocesan); and, consequently, also some single act, especially if solemn, that the exercise of such a function entails. For a determined form of petitions which, in two specific phases of the cause, the introductory and the summary, ecclesiastical and lay persons who have no part in the cause are accustomed humbly to submit to the Holy Father, there is in canonical terminology (can. 2077) and in practice the proper designation of Litterae postulatoriae. One who legitimately exercises the function of postulating, or the p., is called in law and in practice a postulator.
I. NOTION
It may be said that the p., in a more or less broad sense, was born with the procedure itself, by reason of its character as an element original and intrinsic to the procedure. The name of the postulator, however, although it translates very well the task of one who asks the competent tribunal for the handling of the cause (can. 2007, n. 1) and honestly asks the faithful for offerings to cover its expenses (can. 2007, n. 2), entered late into practice and into official acts, probably with the famous decrees of Urban VIII and the related instructions (1642). Even after that time, however, although in the acts and decrees of the Sacred Congregation of Rites the term postulator recurs frequently, in doctrine and in practice, nevertheless, it appears exchanged or alternated with those of procurator, actor, patron, etc. In the CIC itself it is not always found used with juridical exactness.
II. THE POSTULATOR
The CIC defines him as the one who handles a cause of beatification and canonization before the competent tribunal (can. 2004 § 2). The competent tribunal (not simultaneously, but successively) for such causes, according to the same CIC (which, in this, confirms the previous law and practice), is twofold: there is the tribunal of the Ordinary of the place (cann. 1999 § 3; 2003 § 3) for the brief ordinary or pre-introductory stage (cann. 2039; 2044 § 1; 2126); and the S. Congr. of Rites for the long apostolic stage or formal treatment of the cause (cann. 253 § 3; 1999 § 2). The competence of the Ordinary of the place, in ancient practice, resulted from three circumstances: the death of the servant of God, the occurrence of some miracle, and the presence of witnesses in the territory. The CIC, on the other hand, makes it result only from the first two. The Pont. Commis. for the interpretation of the CIC confirmed this omission (AAS, 23 [1931], p. 388, n. 10). A cause, whether it proceeds by the ordinary way of non cultus, or by the extraordinary one of cultus seu casus excepti (can. 2000), for which case, by virtue of centenary cult (can. 2021), the procedure is lightened of the investigations and related congregations or discussions on the miracles for beatification (can. 2134); whether it concerns a confessor, or concerns a martyr (even in this case, if the martyrdom is evident, dispensation from the investigations and discussions on the miracles for beatification can be obtained: can. 2116 § 2), cannot be resolved (the cumulatio is expressly forbidden, cann. 2001 and 2120) with a single process and a single congregation; but it evolves progressively through many processes, acts, congregations, closely connected among themselves and ordered to the same end. The postulator, therefore, since he handles not a single process, but the whole cause, extends his activity both to the two aforementioned tribunals and to the long series of processes, acts and discussions.
The actor, who has the right to promote a cause, after his petition has been admitted by the competent authority (can. 2003 §§ 1 and 2), does not in fact handle it; the function of handling the cause, attributed precisely to the postulator, juridically coincides, not with the right to promote the cause itself, but with the exercise or use of that right.
III. NECESSITY OF THE ACTOR AND THE POSTULATOR
Ordinarily a cause of beatification and canonization is not prepared unless there is someone to request it (the actor) and someone to promote it (the postulator). This is for two reasons: one of a practical nature and the other of a procedural nature. The first reason is not difficult to understand, if one considers the necessity that there be someone to assume responsibility for the expenses. As for the procedural reason, it must be noted that a cause of beatification and canonization, although it is not a contentious trial properly so called (can. 1552), nonetheless bears all the marks of a judicial dispute (Blat, Vermeersch) that is long and complicated. In view of this and of the very lofty end it pursues, some canonists have given its procedure the qualification of ultra-procedural (Noval). Because of its evident judicial character, almost the same persons are found in it as take part in other trials: the promoter of the faith, who safeguards the right, and the cardinal ponens or relator, who reports on the cause, once duly prepared, before the tribunal (cann. 2009-12), the notary, the chancellor, the procurator, the advocate (cann. 2013-18). It is natural, therefore, that there should also be the actor and the postulator, who resemble the parties in a trial. It is held, consequently, that the postulator is necessary even if the local Ordinary proceeds ex officio (cann. 1999 § 3 and 1618-1619): and this, not only because of practice and the function of a party, but also because of the necessary distinction between the one who judges and the one who acts (Wernz-Vidal). According to the CIC the right to handle the cause may be exercised either by the actor himself or by a procurator of his (can. 2004 § 1). There can therefore be two clearly distinct figures of postulator: the postulator-actor and the postulator-procurator. In truth, the first figure is rather rare for various reasons; but above all because in more positum est, ut aliquis eligatur (Benedict XIV, lib. I, cap. 46, n. 13). If, however, the