3 - The Divisible Patrimony

Summary

Humanists and moralists, such as Leon Battista Alberti, treated patrimony as a seamless whole, shared by all those in a household, but above all passed from father to son. Their vision is what Bartolus gave legal shape to. It is also substantiated in the fiscal statements heads of household submitted to the government of Florence to determine civic finances. But in fact in law there were subordinate and overlapping rights; sons could have property of their own, designated peculium in law, from several possible sources, including their own labors in the market economy outside the home. Presumed sharing of assets and liabilities by creditors sometimes vanished into devices that separated ownership, leading to real concerns with fraud. Family account books reveal careful maneuvering and accounting by fathers and sons. Sorting out what belonged to a son or whether a father was liable presented legal difficulties as well.