Francesco di Marco Datini da Prato (1335-1410) was among the richest Tuscans of the late fourteenth and early fifteenth centuries. From modest beginnings that are rooted in the will of his father Marco (d. 1348), a taverner of Prato, he travelled to Avignon and amassed a merchant's fortune in the latter years of the "Babylonian Captivity" of the papacy. He returned to Prato with a Florentine bride, established new offices in Pisa, Genoa, the Balearics, Barcelona and Florence, and built a fine palazzo, which remains today. The records of his extensive trading network, as well as of his personal life have been preserved in the Palazzo Datini since his death, providing scholars with the most complete record of mercantile life from the later middle ages and early Renaissance.
    The survival of this material is due on no little part to his last will, and the commune's faithful adherence to its stipulations. Dying without heirs, he established a foundation for poor and abandoned children, which he labeled the "Ceppo of Francesco di Marco". The influence of his old and dear friend, the very religious lay notary Lapo Mazzei, lays heavily here, and it was Lapo who recorded the will itself.  In his will he carefully outlines its form and functions, and carefully ensures that it remains a secular institution insulated  from the local church authorities. This became his "heir", and absorbed the vast bulk of his huge estate, estimated at around 100,000 florins. Its headquarters was the Palazzo itself, in which his business and personal records were stored away and forgotten about until rediscovered in 1870.
    Aside from the formation of the Ceppo, his will contains two other elements of interest to the student of the later middle ages or early Renaissance. One is the long list of bequests to friends and business relations, and to churches and religious groups in and around Prato (about 10 miles from Florence). Many of them are fairly typical reflections of friendships and religious concerns, and some shed particular light on his relationships. For example, we learn that he took Margherita Bandini as his young bride without a dowry: an unusual occurrance among that class at that time. A second matter of interest is his bequest of 1000 florins to Sta. Maria Nuova that eventually established the Ospedale degli Innocenti in Florence. The architect Brunelleschi's loggia that graces the long front of this structure is generally recognized as the first examle of Renaissance architecture.
    Of Francesco's father Marco little is known beyond his occupation and information contained in his will. He and his wife died of plague when Francesco, apparently his oldest child, was about 13 years old. His father's name, Datino, in its Latin genitive form (Datini) provides the family name, one that Francesco virtually never used. Though sixty-two years separate the two wills, the religious recipients remain very similar, though the wealthy son is able to dwarf his father's gifts.

THE LAST WILL AND TESTAMENT OF MARCO DATINI, WITH CODICILS (1348)

[The will of Marco Datini survives only in the form of a copy made by Alessandro Guardini on 27 June 1570. It was edited by Enrico Bensa and published in Archivio Storico Pratese, April 1925 (pp.74-78). The codicil to Marco's will was not published by Bensa because he was unaware of its existence. Renato Piattoli discovered this addendum among the papers of the Verzoni-Muzzarelli family, which had been sold to the Archivio Stato Firenze. He published it in ASP, 1927, pp.20-22.]

In the name of God.
Marco, son of the late Datino, of [the quarter of] Porta Fuia [1], by the grace of Christ healthy in mind and body, wishing to arrange orally [for the disposition of] his goods, established this testament in this manner without having written it down [himself].

Firstly, he chose and willed that his body be buried within the church of San Francesco in Prato. Likewise, he left for his soul for the saying of masses, to the chapter of the pieve of Santo Stefano Maggiore [1a], in the territory of Prato, 10 soldi de'piccioli [2]. Likewise he left for his soul to the altar of the new chapel of the cintola of the Blessed Virgin Mary, which is located in the said church of Santo Stefano, 20 soldi de'piccioli. Likewise he left for his soul to the priest of the church of San Piero [Forelli] of Porta Fuia in Prato, for the saying of masses for his soul, 10 soldi de'piccioli. Likewise he left for his soul to the Confraternity of the Virgin Mary [3] of the church of San Piero [Forelli] of Porta Fuia in Prato, 20 soldi de'piccioli. Likewise, he left for his soul to the convent of the Friars Minor of the Order of St.Francis of Prato, for the saying of masses, 20 soldi de'piccioli. Likewise he left for his soul to the Confraternity of the Virgin Mary of the said church of San Francesco of Prato, 10 soldi de'piccioli [4]. Likewise he left for his soul for the saying of masses to the convent of the brothers of San Domenico (Dominicans) of Prato, 10 soldi de'piccioli. Likewise he left for his soul to the convent of the brothers of Sant'Agostino (Augustinians) for the saying of masses, 10 soldi de'piccioli. Likewise he left to the brothers of the convent of Santa Maria of Carmel (Carmelites) of Prato for the saying of masses for his soul, 10 soldi de'piccioli. Likewise he left to the brothers of Santa Maria { } (Servites) of Prato, for the saying of masses for his soul, 10 soldi de'piccioli. Likewise he left, for his soul, to the new altar of Saint Mary that is located in the church of Santa Anna across the Bisenzio (River), for adornment of the said altar, 10 soldi de'piccioli. Likewise he left for his soul to the Confraternity of St. John of Prato, 10 soldi de'piccioli. Likewise he left for his soul to the poor of the house of Dolce of Prato and to the house of Dolce itself [5], 20 soldi de'piccioli. Likewise he said, ordered and willed and commanded that all of the above-written bequests are to be carried out in his behalf by his heirs, listed below, and by their guardians within three years computed from the day of his death [6]. Likewise he left, ordered and willed that all of his goods be ear-marked for the restitution of evil gains or illicit dealings or retention [of funds] by this testator.

To all of his other property, both moveable and real, for rights and actions, present and future, he instituted as his heirs Francesco, Nofrio, Stefano and Vanna his children, and any sons or daughters, of either gender, born to his pregnant wife Donna Vermillia; and to each of them in equal shares. And should it happen that any one of his children { } die before reaching the age of eighteen years without [having] legitimate children born from a licit marriage, then and in that case the surviving wards will take the place of him who has thus died, as regards the trust, as is done with minors.

Likewise, he left Donna Vermillia, his wife, control (and) usufruct of all his property as long as she lives chastely, honorably [and] with her said children, and { } [she?] if she will maintain and lead the life of a widow and preserve her honor and does not reclaim her dowry [7]. And if it should happen that all of his children and heirs mentioned above should die while minors, he (Marco) substituted for them, or for the last one to die, Angelo Datini, his brother and the son of the said Datino. Likewise, then and in the said case [8] he left to the said Mona Vermillia his wife, his home and the usufruct of the household of the testator himself with his place of business { } of Prato in Porta Fuia the said business on the first [side of the property], public way; on the second side, [the property of] cencio di Vanni of Porta Fuia; on the third side, public way; on the fourth side, [property of] the heirs of Neri Bettini and [the property of] Bonvertuccio di Gero or his heirs; including the bed, household goods and everything that is in the house itself, and place of business as long as she [Mona Vermillia] will live chastely and honorably and continue to live as a widow. Likewise, then and in that case, he leaves for his soul and those of his kin 25 lire to the new chapel of the cintola of the Blessed Virgin Mary located in the pieve of Santo Stefano Maggiore, in the territory of Prato. Likewise, then and in that case, he leaves for his soul and [the souls] of his kin five lire to the opera of the church of San Pier Forelli in Porta Fuia, Prato. Likewise, then and in that case, he leaves for his soul and [the souls] of his kin five lire to the poor of the house of Dolce of Prato and to the house itself. Likewise he left, then and in the said case, for his soul and those of his kin to the poor of the Misericordia [9] house in Porta Fuia in Prato and to the house itself five lire. Likewise, then and in that case, he leaves to Mona Caterina, wife of Bettino Bettini (and) his (Marco's) sister, each year twelve sacks of good and unadulterated grain. [This will continue] for as long as she should remain a widow and without her dowry, for the entire length of life of the same Caterina, [for] as long as she should preserve her chaste widowhood and honorable life.

He constituted, bequeathed, and willed the guardians of his said children to be Barzalone di ser Guccio, Angelo di Datino, and Piero di Giunta, and Mona Vermillia [10] of Porta Fuia in Prato, the wife of this present testator, releasing to them the necessity of putting together an inventory and of carrying out an account of the administration of their charges. And he asserted that this is his last will and moreover he wills that it be valid at law as a testament, and if it is not valid at law as a testament, then at least it should be valid at law as a codicil and held as such in relation to whatever other last will is recognized as having greater and better force. This is to void and invalidate any other written testament and/or last will drawn up by him up to this point.

All of these actions were taken in Prato at the house of the poor of the Misericordia in Porta Fuia in Prato.

Brother Francesco di Tieri, rector of the of the said poorhouse.
Brother Giovanni di Vanni
Gruno di Giunta
Vanni Vezzoli
Iacopo Falcucci
Giusto di Ser Bonafede and { },
members of the said house of Misericordia.
Bumbachino Paganelli and
Michele Fei of Porta Santa Trinita of Prato, were summoned to the drawing up (of this will) by the said testator. In this year of Our Lord One thousand three hundred forty eight, first indiction, the first day of the month of June.

I, Rinaldo di Banduccio of Prato, by imperial authority judge { ["ordinarius"]} [11] and notary was summoned and was present for all the aforesaid things and wrote them publicly.

CODICIL TO THE TESTAMENT OF MARCO DATINI

In the name of God, Amen. Marco Datini of Porta Fuia in Prato, by the grace of Christ healthy in mind though weak in body, through this present codicil disposed and provided this, his last will, in this manner:

Firstly, wishing to amend the testament that he himself made public, written by my hand, (that of) the undersigned notary, subtracted and removed from his said testament a certain bequest of 10 lire, which he had bequeathed if all of his children and heirs should die as minors, to be given by the guardians of his children to a certain girl when she should marry.

Likewise he leaves, in that case, to Catherine del fu Parigi di Vernio [12], which she is to have if all of his said children should die as minors, 10 lire de'piccioli.

Likewise he left to the poor of the house of Misericordia of Porta Fuia in Prato [as restitution for business matters of doubtful [virtue] and ill-gotten profits by the author of this said codicil in addition to the bequest made and left in his testament to the poor of the house of Misericordia of Porta Fuia in Prato for a certain undefined reason, 5 lire de'piccioli .

Likewise he stated, willed and mandated that all of his rejected bequests, and especially the bequest of 5 lire in his testament, are to be discharged by his trustees listed below [13], [and] must be left, according to the said codicil, to the poor of the house of Misericordia of Porta Fuia in Prato for a certain undefined reason, within one year computed from the day of his death.

