Policy
Sacramental records are of a mixed nature: private and public. They are private in that they are intended to document an individual's status within the Church. They were originally created in circumstances presumed to be private and confidential. Sacramental records are public in that they will stand in civil law as valid and authentic evidence when an appropriate civil record does not exist. So, although these records are public in that they stand in civil law, they are not public in the sense that they are open to immediate examination and inspection by anyone for whatever reason. For example, civil records of birth are public records restricted from use for long periods of time. It is the same with the sacramental records of the Church. Restrictions on access may therefore be legitimately imposed without violating the essential private and public nature of the records.
Access to sacramental records is affected by the passage of time. More recent records generally require greater restrictions on access than older records. As current events become historical events, the need for withholding them from use is reduced and in some cases may eventually disappear. Therefore broader access may be allowed to older records than to more recent ones.
Sacramental records are closed to the general public after 1930. This policy is based on Federal Census Guidelines and is consistent with the recommendations of the Association of Catholic Diocesan Archivists. You may place a request for copies of your own sacramental record or copies of records before 1931 for genealogical purposes by completing the sacramental request form.
Canons Relating to the Archives
Text: Coriden, James A., Thomas J. Green, Donald E. Heintschel, eds., The Code of Canon Law: A Text and Commentary. New York : A Paulist Press, 1985.
The Chancellor, Vice-Chancellor, and Notaries
Canon 482 - §I. In every curia a chancellor is to be appointed whose principal function, unless particular law establishes otherwise, is to take care that acts of the curia are gathered, arranged, and safeguarded in the archive of the curia. §2. If it seems necessary, the chancellor can be given an assistant whose title is to be vice-chancellor. §3. By reason of being chancellor and vice-chancellor, they are notaries and secretaries of the curia.
Commentary p.635-636: While the chancellor has the responsibility to see that the curial records are properly maintained, the actual task of systematic arrangement and preservation will often be assumed by a professional archivist if the chancellor is not trained or skilled in these areas. In fact, the drafters of this canon assumed that such a professional would be available especially for the maintenance of historical records.
In the Archdiocese of St. Louis, this canon is addressed through the appointment of a professional archivist who is an ecclesiastical notary. The Director of Archives reports to the Chancellor and works with the Chancellor for Canonical Affairs.
Canon 483 - §I. Besides the chancellor, other notaries can be appointed whose writing or signature establishes authenticity for any acts, for judicial acts only, or for acts of a certain case or affair only.§2. The chancellor and notaries must be of unimpaired reputation and above all suspicion. In cases in which the reputation of a priest can be called into question, the notary must be a priest.
Commentary p.636-637: While the appointment of a chancellor is mandated, the appointment of additional notaries is an option that can be exercised by the diocesan bishop. … The areas of competence for these notaries should be indicated in their letters of appointment … By the act of signing a document the notary attests to its authenticity.
Functions of Notaries
Canon 484- It is the duty of notaries:
1⁰ to draw up the acts and instruments regarding decrees, dispositions, obligations, or other things which require their action;
2⁰ to record faithfully in writing what has taken place and to sign it with a notation of the place, day, month, and year;
3⁰ having observed what is required, to furnish acts or instruments to one who legitimately requests them from the records and to declare copies of them to be in conformity with the original.
Removal from Office
Canon 485- The chancellor and other notaries can be freely removed from office by the diocesan bishop, but not by a diocesan administrator except with the consent of the college of consultors.
Archives (general, secret and historic)
General Archive
Canon 486 - §I. All documents which regard the diocese or parishes must be protected with the greatest care.
§2. In every curia, there is to be erected in a safe place a diocesan archive, or record storage area, in which instruments and written documents which pertain to the spiritual and temporal affairs of the diocese are to be safeguarded after being properly filed and diligently secured.
§3. An inventory, or catalog, of the documents which are contained in the archive is to be kept with a brief synopsis of each written document.
Commentary- p. 639 To safeguard valuable documents and provide insurance against the possibility of destruction of important parochial records, many; diocese maintain back-up copies of parish registers or other important documents such as titles to parish property. These records are often maintained in microfilm or microfiche form. Computer or digital files are also being employed for such back-up purposes.
Professional archivists will be of assistance in assessing the appropriateness of the selected site, taking into consideration such consideration as temperature stability, humidity levels, lighting, and storage containers.
The archivist determines the value of records based on their administrative, legal, fiscal , historic, or sacramental uses. Securing the records is an important dimension of their safeguarding. [Records and documents] are stored to serve as documentary proofs of facts…historical evidence regarding decisions made and actions taken. … A well ordered inventory of archival holdings is essential if records are to be retrievable and useable.
Security and Access
Canon 487- §I. The archive must be locked and only the bishop and chancellor are to have its key. No one is permitted to enter except with the permission either of the bishop or of both the moderator of the curia and the chancellor.
Commentary- p.641 Access to the archive is limited. However the statement in this canon regarding such access must be carefully interpreted. … Therefore the phrase “no one” cannot be taken literally. Likewise, if a professional archivist is to assist the chancellor in organizing and maintaining the archive, reasonable access must be permitted that person.
