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diff --git a/38238-8.txt b/38238-8.txt new file mode 100644 index 0000000..3ea61f9 --- /dev/null +++ b/38238-8.txt @@ -0,0 +1,11730 @@ +The Project Gutenberg EBook of The Old Yellow Book, by Anonymous + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Old Yellow Book + Source of Robert Browning's The Ring and the Book + +Author: Anonymous + +Editor: Charles W. Hodell + +Release Date: December 6, 2011 [EBook #38238] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK THE OLD YELLOW BOOK *** + + + + +Produced by Jonathan Ingram, Melissa McDaniel and the +Online Distributed Proofreading Team at http://www.pgdp.net + + + + + + + +Transcriber's Note: + + Obvious typographical errors have been corrected. Inconsistent + hyphenation and spelling in the original document have been + preserved. + + Italic text is denoted by _underscores_ and bold text by =equal + signs=. + + + + + EVERYMAN'S LIBRARY + EDITED BY ERNEST RHYS + + + POETRY AND + THE DRAMA + + + THE OLD YELLOW BOOK + + BEING A SUPPLEMENTARY VOLUME TO + "THE RING AND THE BOOK" + + TRANSLATED AND EDITED BY + CHARLES W. HODELL + + + + + THIS IS NO. 503 OF _EVERYMAN'S + LIBRARY_. THE PUBLISHERS WILL + BE PLEASED TO SEND FREELY TO ALL + APPLICANTS A LIST OF THE PUBLISHED + AND PROJECTED VOLUMES, ARRANGED + UNDER THE FOLLOWING SECTIONS: + + TRAVEL * SCIENCE * FICTION + THEOLOGY & PHILOSOPHY + HISTORY * CLASSICAL + FOR YOUNG PEOPLE + ESSAYS * ORATORY + POETRY & DRAMA + BIOGRAPHY + REFERENCE + ROMANCE + + IN FOUR STYLES OF BINDING: CLOTH, + FLAT BACK, COLOURED TOP; LEATHER, + ROUND CORNERS, GILT TOP; LIBRARY + BINDING IN CLOTH, & QUARTER PIGSKIN + + LONDON: J. M. DENT & SONS, LTD. + NEW YORK: E. P. DUTTON & CO. + + + + + POETS + ARE THE + TRUMPETS + WHICH SING + TO BATTLE ... + POETS + ARE THE + UNACKNOWLEDGED + LEGISLATORS + OF THE + WORLD + + SHELLEY + + + + +THE OLD YELLOW BOOK: + +Source of Robert Browning's + +THE RING & THE BOOK + + + London & Toronto + J. M. DENT & SONS + LTD. NEW YORK + E. P. DUTTON & CO + + + + + FIRST ISSUE OF THIS EDITION 1911 + + REPRINTED 1917 + + + + +PUBLISHERS' NOTE + + +Some years before his death Browning promised to leave the _Old Yellow +Book_, together with other books and manuscripts, to Balliol College, +Oxford, and his son carried out the promise soon after the poet's +decease. The Carnegie Institution of Washington, D. C., has reproduced +the entire book in photo-facsimile, with translation and editing by +Charles W. Hodell. The Publishers gratefully acknowledge the kindness +and generosity of the Institution in allowing the translation of the +_Yellow Book_ to be reproduced in the present volume. They have also +to acknowledge their indebtedness to Professor Hodell for the courtesy +he has shown, and the great help he has given in editing these +volumes. Hitherto the work has been practically inaccessible to +British readers, and in its new dress it is hoped it will be found +invaluable in interpreting the greatest work of Robert Browning. + + + + +INTRODUCTION + + +The _Old Yellow Book_ is a soiled and bloody page from the criminal +annals of Rome two centuries ago, saved apparently by mere chance for +the one great artist of modern literature who could best use it, and +who has raised this record of a forgotten crime to a permanent place +in that ideal world of man's creation where Caponsacchi and Pompilia +have joined the company of Paolo and Francesca, of the Red Cross +Knight, of Imogen, of Marguerite and Faust, and of Don Quixote. + +One June day of 1860, Robert Browning passed from the Casa Guidi home +to enjoy the busy life of Florence. There, "pushed by the hand ever +above my shoulder," he entered the Piazza of San Lorenzo: + + crammed with booths, + Buzzing and blaze, noontide and market-time. + +He had brought home from such wanderings many a rare old tapestry, or +picture, or carving from the long artistic past of the city. This day +his eye caught the soiled, vellum-covered volume, crowded between its +insignificant neighbours. "One glance at the lettered back," declares +the poet, "and Stall! a lira made it mine." All the way home and all +day long, he pored over these pages, until by nightfall he had so +mastered the facts of the case that the whole tragedy lay plain before +his mind's eye. + +The book led him, and leads us, back to the morning of January 3, +1698, when all Rome was astir with the sensation of a brutal +assassination. The aged Comparini, cut to pieces in their own home in +the very heart of Rome on the evening before by a band of assassins, +were now exposed to the view of an excited mob of the curious and +idle. Pompilia, desperately wounded, lay a-dying. A police captain and +posse were in pursuit of the criminals, one of whom was a nobleman who +had held office in the household of one of the great cardinals. Toward +night the criminals were brought back to the city, and were followed +through the streets to the prison doors by a great throng. + +Just seven weeks later and again Rome was throbbing with excitement. +Unwonted crowds were pressing into the Piazza del Popolo, where +gallows and scaffold had been prepared. At last, up the Corso filed +the Brotherhood of Death with their black gowns and great cross, and +behind them, in separate carts, the five criminals. In the midst of a +sea of upturned faces Guido and his fellows met their end, and the +curtain fell. + +The _Old Yellow Book_ is the record of the court procedure of those +seven intervening weeks, and shows us the whole legal battle fought to +save Guido, while Rome looked on with the fascinated interest which +has always attended the great murder trials. It includes the lawyers' +arguments for and against the accused, together with a part of the +evidence brought into court, and some additional miscellaneous data on +the case. All this had evidently been assembled by the Florentine +lawyer, Cencini, to whom certain letters included are addressed. He +seems to have been interested in the case as a precedent on an +important and much disputed point of law, "whether and when a husband +may kill an adulterous wife." Cencini may also have had some +professional relation with the Franceschini family at Arezzo. At any +rate, he set the material in order, provided title-page and index, and +a transcript of the record in a criminal case against Pompilia in the +Tuscan courts (pp. 5-7), and bound it securely in the vellum cover +which conveyed it to the poet's hands more than a century and a half +later. + +Whatever meaning this volume may have as a legal precedent, it had for +Browning, and has for the lay reader, a deep human interest as the +incomplete record of a sordid series of intrigues for certain +properties, ending at last in a fearful crime. + +Guido Franceschini, scion of a noble but impoverished Tuscan family, +had sought his fortunes in Rome, and had attained a secretaryship in +the household of Cardinal Lauria. His brother, the Abate Paolo, a +shrewd and effective man, rose much higher, at last attaining +important office among the Knights of St. John. Guido, less astute and +less ingratiating, reached middle life with but scant success, and at +last was left unprovided. With the assistance of Abate Paolo, he +planned to recoup his fortunes by a bourgeois marriage. Though past +forty years of age and of unattractive appearance, he won, by his noble +name and subtle intrigue and falsification, the thirteen-year-old +daughter of the Comparini, of the well-to-do middle class of Rome. +After the marriage in December 1693, Pompilia and her parents +accompanied Guido back to Arezzo, where, in the ruinous Franceschini +_palazzo_, the Comparini had ample opportunity to repent their folly. +Bitter contentions soon arose, and at last the Comparini fled from the +brutalities of their son-in-law, and returned to Rome. There they +published broadcast the sordid poverty and the ignoble brutality of +their persecutors, probably printing and circulating the affidavit of +the servant (pp. 49-53). Guido seems to have retorted by circulating +the forged letter from Pompilia (pp. 56, 57). But they struck a more +deadly blow at the pride of the Franceschini when they revealed that +Pompilia was not their own child, but was of ignominious parentage. +And in the spring of 1694 they brought suit before Judge Tomati for +the recovery of the dowry monies paid to Franceschini--a bitter +humiliation to the greedy poverty of the Franceschini. It must have +been a scandalous suit, bringing dishonour to both parties as their +domestic difficulties were exposed to the throngs of the curious. In +this trial were adduced the letters of the governor (pp. 89, 90) and +of the Bishop of Arezzo (p. 99). The Comparini lost their suit, but +appealed to the Rota, and their case was pending for several years, +during which time they may have baited the Franceschini with spiteful +scandals. + +In the meantime, the child-wife, Pompilia, was left in desperate +plight--despised and hated by her husband's family. Her situation grew +intolerable. Guido had evidently determined to rid himself of her +without relaxing his grip on her property. His brutalities were +systematic and cunning. At last she was driven to flee for her life, +and on April 29, 1697, made her escape under the protection of +Caponsacchi, a gallant young priest. It was a desperate step, gravely +reprehensible in the eyes of the world. The fugitives pressed toward +Rome, but Guido overtook them at Castelnuovo, fifteen miles short of +their destination, and had them arrested. + +At Rome, criminal charges of flight and adultery were brought against +them. This Process of Flight, as it is repeatedly called in the +_Yellow Book_, continued all through the summer. It was for their +defence in this case that Pompilia and Caponsacchi made their +affidavits (pp. 90 and 95), giving their motives for the flight. At +the same time Guido urged the evidence of the love-letters (pp. +99-106), which he claimed to have found at the time of the arrest of +the fugitives. In September, judgment was rendered against +Caponsacchi--relegation for three years to Civita Vecchia--a +punishment commensurate with indiscretion rather than with crime. +Pompilia was unsentenced, but was retained for a month in safekeeping +in the nunnery delle Scalette, and was then permitted to return to the +home of her foster-parents, the Comparini, though still technically a +prisoner in this home (p. 159). Here on December 18 a boy was born. + +On Christmas Eve, Guido reached Rome with four young rustics, whom he +had hired to assist him in the assassination. For a week he lurked in +the villa of his brother, Abate Paolo, who had left Rome. Then, on the +evening of January 2, he won entrance to the home of the Comparini by +using the name of Caponsacchi. The parents were instantly stabbed to +death, and Pompilia was cut to pieces with twenty-two wounds. Leaving +her for dead, Guido and his cut-throats fled, as the outcries of the +victims had given the alarm. That night they travelled afoot nearly +twenty miles, but were pursued by the police, and were arrested with +the bloody arms still in their possession. + +Such was the crime, and the _Old Yellow Book_ is the record of the +legal battle over the assassins, which was fought through the criminal +courts of Rome, presided over by Vice-governor Venturini. The +prosecution and defence alike were conducted by officers of the court, +two lawyers on each side, the Procurator and Advocate of the Poor for +the defendants, and the Procurator and Advocate of the Fisc against +them. As the fact of the crime was definitely ascertained, the legal +battle turned entirely on the justification or condemnation of the +motive of the crime. The defence maintained that the assassination had +been for honour's sake, and the unwritten law, to which appeal is made +in generation after generation, was urged at every point. That Guido +had suffered unspeakable ignominy cannot be denied; that his wife had +been untrue to him even in the perilous flight with Caponsacchi is +unproved, as the courts had evidently held in the Process of Flight. +The prosecution, on the other hand, reiterated in every argument their +reading of Guido's motive--greed. Greed had led him to marry Pompilia. +Greed had occasioned his disgraceful wranglings with the Comparini. +Defeated greed had made him torture his wife into scandalous flight, +and calculating greed had led him to commit the murder at a time and +in a manner to save the whole property to himself. Still further, said +the prosecution, not only was his motive bad, but the crime was +committed in a way which involved him in half a dozen accessory +crimes, each of them capital. Such is the drift of the argument, which +is fortified at every point by citation of precedent from the legal +procedure of all ages. Altogether it is a highly skilled legal battle +according to the technical limitations of the game, while the simple +appeals to equity and to common human feeling hardly enter at all. + +The trial proceeded in two stages. The earlier one, during the latter +half of January, was opened by Arcangeli (pamphlet 1), supported by +Advocate Spreti (pamphlet 2). The prosecution is opened by Procurator +Gambi (pamphlet 5), supported by Advocate Bottini (pamphlet 6). +Arcangeli and Bottini make further argument in pamphlets 3 and 14. Two +pamphlets of evidence were assembled and printed--for the defence, +pamphlet 7; and for the prosecution, pamphlet 4. The latter part of +this stage of the case is much occupied with arguing whether Guido and +his companions may be tortured to get a fuller statement from them. In +spite of the efforts of Guido's attorneys, the torture was evidently +decreed, and fuller evidence was forced from the defendants, though +one of them bore the torture till he fainted twice. The trial then +enters on its second stage, in which, after some preliminary +skirmishing about the legality of the torture and the status of the +evidence given under this torture, the lawyers settle to their most +masterly work. Arcangeli and Spreti develop an elaborate and skilled +defence (pamphlets 8 and 9), and are answered by Bottini's masterpiece +for the prosecution (pamphlet 13). Spreti closes the defence in +pamphlet 16. Pamphlet 11 presents some additional matters of evidence. + +All these arguments and summaries of evidence were printed by the +official papal press (see the imprint _Typis Rev. Cam. Apost._), +probably overnight, between the sessions of the court, as typewritten +briefs would be prepared to-day. Few copies were printed, and these +were solely for the judges and attorneys in the case. There would be +no popular circulation of them in Rome at large. The particular copies +included in the _Old Yellow Book_ were probably gathered by one of +these attorneys, and sent to Signor Cencini in Florence (letter iii. +p. 238). + +We need but look to our own age to rest assured that outside of the +court room all Rome was athrill with interest in this murder case, and +was speculating on the fate of the accused. The attorneys for the +defence, in the midst of the trial, made a sudden appeal to this +public interest and sought the support of public sentiment by means of +an anonymous pamphlet (pamphlet 10) written in Italian and printed +without an imprint or signature, but evidently addressed to the bar of +public opinion. It seems to have been written by Guido's lawyers, or +their lackeys, for it repeats the various points already made in the +arguments. Whether it was distributed free or was sold for a small +price, it must have been seized and devoured by all Rome as are the +journalistic reports of notorious criminal trials to-day. We can +imagine the alarm of the prosecution when they perceived this flank +movement against them. With all possible haste they prepared their +reply, also in Italian and without signature or imprint, and probably +within a day or two had issued this response (pamphlet 15), which +meets the other pamphlet at every point, and bitterly arraigns the +greed of Guido. These two pamphlets evidently suggested to Browning +his "Half-Rome" and "Other Half-Rome." + +There must have been other popular exploitations of this crime. Two +manuscript Italian narratives of it have been discovered. The first of +these (pp. 259-266) was found in London and sent to Browning, who used +it extensively in writing his poem. The second (pp. 269-281) was +discovered a few years ago in Rome. Other accounts may yet come to +light. + +The trial of Guido and his companions was carried forward to a prompt +judgment, and on February 18 they were pronounced guilty and were +condemned to death. A technical staying of sentence for four days was +granted by reason of Guido's _clerical privilege_, but execution +followed on February 22. The _Old Yellow Book_ includes three original +letters (pp. 237-8) written from Rome immediately after the execution +to Signor Cencini at Florence. + +Yet the case was not quite at an end. A number of civil suits were +promptly instituted by various claimants for the property of the +Comparini. The Franceschini still pushed their claim in spite of the +infamy they had suffered for that property. Pompilia's executor, +Tighetti, claimed all in trust for the child, Gaetano. Then the refuge +of the Convertites, under their legal right to the property of all +women of evil life who died in Rome, accused the memory of Pompilia +and claimed her property. The case seemed to be entering on one of +those interminable struggles in court. The Procurator Lamparelli +(pamphlet 17) goes back to analyse again the motives in the whole case +and to justify Pompilia's innocence. The remainder of this trial is +lost to us save for the final _Definitive Sentence_ of the courts +(pamphlet 18), issued in September 1698, which clears the memory of +Pompilia entirely and for ever in the eyes of the law. + +This was the record which fell into Browning's hands. The poet tells +of his immediate interest in the tragedy, partly due to that common +human interest in great crimes, partly to the casuistic presentation +of motive throughout the _Book_, partly to his championing the rights +of Pompilia, dishonoured and slain not merely by a brutally selfish +husband, but by a corrupt social condition around her. + +After some delay, Browning saw his way to embody in art the story +which had interested him so deeply. The plan came to him, according to +W. M. Rossetti, one day while he was walking at Biarritz, and from +1862 till the publication in 1868-9, he was working continuously on +_The Ring and the Book_. He had mastered every detail of the _Yellow +Book_ by continuous re-readings, and in his art he was scrupulously, +but never laboriously, accurate to the facts before him. In the poem +he names thirty-three persons exactly as he found them in his +original. Place names are adopted with the same accuracy. The specific +dates recorded in the _Book_ are followed at all points, save in the +significant change of the date of Caponsacchi's rescue of Pompilia +from April 29 to 23, St. George's Day. The incidents of the tragedy, +even when compromising to Pompilia, whose cause he championed, are +used without repression or falsification. And perhaps most remarkable +of all, the poet had mastered all the technical paraphernalia and +phraseology of the lawyers, and uses these with minute care, not +entirely devoid of misunderstanding and error. In the _Book_ he found +all the points of law, all the precedents and authorities, and almost +all of the Latin phrases and sentences found in the monologues of the +lawyers of the poem. A remarkable instance of this is seen in his word +for word adaptation of the long peroration of Arcangeli (pamphlet 8) +in the close of the monologue of the Arcangeli of the poem. And the +actual letter of Arcangeli (p. 237) is reproduced verbatim in the +poem, book xii. ll. 239-88. Altogether the poet affords one of the +most remarkable illustrations of literal and detailed accuracy in the +use of the raw material of art. + +Yet here, as in all cases of true art, the greatness of the final +product lies not so much in the material that fell to the artist as in +the personal resource and power within himself which was able to use +the material. Browning found suggestion for a suffering saint in Fra +Celestino's report of Pompilia's death-bed (pp. 57, 58), but the +Pompilia of the poem embodies the poet's deepest insight into +womanhood with all its spiritual relationships, in the love of man, +the passion of maternity, and devotion to God. Browning ascertained in +the _Book_ that Caponsacchi was a resolute man, who had involved +himself in many perils for the sake of Pompilia, but from his own +personal resource of manly devotion, of chivalrous daring, of +passionate indignation at wrong, of spiritual tenderness and +reverence, he created a Caponsacchi. In the _Book_ he found every turn +of the cunning, of the greed, of the brutality of Guido and his +family, but from his own deep realisation of the power of evil in the +world, and of the black depravity of the lowest forms of humanity, he +created his Franceschini. Thus at every point, founding himself on the +fact of the _Book_, he is able to set forth this tragedy to the world +as it grew in his own imagination while searching his own heart and +the hearts of others through many years. And the chance-found _Old +Yellow Book_ at last occasioned the most profound utterance Robert +Browning was to give to the world in all that concerns the human heart +and its motives as they play the drama of the world before the eye of +the Almighty. + + CHARLES W. HODELL. + + + + + "Do you see this square old yellow book + ... pure, crude fact. + Give it me back! The thing's restorative + I' the touch and sight." + + + + + A Setting-forth + of the entire Criminal Cause + against + GUIDO FRANCESCHINI, Nobleman + of Arezzo, + and his Bravoes, + who were put to death in Rome, + February 22, 1698. + + The first by beheading, the other four by the gallows. + + ROMAN MURDER-CASE. + + In which it is disputed whether and when a Husband + may kill his Adulterous Wife without + incurring the ordinary penalty. + + + + +CONTENTS + + + PAGE +Sentence of the Criminal Court of Florence in the criminal case + against Gregorio Guillichini, Francesca Pompilia Comparini, + wife of Guido Franceschini, etc. December 1697 5 + +Argument in defence of the said Franceschini of the Honourable + Signor Giacinto Arcangeli, Procurator of the Poor in Rome, + made before the congregation of Monsignor the Governor 9 + +Argument of the Honourable Signor Advocate Desiderio Spreti, + Advocate of the Poor, in defence of said Franceschini and his + associates 25 + +Argument of the abovesaid Signor Arcangeli in defence of Biagio + Agostinelli and his companions in crime 39 + +Summary of fact made in behalf of the Fisc 47 + +Argument of Signor Francesco Gambi, Procurator of the Fisc and of + the Reverend Apostolic Chamber, against the abovesaid Franceschini + and his companions in crime 63 + +Argument of Signor Giovanni Battista Bottini, Advocate of the Fisc + and of the Reverend Apostolic Chamber, against the abovesaid 73 + +Summary of fact in behalf of Franceschini and his associates in crime 87 + +Another Argument of the abovesaid Signor Arcangeli in favour and + defence of the abovesaid 107 + +Another Argument of Signor Advocate Spreti in favour of the above 131 + +An Account of the facts and grounds, made and given by an Anonymous + Author 145 + +Another Summary made on behalf of the Fisc 157 + +Argument of Signor Gambi, Procurator of the Fisc, against the abovesaid + Franceschini and his companions 163 + +Another Argument of the Signor Giovanni Battista Bottini, Advocate + of the Fisc 169 + +Another Argument of the abovesaid against the said Defendants 197 + +A Response of the abovesaid account of fact as given by the Anonymous + Author 209 + +Argument of Signor Advocate Spreti in favour of Franceschini, etc. 227 + +Letter written by the Honourable Signor Giacinto Arcangeli, Procurator + of the Poor, to Monsignore Francesco Cencini in Florence, + in which he tells him that the sentence of death had been + executed in Rome against the guilty on February 22, 1698--that + is, that Franceschini had been beheaded, and the other four + hanged 235 + +Two other Letters, one written by Signor Gaspero del Torto and the + other by Signor Carlo Antonio Ugolinucci to the aforesaid + Monsignore Francesco Cencini 237 + +Argument of Signor Antonio Lamparelli, Procurator of the Poor in + the said case 239 + +The Sentence of Signor Marco Antonio Venturini, Judge in Criminal + causes, which declares that the said adultery was not proved, + and which restores to her original fame the memory of Francesca + Pompilia Comparini, wife of Guido Franceschini 253 + +THE SECONDARY SOURCE OF "THE RING AND THE BOOK" 257 + +TRIAL AND DEATH OF FRANCESCHINI AND HIS COMPANIONS 267 + +NOTES AND COMMENT 283 + + + + + [Illustration: _But for me the Muse in her strength prepares her + mightiest arrow._] + + + + + [Illustration: _Facsimile Page from the Original "Old Yellow Book."_] + + + + +SENTENCE OF THE CRIMINAL COURT OF FLORENCE + + _February 15, 1697 A.D._ + + +Attestation by me undersigned how, in the order of the affairs of the +Governors, which are set before His Serene Highness, in the Chancery +of the Illustrious Signori Auditori of the Criminal Court of Florence, +there appears among other affairs of business, under decision 3549, +the following of tenor as written below, that is Arezzo against + + 1. Gregorio, son of Francesco Guillichini, not described. + + 2. Francesca Pompilia Comparini, wife of Guido Franceschini, and + + 3. Francesco, son of Giovanni Borsi called Venerino, servant of + Agosto, Host at the "Canale," + +because the second Accused, against her honour and conjugal faith, had +given herself up to dishonest amours with the Canon Giuseppe +Caponsacchi and with the first Accused, who instructed her, as you may +well believe, to part from the aforesaid City of Arezzo, the evening +of April 28, 1697. And, that they might not be discovered and +hindered, the second Accused put a sleeping-potion and opium in her +husband's wine at dinner. At about one o'clock the same night, the +said Canon Caponsacchi and the first Accused conducted the aforesaid +second Accused away from the home of her husband. As the gates of the +city were closed, they climbed the wall on the hill of the Torrione; +and having reached the "Horse" Inn, outside of the gate San Clemente, +they were there awaited by the third Accused with a two-horse +carriage. When Canon Caponsacchi and the second Accused had entered +into the said carriage, the word was given by him, the aforesaid first +Accused, and they set out then upon the way toward Perugia, the said +third Accused driving the carriage as far as Camoscia. And while they +were travelling along the road they kissed one another before the very +face of the third Accused. + +Still further, the second Accused, along with the first Accused and +Canon Caponsacchi, carried away furtively from the house of the said +Guido, her husband, from a chest locked with a key, which she took +from her husband's trousers [the following articles]: About 200 scudi +in gold and silver coin; an oriental pearl necklace worth about 200 +scudi; a pair of diamond pendants worth 84 scudi; a solitaire diamond +ring worth 40 scudi; two pearls with their pins, to be used as +pendants, 6 scudi; a gold ring with turquoise setting worth 2 scudi; a +gold ring set with ruby worth 36 scudi; an amber necklace worth 5 +scudi; a necklace of garnets alternated with little beads of fine +brass worth 6 scudi; a pair of earrings in the shape of a little ship +of gold with a pearl worth 16 scudi; two necklaces of various common +stones worth 4 scudi; a coronet of carnelians with five settings and +with a cameo in silver filigree worth 12 scudi; a damask suit with its +mantle, and a petticoat of a poppy colour, embroidered with various +flowers, worth 40 scudi; a light-blue petticoat, flowered with white, +worth 8 scudi; two vests to place under the mantle worth 2 scudi; a +pair of sleeves of point lace worth 20 scudi; another pair of sleeves +fringed with lace worth 5 scudi; a collar worth 4 scudi; a scarf of +black taffeta for the shoulder with a bow of ribbon worth 8 scudi; an +embroidered silk cuff worth 14 scudi; two aprons of key-bit pattern +with their lace worth 12 scudi; a pair of scarlet silk boots worth 14 +scudi; a pair of woollen stockings, a pair of white linen hose, and a +pair of light-blue hose, worth 5 scudi; a snuff-coloured worsted +bodice with petticoat, ornamented with white and red pawns, worth 3 +scudi; a blue and white coat of yarn and linen, adorned with scarlet +and other coloured ornaments, worth 10 scudi; a worsted petticoat of +light-blue and orange colour, striped lengthwise, with yellow lines +and with various colours at the feet, worth 14 scudi; an embroidered +petticoat worth 9 scudi; a silk cuff worth 5 scudi; four linen smocks +for women worth 14 scudi; a pair of shoes with silver buckles worth 8 +scudi; many tassels and tapes of various sorts worth 14 scudi; six +fine napkins worth 7 scudi; a collar of crumpled silk worth 7 scudi; +two pairs of gloves of a value of 4 scudi; four handkerchiefs worth 5 +scudi; a little silver snuff-box with the arms of the Franceschini +house upon it worth 16 scudi; a coat of her husband Guido, rubbed and +rent by the lock of a chest where he kept part of the aforesaid +clothing. And they had converted the whole to their own uses against +the will of the same, the first Accused and Canon Caponsacchi having +scaled the walls of the city in company with the second Accused, as +soon as she had committed adultery with them. And the said third +Accused had given opportunity for flight to the said second Accused +along with the Canon, in the manner told. + +Therefore the Commissioner of Arezzo was of opinion to condemn +arbitrarily the first Accused to five years' confinement at +Portoferrio with the penalty of the galleys for the same length of +time, not counting the reservation of 15 days to appear and clear +himself; to condemn the second Accused to the penalty of the Stinche +for life and to the restitution of what was taken away, with the +abovesaid reservation; and that the third Accused be not prosecuted +further and be liberated from prison. But the Criminal Court was of +opinion that the first Accused should be condemned to the galleys +during the pleasure of His Serene Highness, with the said reservation. +As to the second Accused, who was imprisoned here in Rome, in a sacred +place, it suspended the execution. And for the third, who had done no +voluntary evil, it gave up further inquiry. + +Again proposed in the said business before His Serene and Blessed +Highness with the signature of December 24, 1697. + + The opinion of the Court stands approved. + + In sign of which, + + I, JOSEPH VESINIUS, J. V. D., an official + in the Criminal Court of Florence, + etc., in faith whereto, etc. + + + + + [File-title of Pamphlet 1.] + + + _By the Most Illustrious and Most + Reverend Lord Governor in + Criminal Cases_: + + _ROMAN MURDER-CASE_ + + _On Behalf of Count Guido Franceschini, + Prisoner, against the Fisc._ + + _Memorial of fact and law._ + + + _At Rome, in the type of the Reverend Apostolic Chamber, + 1698._ + + + + +ROMANA HOMICIDIORUM + +[PAMPHLET 1.] + + +Most Illustrious and Most Reverend Lord Governor: + +Count Guido Franceschini, born of a noble race, had married, under ill +omen, Francesca Pompilia, whom Pietro and Violante had asserted (even +to one occupying a very high office) to be their own daughter. After a +little while, she was taken to Arezzo, the country of her husband, +along with her foster-parents, and was restrained from leading her +life with utter freedom. Yet she has made pretence that she was hated +on the pretext of sterility, as is clearly shown in her deposition +during her prosecution for flight from her husband's home. Both she +and her parents took it ill that they were denied their old free life, +and they urged their daughter to make complaint before the Most +Reverend Bishop, saying that she had been offered poison by her +brother-in-law. At the departure of this couple, when they were about +to return to the City, they most basely instigated her--yes, and even +commanded her by her duty to obey them--that she should kill her +husband, poison her brother-in-law and mother-in-law, and burn the +house; and then with the aid of a lover to be chosen thereafter, she +should put into effect her long-planned flight back to the City. (But +all this should be done after their departure, lest they might seem to +have given her evil counsel.) [Such facts] may be clearly deduced from +one of the letters presented as evidence in the same prosecution. + +When these pseudo-parents had returned home, they declared that +Francesca was not born of themselves, but had been conceived of an +unknown father by a vile strumpet. They then entered suit before Judge +Tomati for the nullification of the dowry contract. + +Day by day the love of Pompilia for her husband kept decreasing, while +her affection for a certain priest was on the increase. This affair +went so far that on an appointed night, while her husband was +oppressed with sleep (and I wish I could say that she had no hand in +this, and had not procured drugs from outside), she began her flight +from her husband's house toward Rome, nor was this flight without +theft of money and the company of her lover. Her most wretched husband +pursued them, and she was imprisoned not far from the City. Then, when +after a short time they were brought to trial, the lover was banished +to Civita Vecchia for adultery, and she herself was placed in safe +keeping. But owing to her pregnancy she returned to the home of Pietro +and Violante, where she gave birth to a child (and I wish I could say +that it had not been conceived in adultery). This increased the shame +and indignation of the husband, and the wrath, which had long been +stirred, grew strong, because his honour among upright men was lost +and he was pointed out with the finger of scorn, especially in his own +country, where a good reputation is much cherished by men who are +well-born. Therefore his anger so impelled the luckless man to fury, +and his indignation so drove him to desperation, that he preferred to +die rather than to live ignominiously among honourable men. With +gloomy mind, he rushed headlong to the City, accompanied by four +companions. On the second night of the current month of January, under +the show of giving a letter from the banished lover, he pretended to +approach the home of the Comparini. When at the name of Caponsacchi +the door was opened, he cut the throats of Violante and Pietro, and +stabbed Francesca with so many wounds that she died after a few days. + +While this desperation continued, his dull and unforeseeing mind +suggested no way to find a place of safety. But accompanied by the +same men, he set out for his own country along the public highway by +the shortest route. Then, while he was resting upon a pallet in a +certain tavern, he was arrested, together with his companions, by the +pursuing officers. + +Great indeed is this crime, but very greatly to be pitied also, and +most worthy of excuse. Even the most severe laws give indulgence and +are very mild towards husbands who wipe out the stain of their infamy +with the blood of their adulterous wives. [Citation of _Lex Julia de +Adulteriis, Lex Cornelia de Sicariis_ and the Gracchian law. Cf. _Ring +and Book_, I. 2268.] + +This indeed was sanctioned in the laws of the Athenians and of Solon +(that is, of the wisest of legislators), and what is more, even in the +rude age of Romulus, law 15, where we read: + +"A man and his relatives may kill as they wish a wife convicted of +adultery." [Citations; and likewise in the Laws of the Twelve Tables, +see Aulus Gellius, etc.] + +I hold, to begin with, that there can be no doubt of the adultery of +the wife [for several reasons]. [First], her flight together with her +lover during a long-continued journey. [Citations.] + +[Second], the love letters sent by each party; these cannot be read in +the prosecution for flight without nausea. [Citations.] + +[Third], the clandestine entry of the lover into her home at a +suspicious time. [Citations.] + +[Fourth], the kisses given during the flight (p. 100) according to the +following sentiment: "Sight, conversation, touch, afterwards kisses, +and then the deed [adultery]." [Citations.] + +[Fifth], their sleeping in the same room at the inn. [Citations.] + +[Sixth], the sentence of the judge, who condemned the lover for his +criminal knowledge of her, which made this adultery notorious. +[Citations.] + +Furthermore, we are not here arguing to prove adultery for the purpose +of demanding punishment [upon the adulteress], but to excuse her +slayer, and for his defence; in this case, even lighter proofs would +be abundant, as Matthæus advises. [Citations.] + +These matters being held as proved, the opinion of certain authorities +who assert that a husband is not excusable from the ordinary penalty, +who kills his adulterous wife after an interval, does not stand in our +way. For the aforesaid laws speak of the wife who had been found in +her guilt and has been killed incontinently. Hence such indulgence +ought not to be extended to wife-murder committed after an interval, +because the reins should not be relaxed for men to sin and to declare +the law for themselves. [Citations.] + +Furthermore, Farinacci does not affirm this conclusion, but shows that +he is very much in doubt, where he says: "The matter is very doubtful +with me, because injured honour and just anger--both of which always +oppress the heart--are very strong grounds for the mitigation of the +penalty." Matthæus well weighs these words on our very point. And both +Farinacci and Rainaldi conclude that the penalty can be moderated at +the judgment of the Prince. + +I humbly pray that this be noted. The aforesaid laws, which seem to +require discovery in the very act of sin, as some have thought, do not +decide in that way merely for the purpose of excusing a husband moved +to slaughter by a sudden impulse of wrath and by unadvised heat. But +they so decide lest on any suspicion of adultery whatsoever, +oftentimes entirely without foundation, men should rush upon and kill +their wives, who are frequently innocent. Hence the "discovery in the +very act of crime," which is required by law, is not to be +interpreted, nor to be understood, as discovery in the very act of +licence, but is to be referred to the proof of the adultery, lest on +trifling suspicion a wife should be given over to death. But when the +adultery is not at all doubtful, there is no distinction between one +killing immediately and killing after an interval, so far as the +matter of escaping extreme punishment is concerned. [Citations.] + +For whenever a wife is convicted of adultery, or is a manifest +adulteress, she is always said to be "taken in crime." [Citations.] + +And in very truth the reasons adduced by those holding the contrary +opinion are entirely too weak. For murder committed for honour's sake +is always said to be done immediately, whensoever it may be committed. +Because injury to the honour always remains fixed before one's eyes, +and by goading one with busy and incessant stings it urges and impels +him to its reparation. [Citations.] + +Such relaxation of the reins to husbands, for taking into their own +hands the law, would indeed be too great if the law of divorce were +still valid. For in that case husbands would not be permitted to make +such reparation of their honour. For another way would be +satisfactorily provided for them, namely, in their right to dismiss +and repudiate the polluted wife. In this way they could put far from +themselves the cause of their disgrace, yes, and the very ignominy +itself. But when by the divine favour our Gentile blindness was +removed, and matrimony was acknowledged to be perpetual and +indissoluble, those were indeed most worthy of pity who, when all +other way of recovering their honour was closed to them, washed away +their stains in the blood of their adulterous wives. Petrus Erodus +[Citation], after he has discussed a matter of this kind according to +the usual practice of Roman Law, adds in the end: "For as all hope of +a second marriage is gone so long as the adulteress still lives, we +judge that such very just anger is allayed with more difficulty, +unless it be by the flight of time;" and therefore such a case, when +not terminated by divorce, is usually terminated by murder. For as +Augustine says, "what is not permitted, becomes as if it were +permitted; that is, let the adulteress be killed, that the husband may +be released." + +I acknowledge that it is laudable to restrain the audacity of +husbands, lest they declare the law for themselves in their own cause; +since they may be mistaken. But it would be more laudable indeed to +restrain the lust of wives; for if they would act modestly and would +live honourably they would not force their husbands to this kind of +crime, which I may almost call necessary. Nor can we deny that by the +ignominy brought upon them by the adultery they are exasperated and +are driven insane, and a most just sense of anger is excited in their +hearts. For this grievance surpasses all others beyond comparison, and +hence is worthy of the greater pity, according to the words of the +satirist [_Juv._ X. 314]: "This wrath exacts more than any law +concedes to wrath." + +Papinianus also well acknowledges this [Citation], where we read: +"Since it is very difficult to restrain just anger." For these +reasons, authorities hold that a just grievance should render the +penalty more lenient even in premediated crimes; because the sense of +"just grievance does not easily quiet down, or lose its strength with +the flight of time, but the heart is continually pierced by infamy, +and the longer the insult endures, the longer endures the infamy, yea, +and it is increased." [Citations.] + +And this drives one on the more intensely, because with greater +impunity, as I may say, wives pollute their own matrimony and destroy +the honour of their entire household. In ancient times, while the _Lex +Julia_ was in force, wives who polluted their marriage-bed underwent +the death penalty. [Citations.] + +Likewise it was so ordained in the Holy Scriptures; for adulterous +wives were stoned to death, Gen. 38; Lev. 20, 10; Deut. 23, 22; Ez. +16. + +The solace drawn from the public vengeance quieted the anger and +destroyed the infamy. Then the husband, who was restored to his +original freedom, could take a new and honest wife and raise his sons +in honour. But now, in our evil days, there is a deplorable frequency +of crime everywhere, as the rigour of the Sacred Law has become +obsolete. And since wives who live basely are dealt with very mildly, +the husband's condition would indeed be most unfortunate if either he +must live perpetually in infamy, or must expiate her destruction, when +she is slain, by the death penalty, as Matthæus well considers. +[Citation.] + +Therefore, when it is claimed that the husband shall escape entirely +unpunished, it is necessary that the wife be killed in the very act of +discovered sin. But when the question is as to whether or not a +husband may be punished more mildly than usual when driven to +wife-murder for honour's sake, it makes no difference whether he kill +her immediately or after an interval. [Citation.] + +Nor does this opinion lack foundation in the very Civil Law of the +Romans, for Martian [Citation] asserts that a father who had killed +his son while out hunting, because he had polluted his stepmother with +adultery, was exiled. Nor had the father found him in the very act of +crime, but slew him while out hunting, that is with a pretence of +friendliness and by dissimulating his injury. Accordingly he was +punished, but not with the usual penalty; for he had killed his son, +not in his right as a father, but in the manner of a robber. Hence we +can infer that not the killing, but the method of killing was +punishable, as we may deduce from Bartolo. [Citations.] + +Still further, it is well worthy of consideration that one may kill an +adversary with impunity, for the sake of his personal safety, but he +must do so immediately and in the very act of aggression, and not +after an interval. For the life of one slain may not be recovered by +the slaying of the murderer. Accordingly, whatever violence may follow +upon the first murder becomes vengeance, which is hateful and odious +to the law; for the jurisdiction of the judge is insulted by depriving +him of the power of publicly avenging murder. But if by the death of +the slayer the one slain could be called back to life, I think there +is no doubt that any one could kill the said slayer; for then such an +act would not be revenge, but due defence, leading toward the recovery +of the life that had been lost. But even when we are dealing with an +offence and injury which does not affect the person of the one +injured, it is likewise permitted that one who has been robbed may, +even after an interval, kill the thief for the recovery of the stolen +goods, provided every other way to recover them is precluded. +Likewise, one offended in his reputation should be permitted at all +times to kill the one injuring him; for such an act may be termed, not +the avenging of an injury, but the re-establishing of wounded honour, +which could be healed in no other way. [Citations.] + +Furthermore, as I have said, when one is discussing the subject of +self-defence, he is dealing with an instantaneous act; hence the anger +conceived therefrom ought to quiet down after a while, according to +the warning of St. Paul, Eph. 4: "Let not the sun go down upon your +wrath." But when we are dealing with an offence that injures the +honour, this is not merely a momentary matter, but is protracted, and +indeed with the lapse of time becomes the greater, as the injured one +is vilified the more. Therefore, whensoever the murder follows it is +always said to have been committed immediately. [Citation.] + +Relying upon these and other reasons, most authorities affirm that a +husband killing his adulterous wife after an interval, but not found +in licentiousness, is to be punished indeed, but more mildly and with +a penalty out of the ordinary. [Citations.] + +Caball testifies that this has been the practice in many of the +world's tribunals. Calvinus gives other cases so decided. [Citation.] +And Cyriacus, who speaks in worse circumstances, adduces numerous +other cases, and the authorities recently cited offer many more. + +This lenient opinion is the more readily to be accepted because, as I +claim, the deed about which we are arguing does not also carry with it +(as the Fisc holds) attendant circumstances demanding such a rigorous +penalty. + +[First] the taking of helpers to be present at the murders [is not +such a circumstance]; because he could lawfully use the help of +companions to provide more safely for his own honour by the death of +his wife. [Citations.] + +[Secondly] the crime is not raised to a higher class because he led +with him helpers at a price agreed upon; for what is more, and is far +more to be wondered at, a husband can lawfully demand of others the +murder of an adulterous wife, even by means of money, as the following +indisputably affirm. [Citations.] + +Likewise it does not at all disturb [our line of argument] that Count +Guido might have killed his wife and the adulterer when they were +caught in the very act of flight at the tavern of Castelnuovo, but +that he preferred rather to have them imprisoned, seeking their +punishment by law, and not with his own hand. We deny that he could +have safely killed both of them, inasmuch as he was alone, nor could +he attack them, except at the risk of his own life. Because the lover +was of powerful strength, not at all timid, and all too prompt for +resisting, since, in the word of one of the witnesses in the +prosecution for flight, he was called _Scapezzacollo_ [cut-throat]. +Nor is it credible that, unless he had been fearless and full of +spirit, he would have ventured upon so great a crime, and would have +dared to participate in her flight, and to accompany the fugitive wife +from the home of her husband. And this fact is more clearly deducible +from one of his letters, in which, after urging Francesca to mingle an +opiate in the wine-flasks for the purpose of putting her husband and +the servants to sleep, he adds that if they find it out she should +open the door; for he would either suffer death with her or would +snatch her from their hands. These things indicate both courage and +audacity. And though the wife is a woman, that is a timid and +unwarlike creature, nevertheless Francesca was all too impudent and +audacious, whether because of her hatred for her husband or on account +of her anger at the imprisonment of her lover. For she drew a sword +upon her husband in the very presence of the officers who were about +to arrest her. And to prevent her from going further, one of the +bystanders had to snatch it from her hands. Therefore, before their +imprisonment, Guido could not put into effect what he had had in mind +and what he could lawfully do, because he was alone and his strength +was not sufficient. Then when she had been taken to prison, and +afterwards was placed in safe keeping, it was impossible for him to +vindicate his honour. But when at last she had left the monastery and +had gone back to the home of Pietro and Violante, he took vengeance as +soon as he could. Therefore we hold that he killed her in the very +act, as it were, and immediately. In Sanfelicius [Citation], we read +of a case where a husband, though he could have killed his wife +immediately, did not do so, but craftily redeemed himself from his +disgrace by slaying his wife as soon as possible. And Giurba also +speaks of a case where the argument is concerning an injury that was +not personal, but real, as was said above. + +Guido saw to her capture, and insisted that she be punished, lest she +continue her adultery and viciousness, being powerless to do anything +else, because his confusion of mind, his helpless fury, and his sense +of shame led him unwisely into not taking the law into his own hands +and recovering his lost honour. He indeed lodged complaint, but it was +because he could not kill her. Nor would his ignominy have been wiped +out nor his infamy have been destroyed by her imprisonment and +punishment. But when, indeed, after her imprisonment he was still more +shut out from noble company, his injury ever became the more acute, +and it stimulated him the more strongly to regain his own reputation. +But his bitterness of mind was increased especially at hearing that +she had gone back to the home of Pietro and Violante, who had declared +that she was not their daughter, but the child of a dishonest woman; +hence his injury was increased by her staying in a home which he +suspected, as is said a little further on. Accordingly the same cause +kept urging him after her departure from the monastery, as had done +so before her imprisonment and the appeals made by Count Guido. + +It makes very little difference that Francesca was staying in the home +of Violante, which had been assigned to her as a safe prison with the +consent of Guido's brother. For what would it amount to even if with +the consent of Guido himself she had been taken from the monastery +(yet we have no word of this matter in the trial). For Guido could +make that pretence to gain the opportunity of killing her for the +restoration of his honour. Nor would such dissimulation increase the +crime, especially to the degree of the ordinary penalty, since it is +certain that the husband may kill a wife stained with adultery without +incurring such penalty. Yet a heavier or lighter penalty is inflicted, +just as more or less treachery accompanies the murder, as Matthæus +testifies it was practised in the Senate of Matrinumsis. [Citation.] + +Nor is the attendant circumstance of the place assigned as a prison +worthy of consideration, as if the custody of the Prince had been +insulted; for one is not said to be in custody when he is merely +detained in a place under security that he will not leave it. +[Citation.] Furthermore, this objection falls utterly to the ground, +because the circumstance of such a place does not increase the crime, +whenever it is committed by one having provocation or for the +repelling of an injury. And [the following authorities] hold thus in +the more serious case of a crime committed in prison. [Citations.] + +Furthermore we do not believe, from what is said above, that the +penalty can be increased because of the murder of Pietro and Violante, +since the same injured honour, which impelled Count Guido to kill his +wife, forced him to kill the said parents. And now may the ashes of +the dead spare me if what I have urged above, and what I am about to +say, may seem to disturb their peace! Neither the flame of hatred nor +the impulse of anger (which are far from me) have suggested these +charges; but the demands of the defence, which I have assumed without +a penny of compensation, compel me to employ every means leading to +the desired end. + +I have said, and I think not without due reason, that the Accused +sprang forward to the death of both of them, moved simply by an +immediate injury to his own reputation. For a few months after the +marriage contracted with Francesca, whom they had professed to be +their daughter, they had not blushed to declare that she was not such. +Hence there is an inevitable dilemma. Either [_first_] she was in +deed and truth their daughter, and then we must acknowledge that in +afterward denying her parentage they had inflicted the greatest injury +upon the honour and reputation of the Accused; for they had conceived +strong hatred and malice against him. Hence they did not hesitate to +disgrace their own daughter, in order that they might bring upon him +the infamy of having married the daughter of a vile and dishonest +woman. This is indeed a fact, that whoever knows Count Guido supposes +he has married a girl, not merely of rank unequal to his own, but even +of the basest condition, and this greatly injures the reputation of +his entire household. + +Or else [_second_] Francesca was indeed conceived of an unknown father +and born of a dishonest harlot. And it cannot be denied, that in that +case he suffered even greater injury, which branded him with a mark of +infamy; both because of her birth and from the fact that daughters are +usually not unlike their mothers. Cephalus [Citations], where we read: +"From such mingling with harlots it is to be supposed that the people +become degenerate, ignoble, and burning with lust." And would that +experience had not taught us this fact! + +The unfortunate man believed he was marrying the daughter of Pietro +and Violante, born legitimately, and yet by the contrivance and +trickery of this couple he married a girl of basest stock, conceived +illegitimately by a dishonourable mother. From this fact alone the +quality of those parents can be inferred, who, for the sake of +deceiving those lawfully entitled to the trust-moneys, had made most +vile pretence of the birth of a child, entirely unmindful that they +laid themselves liable to capital punishment. [Citations.] + +It will not, therefore, be difficult to believe what Francesca reveals +in her letter to her brother-in-law, that the abovesaid couple, in +spite of the fact that she was well treated, kept instigating her +daily to poison her husband, her brother-in-law, and her +mother-in-law, and to burn the home. And though these crimes are very +base, they gave her still worse counsel, even by her obligation to +obey them; namely, that after their departure from Arezzo, she should +allure a lover, and leaving her husband's home in his company, should +return to the City. In her obedience to their commands, this daughter +seemed indeed all too prompt. Who then will deny that such reckless +daring, wherefrom a notorious disgrace was inflicted upon the entire +household of the Accused, ought to be attributed to the base +persuasion of the said couple? Nor was it difficult to persuade that +girl to do what she was prone to by inborn instinct and by the example +of her mother. + +It is not my duty to divine why that couple so anxiously desired the +return of Francesca to their home. But I cannot persuade myself that +they were moved by mere charity, namely, that she might escape +ill-treatment. For Francesca, in the said letter, acknowledges that +she is leading a quiet life, and that her husband and the servants are +treating her very well, and that what she had laid before the Bishop +had been the falsehood of the said couple. + +I know furthermore that if a husband have knowledge of the adultery of +his wife and keep her in his home, he cannot escape the mark and +penalty of a pimp. [Citations.] If, therefore, as the said couple +declare, Francesca was not their daughter, why did they receive her so +tenderly into their home after her adultery was plainly manifest? Why +did they, as I may say, cherish her in their breasts, not merely up +till the birth of her child, but even till death? And I wish I could +say that her love affairs with the banished [priest] were not +continued there! For at his mere name, after the knocking at the door, +as soon as they heard that some one was about to give them a letter +from the one in banishment, immediately the door was opened and Guido +was given an entry for recovering his honour. If, indeed, the said +couple had been displeased with the adultery of Francesca, they would, +without doubt, have shuddered at the name of the adulterer, and would +have cut off every way for mutual correspondence. Therefore it is most +clearly evident that the cause of wounded honour in the Accused had +continued, and indeed new causes of the same kind had arisen, all of +which tended toward blackening his reputation. + +Nor does it make any difference that the Accused may have had in mind +several causes of hatred toward both Francesca and the Comparini. For +if these are well weighed, they all coincide with, and are reduced to, +the original cause, namely, that of wounded honour. However that may +be, when causes are compatible with one another, the act that follows +should always be attributed to the stronger and more urgent and more +acute. [Citations.] And on the point that when several causes concur, +murder is to be referred and attributed to injured honour, and not to +the others: [Citations.] + +Therefore I think that any wise man ought to acknowledge that Guido +had most just cause for killing the said couple, and that very just +anger had been excited against them. This was increased day by day by +the perfectly human consideration that he would not have married her +unless he had been deceived by that very tricky couple. And to what is +said above we may add that either the child born [of Pompilia] was +conceived in adultery, as the Accused could well believe, since he was +ignorant of the fact that his wife was pregnant during her flight; and +then we cannot deny that new offence was given to his honour, or the +old one was renewed, by the said birth; or the child was born of his +legitimate father; and who will deny that by the hiding of the child, +Guido ought to be angered anew over the loss of his son? And the great +indignation conceived from either cause (the force of which is very +powerful) is so deserving of excuse that very many atrocious crimes +committed upon the impulse of just anger have gone entirely +unpunished. [Citations.] The following text [Citation] agrees with +this, "Nevertheless, because night and just anger ameliorate his deed, +he can be sent into exile." [Citations.] + +And not infrequently, in the contingency of such a deed, men have +escaped entirely unpunished, who, when moved by just anger, have laid +hands even upon the innocent. For a certain Smyrnean woman had killed +her husband and her son conceived of him, because her husband had +slain her own son by her first marriage. When she was accused before +Dolabella, as Proconsul, he was unwilling either to liberate one who +was stained with two murders, or to condemn her, as she had been moved +by just anger. He therefore sent her to the Areopagus, that assembly +of very wise judges. There, when the cause had been made known, +response was given that she and her accuser should come back after a +hundred years. And so the defendant in a double murder, although she +had also killed one who was innocent, escaped entirely unpunished. +[Citation.] + +Likewise, a wife who had given command for the murder of her husband +because of just anger from his denial of her matrimonial dues was +punished with a fine, and a temporary residence in a monastery, as +Cyriacus testifies. [Citation.] Such pleas might indeed hold good +whenever the accused had confessed the crime, or had been lawfully +convicted, neither of which can be affirmed [in our case]. But much +more are they to be admitted, since he confesses only that he gave +order for striking his wife's face, or for mutilating it; and if those +he commanded exceeded his order, he should not be held responsible for +their excess. [Citations.] + +His fellows and companions give his name, and claim that he had a +hand in the murders. And in spite of the fact that the Fisc claims +they have hidden the truth in many respects, equity will not allow +that certain matters be separated from their depositions and that +these be accepted only in part; for if they are false in one matter, +such are they to be considered in all. It would be more than enough to +take away from those depositions all credence that, under torture in +his presence, they did not purge that stain. [Citations.] + +It has very justly been permitted that in defence of this noble man, I +should deduce these matters, as they say, with galloping pen. The +scantiness of the time has not suffered me to bring together other +grounds for my case; these could be gathered with little labour, and +possibly not without utility. Yet I believe that all objections, which +can be raised on the part of the Fisc, have been abundantly satisfied. + + GIACINTO ARCANGELI, _Procurator of the Poor_. + + + + + [File-title of Pamphlet 2.] + + + _By the Most Illustrious and Most + Reverend Lord Governor in + Criminal Cases_: + + _ROMAN MURDER-CASE_ + + _On Behalf of Count Guido Franceschini + and his Associates, Prisoners, + against the Court and the Fisc._ + + _Memorial of law by the Honourable + Advocate of the Poor._ + + + _At Rome, in the type of the Reverend Apostolic Chamber, + 1698._ + + + + +ROMANA HOMICIDIORUM + +[PAMPHLET 2.] + + +Most Illustrious and Most Reverend Lord Governor: + +From the "prosecution [for flight]," which was brought in this very +tribunal, and by his honour, Lord Venturini, Judge in this present +case, there is more than satisfactory proof of adultery committed by +Francesca Pompilia, wife of Count Guido Franceschini, a nobleman of +Arezzo, with the Canon Caponsacchi. With Caponsacchi the parents of +this same Francesca Pompilia entered into conspiracy, although they +were living here in the City. And after she had given an opiate to +Count Guido and his entire household, she fled that same night from +the City of Arezzo toward Rome. + +Consequently, the Canon, as may be remembered, was banished to Civita +Vecchia, with a statement of his criminal knowledge of that woman in +the said decree of condemnation. This adultery is also evident from +other matters of evidence deduced by the Procurator of the Poor. There +remains, accordingly, no room to doubt it, but rather their adultery +may be said to be notorious here in the City, in the country of Count +Guido, and throughout all Etruria. + +Since this is established, we can safely assert that even if Guido had +confessed that he slew his wife with the complicity and help of Blasio +Agostinelli of the town of Popolo, Domenico Gambassini of Florence, +Francesco Pasquini of the castle of Monte Acuto, and Alessandro +Baldeschi of Tiferno, he should not therefore be punished with the +ordinary death penalty, but more mildly. This is in accord with the +decision of Emperor Pius as related by Ulpian [Citation] and by +Martian. [Citation.] For in both of them it is said that a man of low +birth is sent into perpetual exile, but that a noble is banished only +for a limited time, but the crime of a husband who is moved by just +anger is overlooked, as this same Ulpian confirms [Citation], since it +is most difficult to restrain such anger. [Citation.] + +Yet we should not consider it necessary that the adultery of the wife +be conclusively proved (as it really is) in order that there be room +for mitigating the said penalty. For it would be enough, if we were +dealing with a case of mere suspicion: Glossa, etc. "A man who had +killed his son because he believed the young man had lain with his +stepmother, as was true, was deported to an island." [Citations.] + +Dondeus also speaks of a man who had boasted that he wished to ruin +the sister of the one who killed him, which is said to have aroused +just suspicion and fear for the loss of honour sufficient to free the +slayer from the ordinary penalty of murder. [Citations.] + +Nor is it true, as some authorities affirm, that the husband must take +the wife in very adultery, and kill her immediately; in which case, +they say the abovesaid laws hold good, but that it is otherwise if the +murder is done after an interval. [Citations.] For the contrary +opinion is the truer, the more usual, and the one to be observed in +practice, as Marsilius well advises, where he speaks in defence of a +certain nobleman who had killed another person after an interval. The +man slain had betrothed his sister by promise and had kept her for +three months, and had then rejected her. Because of this, a great +injury and much infamy were inflicted upon his family and the entire +kin. Marsilius then adduces the abovesaid laws, which pronounce +concerning a husband who kills his adulterous wife; and Bertazzolus +offers the case of one who had killed his adulterous wife and had +afterward, in his own defence, proved the adultery by the double +confession of the same wife. Claudius Jr. testifies that the murderer +was banished for a time by the praetor of Mirandola, and after the +lapse of several months he was recalled by the Duke of Mirandola. +[Citations.] + +Afflitto cites the decree of the Kingdom, beginning _Si Maritus_, +which concedes impunity to a husband who kills his wife and the +adulterer both, in the very act of adultery, and without any delay. He +then says that if both of these requisites are not present, the +husband is excused in part, but not entirely; and so is punished more +mildly. And in No. 2 he gives the reason; because whenever one commits +a crime, under impulse of just anger, the penalty should be somewhat +moderated, according to the aforesaid text. [Citations.] + +Matthæus [Citation] adduces the excellent words of Theodoric as quoted +by Cassiodorus [Citation], where we read: "For who can bear to drag +into court a man who has attempted to violate his matrimonial rights? +It is deep-seated even in beasts that they should defend their mating +even with deadly conflict, since what is condemned by natural law is +hateful to all living creatures. We see bulls defending their cows by +strife of horns, rams fighting with their heads for their wethers, +horses vindicating by kicks and bites their females; so even these, +who are moved by no sense of shame, lay down their lives for their +mates. How then may a man endure to leave adultery unavenged, which is +known to have been committed to his eternal disgrace? And so if you +have made very little false statements in the petition you offer, and +if you have indeed only washed away the stain to your marriage-bed by +the blood of the adulterer, taken in the act, and if you are looking +back from your exile, which was evidently inflicted not by reason of a +bloodthirsty mind, but because of your sense of shame, we bid you +return from your exile; since for a husband to use the sword for the +love of his sense of honour is not to overthrow the laws, but to +establish them." + +Dondeus says this interpretation is clearly proved by the authority of +a glossa in the chapter: _Ex litterarum_. [Citation.] For in the text, +when these words are used: "your wife taken in adultery," a glossa +explains the word "taken" as equal to "convicted." Marta says this +opinion is much more just and equitable, and is commonly held. And +Muta (_dec. Siciliæ 61_) in the end offers a decision of the supreme +court of the kingdom, by which a husband was condemned to the galleys +for seven years. This was on account of the accompanying +circumstances; for he had had his wife summoned outside of the city +walls by his son, and there had killed her; and afterward her body was +found to have been devoured by dogs. Dexartus testifies that it was +thus decided in Sacred Royal Court, in condemning a husband only to +exile. Sanfelix also tells us that certain noble young men, who had +killed their wives, after an interval, because of strong suspicion of +adultery, were absolved by the Royal Council of Naples, in view of the +quality of the persons concerned. In their favour, authorities of the +highest rank had written, whose allegations this same author places +under the said decision. And although some of these young men were +condemned to the oars, he said that this punishment had been imposed +because of the mutilation of the privates which followed; because +those who do such things are considered enemies to nature. (_Panimoll. +dec. 86._) And Caldero, although in the preceding numbers he inclined +toward an opinion contrary to ours, came over to our side when he saw +that Matthæus held that opinion. + +And the reason is very evident, for whenever such an injury is +suffered by fine natures, especially among the noble class, it is +ever present with them, and continually oppresses the heart, and urges +it on to vengeance for the recovery of lost honour, as Giurba well +notes. [Citations.] + +For this reason, it has always and everywhere been held in case of +murder committed for honour's sake that there is no place for the +ordinary death penalty, which should be mitigated at the discretion of +the judge. And this rule has been followed, when the murder was +committed after an interval, and even after a long interval. For the +abovesaid reason, both Grammaticus and Gizzarellus affirm and hand +down this opinion. The latter says that it has always been so adjudged +by the Sacred Council of Naples, and that this opinion has always been +accepted by our ancestors. [Citations.] + +It was so judged by the high court of the Vicar, although it was +dealing with a murder committed after two years, and by craft, by two +brothers upon the adulteress in the presence of her sister's cousin. +Cyriacus also speaks of the murder of a husband by his wife, because +he was keeping a mistress and was contriving against her honour; and +there he said that since just anger has a long continuance, because of +its extreme bitterness, vengeance should always be said to follow +immediately. [Citation.] + +Another reason also is at hand, which is considered by the +authorities, namely, that an injury, whereby the honour is hurt, is +not personal, but real, and therefore can be resented at any time +whatsoever, even after the lapse of a very long time, as Giurba holds +in our circumstances. [Citations.] + +We have therefore a great many standard authorities who affirm, for +most vital reasons, that murder committed, even after an interval, +upon the person of the wife or of any one else, for honour's sake, +ought not to be punished with the ordinary death penalty, but more +mildly. Furthermore, these authorities bear witness that the matter +has been so judged in the tribunals with which they are acquainted. No +attention therefore should be paid to the opposite opinion held by +Farinacci [Citation]; for we plainly see that he speaks contrary to +the common and usually accepted opinion in tribunals. [Citation.] + +Still further it should be noted that the same author in _cons. 66, +num. 5_, holds the very opposite, basing his opinion especially upon a +text in the law of Emperor Hadrian [Citation], where a father had +killed his son, who was not found in the act with his stepmother, but +while out hunting and in the woods, that is, after an interval. And he +was punished not with the death penalty, but by deportation. Several +of the above-cited authorities offer the decision of this text +likewise in corroboration of this opinion of ours. Our point is also +proved by the fact that this same author in _quaest. 121_ is rather +doubtful; and there he acknowledges that for this opinion of ours the +reason given above is very strong, namely, that "injured honour" and +"just anger" always oppress the heart. And so he says in such a case +one should note the sense of the text in the law _Non puto_ +[Citation], where Modestinus, Doctor of Law, says that he thinks that +one would not make a mistake who in doubtful cases should readily give +this response against the Fisc; and Farinacci cites him so speaking. + +But one should be on his guard against what this same Farinacci +asserts: namely, that this opinion of his, so far as he could see, was +the one more approved by the Sacred Court. For since this point of +doubt, as he himself confesses, had not then been advanced, he could +not judge what would be the outcome if it had been proposed. And +indeed the wisest of the said high authorities do not give their +assent to his opinion, but rather hold the contrary, which is +favourable to ourselves, as is seen in the decisions they have given +from time to time. For it was so held on March 25, 1672, in the case +of Carolo Falerno, who was condemned to an unusual penalty for the +murder of Francesco Domenici; for he had found him coming out of a +church, to which he had warned him not to go, as he was suspicious +that the one slain was following his wife. In like manner with Carolo +Matarazzi, August 15, 1673, who killed his wife on the foolish grounds +that he suspected her of illegitimate conception because of the +absence of her menses; but this suspicion did not indeed correspond +with the truth. And in law a matter may be even more mistaken and less +observed by human intellect. [Citations.] + +Likewise in a murder committed treacherously with an arquebus upon the +person of Tomaso Bovini by Francesco Mattucio of Monte San Giovanni, a +person of the very lowest class, merely because of the attempted +dishonour of his sister. The attempt of the one killed was proved by +two witnesses on hearsay of the one slain. On September 4, 1692, the +penalty of life sentence to the galleys, to which the said Mattucio +had been convicted on strongest proofs on the preceding July 12, was +moderated by the sacred court, before the Right Reverend Father Ratta, +of blessed memory. With good right, therefore, this same Farinacci is +expressly confuted and overthrown by Matthæus. [Citations.] + +This opinion of ours is to be accepted the more readily when we +consider that the husband is more stirred by the adultery of his wife +than by the murder of his son. [Citations.] Yes, and even more than by +the defilement of his daughter. [Citation.] So that if a husband does +not complain of the adultery of his wife, he is considered a pimp, as +Paschal holds, where we read recently: "Adultery of the wife gives +offence not merely to the husband, but blackens and stains the entire +kin." [Citations.] That this happened in the present case is plainly +evident; for Abate Paolo, brother of Guido, was compelled not only to +leave the City, in which he had lived for many years with highest +praise, but even to pass out of Italy, because he was pursued +undoubtedly by the greatest disgrace on account of this adultery. +While he was carrying on Guido's cause in the courts, he moved the +laughter and sneers of almost all sensible and wise men, not to say of +the very judges themselves, as usually happens in these circumstances. +[Citations.] + +Nor would it stand in the way of what we have said above, if without +prejudice to the truth, we should admit (as the Fisc claims) that +Count Guido killed his wife with the complicity and aid of the said +Blasio, Domenico, Francesco, and Alessandro, assembled for that +purpose; for he could do that in order to take vengeance upon her more +easily and more safely. [Citations.] + +[Nor would it stand in our way if we admitted] that he had assembled +the said men by means of money. [Citations.] + +Nor does this plea of injured honour cease with regard to the murders +of the said father-in-law and mother-in-law; for since their +conspiracy in the adultery of their daughter is established, they +themselves were among the causes of the injury and ignominy which +resulted therefrom to the prejudice of the honour and reputation of +Count Guido, their son-in-law, and her husband respectively. +Therefore, these murders likewise ought to be punished with the same +penalty as the principal, according to texts in the law _Qui domum_. +[Citations.] And so they gave cause enough to Count Guido to take +vengeance on them. + +It is to be added, furthermore (as will be proved indeed, and as Count +Guido himself has asserted in his testimony), that they themselves did +another injury to his reputation by means of the civil suit which they +brought on the grounds of the pretended birth of Francesca Pompilia; +and not merely here in the City, but also in his own country, they +distributed the most bitter libels, which were added to this same +lawsuit. Hence it cannot be denied that Count Guido for this reason +had conceived a just anger and provocation, and that he had just +cause for taking vengeance. This is according to the text [Citation], +where Alexander the Third wrote to the Bishop of Tournay that a +certain woman who had killed her child should be placed in a +monastery, because she was reproached by her husband with the +accusation that it had been conceived in adultery. For in crimes where +anger does not entirely excuse, still the delinquent who kills in +anger conceived from just grievance is somewhat excused. [Citation.] + +And this is true in spite of the fact that the Fisc may claim that the +penalty given in the Constitution of Alexander has been incurred. For +in the present case the crime cannot be said to have been committed on +account of hatred aroused by the lawsuit; for in that suit Count Guido +had gained a favourable sentence from Judge Tomati, which was +sanctioned by the Supreme Tribunal of Justice. But the crime was +committed indeed because of his just indignation. And this arose, +first, from the ignominy growing out of the said pretence as to her +birth; second, from the provocation given by the Comparini (now slain) +in issuing and distributing the said papers; and, third, from their +conspiracy in the flight of his wife. For indeed this Constitution of +Alexander does not apply where no guile is present and where some +provocation has been given by the one hurt. Farinacci very fully +affirms this throughout _cons. 67_, where in the end he places the +complete decision of the Sacred Court. + +In any case, since with Count Guido two causes for committing crime +concurred: one the aforesaid matter of the lawsuit, another wounded +honour because of the lawsuit brought and the flight in which they +conspired, wherefrom the adultery had followed, the cause of honour +should be given attention, as it is the graver and consequently the +more proportionate to the crime. [Citations.] + +Likewise the penalty should not be increased in view of the place of +the crime, because the defence of one's honour is so justifiable, and +the anger and commotion of mind arising therefrom is so just, that +reason for it cannot be demanded, as Merlin Pignatelli [Citation] +holds, because Giovanni Francesco de Carrillo [Citation] speaks of an +insult offered in prison. And No. 29 approves the decision for the +reason that greater reverence is due to churches and other places +consecrated to God, and in which the King of Kings and Lord of Lords +dwells in essence; and yet one who commits crime in them from just +anger and grievance is excused; for he asserts that all Canonists and +other authorities there alleged by him unanimously acknowledge this. + +More readily, therefore, should this conclusion follow in our case, +since the said Francesca was not staying in a formal prison, but was +merely keeping her home as a prison, under security of 300 scudi, that +she would not depart therefrom; because one who has given bond and has +sworn not to leave a place is neither in chains nor in custody. +[Citations.] + +Lucano holds that there are differences between being kept in chains +and being committed under bond, etc. And Farinacci holds that the word +"custody" should be more strictly interpreted than the word "chains." +[Citations.] + +Even if, therefore, Count Guido had confessed that he killed his own +wife, his father-in-law, and his mother-in-law, with the complicity +and aid of the above-named helpers, he should not be punished with the +ordinary penalty, for reasons given above. And much more readily +should we follow this opinion since we can see that he confessed only +that he gave commands for mutilating his said wife (_ad sfrisiandum_), +if I may use the word of the authorities. In this case he is not to be +held responsible for the subsequent death of his wife and of the +others. Decian, _cons. 622, no. 4_, in this very condition, holds that +one giving orders can be punished only for the manner of committing +the crime for which bodily punishment cannot be inflicted. + +Thus far the Fisc has been unwilling to rest satisfied with such a +qualified confession. Yet since he claims the right to torture the +accused for proving some further pretended truth, the torture shall be +simple; nor can the torment of the vigil be inflicted; because the +Constitution given out by Pope Paul Fifth, of sacred memory, for the +reformation of the courts of the City, stands in the way of that. This +is included among his Constitutions as the 71st. By this it was +decreed that such torment could not be inflicted unless these two +features jointly concur: namely, that the crime be very atrocious and +that the accused be burdened with the strongest proofs. [Citations.] + +But a crime is said to be "very atrocious" provided it is one for +which a penalty more severe than mere death should be inflicted, such +as useless mutilation, burning, and the like. _Farinaccius qu. 18, +num. 68_, etc. And such a death, as ignominious and infamous, has no +place with the persons of nobles. [Citations.] + +Hence it is much less so here, because we are not arguing about the +death penalty even, which does not enter into the present case for +reasons given above. And Gabriellus speaks to this effect on the point +that such a crime may not be said to be qualified. + +What has been said in favour of Guido, the principal, also stands in +favour of the aforesaid Blasio, Domenico, Francesco, and Alessandro; +because they cannot be punished with the ordinary penalty, but only +with the same penalty as the principal. [Citation.] Baldo cites a case +under the statute which shows that one under bann for a certain crime +cannot be killed save by the enemy who had him put under bann; and he +says that if the enemy has him assassinated, the assassin is not +punished. And he gives this reason, that what is permissible in the +person of the one giving the order should be held as permissible in +the one to whom orders are given; and he says it had been so held in a +case under that law. Castro [Citation] holds that when one is +permitted under the statute to take vengeance upon a person who has +given him offence, he is also permitted to assemble his friends, to +afford him aid, and that they shall go unpunished, just as the +principal does. He also asserts that Jacobus Butrigarus [Citation], +held thus, in _cons. 277_, where he speaks of the case of a husband +who had assembled men to beat one who had wished to shame the modesty +of his wife, he ordered his wife to pretend to give ear, and when the +intriguer had come, murder was committed. And he says that men brought +together in this way should be spared, because such an assembly was +permissible for the husband, who was principal. [Citation.] Jason +holds that in any vengeance permitted by law, one cannot demand it of +another; yet he to whom it is permitted may take fellows and +accomplices with him for the same act, and if they kill in company +with him they shall not be held to account for the murder nor for the +aid they have given; and he says that this opinion should be much kept +in mind. Cæpollinus also illustrates this in several cases, especially +in that of certain men who had killed one keeping the company of the +sister of the man who had assembled them; and he says that they should +not be punished, just as the principal was not, and he gained his +point so that it was thus adjudged. [Citations.] + +Soccini also holds it should be thus adjudged, unless one wishes to +say that they should be punished with a slighter penalty than the +principal, as often happens in the case of auxiliaries. And he speaks +in our very circumstances of men assembled by a husband for the sake +of killing one who had polluted his wife. In these same +circumstances, see also Parisius. [Citation.] Carera [Citation] speaks +of a father who had his daughter (who had been keeping bad company) +killed by an assassin; and he says that neither the father nor the +murderer are to be held to account. [Citation.] + +Marsilius also, after placing in the very beginning this principle +that when one matter is conceded all seem to be conceded which lead +thereto, draws inference therefrom for the present case and many +reasons for it are adduced. Cassanis also [Citation] holds that men +assembled in this way are not held responsible either for the murder +or for the aid furnished, if they do the killing in the company of the +principal. And in these same circumstances Garzonus speaks, decision +71, throughout. + +Nor does it stand in the way of our reasoning that one of the +aforesaid defendants had inflicted wounds with his own hands, or had +killed one of the victims; as Francesco has confessed that he +inflicted four or five wounds in the back of Francesca Pompilia. Even +in these circumstances the rule holds good that auxiliaries shall not +be punished with greater penalty than the principal. And so affirm +individually the following authorities among those recently cited. +[Citations.] + +And Garzoni testifies that it was so adjudged in the said decision 71, +where we read: "Or he may have with himself associates for this act," +and if they kill the adulterers in company of the principal they are +held to very slight account, either for the murder or for the aid +given, and it was so adjudged. + +And even in the more extreme case of one killing by assassination, and +consequently in the absence of the principal, this is the opinion of +Baldo [Citation], where we read: "And now it is inquired whether an +assassin is ever punished, and I say he is not; because what is +permitted in the person giving command is also permitted in the person +commanded." Castro [Citation] also says: "Because what I can do of +myself I can have done through my helpers who are necessary for that +purpose." And Afflitto [Citation] says: "Either with one's own hands, +or by help of another, even with the influence of money, and thus by +an assassin; for Baldo says on this same point: 'What is permitted in +the person giving command is also permitted in the person commanded'; +and he witnesses that it was so adjudged." [Citations.] Marta [speaks +as follows]: "Much more so because authorities affirm that a husband, +who on account of fear cannot kill the adulteress, may even by the +help of money demand of another that he kill her, and neither of them +is then to be punished." + +But whatever Caballus [Citation] may say to the contrary, he bases his +opinion upon Castro and Rollandus. Castro, however, favours our +opinion, as is to be seen in No. 3. Rollandus should not be given +heed; for when he offers this very same opinion about the statute +which permits any one to take vengeance; and says that since this kind +of permission is personal, it cannot be passed on from one to another, +this opinion of his is expressly contrary to the teaching of Baldo, +Castro, Jason, and others, whom we have alleged above in paragraph +_quae dicta sunt_. And since this opinion of ours is milder and more +equitable, it should hold good, as Jason decides on this point. +[Citation.] + +Nor can the punishment be increased because of the alleged carrying of +prohibited arms; because the latter offence is included then with the +real crime. [Citations.] In Guazzin we read that this is so, even if +for the carrying of the arms a greater penalty would be inflicted +[than for the principal offence]. And so, whenever it is evident that +the crime has been committed for honour's sake and for a just +grievance, as in the present case, the carrying of the arms may go +unpunished, or at least it should not be punished with a more severe +penalty than should be imposed for the principal crime itself. Thus +Policardus [Citation] well affirms when speaking of arms which are +considered treacherous by the Banns. + +These claims should hold good more readily as regards Domenico and +Francesco, who are foreigners, and are therefore not included in any +of the Apostolic Constitutions or Banns, which prohibit the bearing of +arms under very heavy penalties. [Citations.] + +Especially since they are minors, as is made clear in the course of +the trial, pp. 35 and 304; in which case they are likewise not bound +by these Constitutions and Banns, which give judgment upon the crime +of a minor. For the power to make and establish such regulations was +lacking in the Prince or public official concerned. [Citations.] + +Such are the matters which, in view of the excessive scantiness of +time, I have been able to collect in discharge of my duty for the +defence of these poor prisoners. Nor do I at all distrust that my +Lords Judges, when they see that too little has been said, will wish +to supply and offer what is lacking out of the high rectitude for +which they are distinguished. For this would be quite in accord with +the decree of Emperors Diocletian and Maximian, as related. +[Citation.] And they will follow the advice of Hippolitus Marsilius, +famous in criminal proceedings, who says that a judge is obliged by +his office to seek out grounds of defence for the accused. +[Citations.] + + DESIDERIO SPRETI, _Advocate for the Poor_. + + + + + [File-title of Pamphlet 3.] + + + _By the Most Illustrious and Most + Reverend Lord Governor in + Criminal Cases_: + + _ROMAN MURDER-CASE._ + + _In behalf of Blasio Agostinelli and his + Associates, Prisoners, against + the Fisc._ + + _Memorial of fact and law._ + + + _At Rome, in the type of the Reverend Apostolic Chamber, + 1698._ + + + + +ROMANA HOMICIDIORUM + +[PAMPHLET 3.] + + +Most Illustrious and Most Reverend Lord: + +The plea of injured honour which redeems Count Guido from the rigorous +penalty that should follow for the commission of murders, likewise +urges mitigation of the ordinary penalty for Blasio and the associates +who had hand in the murder, even though it may be pretended that they +were paid thereto. For it is taken for granted that we are dealing +with a case far removed from assassination, because of the presence of +a person who had real cause for vengeance, as the following +authorities think in common. [Citation.] + +There has been the strongest controversy among authorities as to +whether a father or husband may demand of any one except his son the +murder of his daughter or of his adulterous wife. And divided on the +two sides of the question, they have contended strongly. [Citation.] +Yet the majority are in favour of the affirmative and of the milder +sentence; and often, in the event of such a murder, it has evidently +been so adjudged. [Citation.] + +But since this question lies outside of our line of argument, it would +be vain and quite useless labour to take it up, nor is time to be +wasted when we are so hard pressed for it. For we are evidently +dealing with auxiliaries, assembled for committing homicide, according +to the thought of the Fisc. Hence the conditions of a mere "mandatory" +are not applicable; because of the immediate presence of the principal +in the crime; for when he also lays hand to the crime, those who do +likewise are not called mandatories, but auxiliaries and helpers. +[Citations.] + +Furthermore, just as Guido himself is freed from the death penalty +because of the said plea of injured honour, so likewise are his allies +and auxiliaries freed, as the following authorities unanimously +assert. [Citations.] + +Those who are cited in support of the opposite view do not pronounce +opinion in our peculiar circumstances, but speak of a husband +demanding of another the murder of his adulterous wife, and not of +auxiliaries who do the killing in company with the husband, as in our +case. [Citations.] + +In such contingency, auxiliaries who give aid to a husband while +killing his adulterous wife have always enjoyed the same indulgence as +the principal himself; that is, they always escape the capital +penalty, and indeed go entirely unpunished. [Citations.] + +Nor does the distinction of Caballus make any difference, where he +holds that auxiliaries may indeed assist with impunity a husband or a +father killing a wife or daughter respectively, in order that these +may kill the more safely; but that they cannot lend a hand and +actually kill; for in the latter case they are to be held accountable +for the murder. Because, for foundation in making such a distinction, +he plants his feet upon Paolo de Castro. [Citation.] But this is so +far from proving his purpose that it rather turns back on him +remarkably to his own injury. For after the latter sets before himself +this kind of a difficulty, under No. 2, he adds: "But I hold entirely +the contrary: that neither the one who did the killing nor he who made +the assembly (as it may be called) are to be held for the murder for +the purpose of inflicting the capital penalty." + +This is also true in the council of Rollandus a Valle. [Citations.] +May that learned authority pardon me; for even if he does attempt to +confute Paolo de Castro in the said 154th council, which is in our +favour, under the pretext that he speaks contrary to the common +opinion, this claim does not suffice in view of the above-cited +authorities. And if there were time, I would demonstrate this more +clearly. + +Furthermore, Rollandus alleges Parisius, _cons. 154, lib. 4_. But he +could well omit that, because No. 22 proves expressly contrary to him +on its very face, where it says: "Under our very conditions was given +that excellent decision of Paolo de Castro in the before-cited +council. In stronger circumstances (which also include the present +case) he concludes that those who knew of, or were present, or were +associated with a husband in the act of the said murder, and who +furnished him aid, ought not to be punished with a greater penalty +than the principal, according to the rule concerning auxiliaries, +beside the accurate authority of Marsilius." And he concludes that at +the very worst, when the utmost rigour of it is considered, they +should not be punished with more than a temporary banishment. + +Furthermore, Rollandus in the said council is expressly confuted by +Facchinus. [Citation.] Nor is this without vital reason. For just as a +qualification that modifies a crime in the principal delinquent +increases it also for the auxiliaries, whenever they are aware of it, +so all sense of equity demands that a qualification that diminishes +the penalty for the principal, even though it be unknown to the +auxiliaries, shall act in favour of them also. [Citations.] Hence +Caballus remains without a stable foundation, and is opposed to the +opinion of the many doctors here alleged, who make no distinction +between those who simply assist and those taking a hand in the murder; +and indeed all of them speak of auxiliaries. Furthermore, it is found +that this has often been the judgment, even in the more extreme +circumstances of one commanded to a murder, as was said above. And so +strong is the plea of injured honour that not only does it extend its +protection to mere mandatories, but even to mandatories whose case is +modified by the circumstance of assassination. And it causes them to +be absolved, as we find that it was so decided. [Citations.] + +Hence if both mandatories and assassins are redeemed from the ordinary +death penalty, whenever they kill an adulteress at the command of the +husband, it necessarily follows that the distinction of Caballus is +not a true one, nor is it accepted in practice. For if they are +mandatories, we cannot deny that they may kill with their own hands; +and nevertheless, not to speak of the other decisions cited above, +Clar. [Citation] testifies such a decision favourable to the accused +was handed down, contrary to the opinion of Caballus. + +If, therefore, Blasio and his fellows are not to be punished with the +death penalty for affording aid in the murders, vain is the question +whether they can be subjected to the torment of the vigil for the +purpose of having the very truth from their own mouths. For this +procedure demands two requisites: one that the most urgent proofs +stand against the accused, and the other that the crime be very +atrocious, according to the prescript of the Bull. [Citations.] + +And although the powers of this Tribunal are very great for the +dispensing with one of the said requisites, yet I have never seen the +said torment of the vigil inflicted unless when there was no doubt +that the crime, for which the Fisc was trying to draw confession from +the accused, deserved the capital penalty. We cannot believe that the +prosecution expects to make a case to this end because of the +pretended conventicle; since those who are assembled are not to be +held under the penalty for conventicle, but only the one who assembled +them is so held, as Baldo well asserts. [Citations.] Nor in this case +can the penalty for the asserted conventicle be made good against +Count Guido himself, since the cause for which he assembled the men +aids him in evading the penalty; inasmuch as one may assemble his +friends and associates for the purpose of regaining his reputation. +[Citations.] + +For this has been well proved, that whenever any one for just +grievance assembles men to avenge his injury, he has not incurred the +crime and penalty of conventicle. + +And although Farinacci, _quaest 113, n. 55_, declares that this holds +good provided the vengeance be immediate, but that it is otherwise if +the vengeance be after an interval, yet I pray that it be noted that +in either case, if it concern vengeance for a personal injury (in +which conditions he himself speaks), and therefore when for an injury +which wounds the honour, such vengeance is at all times said to be +taken immediately. For such an injury always urges and presses, +because it should be termed the restoration and reparation of honour +(which the one injured in his reputation could not otherwise +accomplish), rather than vindication and vengeance, as we believe was +satisfactorily proved in our other plea in behalf of Count Guido. + +But all further difficulty ceases with this consideration: prosecution +can be brought for conventicle, if the men were assembled for an evil +end and no other crime followed therefrom; but when, according to the +sense of the Fisc, they have been called together for committing +murders, and these are really committed, no further action can be +taken as regards the prohibited conventicle, but rather for the +murders themselves; for the assembling of the men tended to this same +effect. [Citations.] And it is for this reason more particularly; +because when the beginning and the end of an act are alike illegal, +the end is given attention, and not the beginning, as Bartolo teaches +us. [Citations.] + +It is to be added still further, that the assembling of men is not +illegal in itself; indeed it is possible for it at some times to be +both permissible and worthy of approval, as in the cases related by +Farinacci. But it is illegal because of its evil consequences and the +base end for which it is usually made. Hence, as the assembling of men +is prohibited, not in itself, but because of something else, the end +ought to be considered rather than what precedes the end. + +Nor should the rigorous penalty of death be inflicted at all upon +Domenico Gambassini and Francesco Pasquini for the pretended carrying +of arms of illegitimate measure; because they are foreigners and had +not stayed long enough in the Ecclesiastical State so that their +knowledge of this law could be taken for granted. Nor ought it to be +inflicted upon the others; for even if the death penalty is threatened +by the Constitutions and Banns for the bearing or retention of them; +yet since the carrying of this kind of arms is not prohibited for +reasons in itself, but because of the pernicious end which follows it, +or can follow it; and because this bearing of arms was looking towards +the said murders; and because these, although they are not entirely +permissible, are not utterly without excuse, the crime of carrying +such arms should be included with the end for which they were carried; +because the one is implied in the other, nor may the means seem worse +than the end. And although, according to the opinion of some persons, +the penalty for carrying arms is not to be confused with the crime +committed with them, whenever the latter is the graver, yet this seems +to be so understood when a crime is committed with them which is +entirely illegal and without excuse. But this is not so when the crime +is deceased and extenuated, and indeed excused in part, because of the +reason for which it was committed. + +In any case, the bearing of arms, according to common law, is but a +slight crime. [Citations.] + +Although by special Constitutions and Banns the penalty has been +increased almost to the highest possible point, yet this kind of +increase does not change the nature of the crime. And just as in the +eyes of the common law, torture is not inflicted for getting the truth +from those indicted for the said carrying of arms, in view of the +insignificance of the crime, in like manner it cannot be inflicted by +the force of Constitutions and Statutes which have increased the +penalty. [Citations.] + +And this is especially true in the case of the torment of the vigil, +which cannot be inflicted for a crime that is not in its very nature +most atrocious, but that is held as such, so far as the penalty is +concerned, merely by the strength of a decree. This holds good unless +indeed the nature of that crime is changed according to the method of +proceeding in it. [Citation.] + +And we see in the Banns of our Illustrious Lord Governor that he +expressly declared this, when he wished to proceed with the torment of +the vigil in cases in which he could not proceed legally; that of a +certainty he would not do so. Nor would he indeed have done this, if +he could have inflicted such tortures in the case of crimes which are +not capital by common law, but are to be expiated with the death +penalty by the rigour of the Banns. + + GIACINTO ARCANGELI, _Procurator of the Poor_. + + + + + [File-title of Pamphlet 4.] + + + _By the Most Illustrious and Most + Reverend Lord Governor in + Criminal Cases_: + + _ROMAN MURDER-CASE + with qualifying circumstance._ + + _For the Fisc._ + + _Summary._ + + + _At Rome, in the type of the Reverend Apostolic Chamber, + 1698._ + + + + +SUMMARY + +[PAMPHLET 4.] + + +_No. 1._--_The sworn testimony of a witness as to the poverty of said +Count Guido Franceschini and the miseries suffered by the Signori +Comparini while they stayed in his home in the city of Arezzo._ + + _June 24, 1694._ + +Angelica, the daughter of the deceased Pietro and Johanna Battista of +Castelluccio, in the Diocese of Arezzo, about 35 years of age, was +examined by me on behalf of Pietro Comparini, against any one +whomsoever, and put on permanent record; as to which testimony, she +took oath to speak the truth, as is seen below. + +I tell you in all truth, sir, that while I was staying in Arezzo last +January in the home of Signora Maddalena Baldi Albergotti, the chance +was offered me to go and serve Signora Beatrice Franceschini and her +sons, etc. I decided to do so, and when I had gone to the home of the +Signori Franceschini I spoke with the said Signora Beatrice. She drew +me aside into a little room and told me that she would take me as a +servant, but that I should never have any private dealings with the +two old people who were in the house; one of them was Signor Pietro +Comparini and the other Signora Violante, his wife. She charged me +still further that if either of the two old people chanced to call me +into their chamber, I should not go without first asking her +permission. On these terms I accepted the service. After I had entered +thereupon, I noticed that Signora Violante stayed in her room most of +the time, weeping, and though the Comparini were stiff with cold, the +room was without fire. Hence I took pity on her, and without the +knowledge of Signora Beatrice, I took the coals from my own brazier +and carried them to her. But no sooner did I offer them to her than +Signora Violante ordered me out of the room, lest Signora Beatrice +might take offence that I had done this act of charity. Also, once +among the many times, when Signora Beatrice found it out she made me +leave the coals in the fireplace and snatched the shovel from my +hands, and threatened me, saying that if she had wished it she +herself would have come to bring it; because she did not want me to do +any service whatsoever for the said Signori Comparini. And the +Comparini could not even speak among themselves, because Signor Guido +Franceschini, the Canon Girolamo his brother, and Signora Beatrice, +their mother, would stand at one door or another of the apartment and +listen to what the said Signori Comparini were saying to one another. +This occurred every evening and morning until the said Signor Pietro +left the room and the house. And when he returned at night they were +unwilling for me to make a light for him on the stairway. And once +when Signor Pietro came back home about half-past six in the evening, +and I heard him scrape his feet, I took up the lamp to go and meet +him. But Signor Guido noticing that, snatched the lamp from my hands, +telling me that I had better keep still, and that I had better not +approach unless I wished to be pitched out of the window. And this +seemed all the worse to me, because when I first entered upon the +service of the said Franceschini I had heard it said around the house +that one evening, as Signor Pietro was coming back home, he had +fallen, while ascending the same steps without a light, and that he +had made a very ugly bruise, because of which he had had to keep his +bed for many days. At the same time, while I was in the said service, +it chanced one morning at breakfast that the Franceschini gave some +offence to Signora Violante, because of which a mishap befell her. For +no sooner had she reached her own room than she threw herself into a +straw-chair and swooned away. When Signora Francesca Pompilia, wife of +the said Signor Guido, found it out, she began to weep and to cry out +with a loud voice, saying, "My mother is dying." Whereupon I ran to +Signora Violante and began to unlace her, and turned to bring her a +little vinegar and fire. But because there was no fire I took some +wood and put it in the fireplace to kindle it. When Signora Beatrice +saw this she snatched the wood from the fire, in great anger, and told +me to take the ashes, which were quite enough to warm her feet. So I +took the ashes that were in the fireplace, but because of the +intensely cold weather they were cool when I reached the room where +the Signora Violante was half dead. Accordingly, the Signora Pompilia +and I, both of us weeping, unclothed Signora Violante and put her in +the bed, which was as cold as ice. And because I was crying when I +returned to the kitchen, after having put Signora Violante to bed, +Signora Beatrice said to me: "Do you want me to take a little hemp +and wipe your eyes?" Signora Francesca Pompilia also heard this, and +she made some complaint to Signora Beatrice who did not want me to +return to the room again nor to make a little gruel, as Signora +Violante had ordered. + +It happened a few days later, during the month of February following, +that while the Signori Franceschini, Francesca Pompilia, Signor +Pietro, and Signora Violante were at the table, they began talking of +their purpose of sending me away, as the Franceschini had already +dismissed me from service. When Signora Francesca Pompilia, who was at +the table with the others as I have said above, heard this, she +remarked to Signor Pietro and Signora Violante: "Do you know why they +wish to send her away? They believe she wished to censure me because +Signora Beatrice said some days ago that she would take hemp and wipe +the tears from her eyes, when she was weeping over the accident that +happened to you, mother." Then Signor Pietro spoke up and asked the +Signori Franceschini to keep me in their good graces for eight or ten +days more, for if he wished to return to Rome with Signora Violante he +would take me with them. And he said he could expect this favour at +their hands, as it was the first he had ever asked of them. To this, +none of the Franceschini replied; but Signor Guido rose from the table +and, approaching me, gave me two very good licks. The others then came +up. While he was doing this, the Canon, his brother, also gave me some +kicks, and his mother struck me and told me to leave at once. As soon +as Signora Violante saw and heard this she took pity on me and +exclaimed to the said Signori: "Where do you wish the poor thing to go +now?" And all the Franceschini with one accord said to Signora +Violante: "You get out with her, too." And they called her "slut," and +other insulting names, so that Signora Violante went to her room to +put on her wraps. The Canon drew a sword and ran after her into the +room and shut the door. I, fearing that he would inflict some wounds +upon Signora Violante, ran to enter the room and found that the Canon +had locked himself within. So myself and Signor Pietro and Francesca +Pompilia began to weep and to cry out for help, thinking that the +Canon would kill Signora Violante there inside. And after some little +time, I left the house, while the said couple and Signora Francesca +Pompilia were still making outcry to the Signori Franceschini. + +During all the time I remained in the service of the said Signori +Franceschini at Arezzo, as I have said above, I can say of a truth +that every morning and evening at the table I served the said Signori +Franceschini, Signora Francesca Pompilia, Signor Pietro, and Signora +Violante Comparini. For the food of all this tableful, the +Franceschini bought on Saturday a sucking lamb, on which they spent, +at most, twelve or fourteen _gratie_. Then Signora Beatrice cooked it +and divided it out for the entire week. And the head of the lamb she +divided up for a relish three times, and for the relish at other times +she served separately the lights and intestines. During the days of +the week when they ate there was no other sort of meat on the table to +satisfy the needs of all the tableful. When he did not buy the lamb on +Saturday, as I have said, Signor Guido gave money to Joseph, the +houseboy, to buy two pounds of beef. Signora Beatrice herself put this +to cook every morning, nor was she willing for the rest to meddle with +it, and they ate therefrom at the table and carved for the evening +meal. And because this meat was so tough that Signor Pietro could not +eat it (as they had not cooked it enough), Signor Pietro did without +eating meat, for the most part, and ate only a little bread, toasted +and in bad condition, and a morsel of cheese. Thus Signor Pietro +passed the days when they bought beef. On fasting days he ate +vegetable soup with a little salted pike, and sometimes a few boiled +chestnuts. But always, whether on fasting days or not, the bread was +as black as ink, and heavy, and ill-seasoned. Then the wine which +served for the table was but a single flask; and as soon as the wine +was poured into this, Signora Beatrice made me put in as much more of +water. And so I made out to fill the wine flask, half of it being +water, and very often there was more water than wine. This flask she +put on the table, and ordinarily it sufficed for all those eating, +although at most the flask did not hold more than 3œ _foghliette_ +[half-pints] according to Roman measure. + +Furthermore, I say that, not many days after I had left this service, +it was public talk throughout Arezzo that Signor Pietro had gone home +about half-past six in the evening and had found the street door shut +so that he could not open it, and he was obliged to knock. When +Signora Violante saw that no one about the house was going to open the +door, she herself went downstairs to do so, but the door was locked +with a key. And although she called Signor Guido and others who were +in the house, yet no one stirred to go and open it. Therefore Signor +Pietro went to sleep at the inn, and in the morning returned to see +Signora Violante and Signora Francesca Pompilia. It was likewise said +throughout Arezzo that when Signor Pietro complained at having been +locked out of the house by the Canon, and when both Signor Pietro and +Signora Violante reproached them bitterly about it, a new quarrel +arose among them, and because of it both the Signori Comparini were +driven out of the house. Signora Violante was received at the home of +Signor Doctor Borri, where she dined that evening and spent the night. +And Signor Pietro went to the inn to dine and sleep. + +When I heard that, I went to the house of Signor Borri to see Signora +Violante, but was not admitted. And the wife of Signor Borri told me +to go and tend to my own affairs. For she did not wish the +Franceschini, who lived opposite, to perceive that I had gone there to +see Signora Violante, as some disturbance might arise therefrom. Then +the next morning I went to the inn, where I had been told Signora +Violante had gone to find Signor Pietro, but I did not find either of +them, and was told by the host that they had gone out. So, not knowing +where to find them, I returned to the home of Signora Maddelena +Albergotti, where I was staying. And I heard afterwards that both +Signor Pietro and Signora Violante had returned to the Inn, where they +had breakfasted. Then by the interposition of the Governor of Arezzo +they were reconciled with the Franceschini, and they returned indeed +to the house of the latter. I heard also that the Franceschini +continued to maltreat and insult the said couple, as they had +continually done while I was in their service. Therefore they were +finally obliged to leave Arezzo and go back to Rome. + +All the abovesaid matters I know from having seen and heard the +ill-treatment, which the Franceschini inflicted upon the Comparini and +the insults which they offered them and Signora Francesca Pompilia; +and likewise from having heard them talked about publicly throughout +Arezzo, where it is known to every one and is notorious, and where +there is public talk and rumour about it. + + +_No. 2._--_Various attestations as to Francesca's recourse to the +Bishop and Governor because of the cruelty of her husband and +relatives._ + + _June 17, 1697._ + +To whomsoever it may concern: + +We, the undersigned, attest as true: That Signora Francesca Pompilia +Comparini, wife of Signor Guido Franceschini, has many and many a +time fled from home and hastened now to Monsignor the Bishop, and +again to the Governor, and also to the neighbours, because of the +continual scolding and ill-treatment which she has suffered at the +hands of Count Guido her husband, Signora Beatrice her mother-in-law, +and the Signor Canon Girolamo her brother-in-law. We know this from +having met her when she was fleeing as above, and from the public talk +and notoriety of it throughout the city of Arezzo. In pledge of which, +have we signed the present attestation with our own hands this +abovesaid day and year, etc. + + I, CANON ALESSANDRO TORTELLI, affirm the truth to be as + abovesaid, and in pledge thereto have signed with my own hand. + + I, MARCO ROMANO, affirm the truth to be as abovesaid, and in + pledge, etc., with my own hand. + + I, ANTONIO FRANCESCO ARCANGELI, affirm the truth to be as is + contained above, with my own hand. + + I, CAMMILLO LOMBARDI, affirm as is contained above, with my own + hand. + + I, FRANCESCO JACOPO CONTI of Bissignano, affirm as is contained + above, and in pledge, etc., with my own hand. + + I, URBANO ANTONIO ROMANO, a priest of Arezzo, and at present + Curate of the parish church of San Adriano, affirm the truth to + be as is contained above, and in pledge thereto have subscribed + with my own hand. + +Then follows the identification of the handwriting in due form, etc. + + +_Extract from a letter written by D. Tommaso Romani, uncle of Guido +Franceschini, to Pietro Comparini in Rome._ + +Most Illustrious Sir, my most Honoured Master: + +I can not do less, etc., departure, she has been little like the +Signora Francesca, etc.; she fled from home, and went into San +Antonio. And thither ran also Signor Guido, the Canon, and Beatrice, +etc., in order that she might come back, and in that belief the +Signora Francesca returned home, etc. Yesterday, Signora Francesca and +my sister were in the Duomo at sermon. At its close, while she was +going away and was near the gate of Monsignore, Francesca fled into +the Palace, which is very near by. This was about seven o'clock in the +evening, and there was a fine row in the Palace, etc. + + +_Extract from another letter written by Bartholomeo Albergotti, a +gentleman, to Pietro Comparini._ + +Most Illustrious Signor and most Cherished Master: + +At my return, etc., the Signora, his wife, has been melancholy, and +two evenings after your departure, she made a big disturbance, because +she did not wish to go and sleep with Signor Guido her husband, etc. +The day before Palm Sunday, the Signora went, etc., to preaching, +etc., and in leaving there, she rushed into the Palace of the Bishop, +etc. She took her station at the head of the stairs and stayed there +until half past six in the evening; and neither Signora Beatrice nor +Signor Guido were able to make her return home. Yet the Bishop did not +give her an audience, but his secretary hastened thither and urged +Signor Guido and Signora Beatrice not to scold the Signora his wife, +etc. And after quite enough of such disputes, they took her back home, +etc. + + +_No._ 3.--_Deposition of Francesca as to the letters asserted to have +been written by her to Abate Franceschini, and previously outlined by +her husband; recorded in the prosecution brought for her pretended +flight._ + + _March_ 21, 1697 [for May.] + +Francesca Comparini, when under oath, etc., when questioned whether +she had ever sent any letter to Abate Franceschini here in the City, +while she lived in Arezzo, replied: + +While I was in Arezzo I wrote at the instance of my husband, to my +brother-in-law Abate Franceschini here in Rome; but as I did not know +how to write, my husband formed the letters with a pencil and then he +made me trace it with a pen and ink it with my own hand. And he told +me that his brother had taken pleasure in receiving such a letter of +mine, written by myself. This happened two or three times. + +When questioned whether, if she should see one of the letters written +as is told above, and sent to the City to the same Abate Franceschini, +she would recognise it, etc. + +She replied: If your Honour would cause me to see one of the letters +written by me, as above, and sent to Abate Franceschini, I should +recognise it very well. + +And when at my command the letter was shown to her, about which there +was discussion in the prosecution, and which begins _Carissimo Cognato +sono con questa_, and ends, etc., _Arezzo_ 14 _Giugnio_ 1694, +_affetionatissima Serva, e Cognata Francesca Comparini ne +Franceschini_. + +She responded: I have seen and have examined carefully this letter +shown me by the order of your Honour, which begins _Carissimo Signor +Cognato sono con questa_, etc., and ends _Francesca Comparini, ne +Franceschini_, and having looked at it, I think, but cannot swear to +it as the truth, that this is one of the letters written by me to my +brother-in-law, Abate Franceschini, in conformity [to my husband's +wishes] as is said above. + + +_No_. 4.--_The tenor of the letter written as above to Abate +Franceschini._ + +Dearest Brother-in-law: + +I wish by this letter to pay my respects to you, and to thank you for +your efforts in placing me in this home, where, far removed from my +parents, I live now a tranquil life and enjoy perfect safety, not +having them around me. For they grieved me night and day with their +perverse commands, which were against the law, both human and divine: +that I should not love Signor Guido, my husband, and that I should +flee by night from his couch. At the same time they made me tell him +that I had no congeniality with him and that he was not my husband +because I have no children by him. They also caused me to run away +often to the Bishop without any reason whatever, and made me tell the +Bishop that I wished to be divorced from Signor Guido. And for the +purpose of stirring up great discord in the home, my mother told the +Bishop, and Signor Guido, and then the entire town, that the Canon my +brother-in-law had solicited me dishonourably, a thing that had never +been thought of by him. They urged me to continue these evil counsels, +which were far from right and far from the submission due to my +husband. And they left me at their departure their express command, by +my obligation to obey them, that I should kill my husband, give poison +to my brothers-in-law and my mother-in-law, burn the house and break +the vases and other things, in order that in the eyes of the world it +might not appear after their departure that it was they who had +counselled me to commit so many crimes. And finally at their +departure, they left me, as a parting command, that I should choose +for myself a young man to my taste, and with him should run away to +Rome, and many other matters, which I omit for blushing. Now that I +have not her at hand who stirred up my mind, I enjoy the quiet of +Paradise, and know that my parents were thus directing me to a +precipice, because of their own rage. Therefore, now that I see in +their true light these deeds proposed by the command of my parents, I +pray for pardon from God, from yourself, and from all the world. For I +wish to be a good Christian and a good wife to Signor Guido, who has +many times chidden me in a loving manner, saying that some day I would +thank him for the reproofs he gave me. And these evil counsels which +my parents have given, I have now made known, and I acknowledge myself + + Your most affectionate servant and sister, + FRANCESCA COMPARINI _ne_ FRANCESCHINI. + AREZZO, _June 14, 1694_. + + +Outside directed to Abate Paolo Franceschini, Rome. + + +[The deposition of Pompilia is translated pp. 90-95 in its completer +form as given in the Summary for the Defence. The only additional fact +in this version is the date of the affidavit, Monday, May 13, 1697. +She had been arrested at Castelnuovo, May 1.] + + +_No. 6_.