He willed and stipulated that Alesso di Salviato, Matteo di Vanni Chiariti and Angelo Datini of Porta Fuia in Prato, and each of them, are to be his trustees and executors of his public testament, written by the hand of the notary named below, and also of his last will. He gives and concedes to them, and each of them, free authority and a general mandate to receive the property of Marco himself, the said author of this codicil, taking control of the property and breaking up and selling off the property itself for him at a price which they find reasonable and acceptable, and transferring possession of the property itself to another or others, and the setting and receipt of the price, and for the ensurance of that which is guaranteed, and all property of the author of this codicil, for the ensurance, binding and going to court and defending (in court); and seeking and receiving all credits that are due to the author of this codicil himself; and acting in all other suitable (ways) in relation to the matters above for the settlement of the said bequests, just as the author of this codicil would do were he still living.

All of these actions were taken in Prato in Porta Fuia at the house of the said Marco, author of the codicil. Present were Tieri and Falchuccio, brothers and sons of Nerugio, Palmerio di Iacopo, Lapuccio Betti and Piero Talini of Porta Fuia of Prato, witnesses summoned to by the said author of the codicil, Marco, in the year of Our Lord from His Incarnation One thousand three hundred forty eight, first indiction, nineteenth day of June.

S(igillum N(otarii) [14] I Rinaldo di Banduccio of Prato, judge ordinarius and notary by imperial authority, was present for all of the aforesaid, and wrote it in public.

THE LAST WILL AND TESTAMENT OF FRANCESCO DI MARCO DATINI, WITH CODICILS

In the name of God, amen.
The year of His Incarnation 1410, Third Indiction, the last day of July. Done in the territory of Prato, in the house inhabited by Francesco as written below. Present were Fra Francesco di Iacopo Pucci da Prato [1], Fra Francesco di Ercolano da Spello, Fra Giovanni di Conte da Siena, Fra Francesco di Maestro Filippo da Castelfiorentino, Fra Pietro da Rosogabello, all brothers of the [Franciscan] convent of Prato; ser Baldo di Vestro [2] and ser Magio di ser Bartolozzo, both Pratese notaries; Barzalone di Spedalire of Prato, Francesco di Domenico Naldini of Florence, and others. Let it be known to all [that] since the prudent and honorable man Francesco di Marco Datini da Prato, aforesaid, Florentine citizen [3]and merchant [is] healthy, by the grace of God, in mind, senses and intellect, although infirm in body: considering that death kills men by innumerable means, for which reason it is necessary, during such time that reason still rules his mind, to provide for the health of his soul and to set his affairs in order; and therefore through his present noncupative [4] testament, which was given orally without having been written down [beforehand], ordaining his last will, this he made, composed and ordained in the following manner, that is:

First, commending his soul to God and to all of the celestial Court [5], he chose that his body be buried, when it happened that he should die, in the Church of San Francesco in Prato, in that place, with those accoutrements and with those adornments of tomb and interment and obsequies for the whole burial. And expenses are to be made for these and for other attendant matters as proper and typical in similar cases; also regarding those [matters], and as decided more than once by Mona Margherita his wife [6], Luca del Sera Florentine merchant [and] citizen and partner of the said Francesco, Barzalone di Spedalieri of Prato, and Lionardo di Ser Tommaso of Prato, he relies on their prudence, praying them that they might rather attend to the welfare of his soul than to matters that appertain to vanity.

Also he instructed that each and every one who ought truly and justly to receive anything be satisfied entirely and reasonably: and to this he obligated himself, his heirs [7] and his property, wishing and desiring that his debtors, or those who are in debt to him or to his estate, in due time and according to the form of the agreement and fairness, be constrained to pay that which they owe.

Also he bequeathed to the altar of the precious Cintola of Our Lady Queen of Heaven, in the city of Prato, in the pieve of that place, 12 silver lamps. These are to be placed before the said altar and the said venerable Cintola, there [to be] dedicated in perpetuity to the reverence of Our Lady; they are to cost 300 florins [8]. If they are at any time removed, sold or exchanged, or should it occur in any way that they are sold, broken or destroyed, he desired that they immediately revert to his estate and Ceppo described below [9]. He desired that the expenditure be made promptly and with good faith by his heir, or indeed by the below-cited executor Consuls of the Calimala [10], or by the rectors, at the time, of the said Ceppo.

Also he bequeathed to the brothers, chapter and convent of the hermits of Santa Maria degli Angeli of Florence 500 florins, so truly that from it vineyards suitable for the said brothers and convent can be bought: stipulating that these lands that will be bought may never be sold, transferred, or granted [to another] for long periods of time, since he desired that the fruits of it go forever to the present brothers and their successors. And if anything is done [by the brothers] in any way contrary to the said bequest, he desired the said land and gift to devolve to the Ceppo of the Poor, his heir as below written; and that the said money might not be used for other purposes than the purchase of the vineyard, also with the consent of its [the convent's] prior [11].

****Also, in order to increase the alms and devotions of the citizens and rural folk and of others who have compassion toward the boys and girls that are called `throwaways'; and so that these children might be well fed, changed [12], and looked after, and [so that] the effects of the giving [of] the alms might be unrestrained; and lest they fear that the alms might be appropriated and sent outside the city: he willed and ordered that a new place be begun [to be built], where and how the below-written superintendant in the said city of Florence will desire, of which [institution] let the first rector, superintendant [13], governor and maintainer be the superintendant of the Ospedale of Santa Maria Nuova of Florence, whoever he will be at the time, and which thus he bequeathed; which [superintendant] shall nourish and cause to be fed those children who will be left or abandoned there, with good diligence and prudence. There are to be given to the said superintendant of Santa Maria Nuova, from the wealth of the said testator, one thousand gold florins; and from this the superintendant is to begin to build [the new facility], and not [do] otherwise; the money is to be spent on the said new place and not otherwise [14]. Of which new place, which is thus to be built, he desired that the below-written Ceppo, his heir, and its rectors be, and be named, patron, chief agent and author, in such a way that can be said or done.********** Also he bequeathed, for the love of God, to the widow Mona Domenica, who was the wife of Meo, called il Saccente, his servant and a poor person [15], for her during her lifetime a house belonging to the said testator, in which she and likewise Iacopo da Pisa the barber are living, [located] near the two roads and the house of Ser Naldo the notary, in Prato in [the district o]f Porta Fuia. Likewise seven staiora [16] of land which the testator will buy from Chese di Filippo of Prato, located up the Prato road, at the place called the Romita. And he enjoined his estate and the rectors [of the Ceppo] and its managers to endeavor to see to it that, in addition to the things already mentioned, Mona Domenica does not live without those things that will allow her to live comfortably, according to her social condition [17], while she is alive. This is to be done as the officials of the Ceppo see fit and at their pleasure.

Also he bequeathed, for the love of God, to Andrea di Simone [18] of Porta Santa Trinita in Prato, a poor young man whom, as he said, he has fed from the time of his youth, every year one moggio [19] of grain and a cask of wine for so long as each and every one of his children of the first degree [20] shall live. And when Andrea is dead, [this is to go] to his children so-called.

And he bequeathed, for the love of God, to Fra Francesco di Iacopo Pucci, his confessor, who witnessed this, a cloak suitable to him, as per the instructions of Mona Margherita, Luca, Barzalona and Lionardo, named above in the first section and bequest.

Also he bequeathed for each year in perpetuity, to the brothers, chapter and convent of San Francesco in Prato [21], for clothing for the brothers, and their nourishment and other necessities, and to the said church, 25 florins, for the soul of the said Francesco, as will be ordained and as seems fit to the future officials of the Ceppo, which they will use to supply their major needs from year to year; providing that each year they make an especially fitting memorial to God for his soul, as the officials of the Ceppo will ensure.

Also he bequeathed, for the love of God, to each of the daughters of Chiarito di Matteo of Prato [22], a poor and not resourceful man, his relative, having come, as he said, to a bad turn as a result of the estimo [23] and other things: when they marry and for their marriages 100 gold florins [24]. And he enjoined his heir [the Ceppo] and its rectors and supervisors to endeavor to see to it that he [Chiarito] does not live without those things that will allow him to live comfortably, which he might need from year to year while he is alive. And likewise for his daughters as long as they are not married, or before they marry, if they still remain unmarried yet without their father, and [as long as] they maintain upright lives [25]. And this [is to be done] at the discretion and pleasure of the officials of the Ceppo.

Also he bequeathed to Tommaso di Ser Giovanni da Vico [26], [from the] countryside of Florence, his agent in Avignon, for his use and life, 500 florins. He instructed that after his death it be returned to his estate, with Tommaso making clear and certain arrangements that it thus be given over.

Also the said testator willed and ordained that his below-mentioned heir and its officials are to place three lamps to burn in perpetuity in the said church of San Francesco; that is, one at each of his two altars, and the third in front of the crucifix that is in the middle of the said church [27].

Also he bequeathed, for the love of God, to Mona Lucia his servant of many years [28], married to Nanni di Martino Pagni dal Palco, 200 lire, which he desires be returned to his heir the Ceppo after the deaths of the said woman and her said husband and their children. He desired that her said husband and children, if they should survive her, should enjoy the said bequest; so long as after his death and those of the children it is returned as [stated] above. And her husband is freed from any [obligations] by which he may be bound to the said testator.

Also he willed that if any of the above-mentioned or below-mentioned legatees should complain of any agreement or settlement made or not made with the said Francesco, or should they instigate a summons or litigation for anything against his below-mentioned heir, such complainant or disputant shall lose his gift. And he deprives any such complainant of all favors that might be provided him by this present testament.

Also he bequeathed to the said brothers and convent of San Francesco, in addition to the two altars which were made for him and already donated to them, for the love of God, 10 florins. He commands his heirs mentioned below that they must maintain and preserve in perpetuity the said two altars as they are furnished at present, at the expense of the said Ceppo indicated below. He entrusts to the said Ceppo and to its rectors the building and maintenance of the choir and of the vaults of the cloister there, [they are to carry this out] when they can and choose to. They are to do so in the manner, way and disposition that Francesco has already decided upon, leaving to the said rectors only the time, means and convenience of the said Ceppo.

Also he bequeathed to Tieri di Benci of Settignano [29], who is in Avignon, 500 florins. And that concerning that by which the said Tieri is obligated to the said Francesco, the account between them, as it is owed, should be reviewed, completed and put into execution, by itself and separately from the said bequest. He desired that he have the 500 florins for life [30], and making the same arrangements as stated above in the bequest to Tommaso da Vico who also resides in Avignon.

Also, for the love of God, he liberated all of his female slaves wherever in the world they might be, and may they rest in pristine freedom [31].

