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  1. Grafeneck (Geschichte erleben mit Spannung) (German Edition).
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Liberale, Laura 1969-

In Lombard law, wives passed over to their husbands' families by reason of the husbands' purchase of the mundium-roughly, protective domination-from the wives' fathers; by the time of the restoration of Roman law, however, this practice no longer prevailed in the Veneto, if indeed it ever had. In practice, women retained ties both to their natal and to their marital families and lineages.

Married daughters were, however, admitted to equal shares in the succession to their intestate mothers' property since this property did not have the patrimonial character. See Volumen statutorum, Bk. The same relationship holds true regarding emancipated and unemanicipated sons Roberto Cessi [ed. On general bequest patterns, see below, note Io60 Venetian women were regarded as the proprietors of their dowries Pier Silverio Leicht, "Documenti dotali dell' alto medioevo," in idem, Scritti vari di storia del diritto italiano [Milan, ], II, pt.

The statute governing inheritance from intestate mothers is in Volumen statutorum, Bk. In part this can be attributed to a constant rise in the ratio of women's wills to men's see Table III. The relative stabilization in the number of men's wills is curious. It could be simply an accident of documentary survival, although why should women's wills have survived more than men's? There is, however, another explanation. The most dramatic increase in the number of wills of both sexes occurred in the decades after the Black Death.

One result would be more will-making. Another would be more will- making by younger people, with the specific effects of I more multiple wills-i. The evidence of the wills examined here documents both these effects. Moreover, seventy-seven of these multiple wills were bunched between and , constituting 32 percent of all wills written during those years.

In fact, among the Morosini no series of wills by a single individual was begun before Iclose enough to I to suggest the influence of that year's events, and long enough after it for an institutionalized reaction to have taken hold. Women dominated among the multiple testators. Twenty-eight of the thirty-six individuals who wrote more than one will were women. This fact adds credibility to the hypothesis about increased will-making following the Black Death. Women in Venice had a greater opportunity to write multiple wills than did men, by reason of their earlier entry into adulthood.

In the fourteenth and fifteenth centuries, the preferred nuptial age for patrician girls was I3-I5, and, as far as their elders were concerned, marriage meant that they became 29 There was a momentary decline in the period , from which twenty-two wills survive, as compared with twenty-eight for , sixty-five for I-I, and fifty-six for However, this relative decline can be attributed to the mortality itself; moreover, the great leap in the period I37I-I strengthens the argument advanced below.

One of the pregnant testatresses was, in fact, a widow, but her example seems unique in our sample. Moreover, this pronounced tendency to draw up wills during preg- nancy was a development of the later fourteenth century; in the period 1 3 I, pregnant women wrote one of twenty-eight women's wills 3. For example, Marco di Gentile Morosini in instructed that his daughter Beriola come into her inheritance at age 11 NT , Ariano Passamonte, no.

One exception was Silvestro di Marco Morosini, who in I instructed that his daughters were not to marry until age 16; he increased their dowry legacies by ducats for every year that they waited after that. This may suggest a changing attitude in the fifteenth century. NT , Francesco Gibellino, no. See also Tamassia, Lafamiglia italiana, II Beruzza, wife then widow of Marco Soranzo, who was unmarried in , wrote wills in I, , , and NT io8, Giovanni Boninsegna, no.

Beruzza's nubility in is indicated in the will written that year by her brother, Gasparino di Bellello Morosini NT o, Lorenzo della Torre, no. That of her husband cited above, note 30 is dated 21 Aug. And the fact that the increase in women's wills outstripped that of men's simply reflects women's more numerous encounters with the prospect of death because of pregnancy. Equally important is the consideration that in the second half of the fourteenth century, and especially during its last quarter, they had more property to dispose of.

Here we are brought back to dowry inflation. Most simply, once women started bringing larger dowries to their marriages, by that fact they became more economically substantial persons, with a greater capacity to influence the economic fortunes of those around them. Once begun, dowry inflation was a self-accelerating process. We shall see that they also thought of others; but their own knowledge of the importance of large dowries would incline them similarly to look after their daughters.

And the existence of their dowry money, protected by law from husbandly rapacity and, often, enlarged through fruitful real estate and commercial investment, added a further impulse to well-considered testamentary disposition in favor of daughters. In an as yet un- completed analysis, we found that of IIO patrician marriages terminated by the death of one of the spouses between and , 77 ended with the death of the husband and only 33 with the death of the wife CI II4, Marino, S.