--_Attestation of priests and other persons, worthy to be +accepted in all respects; who gave Francesca, assistance even till her +death; they speak of her honesty, and her declaration that she had +never violated her conjugal faith_. + +I, the undersigned, barefooted Augustinian priest, pledge my faith +that inasmuch as I was present, helping Signora Francesca Comparini +from the first instant of her pitiable case, even to the very end of +her life, I say and attest on my priestly oath, in the presence of the +God who must judge me, that to my own confusion I have discovered and +marvelled at an innocent and saintly conscience in that ever-blessed +child. During the four days she survived, when exhorted by me to +pardon her husband, she replied with tears in her eyes and with a +placid and compassionate voice: "May Jesus pardon him, as I have +already done with all my heart." But what is more to be wondered at is +that, although she suffered great pain, I never heard her speak an +offensive or impatient word, nor show the slightest outward vexation +either toward God or those near by. But ever submissive to the Divine +Will, she said: "May God have pity on me," in such a way, indeed, as +would have been incompatible with a soul that was not at one with God. +To such an union one does not attain in a moment, but rather by the +habit of years. + +I say further that I have always seen her self-restrained, and +especially during medical treatment. On these occasions, if her habit +of life had not been good, she would not have minded certain details +around her with a modesty well-noted and marvelled at by me; nor +otherwise could a young girl have been in the presence of so many men +with such modesty and calm as that in which the blessed child remained +while dying. And you may well believe what the Holy Spirit speaks by +the mouth of the Evangelist, in the words of St. Matthew, chapter 7: +"An evil tree cannot bring forth good fruit." Note that he says +"cannot," and not "does not"; that is, making it impossible to infer +the ability to do perfect deeds when oneself is imperfect and tainted +with vice. You should therefore say that this girl was all goodness +and modesty, since with all ease and all gladness she performed +virtuous and modest deeds even at the very end of her life. Moreover +she has died with strong love for God, with great composure, with all +the sacred sacraments of the Church, and with the admiration of all +bystanders, who blessed her as a saint. I do not say more lest I be +taxed with partiality. I know very well that God alone is the searcher +of hearts, but I also know that from the abundance of the heart the +mouth speaks; and that my great St. Augustine says: "As the life, so +its end." + +Therefore, having noted in that ever blessed child saintly words, +virtuous deeds, most modest acts, and the death of a soul in great +fear of God, for the relief of my conscience I am compelled to say, +and cannot do otherwise, that necessarily she has ever been a good, +modest, and honourable girl, etc. + +This tenth of January, 1698, + + I, Fra CELESTINO ANGELO of St. Anna, barefooted Augustinian, + affirm as I have said above, with my own hand. + + +_Another attestation as above._ + +We, the undersigned, being interrogated for the truth, have made full +and unquestioned statement on our oath, that we were present and +assisted at the last illness from which Francesca Pompilia, wife of +Guido Franceschini, died. She was often asked by her confessors and +other persons whether she had committed any offence against the said +Guido, her husband, whereby she might have given him occasion to +maltreat her in such a manner as to cause her death. And she always +responded that she had never committed any offence against him, but +had always lived with all chastity and modesty. And this we know from +having been present during the said suffering, and from having heard +all these questions and responses while we were giving her medical +treatment, or otherwise assisting, and from hearing her respond to +these questions, as above, during the four days while she was +suffering from her wounds, as we have seen and heard her; and we have +witnessed her dying the death of a saint. + +In pledge thereto we have signed this present attestation with our own +hands here in Rome this tenth of January, 1698. + + I, NICOLO CONSTANTIO, etc., who assisted at the treatment of the + said Francesca Pompilia during four days, attest as above, etc. + + I, Fra CELESTINO ANGELO of St. Anna, barefooted Augustinian, say + that I was present from the first instant of the case, even to + the end of her life, and was always ministering to her. She ever + said, "May God pardon him in heaven as I pardon him on earth; + but as for the matter they charge me with, and for which they + have slain me, I am utterly innocent." In proof whereof she said + that God should not pardon her that sin, because she had never + committed it. She died as an innocent martyr in the presence of + another priest, to the edification of all the bystanders, as I + have affirmed above with my own hand. + + I, PLACIDO SARDI, a priest, affirm with my own hand as the + abovesaid Father, Fra Celestino, has declared, having been + present as above. + + I, the MARQUIS NICOLO GREGORIO, affirm as above with my own + hand. + + I, the undersigned, affirm what is contained in the + abovewritten statement, as well as in the attestation of the + reverend Father Celestino of Jesu and Maria. I assisted the + abovesaid Signora Francesca Pompilia from the first, having + picked her up from the earth where she lay in utter weakness + because of her wounds. She had her head upon the legs of Signor + Pietro Comparini, who was already dead. She made confession in + my arms to the Principal of the Greek College, because she + could neither rise up nor lie down. And from that hour I never + left her, but always ministered to her even unto her death. She + was the most exemplary and edifying Christian I have ever seen. + For I saw her resigned to the divine will, and she always + relied upon her own innocence, etc. + + I, GIUSEPPE D'ANDILLO, with my own hand. + + I, the undersigned, attest and affirm what is contained in all + the said affidavits, from having assisted the said Francesca + Pompilia, etc. + + DIONYSIO GODYN, with my own hand. + + I, LUCA CORSI, affirm with my own hand as is contained in all + the said attestations, from having assisted day and night as + long as the malady of the former Francesca Pompilia continued, + and from having heard as above. + + I, GIOVANNI BATTISTA GUITENS, apothecary, who have assisted at + the treatment and care of the said Francesca Pompilia, affirm + with my own hand as is contained in all the above affidavits + and attestations, from having assisted continually throughout a + night and a day at the malady of the same. + + I, GIOVANNI BATTISTA MUCHA, the boy of the said Giovanni + Battista Guitens, apothecary, affirm with my own hand as is + contained above in the said attestation, from having assisted + with the former Francesca Pompilia. + +Full and unquestionable statement is given by me the here undersigned, +Abate Liberato Barberito, Doctor of Theology, that, as I was summoned +to assist at the death of the said Signora Francesca Comparini, I +often noticed, and especially during an entire night, that the +above-named defendant suffered the pains of her wounds with Christian +resignation, and condoned with superhuman generosity the offences of +the one who had caused her innocent death with so many wounds. I also +observed during the night the tenderness of the conscience of the +above-named. For she passed it in showing the unwavering feelings of +an heroic and Christian perfection. And this so much so that I can +attest that during the experience I have had, having been four years +Vicar in the Cure of Monsignor, the Bishop of Monopoli, of blessed +memory, I have never observed the dying with like sentiments. And this +is all the more so in an evil, caused so violently by another. +Therefore in pledge, etc. Rome, this tenth day of January 1698. + + I, ABATE DI LIBERATO BARBERITO, affirm as above, etc. + + + + + [File-title of Pamphlet 5.] + + + _By the Most Illustrious and Most + Reverend Lord Governor of the + City in Criminal Cases:_ + + _ROMAN MURDER-CASE._ + + _In behalf of the Fisc, against_ + Count Guido Franceschini + and his Associates_. + + _Memorial of fact and law of the Lord + Procurator General of the Fisc._. + + + _At Rome, in the type of the Reverend Apostolic Church, + 1698._ + + + + +ROMANA EXCIDII + +[PAMPHLET 5.] + + +Most Illustrious and Most Reverend Lord: + +The deplorable slaughter of the entire Comparini family, which +occurred in this dear city of ours on the second night of the current +month of January, and the shedding of their blood, cries out from +earth to God for vengeance upon the criminals. And in order that we +may fulfil the obligations of the office we are occupying, we have +paid down the price of toil to narrate here with faithful pen the +series of events. From this, my Lords Judges may readily see what laws +may be applicable for a decision as to this cause and for the +punishment of the delinquents for the same deed, etc., and so Barbosa +says in his axioms in jurisprudence, axiom 93, No. 1: "Just as from +the deed the law takes its rise, so from the deed the law dies." + +The series of facts, therefore, is as follows: Guido Franceschini of +the city of Arezzo, married Francesca Comparini, for whom, by Pietro +and Violante Comparini, there were promised as dowry, among other +matters, certain properties subject to a reversionary interest. For +they had brought this same Francesca up in their home as their own +daughter, and as such they married her. Then, as the aforesaid Pietro +and Violante had no other children, they left their home in the City +to go and live in the home of Franceschini at Arezzo. There, for some +time, they continued to live together in peace; but, as often happens +among friends and relatives, contentions and quarrellings arose. On +account of these, the aforesaid Pietro and Violante left that home and +the city of Arezzo, and went back to Rome. In the meantime, as the +flame of this enkindled hatred increased, a lawsuit was instituted as +to the dowry once promised, but now denied by Pietro, on the pretext +that Francesca was not indeed the daughter of the same Pietro and +Violante, but that, after a pretence of her birth had been made, she +had been received and brought up by them. And for this reason the said +Guido and Francesca could not hope for the inheritance of the +properties under the reversionary interest. But although Franceschini +gained a favourable judgment on this point, yet when appeal had been +made on behalf of Pietro Comparini, Francesca declared that she was +ill-treated in the home of her husband by himself, and therefore +desired to leave that home. Accordingly with the aid and companionship +of Canon Caponsacchi, a relative of the said Franceschini, as is +supposed, she ran away. But Franceschini had notice of his wife's +flight and, following her up, he overtook her at the tavern of +Castelnuovo. There he went to the governor of that place and saw to +effecting the capture of his wife and the Canon, as indeed followed. +Then the quarrel was continued. A criminal suit was brought in this +Tribunal of the Governor of the City; the process of action was +arranged, and the counsel on both sides was often heard, both by word +of mouth and in writing. At last it was decided that owing to lack of +proof of adultery the said Canon should be banished to Civita Vecchia +and Francesca should be held in safekeeping. But because the Comparini +claimed that the furnishing of food in the safekeeping was the duty of +Franceschini, and the latter declared it lay with Comparini, the most +Illustrious Lord Governor, having first secured the consent of Abate +Paolo, the brother of Guido and his representative in the case, +assigned the home of the Comparini to Francesca as a safe and secure +prison under security. + +While these contests were still pending, both in the civil and +criminal cases, as well as in that for divorce brought by Francesca, +the wife, this same Franceschini schemed to take vengeance upon the +abovesaid. For the execution of this criminal purpose he brought +together Domenico Gambassini of Florence, Alessandro Baldeschi of the +region of Castello, Francesco Pasquini Antonii of the Marquisate of +Monte Acuto, and Blasio Agostinelli of the town of Popolo, and +dwelling at the Villa Quarata. He provided them with swords and +dagger, prohibited by the Bull of Alexander VIII., and entered the +City in company with the aforesaid men. Approaching the home of the +Comparini, at the first hour of the night, he secured the opening of +the door to himself under the pretence of bringing a letter, sent to +Violante by the said Canon Caponsacchi, then staying at Civita +Vecchia. As soon as the door of the home was opened by the said +Violante, the aforesaid Guido and his companions immediately set upon +her. She was cut to pieces with their swords and immediately fell +dead. Pietro likewise was cut down and died. Francesca, however, tried +to hide under a bed, but was found and wounded in many places. Then, +as if God granted her the favour, she was not left utterly dead, +though after a few days she also passed away; and thus she could +reveal this monstrous crime. As soon as my Lord Governor had notice of +this, with most vigilant attention, he saw that the malefactors were +pursued beyond the City. Accordingly that same night, they were +discovered in the tavern at Merluccia with firearms and illegal +swords, still bloody, and were taken back to prison. Then, when a case +had been made against them, they were examined as to the crime. Some +of them indeed confessed it, and although the others made denial of +the management and knowledge of the killing of the entire family, yet +against them there are most urgent presumptions of the knowledge and +management abovesaid. Furthermore, from the same prosecution the +gravest proofs have resulted, such as can be but slightly attacked and +controverted by the Defence. + +Hence, when this cause may be presented to receive judgment, we +believe that no foundation can afford defence for the criminals to +escape the capital penalty, so far as they have confessed their crime, +or can release those who have denied it from the rigorous torture of +the vigil. For what if the Defence do strongly argue the question as +to whether a husband who kills an adulterous wife, not immediately and +when found in adultery, but after an interval, ought to be excused +from the ordinary penalty of the _Lex Cornelia de Sicariis_? Some +authorities indeed give an affirmative opinion for the excuse of the +husband, as is to be seen in Giurba. [Citations.] Yet all of these +authorities for mitigating the penalty upon a husband who kills his +wife after an interval are moved by this reason: That since the sense +of injured honour always oppresses the heart, it is difficult to +restrain just resentment; for this reason the defence of the honour is +said to be immediate when done as quickly as possible. + +But there are indeed many other authorities who stand by the negative, +asserting that a husband who kills his wife, otherwise than when taken +in adultery and in acts of passion, should be punished with the +ordinary penalty. [Citations.] Rainaldi [Citation] says this opinion +is the truer and the more advantageous to the state, nor should one +depart from it in giving judgment. Sanzio says that it was often +adjudged in this Senate that a husband was not excused by adultery +legitimately proved, if he killed his wife after an interval; and for +this reason, because formerly, according to the law of Romulus, a +husband could kill his wife, but the _Lex Julia_ permitted him to kill +only the vile adulterer, as Matthæus proves. [Citation.] + +But in this our present show of fact we believe we are dealing with a +matter outside of the difficulty of this proposed question. For the +authorities cited above for the contrary opinion hold good, and should +be understood to do so, whenever the contention is about a husband who +has killed his wife without excess of law and with no concurring +circumstances and aggravating qualities, and when moved only by just +grievance. But it is otherwise when, as in our case, excess and +contempt of law is present and aggravating circumstances and qualities +concur. Laurentius Matthæus [Citation] testifies that, according to +common practice, such a distinction has been followed out. And after +he had affirmed that a husband should be excused from the ordinary +penalty and be punished more mildly, he adds: "For these reasons, it +is the common practice to weigh the effect of the grievance and to +punish only the excess; so that if the suspicion of guile in the +manner of killing is present (as he considers any circumstance which +tends toward treachery) the penalty is aggravated." + +The aggravating circumstances which concur in our case are indeed +many, and they are so grave that any one of them is enough reason for +imposing the death penalty or for qualifying the crime. + +The first of these is the assembling of armed men; for according to +decrees of the Governor of this City, the penalty of death and of the +confiscation of goods is inflicted upon the one assembling the men; +and this is true even if those assembled are but four, as is read in +chapter 82 of the same Banns. This circumstance and quality cannot be +evaded on the authority of certain jurists who assert that it is +permissible for a husband to kill his wife, even by means of men thus +brought together. For the said authorities speak, and should be +understood, in a case in which a husband may kill with impunity an +adulterer and his own wife in the very act of adultery, or in the home +of the husband. But it is otherwise if she is killed after an +interval, or outside of the home of her husband; according to what is +given. [Citation.] Or these matters might hold good if in no other way +he could kill the adulterer and his wife. So think all authorities who +can be adduced in favour of the husband. This cannot be said in our +case since Franceschini, while following his wife with firearms, could +have taken vengeance at the inn of Castelnuovo. But he had recourse to +the judge, and chose the legal way of punishing his wife and the Canon +with whom she fled. Or these claims would hold good if he had +assembled a smaller number of men, whereby the crime of conventicle +would not have been established. And this is the more strongly to be +held because we are not concerned with a deed that is unpunishable, +and permissible by law, as I have said. + +Nor do we believe that the Defence can make a claim that the husband +may kill an adulterous wife after an interval with impunity; for all +the authorities who can be adduced in favour of the husband free him +indeed from the ordinary penalty, but not from an extraordinary +penalty, as those adduced by us above in § _Hinc cum Causa_ can be +seen to hold. If therefore, in our case, the husband committed a crime +punishable in itself, how could he assemble a number of men forming a +conventicle prohibited by the Banns, without incurring the penalty +threatened by them? + +The second quality and circumstance is the carrying of arms contrary +to the specification of the Constitution of Alexander VIII., which is +extended to the whole Ecclesiastical State. Still less can the +authority of jurists be alleged in excuse from this threatened +penalty, if the husband kill an adulterer and the wife with prohibited +arms. For aside from the response given by us in the explanation of +the first circumstance of assembling and of conventicle (namely that +these authorities hold good and should be understood to apply only in +cases permitted by law, and therefore unpunishable), we say still +further that they have very little application as regards the arms we +are discussing; since the said Constitution prohibits not merely the +carrying of such arms, but even their retention, manufacture, or +introduction into the City and the Ecclesiastical State, under the +penalty of rebellion and criminal insult to the majesty of the law. +And so far as we are acquainted with such cases as are permitted by +law, the authority of these jurists should be understood to hold good +concerning arms, the carrying of which is indeed prohibited, but not +the retention and introduction under any pretext whatsoever, even the +pretext of justice; as is included in this same Constitution § 1, +where we read: "Or to carry them on any pretext whatever, whether of +military service or of the execution of justice, and still less to +keep them in one's home or elsewhere." And in § _Ad haec_ it prohibits +even the introduction of them: "the retention of them at home, in +storehouses, and elsewhere, their introduction into the Ecclesiastical +State, and their manufacture." + +If therefore the retention and introduction of such arms is +prohibited, even when on the pretext of executing justice, ridiculous +indeed would be Franceschini's pretence that he could approach the +City and the home of his wife with such arms to vindicate after an +interval this pretended offence of honour. This is the more certain as +the crime concerning such arms is grave and of itself is punished with +the capital penalty, as we have proved. In this case, when the crime +actually follows, if the penalty for carrying the arms is greater than +for the crime itself, the penalty for the graver offence is held to +apply, and includes the lighter. [Citations.] + +The third circumstance is that Franceschini and the aforesaid men +committed the murders in the very home and dwelling-place of the +Comparini; because homicide is always said to be qualified when it is +committed in the home of the one slain; since the home should be a +safe refuge for its master, etc. Then also Franceschini entered with +changed garb; in which case the murder is said to be committed _ex +insidiis_. [Citations.] + +The fourth quality and circumstance is that the said Francesca was +under the power of the judge, since the home, as we have said in our +narrative of fact, was assigned to her under bond to keep it as a safe +and secure prison. And hence she was under the protection of the +court. [Citations.] And this is especially true when arguing in favour +of the one who is under protection of the court, whatever may be said +when arguing to his prejudice. And therefore the law holds that one +under the protection of the court cannot be killed under less penalty +than the death [of the assassin]. [Citations.] + +But all debate seems to cease since it is proven in the process that +the said Franceschini approached the said home with his company of men +with the thought and intent to kill not merely Francesca, his wife, +but also Pietro and Violante. These, as he himself acknowledges, he +hated with a deadly hatred, because of the suit they had brought and +because they had urged Francesca to poison her husband and her +brother-in-law, and had kept his wife in their home so that still +further, in the continuation of the adultery, his honour was offended. +But aside from this, as we have said above, Francesca was placed in +the said home by the authority of the judge with the consent of the +brother of this same husband, and so the question does not enter as to +whether a husband may lawfully kill the relatives, friends, and +servants of his adulterous wife, even if he does suspect them of +affording their leave or assent to the wife committing adultery; since +the special rights and privileges conceded to the husband should not +be multiplied against the wife, and be given greater scope, but +rather should be strictly interpreted. [Citation.] This holds good not +merely when one is arguing about the prejudice of a third party, but +concerning one's sole prejudice. [Citation.] In our very circumstances +we read that the permission cannot be passed from person to person. +[Citation.] Yet we can more truly declare that such an assertion of +adultery on the part of Franceschini is calumniously false; for, in +the very face of death, Francesca protested, to the very damnation of +her soul, that she had given no offence to her husband's honour. This +protestation is the more to be believed since those about to die are +not presumed to be unmindful of their eternal salvation. [Citation.] + +The other causes adduced by Franceschini himself, so far as they are +true, can indeed prove hatred and enmity existing between himself and +the couple, which would tend in that direction and so would serve to +prove in him a cause for their premeditated murder. But this is not +sufficient to excuse him from the ordinary penalty of death, which +premeditated homicide altogether demands. [Citations.] And it is for +this reason, because the laws prohibit private vengeance (that is, +vengeance which those without public office usurp to themselves +because of their hatred, by killing or otherwise injuring men). +[Citations.] Raynaldus affirms that in premeditated murder the +ordinary penalty is inflicted not merely upon the slayer himself, but +also upon all others who aid and give help, or concur in committing +the murder by their help or council. [Citations.] + + FRANCESCO GAMBI, + _Procurator General of the Fisc and of the + Reverend Apostolic Chamber_. + + + + + [File-title of Pamphlet 6.] + + + _By the Most Illustrious and Most + + Reverend Lord Governor in + + Criminal Cases: + + ROMAN MURDER-CASE, + + with qualifying circumstance._ + + _For the Fisc, against + Count Guido Franceschini and his Associates._ + + _Memorial of the law in the case by + the Advocate of the Fisc._ + + + _At Rome, in the type of the Reverend Apostolic Chamber_, + 1698. + + + + +ROMANA HOMICIDII CUM QUALITATE + +[PAMPHLET 6.] + + +Most Illustrious and most Reverend Lord Governor: + +Since the chief defence of Count Franceschini, the Accused, as we have +heard, consists in the pretended plea of injured honour, by which he +was moved to crime, it is the office of the Fisc to disclose the lack +of foundation for this plea, in order that this atrocious and enormous +crime may be punished with the due penalty. + +Therefore I assume that we ought to examine the foundations on which +the asserted plea of injured honour may rest; namely the flight of the +unfortunate wife from the home of her husband in company with Canon +Caponsacchi, with whom she was taken at the inn of Castelnuovo, and +the pretended love-letters which were put forward in the prosecution +of Pompilia for the said flight and departure. The pretended +dishonesty of the wife is drawn from these two; but along with them +other proofs were brought together in the said prosecution; the +latter, however, are either altogether stupid or equivocal, or else +unproven. This may be inferred from the dismission of the said +Francesca, his wife, merely with the precaution of keeping her home as +a prison and of the Canon with a three years' banishment to Civita +Vecchia. Such action shows that in this same prosecution there was +found by the Fisc no legitimate proof of dishonesty and of the +pretended violation of conjugal faith, which the husband had charged +against her. + +And indeed, from the defences then made and even from the trial +itself, a very just cause has clearly appeared, which forced the +luckless girl to flee from the home of her husband and to go back to +her own home, there to live safely and quietly with her parents. +Notorious indeed are the altercations which, on account of the +parsimony of the Franceschini home, straightway arose between the +parents of the wretched girl on the one hand, and the Accused, his +mother, and his brothers on the other hand. The former in vain +bewailed the fact that they had been deceived by the show of no small +opulence, on account of the false statement of an annual income of +1700 scudi, which was afterward shown to have no existence. Indeed, +while they stayed in the home of the accused husband in Arezzo, they +were so badly treated by himself and his relatives that after a few +months they were obliged to leave it and return to the City. During +the whole time they lived there, contentions and reproaches throve +continually among them. The Comparini were indeed excited with just +indignation by the deception they had suffered. This is evident from +the letters of Abate Paolo Franceschini, which presuppose these +troubles and which were considered for the Defence by the Procurator +of the Poor. These prove that hostility of mind had even then been +conceived against the unfortunate parents, especially the one written +March 6, where we read: "I write again to you that I do not wish to +imitate him in his manner of writing, not being of his mind to sow +broadcast in letters such words as would merit response by deeds and +not by words. And these are so offensive that I have kept them for his +reproof and mortification." And further on he says: "So that if you +give us trouble, which I will never believe, you yourself will not be +exempt therefrom." But sufficient proof results from the letters, as +the following advise. [Citations.] + +And although these letters do not make clear the nature of their +altercations, yet some of them more than prove the reproaches had so +increased that their bitterness grew into hatred as is evident from +the letter of February 12, 1694, where we read: "But hearing from the +one side or other that the bitterness between them, not to say the +hatred, is increasing." It would be all too easy for the Accused and +the Abate, his brother, to prove, by showing letters written to him, +that the reproaches were unjust and were occasioned by the Comparini +themselves. This is apparent from the tenor of the said letter, where +we read: "Because I feel that the enemy of God has put strife among +them, it is improper that I should fulfil my duty toward you of a +reply." But since the Franceschini did not show such letters, the +presumptive truth of these same complaints and of this cause of +complaint and altercation is strongly against the ones thus concealing +them. In such circumstances the Roman court thus affirmed. +[Citations.] + +But the truth of the charge of ill-treatment toward the parents, whom +he was obliged by the dowry contract to provide with food, is also to +be drawn from the deposition of a servant, as given in the Summary, +No. 1. And since this would excite the pity of any who read, it +becomes all the clearer that, by such very ill-treatment of her +parents, the mind of the wretched wife was greatly exasperated; for +she kept grieving in vain at seeing them thus troubled; yes, and she +was even prohibited from grieving. + +And any one may know that the return of her parents to the City would +indeed disturb with a considerable and very just grief this wretched +child who was not more than fifteen years old. For she was destitute +of all aid, and was left exposed to her husband's severity, because of +which she daily feared that she was in peril of her life. In vain did +she have recourse to the Reverend Bishop and to the Governor, Summary, +No. 2. In vain was the interposition of certain noblemen tried; which +had proved utterly useless, as is evident from the letter of March 6, +where we read: "But what remedy can I give you, when so many gentlemen +friendly to both parties have interfered to settle the troubles and it +has not turned out well?" She might indeed think that no other remedy +was left her than to flee from the abode of her husband and to seek +again her father's home. As therefore she fled to escape deadly peril, +her flight can afford no proof of dishonesty nor of the violation of +conjugal faith; for it is attributable to a lawful rather than to a +criminal cause. [Citations.] + +But there was another urgent cause for her eagerly desiring to seek +her father's hearth, namely the ill-health of her father. She speaks +of this in the letter which mentioned that she cannot look for the +company of Gregorio Guillichini, and that this task had to be remitted +to the Canon [Caponsacchi]. Hence we can well infer that she was +arranging for the flight for legitimate reasons. + +No reliance whatever can be placed in the letter written by this same +wife to Abate Franceschini. In that she thanks him for having joined +her in marriage with the Accused, his brother. And she also +acknowledges therein that, since the departure of her parents, she was +living a life of utter tranquillity; because their evil persuasion, +which was alienating her from her husband, had ceased. She also +reveals a very base plan that had been proposed to her, namely, to +destroy the entire household. Now the wife in her sworn statement +frankly confesses that she wrote this letter to appease her husband, +and that he had marked the characters, which she had afterwards traced +with a pen. This statement is found in an extract from her sworn +testimony as given in our Summary, No. 3. And a mere reading of the +said letter so thrills one with horror that it is incredible that the +luckless girl could have written such matters to the injury and +detraction of her own parents, unless she had been compelled thereto +by fear of her husband. For this reason the same letter is given in +our Summary, No. 4. + +But even just ground of fear, because of which the luckless girl was +moved to flee, has come to light, namely, the lawsuit brought by her +father against the Accused for the nullification of the dowry +contract. This contract had been made on false grounds; for Pietro had +believed that he was promising the dowry to his own daughter, but +then, from a confession made by the mother, he had found out that she +was none such and that Violante had made pretence of giving birth to +the child for the purpose of deceiving her husband and barring his +creditors. Since Pietro had assigned all his property as dowry (and +indeed it was of considerable value when we consider the quality of +the persons concerned) he soon raised a dispute about it. And we may +well fear that very grave and even deadly hatred arose therefrom. +Thereby the conjugal peace, which had been disturbed by long-continued +altercation, was utterly destroyed by recrudescent hatred. For a +lawsuit as to a considerable amount of money, much more as to an +entire property, would produce this effect, as daily experience well +teaches us and as Grammaticus and others assert. [Citations.] + +Such just fear should be well considered by a prudent judge, who will +take into account the circumstance of the persons and of the time. +[Citation.] In our case it may be absolutely affirmed that these +matters should be so considered, inasmuch as not merely a girl of +tender age (as was the unfortunate wife, who was destitute of all aid +and exposed to the severity of the husband, who had sought her life +with a pistol and had threatened her with death on trivial +suspicions), but even a woman of greatest fortitude would be unable to +bear being exposed to such constant risk of her life and would see the +necessity of taking care of herself. And whatever the cause, even if +it were merely supposititious, it would be enough to excuse her +according to the text. [Citations.] And Canon Rainaldi holds, that it +is enough if one see the signs or acts of manifest desire, or +preparations thereto. How much more excusable and how worthy of pity +should Francesca be considered, since she had such an urgent and such +a well-verified cause for fleeing? Mogolon holds that the mere sight +of arms, even though the one having them does not use them nor +unsheathe them, is just cause for fear. + +Nor can presumption of dishonour and of violated conjugal faith arise +from the company of Canon Caponsacchi, with whom she fled, and for +which flight he was condemned to three years' banishment in Civita +Vecchia. For the luckless girl was destitute of all aid, and the +demands of her age, of her sex, and of her station in life, did not +admit of her undertaking so perilous a journey either alone, or in +company with any baseborn woman. For then, in escaping dangers at +home, she might incautiously expose herself to even graver perils; as +might have happened if while alone she had been overtaken by her +husband in the journey. Nor could she find any safer companion than +this very Canon, who was bound by friendship to the Canon Conti. And +the latter, who was a familiar friend and blood-relative of the +Accused, although he had great pity upon her condition, judged it +safer for her to flee with Caponsacchi, whom he believed to be apt and +far-seeing to bring about the desired end. Otherwise she would have +undertaken this flight with even greater risk. Therefore this +necessary and prudent choice of the lesser evil excludes all suspicion +of pretended dishonour. [Citations.] + +This suspicion is also excluded by the manner in which the flight was +put into effect, namely in hurrying to the City by the direct route +and with the greatest possible speed. For if the unfortunate girl had +fled for the purpose of satisfying her lust with the same lover, the +Canon Caponsacchi (as was charged elsewhere and as is repeated now +even more bitterly to prove the plea of injured honour), she would +either have delayed somewhere out of the public highways, where she +could not be seized by the Accused, or she would not have approached +the City with such great speed. She would have done neither of these, +unless she were making the journey for the purpose of seeking again +her father's hearth, where she hoped to find security for her life and +her honour. It would be far too imprudent a plan for a lover to take a +wife from the home of her husband to some other place where he could +not possibly satisfy his lust. This improbability alone would be +enough to prove the truth of the cause given by the wife in her +affidavit--namely, that she had fled to avoid the deadly peril in +which she feared she was placed, and that she might return to her +father's hearth. The Canon also gave her his aid and companionship out +of mere pity, and her honour was kept entirely untouched. The +probabilities are always to be very much observed in arguing about a +crime, or in excluding it, as the following hold. [Citations.] + +Still less firmly established is the other ground for the asserted +plea of injured honour, which has been offered elsewhere by the +Accused on the basis of the asserted love-letters. These letters, it +was pretended, had been written in part by that most wretched girl to +the Canon, and in part by the Canon himself. All these, it was +claimed, had been found in the privy of the inn at Castelnuovo, where +they were said to have been cast for the purpose of hiding them. +Response was indeed then given by the Procurator of the Poor that the +identity of the handwriting was unproved and uncertain; for the +letters did not show to whom they were directed. And these responses +were indeed admitted, since no punishment was inflicted upon +Francesca, and she was simply dismissed with the precaution of keeping +her home as a prison. And even though these letters, when we +investigate their hearing, seem to give proof of excessive goodwill, +yet Francesca could have made pretence of this for the purpose of +winning over the Canon, who was reluctant (as she herself acknowledges +in her affidavit), to afford her aid by giving her his company back to +the City in the execution of her premeditated flight. It is indeed +quite evident that the letters were prepared for this purpose. +(Summary, No. 5.) And therefore this wretched girl, who was destitute +of all aid and was placed in imminent risk of her life, should be +judged worthy of all pity, if with gentle and even with loving words +she tried to entice the Canon, whom she believed was well suited to +afford her aid. Nor can stronger proof of violated modesty be drawn +from these letters written for the purpose of the flight than from the +flight itself. Nor is it a new thing for the most chaste of women to +use similar arts sometimes for quite permissible ends. In the sacred +Scriptures we read that Judith did so to deceive Holofernes, for the +purpose of freeing her country. This luckless girl could therefore do +so without any mark of dishonour, for the purpose of escaping deadly +peril. + +We may speak still further of her confidence in her own continence as +well as in the integrity of the Canon. Concerning this, a certain +witness, examined by the Fisc in the said prosecution at the instance +of Count Guido, who was then present, testifies to hearing from +Gregorio Guillichini (likewise a relative of the Accused) as follows: +"Signor Gregorio then added that the Signor Canon was going there for +a good reason, and that therefore Signora Francesca had desired to go +to Rome. And he told me also that no ill could arise from it, because +there was not the slightest sin between them." The deposition of this +witness, which is directly contrary to the party who had brought her +into court, fully proves our point as the following hold. [Citations.] +And therefore, since the luckless girl can be suspected of no evil +from her association with Canon Caponsacchi, and since she had no +other help more suitable for carrying out her plan, her dealings with +him by letter ought to be excused as ordered to this end, even though +we may read certain loving expressions in them. The latter, indeed, +should be considered rather as courtesies adapted to winning his +goodwill, and they should always be interpreted according to the +thought of the one proffering them. [Citations.] + +Still further, there is added the participation of the Canon Conti, a +nobleman and a relative of the Accused, who forwarded the attempt. It +is incredible that he would have been willing to plot against the +honour of Guido, but he would merely wish to snatch that wretched girl +from imminent death because of his pity of her. And such participation +is made clearly evident from the very letters which it is pretended +were written by Caponsacchi. + +Of lighter weight still are the other proofs of pretended dishonesty; +[first] the approach of the Canon to the home of the Accused at night +time, for the purpose of speaking with the wife who was slain; +[secondly] the kissing on the journey to Rome, concerning which +Francesco Giovanni Rossi, driver of the carriage (commonly called +calesse) bears witness; and [third] the pretended sleeping together in +the same bed at the inn of Castelnuovo. As regards the first of these +three, there is defect of proof; for it rests upon the word of a +single witness only, Maria Margherita Contenti, and she endures the +most relevant exception of being a public harlot, and so she alone can +prove nothing. [Citations.] And since such approaching of the house +was ordered to the permissible end of removing the wretched girl from +the imminent peril of death, by taking her back to her father's house, +it cannot be brought as a proof of illicit commerce. For the mere +possibility that it was done for this purpose is enough to oblige us +to take it in good part, according to the text. [Citations.] + +This is especially so since the very witness who swears to this +approach of the home states, by hearsay from the said Gregorio +Guillichini, that it was to a good end, and that no sin was taking +place between the Canon and the wife who is now slain. And, as +Guillichini was better informed, and was indeed a friend and, as I +understand, a relative of the Accused, this excludes all suspicion to +the contrary. With this testimony another deposition seems to agree, +namely, that of the Canon Franceschini, brother of the Accused, who +when questioned as to whether he knew if any intimacy had existed +between Canon Caponsacchi and Francesca, replied: "This we never knew +of beforehand; but after the criminal flight the whole town said that +there must surely have passed some correspondence between them." His +ignorance quite excludes and renders improbable any furtive and +illicit approach to the home by the Canon Caponsacchi. For if the +Accused had indeed threatened to kill his wife on account of unjust +suspicion of Caponsacchi, we may well believe that Guido himself, his +brother, and all the household would have kept guard for her safe +keeping with all their might. And so, the said approach to the home, +if it had been frequent (as is alleged), or if it had been for an ill +end, would have been observed by them. + +[Secondly] under this same defect of proof lies the pretended kissing +of each other on the journey. As to this matter only a single witness +testifies, whose excessive animus is shown by his assertion, for he +asserts that he saw this at night; nor does he give any reason for his +seeing it, such as that the moon was shining, or that he could see +because some artificial light was dispelling the gloom. As no such +reason is given, he deserves no credence, as the following observe. +[Citations.] Another very great improbability is added thereto--namely, +that while he was driving the carriage with such velocity that it +rather seemed to fly than advance swiftly, he could not have looked +back to see such mutual kissing. This improbability likewise takes +away from him all right to belief, according to what the following +hold. [Citations.] + +But the assertion of that most wretched girl herself is also well +suited to exclude all suspicion of her pretended unchastity. This was +made by her after she had suffered many severe wounds in the very face +of death itself, at the demand of the priests and other persons +ministering to her. For, according to their attestation, she asserted +that she had never sinned against her conjugal faith and had always +conducted herself with all chastity and shame: "We were present and +assisted at the last illness from which Francesca Pompilia, wife of +Guido Franceschini, died. She was often asked by her confessors and +other persons whether she had committed any offence against the said +Guido, her husband, whereby she might have given him occasion to +maltreat her in such a manner as to cause her death. And she always +responded that she had never committed any offence, but had always +lived with all chastity and modesty." And Fra Celestino Angelo of St. +Anna, of the order of barefooted Augustinians, in his testimony, bears +even more exact witness to this constant assertion of her innocence, +where he writes: "She always said, 'May God pardon him in heaven, as +I pardon him on earth, but as for the sin for which they have slain +me, I am utterly innocent': in proof whereof she said that God should +not pardon her that sin, because she had never committed it." An +assertion like this, indeed, given in the very face of death, deserves +all credence, since no one is believed to lie at such a time, as the +following assert. [Citations.] Menocchius speaks in these very +circumstances of one suspected of heresy, saying that such suspicion +is removed if in the hour of death the accused say and protest that he +had lived and wished to die and to trust according to what is pleasing +to the Sacred Roman Church, etc. [Citation.] And Decianus cites the +opinion of Albericus, who declares that by means of an assertion of +this kind, made before the Cardinals, the memory of Pope Boniface had +been defended, and that this very Albericus had in this way defended +Gian Galeazzo Visconti of Milan. + +And this is more especially true since all the said witnesses agree +that this most wretched girl died with the highest edification of the +bystanders, and that she had always shown the deeds of Christian +perfection, as we find in the said attestations, where we read: "And +from having seen her die the death of a saint." And there is another +statement of the said Father Celestino Angelo, which infers the +innocence of her past life from her conduct just before death. All +these matters are given in our Summary, No. 6. + +But, however rightly the Accused might draw some suspicion of his +wife's dishonesty from her flight and from these letters, the tenor of +which seems to prove them love-letters (which suspicion could excite +due anger), yet this would not make excusable such truculent +vengeance, taken after so great an interval. For this vengeance was +taken, not merely upon his most wretched wife, but also upon her +parents, who were entirely off their guard and quite undeserving of +such a fate. And these murders were attended with such grave +circumstances, aggravating the crime, that he would have to be +punished with death even if he had not confessed the murders. For +although just anger because of violated conjugal faith usually +moderates the penalty for a husband killing his adulterous wife, yet +one can no longer argue for total impunity after an opportunity to +take vengeance on the adulterer and adulteress has been thrown away. +[Citations.] + +But an especial and indispensable requisite is that the wife be taken +in adultery, according to the text. [Citation.] "For thus it wishes +this power to lie with the father, if he take his daughter in her +very sin." Labeo also approves this, and Pomponius writes that she may +be killed when taken in very licentiousness, and this is what Solon +and Draco say. [Citations.] Much more does this hold good in the case +of a husband, whose wrath may be kindled much more easily against a +wife by sinister and unjust suspicion conceived about her. For the +husband is not always accustomed to take good counsel for the wife, +which the law presumes that the father does by natural instinct, etc.; +and it excuses the father only when he kills his daughter along with +her defiler, or inflicts wounds unhesitatingly upon her. + +And this is so true that it is not enough if the wife be found only in +acts that are remote from, or merely preparatory to adultery, as +authorities commonly affirm. [Citations.] John Teitops holds thus, and +I think it well to quote his words, since the Judges may not have him +at hand, and he thus explains the words of the said text: "Therefore +they argue that acts preparatory to adultery do not suffice, but the +obscene commingling of limbs is required." And after citing his +authorities, he adds: "And this is more clearly evident from the words +of Solon as given by Lucian, the Eunuch," where we read: "Unless they +lie who say that he was taken in adultery." And then he criticises the +opinion of Accursius, who asserts that acts preparatory for adultery +are enough. And in the second paragraph after this decision is given +he asserts that his opinion should be understood to be concerning +immediate preparations, and he so explains his decision, where he +says: "From the taking of the adulterer alone and naked with her alone +and naked, and lying in the same bed, violent and certain suspicion of +adultery arises, wherefrom the sentence of divorce may be granted." + +But the laws adduced (at letters I & J) show that strong suspicion +does not indeed suffice. For this sort of discovery is the true taking +in the act of adultery. And from a civil case under the said letter, +one argues weakly for proof in a criminal cause. For no one can be +condemned, much less killed, on suspicions alone in the absence of +law. And violent suspicion is not indubitable ground for proof, such +as is required in criminal cases. But indeed such suspicion is +fallacious, because persons might be found to act thus for the purpose +of committing adultery, and yet not actually to have committed the +adultery, as Gravetta and others say. + +The Accused might indeed have contended merely for the tempering of +the penalty if he had killed his fugitive wife in the act of taking +her at the inn of Castelnuovo in company with Canon Caponsacchi. But +when he neglected to take vengeance with his own hand and preferred to +take it by law, he could not then kill her after an interval. This is +according to the text [Citation], which affirms that one can put off +the vengeance from day to day. [Citations.] Farinacci asserts that it +was so held in practice, lest men should be given the opportunity of +avenging their own wrongs. And he confutes Bertazzolus, who places on +the same footing a case of taking in adultery, and says that the wife +may be convicted of it provided that there be no doubt of it. Nor may +the suspicion of the husband, which gave a strong ground for the +difference, be unjust or too ready. Because just grievance, exciting a +wrath which usually disturbs the mind of the husband, is verified by +the actual taking of the wife in adultery, or in acts very near to it +and not after an interval, although his suspicion may be very strong. +And so the laws which excuse a husband because of just and sudden +anger cannot be extended to cover vengeance taken after an interval. +For in the latter case neither the impetuosity nor the suddenness of +the anger is proved, but the murder is said to be committed in cold +blood. But if for the purpose of restraining the impetus of raging +anger, lest the husband take vengeance on his own authority, he is not +excused from the penalty of the _Lex Cornelia de Sicariis_, provided +he kill his wife after an interval, how much less excusable will he be +if, after choosing the way of public vengeance by imprisoning his wife +and her pretended lover, he shall, after a long intervening time, +slaughter her and her parents so brutally? + +It should be added, for increasing his penalty, that as regards the +unfortunate parents there was no just cause for killing them unless he +wishes to consider as such the lawsuit which they brought for the +nullification of the dowry contract because of the detection of her +pretended birth. But this cause rather increases the offence to the +most atrocious crime of _læsa majestas_, because of the utter security +which the Pontifical Majesty wishes to afford to all litigants in the +City. This point is found in the well-known decree of Alexander VI. +where we read: "The inhumanity and savagery which thirsts for the +death of others is horrible and detestable," and in the end we read: +"In offence of the jurisdiction of his Divine Majesty, and to the +injury of the Apostolic Authority." And, "They incur _ipso facto_ the +sentence of the crime of _læsa majestas_." And a little later: "And +they may always be distrusted in all their good deeds by every one, +and may be held as banditti and as infamous and unfit." + +Very worthy of consideration, also, is that other aggravation of this +inhuman slaughter, namely, that it was committed in their own home, +which ought to be for each person the safest of refuges, according to +the text. [Citations.] And Cicero elegantly says: "What is more +sacred, what is more guarded by all religious feeling, than the home +of each of our Citizens! Here are our altars, here are our hearths, +here are our household gods, and here the sacred ceremonies of our +religion are contained. This refuge is so sacred to all that it would +be base for any one to be snatched hence." Much more is this true as +regards the wretched wife, who was held in that place as a prison, +with the approval also of the Abate Franceschini. And hence the public +safekeeping may be said to be violated thereby, and the majesty of the +Prince wounded, since the same reasoning is observed as regards a true +and formal prison, and a prison assigned by the Prince, as the +following assert. [Citations.] + +Finally, we should also consider the aggravation of "prohibited arms," +with which the crime was committed. This of itself demands the death +penalty, even though the principal crime should otherwise be punished +more mildly, as Sanfelicius advises, stating that it was so adjudged. +[Citation.] + + GIOVANNI BATTISTA BOTTINI, + _Advocate of the Fisc and of the Apostolic Chamber._ + + + + + [File-title of Pamphlet 7.] + + + _By the Most Illustrious and Most + + Reverend Lord Governor of the + + City in Criminal Cases_: + + _ROMAN MURDER-CASE._ + + _For Count Guido Franceschini + and his Associates, Prisoners._ + + _Summary._ + + + _At Rome, in the type of the Reverend Apostolic Chamber_, + 1698. + + + + +SUMMARY + +[PAMPHLET 7.] + + +_No._ 1.--_Letter of the Honourable Marzi-Medici, Governor of Arezzo._ + +My most Illustrious and Dearly Beloved Master: + +Your favoured letter of the twenty-fourth of last month has reached +me, and I am exceedingly sorry for the uneasiness in which you hint +you are placed by the maledictions which Signor Pietro Comparini and +his wife have disseminated throughout Rome, concerning the +ill-treatment they say they suffered in your home while staying in +Arezzo. As your letter questions me for true information, I answer +with all frankness, that both among the noble connection and in Count +Guido's home they were treated with all respect and decorum. The cause +of the first disturbance which sprang up between them and your mother +and brothers was that Signora Violante, a few days after her arrival, +presumed to domineer over the house and to keep the keys of +everything, and in fact to turn out of house and home Signora +Beatrice, your mother. With good reason, neither of the brothers was +willing to consent thereto, and this gave occasion for the first +insults and domestic broils. These afterwards increased when they saw +that Signor Pietro had given over the company and conversation of the +best people of the city, and had struck up acquaintance with the most +vulgar. And with them he began to frequent daily all the taverns here. +This cast discredit upon him, and was little for the good name of the +Franceschini. Of much greater scandal were the many flights and +petitions made by Guido's wife, their daughter, to Monsignor the +Bishop. These were made for no other reason than that neither she nor +her parents wished to stay any longer in Arezzo, but desired to return +to Rome. When she had been rebuked by that most prudent Prelate, he +always sent her home in his carriage. It is true that ever since the +Comparini left this City until the present time the Signora has +conducted herself with much modesty and prudence. From this fact +every one infers that the poor child was led to such excesses by her +parents, as she herself declares to everybody. Now she detests even +the memory of them. Therefore, she is getting back into the good +opinion of every one, and especially of those ladies of the city who +had ceased having anything to do with her. Finally, these same +Comparini had taken away all her jewellery from the Signora, which I +forced them to restore. Altogether, such and so great are the scandals +to which they have given rise before the whole city in the lapse of +the few months they have stayed here, that I write you only a few of +them. I assure you that with them your brothers have had the patience +of martyrs. Accordingly when I saw that they had become incorrigible, +and were the talk of the town, and that they might force your brothers +to commit some excess against them, for the maintenance of good +discipline, I availed myself of the authority vested in me by His +Serene Highness, and threatened them with prison and punishment unless +they behaved themselves. After these threats, which they evidently +merited and which might have overtaken them, they decided to go to +Rome, as they did a little later, leaving behind them in this city a +very bad reputation. + +As for the rest, there is now in your home an utter quietude, and the +Signora lives with exemplary prudence, detesting the ill example she +had shown the ladies of this city, and she confesses freely that it +was so commanded by her parents. In my judgment, it is the hand of God +that has freed your family from such turbid heads. This is all I can +here put down, out of much else there is to say about it. Therefore +rest at ease, and believe me that the discredit has been entirely +their own. I need only sign myself, with all my heart, to your most +illustrious self, + + Your most devoted and obliged servant, + VINCENZO MARZI-MEDICI. + AREZZO, _August 2, 1694_. + + To Signor Abate Paolo Franceschini, Rome. + + +No. 2.