[35.] ON SPECIAL
Sometimes an emperor makes a personal privilege,279 as when
he himself privileges someone as an ordinary judge or grants something to someone as a
personal favor to that person for only so long as he lives. When he privileges an ordinary
judge,280 he places or ought to place the title first, just as was done above. Then he
continues to the narrations, as follows:
[35.2] Let all imperial subjects know that we
give and grant to our subject and judge B. the power of the sword, judgment over adoption,
manumission, emancipation, reinstatement, the right to create notaries and all things
which pertain to the office of an ordinary judge.
[35.3] This privilege can be called 'personal'
and 'local', because it is granted to a single person, and a judge privileged in this
manner receives no power outside the expressly named place, that is, outside the Italian
[35.4] Furthermore, he rarely grants so much
power to any judge. No one subscribes in such privileges nor is any sign placed there,
unless an imperial seal is placed at the end. Thus one type of privilege can be called
'simple', another called 'composite.'
[35.5] Neither princes nor others subscribe the
simple privilege, unless perchance that <notary> who makes such a simple privilege
at the emperor's behest.282 A simple privilege can be
called a grant or confirmation.
[35.6] That privilege is composite which princes
subscribe and to which the sign of the emperor is added. It could be called 'solemn',
because it produces a certain solemnity, since it is confirmed by the approval of the
[35.7] There is another species of privilege
wherein a supplicant is granted something for a period of time, as when the emperor grants
a province or perhaps a castle or a city to someone in this manner: We grant you the
March or Calabria or Salerno, for one year or for two years, or
more, or less. And this privilege can be called temporal, not because it is made in time,
but because it is granted for a time.
[35.8] There is another species of privilege in
which someone is granted something at the emperor's good pleasure, as when is said: We
grant you the city of Capua so long as is pleases Our Majesty. Such a privilege can be
called voluntary, because it can be quashed at any time according to the lords' will.
[35.9] Those things said concerning privileges
may now finally suffice for dictators, because the narrations and preambles have been
composed generically, so that they can be applied to a specific case with only a little
variation. Yet for greater clarity I will dictate here a few complete privileges, placing
an imperial privilege first, because it is collateral to the treatise on imperial
279 JULIUS FICKER published Oliva 35.1-8 in
FRRI 4.306-307 (no. 262, dated 1215). FICKER used Munich
Clm. 23499; he discusses this text at FRRI 2.280-281 and 3.31-32.
280 On iudex
ordinarius in Bolognese terms, see JOHANNES FRIED Die Entstehung des
Juristenstandes im 12. Jahrhundert. Zur sozialen Stellung und politischen Bedeutung
gelehrter Juristen in Bologna und Modena (Köln/Wien 1974) 7-44.
281 For examples,
cf. FICKER FRRI (as note 266 above); for a theoretical discussion of secular
legates and governors, see Quinque tabule salutationum 5.5-6.
282 On imperial
mandates, see FERDINAND OPLL "Die kaiserliche Mandat im 12. Jahrhundert
(1125-1190)" MIOG 84 (1976) 290-327 and HEINRICH APPELT "Kaiserurkunde
und Fürstensentez unter Friedrich Barbarossa" MIOG 71 (1963) 33-47. In Tractatus
virtutum §47, in the course of an argument against the
majestic plural, Bonomcompagno reveals that papal mandates bear only the pope's signature
and are thus invalid after his death (in morte mandatoris mandatum expiret).
© Steven M. Wight, Los Angeles 1998
Scrineum © Università di Pavia 1999