Oliva 44 
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[44. HOW CONFIRMATIONS DIFFER FROM PRIVILEGES]

[44.1] Having resolved the four principal questions concerning confirmations, for the sake of those who lack natural artistry I propose to vary several preambles and to insert narrations in this work, so that the uncultivation of simple persons may be illuminated, for the sake of those who lack a natural artistry for variation. Therefore I have spoken, since all preambles which are placed in privileges can also be placed in confirmations, if a circumspect variation follows.

[44.2] Furthermore, just as I said above,316 every solemn confirmation is a type of privilege, provided that it is made in writing and corroborated with the fortification of a seal, although titles in confirmations are placed just like those in letters.

[44.3] Nevertheless, when a variation is make in confirmations, in every case this word 'privilege' should be avoided,317 because although the solemn confirmation is a type of privilege, yet it should not be absolutely numbered among privileges.

[44.4] But quite often confirmations in the Roman Church, it appears, seem to obtain the same dignity with privileges, namely that when an apostolic bull is appended, a silk cord is threaded through, as it is customarily done in privileges. I said 'quite often confirmations', since that solemnity is not shown in every confirmation.

[44.5] Now at last, I will carry out this work regularly, and I will demonstrate what may be confirmed to some person or persons. Sometimes an office or an election is confirmed, sometimes a perpetual or a temporary prebend, sometimes some spiritual or temporal benefice, sometimes a sentence pronounced by delegated judges.318 

[44.6] In all these cases, these three general preambles can be placed for a pope.


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316 Above, Oliva 42.10.

317 This precept also appears above, Oliva 8a.9. For other revisionist precepts, see Quinque tabule salutationum 5.5 and Tractatus virtutum §8-§9.

318 For the latter type of confirmation, see Marinus of Eboli De confirmationibus ed. PETER HERDE QFIAB 52/3 (1972); for an earlier period, HAGEN KELLER "Das Gerichtsort in oberitalienischen und toskanischen Städten. Untersuchungen zur Stellung der Stadt im Herrschaftssystem des Regnum Italicum vom 9 bis 11. Jahrhundert" QFIAB 49 (1969) 1ff.


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© Steven M. Wight, Los Angeles 1998

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