Page:Catholic Encyclopedia, volume 4.djvu/821

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DERESER


739


DE ROSSI


sions are based on the above-mentioned texts of Strabo and Dio Cassius. It has been placed at Bin Bir Kilisse, at Divld, south of Ak Gol (the White Lake), between Bossola and Zosta, and at Giidelissin in the vilayet of Konia, which seems more probable.

Leake, Journal of a Tour in Asia Minor (London, 1824), 101; Hamilton, Researches in Asia Minor (London, 1842), II, J13: Sterret, The Wolfe Expedition in Asia Minor (Boston, 1888), 23: Ramsay, Hisl. Geogr. of Asia Minor (London, 1890), 136; Idem, The Church and the Roman Empire (London, 1894), 54^56.

S. Petrides.

Dereser, Anton (known as Thaddaeus a S. \^DAMo), b. at Fahr in Franconia, 3 February, 1757; d. it Breslau, 15 or 16 June, 1827. He was a Discalced 'annclite, professed at Cologne 18 Oct., 1777. During lis studies at Heidelberg, where he graduated, ac- ]uireil such renown that contrary to the custom of he order he was allowed to accept a professorship in lermoneutics and oriental languages, first at his own lima mater, then at Bonn (1783-1791). In the last- lamcd year he Wiis sent to Strasburg where he also illed the posts of preacher and of rector at the epis- copal seminary. Having refused the Constitutional lath he was imprisoned and sentenced to death, but he capital pimishment w'as commuted into one of leportation. It is not quite clear whether this was lut into execution; certain it'is that with the fall of lobespierre he regained his liberty and returned with battered health to the convent at Heidelberg (1796). i'he Margrave of Baden withholding his consent to )erescr's acceptance of the office of coadjutor to the Jishop of Strasburg, he was transferred with the whole iniversity to Freiburg ( 1807), but having given offence ly a funeral sermon (1810) had to leave suddenly for 'onstance. Thence he went to Lucerne as professor ,nd rector of the seminary, but was expelled on ac- ount of his rationalistic teaching, and turned, on in- ■itation, to Breslau as canon and professor (1815).

Dereser's combative character got him into trouble verywhere, and, though believing himself a good 'atholic, he was imbued with a distinctly German- ationalistic, anti-Roman spirit, and with the shallow lationalism of his time, explaining away everything upernatural in Scripture and religion. All his writ- ngs are thus tainted, though only one, and that with- lut the name of the author, has been placed on the ndex, " Commentatio biblica in . . . Tu es Petrus" Bonn, 1789). His principal work, the continuation of )ominicdeBrentano's German Bible (Frankfort, 1815- 828, 16 vols.) received permanent value only through he revision by J. M. A. Scholz (1828-1837, 17 vols!). )ther works, chiefly Latin, were on the "Necessity of he Knowledge of Oriental Languages for the Study of Scripture" (Cologne, 1783); " Hermeneutics of the )Id and New Testament" (1784 and 1786); Disser- ations on the "Destruction of Sodom" (1784); on 'St. John Baptist" (1785); on the "Power and Duties if the Pope according to St. Bernard" (1787); on a lumber of books and portions of the Old Testament, nth translations (partly metrical) and annotations; m the "Temptation of Chri.st" (1789); on "His Di- ■inity and on Phari.saism" (Strasburg, 1791); on the 'Foundation of the University of Bonn" (1786); a 'German Breviary" (Augsburg, 1793, several times rprinted) and a "German Prayer Book" (Rotten- luri;, 1S08). He also edited A. Frenzcl's "Treatise 11 .\I:itrimony" (Bre.sl.au, 1S18), in which the indis- olul lility is denied ; the author afterwards retracted it.

Hknricus a St*. SArnAMENTo. Collecl. Scriptor. Ord. Carmel. '.irolrrnl. (Savona. 1SS4), II. 271; Huhteh, A^mCTir/nfor, III, 03: Herzog. i?pa/rnc;/c/., IV, ."jSl (somewhat too sympathetic) ; IcnRoDi.-KAUi.KN in Kirrhrntcx,^ III, 1.526.