--_Deposition of Francesca._ + +I will tell your Excellency why I have fled from the home of my +husband. Here in Rome, three years ago, I was married by my father +and mother to the said Franceschini, and after I was engaged to him he +stayed here in Rome for two months without consummating the marriage. +Then with my father and my mother I was taken by my husband to Arezzo, +because in the marriage contract it was agreed that my father and +mother should go and live in Arezzo, as they did. After they had +remained there four months, they departed and returned to Rome, +because of the ill-treatment they suffered, at the hands not only of +my husband, but of the others in his house. + +I was left behind in Arezzo, and when about a year had passed after +the consummation of the marriage, as I did not become pregnant my +husband and my mother-in-law Beatrice began to turn against me, +because I had no children. He said that because of me their house +would die out and that he could not hope for an heir by me after a +while; for by chance he had heard my father say, that during a +girlhood sickness certain seeds had been given to me as medicine, +which possibly hindered me from having children. For that reason I +came to be continually mistreated by my husband and mother-in-law, +though I answered that I was not to blame for that. Yet they continued +always to threaten my life, and, without any real occasion, they +sought every pretext to maltreat me. + +Then my husband began to be jealous of me, and forbade me to show my +face at the window. And to remove that occasion of jealousy I never +showed my face save when it was absolutely necessary. So one day, +while we were on the loggia, he said to me that I was staying up there +to make love, without telling me with whom. I replied that these were +mere pretexts, and that from that place one could see only the street, +without looking into the windows of the houses; for the loggia was +entirely on the roof. + + [Sidenote: A. + She tells of her husband's threats because of her ardour for her + lover.] + +And then because the Canon Caponsacchi, with other young men of the +place, used to pass before our house and stop to talk with certain +hussies, who were standing there in front, my husband began to fume +with anger at me because the said Canon kept passing there as above, +although I was not at all to blame. His suspicion increased all the +more because, while we were in a great crowd at the play one evening, +Canon Conti, the brother of the husband of my sister-in-law, threw me +some confetti. My husband, who was near me, took offence at it--not +against Conti, but against Caponsacchi, who was sitting by the side of +the said Conti. Then because Conti frequented our house, as a +relative, my husband took offence at him likewise; and this so much +so that I, being aware of it, retired to my room whenever he came to +our house, that I might not have to take even more trouble; but my +husband was not thereby appeased, but said that I did this as a trick, +and that his suspicions of me were not removed. He began anew to +torment me so, on account of Caponsacchi, that I was reduced to +desperation and did not know what to say. Then to remove that occasion +for his ill-treatment, I spoke to the said Caponsacchi one day as he +was passing our house and begged him not to pass that way, that he +might relieve me from all the distresses I suffered at the hands of my +husband on that account. He replied that he did not know whence my +husband had drawn such a suspicion, as he used to pass along there on +other affairs, and that, in short, Guido could not stop his passing +along the street. And although he promised me not to pass along there, +he continued to do so. But I did not show my face at the window. Yet +with all this my husband was not appeased, but continued to maltreat +me and to threaten my life, and he said that he wished to kill me. + +At the time of the affair of the play told above, as soon as we had +returned home, he pointed a pistol at my breast saying: "Oh, Christ! +What hinders me from laying you out here? Let Caponsacchi look to it +well, if you do not wish me to do so, and to kill you." + + [Sidenote: B. + She died asserting that she did not know how to write.] + +Furthermore at the beginning of these troubles, I went twice to +Monsignor the Bishop, because he might have remedied it in some way; +but this did no good, because of his relation with the house of my +husband. And so as I was a stranger in that city and did not know how +to free myself from these perils and abuses, and as I feared that if +Guido did not slay me with weapons he might poison me, I planned to +run away and go back to Rome to my father and mother. But as I did not +know how to accomplish this, I went about a month later to confession +to an Augustinian Father, whom they call Romano. I told him all my +distresses, imploring him to write to my father in my name, as I do +not know how to write, and to tell him that I was desperate, and must +part from my husband and go to him in Rome. But I had no response. + + [Sidenote: C. + She confesses the strength and audacity of her lover.] + + [Sidenote: D. + She confesses a conversation with her lover.] + + [Sidenote: E. + She confesses a new conversation with her lover.] + +Therefore, not knowing to whom I might turn to accomplish my desire, +and thinking that no one in the place would assist me, because of +their relationship or friendship to my husband, I finally resolved to +speak of it to the said Caponsacchi, because I had heard said that he +was a resolute man. Accordingly, as he was passing one day before our +house, at a time when my husband was out of the city, I called him and +spoke to him from the stairs. I told him of the peril in which I found +myself on his account, and begged him to bring me here to Rome, to my +father and mother. He replied, however, that he did not wish to meddle +at all in such an affair, as it would be thought ill of by the whole +city, and all the more so as he was a friend of the house of my +husband. But I implored him so much and told him it was the duty of a +Christian to free from death a poor foreign woman. At last I induced +him to promise me that he would accompany me as above. Then he told me +he would secure the carriage, and when that had been arranged he would +give me a signal by letting his handkerchief fall in passing before +our house, as he had done before. But the next day went by, and +although I stood at the blinds, he did not give the signal. When the +day following had also passed, I spoke to him again as above, and +complained to him that he had broken the word he had given me. And he +excused himself, saying that he had not found a carriage in Arezzo. I +answered him that, at any rate, he should have procured one from +outside, as he had promised to do. Then the last Sunday of the past +month, he went by our house again and made the signal with the +handkerchief, as he had promised. And so I went to bed with my husband +that evening, and when I had assured myself that he was asleep I arose +from bed and clothed myself. I took some little things of my own, a +little box with many trifles inside, and some money, I know not how +much there was, from the strong-box. These were, moreover, my own, as +is evident from the list of things and moneys made by the treasurer of +Castelnuovo. Then I went downstairs at dawn, where I found +Caponsacchi, and we went together to the Porta San Spirito. Outside of +it stood a carriage with two horses and a driver, and when we had both +entered the carriage we journeyed toward Rome, travelling night and +day without stopping until we reached Castelnuovo, except for them to +take refreshment and to change the horses. We arrived at dawn, and +were there overtaken by my husband as I have told heretofore to your +Honour. The said Caponsacchi is not related in any degree to my +husband, but was certainly a friend. + + [Sidenote: F. + The lie about the arrival at Castelnuovo.] + + [Sidenote: G. + The lover is not a relative of her husband.] + +The said Caponsacchi, before the said affair, did not send me any +letter, because I do not know how to read manuscript, and do not know +how to write. + + [Sidenote: H. + New lies, that she did not receive letters from her lover, and that + she does not know how to write.] + +Before the said affair, I did not at all send a letter of any sort to +the said Caponsacchi. + + [Sidenote: I. + Another lie, that she did not send letters to her lover.] + + [Sidenote: K. + She does not know how to write, and her husband had traced the + letter.] + +When again put under oath, she responded: While I was in Arezzo, I +wrote at the instance of my husband to Abate Franceschini, my +brother-in-law here in Rome. But as I did not know how to write, my +husband wrote the letter with a pencil and then made me trace it with +a pen and ink it. And he told me that his brother had much pleasure in +receiving such a letter of mine, which had been written with my own +hand. And he did this two or three times. + +If your Honour should cause me to see one of the letters written by me +as above, and sent to Abate Franceschini, I should clearly recognise +it. + +And when it was shown, etc., she responded: "I have seen and carefully +examined the letter shown me by the order of your Honour, which +begins--_Carissimo Sig. Cognato, sono con questa_--and ends _Francesca +Comparini ne Franceschini_, and having examined it, it seems to me, +but I cannot swear to it as the truth, that it is one of the letters +written by me to Abate Franceschini, my brother-in-law, in conformity +to my husband's wishes, etc." + +And after a few intervening matters, etc., when questioned, etc., she +replied: "I have never sent letters of any sort by the said Maria to +any one." + + [Sidenote: L. + Another lie about the arrival at the tavern of Castelnuovo.] + +In all truth, I arrived at Castelnuovo at the blush of dawn. + +We shut ourselves in there at the tavern of Castelnuovo for the space +of more than an hour. During that time we stayed in a room upstairs. + + [Sidenote: M. + New lies that she did not lie down to sleep at the Inn of + Castelnuovo.] + +And after a few other matters, when questioned, she replied: "I did +not go to sleep, nor lie down to rest in the tavern at Castelnuovo +during the time I stopped there, as above." + +I know that your Honour tells me that the authorities pretend further +that I slept all night in the abovesaid tavern of Castelnuovo in an +upstairs room, in which Canon Caponsacchi also slept. And I say and +respond that no one can truly say so, because I did not rest at all in +the said tavern, and stopped there only for the time stated above. + + +[The letter of Pompilia to Abate Franceschini occurs both here and in +the summary of the Defence. It is translated on pp. 56, 57.] + + +No. 4.--_A letter of Francesca written to Abate Franceschini._ + +Outside: To Abate Paolo Franceschini, Rome; but inside: + +My very dear Sir and Brother: + +I have received the fan which you sent, which has been most welcome to +me. I accept it with pleasure and thank you for it. It displeases me +that, without reason, my parents wound the honour of our house. I for +my part am well and am happy in not having them now to stir me to +evil. I wish well to all our house, in the sacred fear of God. In fact +you may well laugh at the maledictions of my parents. Command me, who +reverence you from the bottom of my heart. + + Your deeply obliged servant and sister-in-law, + FRANCESCA COMPARINI FRANCESCHINI. + AREZZO, _July 19, 1694_. + + +No. 5.--_The examination of Canon Caponsacchi._ + +I had to go to Rome on my own business, and as I told my secret to +Giovanni Battista Conti, a relative of Franceschini, who frequented +the home of the latter, Francesca might have learned about it from the +same Canon, although there was talk about town of my coming to Rome, +which was to follow soon. Hence a letter, sent to me by the said +Francesca, was brought one day by a certain Maria, then a servant of +the Franceschini. In it she told me that she had heard of my going to +Rome, and that, as her husband wished to kill her, she had resolved to +go to Rome to her father; and not knowing with whom she might intrust +herself, she asked me to do her the service of accompanying her as +above. I answered her that I was unwilling to do anything of that +kind, or to expose myself to such a risk; and I sent her a reply by +the same servant. I do not remember the precise time that she sent me +the above letter. Thereafter, when I passed the house, she continued +making the same request to me, by flinging from time to time from the +window a note that repeated the request. And I replied to her, sending +the response by the same servant, and telling her that I did not care +to involve myself in such affairs. And therefore she finally cast me +another note from the window, which, as I learned, was seen by a +working-woman living across the street, whose name I do not know, and +she carried it to the husband. The same servant was then commissioned +to tell me that there had been a great commotion in the house because +of it, and that the sister of Guido, who had been married into the +house of Conti, had declared furthermore that that servant had carried +the letter to me. She also told me that Guido said he was going to +kill his wife in some way after a little while, and that he would also +be avenged on me. Accordingly, with this purpose, to free myself from +every difficulty and danger, and also to save from death the said +Francesca, I resolved to leave for Rome and to accompany her thither, +conducting her to her father. And so one evening--I do not remember +the exact time--as I was passing their house I gave her a letter, +which she drew up to the window with a string. In it I told her that +to free her from death I would accompany her as above. Another evening +she threw to me from the window a letter in which she renewed the +above insistence, declaring to me that her husband was always +threatening to kill her; she would therefore have to receive the +favour of my company as above, of which I had spoken. And finally, the +last Sunday of the past month of April, while I was going by their +house and she was standing at the window, I told her that I had +secured the carriage for early the following morning, and that I would +have it await her at the gate of San Clemente. Accordingly, at about +one o'clock in the morning, she came alone to the said gate. We +entered the carriage and turned along outside of the city wall to go +to the gate of San Spirito, which is in the direction of Perugia. +This carriage belonged to Agostino, tavern-keeper in Arezzo, and a +driver, surnamed Venarino, the servant of the said Agostino, drove it. +I had had him leave the city Sunday evening at the Ave Maria. Then we +pursued our journey without stopping to spend the night anywhere, and +we paused only as it was necessary for refreshing ourselves and +changing horses, until we reached Castelnuovo on Tuesday evening, the +last day of the said month of April. Then because Francesca said that +she was suffering some pain, and that she did not have the fortitude +to pursue the journey further without rest, she cast herself, still +clothed, upon a bed in a chamber there, and I, likewise clothed, +placed myself on another bed in the same chamber. I told the host to +call us after three or four hours, for resuming our journey. But he +did not call us, and the husband of the said Francesca arrived in the +meantime, and had both of us arrested by the authorities, and from +there we were taken to Rome. + +I have not spoken in Arezzo to Francesca at other times than those I +have recounted above to yourselves. + + [Sidenote: E. + The lover is not related to Count Guido.] + +The husband of the said Francesca is not related to me in any degree +whatsoever. + +I have no profession at all, but am a Canon of the Pieve, of Santa +Maria of Arezzo, and am merely a subdeacon. + +When I was imprisoned at Castelnuovo certain moneys, rings, and other +matters were found, of which a memorandum was made by the authorities. + +I have never written any letter to the said Francesca, except as +stated by me above. + +The letters sent to me as above by the said Francesca were burned by +me in Arezzo. + +Although in the prison of Castelnuovo, where I was placed, a diligent +search was made by the authorities and also by the husband of the said +Francesca, nothing at all was found there. + +The said Francesca when leaving Arezzo carried with her a bundle of +her own clothing and a box, in which she said there were some +trinkets, but I did not see them. And she had it in a handkerchief +with certain coins, which were then described at Castelnuovo by the +Treasurer. + +I do not know precisely by whom the letters sent to me by the said +Francesca were written, but I suppose that they may have been written +by her, but I do not know whether she knows how to write. + +In the chamber of the inn at Castelnuovo where we stopped, as I said +in my other examination, there were two beds. Only one of these was +provided with sheets by the servant of the tavern, that it might serve +for Signora Francesca. I did not have sheets placed on the other, +because I did not care to undress myself. Nor did she undress herself, +as I said in my other examination. + +If I should see one of the letters written by me to Signora Francesca, +I would know it very well. + +I have seen and I do see very carefully these two letters which have +been offered as evidence in this suit and have been shown to me by the +order of your Honour. One of them begins _Adorata mia Signora, vorrei +sapere_, etc., and ends _mi ha detto il Conti_. Having well considered +this letter, I declare that it was not written by me, though the +handwriting of the same has some resemblance to my own. I have also +seen the other letter, which begins _Amatissima mia, Signora, Ricevo_, +etc., and ends _questa mia_, and having well examined it I say that +the same was not at all written by me, and is not in my handwriting. +Furthermore, it has not the slightest resemblance to my handwriting. + +I have never spoken in Arezzo to Signora Francesca, except when I +spoke to her at the window, as I said in my other examination. + +I have never received other letters from the said Signora Francesca +concerning other matters than her flight to Rome, as I have said in my +other examinations. + +I marvel that the Fisc pretends that, before the flight, several other +love-letters had been sent to me by the said Signora Francesca; for +she was a modest young woman and such actions would be out of keeping +with her station and her birth. And therefore I declare that the +abovesaid pretence is false and without foundation. + +I turn back to say to your Honour that in the prison of Castelnuovo +there was not found by the authorities anything whatsoever. And if +your honour tells me that certain love-letters were found, which the +Fisc pretends are those sent me by Signora Francesca, I say and +respond that it is not at all true. + + +No. 6.--_Letter of the Most Reverend Bishop of Arezzo._ + +Outside: To the Most Illustrious and Most Respected Signor Paolo +Franceschini, Rome. + +And inside: + +My Most Illustrious and Respected Signor: + +I understand why you desire to tell me about the quarrels which have +arisen between Signor Guido, your brother, and Signor Comparini. And I +cannot but pity you for the trouble you have had in a case so rare, +and indeed so unprecedented. The Signora, your sister-in-law, had some +recourse to me, but her great excitement, taken along with the +excessive passion of her mother, revealed to me that the daughter had +taken this step entirely by instigation. So I tried to make peace +between them, thinking that when the instigations of the parents were +removed she might be brought to right reason. I believed this the more +readily, as she was of tender age. And the more she spoke, and the +more she made outcry, that much the more had she been urged thereto by +the instigation of her mother. And that she might not be excited even +more, I had her taken home in my carriage twice. I have some knowledge +of this because Signor Senator Marzi-Medici, who presides over the +laic government of this town for our Most Serene Grand Duke, has told +me all. And I need only add that I reaffirm what I have written with +entire sincerity. Wishing for new chances to serve you, I affirm +myself to you, Sir, + + Your Most Obedient Servant, + THE RIGHT REVEREND BISHOP OF AREZZO. + AREZZO, _September 15, 1694_. + + +No. 7.--_Reciprocal love-letters._ + +My dear Sir: + +I do not multiply my assertions for the purpose of proving my love to +you, because my resolution and your desert is enough proof of it. My +affection no longer has any rein, etc. May grace be to him who gives +grace. + + +My own Signor: + +I tell you, do not be surprised if my mother was at the window, +because she was looking at the one who was setting the sofa in order. +And therefore you can pass here without fear. When more at my leisure, +I will write you some fine matters, etc. When they tell me anything, I +will advise you of it. + + +My Adored Mirtillo, My own Life: + +I pray you pardon me that I did not look at you yesterday when I was +at the Cappucchini, because I saw that the two were watching to see if +I would look at you. Therefore I suffered much pain in not being able +to look at my Sun. But I saw mine own with my heart, in which I have +you engraved. I remain as I am and shall be + + Your devoted servant and faithful sweetheart, + AMARILLIS. + + +My well-beloved: + +I have received your letter, which has given me much pain, etc., that +the Jealous One might have seen the letters. And he did see them, but +did not open them, because they were tied up together, and he supposed +that they were other letters, and did not take them into his hand. +This fellow is telling it because he would like you to get angry with +me, etc. You ask me if I am of the same thought, and I tell you yes. +If you have not changed, I am ready to do what I have told you, etc. +Then soon, if they continue to drink red wine, I will tell you so. +Whether you are of the same mind still, or have repented of it, I am +content to do what you wish, etc. I remain as I have been + + YOUR FAITHFUL SWEETHEART. + + +Most beloved Signor: + +I do not know why you did not pass here yesterday evening; for I took +my stand at the window and saw no one. I forsook the window because +the Canon, my brother, was there. I left there to go to the other +windows lest he might see me, etc. But you turned toward the door of +your sweetheart, because there is the one adored by you. Conti has +asked me for those octaves, which you gave me, etc. Therefore tell me +if I must give them to him or still keep the precious verses for +myself. And I remain as I am and shall be + + Your faithful, yes, your most faithful Sweetheart, + AMARILLIS. + +I forgot to tell you that the Signora my mother no longer has the +fever, and is drinking wine, but by herself. Her wine, however, is +red like ours. Therefore tell me what to do, that I may do it. I close +with sending you a million kisses. But I know that in this way they +are not so dear as a few would be if you would give them to me. But +those of the Signora are very dear to you, though I tell you that they +are poisoned, etc. Be the scrupulous one with others that you have +been with me. For you have reason for this with others, but you have +no occasion for it with me, etc. + + +Most Cherished Narcissus: + +This evening I received your letter, and it gives me great comfort to +know that you are not angry, etc. I do not know when he will give it +to me, but if he gives it to me I will give it to you. The Jealous One +is away, but I shall still be here, and all the rest; but because my +mother has not found a servant, etc., they have said that they will +stay here a while. Therefore you will not pass [?] out of my mind +because of my not seeing you for a while. But whoever loves from so +good a heart as I do, will keep one in mind. I pray you pardon me if I +make myself tedious by writing too often. Acknowledging myself as I +am, I remain + + YOUR DEVOTED SERVANT AND MOST FAITHFUL SWEETHEART. + + +Most beloved Signor: + +If you could imagine with what haste I have written to you these two +verses, etc. I met Signor Doctor, as usual. He asked me where I was +going, and along the street, he asked me why I had written scornfully +to him. I told him that he deserved even worse, because he had given +evil deeds and good words; for he had said he was fond of me and that +he wished him and the rest of them in Sovara, etc. He replied it did +not come from this one, but on account of another gentleman whom I +used to like, who was more gallant than he. I answered him that if +that one was not more gallant than himself, he was at least more +faithful, etc. Professing myself, as I have ever been faithful, etc. + + +My Adored and Revered Signor: + +I wish by this letter of mine to excuse myself from my error in +sealing the letter which I sent to Rome, etc. I tell you that they +have not found any letter at all of mine, because I do not let them +lie around the house, but give them to the flames. And while I keep +them, I place them in my bosom. This is not an excuse, why you should +surmise [it to be] one of my letters; for I tell you that I give it +place in my bosom, etc. Inasmuch as one of the family may be behind +the curtain, as I believe, do not make any signal when you are under +the windows. I shall be at the window this evening, or else at the +blinds, and when I shall see you I will show myself at the window. But +it is necessary to be prudent, that he may not see me. Because he has +told me that if he sees me he will wish to do such things as not even +Æneas, the Trojan, did. To avoid arousing his suspicion I will not +stay there. But I pledge myself + + YOUR MOST DEVOTED SERVANT. + + +My Longed-for Blessing: + +If your saying that I do not love you, because you do not know me, is +not an error, it is at least displeasing to me. Hear me, my dear: I am +offended with you, because either you consider me blind or you do not +consider me amiable. You cannot say of a truth that I do not love you, +nor can you say truly that any one does love as much as I love you. +Look into my eyes, and you will be astonished; for when bright with my +tears they will be faithful mirrors to reveal to you that your face is +copied there (in which an outline of it is made in the Sun), that your +whiteness is snow in comparison with the Milky Way, that the Graces +have directed your movements by their own hand, that Venus in +fashioning you took the measure of your limbs with her own girdle. Ah +yes, I love you so much that in one respect I would wish alone to love +you in the world, because it seems to me that I could love you all in +central Latium. I should like that all might love you, because you +would see that all of them put together cannot love you as much as I +alone do. My breast is envied by every other part of me, because it +alone is able to love you. These are matters one cannot know by mere +hearing; they are matters to render one excusable to any one else who +does not believe it. But you are a cruel beauty; for if you see a face +composed by the miracles of angels you should not consider it a lie if +a heart is found fashioned by the miracles of love, etc. I leave you a +thousand thousand kisses. + + +My well-beloved: + +I pass by compliments, because I cannot match your very gallant +verses, which are so far different from what I merit. You tell me that +you wish to know what has happened in our house. I tell you that +nothing has happened, so far as I can see, because none of them have +said anything to me--none of them. But Signor Guido seems rather well +disposed toward me than otherwise, and therefore I cannot find out +whether they are angry with me. Let my brother-in-law lock the door; +he does it often, etc. If you do not wish to pass by here any more, I +leave that to your own judgment, and I will suffer quietly the pains +which are pleasing to you. Therefore I tell you that you may do as you +wish. For as gold is refined in the fire, so love is refined by +suffering. I can well say that I shall suffer pain at not seeing you +as I have been accustomed, etc. With a loving kiss, I remain as I have +ever been, your most sincere sweetheart and your most faithful slave. + +I had quite forgotten to tell you that I stay in the same room as at +first, and that Thursday evening I went to bed at eight o'clock, and +so you did not hear me enter the room. I told the servant that she +should make the signals agreed upon, etc. + +Signor Guido returns Saturday morning and you may pass this evening at +ten o'clock or sooner, when you shall see the light in the room, etc. + + +My well-beloved: + +I received your letter, which was most pleasing to me, as are all the +rest you have sent me, etc. I see that you like the Pastor Fido. But I +would wish you to imitate him, and I will imitate another Vienna. I +hear from her that you will want to come to see me at the Villa, etc. +If I could only bring it about, I would more willingly be your wife +than your servant. You tell me that Conti is unwilling to bring any +more letters for you. But let me inform you that I am wheedling him, +and I have the wits to bring it about that he will carry them to you; +because I say two kind words to him and he is charmed and will do what +I wish. You tell me that I shall let a cord down through the lattice, +but you do not tell me what evening, etc. But I tell you that the +Jealous One had gone to Sovara, if I might speak to you. But the +Confessor is utterly unwilling, and for that reason I do not have you +come here, because now the street door is no longer opened, but you +might be able to open the back door, etc. But that Fate does not wish +it, and you do not. I thank you for the kisses you send me, but if you +yourself could give them to me, I would hold them dear. And I give you +others in reply, as many millions as you have given to me. + + YOUR MOST FAITHFUL SWEETHEART. + +I do not know what name to give myself, whether Vienna, or Amarillis, +or Dorinda, or Lilla, but I wish to call myself Ariadne, for I believe +I have had to be such. I wish to call myself such, only so you are not +a Theseus, but a chaste Joseph, or a dear Narcissus, or an Ilago, or a +Fedone. Adonis indeed took pity on Venus, but I am none such, but even +a Medusa. Therefore I deserve, etc. If you have read Tasso, you will +know who this was, etc. + + +My Beloved Idol: + +I know of the affairs which have happened to you. I do not take it in +bad part when you tell me that it is not possible to make my mother +sleep, while she is ill and drinks no wine, and therefore cannot +sleep. It may be in the next few days that she will get well. Then I +will inform you of it, etc. + + Your faithful Sweetheart, + AMARILLIS. + + +My Adored, Beloved, and Revered Heart: + +I am confused at such praise, etc. You write to me oftener than you +might about the Doctor. You offend me by saying that I will love him +again. I tell you as sure as the Sun shall rise upon this world, I +have not the heart for another such blow. But he who does ill, thinks +ill, etc. As to what you wish to know about the wine, I tell you that +it is red now, but I do not know how much longer it will be so, but I +will let you know about it. Sending you a thousand and a thousand, and +a million of kisses, I remain, etc. + +Come this evening at seven o'clock, because I wish to speak to you, +and cough when you are under the window. + + AMARILLIS. + +She is bursting because she cannot say, as you tell me here, that she +is white as milk, and that you are darker than I. If I had been you, I +might have called you ivory, as I do call you. Watch this evening lest +it be the Jealous One, and not myself. Therefore I will cough, and if +you do not hear me cough, do not move. + +I let you know that Signor Guido is going out of the city, and will be +gone several days. Therefore I pray you come this evening about seven +o'clock. And when you are under the window cough and wait a little +while, that I may not make a mistake. He goes away Monday morning, +etc. + + +My dearest and Most Deserving Well-beloved: + +I give the infinite thanks of Rosalinda, etc. I wish you to know that +he makes me signals along the Via del Poggio, etc., and not because I +wish to make proof of your love, which I know very well. You are as +constant as myself, and therefore I do not wish to make these proofs, +etc. So that you cannot say that I no longer love you, because all my +good wishes for Signor Guido are turned to you, who deserve it. + + AMARILLIS. + + +_Letter of the Lover._ + +My adored Signora: + +I wish to know whether you can leave Sunday evening, that is, +to-morrow evening, for if you do not go away to-morrow evening, God +knows when you shall be able to do so, because of the scarcity of +carriages, owing to the fact that on Wednesday the Bishop departs with +three carriages. Therefore, if you can go, as soon as you have read +this letter of mine, return to the window and throw it to me as a sign +that I may reserve a carriage beforehand, which may be secured from +some one or other. If I secure the carriage to-morrow, in passing +along there I will let fall my handkerchief one time only. Then for +the rest, to-morrow evening I will wait from eight o'clock in the +evening on as long as necessary. And as soon as you see that they are +sound asleep, open the door for me, that I may help you make up your +bundles and collect the money. Above all, try to put some into all +their cups, and do not yourself drink it. And if by ill luck they +shall find it out, and shall threaten you with death, open indeed the +door, that I may die with you or free you from their hands. And +praying God that he will make this design of ours turn out well, I +declare myself as ever. + + Your Most Faithful Servant and Lover, + MIRTILLO. + +It is a very bad sign that the Jealous One seems pacified, and that he +has said you were at the window. Because he will wish to find out in +that way what you are doing at the window, and for what purpose you +are there. For Conti has told me that now he is more jealous than at +first, and that if he find out about anything, he will wish to avenge +himself by putting us to death. He wishes to do the same to me, and +that is what will happen. Here then has come at last the breaking of +the chord. + + +Most Beloved Signora: + +I have received your note full of those expressions (and then loving +words follow). Be pleased to receive me into your bosom, in which I +rest all my affections, etc. Consign to the ashes this note of mine. + + +_Another letter of Francesca._ + +My Revered Signor: + +Driven by the affection which I feel for you, I am forced to +contradict what I sent you yesterday evening in that letter when I +said I did not wish to tell you to come here. If you did not tell me +then, I tell you now that I would wish you to come here this evening +at the same hour as day before yesterday evening. I have indeed +thought that towers are not moved by such light blows. But if you do +[not?] wish to come here (that there may be no occasion for you to +break your promise to some beloved lady or even though it may not be +convenient), I do not wish to be the cause. Therefore if you wish to +come here, pass along as soon as you have read this, etc. + + +No. 8.--_Decree of banishment of the lover._ + + _Tuesday, September 24, 1697._ + +Joseph Maria Caponsacchi, of Arezzo, for complicity in flight and +running away of Francesca Comparini, and for carnal knowledge of the +same, has been banished for three years to Civita Vecchia. + + + + + [File-title of Pamphlet 8.] + + + _By the Most Illustrious and Most + Reverend Lord Governor of the + City in Criminal Cases:_ + + _ROMAN MURDER-CASE._ + + _For Count Guido Franceschini and his Associates, + Prisoners, against the Fisc._ + + _New Memorial of the fact and law, + together with a summary, + by the Honourable Procurator of the Poor._ + + + _At Rome, in the type of the Reverend Apostolic Chamber, + 1698._ + + + + +ROMANA HOMICIDIORUM + +[PAMPHLET 8.] + + +Most Illustrious and most Reverend Lord Governor: + +The confession of Count Guido and his fellows as to the murder of +Francesca, his wife, and of Pietro and Violante Comparini, his +father-in-law and mother-in-law, falls far short of supporting the +Fisc in demanding the ordinary death penalty. But, rather, it is +remarkably in our favour in excluding that penalty. For there is no +longer any doubt as to the cause of the murders, namely _causa +honoris_. This at first was denied by the Fisc because of the presence +of other causes, though these either were insufficient or were +indirectly hurtful to the sense of honour. We will go over them +hereafter, not "with unwashed hands." For a confession indeed should +be received along with all its details, and is not to be divided +according to a preconceived purpose. [Citations.] + +This cause alone would be ground enough for demanding that he and his +fellows be dealt with more mildly, if we bear in mind that _causa +honoris_ is quite sufficient for the moderating of this penalty. For +we have proved in our other argument that a husband may kill his +adulterous wife, even after an interval, without incurring the death +penalty, wherever the adultery is really proved, as the Advocate of +the Fisc concedes in his response. § _Solamque suspicionem_. + +And in very truth, we have in our other plea adduced a great many +decisions of the highest courts, wherefrom it is evident that the +penalty has been diminished for husbands who have had their wives +killed even by means of an assassin; and, on the contrary, no decision +favourable to the Fisc is cited. Such an opinion is therefore to be +accepted more readily, inasmuch as it is sanctioned by the greater +number of authorities. And even although Farinacci and Rainaldi seem +to take the other side, yet Farinacci, in his _Questions_, shows +himself very much in doubt, as I have shown in my other plea; and in +_cons. 141_, he shows that he is very changeable, since in _cons. 66, +No. 5_, he has proved the contrary. Therefore, when his attention was +called to this changeableness, in excusing himself, he asserted, in +the said _cons. 141_, under _No. 16_, that Beatrice, in behalf of +whom he had written in _cons. 66_, had been beheaded; as if this kind +of rigorous sentence should be followed in practice. And may this +distinguished authority pardon me, but he responds inconsistently, +having forgotten what he had written in the end of _cons. 66_: that +is, that Beatrice was put to death not because she, after an interval, +had commanded that one be put to death who was plotting against her +honour, but because she did not prove her right to this latter +exception, where he says: "So also there was strong hope for the +sister Beatrice, if she had proved the excuse she offered, as she did +not prove it." + +But the Honourable Rainaldi, whose words and writings I venerate, in +his _Observationes Criminales_ (_cap. 2_, § 4, _No. 156_), after he +asserts that some remission from the ordinary penalty may be hoped +through the benignity of the Prince, does not decide the point by +citing Gizzarellus and Giurba, who affirm that in justice the penalty +should be decreased. But he goes back to what he had written (_cap. 7 +in Rubrica sub No. 60_), where, however, he does not openly examine +the point as to murder permitted for honour's sake. Otherwise he would +go contrary to the general opinion of authorities, and to many +decisions of the highest magistrates, that is to the common practice +of the courts. [Citation.] "And this opinion is followed in practice, +as I find in the event of such a fact the Neapolitan court has so +decided." And concerning this same practice, Matthæus likewise bears +witness. [Citation.] + +Yet, as I have said, it would be enough to clear Guido of conviction +if only his confession be taken in its entirety without subdivision. +For greater completeness, however, we offer full proofs of the +adultery, as brought out in the prosecution for the flight from home. +The Fisc has attempted to attack these proofs lest he might have to +lay down his arms; and the Achilles of his pretence is solely a +preposterous cross-examination, which was not admitted into the suit +for permanent record. It gives the word of a certain baseborn woman, +formerly a servant in the home of the Accused, who was severely +maltreated by Guido, by the Canon his brother, and by their mother. +All too eagerly she narrates the ill-treatment suffered by Pietro and +Violante, and by Francesca their daughter, and his wife, respectively, +especially in the matter of their food, on account of which Pietro and +Violante preferred to return to Rome. + +Yet Guido by a written agreement had bound himself to furnish food to +the abovesaid couple. And furthermore it is claimed that the flight +of Pompilia also was necessary, because she was being threatened with +death; in order that her own base desire of violating her matrimonial +fidelity may not be deduced therefrom. + +If, however, we have any regard for the truth, the domestic affairs of +the Accused were not so pinched, because they were more than enough, +not merely for frugal, but even for lavish living. The theft of the +moneys committed by Francesca in the act of flight demonstrates this. +(See the prosecution for flight, pages 5, 63, and 92.) + +The real and true cause which moved Pietro and his wife to go back to +Rome was undoubtedly that the mother of Count Guido could not bear +that the aforesaid Comparini should regulate family matters and should +at their own pleasure dispose of everything looking toward the +government of the home; this with greatest flagrancy and with none the +less boldness they desired to do. Furthermore, Pietro took it ill that +he was rebuked for leaving the company of the noble class and +associating in taverns with the commonest persons in town, to the +scandal of well-born men. And still more because he was compelled by +the Governor of the City, under fear of imprisonment, to restore +certain trinkets and gems of his daughter, which he had taken away, as +Count Guido testified in his examination (pp. 96 and 97). And this is +admirably proved by a letter of the same Governor recently presented +by ourselves, which we give in Summary, No. 1. + +With these statements the cross-examination of the same Francesca, +when arrested in her flight, agrees; in it we nowhere read that she +was maltreated, nor that she ever complained of that home of decent +poverty. And yet it is very probable that, to put a good face upon her +flight, she would have alleged the domestic want and home miseries, if +she had ever suffered them. + +We do not deny that disputes immediately arose between Francesca and +her husband, and possibly he threatened her with death. But this was +for another reason, namely that she should quit the illicit amours she +had begun at the suggestion of her parents, and that she should live +with evident chastity as is to be read expressly in her deposition +(our Summary, No. 2, letter A). + +It is verified from the fact that Francesca herself, in a letter +written to Abate Franceschini, ingenuously confesses (Summary of the +Fisc, No. 4, and our Summary, No. 3) that her parents indeed were +sowing strife between the couple, and were urging her to have recourse +to the Bishop under the false pretence of ill-treatment; and day and +night they kept instigating her to poison her husband, her brother, +and mother-in-law, to burn the house, and what is still more awful, to +win a lover and return to Rome in his company. Nor did she fail to +obey them in several of these matters. + +And in another letter written to the same Abate, and shown by us, and +given in our Summary, No. 4, we read: "Not now having those here who +urge me to evil." + +Of no counter-effect is the response that the single characters of the +said first letter had been previously marked out by Guido, and were +afterward traced with a pen by herself, as she asserts in our Summary, +No. 2, letter K. For proof of this statement she can bring no other +evidence than that she does not know how to write. Summary, No. 2, +letters B, H, and K. + +In this, furthermore, she stands most clearly convicted of falsehood +by her signature, which was recognised by herself at the command of +the court while she was in prison, as we find in the prosecution for +flight (p. 39). She also stands convicted of falsehood by the +signature of her marriage agreement, concerning the truth of which it +would be ill to doubt, both because there is along with it the +signature of one of the Lord Cardinals, and because her handwriting +was recognised by herself who had written it, at the demand of the +notary, as is to be seen in the copy filed in the prosecution for +flight, p. 132. And, furthermore, she is convicted by the priest with +whom she fled, who asserts that more than once at night he has +received letters which were either thrown out of the window by her or +were sent by a servant; we give his deposition in our Summary, No. 5, +letters A, B, C, and D. This is verified by the Fiscal witness (p. +108), where we read: "And she threw down a note, as I saw very +clearly, and the Canon picked it up, and went away." There are, +besides, the letters and sheets of paper filled with mutual love, +found in the prison at Castelnuovo, where they themselves were +overtaken. But it is utterly impossible that the characters of these +were also marked by her husband, nor is it told by whom they were +written; accordingly it is to be presumed that they were devised by +herself, lest she might betray their forbidden love-intrigues, which +they would have to hide with the greatest care. And I pray that the +abovesaid letter be submitted to our eyes, and it will be clearly seen +whether the characters were formed by one not knowing how to write, +but forming them in ink in imitation of certain signs, or rather by +the expert hand of the woman herself. + +In the first place, the truth of the said letter of which we are +speaking, we may gather from the letter of the Governor of Arezzo, in +our Summary, No. 1, where we find: "Of much greater scandal were the +flights and petitions made by the said wife, their daughter, to +Monsignor the Bishop. These were made for no other reason than that +neither she nor her parents wished to stay any longer in Arezzo, but +desired to return to Rome. When she had been rebuked by that most +prudent Prelate, he always sent her home in his carriage." + +And this is likewise expressly deducible from another letter of the +most reverend Bishop, which is given in the Summary, No. 6, where we +read: "The more she made outcry, that much the more she had been urged +thereto by the instigation of her mother." And after a few words: "I +have some knowledge of this, because Senator Marzi-Medici, who +presides over the secular government of this city for our Most Serene +Grand Duke, has told me all." + +It is verified still further by another letter of Signor Bartolommeo +Albergotti, produced by the other side, which is given in the Summary +of that side, No. 2, at the end. But the letter is not given in its +entirety, for, where it speaks of the Secretary of the Bishop urging +Count Guido and his mother, we should read there: "Not to maltreat the +Signora for the affront offered him. After disputes enough of this +kind, he took the Signora back home. And she declared that she was +absolutely unwilling to live with Signora Beatrice and with the Canon +Girolamo, her brother-in-law." And after a few other matters: "I pray +yourself and Signora Violante to be willing to offer a remedy by +instilling the wife with a tranquil peace, which will be for the quiet +of all" (as we read in page 190). + +This is also proved by the letter of the Abate produced on the other +side (p. 182), where we read: "By Signor Guido, my brother, several +offers have been made to him, but have not been accepted; and they +insist that we force our mother and the Signor Canon to leave the +house. But this shall never be, even if there do not follow both love +and concord. I will never advise that." + +And from the letter of Signor Romano, 188, later, where we read (cf. +p. liv.): "I have known why she fled to Monsignor, and it was because +she did not wish to live with the Canon and Beatrice," etc. (which +words are not noted in the Summary of the Fisc, No. 2). + +See for yourselves, therefore, that Francesca was not maltreated, +although she so deserved because of her eager and indecent recourse +without cause to the most reverend Bishop. Hence it is evident whether +the Comparini left Arezzo and Francesca fled from home because of +ill-treatment. + +It remains now that we see--even granting this ill-treatment--what +cause of fleeing from the home of her husband Francesca might have, or +rather if her flight were not scandalous. This will not be difficult +to make clear, if we will dwell for a little while upon the deposition +of the same Francesca and upon the letters found in the said prison of +Castelnuovo. These latter were produced by the Fisc in the prosecution +for flight, though they were not given recognition. The lack of this +acceptance cannot stand in our way, nor do I think it can be denied +that they are of the same handwriting, if they are compared with the +assured writing of the command of the court. Furthermore, as they +contain love affairs, and the name of Guido himself, no sensible +person will think that they were not written by them. + +From her own deposition, it is evident that she was often abused for +her sterility, and was terrified by threats of death on account of her +love affairs with the said priest (as we see in the said Summary, No. +2, letter A). Nor was the cautious husband deceived, since her love +increased day by day, while her conjugal affection indeed decreased +just as her feeling for her lover increased. In the said letters +(which are given in Summary, No. 7), that priest is called: Beloved, +Adored, Mirtillus, My Soul, Most Dearly Beloved, Narcissus, My Eagerly +Craved Blessing, Dearest Idol; and she signs herself "Thy faithful +Sweetheart," and "Amarillis." And conversely, she is called by her +lover "My Adored Signora." And in the details of those letters is +expressed her intense love and the ardour with which that unfortunate +one was burning for her lover, as is evident. Nor may I without shame +refer to the very tender expressions of her love. But one of them, and +possibly a second, I may not omit, that "from the claw, you may +recognise the lion." Thus in letter 17, we read: "So that you cannot +say that I no longer love you; because all my good wishes for Signor +Guido are turning toward you, who deserve it." And this possibly is +the reason why she refused to lie with her husband, as the said letter +of Signor Albergotti points out, where he says: "The Signora has been +melancholy, and two evenings after your departure she made a big +disturbance, because she did not wish to go and sleep with Signor +Guido, her husband, which displeases me very much." + +In the first letter [we read]: "My affection no longer has any rein"; +in the fourth: "I am ready to do what I have told you"; in the tenth: +"I will suffer quietly the pains which are pleasing to you." And it +would be a long task and a disgusting one, to tell them over singly. +For she was unwilling to conform herself to the chaste manners of +Arezzo, accustomed as she was to living a freer life. This may be read +in the letter of Abate Franceschini produced by the other side (page +179), and following, where we read: + +"These occasions for bitterness, which have arisen between yourselves +and Signor Guido, I do not wish to examine. I know enough to say that +this has arisen from your wishing to turn the wife from what, +according to the custom of the country, her husband both may and ought +to do. Because over the wife God has given him authority, and likewise +it is the general usage and the custom of the country. If yourself and +Signor Pietro should stand in the way of this, you would do wrong, and +it would be the duty of the husband to admonish his wife." And in +another letter, p. 124, we read: "I cannot persuade myself that my +mother and brothers would conduct themselves in such a way as to force +her to have such recourse." And after a few words we read: "And know +well that what I have endeavoured by my words to urge upon Signora +Francesca, Signor Pietro, and yourself is only out of pure zeal for +the honour of your house and of yourselves." + +On the other hand, the same thing is to be drawn from the letter of +the said priest (as we read in letter 20): "I have received your +notes, full of those expressions [of love], etc. Be pleased to receive +me into your bosom, in which I rest all my affections." And the +letters which have reference to the flight give clear proof of the +mutual exchange of affection, as is well proved by the effect that +followed. Thus, in letter 18, we read: "I wish to know whether you can +leave Sunday evening, that is to-morrow evening; for if you do not go +away to-morrow evening, God knows when you will go, because of the +scarcity of carriages." And after a few intervening words: "As soon as +you see that they are sound asleep, open the door for me, so that I +may help you make up your bundles and collect the money." And after a +few more words: "Praying God that he will make this design of ours +turn out well." + +And letter 19 of the same lover, in which proofs of love are given by +no means obscurely, also shows us of what quality those loves were, +where we read: "That the Jealous One seems pacified, and that he has +said you were at the window, is a very bad sign; because he will wish +to find out in that way what you do at the window, and for what +purpose you are there. For [Conti] has told me that now he is more +jealous than at first, and that if he find out anything he will wish +to avenge himself by putting you to death and will wish to find means +to do the same to me." + +It is proved still further that the wretched Accused complained +bitterly that she was not content merely with a single lover at +Arezzo, but that she has been defiled by many suitors, so that she +multiplied the disgraces to his house (page 98), and following. We +also read clearly in the seventh letter: + +"I met Signor Doctor, as usual. He asked me where I was going, and +along the street he asked me why I had written scornfully to him. I +told him that he deserved even worse, because he had given evil deeds +and good words; for he had said he was fond of me, that he wished him +and the rest of them 'in Sovara.'" + +And in the thirteenth: + +"As to the Doctor, you offend me by saying that I will love him again. +I tell you, as sure as the Sun shall rise, I have not the heart for +another such blow." + +It is therefore quite evident whether Francesca had an honest cause +for leaving the home of her husband, or whether she was not rather +impelled by the more urgent spurs of love. It may be said now that +these letters were sent for a good purpose, that the priest might be +induced to accompany her so that she might shun the danger of death, +since she found herself therein without any just cause. And it may be +said that she could have kept her modesty uninjured in the company of +her lover. But since without doubt the amorous expressions used in the +letters do not show chastity of mind and a modest disposition, and as +just cause for flight is lacking, the veil wherewith her viciousness +tried to hide itself is destroyed. I acknowledge that Judith, who was +an entirely chaste widow, of decorous appearance and fine looking in +many ways, made advances toward a very licentious enemy; but this was +for the purpose of accomplishing a pious work, namely, to liberate her +own native land. She was provided not with lascivious letters, but +with earnest words, the unimpaired modesty of which it were evil to +doubt, since she was moved by the breath of the Holy Spirit. But +to-day, how very few Judiths are found; yet the daughters of Lot are +multiplied, who when they could not preserve their sense of shame even +in their father's company made him drunken with wine, lest he, when +sober, would deny them because they were sinning weakly, so that, when +out of his own mind, he was involuntarily polluted with nefarious +incest. (Genesis, chapter 29.) Do we believe that a girl who was dying +for love, and who burned most ardently for the company of the loving +Cupid and her lover, would keep safe her modesty during a long +journey? Which modesty I only wish she had preserved in the home of +her husband! + +And even if Guido had imposed upon her, without due reason, a just +fear of death, she should not therefore have increased his suspicion +of base and lustful acquaintanceship by choosing as her companion in +flight that priest whom her husband had suspected; for Caponsacchi was +not at all related to herself or her husband, as each of them +confesses in our Summary, No. 2, letter G, and No. 5, letter E. Thus +she would prove her dishonour. But while still guarding carefully her +matronly shame, she might either have entered some monastery with the +help of some church official, if she had used truth and not +falsehoods; or she might have had recourse to the civil governor, who, +after examining all things, would have afforded her a safe return to +the City in company with honest men and women; or he might have placed +her in the home of some honest matron, with due safeguards. But even +if she had no faith in either of these, and was determined to go back +to Rome, she might at least have entered upon the journey with one of +the servants. + +Likewise, the other excuse for putting an honest face on the illicit +amour falls to the ground--namely, that concerning the aforesaid +flight another priest, the brother-in-law of the sister-in-law of the +said Francesca, was informed. For if the abovesaid letters are read +through carefully, the suspicion of illicit correspondence with his +connivance is very greatly increased. We read in letter 11: + +"You tell me that [Conti] is unwilling to bring letters for you. But +let me inform you that I am wheedling him; and I have the wits to +bring it about that he will carry them for you. Because I say two kind +words to him, and he is charmed and will do what I wish." + +And in letter 19 of the lover: + +"For he has told me that now he is more jealous than at first, and +that if he finds out about anything, he will wish to avenge himself." + +But who would judge that we can deduce from the said words that their +mutual love was chaste, because another priest was aware of it. I +know that for Francesca to show herself at the window at the hiss of +her lover in company with the other priest does not savour well. Of +this a witness for the Fisc, in the prosecution for flight, gives oath +(pp. 107-8). Therefore, not without cause did Count Guido have +suspicion also of the other priest, as Francesca herself asserted in +her deposition in our Summary, No. 2, before letter A. + +These [two] things are taken as proved therefore: [first] that it is +not established that Francesca was threatened with death without just +and legitimate cause, and [second] that a most suspicious +correspondence with her lover is established. It will follow that the +threats were offered by her husband to preserve his honour, and so it +was in the power of Francesca to free herself from these threats +without scandal, without flight, and without shame, by living +chastely. She, however, was too prone to the tickling of the flesh, +and had deferred all things to the fulfilling of her vicious desire, +without respect to her violation of conjugal faith. It is all too +foolish to doubt her utter recklessness, since it is manifestly +evident from matters brought forward in the prosecution for flight, +and especially from the reciprocal love between the lovers, etc. It is +also clear from the letters containing such very tender expressions. +[Citations.] + +As to the entry and egress of the said priest from the home of +Francesca at a suspicious time, a witness for the prosecution +testifies (p. 107): "At the sound of the Ave Maria, while I was at the +same window, I saw the door of the said Signori Franceschini open very +softly, and from it passed the said Signor, etc. He pulled the door to +as he went out, but did not in fact close it, and therefrom, after a +little while, I saw the said Signora Francesca Pompilia, with a light +in her hand, who closed the said door." It is also proved from letter +11, where we read: "For that reason, I do not have you come here +because now the street-door is no longer opened, but you might be able +to open the back-door," etc. This of itself is enough to prove +adultery, even when trial is being made to demand punishment +therefore. [Citations.] + +Her leaning from the window at a hiss, day and night, and their mutual +nods, concerning which a witness testifies, p. 108, are quite enough +to prove carnal communication. [Citations.] + +Then there is the manner in which they prepared for the flight, which +includes, as I may say, a show of treachery, as is to be understood +from the letter of the priest, No. 18, where [we read]: "Above all, +try to put some into all their cups, but do not yourself drink it." +For in seeking an opportunity to mingle an opiate for them, he was +inquiring what coloured wine they were drinking in the home, lest, as +I suppose, the colour of it when altered by the drug mixed therewith +might betray their plots. So in letter 4, where we read: "Then, +further, if they continue to drink the red wine I will tell you so." +In No. 12: "When you tell me that it is not possible to make my mother +sleep, while she is ill, and drinks no wine." And in letter 13: "As to +what you wish to know about the wine, I tell you that it is red now, +but I do not know how much longer it will be so; but I will let you +know about it." + +Still further this most wretched wife was moved with a burning ardour +for the said priest, as is noted in letters 5 and 21; this is usually +conceived by lovers only. Therefore, since it is undeniable that the +carnal love was reciprocal between them, I think it can not be doubted +that her departure from the home of her husband and their association +through a long journey, prove their adultery. [Citations.] + +In the progress of the journey kisses were given on both sides; of +this the witness for the prosecution testifies; but I do not find in +the evidence that he saw these at night, as is supposed by the other +side; for page 100 asserts "I only saw that at times they kissed each +other." And these kisses Francesca so strongly desired to give and to +receive likewise, that in letter 11 [we read]: "I thank you for the +kisses you send me; but if yourself could give them to me, I would +hold them dear. I give you as many million more." And in letter 10: +"And giving you an amorous kiss." And in 5: "I say good-bye with a +million kisses." And here and there in the other letters. These render +the adultery not at all doubtful, so much so that there are not +wanting authorities who assert that when the kiss is proved the +adultery may be said to be proved. [Citations.] + +Therefore, unless I am very much mistaken, no one who knew what we +have recounted could be found so senseless and so weak-minded as not +to believe strongly that when they were found in the inn her matronly +shame had been tampered with, either during the journey or at night +while they were taking their rest, or more probably in the morning +while they were enjoying each other's society. + +But passing over the fact that the priest was clothed in laic garb +(pp. 4 and 100), which affords no small weight for the proof of the +adultery, all further doubts are removed, since they arrived together +at the tavern of Castelnuovo at half-past seven at night, as three +witnesses for the prosecution agree in swearing (pp. 44, 47, 49). And +although two beds were in the chamber, only one indeed did the said +priest wish to have made ready, and all night long, behind closed +doors, he rested alone with her (if lovers can rest); from this the +adultery is proved without doubt. [Citations.] + +This proof indeed becomes all the stronger from the lie of Francesca, +who asserts that they arrived at the said tavern at dawn (Summary, No. +2, letters F and L). For if no evil had been done she would not have +attempted to hide the truth. [Citation.] + +Finally, the sentence or decree of this Tribunal, which is given in +Summary, No. 8, where the said priest is condemned for carnal +knowledge of Francesca, removes all doubt; because the adultery is +thereby rendered infamous, as was proved in our other argument. And +though it is asserted that it was in the minds of the Lords Judges to +modify this sentence and to add "for pretended carnal knowledge," yet +it never was thus modified. And yet such modification would not have +stood in the way after it had reached the ears of the luckless husband +that the adultery of his wife had been made manifest and notorious and +had been confirmed by the Judges' decree. + +But certainly, even if we are cut off from this proof, their carnal +communication remains more than sufficiently proved for our purpose; +for we are arguing not for the infliction of the penalty of adultery, +but we have deduced the adultery for exclusion of a penalty. +[Citations.] For it is quite customary that, for a civil purpose, such +as divorce or loss of dowry, adultery is abundantly proved by +circumstantial evidence. [Citations]. + +Nor is it of consequence that some of the stronger proofs are proved +by single witnesses; for we are arguing to establish dishonesty and +adultery in kind; not for the purpose of condemning the adulteress, +but for the defence of the accused. + +And the reason is very