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Defectus natalium. Un cas paradigmatique du pouvoir pontifical de dispense (XIe-XVe siècle)

2016

According to the canon law of the first half of the XIIth century, sons of priests and canons are not allowed to be promoted to sacred orders nor to succeed to their fathers. Yet the merita and the morum honestas of the sons can compensate for the vitia of the fathers. That explains that papal dispensations super defectu natalium are very common a long time before Boniface VIII (1295-1303) resolves the jurisdictional issue of who may grant a dispensation (pope, bishops or abbots) and for which cases (major or minor orders). Letters and letter formularies of the Apostolic Penitentiary – a papal office which arises at the beginning of the XIIIth century, answers to the supplications addressed…