Canons Cited in Thomas Doyle's Davenport
486 - §1. 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
§3. An inventory, or catalog, of the documents which
are contained in the archive is to be kept with a brief synopsis of each
487 - §1. 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.
§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
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.
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. Each 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
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
§3. Documents are not to be removed from the secret
archive or safe.
1395 - §1. A
cleric who lives in concubinage, other than the case mentioned in can.
1394 [on "a cleric who attempts marriage"], and a cleric who
persists with scandal in another external sin against the sixth commandment
of the Decalogue is to be punished by a suspension. If he persists in
the delict after a warning, other penalties can gradually be added, including
dismissal from the clerical state.
§2. A cleric who in another way has committed an
offense against the sixth commandment of the Decalogue, if the delict
was committed by force or threats or publicly or with a minor below the
age of sisteen years, is to be punished with just penalties, not excluding
dismissal from the clerical state if the case so warrants.
1717 - §1. Whenever
an ordinary has knowledge, which at least seems true, of a delict, he
is carefully to inquire personally or through another suitable person
about the facts, circumstances, and imputability, unless such an inquiry
seems entirely superfluous.
§2. Care must be taken so that the good name of
anyone is not endangered from this investigation.
§3. The person who conducts the investigation has
the same powers and obligations as an auditor in the process; the same
person cannot act as a judge in the matter if a judicial process is initiated
1719 - The acts of the investigation,
the decrees of the ordinary which initiated and concluded the investigation,
and everything which preceded the investigation are to be kept in the
secret archive of the curia if they are not necessary for the penal process.
Text from John P. Beal, James A. Coriden, and Thomas J. Green, eds., New
Commentary on the Code of Canon Law (New York: Paulist Press, 2000).