15. ZiMMEUMAN.

Derogation (Lat. (lemgatio), the partial rcvoca- ioii of :i law. as opposed to abrogation or the total bolition of a law. This definition of derogation first


introduced by the Roman jurisconsult Modestinus (XVI, 102, De verb, significatione) was soon adopted in the canonical legislation. Even yet, however, der- ogation in a loose sense means also abrogation, hence the common saying: Lex posterior d^rogat priori, i.e. a subsequent law imports the abolition of a previous one. Dispensation differs from derogation principally in the fact that the latter affects the law itself which is thereby partially revoked, while the former affects the persons bound by the law, from whose obligation some of them are in particular cases totally or par- tially released. Derogation may be made either by written law or by custom. In the first instance legisla- tive competency is alone required for its validity ; in the second case there are requisite all conditions needed for the introduction of a custom. Again, derogation may be express or direct if made by explicit words; tacit or indirect if effected by a law partially incom- patible with the existing one. When done without just motive and by the superior himself it is sim- ply illicit; it is also invalid when done by his dele- gate. Derogation is often accomplished by special clauses inserted in papal documents, e. g. Non ob- stantibus etc. (see Rescripts). The absence of such derogatory clauses as are always employed in papal rescripts makes them defective in form. The follow- ing rules are helpful for the interpretation of deroga- tions: (I) Apart from special cases, derogations are to be strictly interpreted, any correction of the law being regularly of an "odious" nature. (2) A simple derogation, that imposes no obligation contrary to that of the existing law, does not require a formal promulgation. (3) No clause expressly derogatory of the existing law is requisite in making derogations from any kind of general ecclesiastical laws; excep- tion is made only when it is proposed to derogate from the rules of the Apostolic Chancerj'. (4) Derogations couched in general terms are not upheld ; they must be made in specific and formal terms. (5) The rule of law that a special enactment is derogatory of the previous general one (Generi dcroqntur per specicni; Reg. 34 in VI) means that a particuhir law which is a derogation of a general one must always produce its derogatory effect, it being immaterial whether it was issued before the general law or after it. In the latter case the special law is maintained as it was inten- tionally made by the competent superior; nor in the former instance does it lose its value, because the superior had no intention of abolishing it by a sub- sequent general law, it being a presumption that su- periors are not cognizant of particular laws or customs (see Custom; Law).

SuAREZ. De Legibus, VI, .vxvii; Wernz, Jus Decret. (Rome, 1900). I: SANGuiNETn, Jur. Ecd. Institution's (Rome, 1896); LoMBARDi, Jur. Can. Priv. Inst. (Rome, 1906); Andr^- Wagner, Diet, de droit can. (Paris, 1901).

S. Luzio.

De Rossi, Giovanni B.^ttista, a distinguished Christian archaeologist, best known for his work in connexion with the Roman catacombs, b. at Rome, 23 February, 1S22; d. at Castel Gandolfo on Lake Albano, 20 September, 1894. De Rossi, the modern foimder of the science of Christian archaeology, was well-skilled in secular arclueology, a master of epi- graphy, an authority on the .ancient and medieval topography of Rome, an excellent historian, and a very productive and many-sidcil author. In addition to his professional ac<|uaiiit:iiie(' with arclueology De Rossi had a thorough knowledge of law, philology, and theology. He w.as the son of Coiiiincndatore Camillo Luigi De Rossi and Marianna M.irchesa Kruti, his wife, who had two sons, (Jiovanni and Miehelc Sle- f;ino. Two d;iys after birth Giovanni was baptized in the pari.sh church of Santa Miiria .sopra .Minrrv.i, and, according to Roman custom, was confirmed while still very young, by Cardinal Franzoni, Prefectof the Prop- aganda, Up to 1838 De Ro.ssi attended the prepara-