Also, in recognition of services rendered in the past and at the present by certain physicians during his and his family's illnesses, and considering that it is not suitable that they should have to request what is owed them: he desired that they be satisfied in full [32], as will be specified by Mona Margherita, Luca, Barzalona and Lionardo, as above named in the first bequest, to whom these doctors are well known, or at least [well-known] to the said first two, Mona Margherita and Luca.

Also he bequeathed to every church in Prato and that is in the territory of Prato, 5 lire, so that masses will be said for him [33]. Also from this a torchio [34] will be bought for every church, for the soul of the said Francesco; excepting the four convents mentioned below, to which more is bequeathed.

Also, he bequeathed to Brother Ventura, shoemaker, of the Order of the Brothers of the Humiliati, lay brothers of [the Florentine church of] Ognissanti, who lives there at the gate, for masses of Saint Gregory [35] that are to be said for the testator, 10 gold florins, for the love of God.

Also, he bequeathed to the brothers and convent of Santa Anna near Prato [36], 50 gold florins for the sole purpose of rebuilding and repair of the main chapel of the said church, now unsuitable, as many have remarked. He wished nevertheless that the vault or loggia be built between the church and the gate of the cloister so that it covers the altar there aptly. [This is to be done] at the expense of his estate, and as already decided by him and as this testator, Francesco, said many times. And this [is to be done] as decided upon by the officials of theCeppo, or by the said Mona Margherita, Luca, Barzalone and Lionardo, as above named in the first bequest.

Also, for the love of God, to the four convents of Prato, that is of San Domenico [37], Sant' Agostino, the Carmine (Carmelite) and the Servites, to each of them [is to go] 20 lire, which they will use for those purposes and things that seem fitting to the officials of the Ceppo, or to the said Mona Margherita, Luca, Barzalone and Lionardo, named above.

Also, in the said manner and for the said reasons and in the said form, he bequeathed to the monasteries of Santa Chiara [38], of San Niccolo and of San Matteo in Prato, 50 lire for each convent.

Also he bequeathed to the said monastery of San Matteo in Prato, for an altarpiece which is to be made as directed by the said four, Mona Margherita, Luca, Barzalone and Lionardo, that [amount of money] which the said four will decide to be necessary for the said altar.

Also he bequeathed to the monastery of San Niccolo in Prato certain pancali[39] that he desired be painted, and certain paintings to be done in the manner, form and place and at the expense as already ordered by Francesco. And as the said Mona Margherita, Luca, Barzalone and Lionardo will specify, since they are better informed of all of his intentions, affairs and actions, than anyone else that could be found, and in whose conscientiousness he places his faith.

Also he willed and declared that he himself is content that Luca del Sera his partner, if he has the wherewithal, and it seems right to him, [that he] pay to the poor, the legatees of this testament of the said Francesco, small sums of little importance. He does not wish at all, however, that this be detracted from the company which he has with the said Luca, of which mention will be made below. And that in this may it not be against the will of the said Luca, which he [Datini] expects to remain good in the future, as in the past he [Luca] has always been good and faithful.

Also he bequeathed to the church of Santa Maria de Alpuon of Avignon, and to the Oratory of Santa Maria delle Grazie above the Rubaconte Bridge in Florence [40], 10 florins for each.

Also he freed Betto the herald of Prato, for love of God, a very poor person, from all that had held him to himself [Datini].

Also he desired that there be organized by the officials of his Ceppo as they see fit a ritual meal (pietanza) [41] for, and annual anniversary liturgy celebrated by the brothers in the church of San Domenico in Prato, with fitting expenditure, for the soul of the said Francesco. And the said convent of San Domenico is to be commended to the officials of the Ceppo in perpetuity for all of their needs, according to the judgment of the officials of the said Ceppo during their tenure. He asked that they consider their needs according to the times, and should provide as Francesco would have done.

Also he willed that, concerning a case of a sum of 1500 florins, of which Luca and others are informed, counsel should be sought, for the soul of the said Francesco, by the said Mona Margherita, Luca, Barzalone and Lionardo [43], named above, with masters in Theology or doctors of the Decretals, as those four will wish. He requested this of me, the notary written below, and commanded that, for the love of God and for his soul, I might accept this burden with them. And he said, willed and declared that it be done according to the advice [they give]; and Mona Margherita and the others already mentioned are to take care of this from the wealth of the said testator: so that the soul of the said Francesco might not be obligated by the said case in any way [42]. And this he commands of his heir and executors [of this will] already mentioned: that they pay or have paid or have executed whatever is decided in this affair by the said four of his friends, named in this bequest.

Also, he freed Giovanni di Bartolomeo di Giunta of Prato and Lionardo di Ser Tommaso of Prato [43], and the said Ser Tommaso, from anything which might in any way bind them to the testator, or that they might say binds them.

Also he willed, for the love of God, that from no master of stone or wood, or kiln-master, or of any manual laborer, sand-carrier, carter or smith is anything to be demanded for which a contract has been made, or which appears in his books as a debt to Francesco, and he frees them from their debts. This excepts Iacopo da San Donnino and Antonio di Vitale of Prato [44], with whom he wishes his account and bill settled, and according to them or according to the books of the said Francesco they are to be obligated to pay what they owe, and also be freed, if by their settlement they are owed their liberation, which he does not believe.

Also he bequeathed to each of the daughters of Luca del Sera of Florence, his very worthy partner, as an assistance to their dowries when they marry, 500 gold florins.

Also he left it to the said Mona Margherita, Luca, and Barzalone, named above in the first section, to give, and that they indeed give, to a certain woman now married [45], of whom he has informed the said Mona Margherita, Luca and Barzalone in secret, such possessions and real estate for life and during the life of the woman, in whatever state she might be, married or widowed. These are to be valued and estimated at 1000 gold florins. He desired that none of the fruits of these is to go to her husband unless they proceed from the hand and according to the will of the said woman. After her death, the said property is to be returned to the said Ceppo. And he commanded of the said officials of his Ceppo and House of the Poor, whoever they are at the time, that in behalf of the said woman and in her regard they are to have certain payments made, or to pay certain amounts of money for her, and/or her present husband, of which and in such a way as he will have informed the said Mona Margherita, Luca and Barzalona and Master Lorenzo [Sassoli] of Prato [46], for as long as and while the said woman shall live, and in whatever state she might be living in. And the said woman, at the expense of the estate of the said Francesco, shall be defended from any harm wished on her or troubling her. And if the said woman should have either legitimate or natural daughters, who should come to contract an act of matrimony, he wishes for the first, for her marriage, at that time to be given from the substance of the said Francesco, when she should marry, 500 florins. And should any other of her daughters contract for marriage, as above, after the first, to these he bequeathes, when they shall marry, for help in their marriage, that which and in what manner the officials of the said Ceppo of the poor, those who are serving at the time, shall determine. And they will take into consideration the condition of the Ceppo [fund] and the number of [the woman's] children and other matters that are relevant: and thus he prayed them to do.

Also he bequeathed to Mona Margherita, his beloved wife, for as long as she remains an honorable widow [47], for every year she shall live, for her food and for her maidservant and household, 100 gold florins, that are to be given to her by the said Ceppo and House of the Poor, or the executors. And that through his executors, both those named above and those named below as officials of the Ceppo, she shall be provided for in such a way that she might have the present annual legacy and its fruits freely and without interruption or any causes for complaint. And in addition he desired that his wife have for her inheritance the things listed below as she chooses: such things that she will want and choose from the goods and property of the said testator, and which he freely left to her. That is, two beds with linen, one for herself and the other for her serving girl; also the household goods of which she shall have need. And beyond these things, all of the linen and wool clothing worn by the said woman and by the said Francesco, so that she will be able to make alms for both of their souls; also, a house in which to live, suitable to her, while she shall live as an honorable widow; also the usufruct of a holding of land of the said testator, in several parcels, located near the gate of Santa Trinita in Prato, which is known as Romita [49], which land is called the `closure' of Francesco; [this she will have] during such time as she shall live. She is to be free from every tax obligation [related] to her consolidation of the said usufruct of the said land [48]; and it is entrusted to her that she will hold these well and return them to his estate. And he willed that after her death the said land and closure shall be returned to his heir [the Ceppo].

He willed also that his said heirs ought to pay for the woman, as long as she remains a widow, all forced loans [50] or other taxes and similar obligations that might be imposed on her, and which might be required of her by the Commune of Florence or the government of the city, contado or community or popolo, where it might happen that they are to be collected in any manner, with regard to these present legacies or any other matter. And in addition, at the expense of the estate of the said Francesco, the said woman is to be defended from anyone who might act against her. And if the said woman should remarry, at that time he deprives her of all of the legacies stated above. And in place of them he would bequeath to her only 500 florins, which would be given to her freely from the property of his estate [51]. He thus also affirms that he did not receive any dowry from his wife.

Also, because the said woman might choose, not inappropriately, in the event she remains an honorable widow, a habitation and house for herself in which to live in Florence; and so that she might have another for her use in the contado, he willed and bequeathed, in addition to the things mentioned above, to the said Mona Margherita, and to another woman whom he has placed secretly with her and the aforesaid Luca and Barzalone [53], beyond that which he has bequeathed to Mona Margherita, a house for them in which to live in Prato, for as long as they shall live, with the household goods truly necessary for the said house and the women during their lifetimes [52]. Also he bequeathed to Francesco di Domenico Naldini of Florence, who has been with him a long time, both his salary, either not paid or not yet determined, and, for the lifetime of the said Francesco di Domenico, 300 gold florins. He is to make firm arrangements to return these [florins], which sum of money, on his death he (Datini) willed be returned to his estate. And he willed that Mona Margherita, Luca, Barzalone and Lionardo named above, because this Francesco di Domenico is a debtor of the said testator Francesco for money which he has had from him as recorded in the books of the said testator, are to set and determine the salary of the said Francesco di Domenico, which is to be discounted pro rata from the money for which he is responsible, according to the agreement and accounting that will be made of it; and of the remainder, each is to abide by the agreement reached.

Also he bequeathed to Guido di Sandro di Piero of Florence [54], whom he has raised from youth, to use and invest at his pleasure and for as long as he shall live, 500 gold florins. He is to make firm arrangements to have these returned, which sum of money, after his death, he (Datini) willed be returned to his heir mentioned below. But his salary and the form of his salary, the testator claims to have paid and done and ordered another time.

Also he bequeathed to the new sacristy of Santa Liperata [55], and to the opera of the walls of the city of Florence, to each, one gold florin.