However, these data need to be examined carefully before the results are fully acceptable. From to the state's indebted- ness, and thus the amount invested in it by citizens, jumped over IIoo percent; and although it oscillated thereafter, by it was nearly I6 times as much as in F. Lane, "The Funded Debt," esp. They also assigned priority among all claims on a man's estate-including those of his children and his creditors-to dowry restitution, and made the husband's ascendants and descendants financially liable if the husband's estate was not sufficient to repay the entire dowry of his widow Volumen statutorum, Bk.

An example of enforcement of the statutes is that of Marina, widow of Pangrazio di Benedetto da Molin. Although her late husband had This content downloaded from To illustrate the extent of this important dimension of dowry inflation-of which women were not only the objects but the effective agents as well-we can compare paternal and maternal dowry bequests in tabular form.

Table IV reveals three things with clarity. First, mothers began bequeathing money toward their daughters' dowries only after the middle of the fourteenth century; but from then on, the frequency of their contributions grew rapidly, both in absolute terms and relative to fathers' dowry bequests.

Second, the size of these maternal bequests was also on the rise, in keeping with the general trend in dowries.

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Finally, until the middle of the fourteenth century, mothers' dowry bequests had little impact on the total amounts bequeathed for dowries; but starting in the last third of that century, they accounted for an increasing share of parental contributions-more than one third in I4II So from all three standpoints, frequency, size, and relative importance, mothers' dowry bequests were enabling their daughters to meet the challenge of dowry inflation-an inflation to which the mothers, as dowry recipients themselves, were indirectly contributing.

The importance of this maternal involvement in providing relief for Dante's frightened fathers is obvious. But it has considerable social significance as well. It means that an increasingly larger role in the critical and to some, central social fact-marriage-was being played by individuals whose commitment to the brides' paternal lineage was much less intense that that of the brides' fathers.

It is a question of lineage orientation. In the patrilineal order of Venice, fathers never left their lineages, and they could attend materially to the interests of a wide range of kinsmen without this attention ever exceeding the realm of lineage interest. A wife was unable to invest her dowry without her husband's consent; but in compensation, he was obliged to pay her interest when he invested it Volumen statutorum, Bk.

I [ Venetian style]. Legally, however, a man could belong to a marital conjugal family and still be under his father's patria potestas, with all of its economic This content downloaded from As we have seen, men were tied to both by the fraterna, and the hereditary nature of patrician status in Venice only strengthened their commitment to the male line. In this context, a bequest to a daughter or sister was not essentially less beneficial to the interests of the lineage than one to a son or brother.

In the latter case, the lineage benefited directly; in the former, it stood to benefit indirectly from the matrimonial alliance thus established. With mothers the case was different. They were members of two conjugal families from two different lineages, and the result was a freer, less lineage-centered social orientation.

The statutes, for example, did not exclude married daughters from succession to intestate women; women's property, lacking the patrimonial quality of men's, could more readily be diffused into the families of sons-in-law. The general pattern of their bequests reveals a nearly equal regard for their natal kinsmen, and, thus, for two distinct lineages. It seems reasonable to conjecture, however, that the concern that mothers demonstrated in the form of dowry bequests and the impact of their increasingly weighty contributions at a time of dowry-raising difficulty were negotiated into greater influence in the arrangements of their daughters' marriages.

More fundamentally, the contributions of mothers to their effects. In any case, descent in Venice was patrilineal; to the extent that Venetian husbands remained unemancipated from their fathers, as seems to have been the rule, it seems fair to speak of extended families in the male line, even when common residence did not prevail see Murdock, Social Structure, 2-Io. Of total bequests to first- and second-degree relatives, I07 In a widely held view, the Italian family during the twelfth and thirteenth centuries was subsumed under and, in important social matters, subordinate to the larger kinship group- clan, consortery, etc.

To see if this was the case, we can now turn to the dowry contributions of kinsmen other than parents. Whatever long-range effects mothers' growing contributions to their daughters' dowries had in raising dowry standards, in the short run fathers must have welcomed them. But fathers had additional cause for happiness in the dowry contributions from a wide variety of other kinsmen as well.

On the whole, women contributed to the dowries of girls other than their own daughters at a higher rate than did men: This is consistent with what we observed about wives' enduring attachment to their natal families. But, in fact, all Venetians, regardless of sex or marital status, were stimulated to help their nubile kin. Altogether 44 of the I25 dowry bequests, more than one third, were to girls other than the testators' daughters. And nowhere is the complexity of Venetian kinship patterns and of the bonds existing among kinsmen better illustrated than in the wide variety of relationships that existed between girls receiving dowry bequests and their benefactors and benefactresses.

