Folia Theologica 22. (2011)

Szuromi Szabolcs Anzelm O.Praem.: Medieval Canonical Sources and Categories of Singular Administrative Acts

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Anzelm Sz. SZUROMI

position of the concrete request, and the reasoning behind the cause of the petition. The rescript, like the submitted petition, briefly summed up the content of the case in question, the decision or favour granted in the matter of the petition, and, finally, the reasoning behind it. This could be complemented with the statement of the various and necessary conditions, along with instructions of any other character, keeping in mind that often the petitioner was not directly notified about the act, but through a mediator. In case the rescript concerned authorization or approval, it was valid if the reason for petitioning the rescript existed at least at the time of the execution. If the rescript was void for some reason, then there was the possibility to declare it valid retroactively with a new rescriptum, taking into consideration the submitted new reasons and circumstances. If there were mistakes, errata, regarding grave grammatical faults in the rescript, then its authenticity became doubtful by virtue of the law. A special case was a rescript given to an excommunicate, which could be issued in any circumstances only in relation to the reason for the excommunication or the appeal against it. From this, it is also apparent that rescript was applied as the form of granting dispensation from ecclesiastical penalties.68

IV. Privilege (Privilegium)

The word privilegium is derived from the Latin words priva lex. In Roman Law, this belonged to the category of ius singulare, which Paulus defined the following way: "ius singulare is a kind of right, that is introduced in opposition of the general order of laws in order to vindicate a certain interest" (D. 1.3.16).69 Roman Law applied privilegium to a concrete person or group of persons that was dealt with in a special manner.70 This practice may be seen in those acts of the emperor Constantine that treated Christians favourably and which provided a series of privileges for the Church, including the acquittance of priests from taxation, compulsory military service, and subordination to the

58 Haering, S. - Schmitz, H. (ed.), Diccionario enciclopédico de Derecho Canónico, 735.

69 D. 1. 3. 16: Ius singulare est, quod contra tenorem rationis propter aliquam utilitatem auctoritate constituentium introductum est. Mommsen, T. (ed.), Digesta (retr. Krüger, P.), 6.

70 Földi, A. - Hamza, G., A római jog története és institúciói, 70.