Also he bequeathed and arranged the following: because the said testator Francesco considered that due to his illness of stones and burning of the urine, much was omitted in making this present testament, and as he was impeded by his suffering from recurring fevers, it was impossible, as he said, not to forget many things pertaining to the state of his soul and many friends well meriting just remuneration, the omission of which matters cannot indeed exist without infamy for the memory of the said Francesco, and without ingratitude [56]; and therefore the said testator willed that Mona Margherita, Luca and Barzalone, and Master Lorenzo (Sassoli), physician of Prato and Florentine citizen, which he wished to say before, being held and bound by his soul and their consciences, be able, wherever they may see that Francesco erred, especially by omission, according to their judgment, to give and pay and have paid, by the executors and/or the Ceppo, his heir, and the officials of the Ceppo, and by themselves, from the money of Francesco, that quantity of money that seems fitting to them, and as they see fit, and to whomever, and at their pleasure, up to the sum of 1000 gold florins. And up to this, up to the said sum of 1000 gold florins, or less, he bequeathed and willed that it be given to such persons or places that they shall name, so that it will be properly taken care of. They are thus obligated to act with care, so that nothing is done against the intention of Francesco, as they will judge [it], nor against their consciences by being badly administered.

Also this testator willed that only the trading firm which the testator has with Francesco di ser Benozzo and Luca del Sera of Florence is to continue, for five years after the death of the said Francesco (Datini): in this he obligates his aforesaid heirs. By his decision the said Francesco hopes that the profits will come to his heir the Ceppo richer and fuller for his poor, whom he has chosen, as will be noted below. And he hopes that in this way both his partners mentioned above and especially Luca, are not forced to withdraw [from the partnership] in haste, but rather gradually, comfortably and opportunely, and with good management and care in the ending of the said company, to the benefit of the poor of Jesus Christ. He prays that in this respect they may be tranquil and content [57]. And he willed that Lionardo di Ser Tommaso of Prato, named above, be entered into the company as a partner for the said five years, with 500 florins from the wealth of the said Francesco, which he is to use and invest at his pleasure for the five years in the company, and with his person, as the said Luca will declare of this person. And he willed that at the end of the five years the said sum of 500 florins is to be returned to his estate. This company of five years' duration, as expressed above, he ordained thus by full execution of his testament. And only for this section and part [of the testament] he made and willed Luca del Sera and Francesco di Ser Benozzo to be his executors. He desired also that the said company of five years' duration be named `The Execution and Trust of Francesco di Marco and Partners'.

Also he bequeathed to Agnolo di Iacopo and Niccolo di Giovanni, his agents in certain parts of the world, for their use, 300 gold florins for each, as long as they shall live; and at their deaths, or that of either of them, the money, which was for the use of the dead man or men, is to be turned over to the estate of the said testator; provided that they make [a] binding and suitable agreement to return them.

Also, Francesco the testator willed and ordered, for the love of God, and in order that he might give to the poor that which he has had from God as a gift and through his grace: that his large house and his place of residence in Prato, with the garden and the house facing it, or in truth his loggie, rooms and decorations [58], is intended to be and is to be a certain Ceppo, Granary and private, not sacred, house. Under no circumstances is it to be placed under the Church or ecclesiastical officials or ecclesiastical prelates or any other ecclesiastical persons, and under no circumstances may it be so reduced. Rather, let it always be for the poor, and at the perpetual use of the poor of Jesus Christ, and for their perpetual feeding and emolument. And thus he bequeathed, determined and ordered it in the best manner, way and arrangement he could: with means, regulations, pacts and conditions stated in the present testament, and which will be stated below. Which House, to differentiate it from the other houses for the poor in the said territory of Prato, is to be called, and he willed that it be called, `The House of the Ceppo of the Poor of Francesco di Marco'. For which House, Granary, or Ceppo of the poor he willed and commanded that farms, land and property be bought by the executor-consuls listed below, or otherwise by the governor of the said house who will be ordained below, with whatever money is collected and drawn from whatever place. And accordingly up to now the said testator Francesco gave, consigned, bequeathed, joined together and adapted the said lands and possessions that were purchased, and all their lands, houses, and real estate, wherever they may be, either at present or in the future, for the love of God, to the said House or Ceppo of the poor, his heir indicated below. Of which real estate he forbade sale, alienation or leasing for long periods so that in perpetuity the fruits of these may feed and nourish the poor of Jesus Christ. And if any possession, against this prohibition, be alienated or conceded, that which is alienated he bequeathed to the Society of Or San Michele [59] in Florence. He willed that the fruits that these possessions and properties might yield and provide are to be given to and spent on and distributed to the poor of Jesus Christ, both the publicly poor as well as the secretly and shame-faced poor. This is to be done as the other House and Ceppo of the poor, that is in Prato, does with its wealth, or better. And this is to be done by four of the best and most prudent of the natives of Prato each year. These are to be chosen or scrutinized [60] appropriately in the General Council of the said territory and Commune of Prato, as will be stated below;

commissioned henceforth by annual and perpetual election previously mentioned, and by officers deemed appropriate, in the said Commune of Prato, and their removal [from office] and deprivation [of authority].

He willed and prayed that this election be undertaken with full mandate and authority and at the pleasure of the Commune, yet always taking into account the things contained in the present testament and his last will. And especially [they are responsible] for defending the said House or Ceppo from anyone, at the expense of the said House, and for the collection and reacquisition of goods, rights and money, credits, bequests and legacies, and such as are listed below as the other things that belong to it. And they are to to make a settlement concerning the things recovered, and to investigate, litigate and defend, and do other things that may be ordered by the said Commune. And because he has confidence in the Commune of Prato and its important men, he commended the said House and Ceppo to the said Commune, with his accounts and bequests written above and herein, for the use of the poor, and ordained for their food, and the maintenance, governance and supervision of it [the Ceppo], at the expense of the said House. And [he commended] to that Commune the rectorship, regimen, governance and primary administration fully and in all things, and in addition the exaction of all debts and rights [due] the said Francesco, whether or not his legacy is taken possession of, in just the way Francesco would have done it during his lifetime if he had wanted to. Thus he gave, committed and conferred in perpetuity and for any future times: in order that, for the love he bears for the said Commune of Prato and for the men of the said territory, they be enabled to collect and hold the things owed and that will be owed to the said Ceppo. And as for the things recovered, they are allowed to do that which is ordained above and below and which may be ordained. And against any powerful man or magnate who wishes in any way, and with any title or means under secular or ecclesiastical veil or cloak to occupy the said House or property, and with the good office, that is help, of the said Commune of Prato, it (the Ceppo) is allowed to defend itself. He prayed and admonished the said Commune of Prato, that in such a way as it pleases him to provide, let his heir as below written be preserved without damage, by the said Commune of Prato, from any payments or promises made by the said testator; and let the gifts and receipts as written and promised here and there, as agreed upon, be cancelled when they come due. And which Commune of Prato, and whoever will be deputed by the Commune, in addition and out of prudence, he made his agent in perpetuity after his death, empowered to recover all of his credits and accounts, and to do everything that the testator would be able and would have been empowered [to do], with a full and free and general mandate, for the execution of the present testament, and with full and free and general administration, and especially to rearrange various things, if they judge such to be the best. And if it seems right to the Commune to buy properties either entirely or as a partner, [they are] both to cash in and terminate their present and future credits in the Monte [61] of the Commune of Florence, and to arrange with the clerks to grant permission. And also let them be able to recover all of the loans and forced loans and any other things due to (the Ceppo) or that will come due from the Commune or from any other person, commune, association, company or place, and likewise to terminate and clear them.

Also the said testator willed and declared that in the said annual election that will take place for the said four good men who will run the House and regulate, direct and augment it, and with advice and support to distribute both the fruits and property of the legacy, as is stated above, according to their good consciences [and] as they see best, the testator desired that the following be present and take part in the said General Council of the Commune or scrutiny, to give their beans [62] and voices each time, or at least be informed or warned of, or summoned in person or in good faith at their houses at, the day and hour of the elections: these are Chiarito di Matteo Chiariti, Lionardo di Ser Tommaso di Giunta, Barzalone di Spidaliere, Ser Amelio di messer Lapo, messer Piero Rinaldeschi, Giovanni di Bartolomeo, Stefano di Ser Piero, messer Torello di messer Niccolao, messer Bonaccorso di messer Niccolao, Martino di Niccolao Martini, Bartolomeo di Matteo Convenevoli and Biagio di Bartolo, all of Prato [63]; and in their absence, their descendants, of each of them through the male line, no more than one per household, however, of legal age, and the eldest. And these listed above and their descendants in the said manner he chose and named as protectors and continually vigilant attendants, defenders and lovers of the said House and Ceppo, and of this last will, thus, truly nothing can be done, outside of the General Council, against the said four who are to be elected from one year to the next. But he willed and prayed that they (those listed), in sum, might be helpers both for aid and defense, for love of God and from their friendship for the said Francesco and for [the good of] their souls, of the said House and Ceppo, against all of those who might wish to treat this good work as an enemy, or to do anything to diminish or ruin it. And [they are] to give advice often about the good condition and perpetuity of the said House, for love of the poor of Jesus Christ, whenever they are requested in any way by the Commune of Prato or by the four presidents. These four above-mentioned presidents, nevertheless, at the end of their terms, are to render account of the things done by them, as the Commune sees fit.

Also, from prudence, and for the quicker expediency of the said poor and House and Ceppo, beyond the other authority mentioned above, he arranged and ordained: the four presidents of the said Ceppo or House of the Poor, at whatever time in the future and in perpetuity, after the death of the testator, [acting as] his, or rather his Ceppo's, attorneys, are to review, calculate and settle in full with each his accounts, and to take, receive and recover from the Commune of Florence and its treasurers, Francesco's payments, gifts and interests from credits inscribed in any Monte of the Commune of Florence, and which may be subscribed to by him or his heirs, present as well as future. In addition, [for] those {payments} which are called the sostenute [64], and those which are called accattoni [65], and [those of] the fund of the accattoni and/or loans, and any other interest payment of whatever fund, they are to disclose (the accounts) and thereafter to make a valid and full settlement. Another attorney or attorneys, and each or all, (are) to carry out, supersede and revoke for them the above-mentioned matters as they see fit during the present commission. And (they are) to convert principally the said payments into forced loans to the Commune of Florence for which Francesco is or may be responsible, as long as the current law is in effect and/or until the current forced loan or loans are renewed, and [until] the name of the said Francesco is removed for being no longer indebted: so that any others, against the obligation or against his will or against the company which was above ordered to continue, should not be harmed by the said forced loan.