evident, because to excuse a husband from the +murder of his adulterous wife after an interval, an exact proof of the +adultery is not required, but strong suspicion of adultery is quite +abundant, as Sanfelicius testifies it was decided (_dec. 337, num. +13_). But we are upon firmer grounds, because we not only have strong +suspicions drawn from single witnesses, but other finely proved +grounds, yes, the clearest of proofs, deduced by the Prosecution. + +Very little does it stand in the way of this proof of her guilt that +Francesca, when near to death, tried to exculpate herself and her +lover by asserting that there had been no sin between them; for this +kind of exculpation, which is all too much a matter of pretence, might +help her companion just as theretofore she had brought blame upon him; +and by no other proof might his inculpation have been removed. This +would indeed aid her fellow, but not herself. But since she stands +convicted by the abovesaid proofs of having broken her matrimonial +faith, it would be absurd that an exculpation made that she might seem +to die an honest woman, should be of such efficiency as to destroy the +proofs of her baseness. [Citations.] And what is more horrible, that +from the said exculpation, her murderer might be the more severely +punished. + +I have faith, and this helps me to hope, that her soul rests in +eternal safety, by divine aid, since she had time to hate her previous +life. But no man of sense could praise her testamentary disposition, +in which she appointed as her sole heir her son, who, as I hear, was +but just born and hence innocent, and who had been hidden away from +his father, and which appointed as residuary legatee a stranger joined +by no bond of relationship. + +From these considerations, therefore, it is plain that the adultery of +Francesca is fully proved. Hence according to the opinion of the Fisc, +her murder, even if committed after an interval, is not to be expiated +by the death penalty; not only because of the justly conceived +grievance, but because the injury to the honour always keeps its +strength, according to the sentiment of Virgil in the _Æneid_, Book I: +"Keeping an eternal wound within the breast." + +It is of no force in response to this that he did not kill his wife +and the adulterer, whom he had overtaken at the inn of Castelnuovo, +but that he merely saw to their imprisonment; as if that, after his +recourse to the judge, he could not with his own hand avenge his +honour. + +For we deny in the face of all heaven that he could have killed either +of them, because he was worn out by the rapid journey, and was so +perturbed by the agitation of his mind, that he was seized by a fever. +And furthermore he had heard that the said priest was armed with +firearms, as he asserted in the prosecution for flight, at a time when +his word cannot be suspected, because the murders had not yet been +committed (pp. 76 and 77). It is also true that the priest was a +terrible fellow, according to the witness for the prosecution (p. +167), and as Francesca herself confesses. Elsewhere, the Accused +speaks of the taking away of an arquebus pointed at the officers, as +he himself asserts (p. 71). And, furthermore, Caponsacchi was all too +prompt and too much disposed to resisting, as we read in letter 18. +There, in speaking of the opiate to be given to the domestics, he +adds: "If by ill luck they shall find it out and shall threaten you +with death, open the door, that I may die with you, or free you from +their hands." And the wife, indeed, was unterrified, full of +threatening, angered, and even furious, as the outcome proved; since +when captured by the posse of the Ecclesiastical Court, she dared in +the very presence of the officers and other witnesses to rush upon her +husband with drawn sword. And she would easily have killed him, if she +had not been hindered (p. 50). He, indeed, weak, as he is, and of +insufficient strength, could not have taken vengeance by killing both, +or either of them, provided as he was with only a traveller's sword. +Hence, as he was not able to kill them, he saw to their imprisonment +in the confusion of his mind, in order that he might prevent the +continuation of his disgrace, and thus might hinder their future +adultery. + +But, indeed, even if he could have killed them, and did not do so, he +would be praiseworthy; for up to that time the adultery had not been +made notorious by the sentence of the judge, and only strong +suspicions of it were urging him on. + +But as for the recourse to the judge, whereby it can be claimed that +he renounced the right to kill his adulterous wife, which we deny, I +pray you note that the Tribunal acted prudently in placing Francesca +in the Monastery, that she might be kept more decently than in a +prison. Then when it received the attestation of the physician as to +her condition, lest she might be kept there destitute of necessary +aids, and so might undergo punishment in the very course of events +(which is everywhere avoided), after obtaining the consent of Abate +Franceschini, brother of the Accused, the court permitted her to be +placed in the home of her parents with the warning to keep that home +as a prison. + +But I cannot commend any one, whoever he may be, who tried to get +Francesca from the Monastery under the false pretence of ill health, +since he could legitimately and with more decency have succeeded in +his intent by laying bare the truth, namely her pregnancy. But this +was done for no other reasons than these: either that the son might be +hidden away from Count Guido, since the law presumes that he was born +of his legitimate father, although his wife had shown herself +incontinent; or else Francesca, believing that the child was +conceived of some one else, possibly was trying to hide from her +husband the fact of her pregnancy. + +And now in the meantime, let it please my Most Illustrious Lord to +turn his eyes toward Arezzo and for a little while to think of Count +Guido stained with infamy, when the decree of condemnation for +adultery reached his ears. The adulteress was still unpunished, and he +was ignorant of the fact that she could not be punished, owing to her +supposed ill health, and that during her pregnancy, which she had so +carefully hidden from him, she was unsuited to the vengeance of the +sword. Furthermore, when he saw that Francesca had gone back to that +very suspicious home of Pietro and Violante, who had instilled +Francesca with dishonesty, had repudiated her, and had professed that +she was the daughter of a harlot, he lost all patience, as is evident +from the deposition of Blasio (p. 318), where we read: "But still +further, she had been received back into the home, after she ran away +from Guido, although the latter had put her in a Monastery." This +change drove to desperation her luckless husband, who was at least an +honourable man. Therefore his recourse to the judge ought not to +increase the penalty for him. + +We do not deny that Abate Franceschini had given consent to the +removal of Francesca to the home of Pietro and Violante (in order that +we may yield to our respect for my Lord Advocate of the Fisc), but +only on verbal representation, for I have not been able to see it in +writing. But, for our proposition, this does not affect Count Guido, +since it is not made clear that he was informed of such consent, and +thus far the Fisc merely presumes that he had been informed by Abate +Franceschini, his brother, of this consent. [Citation.] + +We are compelled to affirm that this knowledge is not to be presumed +as is shown below, or at the very worst there is present only +presumptive knowledge. And I do not think that on this kind of merely +presumptive knowledge the death penalty can be demanded, nor can Count +Guido be condemned, since he has neither confessed nor been convicted +of such knowledge: chapter _nos in quemquam_, where we read: "We +cannot inflict sentence upon any one unless he is either convicted or +has confessed of his own accord." + +Indeed, what if Count Guido had acknowledged that he had written the +consent furnished by the Abate, his brother, since it had no special +authorisation for that particular matter; nor a general authorisation +to conduct litigation, but only to receive moneys taken from himself +by Francesca, as is to be seen (p. 136). By exceeding the limit of +his power, Abate Paolo would have exasperated the mind of Guido; for +the luckless man was already burning so with rage at the temerity of +Francesca, Pietro, and Violante, that he was almost driven, I might +say, to taking vengeance. He had put this off as long as he had any +hope that he might have the marriage annulled because of mistake +concerning the person married. For he was ignorant of the point of +Canon Law that error as to the nature of the person contracted does +not render a marriage null, but only an error as to the individual. +[Citation.] + +Nor does it amount to anything that Francesca, at the time she was +killed, was under surety to keep the home as a prison, as if she were +resting in the custody of the Prince. For, however that may be, even +if the Accused had killed Francesca to the offence of the Prince, yet +since he wished to recover his honour and to remove with her blood the +unjust stains upon his reputation, for this particular reason the +aforesaid custody is not to be given attention, nor does it increase +the crime; as in the more extreme case of one injuring a person having +safe-conduct from the Prince, Farinacci affirms in making a +distinction [Citation] where knowledge thereof is not to be presumed. + +Furthermore, when we speak of custody we should understand it to apply +to public custody and not to a private home as was proved in our other +argument. Nor is the response enough that this would hold good in the +one under custody, but not concerning the custodian, Violante; for I +do not know any probable distinction between the two, since both cases +may suffice for escaping the penalty; nor is any stronger reason to be +found for the one than for the other. And indeed a third case would be +more worthy of excuse, of one who broke this kind of custody, when +knowledge thereof was not proved. Because such an offence might arise +under such custody, just as one who had killed a person under bann, +but ignorant of that bann, excused himself. [Citations.] + +If therefore Count Guido is not to be punished for murder of his wife, +for the same reason he cannot be punished for the murder of Pietro and +Violante, because these murders were committed for the same cause, +_causa honoris_. For at their instigation, Francesca found her lover, +and still more, in order that they might disgrace Guido, they did not +blush to declare that Francesca had been conceived illegitimately, and +had been born of a harlot. This greatly blackens the honour of an +entire house, as Gratian observes [Citation]; for the daughters of +such are usually like their mothers. Then also, as I have said above, +the Accused burned with anger when he had notice of the return of +Francesca to their home (p. 318), and the following. And Alexander +proves this in his confession where he says (p. 646): "So that he had +to kill his wife, his mother-in-law, and his father-in-law: because +the said mother-in-law and father-in-law had a hand in making their +daughter do evil, and had acted as ruffians to him." This following +fact makes it all the clearer, because on the fatal evening when they +were slain, at the knock on the door, and as soon as Violante heard +the much beloved name of the lover, straightway she opened it. And +thus she showed, unless I am mistaken, what removes all doubt that +Pietro and Violante were not at all offended with the love affairs of +their daughter and her lover. + +It is all one, because we are compelled to acknowledge either [first] +that the Comparini had done new injury to his honour by receiving her +into their home after they had declared that she was not their +daughter, and after her adultery was clearly manifest, and hence there +should be departure from the ordinary penalty. [Citation.] For just +indignation, when once conceived, always oppresses the heart and urges +one to take vengeance. [Citation.] + +Or else [secondly] we must acknowledge a cause of just anger +continued, and indeed was increased, which is quite enough foundation +for asserting that the murders were committed incontinently. +[Citations.] + +Since, then, from the confession of Count Guido as well as from that +of his associates, and since from so very many proofs brought forward +in the trial, it is evident that Guido was moved to kill them by his +sense of injured honour, in vain does the Fisc pretend that for some +other remote reason he committed the crimes. For, to tell the truth, I +find no other cause which does not touch and wound the honour, if we +only bear in mind what Guido has said in the trial (pp. 96 and 97): +namely, that the Comparini had arranged the flight of Francesca and +had plotted against his life. This alone would be enough to free him +from the ordinary penalty. Bertazzolus and Grammaticus [Citation], +testify that a man was punished more mildly who had had one who +threatened him killed, though the threats were not clearly proved. +[Citations.] "And the death which he had threatened fell upon himself, +and what he planned he incurred," and also: "There is no doubt that +one who had gone with the intention of inflicting death seems to have +been slain justly." + +Another cause of the murder alleged by the Fisc is the lawsuit brought +to annul the promise of dowry. Upon this point a complete and a very +skilful examination was made by the other side, and because of this it +was pretended that he had incurred the penalties of the Alexandrian +Constitution and of the Banns. But this pretence in fact soon +vanishes. For if we look into it well we shall find, without +difficulty, that a cause of this kind is no less offensive to the +sense of honour. For the ground on which Pietro had attempted to free +himself from the obligation to furnish the promised dowry was this +solely: that Francesca was not his own daughter, but the child of an +unknown father and of a harlot. Every man, however, well knows whether +this kind of a declaration would wound the reputation of a nobleman. + +Whether or not a pretence of this kind could have found a place for +itself before we had the confessions of Count Guido and his +companions, as I have said above (for then the Fisc might have been in +doubt how Guido could be moved to kill her), yet thereafter it was +clear from the confessions of them all that the sense of injured +honour had given him the impulse, and had even compelled him to the +killing, as Count Guido asserts (p. 678) where we read: "To inflict +wounds upon them, inasmuch as they had injured my honour, which is the +chief thing." Vain is it to inquire whether he had killed them for +some other reason, because, as it was clearly for honour's sake, the +Fisc never could prove that they were killed on account of the +lawsuit, and not on account of honour, as is required for the +incurring of the penalty of the aforesaid Bull. [Citation.] + +These statements are apt also as regards the murder of Francesca, who +had sought a divorce. For if she had made pretence of being separated +from him for any other reason, and if her dishonour were not perfectly +clear, then indeed there might be room for the Alexandrian +Constitution. But since wounded honour gave occasion for the murder, +we are far beyond the conditions of the Alexandrian Constitution. +Otherwise a very fine way would be found for wives to act the +prostitute with impunity. For if it were possible, after adultery was +admitted, to bring suit for divorce, they would find a safe refuge to +escape the hands of justly angered husbands, and would be rendered +safe by the protection of the said Bull even though the divorce was +not obtained and though the husbands had been offended because of +their dishonour. + +But still less can such capital punishment be inflicted upon Guido on +the pretext that he assembled armed men, contrary to the rule of the +Apostolic Constitutions and Banns. For whenever the question is +whether a husband may assemble men to kill his adulterous wife, we are +still beyond the conditions of the Constitutions; for they have place +whenever men are assembled for an indeterminate crime, and crime does +not follow; then indeed the provisions of the Bull are applicable. But +whenever men are joined together to commit crimes, and these actually +follow, attention is directed to the end for which the men had been +assembled, and the punishment for that is pronounced, nor is there any +further inquiry concerning the beginning (that is, the assembling), as +I have proved in my other argument. And I now add another citation +[Citations], where after the question was disputed, he asserts: "But +certainly, notwithstanding what has been said above, in the current +case, I do not believe there should be any departure from the decision +of so many men, whom we may well believe have considered and written +the entire matter with maturity and prudence for Our Most Sacred Lord +Clement VIII." And at the end of this addition, it is testified that +the Apostolic Chamber had so decided it at the order of the said Pope. +[Citation.] + +This is also proved by the Banns of my Most Illustrious Lord Governor, +chapter 82, where they impose a penalty for assembling men for an evil +end, if the evil end may not have followed. But they decide nothing +when the crime for which the men had been assembled had been put into +execution, because in this case the penalties for assembling cease and +only the penalty for the crime committed is inflicted, as was said +above. + +And that the assembling of men for the purpose of recovering one's +reputation does not fall under the penalties of the Apostolic +Constitutions (see _Farinaccius_, _cons. 65_, _No. 66_). + +Finally, the matter of carrying prohibited arms is still left for +consideration. Even if some authorities have asserted that this is not +to be confounded with the principal crime, yet the contrary opinion is +held by the majority; for the purpose is to be considered, which the +delinquent chiefly had in mind. So Bartolo holds in our very +circumstances. [Citations.] And on the point that one killing for +honour's sake, with prohibited arms, is still to be punished more +mildly, Matthæus testifies that it has been so judged. [Citation.] + +This also holds good in the more extreme case of several crimes, which +can easily be committed separately and which tend toward different +ends; yet, if they are committed at the same time and for the same +end, the punishment only for the crime which was chiefly in mind is +imposed. Thus, if one wishing to commit theft climb over the walls of +the city, even though he could commit that deed without the crime of +crossing the wall (which is a very grave crime, according to +Farinaccius, _quaest. 20_, _No. 146_), even then only a single +penalty, namely that for theft, is inflicted, as the one chiefly in +mind; and this is a little harsher than that for crossing the walls of +the city, but is not of utmost severity. [Citations.] + +Nor does it escape my notice that the Banns of our Most Illustrious +Lord Governor, chapter 8, seem to settle the question by deciding that +the punishment for carrying arms ought not to be confounded with +punishment for the crime committed therewith. Nor do I fail to see, +still further, that these Banns do not include one of the companions, +who was a foreigner and not of that district. But since by common law +these Banns receive a passive interpretation whenever arms are not +borne for an ill end, and then some crime is committed with them +(because the delinquent did not have in mind the crime which he +committed), he is punished for both crimes, because at divers times he +committed different crimes. But when any one bears prohibited arms +with the purpose of murder, and then commits the murder, the chief +crime of homicide, in view of which he bore the arms, is considered +and the penalty for murder is inflicted, but not that for carrying the +arms. [Citations.] + +I beg you note that this crime in question is made important from the +fact that those three who had no fear of ill, but who ought by all +means to have feared, were slain, and not because of the kind of arms +with which they were slain. The number of the victims, and not the +instrument of their death, excited astonishment, and it would have +been the very same if they had been slain with the longest of swords, +or with sticks, or with stones. Therefore it would indeed be a very +hard matter that the Fisc should be aflame over these murders, and not +being able to demand the death penalty for them, should demand it for +the carrying of arms. + +But beside this, Count Guido denies expressly that he owned, carried, +or kept arms of unlawful measure. And although it is asserted by the +four associates that at the time of the murders Guido had in his hands +a short knife, and had given the same kind of arms to his companions, +yet these could not doom him to the ordinary penalty. Thus Farinaccius +and others affirm after this matter has been well discussed and the +contrary opinion confuted. [Citations.] + +Nor does he deny that he had on his person a dagger which was entirely +lawful. But he did not have it with him at the murder, nor did he +carry it for the murder, but only to defend himself if he should find +in the aforesaid home outsiders ready to use force against him. And +that was permissible to him; for there is ample right to bear arms of +this kind throughout the Ecclesiastical State, and (I may boldly add) +even in the very City. Because no mention is made of the City, +although some places are excepted; according to that very true axiom: +"The exception proves the rule in what is not excepted." [Citations.] + +And he could the more readily believe that it was permissible for him +to do so, because he had enemies in the city who threatened him there +and made plots against him, as Guido himself says; and therefore the +bearing of arms of this kind was more necessary here than elsewhere. + +Nor is it to the point that, because it is claimed he had killed with +forethought, the privilege of bearing this kind of arms should not be +granted him. For aside from what is said above and in the other +argument establishing the fact that the aforesaid crimes were "for +honour's sake," they cannot be said to be committed "after an +interval." The objection might hold good if he had used the arms in +the murder, but as this is not established, it does not seem possible +to deny him the right to carry the arms. In any case, although +strictly speaking he could be said to have done the killing when armed +with the said arms, yet he should not be punished with the extreme +penalty of death. In _Caballus_, _case 90_, _No. 7_: "Yet in fact in +these cases, I have never seen the death penalty follow, but by grace +it is commuted to a milder penalty." + +Finally, he cannot be said to have incurred the penalty for prohibited +arms from the fact that he was present at the murders committed by his +associates with such arms; because the penalty of this kind which is +due to one furnishing the said arms does not extend to the helpers and +assistants. [Citations.] + +I do not speak of Domenico and Francesco, because these last two, as +foreigners, are not bound by our Banns. But all matters fight for all +of them, and every single ground for the diminution of the punishment, +which favours Count Guido, also favours them all; since accessories +are not to be judged on different grounds from the principal, as I +have shown in my other argument. There I cited, not the authority of +one or another doctor singly, but the decisions of the highest +magistrates. Clar also testifies that this opinion has been observed +in actual practice. (§ _Homicidium_, _sub No. 51_). + +But I earnestly beg that my Most Illustrious Lord will be pleased to +consider with kindly countenance and untroubled vision that Count +Guido did the killing that his honour, which had been buried in +infamy, might rise again. He killed his wife, who had been his shame, +and her parents, who had set aside all truthfulness and had repudiated +their daughter. Nor had they blushed to declare that she was born of a +harlot, in order that he might be disgraced. They also perverted her +mind, and not merely solicited, but even by the strength of her filial +obligation compelled her to illicit amours. He killed her lest he +might live longer in disgrace, loathed by his relatives, pointed out +by the noble, abandoned by his friends, and laughed at by all. He +killed her, indeed, in that City which in olden days had seen a noble +matron wash away the stains of shame with her own blood--stains which +against her will the son of a king had imposed upon her. And thus she +expiated the violent fault of another by her own death. (See Valerius +Maximus and Titus Livius.) This city also saw a father go entirely +unpunished, and even receive praise, who had stained his hands with +the murder of his daughter, lest she might be dragged away to shame. +[Citations.] So much did the fear of losing his honour weigh upon his +heart, that he preferred to be deprived of his daughter rather than +that she should continue to live in dishonour, even against her own +wish. Count Guido did the killing in their own home, that the +adulteress and her parents, who were aware of her crime, might find +out that no place nor refuge whatsoever was safe from and impenetrable +by one whose honour had been wounded. He killed them lest deeds of +shame might be continued there, and that the home which had been +witness of these disgraces might also be witness of their punishment. +He killed them because in no other way could his reputation, which had +been so enormously wounded, find healing. He killed them that he might +afford wives an example that the sacred laws of marriage should be +religiously kept. He killed them, finally, that either he might live +honourably among men, or at least might fall the pitied victim of his +own offended honour. + + GIACINTO ARCANGELI, _Procurator of the Poor_. + + + + + [File-title of Pamphlet 9.] + + + _By the Most Illustrious and Most + Reverend Lord Governor of the + City in Criminal Cases_: + + _ROMAN MURDER-CASE._ + + _For Count Guido Franceschini and his Associates, + Prisoners, against the Fisc._ + + _New Memorial of law, + by the Advocate of the Poor._ + + + _At Rome, in the type of the Reverend Apostolic Chamber, + 1698._ + + + + +ROMANA HOMICIDIORUM + +[PAMPHLET 9.] + + +Most Illustrious and Most Reverend Lord: + +The confessions of Count Guido Franceschini, and of Domenico +Gambassini, Francesco Pasquini and Alessandro Baldeschi, his +companions, are null; and therefore they should be given no +consideration, as they issued under fear of the rigorous torment of +the vigil, unjustly decreed against them. [Citations.] And this is +true even though they still persevere in the same confessions. +[Citations.] For as we have said in our past argument (which may be +reassumed here by favour), the Constitution of Paul V., of sacred +memory, issued for the reformation of the tribunals of the City +[Citation], commands that this torture be not inflicted except under +two concurrent circumstances. One of these is that the accused be +under the strongest of proofs, and the other that the crime be very +atrocious. And the authorities alleged in my argument, § _Quatenus_, +etc., testify that it has been so practised. + +Nor indeed can the asserted [discretionary] powers of this tribunal +give support; because, whatever they may be, they have no place unless +the crimes are punishable by death. Raynaldus [Citation] gives this +reason: Whenever the defendant should not be condemned to death, he +also should not, for the purpose of getting confession from him, be +exposed to torture which might cause death, as it almost caused the +death of Alessandro, who fainted dead away under two turns at the same +torture. + +But the crime, which has been imputed to Count Guido and his helpers, +and which they themselves have confessed, is murder neither of the +first nor of the second degree, as was fully proved in my past +argument. And indeed since Count Guido was moved to kill or to have +killed both Francesca Pompilia, his wife, and Pietro and Violante, his +parents-in-law, because of his sense of honour; namely, on account of +the adultery which Francesca Pompilia committed with their conspiracy +and aid, this fact relieves from the penalty of death, not merely +himself (according to the texts and authorities alleged in my said +argument) [Citations], but also his helpers (according to the +authorities likewise alleged in said argument). [Citations.] + +Gabriel states: "And much less ought those to be punished with death, +because if we will only examine the common opinion of wise men, just +anger may excuse from a graver penalty than this; for according to the +Gracchian law, Code concerning Adultery, even those who are called and +led to the crime should likewise be excused." + +Aside from what may be claimed in this present state of the case, that +the plea of injured honour is not established, the decree in +condemnation of the Canon Caponsacchi for the said adultery issued in +this tribunal, September 24, last past, and given in full in our +Summary, No. 8, makes the matter clear and manifest. [Citations.] For +it is there said: "Joseph Maria Caponsacchi, of Arezzo, for complicity +in the flight and running away of Francesca Comparini, and for carnal +knowledge of the same, has been banished for three years to Civita +Vecchia." Nor can these words be said to be merely the title of the +case, which does not make any one guilty, as my Lord Advocate of the +Fisc supposes; but the very decree and the title of the case, as seen +by me in the original Process, was that which follows: _Aretii in +Etruria fugæ a viro_. + +But, in brief, the said Canon was condemned merely to the said +punishment because he was a foreigner and had committed his crime +outside of this State; in such case he should be dismissed merely with +exile. [Citation.] + +Nor is it true that the Court receded from the said decree and still +less that a modification of it was demanded. For we have no other fact +than that for the purpose of giving some little indulgence to the +still asserted honour of the wife and to the decorum of the said +Canon, for which the Procurator of the Poor, their defender, kept +sharply and incessantly urging, in the command for imprisonment, +instead of the words of the said decree, these other words were +applied: _Pro causa de qua in actis_. These words do not imply the +correction of the preceding words, but indeed the virtual insertion of +all the acts, and consequently of this same decree also. [Citations.] + +And this is all the more true because the said decree could not be +changed unless both sides were heard; which, as I remember, was the +response given to the said Procurator when he insisted upon the said +modification. [Citations.] + +But why should I now insist on former matters when there is such +conclusive proof of the adultery and further dishonour of the said +wife from the many strong reasons deduced in the present stage of the +case, and well weighed by my honourable colleague, the Procurator of +the Poor, in his customary excellent manner? (I do not here repeat +them, that I may avoid useless superfluity.) Hence there is left no +room for doubt as to the outraged honour, which indeed impelled Count +Guido to the commission of crime. For it would be quite enough that a +cause of this kind be verified, even after one has committed the +crime, as Bertazzolus advises on this point. [Citations.] + +Still further, there is no need now to insist on past matters because +Count Guido has stated the plea of injured honour not merely against +his wife, but against his parents-in-law in his confession (especially +page 98): "Thereupon followed her flight, which was so disgraceful, +not merely to my house, which is noble, and would have been so to any +house whatsoever, even if of low estate. She made this escape by night +with Canon Caponsacchi and his companions. In the progress of her +flight along with the driver of the carriage, she was seen by the said +driver, kissing and embracing the abovesaid Canon. Still further, I +have found out that they slept together at Foligno in the posthouse +and then again at Castelnuovo. By such proof, she stands convicted as +an adulteress, not merely for this, but for other like excesses, which +I have since heard that she committed in Arezzo with other persons." +And page 672, where we read: "And when the said Santi was asked +whether he would give ear to offering an affront to the Comparini, +because of my honour and the plots they had made against my life, +Alessandro responded that he would do it, and if some one else were +necessary he would find him. Accordingly, after a few days, I received +in my home Biagio, who has been twice named above, in company with the +abovesaid Santi, and he said that he also would give ear to it, as +being specially a question of my honour and the contrivance against my +life." And at page 678: "And while we were staying in the same +vineyard, that is in the house within it, we spoke of various matters +and particularly of what was to be done, namely of the affronts to be +offered to the Comparini (that is to Pietro, Violante, and Francesca, +my wife) and of wounding them because they had taken away my honour, +which is the chief thing, and had also plotted against my life." And +at page 683, near the bottom, we read: "And I would have so much to +say that one might write from now till to-morrow morning, if I wished +to tell all the trouble and expense I have suffered from the said +Comparini. But all this would amount to nothing, if they had not +touched my honour and plotted against my life." And page 684: "The +Santi above-named was a labourer of mine at my villa of Vittiano, and +consequently was informed of all these troubles I had suffered at the +hands of the said Comparini. He also knew of the very indecent flight +made by my wife in the manner elsewhere told. The abovesaid Alessandro +then began of his own accord to seek me out and did find me, so that +he might give ear, in the event that I should wish to avenge my honour +and the plots which they had made against my life." And page 699: "And +she together with Canon Caponsacchi was overtaken by myself at +Castelnuovo, where they were arrested by the officers and conducted to +these prisons. In the Court, many a time I laid stress on the crime of +her supposed conception in order that they might be punished. I never +having seen what would be considered expedient in an affair of such +importance to my honour, have been obliged to take some resolution for +recovering it, because the Comparini, with greatest infamy, had +transferred to me their own ignominy." And page 722: "And what I said +to Alessandro, Biagio, and Domenico, I also said to Francesco once +when he, knowing the offences against my honour which I had suffered, +asked me if I were ready to give a beating to my said wife. And I then +replied to him that she deserved not merely a beating, but death." + +Such a confession should be accepted with its own qualifications, for +the Fisc cannot divide and detach this from it (according to the usual +theory). [Citations.] + +This is undoubtedly true, when, as in the present case, one is arguing +for the infliction of the ordinary penalty, whatever may be said, +according to some authorities, for the infliction of an extraordinary +penalty. [Citations.] Ludovicus extends this conclusion to all +qualified confessions in any kind of crime. + +This is true especially when the qualification is not merely propped +up in some way, but is conclusively proved. [Citations.] For beside +the said decree, and the other considerations above, we have his +fellows in crime especially swearing that their services were required +by Count Guido for committing crime in his very company for the +abovesaid reason. Especially is this the case with Blasio Agostinelli, +page 316: "Signor Guido told me that his wife had fled from him in +company of an Abate, and had carried away some money and jewellery. He +led me into the very room where she had robbed him of the said +jewellery and money, and told me that he wished to go to Rome to kill +his wife, and that he wished that I and the said Alessandro would go +with him," etc. And page 317: "At the above time the said Guido told +me that his wife, for the purpose of fleeing securely with the said +Abate, and that he might not perceive it, had mixed an opiate in the +wine for dinner to put himself and all the rest of them to sleep. He +also said that he was in litigation with his father-in-law, who had +not merely sworn that the said wife was not his own daughter, but +still further had received her back into his home, after she had run +away from her husband, although he would have put her in a monastery +after he overtook her at Castelnuovo during the flight." And +Alessandro Baldeschi (page 623): "The said Guido in the presence of +myself, as well as that of Biagio, Francesco, and Domenico, told me +that he ought to kill the lady, that is, his wife, who was here in +Rome, to recover his own honour; and also to kill the father and +mother of the said wife because they had lent her a hand in the insult +she had offered to his honour." And page 645: "He told us also, in the +presence of the keeper of the vineyard, that he was obliged to kill +his wife, his father-in-law, and his mother-in-law, because the latter +had lent a hand to their daughter in her ill-doing, and had acted the +ruffians too, and because the said Guido also declared that these same +people, whom he had to kill, had wished to have himself, that is +Guido, killed." + +Nor can the plea of injured honour be excluded by the attestations of +those who afforded assistance to Francesca Pompilia even up to the +time of her death: for they attest that she made declaration that she +had never violated her conjugal faith. These assertions are merely +testimony given outside of a trial, and do not demand belief. +[Citations.] + +And more especially as they were extorted and begged (while the suit +was pending and the other side was not summoned), by the heir of the +same Francesca Pompilia, for avoiding the prosecution by the Monastery +of the Convertites, which was laying claim to the succession to her +property on account of her dishonesty. Such shame would cause all of +her hereditary property to be sequestered and judicially assigned to +the said Monastery by law. [Citations.] + +And this objection to their testimony is especially true because some +of the witnesses who swear as above are beneficiaries of the same +Francesca Pompilia, so that they might be swearing for their own +advantage. For if her dishonour were substantiated, her property would +devolve upon the said Monastery, and consequently they would be shut +out of their legacies. [Citations.] + +And however far these attestations may occasion belief, a declaration +of this kind serves to no purpose, because no one is presumed to be +willing to reveal his own baseness. [Citations.] So likewise Francesca +Pompilia should not be believed, especially when testifying outside of +a court and without oath. [Citations.] Much less are the aforesaid +witnesses to be believed, lest more credence be given to hearsay +evidence than to its original. [Citations.] + +Nor can it be said that no one is presumed to be unmindful of his +eternal safety; for all are not presumed to be Saint John the Baptist. +[Citation.] Especially when the argument is concerning the prejudice +of the third. [Citation.] And still more so when the argument is for +punishing more gravely the enemy of the declarant. [Citations.] + +And therefore, as the plea of injured honour is substantiated, it +makes no further difference that the said murders were committed after +an interval, according to what we have very fully affirmed in our last +argument, § _nec verum est_, even down to § _prædictis nullatenus_. +There it was shown that this is the general opinion of authorities, +and in accordance therewith judgment has been given from time to time +not only in the Sacred Courts, but also in all the other tribunals of +the world, as Matthæus well observes, etc. [Citation.] + +Nor can there be any departure from this opinion in the present case +on the ground that Count Guido did not kill his wife in the act of +seizing her in her flight with her lover, but was indeed content to +carry her before the judge as an adulteress. For it would not have +been safe for him to kill her then; because he was alone and she was +in company of the said lover, a daring young fellow, strong, and well +armed, and accustomed to sinning. And what is more, this lover was +prompt and well prepared to make resistance, lest his beloved +Amarillis should be snatched from him. Likewise she was prompt and +ready to hinder her husband even with a sword she had seized and +drawn, lest her beloved Mirtillo might be offended. Guido should not +therefore be considered to have spared her nor to have remitted his +injury. But lest she might escape into more distant parts where he +could have no hope of the due vengeance, his just and sudden anger +then counselled him to have her arrested by officers, so that he might +kill her as soon as possible; and when afterward a suitable occasion +arose, if he killed her, it should be considered as if he had slain +her immediately. [Citations.] + +And, generally, whatever is done after an interval may be said to be +done incontinently, if done as soon as a chance for doing it was +given. [Citations.] + +But so far is the Law from believing that this kind of injury is +remitted by a husband that it rather believes that the spirit of +vengeance always continues in him. Therefore it comes about that a +wife may be held responsible for looking out for herself; so much so, +indeed, that her death which follows thereupon may never be said to be +treacherous. [Citations.] Muta speaks of the case of a husband who had +his wife summoned outside of the city walls by his son, in order that +he might kill her safely, and yet the husband was condemned only to +the oars for seven years. + +This also makes some difference in the case, that certain authorities +hold that a husband may indeed hide his wife's baseness for the +purpose of taking vengeance upon her safely later on. [Citations.] +Likewise he may have his wife hide his disgrace for the purpose of +taking vengeance securely upon the one who wishes to offend her +modesty, according to the very famous council of _Castro_ 277, _lib._ +2. + +And this is all the more to the point because Count Guido was censured +by the Procurator of the Poor himself, the defender of Francesca and +Canon Caponsacchi, for this appeal to the judge. [Citations.] We have +alleged many of these authorities in our past argument, § _et hæc +nostra_: for they unanimously assert that husbands are considered vile +and horned, if they do not take vengeance with their own hands, but +wait for that to be done by the judges, who themselves ridicule and +laugh at them. Therefore it is no wonder if the luckless husband, +after he had made the said recourse to the judge, as the foolish heat +of his wrath suggested to him, wished to avenge himself for his lost +honour. For he sinned that he might shun the censure of the vulgar and +learned alike, and that he might not add this infamy also to his lost +honour. + +Nor is it at all to the point that the said Count Guido, in his +confession in one place, beside speaking of his injured honour, also +mentions the plots aimed at his life; because the force of honour was +far the stronger in his mind, as he himself asserts (page 678): "In +consideration of the fact that they had taken away my honour, which is +the principal thing." Nor ought any consideration be given the other +cause; because, as it is so much weaker, it should be made to give way +to the aforesaid reason, as was proved in our former argument, § _Et +in omnem Casum_, where for another purpose we have adduced Matthæus +[Citation], who is speaking in these very terms. + +And so far as we desire to give attention to this other cause, it +likewise is sufficient for escaping the ordinary penalty. [Citations.] + +The Fisc acknowledges the relevance of the abovesaid matters; he +therefore has recourse to the circumstances attending the crime, +namely, the assembling of armed men, the lawsuit going on between +Count Guido and the Comparini, the prohibited arms, and finally the +place where the crime was committed. For Francesca Pompilia was +detained in the home where she was killed, as a prison. But a response +is easy because such circumstances can indeed somewhat increase the +penalty of the principal in the crime, but not so much as to raise it +to the highest degree, in such a way that Count Guido and his +associates should come to be punished with death. For we find it +decided in these circumstances as quoted by Muta [Citation]: "A +decision was therefore made in view of the case in general, March, +1617, before his Excellency, wherefrom the ill manner of killing her +was evident; for he had her summoned by her son, and afterward her +body was discovered, which the dogs had eaten outside of the walls. +Leonardus was therefore condemned to the royal galleys for seven +years." And Sanfelici [Citation] says: "And although some of them were +condemned to banishment, it was because of their mutilation of the +privates, a crime for which the Fisc claimed they ought to be punished +by the penalty of the _Lex Cornelia de Sicariis_." + +And Matthæus [Citation] says: + +"When the matter had been more carefully considered in the Council, it +was decided that the husband had proceeded too treacherously in +pretending absence, in taking his brother with him, and in killing +with prohibited arms; because merely by the use of firearms a crime is +rendered insidious with us, etc. And it was accordingly decided that, +because of this excess, he should be condemned to the penalty of exile +for four years and to the payment of 2000 ducats." And this at the +stage of appeal was confirmed [Citation] where we read: "And thus it +was decided in the face of the facts proposed in condemning Francesco +Palomi to the penalty of the galleys for ten years, etc., from the +aggravating qualification of firearms. To the same penalty, Antonio +Alvarez was condemned, who had deliberately killed his wife because +she was playing him false, etc. The penalty was increased because he +was judged to have omitted this earlier, since he did not complain of +mere adultery, but of her living as a strumpet. And she could not do +this without the indifference and connivance of the husband." + +And our reasoning is manifest, because it cannot be denied that Count +Guido and his associates committed all the aforesaid crimes on the +same ground of injured honour. Because just as this excuse should be +considered sufficient for escaping the ordinary penalty for murder, so +likewise it should be considered sufficient for avoiding the other +punishments whatsoever, appointed in the Apostolic Constitutions +against those committing other crimes expressed in the same; as the +principal purpose of the delinquent is always to be attended. +[Citation.] + +So it was declared on this point for the purpose of avoiding the +penalty inflicted in the 75th Constitution of Sixtus V. [Citation], +against those who assembled armed men, whenever these men were +evidently assembled for the purpose of committing some other crime, +such as breaking prison and freeing those detained therein. And three +very celebrated judges of the Sacred Court, namely Coccini, +Blanchetti, and Orani so decided. Their decision is included among +others gathered by Farinacci [Citation], and he testifies that it was +so decided in the full chamber, in which the case was proposed and +examined at the order of Clement VIII. of sacred memory. + +Nor does what he wrote later on to the contrary in aid of the Fisc, of +which he was then Advocate, stand in refutation; Spada. [Citation.] +For this opinion of his was refuted clearly and rejected on the most +substantial of reasons and arguments, [Citations.] + +And in such conditions, for the purpose of avoiding the penalty of the +Banns or Apostolic Constitutions prohibiting the carrying of arms, I +have alleged many authorities in my past argument, § _neque plures_ +[neque vero], and above the rest, Policardus, etc. [Citation], who +fully examines the matter. My honourable Procurator of the Poor +gathers together others in his present argument, § _remanet tandem_. +To these I add, Caballus [Citations], where it says that preparatory +acts are to be included with what was prepared, and he testifies that +it was so decided by the Sacred Council of Naples. + +Likewise, for the purpose of avoiding the penalty set for those +killing one detained in prison, and so remaining in the custody of the +Prince, I have cited many authorities in my past argument, § _similiter +nec aggravari_. To these I now add. [Citations.] + +Nor does it make any difference that Policardus, in the place cited, +and some of the other authorities recently alleged speak of homicide +committed in a quarrel or for self-defence. For the attendant +circumstance of a quarrel relieves one committing crime from the +ordinary penalty of the crime only in so far as it overlooks the crime +in one who, when provoked, wished to be avenged (as Ulpian says), and +insomuch as one swept away by a just indignation is not in the +fullness of his intellect. [Citation.] + +But both of these reasons without doubt stand in favour of the husband +or of any one else committing murder for honour's sake [Citation], +even if they do so after an interval. [Citations.] + +And in these very conditions, one killing an adulterous wife after an +interval is excused because of just anger, which causes him not to be +in the fullness of his intellect, etc. [Citations.] + +Ulpian [Citation] also says: "He ought to be angered with a wife who +has violated his marriage with her, and his wrath should spring from +indignation for contumely when received, and his nature should arise +so that he would drive her from himself in whatever manner he could." +"For it is more difficult to restrain one's anger than to perform +miracles," as St. Gregory says. [Citation.] + +The other authorities, indeed, who speak of persons committing murder +in self-defence with prohibited arms or in prisons should likewise be +in our favour. For the defence of honour in the case of men of good +birth, especially of nobles, is to be likened to the defence of life +itself. [Citations.] And indeed it surpasses life, according to the +words of the Apostle in his first letter to the Corinthians, chapter +9: "Better were it for me to die than that any one should deprive me +of my glory." And St. Ambrose: "For who does not consider an injury to +the body, or the loss of patrimony, less than injury to the spirit or +the loss of reputation?" And the third Philippic of Cicero: "We are +born to honour and liberty; either let us keep them, or die with +honour." [Citations.] + +So that he who spurns his own honour, and does not see to regaining it +by vengeance, differs naught from the beasts. [Citations.] Indeed he +should be considered even more irrational than the very beasts, +according to the golden words of Theodoric. as quoted by Cassiodorus, +which we have cited in our past argument, § _Nec verum est_. +[Citations.] + +Then as to the lawsuit going on between Count Guido and the Comparini +as regards the fraud about the birth, beside what was said recently, I +pray that it again be noticed that the Constitution of Alexander does +not enter where some provocation has arisen from the one injured, as +Farinacci well affirms [Citation] in following a decision of the Rota, +which he places at the end of his counsel. And we have weighed this +heretofore in our past argument, § _absque eo quod_. Such provocation +in the present case resulted from the injury which the said Comparini +inflicted upon this same Count Guido while the lawsuit was pending, +because of their complicity in the said flight and adultery committed +by their daughter on that occasion. + +The other lawsuit which Francesca Pompilia made pretence of bringing +against Count Guido, for divorce, might be omitted. For beside the +considerations offered by my honoured Procurator of the Poor in his +present argument, § _quæ etiam aptantur_, this suit was brought +illegally, because the warning of it, as I suppose, had reached only +Abate Paolo, the brother of Count Guido, who had no authority in this +matter. And this is true especially because it is not proved that the +same Guido had any knowledge of that suit brought, as is now +pretended. + +As to Blasio Agostinelli enough has been written in the former +argument, since he has not been examined anew, and in his former +examination he confessed only that he was present at the said murders, +but that he had no hand in them. So the more rigorous opinion of +Caballus cannot apply to him, who said that such helpers are not +immune from the penalty of murder whenever they kill any one with +their own hands. For the opinion of this author was proved by us to be +erroneous, in our past argument, § _quidquid in contrarium_. + +I might wish to add something to what has been said in the past +argument as to the alienage and minority of Domenico and Francesco; +but it is not yet very clear under what law the Fisc pretends that +they miss these. Therefore I will rest satisfied with this response, +believing certainly that it will not chance that my Lord Advocate of +the Fisc may fashion his own allegations and also respond to ours +without communicating them to me, as happened in the past argument +very greatly to the astonishment of myself and of others. For he and I +both ought to seek the truth and to be advocates of that, as both of +us are officers of the Prince according to the considerations of +Rainaldi. [Citation.] Who indeed desires that anything else than +justice be administered, and especially when dealing with poor +imprisoned wretches? In their cause, piety should triumph, because +they are the treasure of Christ. [Citation.] + + DESIDERIO SPRETI, _Advocate of the Poor_. + + + + +AN ACCOUNT OF THE FACTS AND GROUNDS OF THE FRANCESCHINI CASE + +[PAMPHLET 10.] + + +The property of Pietro Comparini did not amount to more than the sum +of 10,000 or 12,000 scudi, subject to a reversionary interest, coupled +likewise with the obligation to compound a good percentage of the +income. He, therefore, had to live sparingly to avoid being reduced to +a state of destitution, there being a bar against his use of the +capital and of a part of the income. He was also too indulgent to his +stomach and was given to laziness, and furthermore had taken a wife +with a very small dowry. Then lawsuits came upon him, the income of +his bonds was reduced, and other misfortunes befell him, so that he +was brought down to a state poor and miserable enough. So much so that +he was several times arrested for debt and, after making a statement +of his property, received from the Papal Palace secret alms each +month. + +When he found himself in such straits, he decided to marry off +Francesca Pompilia, his daughter, to some person who would undertake +the burden of supporting him together with his wife, Violante Peruzzi, +who was a very shrewd woman and of great loquacity. It was with her +advice that he had undertaken the affair, and the marriage with Count +Guido Franceschini was considered suitable. For when the latter had +conducted his new wife and her parents back to Arezzo, his own +country, he might be able to find some opportune remedy for their +necessities, by the assistance in Rome of Abate Paolo Franceschini his +brother, an active and diligent man; thereby putting in order the +patrimony of Pietro which had been sequestered and tied up by his +creditors. Therefore, when the dowry had been set at twenty-six bonds, +with added hope of future succession to the rest of his property by +virtue of the reversionary interest to which the wife was entitled, +the bargain was accepted. This bargain was advantageous to Pietro and +his wife in freeing them from the straits in which they found +themselves. And it was likewise advantageous to the Franceschini, as +the diligence of the Abate, and some temporary expenditure by their +house well attests. For they might well believe that they would gain +in time the aforesaid property either entire, or little decreased. + +Such from the beginning were the mutual purposes of that unhappy +marriage. From this fact one may see how slight a pretext there is for +saying that Count Guido, while making the arrangements, had tricked +Pietro and his wife by giving an inventory of property with an annual +income of 1700 scudi, which income was later proved to be much less, +because the primary end for which the marriage was concluded might +very well have been obtained by showing a much smaller income. For it +is known that when this inventory was shown by Violante to Pietro +Comparini, he said on seeing it: "Ho, ho, it would have been enough +for me if it had been only half as much." And indeed it would have +been the greatest stupidity in Pietro to have given his daughter a +husband, upon the simple inventory of a foreigner and without finding +out if this were true, so that the real impelling cause of the +marriage had been the resources represented in the said inventory. Not +even on the mere grounds of propriety and civility may Guido be +reproved; because when the said inventory was produced by Pietro in +the trial, the Abate Paolo Franceschini was very much surprised at it, +so that he took his brother to task about it by letter, and Guido +replied that he had done it at the instigation of Violante. For she +desired the completion of the marriage, and, seeing Pietro irresolute, +she induced Guido to give the abovesaid inventory, with some +modifications, for the purpose of stimulating her husband thereto. + +The marriage was finally effected, and they all went back together to +the city of Arezzo. Nor were the Comparini mistreated there, as they +tried to prove by the unauthoritative deposition of a servant, who had +left the house in anger. One mere reading of this deposition is enough +to assure one that she did this with a bad motive and at the +instigation of others, as she herself has declared to various persons. +This deposition shows sickeningly the distasteful prejudice with which +it was conceived, and especially where she says that a little sucking +lamb was made to serve as food for seven or eight persons throughout +an entire week. And there are other matters alike unfit for belief. +[The Comparini] were indeed treated with all consideration and +decorum, as Monsignor the Bishop and the Governor of the city attest; +and they are persons much better qualified to judge and much more +worthy of belief than a malign and suborned servant. But you may also +have the attestation of one who was serving in that household for +thirteen months, during the time when the abovesaid Pietro and +Violante were there, and he is able to tell many particulars of the +good treatment which they received at the hands of the Franceschini. + +It is quite true that disturbances of considerable importance arose in +that household; but they were occasioned by the bitter tongue of +Pietro and the haughtiness of Violante, his wife. For they laughed at +all the proceedings of the Franceschini, and thrusting themselves +forward, with pretence of superiority, they brought upon the mother of +the Franceschini, and upon the rest of the family, bitter vexations, +which were hidden at the time, to avoid violating the laws of +hospitality. And notwithstanding all this, when Pietro and his wife +decided to return to Rome, as soon as they expressed their wish, they +were provided with money for the journey, and in Rome with furniture +to put in order the house they had left. + +As soon as Pietro and Violante arrived in Rome, a judicial notice was +dispatched at the instance of Pietro, in which he declared that +Francesca Pompilia was not really his daughter, and that therefore he +was not bound to discharge his promise of dowry. To prove this fact, +he brought the attestation of his wife Violante. In substance, she +declared that for the purpose of keeping her husband's creditors from +their rights, by virtue of the reversionary interest, and also for the +purpose of enjoying the income of the bonds, she had feigned that she +was pregnant, and then, with the aid of a midwife, that she had +brought forth a daughter. This was Francesca Pompilia, who had come of +a most vile parentage. + +From this blameworthy act made public so suddenly throughout the +entire Court, there necessarily arose in the Franceschini an intense +hatred toward the authors of it. But they were able to restrain +themselves from the due resentment in the hope that if Francesca +Pompilia were not indeed the daughter of Pietro and Violante, as was +supposed at the time of the espousal, the marriage might be annulled +and they might thus purge themselves of such a blot on their +reputation. Witnesses of this feeling of theirs are found in the many +authorities and experts who were requested by the Franceschini to give +thought to that point and to express their opinion of it. But as these +did not agree, the Franceschini were unwilling then to commit +themselves to so doubtful an undertaking, in the prosecution of which +they would necessarily be obliged to presuppose and confess that she +was not the child of the Comparini. But by such a confession they +would be prejudiced in their interest in the dowry. And therefore they +thought well then to pass the matter by that they might avoid exposing +themselves to the danger both of losing the dowry and of being unable +to nullify the marriage. + +Nevertheless they opposed the notice, and obtained for Francesca +Pompilia the continuance in quasi-possession of her daughtership and a +decree for the transfer of the dowry bonds. But Pietro appealed from +the decree, and the case was continued in the _Segnatura di +Giustizia_. This was followed by the copious distribution of pamphlets +throughout Rome, which had been printed by Pietro to the very grave +injury of the honour of