Privilege (Lat. pririleginm, from privata lex, a private law), in general, is a special ordinance or regu- lation in virtue of which an individual or a class enjoys certain immunities or rights from or beyond the com- mon provisions of the general law of the community. In ancient and mediaeval legislation, the law of privi- lege formed an important branch; and, in truth, the condition of the so-called " privileged classes" was in all respects different, socially, civilly, and even religiously, froTn that of the non-privileged.
In canon law, there were two privileges enjoyed by the clergy, which deserve especial notice, from the fre- quency of the historical reference to them — the '"privi- lege of the canon" (privilegium canonis) and the " priv- ilege of the forum" (privilegium fori). By the former,
the person of the clergyman, of whatever degree, was protected from violence by the penalty of excommuni- cation against the offender; by the latter — in England called '• benefit of clergy" (q. v.) — the clergyman was exempted from the ordinary civil tribunals, and could only be tried in the ecclesiastical court.— Chambers, s.v. This privilege from the civil power is now generally abrogated, or at least modified. It comprehended the independent jurisdiction of the clergy (privilegium fori), according to which not only all litigious concerns among the clergy themselves, but all personal, and most of the real complaints of laymen against clerks, were brought before, and decided by, ecclesiastical courts; likewise, not only their official transgressions, as functionaries of the Church, but also their civil crimes, were tried and punished by clerical tribunals. To the same class of privileges belongs the benefit of competence, in conse- quence of which, in matters of debts and subhastation, the clerical person must be left the means of living according to his station. Finally, the clergy obtained at an early period a number of immunities, which were gradually increased. They were, in consideration of the spiritual pursuits to which they have to devote themselves, exempted from the administration of gov- ernmental or communal functions, from tutorships and guardianships, from military and other services to which all other citizens of the State are bound (immunitas per- sonalis). With these was connected the immunity from extraordinary taxes (immunitas realis); from presta- tions for the building of roads, bridges, channels; from lodging soldiers ; from purveyances in times of war (immunitas mixta). Many of these immunities were granted to the clergy by the emperors Theodosius (Cod. Theodos. 2, 3, 11, 14-17, 24, 30, De episc. eccl. et cler. xvi, 2) and Justinian (i, 1, 2, G, 52, Cod. De episc. et cler. i, 3) in the times of the Roman empire ; afterwards by the Frankish kings (Capp. JRegg. France, lib. vii, c. 185, 290, 407); consolidated by the ecclesiastical legis- lation (c. 09, c. xii, qu. 2; c. 40, c. xvi, qu. 1 ; c. 4, 7, x, De immun. eccl. iii, 49 ; Sextus, c. 1, 3, cod. iii, 23 ; Sex- tus, c. 4, De censibus, iii, 20 ; Clem. c. 3, cod. iii, 13, etc.), and urgently recommended by the Council of Trent to the worldly riders (Cone. Trid. sess. xxv, c. 20, De ref). In our times most of the civil legislations impose the same regular taxes on all citizens, without exception, and regardless of former immunities. But in many Eu- ropean states the clergy are unconditionally exempted from communal functions, guardianships, and personal prestations, and are also exempted from military service. — Wetzer u. Welte, Kirchen-Lexikon.
Privileged Days, those signalized by peculiar ceremonies or commemorating particular events: the first, fourth, and fifth Saturdays in Lent, and Easter Eve, Ash-Wednesday, first and fourth Sundays in Lent, Palm-Sunday, Good-Friday, and Holy Week. — Walcott, Sacred A rchceology, s. v.
Privileged Sundays, those on which, in some churches of mediaeval times, "histories" (lessons from Holy Writ) were read.
Privilegium Altaris is a privilege granted by the pope that masses for the dead said before a certaiii altar may procure an indulgence to the deceased. For- ever and for all days (privilegium perpetuum < / quotidia- num) this privilege has been granted by Benedict XIII (de dat. 20 Julii, 1724, "omnium saluti") to all patriar- chal, metropolitan, and cathedral churches for the high- altar. Generally it is granted for seven years only (sep- tennium), running from the day of the grant. The in- dulgence can be obtained for the dead if a mass of requiem (called sometimes a black mass) be said before the privileged altar; but if the rite do not allow of a! votive mass, nor, in consequence, of a requiem (f. e. in fest. duplici, coram exposito, etc.), the application or in- tention " pro defuncto" is sufficient, as in such a case no mass of requiem can be said even at the privileged altar. On the Day of All-Souls all priests before altars can use
PRIVILEGIUM CAXONIS
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PROBABILISM
this privilege (Decret. Congreg. Sacr. Tndulg, 19 Maii. 1761).— Aschbacb, Kircketi-Ler. s. v. See Asyh \t.