Page:Catholic Encyclopedia, volume 5.djvu/784

 EXEMPTION

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EXEMPTION

authentic; the other books of the New Testament were written during or after the amalgamation of the two parties, which occurred in the second centur_y. The adherents of this opinion form the New Tubingen or the Critical School. — It is true that Baur's theory of the late origin of the New Testament has been aban- doned by the great majority of Protestant commenta- tors who have ranked themselves among the followers of Harnack; but the opinion that the Sacred Books of the New Testament lack laistoricity in its true sense, is more common than ever.

In the light of this fact, we have to distinguish be- tween the various classes of exegetical works in order to give a true estimate of the value possessed by the numberless recent Protestant contributions to Biblical literature: their philological and historical studies are. as a general rule, of great assistance to the com- mentator; the same must be said of their work done in textual criticism; but their commentaries are not sound enough to elicit commendation. Some of them adhere professedly to the principles of the most ad- vanced criticism; others belong to the ranks of the con- servatives; others again are more concerned with grammatical and philological than theological ques- tions; others, finally, try to do the impossible by com- bining the conservative with the advanced critical principles.

When we are asked what attitude the Catholic reader ought to maintain with regard to these numer- ous Protestant commentaries, we answer in the words of Leo XIII, found in the Encyclical " Providentissi- mus Deus": "Though the studies of non-Catholics, used with prudence, may sometimes be ot use to the Catholic student, he should, nevertheless, bear well in mind — as the Fathers also teach in numerous pas- sages — that the sense of Holy Scripture can nowhere be found incorrupt outside of the Church, and cannot be expected to be found in writers who, being without the true faith, only gnaw the bark of the Sacred Scrip- ture, and never attain its pith."

M.\NGEXOT in ViG.. Did. de la Bible, s. v. Hermcneutinue: ScHANZ in Kirchenlex., s. v. Exe^ese: Zaplet-\l. Hermeneutica Bibl. (Freiburg, 1897); Djller, Compendium Acrm. bibl. (Fader- born, 189S) ; Chauvin, Le;ons d' introduction generale. theoloffique, historique et critique aux divines Ecritures (Paris, 189S): Sexe- PIN, De divinis scripturis earumque inlerpretatione brei^it, in^ti- tutio (Lyons and Paris, 1893); Les.4r, Compendium hermeneu- ticum (Laybach. 1891); Cornely. Introductio in Libras Sacros (Paris, 1885 and 1894), I. Nearly every work on hermeneuties will give a more or less complete list of recent literature. As to the Latin Fathers and writers, the reader may consult Migne, P. L., CCXIX, 79-84. See also: Origex, De principii, IV, viii- X5n'ii; Tertullian, De prcescriptionibus; TiCHONlcs, Liber de septem regulis; Augcstin'E, De doctrina ckrisi.; Jcnilius, De partibus divince legis; Vincent of Lerins, Commonito- rium: EuCHERlus, Liber formularum spirttualis int€lligenti4E; Cassiodorus. De instilulione divinarum titerarum; Kihn, Theo- dor von Mop.sueslia und Juniiius Africanus (Freiburg, 1880). For the Middle .^ges consult: Rhabanus Maurus, De clerico- rum inislitulione. III, viii-xv; Hugh of St. Victor, Erudit. didascal.. Lib. V; and somewhat later, Jean Gerson, Proposi- tiones de sensu literali Scripturm sacrce in Opera (Paris, 1606), I, p. 515. After the rise of the Reformation; Pag.vino, Isagoges seu introductionis ad sacros scripturas liber unu^ (Lyons, 1528. 1536); SiXTCS Sene.n-sis, Bibliothera sancia (Venice, 1566); the reader will find a number of works belonging to this period in MiG.NX. ScriptuT. Sacr. Cursus Completus. Among Protest- ant works we may notice; Briggs, General Introduction to the Study of Holv Scripture.i (New York, 1899); Fairbairn, Her- meneutical Manual (Edinburgh, 18.58); Terry. Biblical Her- meneuties (New York, 1883); Davidson, Sacred Hermeneutica (Edinburgh, 1844).