the Franceschini, not to say to their infamy. +But the latter were able to restrain the just resentment of their +irritated minds by cherishing the hope of making the court acknowledge +(as did follow), no less the falsehood of their adversaries than their +own truth. Supported by this hope, they subsequently bore with all +patience the many insults planned against them by various cliques, and +the twists and turns for hindering the transfer of the dowry bonds, +the Comparini having trumped up various creditors, whether real or +pretended. On account of this opposition, the Franceschini were made +to feel the inconvenience and expense of that transfer. Nor have they +had any benefit of the income; of which they have been able to obtain +not even a two months' payment. + +To such a pitch had the affairs of the two parties come, when Guido, +waking up one morning, found that his wife was not in bed. As soon as +he arose, he found that his jewel-box had been rifled and his wife had +fled. Nor was the suspicion lacking that she had given an opiate to +Guido and the entire household the preceding evening; and it was +thought that this had happened at the suggestion of Pietro and +Violante, as he had more than once heard threats of it. He travelled +quickly along the way to Rome, and after a headlong journey he +overtook his fugitive wife, in company with Canon Caponsacchi of +Arezzo, at the inn of Castelnuovo. And as he was alone and unarmed, +and they were armed and resolute, he saw that he was unequal to +avenging that excess. He therefore thought it well to have them +arrested by applying to the authorities of the said place. The court +had both of the fugitives captured by the police. They were consigned +to the jurisdiction of Monsignor the Governor of Rome, and were then +conducted to the New Prisons. + +The Fisc, indeed, makes much out of the particular that Franceschini +should have avenged his insults in the act of overtaking them; but, as +an adequate response, one should think of the impossibility of his +carrying out his revenge because of their precaution in the matter of +arms, for Franceschini had heard along the way that the fugitives were +travelling armed. In proof of this, also, when his wife saw her +husband she had the hardihood to thrust at his life with bare sword. +For this reason it was prudent moderation to check their flight then +by arresting them. And this was all the more true because the adultery +of his wife had not then been proved, and possibly he had a repugnance +against imbuing his hands with the blood of her whom he had often held +in his arms, as long as any hope was left alive of regaining his +reputation in any other way than by her murder. + +But afterward there were found the mutual love-letters of the same +fugitives, barefaced and immodest and preparatory to flight. And from +the cross-examination of the driver it became evident that during +their journey in the carriage they had done nothing else than kiss +each other impurely. And from the deposition of the host at +Castelnuovo, Guido found out that both of them had slept in the same +chamber. Finally, from the sentence or decree of the court in +condemnation of the Canon Caponsacchi to banishment to Civita Vecchia +for three years, for "having carnally known Francesca," the notoriety +and publicity of this adultery followed. Let any one who has the sense +of honour consider in what straits and perturbations of mind poor +Guido found himself, since even the very reasonless animals detest and +abominate the contamination of their conjugal tie, with all the +ferocity that natural instinct can suggest. They not only avenge the +immodesty of their companions by the death of the adulterer, but they +also avenge the outrages and injuries done to the reputation of their +masters. For Elian in his Natural History tells of an elephant which +avenged adultery for its master by the death of the wife and the +adulterer found together in the act of adultery. And there are other +examples also, as Tiraquelli cites. [Citation.] + +But returning to the series of events, it must be stated that, after +the imprisonment of the fugitives, Guido also came on to Rome and was +deeply affected and, as it were, delirious because of the excesses of +his wife. He was comforted by his good friends with the hope that this +attempt at flight, taken along with the lack of decent parentage of +Francesca (under supposition of which he had contracted the marriage) +would facilitate the dissolution of that marriage, and in that way +all the blots upon his reputation would be cancelled. Hence, with this +hope he returned to his own country, leaving the management of the +affair to the Abate, his brother. The Secretary of Sacred Assembly of +the Council may be a witness of this; for Abate Paolo presented the +matter to him and entreated him to propose, in that sacred assembly, +this point of law as to the validity of the marriage then--that is, +after a criminal sentence in the Tribunal of Monsignor the Governor, +had been obtained. + +In the meanwhile the same Abate attended to the plan of petitioning +the conclusion of the said criminal cause. When Pompilia, to avoid +conviction by the love-letters, had recourse to the falsehood that she +did not know how to write, it was easy for the Abate to convict her of +that lie by showing the marriage agreement signed with her own hand, +as well as by a Cardinal now dead, by means of the recognition of the +handwriting. But in spite of this, when the merits of the case had +been made known everywhere, the same Abate perceived that instead of +his being pitied, little by little every one began to laugh at him and +to deride him, as he has told several persons. Perchance the attempt +was being made to introduce into Rome the power of sinning against the +laws of God with impunity, along with the doctrine of Molinos and +philosophic sin, which has been checked by the authority of the Holy +Office. So many persons would desire to blot out from the minds of men +their esteem of honour and of reputation in order that they might sin +with impunity against the laws of men and might give opportunity to +adulterers without any check from disgrace or shame. + +And it is certain that the Abate, seeing the cause unduly protracted, +had just grounds for placing it at the feet of our Lord [the Pope], +with a memorial in which he declared that he could no longer endure +such important and such various litigation and vexation arising from +that luckless marriage, and he prayed that a special sitting be +appointed for all the cases--that is the ones concerning her +daughtership, her flight, her adultery, the dowry, and others growing +out of the marriage as well as the one concerning its annulling. But +he had no other reply than: "The matter rests with the Judges." So, +with devout resignation to His Holiness, he awaited the outcome of the +said criminal trial, from which he hoped to regain, at least in part, +the reputation of his house. + +In the meantime, Pietro Comparini was supplied with plenty of money +by the generosity of some unknown person, possibly a lover of the +young girl. He vaunted his triumph boldly in the throngs and the +shops, places of his accustomed resort, and he praised the resolution +and spirit of his daughter for having known how to trick the +Franceschini with a disgraceful flight and with the thievery of such +precious things, and for having found an expedient to give to the +judge in the trial such good replies with all details thereof. He also +boasted that in a little while she would return to his home despite +the Franceschini. For he would bring so many lawsuits and scandals +upon them that they would be forced to be silent and to let matters +run on. For these statements we can have the attestations of many +persons, in case they are needed. Therefore, because of such stinging +boasts and such irritations, the mind of Guido was ever more +embittered in spite of all the power he could master for restraining +the impetus of his anger which had been provoked by such injuries. + +Francesca Pompilia had been previously transferred from the prisons +into the Refuge called _della Scalette_, where she stayed for some +months. Then it was discovered that she was pregnant, and many +attempts were made to secure an abortion. For this purpose, powders +and other drugs were given several times by the mother. As this proved +useless, she was remanded to the home of Pietro and Violante on the +pretext of an obstruction and the necessity of relieving herself. +There, at the approach of the physicians, her pregnancy was +discovered. The truth is, that when her womb began to grow, the nuns +did not wish for her confinement to take place within their walls, and +therefore a pretext was found for removing her on the grounds of the +said obstruction and the necessity of removing it. + +Now at this point the Abate found it necessary to break the bonds of +his forbearance: for although it was indirectly that he was offended, +that is, in the person and honour of his brother, nevertheless it +seemed to him that every man's face had become a looking-glass, in +which was mirrored the image of the ridicule of his house. Therefore, +being humiliated, though he was strong and constant in other matters, +he often burst into bitterest tears, until he felt very much inclined +to throw himself into the river, as he indeed declared to all his +friends. And to free himself from such imminent danger, he decided to +abandon Rome, the Court, his hopes and possessions, his affectionate +and powerful patrons, and whatever property he had accumulated during +thirty years in the same City. Any one may imagine with what pain he +parted from these and went to a strange and unknown clime, where he +would not meet the fierceness of his scorners, who had been merited +neither by himself nor his household. + +But the injury of Guido, arising from a sharper and severer wound, +within his very vitals as a husband, had the power to arouse his anger +even to the extreme. Nor did he consider it sufficient redress to +punish himself with voluntary exile for the crimes of others; for such +a resolution might be considered by the world as a plain proof of his +weakness and cowardice. He soon had sure information that, during the +month of December, Pompilia had given birth to a boy in the home of +the Comparini, which child had been intrusted secretly to a nurse. He +also heard that the infamy of the friendship with the said Canon had +been continued, inasmuch as he was received as a guest into the said +home (as was said). For like a vulture, Caponsacchi wheeled round and +round those walls, that he might put beak and talons into the desired +flesh for the increase of Guido's disgrace. Guido accordingly felt the +wildest commotion in his blood, which urged him to find refuge for +himself even in the most desperate of determinations. + +In the meantime he turned over again and again, as in delirium, his +sinister thoughts, reflecting that he was abhorred by his friends, +avoided by his relatives, and pointed at with the finger of scorn by +every one in his own country. And the word went abroad that in Rome +they were selling his reputation at an infamous market. (This matter +has moved the treasurer of the Convertites, since the death of +Pompilia, to begin proceedings and to take possession of her +property.) Added to the above were the continual rebukes which he +received because of his lost honour, so that he became utterly drunk +with fury. He left Arezzo with desperate thoughts, and when he had +reached Rome he went to that home which was the asylum of his +disgraces. Nor could he have any doubt how much the very name of the +adulterer was respected; for when Guido made pretence of delivering a +letter of his sending, the doors were immediately thrown open; and so, +scarcely had he set his foot upon the threshold, before he saw his +dishonour proving itself before his very face; of which dishonour he +had heretofore had only a distant impression in his imagination. Then +bold and triumphant, he no longer feared to upbraid her with unmasked +face for all the insults which had been inflicted upon his honour in +that household; and as he looked all around at those walls incrusted +with his heaviest insults, and with his infamy, the dams of his +reason gave way and he fell headlong into that miserable ruin of +plunging himself with deadly catastrophe into the blood of the +oppressors of his reputation. + +There is no doubt that Franceschini has committed the crime of a +desperate man, and that his mind, when it was so furious, was totally +destitute of reason. As he had lost his property, his wife, and his +honour, there was nothing else for him to lose unless it were his +miserable life. For, as Paolo Zacchia, the learned philosopher and +jurist, says in speaking of anger in man: "Such and so great is its +force that it does not differ at all from insanity and fury." Galenus +very clearly affirms this, adding that when in law it is known that +crimes are committed in such a state, they are punished with a smaller +penalty, even though it has to do with the very atrocious crime of +parricide. Calder [Citation] also gives many other matters on our +point in No. 27 and the following numbers. And these theoretic +propositions are verified in actual practice in Guido; for he was so +utterly mad and void of reason that he entered upon so great an +undertaking even at an hour of the night when many people were around. +And after that he took no precaution, such as any other person of +sound mind would have taken in governing his actions. He set out by +the high road on his journey of about seventy miles from the outskirts +of the city without providing any vehicles, as if he were merely a +traveller leaving Rome. These circumstances are plain evidences of an +offended and delirious mind. [Citations.] St. Jerome writes in his +letters: + +"Where honour is absent, there is contempt; and where contempt is, +there is recurring insult; and where insult, there indignation; and +where indignation, there is no quiet; and where quiet is wanting, +there the mind is often thrown from its balance." + +Nor in this case does the legal distinction enter as to whether the +one driven by anger committed the crime in the first impulse of anger, +or after an interval of time. For this distinction might have a place +when the anger arose from an insult in some transitory deed, and one +that was not permanent. But in the case we are treating, the insult +provocative of anger consisted of frequent and reiterated acts; that +is, not so much in the passing of the wife from the nunnery to the +home of Pietro under an empty and ridiculous pretence, but still more +from her staying in the said home with the aggravating circumstance of +his own infamy (as has been said above). Accordingly, as the injury is +permanent because of the continual affronts which the injured one +received, so the vengeance is understood to be taken immediately and +without any interval. This the defenders of the cause have +sufficiently proved in their no less erudite than learned writings +with their very strong arguments and their unsurpassable learning. + +Nor does it amount to anything for one to say that the crime was +aggravated, first, by the kind of arms used; for Virgil [A. I. 150] +says: _Furor arma ministrat_; nor, secondly, by the company of four, +or let us say the conventicle; nor, thirdly, by the place, the excess, +or the other circumstances considered by the Fisc. For in a madman, +everything is excusable, as it is axiomatic and a very sure principle +that nature then arises in such a way that it drives a man from +himself, in whatever manner is possible, etc. In conformity therewith, +Fracosto speaks as follows: "And in truth an ingenuous mind, and one +that knows the value of its own honour and reputation, is very +painfully offended in a part so sensitive and so delicate; and at such +a time reaches the limit of madness and of desperation; for it has +lost the light of reason, and in delirium and frenzy cannot be +satisfied even if it succeed in turning upside down, if that were +possible, the very hinges of the Universe, for the purpose of +annihilating not merely the authors but the places and the memory of +its insults and shames." For "the rage and fury of a man does not spare +in the day of vengeance, nor does it grant the prayers of any, nor +does it accept in requital many gifts," as the Holy Spirit speaks on +this point, through the mouth of Solomon, in the sixth chapter of +Proverbs, at the end. With this very well agrees what St. Bernard has +very learnedly written in his letter to his nephew Robert at the +beginning: "Anger indeed does not deliberate very much, nor has it a +sense of shame, nor does it follow reason, nor fear the loss of +dignity, nor obey the law, nor acquiesce in its judgment, and ignores +all method and order." + +There is no doubt that Samson reached this pitch when he fell into the +power of his enemies. He suffered with an intrepid mind the loss of +his eyes and other grievous disasters, but when he saw that he was +destined to serve as a pastime in public places, and when he there +heard the jeers and derision of the people, the anger in his breast +was inflamed, so that, all madness and fury, he cried out: "Let me die +along with the Philistines." And giving a shake to the columns which +sustained the palace he reduced it to ruin: "And he killed many more +in his death than he had killed while alive," as the Holy Scripture +testifies. And Christ himself, although he was very mild, and had the +greatest patience while receiving opprobrium and insults without ever +complaining, yet answered, when he knew that his honour was touched, +"My honour I will give to no one." And it is certain that any one who +cares for honour and reputation would rather die an honoured man +beneath _mannaia_ than live for many ages in the face of the world +with shame and dishonour. + +This argument, strong as it is, has succeeded in weakening one wise +and earnest adherent of the Fisc. And this is why the very learned pen +of Monsignor of the Fisc has uttered the following period, which says: + +"But because the Comparini claimed that the furnishing of food to +Francesca while in prison was the duty of Franceschini, and the latter +declared that it belonged to the Comparini, the Most Illustrious and +Reverend Lord Governor, after having the consent of Abate Paolo, own +brother of Guido, and his representative in the case, assigned the +home of the same Comparini to Francesca as a safe and secure prison +under security." But this fact can be clearly explained so that it +will not form an objection. + +When Francesca Pompilia was about to be taken from the prison to the +nunnery, Abate Franceschini was asked to provide the food, with the +statement that if he refused there would appear a third and unknown +person who would assume the burden of it to their dishonour. Therefore +the Abate wished once for all to put an end to any chance of receiving +new insults; and to avoid every charge of preserving even the +slightest sign of relation with this disgraceful sister-in-law, +accepted a middle way proposed to him, namely, that Lamparelli, as +Procurator of Charity, should make provision for it by the +disbursement of his own funds and should pay it back again by what +reasonably belonged to the Franceschini; for he reimbursed himself for +it with the money which had been found upon the fugitives, and which +had been stolen from the husband; at her capture, this money was +placed on deposit in the office, where there remained so much of it +still that, after all was over, the balance of it was consigned to the +same Abate. + +And as when the said Francesca was transferred from the nunnery to the +home of Violante, all the preceding and succeeding circumstances made +it very improbable that the Abate gave his consent, and as this +consent is not found registered among those acts, it seems very clear +that it was not given at all. Nor could he legally give it, for he was +not the representative of his brother in that matter; for his +authorisation confined him solely to the power of receiving back the +money and other things which were deposited in the office. This is +proved by his acts and by the story which the Abate then gave to his +friends and relatives; and it utterly destroys the assertion of the +Fisc, since Abate Paolo says that he was indeed notified that the +young woman was obliged to find relief in an indisposition, certified +by a physician, and that she was obliged to leave the nunnery and to +go back to her father's home. To this, as it seemed a mere pretence, +he replied that he could easily undertake to purge the wife in the +nunnery without exposing her to such evident danger of greater shame. +He also said that he wondered very much that the affection of a father +had so suddenly returned in Pietro Comparini for Pompilia, whom he and +his wife had so often denied as their daughter. He wondered how they +could both be, and not be, the parents of the said woman, according to +their own desires to the injury of the house of Franceschini. + +And if the solicitor, for the purpose of giving colour to the honour +of the said lady, has falsely urged many justifications, it is to be +noted that in substance all that he says on that point is founded on +what with her own mouth she has said in her own favour and what she +has proffered to free herself from the blame of her sins, both at this +juncture and in the flight, as well as in the trial which may be +referred to; in fact, quite the contrary is evident; and from the +external tests which the Convertites intended to make, but from which +they abstained when they heard the news of the birth of the son. And +would that it had pleased God that she had observed the laws of holy +modesty! for in that case so great a misfortune would not have +resulted from her whims. We should notice, further, that the +declaration made by the wife in the face of death may be doubtful in +itself, in the sense that after confession and absolution one's sin is +cancelled as if it had never been committed, so that in a court of +justice she would no longer have any need of pardon. Therefore, from +the above-cited circumstances and very strong reasons, there is no +room to doubt that Franceschini deserves the indulgence which the laws +give to excesses that find origin from the stings of honour. And, if +we were within the circumstances under which the case ought to be +adjudged according to expediency, without any hesitation, Franceschini +should be punished mildly to diminish the force of immodesty and +impudence. For the woman is not without adherents, who triumph +throughout all Rome in a coterie of treachery, both in public and in +private. This is for the oppression and derision against husbands who +have regard for their reputation. And they give the title of pedantry +to that circumspection which one ought to practise for the +preservation of his own honour. + + + + + [File-title of Pamphlet 11.] + + + _By the Most Illustrious and Most + Reverend Lord Governor of the + City in Criminal Cases:_ + + _ROMAN MURDER-CASE + with qualifying circumstance._ + + _For the Fisc, against Count Guido Franceschini + and his Associates._ + + _Summary._ + + + _At Rome, in the type of the Reverend Apostolic Chamber, + 1698._ + + + + +SUMMARY + +[PAMPHLET 11.] + + +No. 1.--_Bond given by Francesca Pompilia to keep her home as a +prison._ + + October 12, 1697. + +Before me, etc., Francesca Pompilia, wife of Guido Franceschini of +Arezzo, was placed at liberty, etc., and promised, etc., to keep to +this home of Pietro (son of the former Francesco Comparini), etc., +situated in Via Paolina, as a safe and secure prison, and not to leave +it, either by day or by night, nor to show herself at the doors or +open windows, under any pretext whatsoever, etc., with the thought of +having to return again to prison, etc. And after she has recovered her +health to present herself at any time whatsoever, etc., at every +command of the Most Illustrious and Most Reverend Lord Governor of the +City; for the cause concerning which there was argument in the trial, +etc., from proofs that may arise, whether new or not new; under the +penalty of 300 scudi, laid by the Reverend Apostolic Chamber in the +case, etc. + +This is followed by the surety in due form, + + NOTARY FOR THE POOR. + + +No. 2.--_Certificate of the Baptism of Francesca Pompilia._ + +I, the undersigned, certify, etc., as is found in the baptismal +record, page 152, the particulars given below, namely: + +July 23, 1680. I, Bartolomeo Mini, curate, have baptised the infant +daughter born on the 17th of this month to Pietro Comparini and +Violante Peruzzi, who live in this parish. To her the following name +was given: Francesca Camilla Vittoria Angela Pompilia, etc. In pledge +of which, etc. + +Rome this 9th day of February, 1698. + +Thus it is, Pietro Ottoboni, Curate of San Lorenzo in Lucina. + + +No. 3.--_Letter of Francesca, Pompilia, written in the prison of +Castelnuovo to her parents._ + +My dear Father and Mother: + +I wish to inform you that I am imprisoned here in Castelnuovo for +having fled from home with a gentleman with whom you are not +acquainted. But he is a relative of the Guillichini, who was at Rome, +and who was to have accompanied me to Rome. As Guillichini was sick, +and could not come with me, the other gentleman came, and I came with +him for this reason, because my life was not worth an hour's purchase. +For Guido my husband wished to kill me, because he had certain +suspicions, which were not true, and on account of these he wished to +murder me. I sent you word of them on purpose, but you did not believe +the letters sent you were in my own hand. But I declare that I +finished learning how to write in Arezzo. Let me tell you that the one +who carries this was moved by pity and provided me with the paper and +what I needed. So as soon as you have read this letter of mine come +here to Castelnuovo to give me some aid, because my husband is doing +all he can against me. Therefore if you wish your daughter well, come +quickly. I stop because I have no more time. May 3. + +Directed to Signor Pietro Comparini, my father, Via Vittoria, Rome. + + +No. 4.--_Another letter of the same person, in which she calls the +Canon to task for dishonourable advances._ + +I give you infinite thanks for the octaves which you have sent me. All +of these are the very contrary of the Rosalinda, which was as +honourable as these are immodest. And I am surprised that you who are +so chaste have composed and copied matters so immodest. I do not want +you to do in everything as you have done in these books, the first of +which was so very nice; while these octaves are quite the contrary. I +cannot believe that you, who were so modest, would become so bold, +etc. + + +No. 5.--_Portions of the will of Pietro Comparini._ + +As to each and all of my properties, etc., I appoint, as my +usufructuary heir, my wife Signora Violante Peruzzi, etc. And when +she dies I appoint in her stead, in the said usufruct of my entire +estate, Francesca Pompilia, wife of Signor Guido Franceschini of +Arezzo. And I do so because of her good character and because for a +long time, yes, for many years, I looked upon her in good faith as my +daughter, and thought that Signora Violante, my wife and myself were +her parents. Then I found out that both she and I were tricked in that +belief, thanks to the vanity of the schemes, unfortunately conceived +by my said wife, to make me believe in the birth of the same daughter. +And because of a scruple of conscience after the marriage of Francesca +Pompilia, this fact was revealed to me by Signora Violante my wife. +And this pretence of birth was found by me to be a fact because of the +information of it from persons worthy of credit. + +All this I grant, therefore, on the condition that the said Francesca +Pompilia seek again her own city and stay here in Rome, etc., in which +city I hope she will live chastely and honestly, and will lead the +life of a good Christian. But if she do not come back to this city, or +if when she has come back she live with shameless impurity (and may +God forbid that), I wish that she be deprived of the said usufruct of +my estate and that opportunity be given for a substitution in favour +of the heir mentioned below, as proprietor, etc. Because thus, etc., +and not otherwise, etc. And because the chance might arise that she be +left a widow, or that her marriage be dissolved, since a lawsuit is +going on, which was brought before Monsignor Tomati by the Olivieri as +to her relation as child, and if the said Francesca wish to marry +again, or become a nun, I am willing that she separate from my estate +as much as 1000 scudi for the purpose of remarrying or becoming a nun, +if she shall so please. And I advise her not to marry again, lest she +subject herself a second time to other deceptions. Still further, I +give her the power to leave by will 200 scudi more of my estate. And +in the event that Signor Guido die first, whereby there would come +about the restitution to the said Francesca Pompilia, etc., of the +money received by Signor Guido, to the sum of about 700 scudi, etc. +(which I think would be at least very difficult, if not impossible, +because Signor Guido is wretchedly poor and his family is very poor), +I wish that these moneys be not counted against the said Francesca +Pompilia in said 1000 scudi, much less in her power of making a will, +because then, etc. + + +No. 6.--_Authorisation for the management of his affairs made by Guido +Franceschini to the person of Abate Paolo, his brother._ + + _October 7, 1694._ + +Guido, son of the former Tomaso di Franceschini of Arezzo, of his own +will, etc., made and appointed, etc., to be his true, etc., +representative, etc., special and general, etc., Abate Paolo +Franceschini, his own brother, now living in Rome, etc., for the +purpose of carrying on and defending, in the name of the said +Constituent, all lawsuits and causes, civil or mixed, already brought +or to be brought for any reason whatsoever, and against any persons +whatsoever, anywhere, and especially in Rome, whether as plaintiff or +defendant before any judge, either ecclesiastical or secular, whether +before the Congregation or Tribunal, and before one or both, to give +or receive charges, or to contest lawsuits, to take oath as regards +the calumny, and to furnish whatever other testimony is lawful, etc., +and to carry on and obtain each and all other necessary matters, in +the same manner and form as the Constituent could, if he were present, +and as seems well pleasing to the said Procurator, etc., promising, +etc., and demanding, etc. + +I, Joseph, etc., de Ricii, Notary Public, etc., of Arezzo was asked, +etc., in pledge whereto, etc. + + + + + [File-title of Pamphlet 12.] + + + _By the Most Illustrious and Most + Reverend Lord Governor of the + City in Criminal Cases:_ + + _For the Fisc, against Count Guido Franceschini + and his Associates, Prisoners._ + + _Response of The Procurator General + of the Fisc._ + + + _At Rome, in the type of the Reverend Apostolic Chamber, + 1698._ + + + + +ROMANA EXCIDII + +[PAMPHLET 12.] + + +Most Illustrious and Most Reverend Lord: + +Why should we waste time in disputing the point whether adultery +committed by Francesca Comparini with Canon Caponsacchi, as is claimed +by the other side, is sufficiently proved? For in our first +information [Pamphlet 5] as to the law and fact in the case, we have +already declared that judgment was given in the _Congregation_ only +for the penalty of banishment to Civita Vecchia against the abovesaid +Canon, and of retention in the nunnery against Francesca, because of +the very lack of proof of the said adultery. And this is quite right +in law, because neither the Canon himself nor the said Francesca have +confessed, much less been convicted of it; and because the +suppositions brought on the other side are trivial and equivocal. But, +even if these latter had been weighty and very urgent, they would not +have been enough to establish conclusive proof, but at the most could +only lead the mind of the judge to place some minor punishment upon +them arbitrarily, as Farinacci testifies. [Citation.] + +Therefore there should be strict insistence on behalf of the Fisc upon +the point that Guido Franceschini had not the right to kill, after an +interval, his wife, whom he had not taken in adultery nor in base +conduct, without incurring the ordinary penalty of the _Lex Cornelia +de Sicariis_. For in our former writings, § _Alii vero_, we have +proved by the strength of many distinguished authorities that a +husband who kills his wife after an interval is not excused from the +said penalty. + +Now that this fundamental assertion [in their argument] is overthrown, +we declare that the rights of the Fisc cannot at all be controverted +in the case with which we are dealing, since the authorities alleged +by the Defence, who excuse a husband from the ordinary penalty, speak +in the case of simple murder; and they ought not, accordingly, to be +extended to a case made still graver by qualifying attendant +circumstances. And for this reason, because the penalty cannot +possibly be the same, when the crime is greater in the one case than +in the other. [Citations.] + +Nor for the purpose of overthrowing this fundamental idea of the Fisc +can the objection be made that all the qualifying and attendant +circumstances, which have been brought together in behalf of the Fisc, +should have no consideration, because they tend toward and are +preordained for the end had in mind; for the end and intention of +Count Guido was directed toward the murder of his wife and the +vindication of his honour. But one can well understand how fallacious +this argument really is, from what I have already written in § _Prima +enim_ together with the one following, and § _secunda qualitas_ and +_si ergo_. There we have proved that the learned authorities who can +be adduced by the other side speak and should be so understood when +the end is licit and not prohibited by law, or else when some +qualifying circumstance, through the force of particular Constitutions +or Banns, does not establish some further capital crime, distinct and +separate. And this is true whether the preordained end in the mind of +the delinquent follow or do not follow. + +But in our case, from what has been conceded by the lawyers for the +Defence, the husband is not permitted by law to kill with impunity his +wife, after an interval, for adultery. But he is permitted by law to +slay the vile adulterer and his adulterous wife only when taken in +adultery. How then can these authorities be applied to our case? For +they hold good and find a place for themselves only in a case +permitted by law. In these circumstances speaks Laurentius Matthæus +[Citation], who is cited by the other side, where in his setting forth +a case we may read: "The adulterer and adulteress were slain in the +home of the husband, although in that case the husband did not escape +unpunished, because he had used firearms." + +Nor does it hold good in law and practice that the bearing of arms is +included along with the crime committed. Not in law, as we have +affirmed in our other argument § _si ergo_; nor in practice, because +in all the tribunals of the entire Ecclesiastical State, it is held +that even when murder in a rage has been committed, if it has been +committed with the arms which are prohibited under the capital +penalty, especially if these arms come into the possession of the +Court, a more severe penalty is inflicted. And murders which should +suffer a lighter penalty because they were done in anger are condemned +under the ordinary penalty because of the carrying of such arms. +Farinacci and Guazzini testify that this has been the practice in the +Ecclesiastical State while this Decree has held good. [Citations.] + +Still less applicable are the other authorities, who were adduced to +escape the order of the Constitution of Alexander. For although it is +true that for this crime the penalty threatened by the same decree +does not enter, unless these three matters are concurrently present, +namely craft, the occasion of a lawsuit, and the fact that no +provocation has arisen (as Farinacci holds [Citation]), yet in our +case, all of the abovesaid concur. As to the craft, there can be +little doubt, since by the very confession of the Defendants we have +knowledge of the preceding discussion and deliberation for committing +the murders. And Decian and others affirm the charge of craft may +arise from such a discussion. [Citations.] + +The presence of a lawsuit is likewise undoubted; because, on the +representation of Pietro Comparini, suit was not only brought before +Judge Tomati as to the dowry promised and the goods subject to entail, +for the exclusion of the said Guido Franceschini and Francesca his +wife, but also a sentence favourable to the said Franceschini has been +handed down by the same judge. + +But still further we may gather, from the confession of Franceschini +himself, that the provocation whereby he was moved to kill his wife +arose because of the pretended adultery; on this point the counsel for +the defence have principally insisted. Nor can they deny that this +same cause was introduced in the criminal prosecution in the presence +of the judge by the same Franceschini. It is quite necessary, then, to +acknowledge that this ought to justify the application of the penalty +of the Alexandrian Bull; for this decree speaks in civil as well as +criminal cases, as is evident in the fourth paragraph of the same +Bull, where we read: "That successively in future times forever, each +and all persons, ecclesiastical and secular, of whatever quality, +dignity, state and grade of rank and prominence, in their own causes +under benefit of clergy or secular, also in criminal and mixed cases, +whether now before this Court or pending for the time, their +adversaries, or those following or helping them, or the Advocates or +Counsel of them." And also in the place where we read: "If mutilation +of limb, or death (which God avert) follow, they incur _ipso facto_ +beside the loss of their right and case, the sentence for the outraged +majesty of the Law." + +We believe we have sufficiently canvassed these matters with galloping +pen (there being but a brief three hours) to prove clearly that the +foundations of the Fisc affirmed in our former writings still stand +fast, in spite of what has been recently deduced by the opposition so +fully and so learnedly, but without legitimate proof. + + F. GAMBI, + _Procurator General of the Fisc and of the + Reverend Apostolic Chamber_. + + + + + [File-title of Pamphlet 13.] + + + _By the Most Illustrious and Most + Reverend Lord Governor of the + City in Criminal Cases_: + + _ROMAN MURDER-CASE + with qualifying circumstance_. + + _For the Fisc, against Count Guido Franceschini + and his Associates._ + + _A reply in matters of law, by the Lord + Advocate of the Fisc._ + + + _At Rome, in the type of the Reverend Apostolic Chamber, + 1698._ + + + + +ROMANA HOMICIDIORUM + +[PAMPHLET 13.] + + +Most Illustrious and Most Reverend Lord: + +In the beginning of his recent information, my Lord Advocate of the +Poor has criticised as unjust the decree of this Supreme Tribunal, +which inflicted the torture of the vigil upon Count Guido Franceschini +and his associates, for the purpose of getting confession of that most +horrible crime committed by them. Hence he claims that those +confessions, given under the fear of it and ratified after it was over +(as is the custom), cannot do the Accused any harm. He attempts, +indeed, to deny the justice of the said decree, not merely because of +the absence of the quality of special atrocity (as required by the +decree of Paul V. of sacred memory for the reformation of the +tribunals of the City), but also from the fact that the death penalty +cannot be demanded for the crime under discussion. And this he claims +is so (in spite of the unusual powers for ordering the torture of the +vigil granted to this Tribunal) lest there may be greater harshness in +the course of the trial than in the penalty itself. [Citation.] + +In the end of this said recent information, he also criticises me +because, to the very great wonder of himself and others, I have failed +in my duty of seeking the truth in that I have made certain +allegations in the defence of the rights of the Fisc, which I have not +communicated to him. I thought he had complained quite enough about +that orally, so that he might have spared us his new complaint. But it +was not my duty to tell them to him, just as his informations, which +he made for the Defence (very learned indeed in their way), have never +been made known to me by him. But I assert only this, that I have paid +the price of much labour, lest I may seem to have failed in my office +and in the reverence with which I attend upon my Lord. + +Passing over, therefore, my own personal apology, I go on to vindicate +the decree of this Tribunal from the injustice charged against it. I +also omit proof of the quality of the crime as to whether it may be +considered very atrocious, for I have abundantly argued this point in +my past response, § _Sed quatenus etiam_, with the one following. +For I showed that this quality could be sustained because of the +attendant circumstances which exasperated and raised the crime to the +outraging of the majesty of the law, according to the provisions of +the Apostolic Constitutions and the General Banns. I think it is quite +enough in my present argument to show that for this offence the death +penalty should be demanded. I hope to accomplish this with little +difficulty, since from the very kind of severe torture decreed, by +judges of such integrity, the applicability of this said penalty is +pre-supposed. And so since nothing new, whether in fact or in law, can +be brought, which has not been already examined in relation to the +cause for decreeing the torture, now that the confession of the +Accused has followed it, it is the duty of the Judges to pronounce the +execution of the well-deserved penalty, which has been long expected +by every one. + +I have said that nothing new is brought by the defence, since their +special attempt consists in repeating the plea of injured honour +because of the pretended adultery committed by the wife of Guido, with +the help and conspiracy of her parents, who were barbarously +slaughtered along with her. This plea is offered for the purpose of +exciting the pity of my Most Illustrious Lord, and the Lords Judges, +in order that Guido and his associates may be punished more mildly, +according to the authorities adduced on that point in their first +information, § _hoc stante_, together with the one following, and § +_Prædictis nullatenus_, likewise with the one following; and in the +present information, § _Verum et socios_. But the same response +recurs, that for the Accused this exception on the plea of pretended +injury to honour can afford no refuge, because this plea has no +foundation in fact and is irrelevant in law. + +For what difference does it make even if the mere strong suspicion of +adultery is enough to excuse vengeance taken immediately by a husband +against his wife or her lover? If she were found either in lustful +acts, or in those preparatory thereto; then because of such a sudden +grievance excited thereby, which provokes a man to anger, the penalty +should very often be tempered according to the nature of the case and +the persons. But it is quite certain that to escape the ordinary +penalty of the _Lex Cornelia de Sicariis_ for the murder of a wife +committed after an interval, the mere suspicion of adultery, however +strong, is not enough; but the clearest proof of it is required, +either from the confession of the wife herself or from a condemnatory +sentence following. [Citations.] + +But such proof is entirely lacking in our case. For the luckless wife +constantly denied the adultery even till the last breath of her life, +as is evident from the sworn attestations of priests and others who +gladly ministered to her after she had been wounded. For they +unanimously assert that she always affirmed that she had never +violated her conjugal faith. Nor did she ask that such sin be forgiven +her by the Divine Clemency; this assertion indeed should have much +weight, since no one is presumed to die unmindful of his eternal +safety. [Citations.] + +Nor are the responses given by the Defence at all relevant; namely, +that such proof in denial of the adultery is drawn entirely from +testimony taken out of court, and extorted by the heir while a lawsuit +was pending, to remove the annoyances brought by the Monastery of the +Convertites, and that some of the undersigned were legatees. They also +respond that since such an assertion as hers served to cover her own +baseness, it should not be believed, especially as it was not sworn. +And further, that although no one is presumed to be unmindful of his +eternal safety, yet all are not supposed to be immune from sin, like +Saint John the Baptist, which is especially true when the argument is +about the prejudice of a third party and about the more severe +punishment of an enemy of the one making declaration. + +Now that all these claims are destroyed with so little trouble, the +irregularity of the proof could stand in our way, if the Fisc were +obliged to assume proof and perfect it. But the burden of proof rests +upon the Accused, according to the authorities cited above for +avoiding the death penalty, whenever a man kills his wife after an +interval. The above attestations are brought merely to damage the +proof of pretended adultery, offered by Guido. In this case, +certainly, such attestations are not to be spurned, especially when we +consider the quality of the persons attesting, since they are priests +of well-known probity, and it is incredible that they would be willing +to lie. [Citations.] + +The further objection that these attestations were extorted by the +heir, while a lawsuit was pending, for the purpose of escaping the +trouble brought upon him by the Monastery of the Convertites, is also +removed by the same reply; because when one is arguing for the proof +of an assertion given in the last days of life and in the very face of +death, proof cannot be established, unless this hold good. And the +heir is praiseworthy, because he is obliged to avenge the murder of +the one slain, lest he be considered unworthy according to the text. +[Citation.] "Heirs who are proved to let the murder of the testator +go unavenged are compelled to give back the entire property," etc. He +procured these attestations that he might guard the good fame of the +testatrix; and this was rather because of his zeal for her good repute +than to prevent the annoyances unjustly brought, and the quashing of +these latter could be turned back for the exclusion of the pretended +proof of the dishonesty of the unfortunate wife. + +Still less can it stand in our way that some of the signers are +legatees, since their interest is not large enough to prevent their +giving testimony. [Citations.] And this is especially true when one is +arguing to prove a matter which happened within the walls of a home, +and the proof of which, on that account, is considered difficult. +[Citations.] And such an exception to their testimony, so far as it +has any foundation, is utterly removed by the number of the witnesses +subscribed to the said attestations. [Citations.] + +But [last of all], as to the objection that the assertion of one dying +is not to be attended, when directed toward the exoneration of one's +self, because no one is compelled to reveal his own baseness. This +might indeed hold good if the adultery had been proved, and if it were +not evident that, though wounded, she had died with strongest +manifestation of Christian penitence, which would exclude all +suspicion of a lie. In this case such an objection does not hold good, +but another very valid supposition takes its place, namely, that no +one is believed to be willing to die unmindful of his eternal safety. +[Citations.] + +For Mascardus [Citation.] says that a confession given in the hour of +death holds good, and he adds that this approaches nearer the truth, +and cites in proof of it Marsilius. [Citation.] The latter affirms +that if any one assert that a person making oath in the hour of death +is lying, he says what is improbable. And Mascardus concludes that +this opinion is more just, and more in accord with reason and with +natural law. And though he offers some limitations, none of these are +applicable to our case; and the question about which he was arguing +was concerning the assertion of one wounded, as to whether such +assertion constituted proof against the one charged; and this differs +by the whole heaven from our dispute, if we only note that the burden +of proof does not rest with the Fisc. Nor does the assertion of +Pompilia when dying tend principally toward vengeance, since it is +quite evident from those making attestations that she shrank with +horror from that; as she always professed that she most freely +pardoned her husband. + +These matters we have noted beforehand rather in super-abundance than +because we were obliged to assert the justice of the decree of this +Tribunal. It will now be easy to escape the proof of pretended +adultery, brought by the counsel for the Defence. For so far as this +proof is drawn from the other decree of this same Tribunal, condemning +Canon Caponsacchi for flight and carnal knowledge with Francesca +Pompilia, the response which has already been given holds good: +namely, that a title should be given no attention, but merely the +proof resulting from the trial, and the penalty imposed by the +sentence. And what if in that decree, along with the "title" of +"complicity in the flight and escape of Francesca Pompilia," there was +also added the title "for criminal knowledge of the same"? Yet since +in the trial itself no proof in verification of this was found, and +since the penalty of three years' banishment does not correspond +therewith, the mere title should not be given attention, according to +the authorities adduced in my past response, § _non relevante_. + +And on account of the following reason, still less can such clear +proof of the pretended adultery be established as is required to +escape the ordinary penalty for taking vengeance after an interval. +For at the instance of the Procurator of the Poor a correction was +decreed by the Judges, with the approval of my Most Illustrious Lord, +which substituted a general title relative to that suit, namely _Pro +causa de qua in actis_; and although this correction is not to be read +in the record (commonly called the _Vachetta_) in which decisions are +usually noted, yet it was made in the order for the dispatching of +Caponsacchi to his exile and in the decree assigning to Pompilia the +home as a prison. (Summary, No. 1.) And since the latter was made with +the consent of Abate Paolo Franceschini, we may assert that the said +change of title became known to him because of his notorious +solicitude in conducting the case; and so it would be very improbable +that he had not carefully examined such a decree and the obligation +made by Pietro to furnish her food, without hope of repayment, and the +bond given for her to keep the home as a prison. For these reasons his +knowledge of that change should be considered as sufficiently proved. +[Citations.] + +And therefore the response falls to the ground that the decree could +not be changed unless both sides were given a hearing. For while +Francesca Pompilia, whose defence had not yet been finished, was +unheard, much less could the title of criminal knowledge be included +in the condemnation of the Canon. For this would be injurious to her, +not merely as regards her reputation, but also for the loss of her +dowry, for which her husband was especially greedy. For in this way +would an undefended woman suffer condemnation, and what is worse, as +the event shows, would be exposed to the fury of her husband. And +hence with justice was this correction requested and made. And even if +this had not happened, a sentence given against the Canon could not +injure her, as it was a matter done with regard to other parties. +[Citations.] + +But it is quite gratuitous to assert that a change as regards the +matter of the trial does also impart the same change as to the +expression of the title of carnal knowledge. For since several titles +were originally expressed in the decree of condemnation (such as +complicity in flight, running away, and carnal knowledge upon which +the suit was based) the statement of the cause contained therein is no +more probable as regards one than as regards another, and certainly it +is not probable as regards them all. For if they had wished to include +all those in the modified decree, they would have said: _Pro causis de +quibus in Processu_, for the singular number does not agree with +several causes. [Citations.] But in the prosecution the charge of +"criminal knowledge" was not proved and the Canon could not be +condemned for that while Francesca Pompilia was unheard and +undefended. This is on account of the indivisibility of the crime of +adultery, which does not permit the division of the case for the +purpose of condemning the one, while the case is pending as regards +the other. And this is especially true when all parties are present +and are held in prison. [Citations.] The expression, therefore, +_Causæ, de qua in Processu_, should be understood to apply only to the +complicity in flight and running away (for this could be issued +without the condemnation of Francesca Pompilia), and not to apply to +"carnal knowledge." For the statement made should be considered +applicable only to those matters with which the judgment relative +thereto agrees. [Citations.] + +And this claim of ours is rendered manifest by the mildness of the +penalty to which the Canon was condemned, namely, that of three years' +banishment. This certainly does not correspond with the offences of +running away with a married woman from her husband's home, bringing +her to the City, and carnal knowledge of her. For inasmuch as the +attendant circumstance of rape, spoken about, is punishable by the +capital penalty, unless a priest is being dealt with, a far severer +penalty would have to be inflicted for the adultery alone, if proof +thereof had resulted from the trial. [Citations.] + +My Lord Advocate of the Poor acknowledges that the penalty was too +light to expiate harshly such a crime, and especially in accordance +with the Constitution of Sixtus, revived by Innocent XI. of sacred +memory. And therefore to avoid acknowledging the lack of proof, which +might very well be inferred from the lightness of the penalty, he +attempts to respond that the said Canon was dealt with more mildly +because he was a foreigner and because the crime under consideration +had been committed outside of the Ecclesiastical State. In this case +one should be dismissed merely with exile. But this response is proved +to be without foundation for many reasons. + +First, because on account of the well-known privilege of the City of +Rome, which is the country of all men, even those may be punished here +who have committed crime outside of the Ecclesiastical State, which is +subject to the secular authority of the Pope. And this is true, not +merely for the handling of criminals, which is permitted to any +Prince, but for the trial of the crimes. [Citations.] Cyrill testifies +that he himself had so held in 1540, in the Capitolian Court, and +Farinacci testifies that it was so held in this same Court in the year +1580, in the case of Gregorio Corso, who had been condemned to the +galleys, because he had committed murder in Florence and had come here +to Rome, after seizing the horse of the one he had slain. And this was +notwithstanding the fact that the cause was very sharply defended for +the accused. [Citations.] + +Second, because this authority holds good whenever there is argument +for punishing crimes committed by churchmen, who are subject to the +jurisdiction of the Supreme Pontiff, and in the City can be punished +for their crimes with the ordinary penalty, even though the crimes +were committed outside of the temporal authority of the Pope. +[Citations.] "Rome is a common country and, therefore, in the Roman +courts any cleric or layman may be brought to trial, even though he +did not commit his crime there." [Citation.] + +Third, because inasmuch as it was claimed that the approach to the +City and the carrying away of the wife to the same were done because +of lust, and to secure greater liberty for knowing her carnally, by +taking her from the home of her husband, so the Canon, on account of +this purpose, would have subjected himself to penalties such as could +really expiate the crime, and which also might be inflicted here in +the City; for one is punishable with the same penalty who continues +in a crime here, although he put it into effect outside of the State. +[Citations.] Caballus [Citation] holds that, for deciding the +jurisdiction of a judge over crimes that have been committed, the +person offending, rather than the offence, should be considered. +[Citation.] + +Fourth, because the pretended carnal knowledge, so far as it can be +said to be proved in the prosecution (and it can be verified that the +decree was changed with relation to that), happened in the +Ecclesiastical State; for the strongest proof of that crime was drawn +from the asserted sleeping together in the same bedroom at the inn of +Castelnuovo. [Citation.] And therefore the Canon could and should have +been punished with condign punishment, not merely for his undertaking, +but for the adultery, if that had been proved. And since this was not +imposed, it may well be asserted that the Canon was not at all +condemned for "criminal knowledge," unless one wishes to criticise as +unjust that decree, which imposed a mild penalty and one suitable +merely to simple running away and complicity in flight, and which was +much tempered because of the excuse brought by the Procurator of the +Poor. Therefore it may be asserted that the Canon was not condemned +for the pretended criminal knowledge, since the nature of the penalty +well proves the nature of the crime, with which it should be +commensurate, according to Deuteronomy 25: "According to the measure +of one's sin shall be the manner of his stripes." [Citations.] + +And therefore, since the pretended condemnation of Canon Caponsacchi +for criminal knowledge of Francesca Pompilia is excluded, the +pretended notoriousness of the adultery resulting therefrom also falls +to the ground. Neither can this notoriousness be alleged against her +undefended. And just as public vengeance, which is to be decreed by a +judge, cannot be based lawfully upon it, so much less should private +vengeance be considered excusable, when taken by the husband in +murdering her after an interval. He is immune from the ordinary +penalty for murder even according to the more merciful opinion only +when the adultery is established by the very clearest proofs displayed +in confession by the accused, or by a sentence given thereupon. + +Likewise it would be superfluous to avoid the presumptions adduced by +the Defence, especially by the Procurator of the Poor, to destroy the +proof of adultery drawn therefrom; for this single response would be +enough, namely, that these proofs were all gathered together in the +prosecution for Pompilia's flight, made at the instance of Count +Guido, he pressing hard to gain the dowry because of her adultery. And +this was insisted on by the counsel for the Fisc, who wrote acutely +upon these matters at that time. And yet, in the report of the cause +these presumptions were not considered by the judges because of their +irrelevance. This is evident from the lightness of the penalty decreed +against the Canon. And so the examination of these cannot be renewed +after the Fisc has yielded and quietly acquiesced in the sentence, +from which it could appeal if it considered itself wronged. Nor could +Guido legitimately have recourse to such awful vengeance by his own +hand. But lest some feature of the case may be left untouched, and +that the justice of the decree may be more clearly asserted, I have +taken the pains to confute these briefly. + +And since, in the first place, the cause of flight is considered by +the Defence in order that they may prove that the said flight was +entirely illicit and was planned for easier criminal knowledge, the +proofs brought for this purpose should be examined. The chief of these +was drawn from the asserted letter of Francesca Pompilia, written to +Abate Franceschini. This makes pretence that her parents urged her to +poison her husband, her brother, and her mother-in-law, to burn the +home, and to return to the City with her lover. But one cannot have a +better refutation of this than the very tenor of that letter, +including matters that are so improbable, yes and indeed incredible, +that it was rightly rejected by the judges. For who can be found so +destitute and ignorant of filial love and duty as to make himself +believe that a mere child, not more than fourteen years old +[Citation], married away from her father's home, grieving bitterly for +the departure of her parents, and wretchedly kept in the home of her +husband, so that she was obliged to have recourse to ecclesiastic and +laic authorities, could have written to her husband's brother (who was +so unfeeling toward them), with a calm mind, of such base counsels and +commands given by them, unless, as she ingenuously confesses, she was +compelled by her husband to write it? Nor could she, without great +peril, refuse her husband, who was demanding this. Such an +improbability alone is enough to thrill with horror those reading it, +and well shows that she had written this not of her own accord, but +under compulsion. [Citations.] + +And, therefore, there is no need to examine whether the qualification +added to her confession is probable, namely, that her husband had +first marked the letters of the said epistle, which she had afterward +inked by tracing them with a pen; because she did not know how to +write. For possibly she shuddered to confess that she had written such +matters, even under compulsion of fear, to the injury of her father +and mother. Such fear is quite presumable