The Bishop's Portion: Generic Pious Legacies in the Late Middle Ages in Italy

Abstract

In a recent article on the Florentine synodal constitutions of 1327, I took note of the rubric de testamentis et ultimis uoluntatibus, which ordered executors to pay directly to the bishop one-third of all legacies left indistincte ad pias causas seu pro anima. Another third of such bequests was to be paid directly to the testator's parish rector, while the remainder supposedly was to be distributed by the executors to pious causes. Under pressure from the commune, this mandate was struck in 1330. I stated the reasons for communal opposition, and made a limited attempt to show the canonical background of the bishop's unsuccessful ordinance. Citing the European-wide use by the secular clergy of the decretal Super cathedram (1300) to recoup income lost to the friars, the article concluded that Florence's demand for direct payment of a third on indistincte was an extreme — but not unique — formulation of a trend within one contemporary school of jurisprudence to amplify the testamentary rights of the secular clergy. The bishop's attempt was bad law, and even the lawyers whose opinions had encouraged the bishop in his formulation — before all, the great canonist Giovanni d'Andrea — crushed such attempts on indistincte with strong and decisive consilia.