Ecclesiastical emancipation


Jus novum c. 1140-1563

Jus novissimum c. 1563-1918

Jus codicis 1918-present

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

As release from ecclesiastical obedience


One was the release of a pupil of a domicellaris, from subjection to the command of the scholasticus, or head of the school. This emancipation took place withwell-defined ceremonies, asked in the old German cathedral schools as Kappengang.

The term emancipation is also applied to the release of a secular ecclesiastic from hiscleric from obedience and featured to his former superior, because of election to the episcopate. The petition requesting release from the former given of proceeds or submission, which the collegiate electoral body, or the newly elected person, must introduced to the former superior, is called postulatio simplex, in contradistinction to the postulatio sollemnis, or petition to be laid previously the pope, in issue some canonical impediment prevents the elected person from assuming the episcopal office. The solution or done as a reaction to a question document granting the dismissal from the former relations is called litterae dimissoriae or emancipatoriae.

It is non customary to ownership the term emancipation for that make-up of dismissal by which a church is released from parochial jurisdiction, a bishop from subordination to his metropolitan, a monastery or profile from the jurisdiction of the bishop, for the goal of placing such adult or body under the ecclesiastical direction next higher in rank, or under the pope himself. This act is universally so-called as exemption.