Privilege in the
canon law
Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical jurisdiction, ecclesiastical authority (church leadership) for the government of a Christian organization or church and its membe ...
of the
Roman Catholic Church
The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...
is the legal concept whereby someone is exempt from the ordinary operation of the law over time for some specific purpose.
Definition
Papal
The pope is the bishop of Rome and the visible head of the worldwide Catholic Church. He is also known as the supreme pontiff, Roman pontiff, or sovereign pontiff. From the 8th century until 1870, the pope was the sovereign or head of sta ...
privileges resembled
dispensations, since both involved exceptions to the ordinary operations of the law. But whereas "dispensations exempt
dsome person or group from legal obligations binding on the rest of the population or class to which they belong," "
ivileges bestowed a positive favour not generally enjoyed by most people." "Thus licences to teach or to practise law or medicine, for example," were "legal privileges, since they confer
edupon recipients the right to perform certain functions for pay, which the rest of the population
asnot
ermitted to exercise. Privileges differed from dispensations in that dispensations were for one time, while a privilege was lasting. Yet, such licenses might also involve what should properly be termed
dispensation, if they waived the canon law requirement that an individual hold a particular qualification to practice
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
or
medicine
Medicine is the science and Praxis (process), practice of caring for patients, managing the Medical diagnosis, diagnosis, prognosis, Preventive medicine, prevention, therapy, treatment, Palliative care, palliation of their injury or disease, ...
, as, for example, a
degree.
The distinction between privilege and dispensation was not always clearly observed, and the term ''dispensation'' rather than privilege was used, even when the nature of the act made it clearly a privilege. Indeed, medieval
canonists
Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members.
Canon law includes the ...
treated privileges and dispensations as distinct, though related, aspects of the law. Privileges and
indult
In Catholic canon law, an indult is a permission or privilege, granted by the competent church authority – the Holy See or the diocesan bishop, as the case may be – for an exception from a particular norm of church law in an individual case ...
s were both special favours. Some writers hold that the former are positive favours, while indults are negative. The
pope
The pope is the bishop of Rome and the Head of the Church#Catholic Church, visible head of the worldwide Catholic Church. He is also known as the supreme pontiff, Roman pontiff, or sovereign pontiff. From the 8th century until 1870, the po ...
might confer a degree as a positive privilege in his capacity as a temporal
sovereign
''Sovereign'' is a title that can be applied to the highest leader in various categories. The word is borrowed from Old French , which is ultimately derived from the Latin">-4; we might wonder whether there's a point at which it's appropriate to ...
, or he might do so by way of dispensation from the strict requirements of the canon law. In both cases his authority to do so was found in the canon law.
Academic degrees
In some instances, petitioners sought an
academic degree
An academic degree is a qualification awarded to a student upon successful completion of a course of study in higher education, usually at a college or university. These institutions often offer degrees at various levels, usually divided into und ...
because without one they could not hold a particular office.
Canon
Canon or Canons may refer to:
Arts and entertainment
* Canon (fiction), the material accepted as officially written by an author or an ascribed author
* Literary canon, an accepted body of works considered as high culture
** Western canon, th ...
s of certain
cathedrals
A cathedral is a church (building), church that contains the of a bishop, thus serving as the central church of a diocese, Annual conferences within Methodism, conference, or episcopate. Churches with the function of "cathedral" are usually s ...
and
Westminster Abbey
Westminster Abbey, formally titled the Collegiate Church of Saint Peter at Westminster, is an Anglican church in the City of Westminster, London, England. Since 1066, it has been the location of the coronations of 40 English and British m ...
were still required to be degree-holders until recent times. The
Dean of Westminster Abbey was required to be a
doctor
Doctor, Doctors, The Doctor or The Doctors may refer to:
Titles and occupations
* Physician, a medical practitioner
* Doctor (title), an academic title for the holder of a doctoral-level degree
** Doctorate
** List of doctoral degrees awarded b ...
or
bachelor of divinity
In Western universities, a Bachelor of Divinity or Baccalaureate in Divinity (BD, DB, or BDiv; ) is an academic degree awarded for a course taken in the study of divinity or related disciplines, such as theology or, rarely, religious studies.
...
as recently as the late twentieth century.
