Causes and Proofs for Removal of a Pastor

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This thesis has been submitted to the Faculty of the School of Canon Law of The Catholic University of America, Washington, D.C. in partial fulfillment of the requirements for the degree Licentiate in Canon Law.

Copyright © 2006 by Jason A. Gray
All rights reserved.

Other persons are permitted to copy, distribute, or display this work with the following provisions:   Reproduction of this work must contain proper attribution to the author.  No reproduction of this work is allowed for commercial purposes.   This text may not be used to produce a derivative work, whether by altering, transforming, or building on this text.

This thesis is cited as follows:  Gray, Jason A., Causes and Proofs for Removal of a Pastor (Peoria, IL: Lulu Press, 2006).   The edition of this thesis in the library of the Catholic University of America is paginated differently and is cited as follows:   Gray, Jason A., “The Causes and Proofs in the Removal of a Pastor” (JCL Thesis, The Catholic University of America, 2006).

Other permissions to copy, distribute, display, or reprint this work require the expressed permission of the author.


Table of Contents


Chapter I:  The Standard for Removal in Canon 1740

     Part A:  Exegesis of Canon 1740

     Part B:  The Ministry of the Pastor
          Ministry of the Word (C. 528 §1)
          Ministry of the Sacred Liturgy (Cc. 528 §2 and 530)
          Ministry of Pastoral Governance (C. 529 §1)
          Ministry of Ecclesiastical Communion (C. 529 §2)
          Financial Administration (C. 532)
          Other Causes of a Pastor’s Harmful or Ineffective Ministry

Chapter II:  The Causes for Removal in Canon 1741

     Detriment or Disturbance to Ecclesiastical Communion (C. 1741, 1º)
     Ineptitude or Infirmity (C. 1741, 2º)
     Loss of a Good Reputation or Aversion to the Pastor (C. 1741, 3º)
     Neglect or Violation of Parochial Duties (C. 1741, 4º)
     Poor Administration of Temporal Affairs (C. 1741, 5º)
     Other Possible Causes

Chapter III:  The Collection and Evaluation of Proofs

     Part A:  The Instruction of a Cause for Removal (C. 1742 §1)
          The Right of Defense and Right to a Good Name

     Part B:  The Collection of Proofs
          The Declarations of the Pastor (Cc. 1530-1538)
          Proof through Documents (Cc. 1539-1546)
          Witnesses and Testimonies (Cc. 1547-1573)
          Experts (Cc. 1574-1581)
          Judicial Examination and Inspection (Cc. 1582-1583)
          Presumptions (Cc. 1584-1586)
          The Purpose of the Proofs