Ecclesiastical emancipation

Last updated
Scale of justice, canon law.svg
Part of a series on the
Jurisprudence of
Catholic canon law
046CupolaSPietro.jpg Catholicismportal

The canon law of the Roman Catholic Church recognizes various meanings of the term emancipation.

Canon law is a set of ordinances and regulations made by ecclesiastical authority, for the government of a Christian organization or church and its members. It is the internal ecclesiastical law, or operational policy, governing the Catholic Church, the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislated, interpreted and at times adjudicated varies widely among these three bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council; these canons formed the foundation of canon law.

Contents

As release from ecclesiastical obedience

One was the release of a pupil of a cathedral school, a domicellaris , from subjection to the authority of the scholasticus, or head of the school. This emancipation took place with certain well-defined ceremonies, known in the old German cathedral schools as Kappengang.

Cathedral school

Cathedral schools began in the Early Middle Ages as centers of advanced education, some of them ultimately evolving into medieval universities. Throughout the Middle Ages and beyond, they were complemented by the monastic schools. Some of these early cathedral schools, and more recent foundations, continued into modern times.

The term emancipation is also applied to the release of a secular ecclesiastic from his diocese, or of a regular cleric from obedience and submission to his former superior, because of election to the episcopate. The petition requesting release from the former condition of service or submission, which the collegiate electoral body, or the newly elected person, must present to the former superior, is called postulatio simplex, in contradistinction to the postulatio sollemnis, or petition to be laid before the pope, in case some canonical impediment prevents the elected person from assuming the episcopal office. The document granting the dismissal from the former relations is called litterae dimissoriae or emancipatoriae.

Diocese Christian district or see under the supervision of a bishop

The word diocese is derived from the Greek term dioikesis (διοίκησις) meaning "administration". Today, when used in an ecclesiastical sense, it refers to the ecclesiastical district under the jurisdiction of a bishop.

It is not customary to use the term emancipation for that form of dismissal by which a church is released from parochial jurisdiction, a bishop from subordination to his metropolitan, a monastery or order from the jurisdiction of the bishop, for the purpose of placing such person or body under the ecclesiastical authority next higher in rank, or under the pope himself. This act is universally known as exemption.

In relation to slavery and Roman law

In ancient Rome emancipation was a process of law by which a slave released from the control of his master, or a son liberated from the authority of his father (patria potestas), was declared legally independent. The earliest ecclesiastical employment of this process was in the freeing of slaves.

The Church introduced in place of the elaborate formalities of the emancipatio the simpler form of the manumissio in ecclesiâ, [1] in which a simple statement to that effect by the master before the bishop and the congregation sufficed. The emancipation of a slave was especially necessary as a preliminary to his ordination. [2]

Similarly, the entrance of a son into a religious order, i.e. the taking of solemn vows, or the professio religiosa, carries with it in canon law his emancipation from the legal authority (patria potestas) of the father. No positive law, however, can be quoted on this point, nor does modern civil legislation recognize this consequence of religious profession.

Notes

  1. Cod., De his, qui in ecclesiâ manumittuntur, i, 13.
  2. c. i (Synod of Poitiers, 1078, can, viii), X, De filiis presbyterorum ordinandis vel non, I, xvii; c. iii (Fourth Synod of Toledo, 633, can. lxxiv), X, De servis non ordinandis et eorum manumissione, I, xviii.

Related Research Articles

Primate (bishop) high-ranking bishop in certain Christian churches

Primate is a title or rank bestowed on some archbishops in certain Christian churches. Depending on the particular tradition, it can denote either jurisdictional authority or (usually) ceremonial precedence.

Synod council of a church

A synod is a council of a church, usually convened to decide an issue of doctrine, administration or application. The word synod comes from the Greek σύνοδος (sýnodos) meaning "assembly" or "meeting", and it is synonymous with the Latin word concilium meaning "council". Originally, synods were meetings of bishops, and the word is still used in that sense in Catholicism, Oriental Orthodoxy and Eastern Orthodoxy. In modern usage, the word often refers to the governing body of a particular church, whether its members are meeting or not. It is also sometimes used to refer to a church that is governed by a synod.

Defrocking, unfrocking, or laicization of clergy is the removal of their rights to exercise the functions of the ordained ministry. It may be grounded on criminal convictions, disciplinary problems, or disagreements over doctrine or dogma, but may also be done at their request for personal reasons, such as running for civil office, taking over a family business, declining health or old age, desire to marry against the rules for clergy in a particular church, or an unresolved dispute. The form of the procedure varies according to the Christian denomination concerned. The term defrocking implies forced laicization for misconduct, while laicization is a neutral term, applicable also when clergy have requested to be released from their ordination vows.

Metropolitan bishop ecclesiastical office

In Christian churches with episcopal polity, the rank of metropolitan bishop, or simply metropolitan, pertains to the diocesan bishop or archbishop of a metropolis.

An ecclesiastical province is one of the basic forms of jurisdiction in Christian Churches with traditional hierarchical structure, including Western Christianity and Eastern Christianity. In general, an ecclesiastical province consists of several dioceses, one of them being the archdiocese, headed by metropolitan bishop or archbishop who has ecclesiastical jurisdiction over all other bishops of the province.

Holy Synod synod comprised of a group of bishops

In several of the autocephalous Eastern Orthodox churches and Eastern Catholic Churches, the patriarch or head bishop is elected by a group of bishops called the Holy Synod. For instance, the Holy Synod is a ruling body of the Georgian Orthodox Church.