Praying that these four presidents be benevolent toward the impoverished friends of the said Francesco, who are well-known to the said Mona Margherita, Luca, Barzalone and Lionardo: he desired that these four presidents and their deputies, not however derogating to themselves or others those things that are above stated in the present testament, in addition be able to investigate for judgement and litigation, recovering the credits, and to terminate, force disclosure from and personally obligate the debtors and have them released, and have their goods sequestered or placed in holding, and [to do] other things pertaining to the above that are needed to be done. And the said testator willed and declared that the carta della procura [66] must be honored for recovering the Monte payments, and the other matters by the four Pratesi presidents, to the said Ceppo, without any election or special authority required by the Commune of Prato, or any formality that has to be observed, observing only the present testament or the institution of the sole heir indicated below; and this carta di procura that will be drawn up by the said four Pratesi presidents or those asserting that they themselves preside at the said Ceppo, with the letter of testimony from the Eight Defenders and from the Standard bearer of Justice of Prato [67] by a notary who will be summoned for that purpose, if at Prato the said writ will be drawn up by a Pratese notary; but if in Florence it is to be by a Florentine notary, and the testimonial letter should not be necessary. Also, for the perpetual devotion toward the said House and Ceppo or Granary of the poor, and so that there might be someone there continuously to keep the door open over time, and receive the embassies of those who come and go on the business of the Ceppo and House, and might note and order the things useful for the said House, and who will have to make requests of the said four presidents who are then sitting, and to see to it that the House is not ruined with too much expense; and the roof and other things are repaired, and eveything is maintained both tidy and clean: he willed and ordained, insofar as it is pleasing to the said Commune of Prato, that a caretaker be found by the said Commune of Prato, either a married or single man, of good condition and repute, solely to look after the said house, to whom will be given a place to live, for the love of God, in some part of the house. And in addition [he will be given] some stipend for living expenses, for the duration [and] in such manner and form as the said Commune will have decided.

Also he desired that the said Mona Margherita, Luca, Barzalone, and Lionardo, and their survivors shall be the solicitors and overseers of all of the aforementioned things: that the debtors pay, and that the property is bought with the money that is collected for the said legacy by the said Ceppo and House; and that the said payments, gift and interest, both money and credit, are collected; and that all of his testament, both above and below, be executed. This is because they are as fully aware of his intentions, as in all things, as Francesco. And he prays of the said Commune of Prato, that in things to be done for him, which are of importance and weighty, they confer with them and their survivors: wishing that in default of those things that are not done the said four named above shall be able to register complaints wherever there may be need, and to compel and have such things done. And furthermore, if in their judgment it is necessary, to carry out or have carried out this present testament and his last will, until everything will be carried out, [let these things be done] insofar as they can be; and [they are to do] this, insofar as such execution might be lacking, and insofar as those things ordered [68] by him are not done with the promptness, [and in that] manner and form he ordered; and in this case they and their survivors will be empowered to recover and settle the payments to the Monte of the credits of the said Francesco and of the forced loans and of the other obligations, both their money and capital, and in addition to terminate those things called the sostenute, or by some other name; and to do all things that the testator, were he living, could do with regard to these matters. And with the recovered money they are to pay the forced loans of the said Francesco that will continue, or they will have it placed with the fund of the said Ceppo for the execution of his testament. For these matters he also made these four and their survivors his attorneys, though not revoking the others, continuing after the death of the constitutor (Datini) to recover and settle the said payments to the Monte and to other funds, which are conceded above to the said Commune of Prato, or to the four to be elected by the said Commune. And that in addition, with regard to the payments and donations recovered and settled and admitted, in the said case they can create and deputize another attorney for themselves as they will, and revoke that deputy and create others.

And he instituted, made and willed that the said House and Ceppo of God, his universal heir, is to be maintained, for the love of God, private in all of its other wealth, movable and immovable, in its affairs and actions present and future. And this he asserted, as above, for perpetuity, also beyond 100 years, and in the future for the use and necessities of the poor of Jesus Christ, and the said poor, as is ordained above, and in the section which begins `Also the testator Francesco, etc.'; and the said Commune of Prato, governor and rector, being the receiver for the said House and Ceppo and poor. Thus he desired and had as his intention, he said, that the said House and Ceppo and his aforementioned wealth [are] to be in all ways private [lay-controlled] and not controlled by any ecclesiastical authority, and in no manner to be or by agreement to be able to be called ecclesiastical, but maintained secularly, for the love of God, for the above-stated use in perpetuity. Nor is it to be subjected in any way to the Church or clerics or prescitis iudici [69] or anyone. He also wished that this his testament, in the form of a book, remain open to the public view [and] anchored with a chain in the previously mentioned House and Ceppo, so that the will of Francesco may be noted by all, and from there it should not be easy to remove it. In this also he desired that there be written from year to year both the names of the four who are elected, who were mentioned above, and other things that the Commune pleases and judges to be better and more apt, as a record of future things.

And he made and willed to be the general and principal executors and trustees of both his testament and last will, for periods of not more than three years, citizens who are honorable and reputed to be faithful in affairs committed to them: Consuls of the Calimala Guild in the City of Florence [70], who will be in office at the time, both parts of them, also when the others are absent, and not being solicited or in opposition, nor acceptors, dead men or those removed: excepting always [control over] matters that were committed to his other friends as above. He thus prays the said office of Consuls that for the love of God they not disdain to accept this pious commission for the poor: lest, lacking their favor, the impetus for this foundation might perish. And to comfort them with little bother, let them confer on courses to take with Luca del Sera, Barzalone di Spidaliere and the other two named above in the first bequest and elsewhere, or with any one of them, because they are fully informed of the extent of the property and of his intentions in almost all matters. As stated above, the testator, for the execution of this testament and the legacies and his last will, and of the things that have to be done in order to recover his estate, for the love of God both to augment and oblige the said Ceppo his heir, he gave and conceded to those Consuls, executors and trustees already mentioned, and to both parts of them, permission and full authority, mandate, and power over goods, to seize and apprehend his wealth, things, agreements, and credits, always excepting the above and below-stated things and goods which were forbidden to be alienated, and the company he declared to be continued after his death. And, without requests from the heirs, to alienate, sell, cede and establish prices for these and to promise the eviction of them, and to obligate the said heir and legacy and hereditary goods of the said Francesco, and to investigate the affairs of the fattori and business managers of the companies and other debtors, to make accounts and collect payments, and to assume and constrain, terminate and release these goods in payment, and to obligate them (the managers, etc.) both personally and in their goods; to elect accountants; and to appoint attorneys, agents and deputies, (with) their commissions remaining firm. And in order to do the above-mentioned things and each one of them, and by reason of them or of whichever of them, and for any other reason, in Florence, Genoa, Barcelona, Pisa or Venice, and in whatever part of the world, with whatever, to demand, negotiate and defend, and to follow through the negotiations already begun, also after the death of this constituent and at whatever time; to investigate both the sale and termination of the litigation and dispute brought before whatever lord or presider, rector or official, in whatever place and against whomever, and to do all things that pertain to (an) investigation and negotiation and to do all of the said things, the legacy taken possession of, or not, of the said Francesco and the heirs not required [72]: and generally to put into execution all and each of those things, for the above-stated things and on their account, and for the said Francesco and his legacy, and also for the legacy and company in any way, manner or means for having it done better; and to do those things that the testator would do during his lifetime, in any way possible: he concedes to them in the above and concerning the above, full free and general mandate with full free and general administrative powers.

And finally the said testator prayed and warned, as at another time he said that he had been advised, the said Consuls, and the Commune of Prato, and the four who will be elected presidents of the Ceppo, and all other executors, and he warns them that they should take care not to erect altars in the said House or Ceppo ordained above, not to have made an oratory or any form of ecclesiastical place, or to do any other thing on account of which one might be able to call the said House and Ceppo an ecclesiastical place. And henceforth under the title of the benefice if it should happen that enemies enter there or occupy it: this is entirely against the intention of the said testator, who wills that, in order to avoid this trap, his heirs use every force and any expense to remove anything that might cause such trouble, which may appear at any time, if it pleases God. And this is his last will...etc.

Annulling [all previous wills, etc.]

FIRST CODICIL OF THE LAST WILL AND TESTAMENT OF FRANCESCO DI MARCO DATINI OF PRATO

In the name of God, amen. The year of Our Lord, of his incarnation 1410, day 31 of the month of July. Done in Prato, in Porta Fuia, in the room of the house where the below-signed Francesco di Marco resides. Present are ser Magio Bartolozzi of Porta Fuia [73], Francesco di Domenico Naldini of the popolo of San Piero Maggiore in Florence, Barzalone di Spidaliere of Prato, a citizen of Florence, brother Iacopo Buosi a brother of the Order of St Francis of Prato, and Luca del Sera of the popolo of San Michele Berteldi in Florence, summoned orally as witnesses to these matters, specifically called as witnesses by the said Francesco di Marco, maker of this codicil.

It is true that Francesco di Marco Datini, merchant of Prato and Florentine citizen, has made a testament noncupatively concerning the disposition of his wealth, without having written it, it having been written down by the hand of Ser Lapo Mazzei of Prato, a public notary of Florence. Because it is permissible, however, up to the point of death, to depart from the terms of any last will; and therefore because of conditions and various events it may become necessary for him to change counsel: for this reason the said Francesco, being healthy in mind and senses, though infirm in body, through the said present codicils demands that the above-mentioned testament remain in effect and have the fullest force. These things, nonetheless, are added to it; that is:

That, first of all, he bequeathed, from his wealth, to Francesco di Ser Lapo Mazzei of Florence [74] 200 gold florins. And if he should not be living, he bequeathed it to the brothers of the said Francesco, or to the said Ser Lapo. And should it happen that the said Francesco and Ser Lapo should die without legitimate and natural children, then and in that case he willed that the said 200 gold florins should return to the Ceppo of the said Francesco, and not otherwise. Otherwise, given that this Francesco and Ser Lapo have sons, then, after the deaths of both the said Francesco di Ser Lapo and of Ser Lapo and of all their legitimate and natural sons, both present and to come, that may be born to the said Francesco and Ser Lapo, or either of them while they should live, the said 200 florins shall return to the Ceppo of the said Francesco.

Also he bequeathed to the son of the said Ser Lapo, that is Piero [75], his fattore, for life, 200 gold florins; and upon his death, he commanded and willed that, the said 200 florins should revert to the Ceppo of the said Francesco [76].

Also the said Francesco di Marco commanded and willed that the said Ser Lapo is to be and must be an executor of his said testament and last will, together with the said Mona Margherita wife of the said Francesco, Luca del Sera of Florence, Barzalona di Spidalieri of Prato and Lionardo di Tommaso di Giunta of Prato, in whatever part of the said testament and last will the said Mona Margherita, Luca, Barzalona and Lionardo are named, to put into effect or deliberate upon any matter.

