Cities of God: The Religion of the Italian Communes 1125-1325

(Darren Dugan) #1

FromConversion toCommunity 79 


penitents adapted the rule to their needs through special legislation and affil-


iated with other local groups to form larger provinces. Later papal letters


speak of a ‘‘Lombard Province’’ of the penitents and its specific legislation.


Between 1266 and 1268 , Saint Bonaventure spoke of the penitents as having


‘‘provincial superiors.’’ Legislative acts of penitenti councils for Lombardy


exist after 1280 —in particular, those by Piacentine penitents in 1288 and


those by the Bolognese penitents in November 1289.^61


Before 1221 , and even more before 1215 , custom, not written law, gov-


erned conversi life. Over time, such custom was written down and added to


the ‘‘Memoriale’’ as local legislation, but appearance in written form came


late. Confraternity legislation postdating the ‘‘Memoriale’’ can suggest the


customary practice that governed earlier piety and life. Even after the pa-


pacy and the hierarchy began to take an active role in supervising penitent


groups, the laity maintained their autonomy and independence. From the


beginning, groups of penitents had clerical advisors and visitators, but the


laity chose and invited these priests themselves. Bishops did not appoint


them. Nor did they appoint clerical supervisors for the penitents; these func-


tioned as overseers for a whole diocese, not as directors of individual fraterni-


ties. The one exception is telling in its outcome. In 1248 , Pope Innocent IV


subjected all Lombard and Florentine penitents to supervision by Franciscan


provincial superiors. The result was protest, and by 1260 Pope Alexander IV


had restored the laity’s right to choose their own visitators and chaplains.^62


Individual penitents related to provincial supervisors through the local lay


leadership. The ‘‘Memoriale’’ specified that such ‘‘ministers’’ report the pub-


lic faults of members to the regional visitator and, if the delinquent was male,


to the rector of the city.^63


Communal and ecclesiastical authorities recognized the ‘‘religious’’ status


of individual, unaffiliated conversi. A Bolognese statute of 1288 provided for


conversi who claimed canonical status without entering a religious house.


The city required that they have their vows notarized within fifteen days of


profession and place the document on record at the city offices. This process


stopped imposters from defrauding the city through dissimulation.^64 The


commune of Biella began auditing the books of male and female conversi


groups in 1245 to prevent similar fraud.^65 The Bolognese wanted to ensure


that no one claimed the rights of a penitent without the responsibilities, but


for penitent status they did not require membership in an ecclesiastically



  1. Meersseman,Dossier, 160 ; for extant acta, see ibid., 63 – 78.

  2. Ibid., 8 ; Meersseman,Ordo, 1 : 363 – 64 ; for the legislation of Innocent IV and Alexander IV, see
    Meersseman,Dossier, 57 , 123 – 25.

  3. ‘‘Memoriale,’’ 35 , Meersseman,Dossier, 111 ; spouses were not required to report each other’s
    faults: ‘‘Memoriale,’’ 36 , ibid., 111.

  4. Bologna Stat.ii( 1288 ), 5. 97 , 1 : 452 – 53.

  5. Biella Stat. 1. 3. 8 ( 60 ).

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