[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.
***
© Steven M. Wight, Los Angeles 1998
Scrineum © Università di Pavia 1999