Synod of Elvira synod

The Synod of Elvira was an ecclesiastical synod held at Elvira in the Roman province of Hispania Baetica, now Granada in southern Spain. Its date has not been exactly determined but is believed to be in the first quarter of the fourth century, approximately 305–6. It was one of three councils, together with the Synod of Arles (314) and the Synod of Ancyra, that first approached the character of general councils and prepared the way for the first ecumenical council. It was attended by nineteen bishops and twenty-six presbyters, mostly resident in Baetica. Deacons and laymen were also present. Eighty-one canons are recorded, although it is believed that many were added at later dates. All concern order, discipline and conduct among the Christian community. Canon 36, forbidding the use of images in churches, became a bone of contention between Catholic and Protestant scholars after the Protestant Reformation.

Ordinary (church officer) an officer of a church or civic authority who by reason of office has ordinary power to execute laws

An ordinary is an officer of a church or civic authority who by reason of office has ordinary power to execute laws.

Status in Roman legal system

In Roman law, status describes a person's legal status. The individual could be a Roman citizen, unlike foreigners; or he could be free, unlike slaves; or he could have a certain position in a Roman family either as head of the family, or as a lower member.

Enclosed religious orders

Enclosed religious orders of the Christian churches have solemn vows with a strict separation from the affairs of the external world. The term cloistered is synonymous with enclosed. In the Catholic Church enclosure is regulated by the code of canon law, either the Latin code or the Oriental code, and also by subsidiary legislation. It is practised with a variety of customs according to the nature and charism of the community in question.

Obreption and subreption are terms used in ancient Roman law and in the canon law applied by the Catholic church to species of fraud by which an ecclesiastical rescript is obtained.

The right of patronage in Roman Catholic canon law is a set of rights and obligations of someone, known as the patron in connection with a gift of land (benefice). It is a grant made by the church out of gratitude towards a benefactor.

The Convocations of Canterbury and York are the synodical assemblies of the bishops and clergy of each of the two provinces which comprise the Church of England. Their origins go back to the ecclesiastical reorganisation carried out under Archbishop Theodore of Canterbury (668-90) and the establishment of a separate northern province in 733. Until 1225 the synods were composed entirely of bishops, but during the thirteenth century more and more clergy were cited until by 1283 the membership was established as the bishops, deans, archdeacons and abbots of each province together with one proctor (representative) from each cathedral chapter and two proctors elected by the clergy of each diocese. The main purpose of the convocations was to take counsel for the well-being of the church and to approve canonical legislation, but in practice much time was spent in discussing the amount of tax to be paid to the Crown since the clergy were a separate estate of the realm and refused to be taxed in or through Parliament. Before the end of the nineteenth century, the Convocation of Canterbury, which was numerically very much larger, played the major role and the activity of the Convocation of York was often little more than giving formal approval to the decisions taken by the southern province.

From the time of St. Boniface, especially during periods of revival of religious and ecclesiastical life, synods were frequently convened by the bishops of Germany, and sometimes by those of individual ecclesiastical provinces. As the German bishops were, on the one hand, princes of the Holy Roman Empire, and the emperor was, on the other, the superior protector of the Roman Church, these synods came to have no little importance in the general ecclesiastical and political development of Western Christendom. Two general imperial synods were held in Augsburg.

"Appeal as from an abuse" is a legal term applied in the canon law of the Roman Catholic Church, meaning originally a legal appeal as recourse to the civil forum (court) against the usurpation by the ecclesiastical forum of the rights of civil jurisdiction. It could mean a recourse to the ecclesiastical forum against the usurpation by the civil forum of the rights of ecclesiastical jurisdiction.

Order of precedence in the Catholic Church

Precedence signifies the right to enjoy a prerogative of honor before other persons; for example, to have the most distinguished place in a procession, a ceremony, or an assembly, to have the right to express an opinion, cast a vote, or append a signature before others, to perform the most honorable offices.

In ecclesiastical terminology, an Auditor is a person given authority to hear cases in an ecclesiastical court.

For the legal system of ecclesiastical canons, see Canon law and Canon law.

A decree is, in a general sense, an order or law made by a superior authority for the direction of others. In the usage of the canon law of the Catholic Church, it has various meanings. Any papal Bull, Brief, or Motu Proprio is a decree inasmuch as these documents are legislative acts of the Pope. In this sense the term is quite ancient. The Roman Congregations were formerly empowered to issue decrees in matters which come under their particular jurisdiction, but were forbidden from continuing to do so under Pope Benedict XV in 1917. Each ecclesiastical province, and also each diocese may issue decrees in their periodical synods within their sphere of authority.

A notary in the canon law of the Catholic Church is a person appointed by competent authority to draw up official or authentic documents. These documents are issued chiefly from the official administrative bureaux, the chanceries; secondly, from tribunals; lastly, others are drawn up at the request of individuals to authenticate their contracts or other acts. The public officials appointed to draw up these three classes of papers have been usually called notaries.

References

Attribution

The public domain consists of all the creative works to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable.

<i>Catholic Encyclopedia</i> English-language encyclopedia

The Catholic Encyclopedia: An International Work of Reference on the Constitution, Doctrine, Discipline, and History of the Catholic Church, also referred to as the Old Catholic Encyclopedia and the Original Catholic Encyclopedia, is an English-language encyclopedia published in the United States and designed to serve the Roman Catholic Church. The first volume appeared in March 1907 and the last three volumes appeared in 1912, followed by a master index volume in 1914 and later supplementary volumes. It was designed "to give its readers full and authoritative information on the entire cycle of Catholic interests, action and doctrine".

Lucius Ferraris was an Italian Franciscan canonist of the 18th century. He was born at Solero, near Alessandria in Northern Italy. He was also professor, provincial of his order, and consultor of the Holy Office. It would seem he died before 1763.

Further reading