By Ernesto De Martino
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32 33 Above, note 20. g. Galante, Condizione, 132; but cf. Voigt, Ko¨nigl. Eigenklo¨ster, 7. 34 See Schultze, Augustin und der Seelteil; Valdeavellano, ‘Cuota’, 133–7, usefully summarizes his argument. The free share was not invariably for pious donations (Burgundian Lex Gundobada 1. 1; 24. 5; 51. 1: MGH Leges, II. i, 41, 63, 82–3). 35 Schultze, Seelteil, 184–90 (see below, p. 734). Schultze saw Western practice as dominated by Augustine’s formula for ‘making Christ one’s heir’ to an extra son’s portion (so safeguarding one’s children’s rights); Bruck thought this dominant only for the Lombards, others giving a minimum regardless of family size (Kirchenva¨ter und soziales Erbrecht, 76–104, 147–67).
15 Below, pp. 191–3; see Schwarz, ‘Jurisdicio’, 45. Semmler, ‘Mission und Pfarrorganisation’, 847–8, takes the equivalent Gaulish legislation (below, notes 68–70) as obliging founders to convey the church, with its dos, to the diocesan bishopric; but see below, p. 200 note 5. 16 c. 5 (Conc. , 83). See Martı´nez Dı´ez, El patrimonio eclesiastico, 49–51. 17 Martı´nez Dı´ez argued that founders merely wanted their churches freed from the bishop’s third (ibid. 72, 157–8), but see below, at notes 21–2.
390–6, 408–13. 10 Toledo III–XVI (with other councils), 589–693; most conveniently in Concilios Visigo´ticos e Hispano11 Romanos, ed. Vives. c. 19 (ibid. 131). 12 This is forbidden, and ‘everything shall belong to the bishop’s government and power (potestas)’. Clearer still was Toledo IV in 633: ‘builders of churches should know that they have no power over the things they have given to those churches, but . . 16 In any case the tendency of legislation was to attribute the endowment ﬁrmly to the individual church; and by the seventh century some legislation, both Spanish and Gaulish, is intended to safeguard the founders’ intentions and prevent exploitation by the bishops.