DEPOSITION. — This is one of the gravest ecclesiastical penalties that can be inflicted upon a cleric, though it is inferior state (v.) degradation (v.); it is classified among vindictive penalties (v.).
Examples of it are found from the earliest centuries, although often under the name of degradation (or, more rarely, under other designations); it could have various degrees, sometimes entailing only deprivation of office, at other times deprivation of office and transfer to a lower order, and at still other times simple transfer to a less important office, or other less serious effects. Generally, however, it was the gravest of the penalties that could be inflicted upon clerics, since it entailed the loss of all offices and of all rights, including honorary rights, inherent in the ecclesiastical state, and placed the cleric in the same juridical condition as laymen, with only the privilegium canonis and the privilegium fori (v. PRIVILEGI DEI CHIERICI) remaining to him.
In the twelfth century (cf. in the CIC the decretals of Lucius III, Celestine III, and Innocent III: c. 8, X, II, 1; c. 9, X, V, 7; c. 10, X, II, 2; c. 7, X, V, 20), following the insistence of the civil authorities that they should be permitted to judge clerics guilty of the gravest crimes, deposition was clearly distinguished from degradation: the former entailed neither reduction to the lay state nor loss of privileges.
With minor differences of detail, this distinction has remained to the present day (in the Eastern Church, a distinction is made instead between major and minor deposition, since the term degradation is little used).
In the CIC, deposition entails, for the cleric subjected to it: a) suspension (v.) from office; b) incapacity for any office, benefice, dignity, pension, or ecclesiastical assignment, and the loss of any such position he may already hold. The loss of office, benefice, etc., also occurs when it constitutes for the title of ordination (v.); but in that case, if the cleric lacks the means to live adequately, the Ordinary must endeavor to provide him with some means of support, so that the dignity of the ecclesiastical state may be preserved (can. 2303 §§ 1-2).
The deposed cleric retains all the obligations arising from his ordination, and likewise retains his privileges (can. 2303 § 1). If he gives no signs of amendment, and especially if he persists in causing scandal and does not repent despite having been admonished, the Ordinary may deprive him permanently of the right to wear ecclesiastical dress (v. ABITO ECCLESIASTICO): and with
DEPOSIZIONE - D. attributed to Dirck Bouts (15th century). Detail of the triptych in the Royal Chapel - Granada, Cathedral.
With this, the guilty party also loses his privileges, and the obligation of the Ordinary to ensure that he does not lack sustenance also ceases (can. 2304).
Deposition may be imposed only by a judgment issued, following a regular trial, by a panel of five judges (can. 1576 § 1, n. 2); and it may be applied only for those offenses for which it is expressly provided (can. 2303 § 3), which at present are: 1) heresy, but only after a double warning (can. 2314 § 1, n. 2); 2) sacrilege involving the sacred species (can. 2320); 3) the simulated celebration of Mass or Confession by a cleric who is not a priest (can. 2322 n. 1); 4) violation of a corpse or tomb (can. 2328); 5) abortion (can. 2350 § 1); 6) serious offenses against persons or property (can. 2354 § 2); 7) serious offenses of lust (can. 2359 § 2); 8) prolonged violation of the obligation to wear ecclesiastical dress and to wear the tonsure (can. 2379); 9) unlawful persistence in an ecclesiastical office (cann. 2394, n. 2 and 2401).
For offenses carrying the penalty of deposition, judicial admonition (v.) is not applicable, nor is a suspended sentence (can. 2288).