One group of non-parental dowry bequests was consistent both with the spirit of Roman law and with general patrimonial principles: Eighteen of the sample's twenty-two non-parental bequests from men were of this relationship. In the context of the undivided fraternal patrimony, such bequests made good sense.


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    • A father's contribution to the dowry of his son's unmarried daughter, a type of bequest encountered seven times in the sample, amounted to a far-sighted arrangement for money that would have gone to the son anyway, and would ultimately have served him 42 See Tamassia, Lafamiglia italiana, Essays in Memory of Robert L. But the concern that grandfathers manifested in these bequests suggests that granddaughters' dowry prospects had a more than casual importance to them. For example, Alessandro di Michele Morosini, in his will of I, bequeathed his entire estate, less pious and charitable bequests, to his only child, Paolo.

    According to the instructions in the will, Paolo was not to come into his in- heritance until age 20, except for one eventuality: If he should marry and have a daughter before his twentieth birthday, he was to make a will and in it provide for the girl's dowry in the amount of ducats together with a corredum "worthy of a noble woman"-all from Alessandro's estate. Seventy years later, Gasparino di Bellello Morosini added ducats to the dowry left to his granddaughter, Franceschina, by her late father, and this at a time when Gasparino had three living sons of his own, at least one a minor.

    He declared that he wanted Franceschina to marry a "Venetian gentleman worthy of her status and acceptable to my sons. First, it ensured that the line would not lose status through unworthy marriages. Second, it provided the direct male heirs with affinal connections that, precisely because they were expensive to come by, promised social and economic benefits to the lineage. This transgenerational solicitude for the well-being of the lineage, as expressed in dowry bequests to granddaughters, is even more striking in the case of men who had unmarried daughters of their own.

    Gasparino's bequest complemented some real estate that Franceschina had been left by her late father. In his will of , Andreasio di Michele Morosini bequeathed all of his real estate to his four sons with the provision that if they all died without issue, the property was to be sold, at a discount of 25 percent off the assessed value, to "aliquibus vel alicui de propinquioribus, de stipite, prolis mee" PSM Miste, B.


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      • I82a, Andreasio Morosini, account book, n. I; NT , Francesco Rogeri, no. In his will of , Andreasio left his own unmarried daughters dowries of and ducats, respectively, at the same time he willed a dowry of ducats to any of his sons' daughters who should be her father's sole heir. That they did so indicates that Venetian patricians had a sense of lineage as a sort of superpersonal abstraction that would live on after the testator but the well-being of which was nevertheless in his interest and deserving of his efforts on its behalf.

      It also indicates that they viewed its well-being not only in narrow terms of retaining wealth among males, but also in a more sophisticated sense of social and economic alliances of the kind built up through marriage. There are eleven such legacies in our sample, and eight of them were given by the testators to their brothers' daughters. Yet, the avuncular providence could be impressive: In Giovanni di Piero Morosini willed 1, ducats toward the dowry of his late brother's daughter, while bequeathing his own daughter a dowry of 2, ducats.

      The continued existence of thefraterna long after the father's death meant that the dowries of all daughters of a group of brothers came, to some extent at least, from the same common estate. But along with the common dowry burden went common ad- vantages-the second reason for men's dowry bequests to their brothers' daughters. The economic and social benefits that a bride's father might harvest from a good marriage-at the price of a large dowry-were shared by his brothers.

      On the restrictions that corporate kin groups, such as the consortery, place on relations with affines, see Eric R. Indeed, it can be argued that the ones who bore the brunt of the entire dowry system, and especially of the inflationary trend, were the brothers of endowed girls. It was the inheritance theoretically devolving upon them, as continuers of the lineage and of the patrimony, that was diminished by each dowry that accompanied a sister to her marriage. It was probably recognition of this potential clash of interests that prompted the legislators to guarantee the inheritance rights of daughters vis-a-vis their brothers.

      On the other hand, Pertile observed that it was to protect brothers from the effects of dowry inflation that governments, such as that of Venice, attempted to put restraints on dowry amounts. In the will in which he bequeathed I,5oo ducats to his newborn daughter, Gasparino Morosini gave Ioo ducats to each of his nubile sisters.

      After making some pious bequests, he willed the rest of his estate to his two living brothers, under two conditions. One was that from that inheritance the two btothers were to add enough to the 1, ducats which their father had left their sister to enable her to 49 Legally, the fraterna lasted for two generations of the male line Lane, "Family Partnerships," 37; Pertile, Storia del diritto, III, The principle of grandfatherly bequests was prescribed in the statutes.

      The principle was important enough to have been included in the additions and amendments to the statutes carried out under the Doge Andrea Dandolo in ibid. Pertile, Storia del diritto, III,