Feminae: Medieval Women and Gender Index

  • Record Number: 45674
  • Author(s)/Creator(s): Albericus of Rosciate , , , Angelus de Gambilionibus, , Julius Kirshner and Osvaldo Cavallar
  • Contributor(s):
  • Title: Paternal Power (Patria Potestas)
  • Source: Jurists and Jurisprudence in Medieval Italy: Texts and Contexts.  Edited by Osvaldo Cavallar and Julius Kirshner .  University of Toronto Press, 2020.  Pages 581 - 612. Available with a subscription from JSTOR: https://www.jstor.org/stable/10.3138/j.ctv179h1fw.43
    and from De Gruyter: https://doi.org/10.3138/9781487536336-011
  • Description: Seven documents are translated:
    36.1. Institutes (1.9): “Paternal Power”
    36.2. Glosses to Institutes (1.9): “Paternal Power”
    36.3. Angelus de Gambilionibus, Commentary to § Ius autem (Inst. 1.9.2) (ca. 1441-1449)
    36.4. Statutes of Perugia (1342): “Damnable Children Harming Their Own Parents”
    36.5. Statutes of Chianciano (1287): “Contract Made by a Son-in-Power”
    36.6. Albericus of Rosciate, Questions Concerning Statutes (1358)
    36.7. Franciscus de Guicciardinis, Consilium (ca. 1505-1516)
    The documents address different aspects of a father's power over unemancipated children (also referred to as son-in-power as above). Sons who had not been emancipated needed their fathers' permission to marry, enter into contracts and make wills. The father also had responsibilities to educate and support his minor children. The documents by Albericus of Rosciate and Franciscus de Guicciardinis consider cases in which there are questions regarding whether the unemancipated son or father is the owner of the goods and wealth involved.
  • Article Type: Translation
  • Subject (See Also): Children Family Fathers Inheritance Law Patrilineage Sons
  • Award Note:
  • Geographic Area: Italy
  • Century: 13- 14- 15- 16
  • Primary Evidence:
  • Illustrations:
  • Table:
  • Abstract:
  • Related Resources:
  • Author's Affiliation: Nanzan University [Cavallar]; University of Chicago [Kirshner- Emeritus Professor]
  • Conference Info: - , -
  • Year of Publication: 2020.
  • Language: English
  • ISSN/ISBN: 9781487507480 (print); 9781487536336 (online)