He fully confirmed all matters previously made and established by him in his testament and last will. And these he willed to be his codicils and last will, which he wished to be valued at law as a codicil and last will, by which it is best to be valued and held.

SECOND CODICIL

Item: the same year and indiction, and the first day of August. Done in the territory of Prato, in the house wherein resides the said Francesco. Present [were Domenico di Gherardo Piaciti of Florence, Francesco di ser Benozzo, a partner of Francesco Datini, Francesco di Domenico Naldini and Guido di Sandro di Piero, all Florentines, and Giovanni di Domenico di Cambio, also a Florentine citizen].

The above-mentioned Francesco di Marco, although of infirm body, being nonetheless healthy in mind and intellect, and knowing that it is impossible to remember everything, and also that the will of man is always changing until death, and desiring to add to and declare several things in his testament, and also to diminish and change the design of several things for the better, this he endeavored to do and did in these present codicils.

And first he willed and declared that should the brothers of San Francesco in Prato and their convent create obstacles to the preparation and reception of the body of the said Francesco in the church, or if they should not permit this to be done by his executors or by Mona Margherita, Luca, Barzalona and Lionardo, named above in several places in the testament, in the brick pavement inside the said church, in such a manner and with such discretion both as they [the executors] wish, and is done typically for men of the status of the said Francesco, also without any charge or other action of the said four, as ungrateful men (although he does not think that they will act so), he deprives these brothers and their convent of every bequest, favor and emolument provided to the said brothers, church and convent, or that which was to come from his bequests above-mentioned and declared in the previously written testament.

Also he willed and declared, for certain just and reasonable reasons and mostly because his legacy is not in cash, but needs to be drawn and taken from his businesses and merchandise which are in many parts of the world, that no beneficiary of any sum of money from his testament and last will will be able to compel (delivery of) his legacy, in either goods or money on account for his inheritance, nor any rights belonging to them, except after five years beginning the first of next January. He prays, nevertheless, that his heir and the commune of Prato and the others to whom this pertains, and also the said lord consuls, and the said Mona Margherita, Luca, Barzalone and Lionardo, that insofar as possible, and where there is greater need, payment might be made more quickly, as would befit the honor of the said Francesco and the welfare of the beneficiaries, as appears necessary for several of the beneficiaries above otherwise ordered to be paid, and according as will occur from time to time. And thus, and insofar as possible, this is to be done neither acting against nor diminishing in the least the above-mentioned company established by the testator which is to last five years. And he willed that the above-mentioned matters proceed. And they are to proceed as seems fitting, and as is pleasing to the said Mona Margherita, Luca, Barzalone and Lionardo. And he placed it under their free will.

Also he willed that up until such time as the said Commune of Prato and its four rectors or officials who are to be elected for the said Ceppo and House are in possession of the said inheritance of Francesco and the property, and are perfectly ready to begin to control the said inheritance, Mona Margherita, his wife, with her serving girl, or household, or suitable companion, shall be allowed to inhabit the said house and houses and gardens of the said Francesco, as above set aside for the Ceppo, and to receive the executors and agents who will often come from Florence and elsewhere to her at the said house on business concerning the said estate. He considers this will be necessary for one year, and perhaps for two. And this is to be at the expense of the estate, as will be declared by the said Mona Margherita, Luca, Barzalone and Lionardo named above.

Also he willed that Antonio di Bicocco of Prato, master, if at any time he should have the ability to pay what he owes to the said Francesco, and all of the other masters, laborers, sand-carriers, kiln operators, smiths and carters, who have been obligated to the said Francesco for the last four years, are held to pay that which they justifiably owe to the estate of the said Francesco or to the said Francesco. This is to be collected properly and honestly.

Also he willed that the salary of Tommaso di ser Giovanni da Vico, his factor in Avignon, be declared and determined by the said Mona Margherita, Luca, Barzalone and Lionardo named above in several places. And the sum due for his salary is to be discounted by his debt, or by that which the said Tommaso is said to owe the office, books or businesses of the said Francesco, in so far as the account requires, and as reason dictates and requires. Also that in the books and places where Guido di Sandro di Piero, fattore of the said Francesco, is inscribed as a debtor for certain sums of money that he drew out, and in truth returned but did not receive credit for, and it is true, that for those reasons as Luca, above-mentioned, knows, he owes nothing (and this was from six years back) let [any recorded debt] be cancelled, in the knowledge that nothing remains due from him. And let this be done by his executors, or by Luca alone: that they adjust the accounts as they ought to be adjusted according to what is true.

Also he willed and commanded that his two altars in the Pratese church of San Francesco be surrounded with two grills or railings of walnut-wood, as has been agreed upon, at the expense of the estate, and as the said four executors will direct and determine.

Also he bequeathed his garden in Prato, near the place called Al'Olmo, for the use of Mona Margherita his wife, and to another woman [no doubt his daughter Ginevra] whom he has secretly placed with his wife, for the duration of their lives.

Also, considering the present state of Stefano di Ser Piero of Prato, his friend, he willed that whenever any of his daughters should marry, and in order that she might marry, and to help her marry, there should be given to each at the time of the wedding 50 gold florins. If they should come upon better times, let them each be given a smaller sum, as seems fair to the said four presidents.

Also he willed that the land, given for the love of God, as above in the testament, for the use of Mona Domenica, the widow of Meo, called Sacciente, who is currently staying with the said Francesco, also be given after the death of the said woman for the use of Simone, the son of the said Mona Domenica, if he is still living.

And the other things that are contained in his previous testament are fully confirmed.

And he affirmed these to be his codicils and last will, which he willed to be valid according to law as codicils or as gifts (made) on account of his death, and [that this be done] by every best way, means and manner by which it can be best valued and held, etc.

THIRD CODICIL

In the name of God, amen.

Francesco di Marco Datini, merchant of Porta Fuia in Prato, Florentine citizen, by the grace of God healthy in mind and senses, although infirm in body and lying in bed: considering that he has made his testament, written by the hand of the public notary Ser Lapo Mazzei, and considering that he himself has enjoined his executors to do certain things, which were imposed on them by Francesco, that is Mona Margherita his wife and the daughter of the late Domenico di Donato of Florence, and Luca del Sera, and Ser Lapo Mazzei of Florence, and Barzalone di Spidaliere of Prato, a Florentine citizen, and Lionardo di Ser Tomaso di Giunta of Prato, his [Francesco's] son-in-law, with full authority and power given to these five executors etc.; and he himself saying that he has great faith in his wife Mona Margherita, and the other afore-mentioned executors; he therefore wishes that these executors be not harmed in any way regarding the goods, provisions or household furnishings of the said testator and of the others written below.

Therefore he wishes, beyond that which has been disposed in the said testament and in the said disposition of the executors, to regulate and order his will and disposition he ordained and put into order the last will and disposition of Francesco thus through the present codicils and in this manner, that is:

First, through the present codicils Francesco bequeathed, willed and disposed in behalf of the legacy, that each and all provisions and cloths and tools and goods and household furnishings belonging to Francesco that may be found in the various residences of Francesco, as in the houses situated across the way, or elsewhere in whatever place, in the territory of Prato or elsewhere outside of Prato, in whatever place, which belong to the furnishings thereof; and each and all of the animals of the said Francesco, wherever they may be; they belong and and ought to belong, with full legal force, to the care, governance, administration, custody, disposition and/or dispensation of the said Mona Margherita, Luca, Ser Lapo, Barzalone, and Lionardo, all five of the executors of the said Francesco, and to the five executors and/or to their survivors.

And that these executors and/or any of them shall in no way be held neither/nor may they or ought they be constrained and/or obligated, and/or harmed, regarding these goods, provisions, cloths, tools, furnishings or animals, for any reason or cause, by the heirs of the said testator or by the Commune of Prato, and/or by any other person and/or organized group, and/or ecclesiastical and/or secular official, to make or have made any inventory and/or description, and/or any promise, and/or surety, or henceforth to loan or to do anything with them or any of them, for any reason either by consignment and/or administration by anyone, and/or to render, show or hand over (anything), whether according to a legal judgment or not, de jure or de facto or in any way whatsoever other than according to the wishes of the executors.

And also, in addition to the above-mentioned things, the said executors and/or those who survive them, are enabled and ought to choose, from this point and hereafter, after the death of Francesco, at any time, from (among) these cloths, provisions, furnishings, animals and other goods from among the belongings of Francesco, wherever they may be; and these executors or their survivors may hand out and/or dispose of and/or give away for the love of God, for the soul of the said Francesco; and/or they may sell and/or alienate inter vivos, and the income henceforth they are to receive and acknowledge and/or to seek and obtain from which and those, both when and how, together or separately, at one or more times and however the said executors will. And/or in order themselves to hold and possess, to use and enjoy and use up and consume, the executors may do anything they wish to, either all five or their survivors, freely, licitly and expeditiously without permission or approval or agreement or argument from the heir of the said testator and/or the Commune of Prato and/ or of any person or organized group, ecclesiastical or secular, at present or in the future, as Francesco, were he still alive, could do without having to account for his actions to anyone.

When asked by me whether the above is to be understood to apply to money, he said `no', saying that he himself kept no money in the house.

And in all other things he confirmed his said testament and dispositions.

And he said this: that he willed that this be his last will, which he wished to be valid at law as codicils, etc.

The said codicils, etc. were made for the said Francesco, etc., in Prato etc., in fourteen hundred and ten, third indiction, on the eighth day of August, etc.

NOTES TO MARCO'S WILL AND CODICILS

1. This is the same neighborhood that his son Francesco would inhabit.
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1a.The pieve was the regional church in which baptisms were permitted; the term comes from the Latin plebs, or 'the people'. It was later raised to the status of cathedral (Santo Stefano).

2.A money of account, 12 denari made a soldo (solidus) and 20 soldi made a lira. this accounts for the use in older English coinage of d. for penny and L for pound.

3. Such confraternities were associations of pious laymen who gathered for prayer, the singing of `lauds', charitable activity, or in some groups, mutual flagellation. They saw to it that their deceased members were buried properly and prayed for. See for example Ronald Weissman, Ritual Brotherhood in Renaissance Florence (New York, 1982).

4. Piero di ser Giunta, the executor of at least parts of Marco's will records rather larger gifts in fact made to the Franciscans (30 rather than 20 solidi), San Pier (30 rather than 10 solidi) and the Confraternity of St John, below (20 rather than 10 solidi) (Archivio Datini, Prato, Libro #110, Conti di Piero di ser Giunta -- l'administrazione sul eredita di Marco, padre del Datini, fol 3.