hypothesis occurs, notwithstanding the extreme laconism of the CIC on the matter, it may be affirmed that the actor who, in the case, must not be lacking the necessary (can. 2004 § 3) and appropriate requirements, assumes the title, mandatory in law and in practice (can. 2004 § 2), of postulator, apt to place him within the function of handling the cause; and, with the title and the function, also the powers inherent in it. It is obvious, moreover, that the survival of the actor in the postulator means that all his activity remains influenced by it and that he acts nomine proprio. On the contrary, the figure of the postulator-procurator is the usual and common one in the procedure. It occurs when the actor, not wishing or not being able to exercise his right personally, entrusts the task to a representative of his, legitimately constituted for that purpose, who, nomine alieno, but with full and direct responsibility, attends to its complete implementation, within the scope of the common and peculiar powers that the law, practice and the mandate grant him. The constitution of the postulator-procurator, free for any other actor, is, on the contrary, absolutely necessary when a cause is promoted by women (a physical or moral person: can. 2004 § 1). Such a postulator-procurator must be constituted ad hoc (can. 2004 § 1) and, therefore, with a written mandate, drawn up not in general form (like that of the procurators general of religious Institutes), but special, with particular reference to the cause, and it must bear the place, day, month and year, as well as the signature of the actor (cann. 2006 § 2; 1659 § 1). For women actors there are those who consider it appropriate that the mandate be countersigned also by the notary or episcopal chancellor (Vermeersch). The mandate, moreover, is not considered effective until it has been admitted and entered in the registers of the competent tribunal (can. 2006 § 2). The mandate must be exhibited to the tribunal before the postulator is admitted to exercise his office (can. 2006 § 1). It ceases in the same way in which that of other procurators is extinguished (cann. 2008, 1663-64). Although the CIC does not speak of it, the Clementine prohibition against the consultors of the S. Congr. of Rites acting as postulators may be considered still in force.
IV. THE FIGURE OF THE POSTULATOR IN THE CIC
It is to the credit of the CIC to have better defined the figure of the postulator, which previously appeared somewhat uncertain and confused, assigning to it more determinate and higher qualities and duties, which define its legal capacity and elevate it in relation to the actor. But it is perhaps not a merit of the CIC to have concentrated its attention on the postulator of the apostolic stage of the cause (also called the Roman or principal postulator) and to have neglected that of the pre-introductory or ordinary stage, regarding whose function, therefore, some uncertainty may arise; as likewise to have let pass, in treating of the postulator and the vice-postulators, certain ambiguities of various kinds (cann. 2006 § 1, 2008, etc.).
V. QUALITIES OF THE POSTULATOR
The postulator (whether actor or procurator) must be a priest (either a simple priest or a bishop), whether secular or regular, and must reside in Rome (can. 2004 § 3). In this norm too, in which, moreover, previous pontifical prescriptions live on in whole or in part (S. Congr. of Rites, decr. 21 Dec. 1893; Benedict XIV, lib. I, cap. 19, n. 24), the legislator had in mind only the postulator of apostolic processes, and therefore not that of ordinary processes.
VI. NUMBER OF POSTULATORS
The CIC does not explicitly declare that there must be one postulator; it seems, however, to allow it, when it states that for each individual cause there may be a single postulator (can. 2005). It is obvious, however, that the prescribed uniqueness is to be understood in the sense that there cannot be several postulators at the same time, that is, during the same stage (ordinary or apostolic) of the cause; not, however, successively. An argument in favor of two successive postulators might also be found in the CIC, where, speaking of the oath calumniae, which the postulator must take in the two processes, ordinary and apostolic, it uses, contrary to its custom, the plural form, which, in that context, cannot but refer to two successive postulators (can. 2037 § 4). In practice, however, two different ways are followed for the appointment of the postulator. At times there are two successive postulators, one for the ordinary processes and another for the apostolic ones; at other times, instead, from the very beginning of the procedure, the postulator of the cause is appointed in Rome, and this one, in turn, appoints one or more vice-postulators for the ordinary processes first, and for the apostolic ones afterward.
VII. APPOINTMENT OF VICE-POSTULATORS
The most important prerogative of the postulator, which places him, in some way, above the actor, is constituted by the exclusive right to appoint vice-postulators. The appointment of vice-postulators takes place by means of a legitimate mandate (can. 2005), drawn up in judicial form, which has no validity until it is recognized and admitted by the tribunal, whether apostolic or ordinary, where the cause is being heard (can. 2006 § 2); it must also be exhibited to that tribunal before acting (can. 2006 § 1). The more or less extensive powers of the vice-postulators depend on the tenor of the mandate, as well as on the common norms and on practice. It is obvious that these cannot have qualities different from those of the person whom they must replace (can. 2005): there are those who require for them, in particular, the qualities of the judicial procurator, as for the postulator procurator (Muniz). It is also obvious, moreover, that the substitution cannot take place in Rome, where the postulator has his fixed seat.