in a wretched wife of tender +age, destitute of all help, away from her father's hearth and in her +husband's home. [Citations.] Mogolon says that from the absence of +relatives, the presumption of such fear may arise. [Citation.] And +this is especially true after she had had recourse in vain to the +authorities. Nor is a sufficient proof to the contrary deducible from +Francesca's signature to the matrimonial contract, and from the +letters that were said to have been written and sent by her in +succession to the Canon, or else thrown from the window. [Citation.] +For the very brief signature made in the marriage agreement does not +show such skill in writing that with the same ease she could have +written so long a letter, inasmuch as daily experience teaches that +many are found who can scarcely write their own names. + +Still less can the ability to write be said to be proved by the +asserted love-letters; for these were constantly denied by Pompilia. +Nor can these letters be said to be sufficiently verified by the +assertion of the said witness for the Fisc, namely, that she threw +from the window a note, which the Canon picked up and then departed. +For aside from the fact that the witness stands alone and is of the +basest condition, namely a dishonest harlot, and so unsuited for +proving a matter [Citations], she neither affirms, nor can affirm that +the said letter was written by Francesca Pompilia. Likewise the +letters found in the prison of Castelnuovo might have been written by +some stranger's hand. And even though they had been written by her, +inasmuch as they are of a later date, they do not prove her skill in +writing at some past time; for she could have acquired this skill +afterward because of desperation which sharpened her wits, for the +purpose of inducing the Canon to undertake the flight with her, so +that she might escape the peril of imminent death. For in such matters +at these, which are variable and can be changed, one cannot well argue +from the present to the past. [Citations.] And that in fact she did +learn to write in Arezzo after the departure of her parents is evident +from her letter written in the prison of Castelnuovo, and found among +her private papers after her death. This is given in the present +Summary, No. 3. + +The proofs of the abovesaid letter [to Abate Franceschini] drawn from +the letters of the Governor of Arezzo, of the Reverend Bishop, and of +Bartolommeo Albergotti, are so far from excluding the legitimate +reason for flight given by herself and the Canon, during the +prosecution, that they rather favour it. For although they criticised +her for having such ill-advised recourse to them, they possibly did +this to free themselves from censure for having thoughtlessly turned +her away. Therefore it is more probable that by them the minds of her +cruel husband and of her mother-in-law, who was pitiless and +implacable, as experience teaches us, were exasperated all the more. +Any one may well know that Guido's mind was much more embittered after +the lawsuit brought concerning the pretence of birth and the +rescinding of the dowry contract, and after the publication of +pamphlets about the domestic scantiness and the base treatment which +they had suffered in the home of the couple in Arezzo. His anger was +also stirred by his jealous suspicion of the Canon (although +Pompilia's love of the latter was merely pretended for the purpose of +winning him) and by his exasperation, that increases the deadly +hatred, which arises from a lawsuit about a considerable amount, and +much more about an entire property. [Citations.] Such should the +controversy about the pretence of birth be considered. Nor can the +just fear of the luckless wife as to her deadly peril be denied. And +driven to desperation in avoiding this, she might well have fled; for +if it is permissible because of blows beyond mere legitimate +correction [Citations] how much more permissible should it be +considered, when the wife was continually afraid that he would kill +her either with the sword or by means of poison. And, to avoid this, +it was but prudent counsel for her to leave her husband and go back to +her father's hearth. + +It would indeed have been better if she had won her security by having +recourse to the Right Reverend Bishop, in order that he might place +her in some nunnery or with some honest matron; or to the Lord +Governor, who would have considered her safety and the honour of her +husband's family; or if she had fled in the company of some one +connected with the household. But the fear of imminent peril does not +permit one to take better counsel, and especially a wretched wife of +tender age, destitute of all aid and exposed to the fury of her +husband and her mother-in-law. And still further, she might well fear +that new recourse to them would be in vain, since she had found the +former so useless. Nor could she find any better way of fleeing +safely, wherein she thought lay the sole help for herself, than by +using the help and company of the Canon, who had been proposed to her +for this purpose by the Canon Conti and by Signor Gregorio +Guillichini, relatives of her husband. It is incredible that they +would have conspired against Guido's honour without the strongest and +most urgent reason and without confidence in Caponsacchi's honesty and +modesty. For one of them, namely Gregorio, had offered himself as a +companion for the journey and would have carried out his offer if his +infirmity had permitted; as we read in the said letter of Francesca +Pompilia found since her death and shown in our present Summary, No. +3, which refers to the same causes, of the infirmity of Gregorio and +the imminent peril, which did not permit her to await his +convalescence. And therefore she is worthy of excuse since she fled +for dire necessity in company of the Canon, a man of modesty well +known by her (as is likewise evident from another letter in the +Summary of our opponents, No. 7, letter 12, in which she calls him the +chaste Joseph, and from the other letter, in which she commends him +for his sense of shame). For if she chose this remedy under dire +necessity, she should be excused according to the common axiom, +"necessity knows no law." [Citations.] + +Nor is an illegitimate cause of flight to be inferred because of the +dishonest love with which Francesca Pompilia pursued the Canon in some +of these letters. For although they seem amatory, yet they were +ordained to the purpose of alluring this same Canon, in order that he +might flee with her; since, without him, she knew that she could +neither carry that out, nor even attempt it. Hence the letters can +afford no proof of subsequent adultery. For although proof may result +from love-letters, according to the authorities adduced by the Defence +in § _His praehibitis_, yet this is avoided, if the letters are +directed to a permissible end, such as flight to escape deadly peril. +For then, inasmuch as the end is permissible, the means are likewise +so considered, even though these are not without suspicion; for they +are not considered in themselves, but because of their end. +[Citations.] Nor is the proof of adultery hitherto drawn from +love-letters so very strong unless they include the implicit +confession of subsequent fornication. [Citations.] + +The following consideration is especially urgent in leading to the +belief that the luckless girl thought the Canon would conduct himself +modestly during the journey. For in one of her letters she does not +fail to take him to task (who had elsewhere been commended for honesty +and modesty) because he had sent her questionable verses (present +Summary, No. 4): "I am surprised that you, who are so chaste, have +composed and copied matters so immodest." And further on: "I do not +want you to do in everything as you have done in these books; the +first of them was so very nice, but these other octaves are quite the +contrary. I cannot believe that you, who were so honourable, would +become so bold." From this sincere rebuke it is quite evident in what +spirit these letters were written, even though they are filled with +blandishments and proofs of love; for she shrank even from the +dishonourable verses sent to her. Hence the letters should be +understood according to the intention of the one writing them, just as +one's words are. [Citations.] + +And should not the supposition that the unfortunate wife had destroyed +her matronly shame in the journey be therefore considered trivial and +improbable? For she had quite enough to do to provide for her own +safety by headlong flight. Nor is it probable that she was tempted by +the Canon, since the love between them is proved merely by the said +letters which were preparing for the flight. And these letters show +her solicitude for his modesty and continence, since for the mere +sending of them she had made such complaint. For she feared lest he +might become too bold, as is evident from details of the letter cited +above. Nor are examples lacking of continence observed during a longer +and easier journey, which had been undertaken and completed by lovers, +even though they might lawfully have indulged their love. Hence it is +not improbable that the wretched girl kept herself scrupulously within +bounds; for she was in deadly peril, which she hoped to avoid by +precipitate flight. + +The other proofs of this pretended adultery are far weaker, and were +rightly ignored in the report of the case, both as regards the flight +and as regards the decreeing of torment; for mutual love between her +and the Canon cannot be said to be sufficiently proved by the +abovesaid letters; for they were preparatory to this prearranged +flight. + +The entry and egress to and from the home of Francesca by night is +proved by a single base witness. Nor should even such entry be +considered to be for a bad end, since it was in preparation for the +flight. For when we have a permissible cause given, to which a matter +may be referred, it should not be attributed to one that is +illegitimate and criminal. [Citation.] + +To this reason also should be referred her readiness in showing +herself at the window by day and night at the hiss which gave signal +that her pretended lover was passing. For since her love might be a +mere matter of pretence for the purpose of winning him to give her +help in the flight by affording her his company in the journey, these +marks of love can be of no further import than the pretended love +itself. The unfortunate wife employed it as a stratagem, indeed, that +she might provide for her own safety. And so this response recurs: "If +the end is lawful, the means ordered toward carrying it out cannot be +condemned." + +The pretended insidious manner of preparing for the flight and putting +it into execution by means of an opiate administered to her husband +and the servants (so far as it is proved, and it was by no means +proved in the Prosecution) affords indeed a proof of her flight, but +not of adultery; for it was prearranged, not for that purpose, but to +escape deadly peril, to which the wife would have exposed herself, all +too foolishly, unless she had made sure that her husband, who was +lying in bed with her, was sound asleep, or unless she had contrived +some such easy way. + +The ardour shown in some of the letters is indeed a sign of love, +according to the word of the poet: "Love is a thing full of solicitous +fear." [Ovid, _Heroides_, I. 12.] But since love was pretended for a +legitimate end (as was said) she could also make a show of ardour for +feigning love, since it tended toward the same end of winning his +goodwill, so that possessed of his true service she might escape. +Therefore, from this pretended love and these feigned signs of love, +one cannot argue that their departure together from the home of the +husband and their association during a long journey gives proof of the +pretended adultery; because even in true and mutual love continence +has been observed, which is certainly more difficult. + +Nor are the authorities adduced by the Defence, in § _Accedit quod_, +applicable; because that text has regard to a woman spending the night +outside of her husband's home and against his will, without just and +probable cause, as is evident from the words of the same. This +decision is not applicable to our case, since the wretched Pompilia +left her husband's home and went to her father's hearth that she might +escape the deadly peril which she feared was threatening her. And so, +since she did it for just and probable reason, the condemnation of the +aforesaid text is turned away. And Farinacci so explains the +assertion. [Citations.] "But it is otherwise if done for reason, +because the mere spending of the night together does not of itself +prove vice; for a case can be given where a wife spent the night with +men, and yet did not break her marriage vow." [Citation.] Since this +possibility is verified in our own case also, the proof of subsequent +adultery cannot be inferred from her flight and association with him +in the journey, for the purpose of providing for her own safety. + +Their mutual kissing on the journey, so far as it is proved, affords +no light presumption of violated shame; but the proof of it is too +uncertain; for it rests upon the word of a single base witness, who +swears to matters that are quite improbable, namely that, while he was +driving their carriage very rapidly, he saw Francesca Pompilia and the +Canon kissing one another. How full of animus this deposition really +may be is evident from this fact--that during the night he saw a +momentary and fleeting deed, without giving any reason for his +knowledge, such as that the moon was shining or that some artificial +light afforded him the opportunity to see it. [Citations.] The +improbability, or rather incredibility, is increased because, while +the witness was intent on driving the carriage with such great speed +as to seem like flying (as another witness testifies), how could he +look backward and see their mutual kissing? Such an improbability +would take belief away not merely from a single witness, but from many +of them. [Citation.] Furthermore, there is the possibility to be +considered that the jostling together of those sitting in the carriage +might have happened from the high speed; and from this fact an +over-curious witness might believe that they were kissing each other, +although, in fact, the nearness of their heads and faces to one +another might indeed be by mere chance, and not for the purpose of +shameful and lustful kisses. Because whenever an act may be presumed +to be for either a good or a bad end, the presumption of the evil end +is always excluded. [Citations.] And so in the said report of the +prosecution for flight, this presumption was justly passed over +because of lack of proof; nor would it have been rejected otherwise. + +Nor can this improbable and prejudiced deposition of the said witness +receive any support from the pretended letters, in which Francesca +thanks him for the kisses sent, which she says would be dearer to her +if they had been given by the Canon himself, and sends him back ten +hundred thousand times as many. For it cannot be thence inferred that +if the opportunity were given their mutual kissing would follow, since +these words were offered as serviceable and alluring for the purpose +of winning him over; nor do they involve an obligation. [Citations.] +And therefore they do not lead one to infer that they were carried +out, especially since Francesca many and many a time warned the Canon +to observe due modesty. And when she found that he had transgressed +its limits by sending her dishonourable verses she abjured him not to +become bold in urging his passion. This is far removed from impure +desire to receive his kisses, which is formally stated in the said +letter, as it is without any thought of injuring her matronly honour. + +The use also of laic garb, in which the Canon was found clothed, can +afford no proof, because, as he is no priest, he cannot be said to be +forbidden to do so on a journey. And this was probably arranged in +good faith to conceal himself and to avert scandal, which might be +conceived at seeing a priest with a woman in the flower of her age +and, as I have heard, of no small reputation for beauty, journeying +without the company of another woman or servant. [Citation.] And so +the authority of Matthæus Sanzio, etc., is not applicable, because in +his case there was no concurrent cause on account of which the priest +might approach with improper clothes and girded with arms; and he was +found by the husband, either in the very act or in preparation +thereto, and was killed on the spot. In such a case the proofs of +adultery may well be admitted for the purpose of diminishing the +penalty, and they were gathered by the same author to that end. + +Their sleeping together on the same bed, or at least in the same +bedroom, at the inn of Castelnuovo, was not given consideration in the +report of the prosecution for flight, because of defect of proof. This +charge was indeed denied by Francesca Pompilia, and the Canon frankly +confessed merely that he had rested for a little while on another bed +in the same room. Nor ought a brief stay in that room be magnified to +a crime, since it should be attributed to his guardianship of the said +Francesca, whom he was accompanying on the journey, and hence was +under obligation to guard her lest some evil might befall her. +Whenever an act may be said to be done for a good purpose all +suspicion of evil ceases. In these very circumstances, Gravetta +[Citation] says that the interpretation should tend toward lenience, +even though the harsher interpretation seems the more probable. Nor +does it suffice as a full proof of adultery (if one is arguing a +criminal case) that a young man be seen alone and naked with her, and +that he be found locked in the bedroom with the wife, even though he +have his shoes and clothing off; because these matters may be merely +preparatory. And much less can proof of adultery arise from his brief +stay in the same bedroom for the purpose of protecting her. + +Nor can proof of their having slept together be drawn from the +deposition of the servant of the same inn who asserted that he had +been ordered to prepare only a single bed. For it does not follow +from this that both of them slept in it; but this was done because +only Pompilia wished to rest a little while to refresh her strength, +which had been exhausted by the swiftness of the journey they had +made. The Canon was keeping guard over her and preparing for the +continuance of the journey; and so, when the husband arrived, he was +attending to this by ordering that the carriage be made ready. Hence +no proof of their having slept together can result from this +deposition, and it was justly rejected by the judges, so that it needs +no further refutation. + +And although Francesca Pompilia, in her cross-examination, tried to +conceal a longer stay at the said inn by asserting that they had +arrived there at dawn, yet no proof of adultery may be drawn from the +said lie, for she made that assertion to avoid the suspicion of +violated modesty, which might be conceived from a longer delay and +more convenient opportunity. And so, inasmuch as her confession would +have done her no harm, even if she had acknowledged it with +circumstances leading to belief in the preservation of her sense of +honour, neither can this lie injure her. [Citations.] + +Since, for these reasons, the proof of the pretended adultery is +excluded and almost utterly destroyed, no attention should be paid to +the fact that Count Guido, in his confession, claims the mitigating +circumstance of injured honour, as regards both his wife and his +parents-in-law; and that this confession cannot be divided for the +purpose of inflicting the ordinary penalty. For authorities of great +name are not lacking who affirm that a qualification to this end added +to a confession, ought to be rejected; and above the others, is +Bartolo [Citation], who proves this conclusion by many reasons, and +responds to those given contrary [Citation], where it is said that a +judge should not admit such qualified confession. [Citations.] + +Nor is such a plea of injured honour always in one's favour in +avoiding the capital penalty, but only when vengeance is taken +immediately; or after an interval, according to more lenient opinion, +when the adultery is proved by condemnatory sentence or by confession. + +But the reins of private vengeance would be relaxed far too much to +the detriment of the state if, when proof of adultery were lacking, a +stand could be made for the purpose of diminishing the penalty upon +some qualification added by the defendant to his confession. Because +in this way a witness might make a way of escape in his own cause, +which is not permitted to any one. [Citations.] And nothing more +absurd can be thought of than that the burden of proof incumbent upon +him for escaping the ordinary penalty might be discharged by the mere +assertion of the defendant. + +Nor should we admit the opinion that, even when the adultery is +proved, a husband may kill, after an interval, an adulterous wife +without incurring the capital penalty, since the weightiest +authorities deny that. [Citations.] Bartolo, in distinguishing between +real and personal injury, affirms that when injury is personal, it +should be resented immediately; but if it be real it may be resented +after an interval. [Citations.] And Gomez declares: "I hold the +contrary opinion, indeed, that a husband may be punished with the +ordinary penalty of such a crime as murder; and for this reason he may +not by any means be excused, because murder cannot be committed to +compensate for a crime or for its past essence, unless one kill in the +act of flagrant crime," etc. And in subsequent numbers he responds to +reasons given to the contrary. [Citation.] Gaillard, after he says +that murder committed for honour's sake is permissible, states that +this exception should be understood to hold good if the injury be +resented immediately, but that it is otherwise if done after an +interval. In this case the retort is more like vengeance than the +defence of honour, and the offender is held to account for the +injuries. [Citation.] + +Much less can it be claimed that the vengeance was taken immediately +because the husband executed it as soon as possible, according to the +authorities adduced by my Lord Advocate of the Poor [Citation], where +he tries to show that since Guido was unarmed, or insufficiently armed +(that is, he was girded only with a traveller's sword), he could not +attack the wife accompanied by the Canon; for Caponsacchi, as he +claims, is strong and bold, and accustomed to sin in that way, and was +carrying firearms. And the wife showed herself ready to die in the +defence of her lover; for it is said still further that the wife +rushed upon Guido with drawn sword, and was about to kill him, if she +had not been checked by the police officers. But the opportunity to +kill an adulteress is not to be so taken that a violent death may be +visited upon her with all security and without any risk. For every +legal opinion giving excuse for diminishing the penalty shrinks from +this. For such diminution of the capital penalty follows because of +the violence of sudden anger, which compels the husband to neglect the +risk to his own life, that he may avenge the injury done him by the +adultery. And so this first opportunity, as spoken of by the +authorities, in order that murder may be said to be committed +immediately, should be understood to be whenever an occasion first +offers itself, in excusing the delay in taking vengeance either +because of absence or for some other just reason. Such is the fact in +the case about which Matthæus Sanfelix writes, _contr._ 12. For in +that case, the adultery was committed in the absence of the husband, +and the wife had run away, so that he could not have avenged himself +earlier, as is evident from the narrative of fact, given in No. 1, and +No. 28 established this conclusion: "So they are excused if they take +vengeance as soon as possible, since it then seems that they killed +incontinently." + +But who can say in our case that the husband took the first chance, +since when he found his wife in the very act of flight, at the tavern +of Castelnuovo, he abstained from vengeance with his own hand, and +turned to legal vengeance, to which he had always clung. And indeed he +charges himself with the worst baseness when he asserts that he was +unequal to the task of taking vengeance because of the fierce nature +of the Canon; since, when the latter had been arrested, Guido could +have rushed upon his wife. Nor ought the kind of arms they carried to +have alarmed him, because, according to the description made in the +prosecution, it is apparent that the Canon was wearing only a sword. +And so they were provided with like arms. He would not have taken such +care of his own safety if he had been driven to taking vengeance by +the stings of his honour that needed reparation, even at some risk to +himself. For just anger knows no moderation. And he should lay the +blame on himself if, alone and insufficiently armed, he had followed +up his wife, who was fleeing, as he might fear, with a strong and +better-armed lover. His very manner of following her proves the more +strongly that his mind had turned toward legal vengeance, for the +purpose of winning the coveted dowry, rather than to vengeance with +his own hand for recovering his honour. For facts well show that such +was his thought. [Citations.] + +Likewise the delay of the vengeance after the return of the wife to +her father's home excludes the pretended qualification that the +vengeance was taken "immediately," because he could not put it into +execution sooner. For the return home took place on October 12 of last +year, and the murder was not committed till the second of January of +this year. And we should rather assert that he was waiting for her +confinement, which took place on December 18, in order that he might +make safe the succession to the property, for which he was eagerly +gaping; because he immediately put into effect his depraved plan by +destroying his wife and her parents with an awful murder. Hence, from +a comparison of these dates it will be easy to see this, and it is +evident with what purpose he committed the murders, and whether this +vengeance for the asserted reparation of his injured honour may be +said to have been undertaken "immediately," that is, as soon as +opportunity was given, according to the authorities adduced on the +other side. + +Then when he had chosen legal vengeance by the imprisonment of the +wife and of the pretended lover, and by the prosecution of the +criminal cause, it was not permissible for him to go back to vengeance +with his own hand; and in taking that he cannot be said to have taken +vengeance immediately. He also violated public justice and the majesty +of the Prince himself. This single circumstance greatly exasperates +the penalty and increases the crime. [Citations.] + +[But the above is true] in spite of the fact that the conclusions +adduced by the Advocate of the Poor, in § _Et tantum abest_, may be +applicable, and likewise the authorities approving those conclusions, +on the ground that it is not presumable that the husband has remitted +the injury, but rather that his desire to avenge himself has +continued; and that this excludes the charge of treachery, even though +the husband use trickery in taking vengeance. Because in the present +case the question is not as to the nature of the murder, from which it +might be claimed to have been treacherous. The husband indeed did not +conceal his injury, but rather laid it bare by turning to legal +vengeance. Although this is possibly less honourable, yet since it was +pleasing to him, for the purpose of gaining the dowry, he could not +when frustrated in this hope, because the adultery was unproved, take +up again the vengeance with his own hand. And this is true even though +he pretends as an excuse for his delay that he could not accomplish it +sooner. For since the delay and hindrance arose from his own act he +could not take therefrom the protection of an excuse. [Citations.] + +But, however he might find excuse for the barbarous slaughter of his +wife while under the authority of the judge at the instance and +delivery of her husband, certainly the murder of Pietro and Violante +should be considered utterly inexcusable. In his confession he has +tried to apply to them also his plea of injured honour, because of +their pretended complicity in urging the flight of his wife and in her +asserted dishonour. Yet no proof of this qualification can be +brought, nor did the slightest shadow of it result from the +prosecution for flight. And this is proved to be improbable, and +utterly incredible, from merely considering the fact that Abate +Franceschini, brother of the accused and confessed defendant, would +not have consented that she be committed to their custody if he had +had even the slightest suspicion of their complicity, since he so +keenly desired the reparation of their honour. This fact, which was +plainly confessed in an instrument prepared in the statement of fact +in the Italian language [Pamphlet 10] and very stoutly denied by the +Procurator of the Poor, was admitted by his own wonderful ingenuity in +denying merely that notice had reached the husband, or in claiming +that the Fisc could pretend to no more than mere presumptive knowledge +in Guido. + +But, still further, such knowledge is quite probable and is drawn from +strong proof. For it is very probable that Guido was informed by his +brother of his wife's departure from the Monastery, of her +establishment in the said home, of the obligation assumed by her +parents to provide her with food, and especially of her detected +pregnancy. [Citation.] But we are not now arguing to prove the +husband's knowledge thereof, but to draw from that consent of Abate +Paolo a proof which would exclude the pretended complicity of Pietro +and Violante in the dishonour of the wife, which latter is by no means +proved. + +So far is such complicity from being proved as regards Pietro, that +the very contrary is quite evident from his will, made in 1695, after +litigation had been instituted about Pompilia's pretended birth. In +this will, notwithstanding the litigation, in the first place he +leaves as his usufructuary heir Violante his wife, and after her death +Francesca Pompilia, laying upon her the obligation to dwell in the +City and to live honourably. This is evident from the details of the +said will given in our present Summary, No. 5. In this he also asserts +that she had thus far conducted herself honourably, and he claimed to +leave the annuity to her because of her good manner of life. And so it +becomes still further incredible that he, while alive, was willing to +conspire in her dishonour, from which he shrank even when dead. For +the income was to be taken from her if she should live a dishonest +life, and he urged her in case her marriage were dissolved to assume a +religious dress, and he left her a fat legacy to that end. + +Nor can it afford any proof of this pretended complicity that when +Guido had made pretence of delivering a letter sent to them from the +Canon, the doors were immediately opened by Violante to the assassins. +The attorneys for the Defence try to argue from this ready credulity +that the name of the lover was not hateful to Violante, and that hence +his intimacy with Francesca was not displeasing. But since the Canon +was the author of her liberation from deadly peril by bringing her +from her husband's home to her father's hearth at the neglect of his +own risk, it should not seem wonderful that Violante should give proof +of a grateful mind for the help given her daughter and should open the +door. Nor can one infer therefrom consent in unchastity, from which +their past acquaintance had been entirely free. Much more is this so +at a time when he himself was absent and in banishment at Civita +Vecchia. + +Therefore the true cause, on account of which the Comparini also were +murdered, could be no other than the hatred with which the husband had +been aflame; [and this first of all was] because of the lawsuit +concerning the supposed birth, which they had brought, and which had +deceived him in his hope of gaining a fat dowry and inheritance; [and +second] his desire for vengeance because of the pamphlets distributed +at the time of the said lawsuit, and which had exposed the meagreness +of the home comforts and the wretched treatment they had received in +the home of the husband. These two do not excuse Guido from the +penalty for premeditated murder, and indeed increase it, even raising +it to the crime of _læsa majestas_, according to the well-known order +of the Constitution of Alexander, as was proved in our past +information, § _Accedit ad exasperandam_. + +To escape the penalty assigned thereto by the disposition of this +decree, in vain does he turn to an excuse drawn from supervening +provocation. [Citation.] But so far as it is claimed that this crime +resulted from the counsel they gave toward her flight, and their +complicity in the same, the proof of such complicity is entirely drawn +from the asserted letter, written by Francesca Pompilia to Abate +Franceschini. But this letter has been completely rejected, and even +spurned by Guido himself, since in the prosecution for flight we find +no insistence was made that action should be entered against Pietro +and Violante for their pretended instigation. Pietro, moreover, had +long ago broken off the lawsuit brought as regards the pretended birth +and the revocation of the dowry contract, and so this complicity +cannot be made to seem the sole provoking cause, which would exclude +_causa litis_. For such a cause should be true and not pretended, and +should be in accord with the crime committed. [Citations.] These +excuses, indeed, which are claimed to be drawn from complicity in the +asserted dishonour, are still further excluded by lack of proof, both +of the impurity and of their connivance therein; and so the +provocation implied therefrom is shown to be entirely irrelevant, and +possibly fraudulent. + +The other suit for divorce, brought in the name of Francesca Pompilia, +it is vainly claimed is made void because of the asserted invalidity +of the summons; for this summons was executed against Abate +Franceschini, who lacked the authority of a proxy. Yet his +authorisation was quite full enough for a lawsuit, as is evident from +its tenor as given in our present Summary, No. 6, and accordingly when +a suit was brought it was ample for receiving a summons. [Citation.] +We are also dealing with the conditions of the Constitution of +Alexander and of the order of the Banns given against those who commit +offence on account of lawsuits. Hence the reply is not relevant, which +is given by the Procurator of the Poor in § _Quae etiam aptantur_, +that when the dishonesty of the wife is established her impunity from +the wrath of her husband, who would take vengeance, should not be +permitted by the introduction of a divorce suit. Nor can such murder +be said to be committed for the reparation of honour when committed in +anger at a lawsuit. For he takes for granted as proved, what is in +question, namely, the dishonour of the wife, the proof of which is +quite lacking. And Guido might have proceeded to such an extreme if, +as soon as the adultery was committed, his wife brought a suit for +divorce; but it is otherwise since he tried that revenge after the way +of legal vengeance had been chosen by bringing criminal charge for the +pretended adultery and for the purpose of winning the dowry. For after +he was frustrated in this hope (since no proofs of adultery resulted +from the prosecution), and after her husband's mind had been +exasperated, she ought to be permitted to provide for her own safety +by begging for the remedy of divorce. And while such judgment is +pending any murder inflicted upon her ought surely to be expiated by +the penalties inflicted under the sanction of the Alexandrian +Constitution and of the Banns. For the provision of this decree is +applicable, since the murder was committed while the criminal cause, +brought against her for pretended adultery by her husband, was still +pending. And this decree includes both civil and criminal suits, as is +evident from reading it. + +Likewise the assembling of armed men, and their introduction into the +City for accomplishing more safely the murder of the entire family, +increases the crime to _læsa majestas_, and also necessitates the +increasing of the punishment, as was affirmed in our former +information. Nor is this avoided by the replies given, or rather +repeated, by the Defence, and especially by the response that since +the principal offence was committed for honour's sake (and hence the +ordinary penalty of the _Lex Cornelia de Sicariis_ has no application +for that reason), so likewise the penalty for assembling men, imposed +by the Apostolic Constitutions and the general Banns, cannot be +inflicted; for the latter is included with the penalty for the +principal offence, which alone is to be attended, since the spirit and +purpose make differences in crimes. [Citations.] Because the order of +the said Constitution and Banns would prove utterly vain if the +penalty for assemblage should cease, whenever the assembly were made +for the purpose of committing some crime that is punishable with a +milder penalty. [Citation.] This Bull indeed is applicable even when +men are called to arms in a permissible cause and for a good end; +because by it the Supreme Pontiff wished to provide for the public +security and to restrain the audacity of those laying down the law for +themselves. Hence all the more shall it have place when the assembly +may be made for an evil end, namely for committing crime, even though +the crime may not deserve the ordinary death penalty, and when the +crime actually follows. [Citation.] Spada gives this reason, that the +Pontiff in establishing this Constitution considered only the uproar +and other ills which are accustomed to arise from the assembling of +armed men to the injury of the public peace. And although his opinion +was rejected by the authorities adduced by his Honour, the Advocate of +the Poor, in § _non refragante_, this refutation does not apply to the +assembling of armed men to an evil end (even though this end is not so +criminal that the death penalty may be inflicted), but to their +assemblage for a permitted cause of regaining possession immediately, +by meeting force with force. Even in this latter case Spada holds that +there is place for the order of the Bull. Hence the refutation given +above does not prevent the application of the provision of the +abovesaid Constitution to our case, since the assembling was +prearranged for the murder of an entire family, which was put into +execution with reckless daring. + +Nor may the opinions of the said judges of the Sacred Rota, requiring +that the assemblage be directed against the Prince or the State, and +not to commit some other crime, stand in the way; because if this +qualification were accepted as true the decree would be vain which +had raised the act to the crime of _læsa majestas_ and rebellion; for +this crime would result plainly enough from the deed itself, and from +the intent to disturb the peace of the Prince and the State. And so +far as the opinion affirmed by these authorities does have foundation, +it can be applied when we investigate the order of the Constitution, +and not of the Banns issued later. For this decree would prove vain +and useless if the capital penalty, imposed thereby against those +assembling armed men, could be applied only when the crime for which +the assembly was made was punishable with the same penalty. And even +if this necessity be admitted, the application of the Constitution +cannot be avoided, because no plea of injured honour can be alleged in +excuse for the murder of Pietro and Violante, and it had not at all +been proved as regards Francesca Pompilia. + +Likewise the preparation and use of prohibited arms is also punishable +with the capital penalty, if we investigate the order of the Banns and +Constitutions of Alexander VIII., of sacred memory. Nor is this +sufficiently avoided by the response given by the Defence that it is +included in the main offence; so that no greater penalty can be +inflicted for it than the main crime itself deserves. For what we have +said above as regards "an assembling" is opposed to such a confusing +of the punishment of the Banns, and the authorities adduced in our +past response, § _nec delationis_, affirm the contrary. And those +authorities cited for the contrary opinion should be understood to +apply only when one is dealing with an insult, or with murder +committed in a quarrel, or in self-defence, or for the sake of +immediate reparation of honour. [Citation.] The difficulty is at an +end in our case, because of the clear disposition of the Banns, which +expressly declare and command that the penalty for the carrying of +arms is not to be confounded with the penalty of the crime committed +therewith. Nor does the response given by the Procurator of the Poor +seem strong enough to avoid this; namely that when, under the common +law, the Banns receive only a passive interpretation, merely the crime +of preparing and bearing arms for committing murder is considered; but +that it is otherwise if the arms are borne, for no ill end, and then a +crime is committed with them. Because it would be too harsh for one +bearing arms for no ill end and then sinning with them, to suffer a +greater penalty than one preparing arms to commit crime, and carrying +his purpose into effect. Hence these Banns never can receive such an +interpretation. For since by them the carrying of arms is forbidden +as pernicious and as affording occasion to commit crime, much more +should the bearing of them when purposed for committing crime be +considered prohibited and punishable with a rigorous penalty. This is +especially true when we consider the declaration that the crimes are +not to be confounded with one another. + +There is left, finally, one other qualification, which greatly +aggravates the crime, namely the violating of the home assigned as a +prison with the consent of Abate Franceschini. And this is so in spite +of what can be alleged as to Guido's ignorance of this circumstance. +Because in the said writing prepared in Italian for giving true notice +of the fact [Pamphlet 10], it is asserted that the entire management +of the cause was left and committed to this same brother, since Guido +had left the City. Hence it is quite incredible that Guido was not +informed by him of so important a matter. And as concerning the +distinction between violating a public prison and mere custody in a +home under bond, and as to offence permitted therein for honour's +sake, we have given sufficient response in our past argument, § _Quibus +accedit_ and those following. For the same reasoning is applicable in +both cases, since in both the person detained is under the protection +of the Prince whose majesty is accordingly insulted. And the excuse +would hold good if we were arguing about the resenting of an injury +offered in prison. Under these very circumstances do those authorities +adduced by the Defence speak, as is evident from their recognition of +them. + +Therefore, in the present case many grave qualifications are present, +which increase the crime, and on account of these his Honour, the +Advocate of the Poor, admits in § _Agnoscit Fiscus_ that the penalty +should be increased. Nor can such increase of penalty be made good +except by death. For even if the adultery were proved, as it is not +proved in our case, the mere murder of the wife, when committed after +an interval, could demand only a diminution of penalty, according to +the more lenient opinion. Hence the justice of the decree for the +torment of the vigil should be said to be sufficiently asserted and +vindicated against opposing reasons. And now that confession has +followed, there remains only that condign punishment be inflicted in +expiation of this awful crime. + + GIOVANNI BATTISTA BOTTINI, + _Advocate of the Fisc, and of the Reverend + Apostolic Chamber_. + + + + + [File-title of Pamphlet 14.] + + + _By the Most Illustrious and Most + Reverend Lord Governor in + Criminal Cases:_ + + _ROMAN MURDER-CASE + with qualifying circumstance._ + + _For the Fisc, against Count Guido Franceschini + and the others._ + + _Response of the Lord Advocate of the Fisc._ + + + _At Rome, in the type of the Reverend Apostolic Chamber, + 1698._ + + + + +ROMANA HOMICIDIORUM CUM QUALITATE + +[PAMPHLET 14.] + + +Most Illustrious Lord: + +The matters deduced by his Honour, the Advocate of the Poor, for the +defence of Guido Franceschini, who is accused of three murders with +very grave qualifications which magnify the same, are of no real force +in proving [first] that he should not be punished with the ordinary +penalty of the _Lex Cornelia de Sicariis_, inasmuch as he had +confessed these crimes, and [secondly] that simple torture only should +be demanded for gaining the truth as to these, and that the torment of +the vigil should be omitted. I will attempt to show this, in +responding to these points singly, so far as the excessive scantiness +of time admits, and will keep my eyes on the rights of the Fisc, as +the duty of my office and the dire atrocity and inhumanity of the +crime demand. + +The chief ground taken by my Lord consists in placing on an equality +[first] a case of vengeance taken immediately by the husband with the +death of the adulteress found in her sin, and [second] that of one +slain after an interval when the wife is plainly convicted of adultery +(as he claims is proven in our case). But this falls to the ground +both in fact and in law; and hence the inference for the moderation of +the penalty drawn from this same parity is likewise shown to be +without foundation. + +In fact, the proof of the pretended adultery is quite deficient +according to what I deduced fully in my other information. In that, I +have confuted singly his proofs, or rather suspicions, resulting from +the prosecution, to which his Honour attaches himself. I have shown +that the wife's flight in company with Canon Caponsacchi, the +pretended lover, was for a legitimate reason (namely the imminent and +deadly peril, which she feared), and not from the illicit impulse of +lust. The participation and complicity of the Canon Conti and Signor +Gregorio Guillichini, relatives of the Accused, in forwarding the +same, ought to prove this. For they would not have furnished aid if +she were running away for the evil purpose of violating her conjugal +faith, even to their own dishonour. But they well knew the necessity +of the remedy, and that it was to free her from peril. And a witness +for the prosecution in the same trial for flight swore to having heard +this from Signor Gregorio. And they gave their aid in carrying this +out. + +Nor is it at all relevant that, in the decree in condemnation of the +same Canon to banishment in Civita Vecchia, the title of "carnal +cognition" was written down; because, as was formerly responded, the +alteration of that was demanded, and likewise the substitution of a +general title relative to the trial. And since no proofs of it +resulted either from the prosecution or from the defences which the +unfortunate wife (who was dismissed with the mere precaution of +keeping her home as a prison) could have made, if she had not been so +horribly murdered, and since the said decree, issued without her +having been summoned or heard, would be void, the inscription made by +the judge in the records as a title could not convict her of that +crime; but only the truth of the fact resulting from the proofs should +be considered. [Citations.] + +I acknowledge that the Accused should have been considered worthy of +some excuse if he had slain his wife in the act of taking her in +flight with the pretended lover; since for this purpose, not merely +the absolute proof, but the mere suspicion of adultery committed, +would be enough. [Citation.] But when, after neglecting the pretended +right of private vengeance, he sought out with entreaty public +vengeance, by having her arrested, he could not thereafter, while she +was under the public authority of the judge, take private vengeance by +butchering her who had no fear of such a thing. The suspicion of a +just grievance, which is difficult to restrain when aroused, excuses +the husband in part, if not entirely, whenever he takes vengeance +immediately under the headlong impetus of anger. But when the +vengeance is after an interval, and while the cause is in the hands of +the judge, and the victim is imprisoned at his own instance, this does +not hold good, as will be proved further on, by showing the +irrelevance of the principle assumed. + +Nor does the glossa in the alleged text, in the law of Emperor +Hadrian, stand in the way; because it speaks of a son taken by his +father in flagrant adultery with his step-mother, and killed by the +father immediately. [Citation.] And there is a wide difference between +a father and a husband killing after an interval; because, as +Farinacci adds, a father has the greatest authority over his son, and +by ancient law could even kill him. And certainly the husband does +not have this. The law also more readily excuses a father, because he +is always supposed to take good counsel for his child, from the mere +instinct of paternal love. But one does not have this same confidence +as regards a husband, who is accustomed to conceive unjust suspicion +of his wife more readily. Hence it is not permitted that he kill her +on mere suspicion after an interval. Nor is he in any way to be +excused on this account, according to the text. [Citation.] "The +devotion of a father's love usually takes good counsel for his own +children, but the hot precipitancy of a furious husband should readily +be restrained." [Citation.] + +This is so far true that a father is not excused unless he kill, or at +least severely wound, his daughter along with the adulterer; so that +it should be attributed to fate, rather than to paternal indulgence, +that she escape death. And this has been passed by law-makers for no +other reason than that such a grievance, provoking to rash anger, is +required for excusing a father, so that he may not spare his own +daughter. But since this statute is not to be found among the laws +about husbands, the manifest difference between the two, because of +the husband's excessive readiness to seize a suspicion and fly into a +rage against his wife, is plainly revealed. + +Nor is mere suspicion a sufficient ground to diminish the penalty for +a husband who kills his wife after an interval. This is evident from +the very authorities excusing him in such a case, whenever the +adultery is proved either by the confession of the wife or by other +proofs, so that she can be said to be convicted of it. [Citations.] +Bertazzolus says: "I have seen the matter so regarded in the +contingency of such a fact, and the husband has been excused who had +killed an adulterous wife, not found in the very act, but whose +adultery was really and truly existent and was quite plainly proved." +Hence it is plain, from those very authorities adduced by his Honour, +that the husband who kills his wife after an interval is not excused +because of mere suspicion, or because of an adultery case which is +still pending judgment, and which he himself had brought. + +In law, also, is his assumption proved to be without foundation, which +places on an equality [first] vengeance taken immediately, that is, in +the very act of taking the wife in adultery, or in acts immediately +preparatory, which lead him to such a legitimate belief; and +[secondly] vengeance taken after an interval, even when the adultery +is evident from such proofs as render it perfectly clear. There are +many authorities who urge the diminution of the penalty for the +following reason which they give--that the sense of injured honour +always keeps urging and provoking to vengeance, and that a wife may be +well enough said to be taken in adultery, when she has either +confessed it or been convicted of it. And these authorities have been +collected with a full hand by his Honour, and I myself recently +pointed out one of them. But the contrary opinion is the true one, and +is accepted in practice. To this fact the most distinguished and most +skilful practitioners of our time in criminal law bear witness. These +are [first] Farinacci, where, after he has first learnedly answered +the reasons and authorities adduced to the contrary, he concludes that +he undoubtedly believes so as to the law in the case, and counsels +that it be so held, unless we wish to err; and [second] Canon +Rainaldi, who also filled the office of Procurator of the Poor with +the highest praise, and so it may well be believed that he was very +strongly inclined toward mercy and commiseration, and that he +therefore adhered to this opinion in the mere zeal for the truth. And +he declared it to be the truer and the more advantageous to the State, +and said that one should not depart from it in giving judgment. +[Citations.] + +But even if the conflict of authorities might in some manner favour +the diminishing of the penalty for the Accused, if there had been +excess merely in the matter of time; yet he is still to be considered +as inexcusable, so that he cannot escape the ordinary penalty, since +so many qualifying circumstances are present which increase the crime; +and any one of these is punishable with death. + +To this end we should first consider the assembling of armed men, +which is so very injurious to the public peace, and constitutes the +crime of "conventicle." In the Banns, chapter 82, this is punishable +with the death of its author. It is also declared that it is enough to +establish this crime if four armed men are assembled. This had been +formerly prohibited under the same penalty by the seventy-fifth +Constitution of Sixtus V. of blessed memory, which had raised it to +the crime of rebellion, for whatever reason it might be done. Spada +proves this fully, asserting that it should generally be so understood +in all cases in which the assembling of men has been prohibited. + +To escape or evade this capital penalty, it is not a relevant excuse +that a husband may kill an adulterous wife by armed men brought +together. For, however it may be when a husband wishes to kill his +wife taken in adultery, and is afraid that the armed adulterer can +resist him, and that he may have servants for his aid (in which case +he himself cannot take vengeance otherwise than by calling together +helpers, as Caballus advises), yet in the case of vengeance taken +after an interval, and while the wife is under the power of the judge, +and on the mere suspicion of adultery, such convocation of armed men +cannot be said to be at all permissible. For the seventy-fifth +Constitution of Sixtus V. of blessed memory, prohibits such assembling +even on lawful occasion, as a disturbance of the public peace. +[Citation.] And so it is much more to be prohibited and much the +rather to be expiated with the ordinary penalty both of the +Constitution and of the Banns, since it was made for an illegal and +damnable end, namely to kill his wife, and his father-in-law and +mother-in-law along with her. This is rendered plain by the assertion +of the very authorities who excuse from the ordinary penalty a husband +who takes vengeance after an interval. And indeed the path of private +vengeance, which is hateful to the law, would be strewn all too +broadly if, after the husband had chosen legal vengeance and had +neglected to avenge his pretended injury in the act of seizing his +wife in flight with the pretended lover, he should be excusable in +taking vengeance after an interval with all security, by means of +armed men, and in killing her while entirely off her guard, and under +the power of the judge, without the slightest risk to himself. + +This is true in spite of the response which might favour him, that he +neglected to take private vengeance because he was unarmed, and the +wife was found in the company of the Canon, who was a bold, sturdy +man. The husband should impute it to himself if alone and unarmed he +was pursuing his wife, fleeing with the lover. For then he could take +associates with better right, and fully armed could pursue her; and in +such a case his assembling of men would be somewhat excusable. But +this is not so when he takes such awful vengeance after an interval. +For if we consider the reason why a husband killing an adulterer or +his wife is punished with a milder penalty according to the quality of +the persons, if the vengeance follow in the very act--namely, rash +anger, which cannot be restrained--the assembling of armed men to do +that after an interval is plainly revealed to be illegal. For rash +anger would cause him to expose himself to the risk of resistance by +the adulterer, who is not accustomed to approach unarmed. Because of +this risk the penalty is diminished, since it shows that the husband +carelessly exposed himself thereto, because of the violence of the +anger which blinded him. This is [not] the case in vengeance taken +after an interval, taken with all forethought and by means of armed +men, so that the husband cannot be afraid that any evil will befall +himself in carrying it out. Such preparation is quite repugnant to +rash anger, which cannot be restrained, and from which excuse is +drawn. [Citation.] + +The second qualification that increases the crime results from the +kind of arms with which the murder was committed, for these were +prohibited by the well-known decree of Alexander VIII. of sacred +memory. This was not merely for the carrying, but even for the +keeping, introduction, or manufacture of them for any cause whatever, +even under the pretext of military service or the execution of +justice. Hence they would be all the more prohibited [when carried] +for the purpose of taking such impious and awful vengeance by the +destruction of an entire family. + +Nor is the carrying of arms in such a case to be confused with the +main crime of murder; because when a greater penalty might be imposed +for the former, as when excuse for the killing is drawn from injured +honour, the carrying of the prohibited arms comes to be punished with +the ordinary penalty. [Citations.] Nor are the authorities adduced to +the contrary worthy of attention, for they hold good in the +circumstance of murder done in self-defence or because of provocation +in a quarrel. [Citation.] Still further, these are not applicable +because they do not speak within the bounds of the Constitution, which +so distinctly prohibits such arms. For Policardus speaks of the +_Regula Pragmatica_ which takes for granted the qualifying +circumstance of the crime of treachery from the kind of arms, and he +asserts that this order ceases in murder for self-defence, or on +provocation in a quarrel, when committed with the said arms. But this +judgment differs by the whole heaven from the sanction of our +Constitution; because the latter was issued for the very purpose of +entirely exterminating so pernicious a kind of arms. + +The third qualification likewise increasing the crime is murder +committed because of a lawsuit; for by the well-known decree of +Alexander VII. of blessed memory, this was increased to the crime of +rebellion and _læsa majestas_, punishable with death and the +confiscation of goods. This qualifying circumstance as regards the +slaughter of Pietro and Violante cannot be denied; because the Accused +had won a victory in the lawsuit. And hence the offence should [not] +be said to have been committed because of just anger for injury +inflicted upon him; [first] by the pretence of birth, which was +revealed after the marriage had been celebrated, in order that they +might break the marriage contract; [second] by the publication of +pamphlets greatly to his injury; and [third] by their conspiracy in +the flight of his wife to the injury of the honour of the Accused and +of his entire family. They claim that since this cause for avenging +the injury is graver than that arising from the lawsuit, the murder +should be attributed to it, as more proportionate thereto. + +But the victory he obtained had regard only to the actual possession +of the property while the lawsuit was under appeal. And the parents +were still pursuing this suit, so that that cause continued and could +not be said to be extinct. The injury, indeed, from whatever different +causes it may be claimed to have arisen, really came from this same +lawsuit. And this had regard both to the pretence of birth revealed, +and to the insults contained in those pamphlets concerning the +meagreness of the family affairs (which was quite the contrary of the +boasted riches, in the hope of which the marriage had been made), and +concerning the ill-treatment which the parents of the wife had +suffered in the home of the Accused. For by this marriage agreement +food was to be furnished them. Still further, as to any conspiracy in +her flight, much less as to any complicity in her pretended adultery, +we have no proof at all. And so the cause of hatred conceived because +of the lawsuit kept always urging him, and it does not redeem the +criminal from the penalty inflicted by the decree of Alexander, +because the suit might have been injurious to the Accused, either in +his substance or in the manner. For this indeed presents such a cause +as is always required in premeditated murders. Nor does it exclude the +qualifying circumstance of the lawsuit, and indeed confirms it; since +it is explicitly presupposed that injustice had been committed. +Otherwise an opportunity to take private vengeance would be permitted, +which in all law is forbidden, especially when a lawsuit is going on; +because then the majesty of the Prince is insulted, as was proved in +my other information, § _Accedit ad exasperandum_. + +The fourth and, indeed, a very grave qualifying circumstance is drawn +from the place in which the crime was committed, namely in the home of +those slain. It was also in an insidious manner, by pretending the +delivery of a letter sent by Canon Caponsacchi. For one's home should +be the safest of