5. The House of Dolce was a thirteenth-century foundation in Prato for aiding the poor and orphaned or rejected children. In the 16th centruy it would be joined to the Misericordia foundation. Its name comes from that of its founder, Dolce Mazzamuti.

6. Note that he changes this to one year in his codicil, below. According to R.C.Trexler, if executors did not act within one year, the local bishop had the right to step in.

7. Note the similarities to Francesco's provisions for his wife, Margherita.

8. That is, the eventuality of the deaths of all of his children.

9. The first mention of the Misericordia (`mercy') dates from 1219, its first surviving statutes from 6 February 1240/1. Like the House of Dolce, it cared for the infirm and children. Also, although it was begun and run initially with clerical oversight, priests were replaced with lay governors later in the fourteenth century.

10. With the death of Mona Vermillia soon thereafter, Piero Giunta and his wife, Mona Piera, cared for the surviving children. Their son, Nicolo di Piero (died of the plague in 1400), and Francesco Datini would be close and lifelong friends.

11. The lacuna here should be filled with "ordinarius", as this is the case in the codicil.

12. Probably the same Catherine mentioned in the testament, his sister.

13. He had omitted specific reference to executors in his testament, apparently expecting the guardians of his children, or his children themselves, should they live to legal age, to act in that capacity. He obviously came to feel that this was too tenuous an arrangement.

14. Seal of the notary.

1. Francesco Datini had retained very strong ties to the Franciscans of Prato from even before his return from Avignon. His relationship with Fra Francesco di Iacopo went back at least to Sept. 1385, when the good brother expressed in a letter to the merchant the needs of his convent and his hopes that Datini would participate in the upcoming festa of St. Francis. On Datini and the Franciscans see Joseph Byrne, "Francesco Datini' `Father of Many'", Ph.D. dissertation, Indiana University, 1989, pp.167-197.

2. Ser Baldo appears first in an undated latter from Lapo Mazzei probably from early 1404/05 as "il nostro ser Baldo" `who has the will to serve you.' Apparently he did so: he would also remain to draw up the first codicil made later the same day. Ser Magio was another public notary. Barzalone had been a faithful household servant of the Datinis and business agent of Francesco's in Prato for many years, often left in positions of resposibility in his master's absence. Naldini appears first in 1404 as `Checco' a shortened form of Francesco, and is referred to as a `wiseacre' by Mazzei; he, too, was a servant of the Datinis.

3. Francesco had been recognized as a citizen by the Florentine government in 1394.

4. Simply refers to the fact that Datini dictated his will before a certain number of witnesses.

5. The concept of heaven as a `celestial court' was a very vivid one. Christ as the great Judge had been commonly portrayed in medieval art, and in several letters to and from Datini the `court's role in one's final disposition was discussed. For example, Datini had written requesting a painting containing a large number of saints' images. His agent in Florence replied, `... it seems you want a procession!... It seems fitting to me that you want many advocates [lawyers] for yourself who will advocate for you before God.' (See John Larner, Culture and Society in Italy, 1290-1420, pp.319-320.)

6. Margherita was Datini's wife; they had been married since 1376. Luca del Sera had been a partner of Datini's, responsible for the Florence shop and office for over 20 years. Lionardo was his illegitimate daughter Ginevra's husband (since 1406), and the relation of his dear old friend Niccolo Giunta. On Margherita see most recently Joseph Byrne and Eleanor Congdon, "Mothering in the Casa Datini, 1376-1410," Journal of Medieval History, January 1999.

7. Erede (lit. `heir') refers to the ceppo or pious foundation for the poor that Datini established below in this will. Where clarity demands it, I have substituted ceppo for `erede' accordingly.

8. Mazzei scrawled in the margin of his copy of the text, next to this item, 'Brunus', a reference to his hope that his son the Goldsmith (Bruno) would get the commission. The pieve of San Stefano was the central church in Prato, and would later become its cathedral. The Chapel of the Cintola is located near the nave entrance and contains the 'girdle' or cincture supposedly handed to St Thomas the Apostle by the Virgin Mary as she arose from earth to enter Heaven (the Assumption). Prato acquired this famous relic from a local knight who returned from one of the Crusades. Today it is still presented for public view on certain feast days. The lamps which still burn in the Chapel (decorated by Agnolo Gaddi, who also worked for Datini) are said to be those purchased with Datini's gift. Guasti included the record of the final payment for the lamps to Matteo di Lorenzo of 300 fl. in his edition of Mazzei's letters to Datini (Cesare Guasti, Lettere di un notaro ad un mercante del trecento,  II; pp.418-9).

9. Alienation of gifts was a real problem for donors or testators. That both Datini and Mazzei were aware of this is clear. In January 1395/6 the clergy of the pieve decided against any future alienations, as a result of which Datini ordered his partner in Florence to find something `good and beautiful and inexpensive' for the church. When Datini ordered a chalice for the convent of San Francesco, his agent, Mazzei, inquired `whether you want on the bottom edge your name... so that they might not sell it as a possession of the convent' (Byrne, "Francesco Datini, `Father of Many'", p.192).

10. Probably a reference to the local wool-finishers guild rather than the more famous one in Florence (though this is a possibility since Datini had joined it in 1404). Guilds were often given responsibilty for specific churches or chapels: in Florence the Calimala had charge of completing the Franciscan church of Sta. Croce (see Gene Brucker, Renaissance Florence, New York: Wiley, 1969, p.33).

11. This was a Camaldolese convent, and this gift is the largest single gift to any religious house. The specificity of his gift, perhaps, shows a wry sense of humor in the old merchant: he had been supplying them with wine from his own supplies since at least 1396, and they had asked for little else. This monastery was also to become a meeting place of humanistically-minded Florentines in the next generation. See Byrne, "Francesco Datini, `Father of Many'", pp.209-211.

12. Both Professor Philip Gavitt and I interpret "mutati" in the original to mean 'changed' with reference to fresh swaddling clothes; the bracketing of the term by 'fed' and 'looked after' seems to indicate this. Datini may have had a different connotation of change in mind, however.

13. Spidalingo refers to the chief functionary and administrator, hence superintendant, of an ospedale, a sort of combination almshouse and hospital.

14. Datini's notary Lapo Mazzei was Santa Maria Nuova's notary, and could be expected to see that the bequest was carried out. This gift was realized several years after Francesco's death in the founding of the famous Ospedale degli Innocenti in Florence. It was patronized heavily by the Calimala guild of Florence, of which Datini was a member. Its facade and loggia were designed by Brunelleschi, and is recognized as a landmark of early Renaissance architecture. See Philip Gavitt, "Charity and Children in Renaissance Florence: The Ospedale degli Innocenti," PhD diss., University of Michigan, 1988; his forst chapter is based heavily on this will.

15. Sacciente, among other things, had provided transport for goods between Florence and Prato, and had died in the plague of 1400. Mona Domenica had been an object of Datini's charity for about a decade. See Byrne, "Francesco Datini: Father of many", pp.124-125.

16. According to Iris Origo (The Merchant of Prato, New York: Knopf, 1957, p.392), a staiora is the area of land necessary to produce about one staio, about one bushel, of grain.

17. "Good alms" went to those truly in need, and no amount of support was expected to raise one out of his or her social class. A poor person might hope for subsistence, but not luxury. This attitude may be traced back to the role of the virtuous poor as worthy prayer generators for the wealthy: corrupt them with too much, and their virtue could fade. Some social historians also see this as a way of keeping the poor `in their places.'

18. Possibly he was the son of Simone di Andrea da Prato, a fattore for Datini in the early 1390s.

19. The modern moggio, a dry measure of grain, is about five bushels; according to Iris Origo, the Florentine moggio of Datini's day was the equivalent of about 24 bushels.

20. The reference to 'children of the first degree' is likeliest to be to those children directly fathered by Andrea.

21. Datini had had a long relationship with the friars of San Francesco. He regularly supported their special feast day (and his own name-saint's day) dedicated to Saint Francis. He also provided them with a wide range of victuals, goods and services. Datini had part of the church frescoed, and built and supported two altars. The church had served as his father's burial place, and would also serve as his own. See Byrne, "Francesco Datini: Father of many," pp.167-197; on gifts left to churches in Florentine wills see Sharon Strocchia, "Burials in Renaissance Florence, 1350-1500," PhD diss., University of California, Berkeley, 1981.

22. Chiarito was apparently related to Datini, but the relationship is hazy.

23. The estimo was the basic direct tax which the Florentine commune levied on its contado, the territory outside of the city itself which it controlled. It was based upon an estimated value for the total wealth of a particular district, hence the name. Prato had been part of Florentine territory since its sale to Florence by Queen Giovanna of Naples for 17,500 florins in 1351 On the estimo see Anthony  Molho, Florentine Public Finances, Cambridge, Mass.: Harvard University Press, pp.26-45.

24. During his lifetime Datini had made several gifts to bolster girls' dowries -- though never enough to constitute one fully. In order to marry, a girl needed a dowry, and providing for one for a poor girl was considered "good alms." See Byrne, "Francesco Datini: Father of many," pp.132-136; Julius Kirshner and A. Molho, "The Dowry Fund and the Marriage Market in Early Quattrocento Florence'" Journal of Modern History 50 (Sept. 1978) 403-438; more recently Molho' s Marriage Alliance in Late Medieval Florence, Cambridge, Mass.: Harrard U.P., 1994 .

25. Girls to be dowered from charity, as with all recipients of alms, were expected to be morally worthy of support; after all, part of the value of alms was the prayers of the recipient on behalf of the donor.

26. Tommaso had been a fattore from 1392 to 1401, when he replaced Boninsegna di Matteo, one of Datini's earliest partners in Avignon. The gift, as similar large gifts to others, was probably meant to be invested, with the profits going to the recipient, and the principal sum returned upon the death of the recipient.

27. The lamps burned olive oil in signification of Christ's presence. The two altars had been placed in the church by Datini, and fully furnished for the liturgy of the mass; the crucifix had also been donated by Datini.

28. Mona Lucia was a slave and the mother of Ginevra, Datini's illegitimate daughter. Lucia was married to one of Datini's servants, one Nanni.

29. Tieri had been a partner of Datini's in the Avignon office since the late 1370s. On the Avignon compagnia see Federigo Melis, Aspetti della vita economica medievale, Siena: Monte dei Paschi, 1962,  pp.135-172; on Datini's testamentary liquidations of his business affairs, see Melis, pp.331-333..

30. A reference to the necessity of returning the money on the death of the recipient.

31. Freeing captives was considered one of the corporal acts of mercy, and thus liberating one's slaves was considered healthy for the soul.