§2. Interested parties have the right to obtain personally or through a proxy an authentic written copy or photocopy of documents which by their nature are public and which pertain to their personal status.
Separate from the issue of access to the archive itself is the issue of access to documents or records contained therein. Public ecclesiastical documents are those which have been drawn up by an ecclesiastical official according to legal formalities. [Examples are decree establishing an individual office which an individual holds, and rescripts such as laicization documents. ]
… a bishop should establish a diocesan policy describing which records should be considered under the canon’s category of “documents which are by their nature public, and which pertain to …personal status.
[Develop policies on potentially conflictual matters.]
Removal of Documents
Canon 488- It is not permitted to remove documents from the archive except for a brief time only and with the consent either of the bishop or of both the moderator of the curia and the chancellor.
Commentary- p.642 Authorization for removal of documents parallels authorization for access to the archive. The same principles noted above regarding permissions can be applied here.
The Secret Archive
Canon 489 - §1. In the diocesan curia, there is also to be a secret archive, or at least in the common archive there is to be a safe or cabinet, completely closed and locked, which cannot be removed; in it documents to be kept secret are to be protected most securely.
§2. Every year documents of criminal cases in matters of morals, in which the accused parties have died or ten years have elapsed from the condemnatory sentence, are to be destroyed. A brief summary of what occurred along with the text of the definitive sentence is to be retained.
Commentary- p. While it is the responsibility of the chancellor to maintain the secret archive, it is the diocesan bishop who in part determines the contents. He may delegate the chancellor to share in this task.
Access to the Secret Archive
Canon 490 - §1. Only the bishop is to have the key to the secret archive.
§2. When a see is vacant, the secret archive or safe is not to be opened, except in a case of true necessity by the diocesan administrator himself.
§3. Documents are not to be removed from the secret archive or safe.
Historical Archives
Canon 491 - §1. The diocesan bishop is to take care that the acts and documents of the archives of cathedral, collegiate, parochial and other churches in his territory are preserved and that inventories or catalogs are to be made in duplicate, one of which is to be preserved in the archive of the church and the other in the diocesan archive.
§2. A diocesan bishop is also to take care that there is an historical archive in the diocese and that documents having an historical value are diligently protected and systematically ordered in it.
§3. In order to inspect or remove the acts and documents mentioned in §I and 2 the norms established by the diocesan bishop are to be observed.
Commentary p.644 Archival science has developed as a specialized field. It is not feasible that every parish retain the services of a professional archivist. Therefore if one is employed by the diocese, or if the chancellor is such a professional, that person’s position description should include consultative services to parishes and other diocesan institutions. Since the bishop is obliged to inspect such records personally or through a delegate (c.535, 4) he could delegate such a professional archivist to assist him in the inspection and assessment of the quality of parochial archives .
Diocesan archivists may also provide regional in-service programs for those charged with maintaining parochial or other ecclesial records.
If a diocese employs a professional archivist, such an individual should have professional contact with other ecclesiastical archivists.
The preservation of parochial and other church records is also a significant issue when parishes are merged or suppressed or churches are closed. Clearly established norms and procedures should ensure that such records are not destroyed or lost and that access to them is provided for.
This issue is even more critical regarding sacramental records. In some cases, dioceses have determined that the records of merged parishes will be maintained at the new parish that results from the merger. In cases of suppression, records of the former parish are often maintained by the parish which assumes responsibility for the suppressed parish’s previous territory, or, if there is more than one, a designated parish. In other cases dioceses have determined that all documents and registers from merged or suppressed parishes will be maintained in the diocesan archive. Regardless of the option chosen, there should be consistency in practice and carefully maintained indications of where documents and registers can be located.
The material held in the historical archive should be readily available for purposes of research. The diocesan bishop is to issue norms regarding access to and removal of material from church and historical archives. In establishing such norms, the bishop will need to balance the issues of security with those of scholarly research. He can use standards established for access to government archives as well as those for access to ecclesiastical ones, such as, the Vatican archives.
Parochial Registers, Seal, and Archive
Canon 535 - § 1. Each parish is to have parochial registers, that is, those of baptisms, marriages, deaths, and others as prescribed by the conference of bishops or the diocesan bishop. The pastor is to see to it that these registers are accurately inscribed and carefully preserved. [c. 491 §1 extends this requirement to other churches as well. ]
§2. In the baptism register are also to be noted confirmation and those things which pertain to the canonical status of the Christian faithful by reason of marriage without prejudice to the prescript of can. 1133, of adoption, of the reception of sacred orders, of perpetual profession made in a religious institute, and of change of rite. These notations are always to be noted on a baptism certificate.
§3. Each parish is to have its own seal. Documents regarding the canonical status of the Christian faithful and all acts which can have juridic importance are to be signed by the pastor or his delegate and sealed with the parochial seal.
§4. In each parish there is to be a storage area, or archive, in which the parochial registers are protected along with letters of bishops and other documents which are to be preserved for reason of necessity or advantage. The pastor is to take care that all of these things, which are to be inspected by the diocesan bishop or his delegate at the time of visitation or at some other opportune time, do not come into the hands of outsiders.
