Chapter 18 Cardinals’ Testaments: Piety and Charity
Fausto Nicolai
1 Clerical Status and the licentia testandi
The right to make a will or to leave one’s possessions to a designated heir ac- cording to universal principles recognized in Roman law gained a particular meaning for cardinals.1 This was due to their special status in canon law, ac- cording to which cardinals were beneficiaries of ecclesiastical income in the form of Church revenues (coming from titular churches, deaconries, etc.) and curial incomes as members of the Sacred College and as a result of certain positions (monasteries in commendam, prebends etc.; see the contribution by Lucinda Byatt in this volume) who could not freely dispose of the wealth ob- tained per ecclesiam but only of such possessions as they had obtained pri- vately, and/or through their family. When properties and assets accumulated during a cardinal’s life became part of a single undivided patrimony contain- ing possessions both obtained in private and per ecclesiam, the option of leav- ing these by testament to an heir was lessened – and with that also the faculty of making a will. Moreover, from the Middle Ages onwards the right to make a will was further limited by the practice of the papal jus spolii, the pope’s pre- rogative to appropriate possessions of deceased ecclesiastics, which was seen as an act of recuperation or restitution of that which had been obtained per ecclesiam.2 The lack of clear regulations guaranteeing cardinals full faculty for drawing up their testament was only resolved at the end of the 12th century when, first as customary practice and subsequently as formal act, the licentia testandi was introduced.3 This was a permission to draw up one’s own will which the pope
1 For a historical discussion of the regulations in canon law with respect to the administration of possessions and the legation of goods by cardinals, see Agostino Paravicini Bagliani, I tes- tamenti dei cardinali del Duecento (Rome: 1980), and Barbara McClung Hallman, Italian Car- dinals, Reform and the Church as Property 1492–1563 (Los Angeles: 1985); see also the contribu- tions by Arnold Witte and Mary Hollingsworth on titular churches and the cardinal’s household in the present volume. 2 On the papal jus spolii see the documentary material in Daniel Williman, Records of the Papal Right of Spoil, 1316–1412 (Paris: 1974). 3 Paravicini Bagliani, I testamenti, 42–46.
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4 From the 12th through to the early 17th century there were no legal premises or requirements for the concession of the licentia. Pope Gregory xv (1621–23) established a preliminary “tax on the ring” of 500 Roman scudi which allowed then the cardinals to receive it and being able in this way to dictate their last wills. See Moroni, 2:68. 5 Marco Pellegrini, Ascanio Maria Sforza: La parabola politica di un cardinale-principe del Rinascimento (Rome: 2002), 626. 6 Pellegrini, Ascanio Maria Sforza, 626. The lack of a licenza testandi resulted in Ascanio Sforza dying without a testament, which permitted Pope Julius ii to appropriate his possessions and use them for the construction of the new St. Peter’s. 7 asv, Segreteria dei Brevi, Reg. 534, fols. 530–40, 11 March 1616.