32. Guasti noted that in at least partial fulfillment of this stipulation Lorenzo Sassoli was paid 100 florins on 27 October 1410. (Guasti, Lettere, II, p.279 n.1)

33. Compared with other testators of his age Datini was very imprecise about his provisions for post-mortem masses. Jacques Chiffoleau has examined the tendencies in late medieval merchants to account precisely the number and scheduling of masses to be said on behalf of the soul of the deceased (La Comptabilita de l'au dela, Rome: Ecole francais de Rome, 1980); see also his "Sur 'l'usage obsessionel de la messe."

34. A torchio was a large, usually decorated liturgical candle.

35. The Florentine church of Ognissanti (All Saints) was run by the Umiliati Franciscans, an especially humble (and therefor pious) branch of the order. Brother Ventura's relationship to Francesco is unknown. The Mass of St Gregory was a series of 30 masses said over 30 days for the soul of the deceased.

36. These monks had received apparently little during Datini's lifetime (17 `barrels' of wine in 1387, and two lire to two brothers in 1391 are all that is recorded in the household accountbooks).

37. San Domenico was the Dominican friary. Located near Datini's own palazzo it had received patronage in the form of money, food and wine. The Carmelites and Servites apparently received little from the merchant during his lifetime -- his records show only sporadic gifts of food and one litugical vestment each. Likewise Datini paid little attention to the Augustinians (Byrne, "Francsco Datini: Father of Many," pp.200-203).

38. Santa Chiara was the Franciscan women's convent to which Datini had donated gifts of money and food, and perhaps financial aid after the collapse of their bell-tower in 1390. The Dominican Cardinal Niccolo da Prato founded the female convent of San Niccolo in the early fourteenth century. Odd gifts and loans appear in Datini's Prato records; more may have been given, and not recorded by Magherita, since both she and her mother were buried in Dominican churches, a sign of devotion to the order. San Matteo does not appear at all in Datini's household records from Prato.

39. Pancali: painted or embroidered ceremonial cloths or banners; they would be displayed on important church feast days. Datini owned several of these and would loan them to various churches.

40.

41. Such meals were customary as gatherings, in the name of the deceased, of family and the clergy. San Domenico was probably chosen because of Margherita's devotion to the preachers. She was a third-order (lay) Dominican in her later years, and a small portrait of her still exists in the refectory of the women's Dominican convent of San Niccolo. She was buried in the Florentine Dominican church of Santa Maria Novella. On these meals see Sharon Strocchia, "Burials in Renaissance Florence, 1350-1500".

42. The problem, of course, is that Datini had had some dealing in the past that was of dubious virtue; it may have been connected with his venture as a banker from 1398 to 1400. In any case his request is for a panel of experts to decide upon a just resolution to the problem, lest his soul be encumbered by its ill effects.

43. Lionardo is Ginevra's husband and Datini's son-in-law, and ser Tommaso is Lionardo's father. Giovanni was related to both men, probably Lionardo's cousin. The implication here is, of course, that Datini is relieving them of any outstanding debts.

44. Both men were wood-workers or carpenters; both had dealt with Datini at least as far back as 1390. Antonio seems constantly to have been in trouble. In June 1387 he wrote Datini that he was in trouble again and needed help. In January 1390/1 he wrote that he was in debt, and was in debtors' prison by April. Again in August 1404 he wrote of his attempts to repay 12 of 25 florins lent him by Datini. From December 1409 to at least 2 July 1410 he was imprisoned in Pisa for debt. Apparently both were imprisoned at the time of the drafting of the will; they probably owed money to others beside Datini -- thus paying Datini's debt would not automatically result in their release.

45. This no doubt refers to Ginevra, Datini's illegitimate daughter. She had been born to Datini's slave, Lucia, in 1392, initially raised away from the Datini household, she was accepted by Margherita in 1398. The omission of the fourth executor, her husband Lionardo, from his confidencewas no doubt well considered. On Ginevra see Joseph Byrne and Eleanor Congdon, "Mothering", Journal of Medieval History, January 1999;  Origo, Merchant, pp.189-195. In the 1400 version of his will Datini had mentioned her as `a certain girl who was secretly placed in the Ospedale of Santa Maria Nuova' (see Guasti, Lettere, pp.283-4).

46. Sassoli was a physician who regularly served the Datini household during the last decade of Francesco's life. On medical concerns in the Datini household see Origo, Merchant, pp.301-8.

47. The expectation of the testator was that his widow would remain unmarried and of good repute, without any taint of scandal to mar his own memory.

48. Quite simply, Datini is freeing her from the obligation to pay a gabelle, or tax, on contracts for her right of usufruct, or "use of the fruit" of the land, the sale of which produce would provide her a source of income. In the later medieval Italian practice of mezzadria, a type of sharecropping, an agricultural laborer would contract with the landowner for the use of his land and any agricultural tools, and come harvesttime the two would split the crop according to the terms of the contract.

49. Romita, literally `a female hermit,' perhaps originally the site of a woman's hermitage.

50. Forced loans were an important means the Florentine government used to address their fiscal deficits. The payments were credited to the Monte Comune, the funded public debt, and earned an interest rate, during Datini's latter years, of 5%. With an average return on investments of about 7% for Florentines as a group, this was a burdensome "investment", and there were several ways to get around the 5% return. A. Molho has presented the data on Datini's prestanze (forced loans) obligations for the years 1400-1406 on pp.96-7 of his Florentine Public Finances; on the subject in general for this period see this same work, pp.60-112.

51. Such a stipulation was rather common in wills of the period, leading to a substantial number of older, unmarried women of means in Tuscan society.

52. Although Francesco did most of the travelling, Margherita spent a good deal of time in Florence. After Francesco's death she spent much of the last 13 years of her life with Ginevra and her husband in Florence.

53. Again a reference to Datini's illegitimate daughter, Ginevra.

54. Guido was a close associate of Francesco's and fattore for him in Prato; he had accompanied Datini on the Bianchi penitential procession of 1399, and on Datini's escape to Bologna from the plague of 1400. See Joseph Byrne, "The Merchant as Penitent: Francesco Datini and the Bianchi of 1399," Viator 20 (1989).

55. `Santa Liperata' is the regional form of Santa Reparata, the early name of Florence's cathedral (now Santa Maria dei Fiori). The opera was the administrative body responsible for the condition of the structure. These `gifts' were mandated by Florentine law to be in every will recognized by Florentine authorities.

56. Late medieval religious theory held as null in effect testators' intentions which were not carried out. Thus, despite Datini's good intentions, if his obligations were not cleared up by his executors, he would carry the debt beyond the grave.

57. Professor Philip Gavitt kindly pointed out to me that "Datini here is clearly hoping that his almsgiving will keep the poor from rioting."

58. Datini had purchased the land for his palazzo even before returning to Tuscany, and took great pains in building it -- often working right alongside the craftsmen. Its interior was decorated by some of Tuscany's most popular painters. Though greatly altered, it still stands in Prato with many of the frescoes intact. Among other functions it houses the local civic archive and Datini's records. On the house see Origo, Merchant, pp.225-243; for further studies of the house see the Bibliography of Byrne, "Francesco Datini: Father of many."

59. The lay confraternity attached to the Florentine church of Or(-to) San Michele was noted for its charitable enterprises. Early in the fourteenth century it had gained the right to collect contributions for redistribution to the needy. Around mid-century it had been rocked by scandal for misappropriations, but had apparently regained its good name by the early 1400s.

60. Describe the process of scrutiny.......

61. Monte: the Florentine funded public debt.

62. To vote by casting beans of different colors into a vessel; a common way of voting on `yes or no' propositions.

63. Ser Amelio di ser Lapo (Migliorati) was a scion of one of the most prominent Pratesi families; in a letter of 1400 he wrote Datini condolences for the death of their mutual friend Niccolo Giunta. The Rinaldeschi were also premier Pratesi; Piero was the same age as Datini, a Doctor of Laws, and neighbor of Datini. He was an active member of the commune, and a good friend of Mazzei's who often interceded for Datini with the civic government from at least 1394. Giovanni di Giunta was possibly a cousin of Lionardo, probably related to his old, long dead friend Niccolo Giunta. Stefano di ser Piero (Cepparelli) was eventually made administrator for Datini's afffairs in Prato. Messer Torello (Torelli) was a well known legist in Prato; the first of many references in Lapo's letters came in 1391, and he long served as an advocate for Datini's communal affairs. Buonaccorso (Torelli) was the brother of Torello, also a well known legist and friend of Lapo. Martino Martini's father had been tangled up in legal affairs in the early 1390s and had been dependent on Datini and Lapo; of Martino we know nothing. Nothing is known of Bartolomeo and Biagio.

64. Sostenute: lit. `reserved'.

65. Accatoni: lit. `begged' or `borrowed'.

66. The carta was a document of agency which gave the power to secure funds to in Datini's name.

67. Together the Eight Defenders and the Standard-bearer of Justice constituted the chief administrators of the city.

68. Guasti's text reads oda, which I must read as orda, the subjunctive of ordere.

69. Prescitis iudici.....

70. Guilds in Tuscany often took on the responsibility of overseeing charitable and public institutions. The Calimala Guild in Florence handled or oversaw the afairs of  Sta. Maria Nuova  and other charities, and had a reputation for sound and honest management.

72. The most thorough study of Datini's businesses is Federigo Melis' Aspetti della vita economica medievale (supra). Little has been written in English on these operations, and perhaps the most accessible account is Iris Origo's (Part One of her Merchant).

73. Ser Magio was a public notary, probably the man who recorded this codicil. Ser Lapo, the recorder of the will itself, probably refused the gifts to his sons made in this codicil, hence the use of a different notary. The differences in the two men's style are clear.

74. Lapo was fifteen years younger than Datini, and a notary for the ospedale of Santa Maria Nuova in Florence. Datini first met him in 1383 upon his return to Tuscany, and the two became very close friends. Iris Origo discussed the nature of the friendship (Merchant, pp.205-224); Richard Trexler analyzed it in the context of their broader social environment (Public Life in Renaissance Florence, Ithaca: Cornell University Press, 1991, pp.132-158); I have examined the pious Lapo's influence on Datini's religiosity (Byrne, "Francesco Datini: Father of many," pp.62-83).

75. Piero was the eldest son of Lapo and had been apprenticed to Datini in Prato at the age of eleven. He later worked at Datini's branch in Barcelona until after Datini's death.

76. Law, custom, Lapo's reticence, or his caution may be responsible for Francesco's relegation of these stipulations to a codicil. Note that Lapo is not even listed as having been present as a witness.