Having problems with the Italian language? Do you need help to translate or understand an old family document? There is always someone who can help you!
Am I correct in understanding that in act #3, Teresina Capone and in act #4 Pasquale Capone have been emancipated from their father (unsure if his name is given) due to abandoning the family?
thanks so much. i find that the script and organization (if any) of information in atti diversi can be most challenging for me to understand.
THANKS
Donna
PS...act #2 is up for consideration if you have the time
Donna
My understanding is that Don* (title) Liborio Capone and Donna* Teresina Capone are the parents in both records #3 and #4. In #3, Don* Achille Capone stated that he emancipated from the father, Don* Liborio Capone, and in #4, the son Don* Pasquale Capone, who has the same parents as in #3, stated that he emancipated from the same father. * note that the word “di” appears before Don Liborio’s name. Other clues like the word “nato” which is singular and not plural, “ha dichiarato” (singular and not plural), so only one person referring to his emancipation in each record).
Donna
I’ve been doing this kind of research since the 1990s and have never before seen records referring to emancipation. These are difficult records to understand.
Donna
I could be wrong about this, but I think that both brothers are indicating that, now that they are emancipated from the father, they are going to make Naples their place of residence and affairs, even though they were born in Altavilla. Hopefully one of our native Italian friends will confirm or refute this.
Erudita
@erudita74
Mi sembra che i due documenti siano dei cambi di residenza da Altavilla a Napoli, strada Anticaglia n. 8.
Achille e Pasquale Capone, figli di Don Liborio Capone and Donna Teresina Capone, sono stati emancipati dal padre e ricevono un assegno di 10 ducati al mese. Possono quindi andare a vivere fuori dall'abitazione di famiglia "con agiatezza e comodità".
Emilio Lussu: “Che ne sarebbe della civiltà del mondo, se l’ingiusta violenza si potesse sempre imporre senza resistenza?” Slava Ukraine! תחי ישראל
I’ve seen many records which have been about change in one’s principal place of residence and business affairs, but none written in the manner of these two records. I think seeing the word for abandonment in the records has also been misleading.
I saw the info about the monthly sum of money in the records, but it didn’t, and still doesn’t, make sense to me that, if these men went through all the trouble to legally “emancipate” themselves from their father, that they would then be receiving from him a monthly sum of money so that they could better live in comfort. I also saw the address in Naples where the two brothers were now calling their home.
Of course, here in the U.S., I know of a former neighbor’s daughter who, at age 12, went to court to emancipate herself from her father. I know his ex wife had remarried, and I think that, by the daughter emancipating herself from him, he was no longer responsible to pay for child support. So I guess that is where my mindset is on the subject of emancipation. I also gather that, in these two Italian records, the sons were much older than my former neighbor’s daughter, but their ages are not given in the records.
@erudita74
Non so quanto questo articolo descriva casi simili a quelli dalla famiglia Capone. Forse l'emancipazione era usata per essere totalmente indipendenti dalla famiglia d'origine, anche nelle proprie attività, per esempio commerciali. https://www.persee.fr/doc/efr_0223-5099 ... 422_1_9891
Emilio Lussu: “Che ne sarebbe della civiltà del mondo, se l’ingiusta violenza si potesse sempre imporre senza resistenza?” Slava Ukraine! תחי ישראל
Thanks for the link, G. You are always so resourceful. I was hoping to find info on the subject pre the Unification of Italy, as Donna’s records are from 1852. So far, I’ve only had time to quickly look over part of the article but hopefully will have more time tomorrow to read it through thoroughly.
Just to summarize what the records for Don Achille and Don Pasquale tell us:
They were already emancipated at the time they appeared before the official in Altavilla in April 1852. We also know that there was a legal age requirement to emancipate according to the civil law at the time (according to these records) but, unfortunately, I haven’t been able to find the actual law. I do know, however, that Don Achille was a few months past his 18th birthday at that time of his April 1852 record, as he had been born on Dec 2, 1833. I found this info on the antenati website, but you also have that info in the indices you have been compiling for the town’s records. But I can’t find the birth record of Pasquale, although I believe he was named for his paternal grandfather, the father of his father Liborio, whose name we know from his sisters’ birth records was Pasquale. So, although I believe that Don Pasquale was older than Don Achille, we can’t conclude that 18 was the minimum age, according to the civil law at the time, for a son to emancipate from a father.
In previous centuries, a substantial sum of money from the father often accompanied a son’s emancipation. This info appears in the link provided by mmogno. I’m still plowing through that article little by little. So, this is something that obviously carried over to the town of Altavilla in 1852, as we know Don Liborio was providing each of the two sons a monthly sum of money. According to his children’s birth records, he was a medico, so he could obviously afford to help his sons financially, even though they had emancipated themselves from him.
As to the word abandoned in the records, it does not refer to the father abandoning his sons, but rather to the sons abandoning the town of Altavilla, their so-called town of birth, to relocate/or take up residence in Naples. So I agree with mmogno that the two diversi records are not really about emancipation, but rather about a change in residency by the newly emancipated sons, possibly for business reasons.
@erudita74
Vedi pag 414/589 [275] e seguenti da: Lezioni di diritto positivo secondo il codice per lo Regno delle Due Sicilie: parte prima leggi civili del prof. Cangiano Saverio
Emancipazione da parte del padre (o, in mancanza, della madre) dai 15 anni compiuti. Se padre e madre sono morti, l'emancipazione da parte del Consiglio di Famiglia dai 18 anni. https://books.google.it/books/about/Lez ... edir_esc=y
Emilio Lussu: “Che ne sarebbe della civiltà del mondo, se l’ingiusta violenza si potesse sempre imporre senza resistenza?” Slava Ukraine! תחי ישראל
@ mmogno
Thanks for the links,G. You never cease to amaze me. I searched high and low for that code. I even did my search in Italian.
As to the record for Pasquale, I have no idea how I missed it in the 1832 index, as I went through all those indices to the mid 1840s on the antenati website. Guess I need stronger reading glasses. Donna also has a website that she’s created with indices for the town. She doesn’t have him listed there either.
From 12th October 1946, the national anthem of Italy has been the "Canto degli Italiani" (Chant of the Italians), written in the Autumn of 1847 by a Genoese student and patriot Goffredo Mameli, and set to music in Turin by another Genoese, Michele Novaro. Born during an atmosphere of patriotic fervo...
Slava Ukraine! 
תחי ישראל
