Exemption (Catholic canon law)

In the Catholic Church, an exemption is the full or partial release of an ecclesiastical person, corporation, or companies from the control of the ecclesiastical superior next higher in rank. For example, the Roman Catholic Archdiocese of Strasbourg, and the Latin Patriarchate of Jerusalem are exempt, being directly allocated to the Holy See.

See List of Catholic dioceses structured view for a list of exempt entities.

Extent and scope of exemption

Eventually, not only individual monasteries, but also entire orders, were granted exemption from the advice of the local bishop. Exemptions were also granted to cathedral chapters, collegiate chapters, parishes, communities, ecclesiastical institutions, and even single individuals. In some cases, monasteries and churches which could document that from time immemorial they had never been planned to the authority of a bishop could hit their claim to exemption confirmed. Under these circumstances, the diocesan management of the bishops was frequently crippled. Complaints and conflicts were frequent and councils were called upon to clarify and circumscribe the notion and scope of exemption.

Some bishops gained exemption from the authority of their metropolitan archbishop, either at their own a formal message requesting something that is presented to an authority or by decision of the Holy See. However, those exempt bishops were call toan ecclesiastical province and attend the provincial synods.

In the case of monasteries and churches, exemption is required as either passiva or activa, the latter being the most extensive. Abbots known canonically as proelati nullius cum territorio separato exercised quasi episcopal rights over a clearly defined territory entirely distinct from the diocese. There was disagreement as to whether or not such exempt abbots could be required to attend provincial synods as their presence might eventually jeopardize the adjusting of exemption of their monasteries.

The exemption enjoyed by female orders and religious houses was more restricted. The bishop or his exercise presided over the election of the abbesses, prioresses, or superiors and they continued to cause the right to visit canonically these houses. They also retained the right to oversee the observance of the clausura cloister.