Scholion. On the Reduction of a Cleric to the Lay State

I. Modes of Reduction. 1. A minor cleric returns to the lay state:

a) By the fact itself: 1° if he has entered marriage, except in the case in which the marriage was null because of force or fear inflicted on him (can. 132, § 2); 2° if by his own authority and without legitimate cause he has put aside ecclesiastical habit and tonsure, and, when warned by the Ordinary, has not amended himself within a month (can. 136, § 3); 3° if of his own accord he has given his name to military service, except in the case in which he did this with the permission of the Ordinary, so that he might become free more quickly (can. 141).

b) By his own will, after the local Ordinary has been forewarned (can. 211, § 2).

c) By decree of the Ordinary issued for a just cause, namely if the Ordinary, all things having been weighed, has prudently judged that the cleric cannot, with the decorum of the clerical state, be promoted to sacred orders (can. 211, § 2).

2. A major cleric is reduced to the lay state:

a) By rescript of the Holy See (can. 211, § 1).

b) By decree or sentence according to the norm of can. 214 (can. 211, § 1); this can. 214 establishes: A cleric who, compelled by grave fear, received a sacred order and afterwards, once the fear was removed, did not ratify that same ordination at least tacitly by the exercise of the order, while nevertheless willing by such an act to subject himself to clerical obligations, is to be reduced to the lay state by sentence of the judge, after the coercion and the lack of ratification have been legitimately proved, without any obligations of celibacy and canonical hours.

c) By the penalty of degradation (can. 211, § 1).

II. Effects of Reduction. All who have legitimately been reduced from the clerical state to the lay state, or have returned to it, by that very fact lose offices, benefices, clerical rights and privileges, and are forbidden to go about in ecclesiastical habit and to wear tonsure (can. 213, § 1); nevertheless a major cleric is held by the obligation of celibacy, except in the case of which there was discussion under 2, b.

III. Cessation of Reduction. 1. For one constituted in minor orders who has returned to the lay state for any cause whatever to be admitted again among clerics, permission of the Ordinary of the diocese to which he was incardinated by ordination is required; this is not to be granted except after a diligent examination concerning life and morals, and a suitable trial, according to the judgment of the Ordinary himself (can. 212, § 1).

2. A major cleric who has returned to the lay state, in order to be admitted again among clerics, needs permission of the Holy See (can. 212, § 2).