Privilegium

A privilege. In Roman law, an exemption conferred or burden imposed upon an individual, peculiar to himself. Also, the enactment creating the exemption or burden. See Aust. Jur. lect.

28.

A privilegium, in the Koman law, was an act of legislation by which the supreme legislature, whether senate or emperor, conferred on some single person some anomalous or irregular right, or imposed upon some single person some anomalous or irregular obligation, or inflicted on some single person some anomalous or irregular punishment. When such privilegia conferred anomalous rights, they were styled favorable. When they imposed anomalous obligations or inflicted anomalous punishments, they were styled odious. An act of the British parliament, giving to the inventor of a machine an exclusive right of selling it, would be styled, in the language of the Roman law, " a favorable privilege." An act of attainder would be styled " an odious privilege." Privilege, in English, denotes rather the anomalous right than the law giving the anomalous right; and, in common and loose talk, the word privilege seems to be merely synonymous with right.

Mozley Sj- W

Privilegium clericale. The benefit of clergy, now abolished. Privilegium est beneficium personale, et eztinguitur cum persona. A privilege is a personal benefit, and dies Privilegium est quasi privata lex. Privilege is, as it were, a private law.

2 Buls. 189.

Privilegium non valet contra rempublicam

Privilege is of no force against the commonwealth. Even necessity does not excuse, where the act to be done is against the commonwealth. Bacon Max.