Title XXVII: Of the Manner of Proceeding in the Removal of Irremovable Pastors

§ 1. An irremovable pastor can be removed from his parish for a cause which renders his ministry harmful or at least ineffective, even short of grave fault of his own.

§ 2. These causes are especially those which follow:

1° Lack of skill or permanent infirmity of mind or body, which renders the pastor unequal to duly discharging his duties, if, in the judgment of the Ordinary, provision for the good of souls cannot be made through an assistant vicar according to the norm of can. 475.

2° Hatred of the people, although unjust and not universal, provided that it is such as impedes the useful ministry of the pastor, and it is foreseen that it will not cease shortly.

3° Loss of good reputation among upright and weighty men, whether this arises from the pastor's light manner of living, or from an old crime of his which, recently detected, is now exempt from penalty by reason of prescription, or from the deed of familiars and blood relatives with whom the pastor lives, unless by their departure provision has been made sufficiently for the pastor's good fame.

4° A probable hidden crime, imputed to the pastor, from which the Ordinary prudently foresees that great offense of the faithful could arise in the future.

5° Bad administration of temporal things with grave damage to the church or benefice, whenever a remedy cannot be brought to this evil either by taking administration away from the pastor or in another way, although otherwise the pastor usefully exercises the spiritual ministry.

§ 1. As often as, in the prudent judgment of the Ordinary, a pastor seems to have fallen into one of the causes of which in can. 2147, the Ordinary himself, after two examiners have been heard and the truth and gravity of the cause have been discussed with them, is to invite the pastor in writing or orally to make resignation of the parish within a certain time, unless there is question of a pastor laboring under defect of mind.

§ 2. The invitation, so that the acts may be valid, must contain the cause which moves the Ordinary and the arguments on which it rests.

§ 1. If the pastor within the appointed days neither resigns nor petitions delay nor attacks the causes invoked for removal, the Ordinary, after it has been established both that the invitation to resign, duly made, became known to the pastor and that he was not legitimately impeded from responding, is to remove him at once from the parish, without being held to the prescription of can. 2154.

§ 2. But if it is not established concerning the two circumstances indicated above, the Ordinary is to provide opportunely either by repeating the invitation to resign or by proroguing the useful time for responding.

§ 1. If the pastor resigns the parish, the Ordinary is to declare the parish vacant by the resignation.

§ 2. But the pastor, in place of the cause invoked by the Ordinary, can bring forward another for resigning less troublesome or less grave to himself, provided that it is true and honorable, e.g., that he may comply with the desires of the Ordinary.

§ 3. Resignation can be made not only purely and simply, but also under condition, provided that this condition can be legitimately accepted by the Ordinary and is actually accepted, and with the prescription of can. 186 remaining firm.

If the pastor wishes to attack the cause adduced in the invitation, he can petition delay for bringing forward proofs, which the Ordinary can grant according to his prudent judgment, provided that it is not going to yield to the detriment of souls.

§ 1. The Ordinary, so that he may act validly, after the same examiners of whom in can. 2148, Sec. 1 have been heard, is to weigh, approve, or reject the reasons adduced by the pastor against the invitation.

§ 2. The decision, whether it has been affirmative or negative, is to be signified to the pastor by decree.

§ 1. Against a decree of removal the pastor can within ten days interpose recourse before the same Ordinary, who, lest he act invalidly, must, after two pastor-consultors have been heard, examine, approve, or reject new allegations to be produced by the same pastor within ten days from the interposed recourse, together with the reasons first brought forward.

§ 2. The pastor can introduce those witnesses according to the norm of can. 2145, Sec. 1 whom he has proved that he could not introduce the first time.

§ 3. Let the decision be made known to the pastor by decree.

§ 1. Once the pastor has been removed, the Ordinary, the examiners or pastor-consultors who had a part in decreeing the removal having been called into counsel, is to provide as best he can either by transfer to another parish or by assignment of another office or benefice, if he is suitable for these, or by pension, as the case bears and circumstances permit.

§ 2. Other things being equal, in provision favor is to be shown more to one resigning than to one removed.

The Ordinary can dispatch the business of the new provision of the removed pastor either by the decree of removal itself or afterward, yet as soon as possible.

§ 1. A priest removed from a parish must as soon as possible leave free the parochial house and hand over all things which pertain to the parish to the new pastor or to an administrator deputed meanwhile by the Ordinary.

§ 2. But if there is question of an infirm man who cannot without inconvenience be transferred elsewhere from the parochial house, the Ordinary is to leave to him its use, even exclusive, while the same necessity lasts.