Exemption (church)

Exemption ( Latin for " spin-off " correctly actually Exemption from Latin exemptio ) is a predominantly legal term. In the actual narrower sense, it refers to the utter dissolution of persons, institutions or places from the Courts Association ( Court of freedom ) and the award of its own jurisdiction. In a broader sense, the exemption is any exemption from the ordinary jurisdiction and the recognition of a separate jurisdiction ( privilege [ electionis ] fori ) → immunity. This exemption was German in the Holy Roman Empire, a reserve law of the emperor. Common than the noun the adjective is associated exemt or exempts in terms such as: exemtes monastery and exemtes diocese. The exemption is also known as exemption from military service in the 18th and 19th centuries.

Exemption in the Catholic Church

' Exemption ' is a canonical term. In the Catholic Church is meant by the exemption in the past frequently applied and in church history often controversial spin-off of certain persons, institutions or places from the canonical jurisdiction actually competent ecclesiastical superior and their subordination to a higher authority, usually the Pope. A distinction in the legal history of the partial exemption ( exemptio partialis ) and the complete liberation ( exemptio totalis ) from the subordination to the Iurisdiktion the next regular Superiors (→ Professor (church) ).

In the Middle Ages, many dioceses, religious, universities and monasteries have obtained the exemption. Of particular importance was the exemption for orders and monasteries, which were obtained by this status a certain legal autonomy from the local and regional church officials.

Examples

  • The exemption of the Diocese of Pavia from the Metropolitan Association and the direct subordination to the Pope in the 7th century is the first historically tangible exemption in the Western Church.
  • The first monasteries, which are mentioned in connection with the exemption, are the columbanische monastery of Bobbio in northern Italy and Luxeuil in France. Both received this papal privilege already 628 It guaranteed them next to the Bishop of freedom, the direct subordination to the Pope.
  • The Abbey of Cluny was already exemt at its foundation 910. Since then, the exemption was especially in the age of Gregorian reform and associations all over the monastery, then in the 12th and 13th centuries, even total medals awarded ( Knight and mendicant orders ).

From the late Middle Ages, the exemption is increasingly seen as an obstacle to attempts at reform and clearly restricted to the Council of Trent.

The exemption was granted on application to the Holy See by papal indult ( pardon ). Often such a request was not granted. So the Diocese of Passau sought for centuries in vain to an exemption with respect to the archbishopric of Salzburg. In the Code of Canon Law of 1983, the exemption is hardly mentioned. Habit Legally they can but endure and be regulated in diocesan right. Current exemte dioceses are often in small states ( with only one diocese ) or politically at least somewhat disputed areas to be found; today include the Archdioceses Luxembourg, Vaduz and Strasbourg and the bishoprics of Metz, Gibraltar, Skopje, Oslo etc. exemt. A real exception is Switzerland, where all six dioceses are exemt.

Exemption from estates lists

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