A. J. Maas.

Exemption is the whole or partial release of an ec- clesiastical person, corporation, or institution from the authority of the ecclesiastical superior next higher in rank, and the placing of the person or body thus re- leased under the control of the authority next above the former superior, or under a still higher one, or under the highest authority of all, the pope. Origi- nally, according to canon law, all the subjects of a dio- cese, and all diocesan institutions, were under the au- thority of the bishop. On account of the oppressive manner in which bishops at times treated the monas-

teries, these were soon taken under the protection of sjTiods, princes, and popes. The papal protection often developed later into exemption from episcopal authority. The first privilege of this kind was given by Pope Honorius I, in 62S, to the old IrLsh monastery of Bobbio, in Upper Italy (Jaffe, Regesta Pont. Rom., no. 2017). Since the eleventh century, papal activity' in the matter of reforms has been a frequent source or occasion of exemptions; in this way the monks be- came more closely bound to the popes, as against the bishops, many of whom were often inimical to the papal power. It thus came to pass that not only indi- vidual monasteries, but also entire orders, obtained exemption from the authority of the local ordinary. Moreover, from the reign of Urban II, the broadly gen- eral "protection" of the Holy See {Uhertas Rornana), which many monasteries enjoyed, came to be regarded as exemption from the authority of the bishop. From the twelfth century, it may be said the exemption of orders and monasteries became the rule. Exemptions were also granted to cathedral chapters, collegiate chapters, parishes, communities, ecclesiastical institu- tions, and single mdividuals. Under these circum- stances the diocesan administration of the bishops was frequently crippled (Trent, Sess. XXIV, De ref. c. xi); consequently the bishops complained of such exemp- tions, while, on the other hand, the parties exempted were wont to accuse the bishops of violating acquired privileges. The Council of Trent sought to correct the abuses of exemption by placing the exempt, in many regards, under the ordinary jurisdiction of the bishops, or at least under the bishops as papal delegates. This provision of the council was ne\'er fully executed, ow- ing to the frequent opposition of the monasteries. About the beginning of the nmeteenth century, how- ever, many monasteries were suppressed by the pro- cess known as secularization, in part accepted by the Holy See. In some countries more recent civil legisla- tion does not permit exemption.

Exemption, as a rule, arises when the privilege is granted by competent authority {exemptio dativa). It can also rest on immemorial use (exemptio prascrip- tira). Finally exemption can be original (exemptio nativa), when the respective church or monastery has always been free and distinct from the later diocesan organization. The claimant of exemption must prove the fact.

Exemption ceases by the complete or partial with- drawal of the privilege by the giver, by customarj' ex- ercise of a contrarj- usage, or by extinction of the right- ful subject of the privilege.

Another kind of exemption applies to bishops, when released from the authority of the metropolitan, either at their own request or as a gracious act on the part of the Apostolic See, under whose direct control they are then placed. However, to prevent injury to the Cliurch, the bishops, thus made independent of their proper metropolitans, are obliged to attend the synods of the province for which they have opted. Bishops who had not connected themselves with any provincial sjTiod were summoned, by Benedict XIII, to attend the Roman one of 1725. Exemption also frequently occurs in connexion with the system of military chap- laincies. In Austria, since 1720, the " Feldbischof " (army bishop), nominated by the emperor, is exempt. In Prussia, since 1868, the " Feldprovost " or army provost, is appointed by the pope after nomination by the German emperor. In France military chaplains who serve permanent garrisons remote from a parish church were exempt. In Spain and elsewhere vicarii castren.^es gcneralcs, i. e. army vicars-general, are ap- pointed.

As applied to monastericE and churches, exemption is known as passii^a or activa. In the former case the juri.sdiction of the monastic or ecclesiastical prelate is confined to the ecclesiastics and laity belonging to his monastery or church. On the other hand, prelates