In the event of degree status being conferred, the recipient was not deemed to hold the degree in question but would enjoy any privileges which might be attached to such a degree—including qualification for office. Conferring the degree itself would of course mean that the recipient enjoyed the style and not merely the privileges of a degree. They might also, for example, be thereafter admitted or incorporated to the same degree
ad eundum at
Oxford
Oxford () is a City status in the United Kingdom, cathedral city and non-metropolitan district in Oxfordshire, England, of which it is the county town.
The city is home to the University of Oxford, the List of oldest universities in continuou ...
or
Cambridge
Cambridge ( ) is a List of cities in the United Kingdom, city and non-metropolitan district in the county of Cambridgeshire, England. It is the county town of Cambridgeshire and is located on the River Cam, north of London. As of the 2021 Unit ...
—though few seem to have been so distinguished. It was however often difficult to be certain whether the degree itself, or merely its status and privileges, which was being conferred. Given the ostensible purpose of the papal dispensatory
jurisdiction
Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
, it would perhaps be more logical to view all of these “degrees” as strictly degree-status, and not substantive degrees. But the medieval—if not indeed modern—concept of the degree is of a grade or status. One achieves the status of
master
Master, master's or masters may refer to:
Ranks or titles
In education:
*Master (college), head of a college
*Master's degree, a postgraduate or sometimes undergraduate degree in the specified discipline
*Schoolmaster or master, presiding office ...
or
doctor
Doctor, Doctors, The Doctor or The Doctors may refer to:
Titles and occupations
* Physician, a medical practitioner
* Doctor (title), an academic title for the holder of a doctoral-level degree
** Doctorate
** List of doctoral degrees awarded b ...
, which is conferred by one's
university
A university () is an educational institution, institution of tertiary education and research which awards academic degrees in several Discipline (academia), academic disciplines. ''University'' is derived from the Latin phrase , which roughly ...
(or in rare cases, by the pope). It is not an award, but the recognition of a certain degree of learning. It is perhaps significant that in the records of the (post-
Reformation
The Reformation, also known as the Protestant Reformation or the European Reformation, was a time of major Theology, theological movement in Western Christianity in 16th-century Europe that posed a religious and political challenge to the p ...
)
Court of Faculties
__NOTOC__
The Faculty Office of the Archbishop of Canterbury is a regulatory body in English law, which also exercises some adjudicatory functions. Its responsibilities include:
* the regulation of notaries public;
* the issue of special marr ...
, the early “
Lambeth degrees
A Lambeth degree is an academic degree conferred by the Archbishop of Canterbury under the authority of the Ecclesiastical Licences Act 1533 as successor of the papal legate in England. The degrees conferred most commonly are DD (Doctor of Div ...
” are described in terms of dispensation to enjoy the privilege of
DCL or whatever the degree might be.
The exercise of the authority to confer such a privilege was often a positive step by the pope to emphasise his spiritual, if not temporal, authority. During the fifteenth century, attempts were made in
England
England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...
to restrict the exercise of papal power in opposition to the
Statute of Provisors
The English statute usually called Statute of Provisors ( 25 Edw. 3. Stat. 4), otherwise termed "The Statute of Provisors of Benefices", or anciently ''De provisoribus''. This measure was central to a long disagreement between the English kings ...
. To evade the disabilities imposed by that Act on non-graduates, it became usual towards the end of the century for those
clerics
Clergy are formal leaders within established religions. Their roles and functions vary in different religious traditions, but usually involve presiding over specific rituals and teaching their religion's doctrines and practices. Some of the ter ...
not educated at English universities to obtain dispensations from
Rome
Rome (Italian language, Italian and , ) is the capital city and most populated (municipality) of Italy. It is also the administrative centre of the Lazio Regions of Italy, region and of the Metropolitan City of Rome. A special named with 2, ...
, including, in a few cases, degrees.
[Rt. Revd. William Stubbs, "Lambeth Degrees" 1 Gentleman’s Magazine & Historical Rev. 633 (May 1864)]
See also
*
Priest–penitent privilege
*
Pauline privilege
The Pauline privilege () is the allowance by the Roman Catholic Church of the dissolution of marriage of two persons not baptized at the time the marriage occurred. The Pauline privilege is drawn from the Apostle Paul's instructions in the Fi ...
*
Petrine privilege
Petrine privilege, also known as the privilege of the faith or favor of the faith, is a ground recognized in Catholic canon law allowing for dissolution by the Pope of a valid natural marriage between a baptized and a non-baptized person for the ...
References
{{reflist
Canon law of the Catholic Church