VIII. POSTULATOR GENERAL
Although the CIC neither approves nor disapproves of this institution (can. 2005), there is no religious Order or Congregation of any importance that does not have a postulator general (constituted by a procuratorial mandate given by the superior general or by the General Chapter, according to the constitutions, and resident at the general Curia), whose task consists in handling and promoting all the causes of his own Institute, of filial and dependent Institutes, as well as causes even extraneous to them. This task, in ancient times, fell within the office of the procurator general (v.), who, however, in carrying it out, made extensive use of the work of one or more religious (one even for several causes), keeping for himself only the administrative or economic part of the cause; but, with the multiplication of the causes of each Institute, this same task gradually detached itself from the office of the procurator and formed a charge of its own. The first idea of a procurator of canonizations in the Society of Jesus arose at the beginning of the pontificate of Clement X (1670-76); it was possible, however, to put it into effect only much later, and precisely in 1854, the year in which the charge of postulator general was born, distinct from that of procurator general. In this the Jesuit Fathers were preceded by the Capuchin Fathers who, as appears from reliable documents, already in 1678 had their postulator general. To the general postulation of the Friars Minor, whose origin goes back to 1688, is owed the Codex pro postulatoribus (Lauri-Fornari-Santarelli, 4th ed., Rome 1929), a kind of theoretical-practical manual of the whole procedure. An eminent figure of postulator general was had by the Passionist Fathers in the last century in Fr. Vincenzo Maria Strambi (v.), later bishop and saint: he is today the private patron of the Roman postulators.
IX. DUAL FUNCTION OF THE POSTULATOR
Besides the procedural task, the office (not, indeed, the function, can. 145 § 18, as the CIC improperly writes, can. 2007) of the postulator also entails an economic-administrative task. The most important duties inherent in both tasks during the course of the cause, on the basis of the CIC and of practice, may be summarized as follows: a) Procedural task. — As a general rule: the postulator (whether actor or procurator) must act, that is, fulfill the part of actor before the competent judges for the various and successive processes, whoever they may be and whatever their authority (can. 2007 n. 1). As particular rules, the postulator (whose legitimate person is presumed already duly recognized [can. 2006 §§ 1 and 2]), must: a) address to the judge the libellus supplex for the beginning of the process: for the ordinary process (can. 2038 § 2); for apostolic processes (cann. 2087 § 1 and 2091 § 1); b) take in the first session the calumniae oath (can. 2037 § 4); c) present to the tribunal (ordinary and apostolic) the list or notula of witnesses (can. 2007, n. 3); d) compose and present to the promoter of the faith (diocesan and general) the articles on which the witnesses are to be interrogated in the individual processes (can. 2007, n. 4), after the interrogations, derived from the same articles; e) exhibit to the tribunal (ordinary and apostolic) the documents to be inserted in the acts (can. 2007, n. 3). Naturally the list of witnesses, the articles and the documents must correspond to the particular object of each process: de non cultu, fame of holiness or of martyrdom, heroic virtues, martyrdom and its cause, miracles; and must, moreover, be in harmony with the norms sanctioned for that purpose by the CIC. Therefore, for example, for the witnesses in the various processes one must above all keep in mind the canons that prescribe their number and quality, namely: cann. 2020 § 1 and 2057 (de non cultu); cann. 2050, 2020 § 2, 2024, 2030 (fame of holiness and of martyrdom); cann. 2020 § 3, 2024, 2033 § 1 (virtues and martyrdom); cann. 2020 § 7, 2028 (miracles). Similarly for the articles (can. 2050 § 3) and for the documents (can. 2036 § 1); the latter of which are of fundamental importance in historical causes, the preparation of which is reserved to the section of the same name of the S. Congr. of Rites. From the whole of such duties, which he fulfills also through the advocate and the procurator, it is clear that he, although not holding a directive role in the cause (as has been erroneously written), nonetheless has a central place in the entire procedure. Since, moreover, a cause cannot be handled either honestly or procedurally (by presenting the articles, the witnesses, etc.), without a thorough knowledge of the proofs at its disposal, it is held, against the opinion of some canonist (Blat), that the prohibition of Urban VIII for the informationes extrajudiciales is to be considered as abrogated; all the more so because the CIC does not speak of it. b) Economic-administrative task. - During the entire course of the cause, whether before the Ordinary of the place or before the S. Congr. of Rites, the postulator must cover the expenses that arise; and must administer the money collected for that purpose, according to the instructions of the Holy See (can. 2007, n. 2). The CIC does not specify such instructions, because they vary according to the needs of the times. The latest provisions issued in this regard are those published with the decr. of the S. Congr. of Rites of 17 Sept. 1885; provisions which the same S. Congr. of Rites updated on 28 Dec. 1932 and, lastly, on 2 Oct. 1935, in Norme da'seguirsi ecc. (pp. 15-16).
X. COMPLEMENTARY FUNCTION OF THE POSTULATOR
The postulator, after the decree of the "tuto," which for formal beatification (for equivalent beatification: cann. 2134-35) marks the end of the debate in one phase of the cause (can. 2124), but for canonization marks the end of the cause (can. 2140), according to the practice which for canonization is also recognized by the CIC (can. 2141), must extend his activity to the entire cycle of rites and celebrations (religious ceremony in the basilica of St. Peter, triduum and novena in other churches, etc.), which worthily frame in a setting of apotheosis the proclamation of a new blessed or a new saint. What he does for the lessons in the breviary, the Mass, the elogium in the Martyrology, etc., lies outside the procedural field and touches on the liturgical one.