§5. Older parochial registers are also to be carefully protected according to the prescripts of particular law.
Commentary p.707 The specific registers envisioned are for baptisms (cc. 877-878) marriages (c. 1121) , deaths (c. 1182) and other events as prescribed either by the conference of bishops or the diocesan bishop. Examples of registers required by particular law are: the confirmation register (c. 895), the first communion register and the register for the reception of baptized non-Catholics into full communion.
The pastor has the obligation to see that the parochial registers are accurately inscribed and carefully preserved
Special consideration is given to the baptism register. It is to contain not only data concerning a person’s baptism but also data about confirmation (c.895), marriage (cc. 1122-23, 1685, 1706), adoption (c. 877, §3), reception of sacred orders (c. 1054) perpetual religious profession, and change of rite. All these annotations are always to be noted on a baptismal certificate.
Other canons mention other books to be maintained by each parish.
Canon 788, § 1mentions the book inscribing the names of catechumens
Canon 598 calls for a parochial book recording Mass offerings and obligations; canon 1307 §2 call for a book to record the offerings and obligation of pious foundations. The pastor, administrator of the juridic person which is the parish must keep well organized books of parochial receipts and expenditures (c. 1284, §2, 7⁰);
Each parish is to have its own archive (or storage area (which protects letters of bishops and other documents to be preserved that are necessary or useful. The pastor is to make sure that the contents of the archives do not come into the hands of outsiders. The diocesan bishop or his delegate is to inspect the archive at the time of the visitation (see cc. 396-398). The archive would certainly contain the aforementioned parish books and the prenuptial investigation files (see c. 1067)
Establishing Proof of Baptism
Canon 875 - A person that administers baptism is to take care that, unless a sponsor is present, there is a witness who can attest to the conferral of the baptism.
Canon 876 - To prove the conferral of baptism, it prejudicial to no one, the declaration of one witness beyond all exception is sufficient or the oath of the one baptized if the person received baptism as an adult.
Commentary – p. 1064 This canon is an exception to the general rule that the testimony of a single witness cannot normally provide full proof (c1573). The canon notes that for the testimony of a single witness to provide full proof of baptism, the witness must be above suspicion. [However may not be sufficient proof in “prejudicial cases where the rights of another may be adversely affected such as a contested marriage case if the declaration of nullity rests on the proof or disproof of a person’s baptism.]
Recording of the Baptism
Canon 877 - § 1. The pastor of the place where the baptism is celebrated must carefully and without any delay record in the baptism register the names of the baptized, with mention made of the minister, parents, sponsors, witnesses, if any, the place and date of the conferral of the baptism, and the date and place of birth.
§2. If it concerns a child born to an unmarried mother, the name of the mother must be inserted, if her maternity is established publicly or if she seeks it willingly in writing or before two witnesses. Moreover, the name of the father must be inscribed if a public document or his own declaration before the pastor and two witnesses prove his paternity; in other cases, the name of the baptized is inscribed with no mention of the name of the father or the parents.
§3. If it concerns an adopted child, the names of those adopting are to be inscribed and, at least if it is done in the civil records of the region, also the names of the natural parents according to the norms of § 1 and §2 with due regard for the prescripts of the conference of bishops.
Canon 878 - If the baptism was not administered by the pastor or in his presence, the minister of baptism, whoever it is, must inform the pastor of the parish in which it was administered of the conferral of the baptism, so that he records the baptism according to the norm of c. 877, § 1.
The Sacrament of Confirmation
Canon 895 - The names of those confirmed with mention made of the minister, the parents and sponsors, and the place and date of the conferral of confirmation are to be recorded in the confirmation register of the diocesan curia or where the conference of bishops or the diocesan bishop has prescribed it, in a register kept in the parish archive. The pastor must inform the pastor of the place of baptism about the conferral of confirmation so that a notation is made in the baptismal register according to the norm of c. 535, § 2.
The Notation and Testimonial of Ordination Conferred
Canon 1053 - § 1. After an ordination has taken place, the names of those ordained and of the ordaining minister and the place and date of the ordination are to be noted in a special register to be noted in a special register to be kept carefully in the curia of the place of ordination; all the documents of individual ordinations are to be preserved carefully.
§ 2. The ordaining bishop is to give each of the ordained an authentic testimonial of the reception of ordination; if a bishop other than their own promoted them with dimissorial letters, they are to show the testimonial to their own ordinary for notation of the ordination in a special register to be kept in the archive.
Recording Decrees of Nullity in Sacramental Registers
Canon 1685 – As soon as the sentence is executed, the judicial vicar must notify the local ordinary of the place in which the marriage was celebrated. The local ordinary must take care that the declaration of the nullity of the marriage and any possible prohibitions are noted as soon as possible in the marriage and baptismal registers.
Dispensation of a Marriage Ratum et non Consummatum – Rescript, Notification and Recording
Canon 1706 – The Apostolic See transmits the rescript of the dispensation to the bishop who will notify the parties about the rescript and also as soon as possible will order the pastor both of the place where the marriage was contracted and of the place of baptism to note the granting of the dispensation in the marriage and baptismal registers.