refuges to himself, as was proved in our other +information, § _plurimum quoque_. The manner indeed savours of +treachery, as is proved not merely by committing murder under the show +of friendship, but also at a time when the power and obligation of +special caution in the one slain had ceased. [Citation.] And this is +far from doubtful in our case, for the wretched parents could have had +no such apprehension from the Accused, who was staying in his own +country. + +To these is added a fifth very grave qualifying circumstance, drawn +from the place with respect to the very wretched wife. For she had +been imprisoned at the instance of the Accused, and was detained in +the home of her parents as a prison with the consent of the Abate, his +brother; and hence she was under public safekeeping, which it were +wrong for the Accused to violate without incurring the penalty of +_læsa majestas_. [Citation.] + +This very grave qualifying circumstance, which increases the crime, +cannot be avoided by the dual response given by his Honour; first, +that we are dealing with no prison properly speaking; second, that one +giving offence, or killing in prison, is excused on a just plea of +injured honour. Neither of these excludes this qualifying crime; for +the unsuitability of a prison would be considerable if we could defend +a violation of it made by one in prison and so to avoid his own +injury, but if it were otherwise when we were arguing in his favour +for avenging an injury to himself in a home assigned as a prison. The +plea of injured honour can help one only if the offence in prison +follow in self-defence under the very impulse of rash anger. In such +circumstances the authorities adduced by his honour would hold good. +But this is not so in excusing vengeance taken after an interval upon +one imprisoned even at the instance of the slayer. For then the +qualifying circumstance of the place greatly aggravates the crime, as +it is indeed injurious to the public safekeeping and involves +treachery, etc. + +It is therefore very evident that the murders committed by the Accused +have many qualifications mingled with them, which greatly magnify +them. And however far the opinion has weight, which urges the +diminution of punishment for one killing an adulteress after an +interval, and however much the pretended adultery may be declared to +have been proved in the manner required to gain such diminution, even +by all those in favour of the milder judgment, still this penalty, +because of these qualifications, would have to be increased and the +ordinary penalty of the _Lex Cornelia de Sicariis_ in its entirety +would have to be demanded. And therefore it seems superfluous to argue +about the kind of torture, since in view of these very urgent proofs, +of which I understand there is no doubt, and in view of the +well-known powers granted to the Most Illustrious Governor, it is +quite within limits that the crime should be punished with the +ordinary penalty, even if the qualifying circumstance of special +atrocity were not present, so that the penalty should not be increased +on that account. + +But such a qualifying circumstance is not wanting here, as it results +indeed from the treacherous manner and from the charge of _læsa +majestas_, which is provable in our case on three grounds; namely +offence committed during a lawsuit, the assembling of armed men, and +the violation of public safekeeping, because of the home assigned as a +prison. For according to the Apostolic Constitutions, the crime would +be raised to that degree upon the basis of the first and the second; +and there should be no doubt as to the power of the Prince to do so. +[Citation.] Spada asserts that in such a case, so far as all the +effects of law are concerned, it should not be considered a matter of +controversy that the qualification of special atrocity, which is in +agreement with such a crime, is to be revoked. And in our very +circumstances Spada gives this opinion in demanding the torment of the +vigil. + +Nor can that qualifying circumstance of the person concerned, so far +as it is proved, stand in the way of such infliction of the torment of +the vigil, which does not allow the death penalty upon a nobleman to +be made worse, as is accustomed to happen in very atrocious crimes +(because noble blood should not be degraded by such increase of +penalty which adds infamy). But for this purpose merely the nature of +the crime is considered, and not the quality of the person, which +would hinder the execution of a penalty carrying with it such infamy. +Otherwise the torture of the vigil never could be inflicted upon +noblemen, priests, and men in religious office upon whom an infamous +penalty cannot be inflicted. But nobility affords no privilege in the +manner of torment, especially in very atrocious crimes [Citation], +etc. + + GIOVANNI BATTISTA BOTTINI, + _Advocate of the Fisc and of the Apostolic Chamber_. + + + + +RESPONSE + +_To the Account of the Fact, and Grounds in the Franceschini Case._ + +[PAMPHLET 15.] + + +The splendid statue of Nebuchadnezzar fell because it was not firm on +its feet. So fall to ground those imagined and forced suppositions +concerning the origin of the present execrable murder, which the +Anonymous Writer in his printed pages [Pamphlet 10] has tried to +insinuate into the dull heads of the crowd. This murder was committed +here in Rome upon three wretched and innocent persons, by Guido +Franceschini, assisted by four men who were armed with prohibited +arms, who were brought together for that purpose by the influence of +money, and who were kept insidiously for many days at his expense. +[These pages claim that] the crime arose from justly conceived anger: +[first] because eight months earlier Guido had discovered Francesca +Pompilia, his wife, sinning against him in his own house at Arezzo, +and [then] because she had fled in company with Canon Caponsacchi of +the same city back to Rome to place herself again under the protection +of Pietro and Violante Comparini, who had raised her as their +daughter; and [thirdly] that the suspicion had also grown upon Guido +that in her precipitate journey she might have broken with the Canon +her marriage obligations, since certain love-letters were found upon +her, from which he unreasonably deduced her adultery, and he supposed +that the said Caponsacchi was condemned as an adulterer to a three +years' banishment at Civita Vecchia. And these pages try, under the +pretence of injured honour, to render Guido's crime less grave and to +excite compassion, no less in foolish persons than in the hearts of +our most religious judges, for the purpose of disposing them toward a +milder penalty and one out of keeping, according to the laws, with the +quality, form, and circumstances of this crime. And this in substance +is all that is claimed by the author of the pamphlet entitled _Notizie +di fatto, e di ragione nella Causa Franceschini_. But they are indeed +very much at fault in their account of that tragic history, which had +a different beginning and an occasion independent of the imagined +ground of honour. In that pamphlet it was presupposed all too +bitterly, that Guido's honour had been injured by his wife; whereas +she always preserved her sense of shame and had well observed the laws +of conjugal honour, as is plainly shown in this present article. + +That this sad catastrophe, this slaughter of an entire family, did not +proceed (as the Anonymous Author claims in his pages) from the +pretended sense of injured honour, but from damnable greed, one can +very clearly see by considering the fact that for this very object the +unfortunate marriage with Francesca Pompilia was entered into by +Franceschini. For it was taken for granted that after the death of her +supposed parents she would surely fall heir to a considerable +property. All the more ought we believe that the crime was committed +because of hatred arising from the three lawsuits then pending; that +is, two in the civil courts and a third in the criminal courts. One of +these was as to the legitimacy of the parentage of Francesca Pompilia, +the wife, and the nullification of the dowry-agreement, and was +brought by Pietro in the Tribunal of the Sacred Rota. The second suit +was for divorce, and was brought by the said Francesca Pompilia before +the Vice-Governor. The third is a criminal suit, as to the pretended +adultery, which is still pending in the Tribunal of his Excellency the +Governor; this latter was brought under the very impulse of greed, to +gain the entire dowry. Since this fact was conclusively evident in the +case introduced by the said Franceschini, he was deceived in this hope +of gain by the failure of the proofs, which the defence caused to +vanish utterly, as they could do by means of the wife. Hence he broke +into an excess so tragic and so deplorable as to reveal clearly the +tricks and frauds practised for the purpose of bringing about that +marriage. Here then are the plain proofs that this is the truth. + +Guido Franceschini was staying at Rome in idleness, out of the service +of a certain Cardinal, without a soldo, by which service he had +provided for himself up to that time. His usual loafing-place was in +the shop of certain women-hairdressers, where he often announced his +intention of setting up his house with some good dowry. He also +boasted of the grandeur of his country, his birth, and his property. +By his promises he induced this woman to find him a chance for such a +marriage, and she informed him of the opportunity in the said +Francesca Pompilia. The latter was then esteemed to be the true and +legitimate daughter of Pietro and Violante Comparini. He set about +this enterprise with the aid of his brother, Abate Paolo, using the +astute prudence with which the malign serpent advanced his designs in +Paradise to subvert Adam into disobeying God's precept and into eating +the forbidden fruit; for [Satan] considered the matter in this way: +"If I wish to assault the man directly, who is so strong and so +resolute, he will turn and give me a sure repulse. It is therefore +better that I first tempt the woman, who is of a fickle nature and +soft-hearted." And he made his first attack upon Eve; because when he +had gained his point that he might have her, by her means it would be +easier for him to win over Adam. "For he first attacked the mind of +the weaker sex," are the ingenious words of St. Hilary. + +And so for this purpose did the said Guido devise the marriage with +the knowledge of his brother, Abate Paolo, and likewise to this point +he succeeded in it. For he avoided talking with Signor Pietro about +the marriage, by whom it would probably have been refused, and wished +first to tempt Violante, his wife. Because by gaining her he would the +more easily overpersuade her husband to give his consent. Nor was it +difficult for him to astound the woman, because he knew how to impress +her very well with the thought of the grandeur of his country, of the +first-rate nobility of his birth, and of the great income from his +patrimony, amounting to 1700 scudi. And he gave her an itemised +account of it written with his own hand. She was enchanted thereby +and, without getting any further information about the matter, she was +able to persuade her husband and to extract from him his consent to +it. This proves what we read written in Proverbs: "A wife takes +captive the soul of her husband." He speaks this of Mordecai who +availed himself of Esther, when he wished to placate the anger of +Ahasuerus against his people; of Joab, who used the services of the +woman of Tekoah when he wished to soften the anger of David against +his son; and of the Philistines of Timnath, when they wished to gain +from Samson the secret of the riddle proposed to them at the marriage +feast. + +The credulous but deceived woman so cajoled her husband that she at +last induced him to sign the marriage agreement providing for a dowry +of 26 bonds and, at the death of the said Comparini, for all their +possession, amounting, as the Anonymous Writer acknowledges, to the +sum of 12,000 scudi. And, for the purpose of making the said +Franceschini guardians of the said property even during the life of +the Comparini, they had to give up even the income of it. This +property consisted of numbers of profitable and well-situated houses, +and of bonds. The Franceschini also assumed the obligation to take the +said Comparini to the city of Arezzo, and there to feed, clothe, and +provide them such service as they would need. This promise was made +not without the hope that on account of the insults and sufferings +which they would have to bear their death would be hastened. And thus +Guido would become the absolute master of their property. + +After having signed the said agreement Pietro absolutely refused to go +on with the effectuation of the marriage of the said Francesca +Pompilia, with the abovesaid Guido, of whom he had had few good +reports; and these were far different from the pretended riches and +vaunted nobility. Hence one may well say of him what Persius concludes +in his fourth Satire: "See what has no real existence; let the rabble +carry off their presents elsewhere. Dwell with yourself, and you will +know how meagre your furnishing may be." + +At any rate, the said Guido joined the said Violante, whom he had +imbued with his flatteries and endearments, spurning any further +consent of Pietro by keeping him in ignorance of it. And without the +knowledge of the latter, Guido contracted the marriage with the said +Francesca Pompilia in the face of the Church. And he evermore +discloses by this act, which shows so little reverence to the promiser +of the dowry, his own greed, not merely for the amount which had been +assigned to him in the marriage agreement, but also for the rest of +Pietro's property. For he felt sure that after Pietro's death the +property, by the entail of the ancestors, would necessarily fall to +the said Francesca Pompilia, who was already his wife. + +When, after a few days, Pietro found out that the marriage had taken +place, though he reproved the deed vigorously, yet because what is +done cannot be undone, and by means of the cajoleries of Violante his +wife, and the interposition of another Cardinal, whom the Abate, +Guido's brother, served, the poor old fellow was constrained to drink +the cup of his bitterness. And he came, as it were by force, after +many months to the stipulations of the dowry agreement. He quickly +began to feel the effects of Franceschini's trick, since Guido had +scarcely a single soldo of his own to pay the first expenses of that +marriage agreement. Hence, to supply these, he was obliged, against +the wish of Pietro, to free from entail five of the bonds, or more, by +the authority of the Auditor of the Most Illustrious Governor, and to +sell them for meeting these expenses. Hence one may see clearly that +the primary object of Franceschini in this proceeding was to trick +Pietro, and Violante his wife, and their poor child, to enrich himself +with the property of others. + +He can no longer deny the fraudulent pretence of vaunted riches of the +Franceschini in the note written in his own hand and given to the +Comparini. And indeed the Anonymous Writer confesses it openly. For, +in order to free Abate Paolo from complicity in that trick, the latter +pretended that he took Guido his brother to task roundly for the +alteration of the said note. The said Comparini very quickly found +this out. For as soon as they had gone to Arezzo they learned that the +property of the Franceschini family was very slight. And such were the +miseries and abuses that the Comparini had to suffer in victuals and +in harsh treatment that they were obliged to return to Rome after a +few months; for they were locked out of the home and had to go to the +tavern to lodge; and these abuses were for the purpose of shortening +their lives, either by their sufferings, or the fury caused thereby. +And this fact is very evidently proved by the rent-rolls taken from +the public records of the city of Arezzo. From these it is shown that +the said Guido did not possess a single dollar's worth of the settled +property mentioned in the said note. It is also untrue that he and his +family enjoyed the highest rank of nobility in the city, because, from +other extracts drawn from the public records of the city, it is +evident that his family is of only secondary rank. + +The abovesaid crafty and fraudulent methods of dealing, which came to +light long before the murder had followed, and which became known in +this Court and in Arezzo, can well show that greed was the origin of +this premeditated slaughter (which was put in execution in such a +horrible manner, as is notorious) and not the pretended ground of +injured honour. For, according to common opinion, Abate Paolo, no less +than Guido his brother, had worked the tricks exposed as above. And by +men they were suspected of subterfuge and craft, so that this made +them more sensible of injury than anything else. Hence they could no +longer boast the grandeur of their nobility and the affluence of their +riches, which they had spread abroad on the lips of the crowd. And +every one avoided having anything to do with them, as persons of bad +faith and as usurping a glory to which they had no real right. + +The greediness of this self-interest became greatly inflamed; so that +in these Franceschini brethren one may see the common axiom verified: +"Craft is deluded by craft." That is to say, Violante was urged on by +remorse of conscience and by the abuses and injuries received in their +house, and was constrained by her confessor at the time of the Jubilee +to reveal to Pietro, her husband, that the said Francesca Pompilia was +not their daughter, but was of a false birth. And this seems very +probable in view of the age of 48, which Violante had reached, when +she pretended to be pregnant with her; because in the fourteen years, +during which she had lived in lawful matrimony with Pietro, she had +never had children. Also, by witnesses then living, she could afford +conclusive proof of the pretence of the birth. And when notice of that +had been given to Abate Paolo, that he might come to some compromise +over the annulling of the dowry contract for the entire patrimonial +property, he spurned the kind offers made to him through the +meditation of friendly persons and refused every means of peace. Then +a warning (as to the falsity of the said birth and the illegality of +the dowry contract) was served on him by Pietro before Monsignor +Tomati. And conclusive proof of the birth was given by six witnesses, +who were examined before the judge with questions offered in behalf of +the said Franceschini. Yet the same judge saw best to forward the case +during the mere immediate possession, by continuing to the said +Francesca Pompilia the quasi-possession of her parenthood. +Nevertheless, an appeal was taken from his sentence, and it was +committed to the Sacred Rota, before Monsignor Molines, where it still +hangs undecided as to the principal point of the pretended parentage +and the nullity of the dowry contract. For righteous judgment in such +a tribunal the judge doubtless awaited for conclusive proofs of the +said pretence of birth. The nullity of the dowry contract would none +the less be decided, because it had made declaration that the said +Francesca Pompilia was their daughter. And with this falsehood the +advantage which the Franceschini had obtained for their own selfish +gain by such tricks would cease. + +All this is proved by the reflection that the trick of Franceschini +was made public, not merely in Rome, but in Arezzo, and that he also +was deluded by a similar artifice because of the proofs already made, +while judgment was pending, that the said Francesca Pompilia was not +the real and legitimate daughter of the said Comparini. On the ground +of these far-fetched suspicions Guido made pretence of a reason for +maltreating her with insults and blows, and more than once he provided +himself with a sword and fire-arms to take her life. He did this to +take vengeance upon her for his own trick, by which he had been +deluded. Therefore it was quite right for the poor wife, who was of +the tender age of sixteen years and a stranger in the place, to avoid +the rage of her husband at different times by fleeing for protection +to Monsignor the Bishop, and to the Governor, or Commissioner of the +City, that they might put some check upon the cruelties she was +suffering. And although these persons by their interest in the matter +succeeded for the time in putting a stop to the threats, yet the poor +intimidated wife always passed her days shut in a room. And her fear +was greatly increased because she saw that the said Guido had made a +mixture of poison, with which he threatened he would take her life +without the uproar attendant on the use of arms; and thus he would be +the surer of his crime going unpunished. Now if, even at a time when +no shadow of suspicion of dishonour had fallen, the husband was +contriving the death of his wife, the Anonymous Writer might well +abstain from soiling his pages for the purpose of proving that the +slaughter of those murdered had had its origin in the impulse to +repair offended honour. For his pages would have had much better +foundation if he had consulted the truth, namely that these crimes had +arisen from deluded self-interest. + +The poor wife in her agitation over these difficulties that we have +told, had nothing else to do but think of finding refuge from the +death she feared. And when her mind was somewhat sharpened by its +vexations, she intrusted herself to the Canon Conti, who is closely +related to the Franceschini, and declared to him her miseries, her +perils, and her just fears (although they were not unknown to him), in +order that he might try to give her consolation by placing her life in +safety. He was touched with living compassion and was moved to free +her therefrom by pity for the grievous state in which she was. And he +well knew that there was no other escape than flight from the home of +her husband, according to the saying of the poet [Virg. A. III. 44]: +"Alas, flee the cruel earth, flee the greedy shore." But not being +able to give her aid in this affair, he suggested to her that for +putting the matter into execution, there was no better person to the +purpose than Canon Giuseppe Caponsacchi, his friend and intimate, +whose spirit had stood every test. And when Conti had spoken of it to +him, although Caponsacchi saw difficulty in aiding the desire of the +young woman, because he did not wish to incur the anger of the +Franceschini, yet at last the impulse of charity and pity prevailed +upon him to free this innocent woman from death. And when his +readiness for the attempt was reported to her by Conti, she did not +fail to inflame him with more messages and letters, even containing +alluring endearments, for the effecting of her escape. Yet she also +kept during all this time her constant desire of not violating her +marriage-vow, since in some of these letters she praises the Canon for +his chastity, and in others reproves him for having sent her some +rather improper octaves. She also warned him against degenerating from +the good behaviour, on which she had congratulated herself and had +planned with him the flight. + +While her husband and the whole household were asleep, both of them, +with the assistance of the Canon Conti, set out upon a headlong +journey by post, without losing a moment's time, except for changing +horses; and they arrived by night at Castelnuovo. And although the +host had prepared a bed for rest, nevertheless they did not avail +themselves of it. For Caponsacchi was always solicitously watching to +see that the driver prepared other horses, to continue the journey to +its end. Nor did the host of that tavern, when cross-examined in the +prosecution for flight, ever dream of bearing witness that the wife +and Caponsacchi had slept together in the bed that was prepared, even +though Franceschini, to his own dishonour, had published the contrary, +that he might, by the pretence of injured honour, throw a false light +upon the true grounds of the murders committed by him. + +In the meantime her husband arrived. When his wife saw him, did she, +timid as she was, shrink back? Did she acknowledge herself guilty of +any sin, or of any wrong done to him in guarding her purity and +modesty? No! But all on fire, though she was at the tender age of +sixteen years, as I have already said, the constancy of her own honour +rebuked him for the tricks and abuses which he had employed, and for +the threats and blows he had very often given her, and for the +poisonous drugs he had prepared to take her life. And [she declared] +that she had been obliged to do as she had done, to find an escape by +flight from graver peril, and to return to the parental love of the +Comparini, who had raised her as their daughter; and that she had +always been careful to keep her wifely honour intact. The same rebuke +was made by Caponsacchi, who during the flight had religiously +observed the limits of due modesty. + +What did Franceschini answer? What did he try to do, although he was +armed with a sword against his defenceless wife and against +Caponsacchi, who had with him only a little dagger? Nothing, indeed! +according to what the witnesses who were present deposed; because he +stood convicted by the just remonstrances of his wife. But what did he +do? He gave up all vengeance, which by right of natural law, or much +more by civil law, he might have taken for that; and, as the Anonymous +Writer goes on to boast in justifying him for this execrable crime, he +implored the arm of the Law and had his wife and Caponsacchi arrested +by the authorities of the place. And at his own instance they were +conducted as prisoners to the prisons of the Most Illustrious Governor +of Rome, before whom Guido charged them with flight. Then, not content +with this, he brought forward that other charge of supposed adultery +committed with the said Caponsacchi. He also outdid himself greatly by +making noisy petition to the Supreme Pontiff for their punishment, and +the latter sent back his entreaties to Monsignor the Governor. He was +brazen enough to demand, with a new complaint, that his wife should be +declared an adulteress and that to him, according to law, should pass +all the gain of the dowry. This in substance clearly proves that he +did not insist on vengeance for the reparation of his honour, which he +himself had passed by, but he did all this for the sole object of +gain, that is to win the dowry. + +What efforts, what exclamations, what diligence did Franceschini and +Abate Paolo, his brother, not use to have the wife declared an +adulteress and to gain the desired lucre? Monsignor the Most +Illustrious Governor knows it, who endured with all forbearance their +passionate pressure upon him. Signor Venturini, judge in the case, +knows it. And all the other judges and notaries of the Court, who were +nauseated by their importunity, know this very well. Then since +judgment could not in any event fall according to the designs of the +Franceschini, as there was no proof in the trial of any offence, +either in the wife or in the said Caponsacchi, the most Religious +Judges, who in prudence were judging rigorously (for the purpose of +giving some satisfaction to the Franceschini brothers in their strong +insistence, rather than because of the obligations of justice), +banished the said Caponsacchi to Civita Vecchia for three years. +Caponsacchi straightway obeyed this sentence, and has never left the +place assigned him. The case was left undecided as regards the wife, +who was placed in the Nunnery of the Scalette as a prison. Then when +there was some question as to her pregnancy, with equal prudence, she +was removed from the nunnery by the order of the Most Illustrious +Governor; for it was not decorous that she should give birth to a +child there. And with the consent of the said Abate Paolo she was +placed in the home of the said Comparini under security of 300 scudi +to keep it as a secure prison. + +On this point the Anonymous Writer disputes too bitterly what was +written learnedly by the Fisc, and claims that the consent of the said +Abate Paolo had not been given. But the great and incorruptible +integrity of the Fisc is known to every one; because of which he would +be unwilling to give his word in writing for what was not evident on +the surest proof. Yet the fact of Abate Paolo's consent is plainly +proved, since he in person so agreed with Monsignor the Most +Illustrious Governor and with Signor Venturini, the judge, jointly. +And he exacted from Pietro Comparini the obligation to supply her with +food without any hope of recompense. And this was so carried out, +although the quality of the Comparini did not deserve so indecent a +rebuke on account of having been too indulgent with them. + +With like bitterness it is denied that the said Abate Paolo had power +of attorney from Guido, his brother, enough to give such consent; +because, in making such a provision, Monsignor the Governor had no +need of the consent of the parties. And, even if he had wished to show +Abate Paolo such courtesy and urbanity, the Author should not reply +thereto with such incivility, in criticising the judge for having done +wrong because of the lack of that power of attorney. For by such +procedure [Abate Paolo] proves that he wished to trick also Monsignor +the Governor into consenting to a thing beyond his power. And he rests +convicted of this, because the said Abate Paolo was the manipulator of +all they did, nor was a straw moved without his assistance. And he was +well provided with abundant power of attorney by his brother, +wherefrom he had the fullest authority to do as if he were the very +person of his brother, with a proviso of after confirmation, the +efficacy of which every one knows. And this is confessed even by the +Anonymous Author, since he asserts that Guido at his departure left +the entire conduct of his case to the Abate, his brother. But one may +well see with what object he denies the said consent, that is, in +order that he may more bitterly make pretence of the complicity of the +Comparini in the pretended dishonesty of Francesca, who had been +guarded by them as a daughter. This would seem very improbable if he +should once admit the consent of the Abate. + +No less rancorous is the assertion made by the Anonymous Writer that +Lamparelli laid out the money to provide Pompilia with food while she +was in safekeeping. Nor was Lamparelli reimbursed by the deposit in +the Office, which had come from the money found on her and on +Caponsacchi, when they were arrested at Castelnuovo, which was +supposed to have been stolen from the husband. But the 48 scudi, which +the wife confessed to have taken away from him, were fully restored to +the said Abate Paolo, as is proved by his receipt, made during the +trial. The rest of the money was conclusively proved to belong to +Caponsacchi. And as soon as Abate Paolo received the money, for which +he continually clamoured, he left Rome to take part in the planning of +that notorious murder, which followed a little while later. + +But there had previously been given notice, at the instance of +Francesca Pompilia before Monsignor the Vice-Governor, of a suit for +divorce and for the recovery of the dowry, which had been spent. This +was very bitter to the Franceschini, because in that lawsuit +conclusive proof would be made of their subterfuges, their cruelties, +their threats of poisonous drugs that had been prepared; of which the +Canon Conti, who was the mediator in that flight, had not been +ignorant. And it is public talk and report throughout Arezzo that he +died about a month ago under similar suspicious circumstances. Hereby +ceased all hope, which the Franceschini had had from the beginning, of +gaining the entire property of the Comparini. And from this, every +sane mind may see and know what is the true root of such rash and +pitiable murders; whether it is injured honour, or scandalous and +detestable greed and cupidity. From this arose the hatred in the +lawsuits brought and still undecided, which drew even greater +dishonour upon the said Franceschini, and when decided would be for +their ruin. + +In vain therefore this Anonymous Writer and his other defenders wear +themselves out in exaggerating the plea of injured honour. For then +that which had no true existence would have been taken from Guido by +his wife. This was fully proved in the arguments made for the Fisc, in +answering those letters, from which Guido drew his strongest proof. On +the contrary, Franceschini has by his own deed renounced all right to +repair his honour, since he did not avenge it at the time of +overtaking her in the said inn of Castelnuovo. Nor does his excuse +really help him--that he was unarmed, because he had with him indeed a +sword, and possibly other concealed arms. For it is not probable that +he would have been willing to go on following his wife accompanied by +Caponsacchi, without being provided with arms. And this all the more +because the fugitives also were unarmed and were provided merely with +a little dagger. But Guido preferred to choose the judicial road and +had them arrested by the police, and he demanded that the charge +against them be pushed through to their punishment, even imploring the +rescript of the Supreme Pontiff. He also laid his entreaties again +before the judges in the case (this very well discloses his purpose, +which was the unconquerable motive of all his acts) and made special +insistence before them for the payment of the price of the honour, +which he pretended had been taken from him. And would he not even have +had his wife declared an adulteress for the sake of gaining the dowry? +If then he has, as one may say, demanded the price of his honour in +the Courts, how can he be permitted to commit such awful murders for +honour's sake? + +For whenever a husband is permitted by reason of natural law, or even +by the civil law, to kill his wife for honour's sake, this power and +faculty ceases whenever the husband has renounced it by imploring, as +above, the arm of the law. And these complaints that he made, and his +recourse to the Pope, show the price he put upon his honour. And with +these judicial proceedings he lost, without doubt, his right of +private vengeance for his injured honour, which he might have carried +out. And by this one tacit renunciation, this right is extinct. +[Citation.] For the writer cannot claim that the judicial action +brought by Franceschini would not effect the renunciation of private +vengeance for his honour, but that he could still employ the one or +the other, and avail himself of whichever might seem better to him. +For this is contrary to the text [Citation] which is stated as follows +by the celebrated Canonist, Giovanni Andrea: "A choice cannot gain +both alternatives in seeking confirmation therefrom; even if the one +is claimed to include that by which the man can attain the end of his +intention. Therefore a man must choose one, and when it is chosen he +cannot turn to the other." And still clearer are the following words +of the same authority: "The right to return to a second alternative +shall not at all be allowed, when one seems to have renounced to +choose the first and to profess that his rights cannot arise +therefrom." + +But although this exception from every miscarried law might be judged +permissible, every foundation of it would be destroyed by the utter +lack of proof of an offence received in his honour; for there was no +proof of it in the prosecution for flight. The Anonymous Writer +strives to deduce that from the pretended love-letters written to +Caponsacchi, which were denied by Francesca and were not proved to be +her handwriting, either by her own acknowledgment or by her signature. +One cannot claim that she was convicted of it, nor that any legitimate +proof of it resulted, as all judicial practice shows. + +And even if without reason we were obliged to acknowledge that they +were written by her, would it not be too bitter and too unreasonable +an inference that from them arose the husband's motive for killing her +because she had written them? No one of sound mind will be persuaded +to pity the husband who has gone on to kill his wife for the sole +reason that she had written love-letters. For conjugal honour is +offended neither by note, nor by pen, but only by acts of impure +dishonour; and of this, in our case, every shadow of proof is lacking. + +This is all the more true because the mere suspicion of dishonour +ceases with a thought of the true motive, for which the letters were +written; namely, by pretended demonstration of affection to allure +this Caponsacchi to rescue her from imminent peril of death. Nor from +this could she find any other escape than by flight; for she was +always terrorised by the anger and hatred conceived by her husband for +feigned reasons. And therefore, as the love-letters arose from that +occasion they ought to be referred to it, and not to a dishonourable +wish to smirch her conjugal faith to her husband. To the same cause, +likewise, should certain conversations be referred, which she had had +from the window with the said Caponsacchi in order to arrange the +manner of saving her life, and not to give offence, nor to hazard her +own modesty, nor the honour of her husband. Even the most chaste of +women have used like artifices. We find in the Sacred Scriptures that +Judith entrapped Holofernes in the same way, for the purpose of +winning the liberty of her native land. And so it may be no less +permissible for this poor woman, who was solely intent upon the +security of her life, to allure Caponsacchi by amatory letters to be a +safe companion for her in her flight, and this without any stigma of +immodesty. + +Much less can an offence of his honour be inferred from the flight; +because, as I noted above, this flight resulted from the cause +declared. And one may see clearly that it was not for doing any injury +to her husband. For the fugitives did not turn aside into unknown +places, but they journeyed precipitately along the consular road by +post, without spending the night anywhere. And their journey was +toward Rome, where the poor wife hoped that the Comparini, who had +raised her as their daughter, would continue toward her those acts of +love with which they had brought her up, even till the said marriage +was contracted with Franceschini. + +And all that is being reported that a driver testifies he had seen +them kissing along the road has no legal foundation. For it rests +merely on the word of a single witness of the lowest class, and he +swears to matters that are quite improbable, because he had to drive +the carriage with such rapidity as that with which the fugitives were +following their journey. Hence it was almost impossible for him to +look backward, or to see what they were doing inside of that covered +carriage. And this is all the more so because his deposition is vague, +nor does it specify whether the kisses were given at night or by day. +But his deposition is rendered much more doubtful and improbable +because, in such a swift journey as the carriage was making, it might +chance during the jolting of it that the accident of their faces +meeting casually would arise, and to him this might seem the act of +kissing. This happens very commonly, even when one is making no such +journey, according to the quality of the road and the rough ways which +one finds. This makes his testimony insufficient and doubtful enough +or, even further, it is audacious and incredible. + +Then as to the other point which the Anonymous Writer asserts too +bitterly, namely, that when they arrived at Castelnuovo the innkeeper +was ordered to make up only one bed for the repose of the fugitives, +and that they slept together. The host however did not have the +hardihood to swear, in his cross-examination, that they had slept +together in it. This circumstance is excluded by the deposition of the +wife as well as by that of Caponsacchi. Because their affidavits +constantly affirm that neither of them went to bed for rest, but that +merely the wife, who was worn out by the discomfort and suffering of +so precipitate a journey, rested for a few hours seated in a chair; +and that the bed was left arranged as the host had adjusted it; and it +would have been found mussed, if they had slept in it. It is also +proved that when Franceschini arrived at the said place he found +Caponsacchi urging that the horses be harnessed for continuing the +journey, and no proof is given to the contrary. Nor can one justly +pity Franceschini for his injured honour, which had been kept intact +by the fugitives. + +Likewise the title, to which the same Writer appeals--that the decree +of condemnation for Caponsacchi's banishment had been inflicted +because of criminal knowledge, to the injury of Guido's honour--has +no real foundation; because this title was corrected as untrue, and +not in accord with the proofs. Of this fact we may have as legitimate +witnesses the very Governor himself, and all the judges and notaries +of the tribunal who have any part in the criminal court. And if one +will only give it due thought, the title of that case was placed +there, just as a wine bush hangs outside the door of an inn, which +very well shows that they sell wine there, but does not prove whether +what they sell is good, and saleable, and agreeable. Oh! by no means. +For one may find the wine there to be sharp, and muddy, and of other +inferior qualities. If therefore we read the documents and the proofs +registered during the prosecution, by which the crime is proved, and +not by the erroneous title, which cannot offer a shadow of proof for +the pretended criminal commerce, there is even less suspicion of +immodesty. And one can well understand that all proof was lacking +during the prosecution from the mildness of the penalty inflicted, +which does not at all correspond with the gravity of the crime +charged. One can also see the impropriety of condemning Caponsacchi as +an adulterer while the cause against the wife was still pending; +because she could not be condemned while undefended. + +But to remove every suspicion of this pretended adultery, I beg any +dispassionate reader to reflect that the adultery could not have been +committed in Arezzo, because to the guardianship of her husband was +added that of the brothers, of their common mother, of the servant, of +the relatives, and of the neighbours; yea, the voluntary imprisonment +of the unfortunate child, who was always shut in a small room to guard +her honour. Much less could adultery have been committed during the +journey, as has been proved to be utterly unlikely, improbable, +unproved, and far from the truth. Nor could it have been committed at +Rome; for it is well known that Pompilia was taken from Castelnuovo to +prison, and from there was removed to the Nunnery of the Scalette, and +then because of her pregnancy was consigned to the said Comparini, +under the form of keeping their house as a prison with security of 300 +scudi. Caponsacchi also was staying then at his place of banishment in +Civita Vecchia. In this fact all suspicion ceases, since the consent +of Abate Franceschini, who is so zealous for his brother's honour, as +well as his own, concurred therein. + +Nor can one restrain himself without strong exertion when he hears +such exaggeration from the Anonymous Writer as that Caponsacchi left +his prison to go in banishment to Civita Vecchia at a time when the +wife was staying in the house of the said couple, as a prison, and +that he lodged in their house. But he cannot speak a more barefaced +lie than that, because Caponsacchi has never been their guest, and as +soon as he left the prison he went to the place of his exile; and he +has faithfully observed his banishment without ever returning to Rome. +Nor did the wife leave the nunnery before it was proved to Monsignor +the Governor that Caponsacchi was staying in Civita Vecchia, as was +established by the authentic testimony of the Chancellor of that +district. + +The said Writer, however, gives me even more room to blame his +excessive boldness in stigmatising the honour of Franceschini as +sullied by his wife, by saying that as soon as Guido had ascended the +stairs in company with his fellows, armed to commit this execrable +murder, he looked about upon those walls, which were all full of his +insults, as if the said silent stones had known how to make +contrivances of foolish thoughts to foment his inhumanity for so +horrible a murder. Because for this he can give no other proof than +that he was writing fancifully without any foundation. For Guido was +indeed willingly dishonoured; because to his other dishonours he added +these disgraces also, even by his own wrongdoing. For it is made very +clear above that the cause for which he committed the crime was not to +repair his honour, which had been injured by his wife. But it was his +unmasked tricks, the hoped-for lucre, which had vanished, and the +lawsuits still pending. + +And why can he not bring some other no less convincing proof, if +honour urged Franceschini thereto? And was not that honour +sufficiently avenged by the death of his wife? Why imbrue himself +straightway with the blood of Violante and Pietro, who were not +accomplices in the pretended dishonour? And why should he lay such +plots through many days to procure the death of that kindly +benefactor, because the latter had been moved by pity and had +ministered to their aid in the said lawsuits? Upon that one there has +never fallen a suspicion prejudicial to Guido's honour. For while the +wife was in Arezzo he was staying at Rome. And when she was first +married she was not fully thirteen years old, and after her flight, +when she had returned to Rome, we know that she continued under guard +in prison, or in the nunnery, and then in the home of her parents, and +at this time she was very near her confinement. Hence one can conclude +truly that the motive of this murder was other than that of honour, +and that it was his greed, as was said, and the lawsuits, as +Franceschini himself confesses in his cross-examination. + +Nor ought the declaration made by the said wife in the face of death +be despised, since in the presence of many priests and persons who are +quite trustworthy, even while she was constantly suffering from such +severe wounds, she maintained and professed with greatest frankness +that she had always lived chaste and faithful to her husband. And with +a heart in fullest resignation to the Divine Mercy, she prayed pardon +for every mistake she had committed to the disgrace of her husband. +Nor in such a matter is it to be presumed that the one dying lies, at +the risk of the eternal safety of her soul. A person should also +reflect that in this deed there occurs a special favour from the hand +of the very Omnipotent, who caused the wife to survive for a few days, +in order that she might make clear her own innocence and throw light +upon the murderers; for without this the crimes would have gone +unpunished. For during the same crime Franceschini had repeatedly +commanded his companions to see if she were quite dead. And when they +had taken her by the tresses and had lifted her from the ground where +she lay, they believed she was dead; because the poor wife, by natural +instinct, knew how to feign it by her relaxation, as the delinquents +confessed. And this mark of divine favour all the more verifies the +declaration of the wife, which has been proved by the confession of +those guilty of the crime. + +I have left it for the last to discuss and refute what the said Writer +pretends concerning Abate Paolo. But if he had to speak the truth, he +might reasonably affirm that the Abate had been the whole foundation +of this scandal. For he had urged Guido on to the murders, and he had +woven the whole plot, inasmuch as it was he who, from the beginning, +wished to attain, by dint of industry and trickiness, the marriage of +the said Francesca Pompilia. It was he who had sustained the suits, +both civil and criminal, and he who, under the name of a grandee, and +by boasting of their word of honour, had tried to extort a judgment by +means of fine insinuations, by subterfuge, and by trickery; which was +not right. It was he, who was very sensible of having been proved to +be the man of guile, who had been deluded by his own trick. Therefore +this Writer had good reason to say that the faces of others served the +Abate as mirrors by which to read his own evil courses, and not the +lost honour of his brother. + +I forbear to respond to what the Anonymous Writer has tried to have +believed to the praise of Abate Paolo Franceschini, to excite greatly +our pity; since the intention of the author of the present response is +no other than to make clear the falsity of the suppositions against +the honour of the poor wife and against the Comparini, and to serve +the cause of justice. And he leaves the judgment of it to those who +have full knowledge of it. From the same consideration I pass over +responding to many another impropriety, which has been advanced +uselessly and without any point by the said Writer. + +And I close my response with the example of Samson, alleged by him. +When he saw himself exposed to the public scoffs of the people, he +gave a shove to the pillars of the palace, causing it to fall that he +might die with the rest under its ruins, and might cease to be longer +the scorn of that people. So lest the said Franceschini may be +ridiculed for his tricks, it is fitting that he and his companions pay +the penalty merited by their crime. For these are pernicious to the +State and to that peace and security which litigants in the Courts of +Rome ought to enjoy, if we would maintain what the vigilance of the +Supreme Pontiff Alexander VII., and his successors, has provided. For +they have published a Constitution as to that, and with it Banns, +successively promulgated. The sacred order of such laws should be +observed all the more willingly, inasmuch as Guido had chosen the +judicial way to vengeance, and the appeals made to the Supreme +Pontiff, who is most eager to do what is just, were sent back to his +judges. Nor could Guido grieve for this without some pretended injury, +as is evident; hence the Anonymous Writer wished to ascribe it to the +aggravation by which the anger of Franceschini had been exasperated. +This clearly shows with what intent he had broken into such detestable +excesses. + + + + + [File-title of Pamphlet 16.] + + + _By the Most Illustrious and Most + Reverend Lord Governor of the + City in Criminal Cases_: + + _ROMAN MURDER-CASE._ + + _For Count Guido Franceschini and his Associates, + Prisoners, against the Fisc._ + + _Reply as to law, by the Honourable Advocate + of the Poor._ + + + _At Rome, in the type of the Reverend Apostolic Chamber, + 1698._ + + + + +ROMANA HOMICIDIORUM + +[PAMPHLET 16.] + + +Most Illustrious and Most Reverend Lord: + +I omit further discussion with my Lord Advocate of the Fisc about the +communication of his allegations, because the time is brief, and I +have professed great reverence for him since my youth. Let me also +pass over the claim that when one is arguing about death inflicted by +a husband upon his wife, not in the act of taking her in adultery, but +after an interval, mere suspicion, however strong, is not sufficient +to redeem him from the ordinary penalty of the Cornelian law, but that +the clearest proof of the adultery is required, as is claimed by our +opponents. Yet we have proved the contrary in our former argument, +§ _quamquam ad hoc_. And Dondeus, Sanfelicius, and Muta, who were not +cited there, hold that it is quite enough if the couple be found alone +in some retreat; and No. 3 says especially if the wife be beautiful. +[Citation.] See the word of Ovid: "Great is the strife of modesty with +beauty, And man keeps eagerly craving it." [_Heroides_, Paris to +Helen.] So in the present case, according to the same author: "By this +young and passionate man is she supposed to have been returned still a +virgin?" [_Heroides_, 5, 109.] + +At present, we are dealing with a case not merely of clearest proof, +but also of notorious fact; because we have a decree of this very +Tribunal by which such adultery was declared. Although the words of +this decree have been given in the present information, § _Absque eo +quod_, yet I wish to repeat them here, because they are so clear: +"Giuseppe Maria Caponsacchi, of Arezzo, for complicity in the flight +of Francesca Comparini, and for criminal knowledge of the same, is +banished for three years to Civita Vecchia." + +But I cannot pass over what is still claimed--that this decree was +revoked--because, as I have said in my information, the truth is quite +the contrary; for we have only the fact that in the mandate for +imprisoning the sinning Canon the repetition of the whole decree, as +given above, was omitted, and it was said: "For the cause, concerning +which in the suit." These words are so far from showing a revocation +that they rather offer confirmation of the said decree, as we have +affirmed in our information, § _Nec verum est_. The same should be +said of the like words furnished by the notary in the bond which +Francesca Pompilia executed to keep the home of her father as a +prison. This was when she was brought there from the nunnery, where +she had been staying securely, on the grounds of her supposed +infirmity, but I may say more truly that it was because of her +pregnancy, which she wished to hide by some evil deed. + +[Our claim is all the more true] because this pretended revocation of +the decree could not be made when the other side had not been heard, +as I have said in my information, § _Eoque magis_. + +Likewise I cannot pass over what is said as to the Canon having been +condemned only to the penalty of banishment because of defect of proof +of adultery. For if such proof had not existed, how could my Lords +Judges express in the decree that they condemned him for criminal +knowledge of the same Francesca Pompilia? It is the truth that the +judges held that the said adultery was most conclusively proved, and +that the said Canon was convicted of the same, since in the +prosecution nothing is wanting but the taking of them in the foul act; +and this is not necessary to prove adultery. [Citations.] + +The penalty to which the said Canon was condemned did not indeed +correspond with the said crime. As to this many replies may be made, +but, because this has no connection with Count Guido let it also pass +by. For however that may be, who can deny that Count Guido, on reading +the said decree, which needed no comment, ought justly to be angered +for the conjugal faith violated toward himself? And who can deny that +he ought to be somewhat excused, if afterwards he took vengeance for +such a violation? [Citations.] + +And this is true, although he took such vengeance after an interval, +as was plainly demonstrated in my said past information, § _Nec verum +est_. For there are few authorities who hold the contrary, and +therefore it would be almost heretical to doubt the truth of such an +opinion. [Citation.] Especially since this has been accepted in almost +all the tribunals in the world, particularly in that of the Sacred +Council, which establishes the precedent for all the other tribunals +of the City and of the entire Ecclesiastical State. Hence Concioli +affirms that it is almost like sacrilege to depart from this opinion. +[Citation.] + +And is it not a fine pretence to wish to exclude the plainest proofs +of adultery by the word of the very wife convicted of it, and then +retained in the nunnery by reason of it, as my honourable Lord +Procurator General of the Fisc has ingenuously acknowledged? For a +person is not obliged to disclose his own baseness in the face of +death, as we have proved in the said present information, § _Et +quatenus_, and the § following. And since she had lived badly, not to +say in utter baseness, to the injury of the honour and reputation of +her husband, we inflict no injury on her by wishing to presume that +even in death she did not come to her right mind, according to the +saying: "He who lives badly dies badly." And no one, even in death, is +presumed to be a Saint John the Baptist, as in my information, § _Nec +valet dici_. + +As therefore it remains firmly established that Count Guido had just +cause for killing, or causing to be killed, Francesca Pompilia, his +wife, the same must be said as to the murder of Pietro and Violante, +the father-in-law and mother-in-law. For in the prosecution of the +said Francesca Pompilia for flight from her husband, proof also came +to light that they had conspired in that same crime, and consequently +were among the causes of the injured honour and reputation of Count +Guido. And this injury to his honour had also resulted from what they +had pretended and had exposed before every one--that his wife was not +their daughter, nor legitimately born, but was the daughter of a +harlot. And afterward they had received her into their home when she +had been declared an adulteress. For either she was their daughter, +and they ought not to deny it in Court, or else she was not their +daughter, and they should not receive her into their home after she +had been convicted of adultery. For in doing so they had, by that very +act, declared that they had been and wished to be her panderers. +[Citations.] + +The confession of Count Guido cannot be divided from its +qualification, that he had demanded the murders for honour's sake. But +it ought to be accepted by the Fisc along with the said qualification, +as we have proved in our information, § _Huiusmodi enim confessio_. +The authorities alleged to the contrary by my Lord Advocate of the +Fisc hold good in a qualification, extraneous to the confession itself +and which is not therefore proved otherwise, and when there is +argument for some extraordinary penalty, and we have admitted this in +our information, § _Præsertim_. + +But just as the plea of injured honour relieves Count Guido from the +ordinary penalty for murder, so should he be excused from certain +other ordinary penalties, laid in the Banns and Apostolic +Constitutions against those bearing prohibited arms or committing +other crimes. For I have said, and I repeat, that the just anger which +excuses him from the one crime should also excuse him from the others, +since this reason is everywhere and always in his favour, that he was +not of sound mind, according to what was affirmed in our information +from § _Agnoscit Fiscus_, down to § _quo vero ad litem_. + +And just as this cause is enough to gain for Count Guido a diminution +of the penalty, so should it be considered to be sufficient likewise +to gain that favour for his fellows, who as auxiliaries cannot be +punished with a greater penalty than the principal himself, according +to almost innumerable authorities, and they of great name, who were +alleged in my past argument, § _quæ dicta sunt_, with the following, +and in my present argument, § _Verum et Sociis_. To this, no response +has been given by the other side. + +This is all the easier as regards Blasio Agostinelli, who has not at +all confessed that he killed or wounded any one, but only that he was +present, as we have formerly considered the matter in our information, +§ _Quoad Blasium_. + +And as to Domenico and Francesco, beside what has been deduced in +favour of the others, they are foreigners, and are therefore not bound +by the Banns of the Governor (for by these, men who live outside of +the District are not bound) nor by the Apostolic Constitutions +prohibiting the bearing of arms, as we have said in our past argument, +§ _Quae eo facilius_. + +This is all the more so since Domenico still asserts that he is a +minor, and for this purpose he was so described in the prosecution +(page 304). And as regards Francesco, beside the abovesaid description +in the same prosecution (page 35), we have the baptismal register, +which conclusively proves his age. [Citations.] For he was born the +14th day of February, 1674, from which it is evident that at the time +of the commission of the crime, which is to be had in regard for +punishment [Citations], he had not completed the twenty-fourth year of +his age. And to one less than twenty-five years old the penalty should +be diminished, etc. [Citations.] + +And this indeed is of necessity, and not at the discretion of the +judge, because such diminution of penalty arises by advantage of law +that has been passed and from intrinsic reason, diminishing the +penalty. [Citations.] + +Although there are not lacking some authorities who think the +contrary, namely that it all depends upon the discretion of the judge, +yet our opinion is the truer and the more generally accepted in +criminal causes which are not very atrocious. [Citations.] And when +the crime is merely savage, or more savage, the judge is obliged by +the very necessity of his duty to diminish the penalty, according to +those authorities recently alleged. [Citations.] + +This opinion also has a place in the crime of murder, notwithstanding +the order of the text. [Citations.] "If any one should make you a +defendant under the Cornelian Law, it is suitable that your innocence +shall defend and purge itself by your minority." For the order of this +text should be interpreted thus, namely, that a delinquent who is a +minor is not to be excused entirely, but is only to be punished more +mildly, according to the old authorities who are cited with abundant +hand by Farinacci. [Citations.] + +This is especially so when, as in the present case, the delinquent +minor does not sin alone, but in company with others; for then he is +presumed to be seduced by them, and therefore the ordinary penalty +comes to be diminished the more readily for him. [Citations.] + +We do not know whither the Fisc pretends to turn for the destruction +of these foundations in law, because my Honourable Lords, the +counsellors of the Fisc, have claimed nothing as to this matter, +either in their past argument or the present one. For when they claim +to escape our exception by the Florentine Statute [Citation], that a +minor of sixteen years is punished criminally, other responses are at +hand: + +First, that the provision of this statute does not extend to crimes +committed outside of the territory of the said State, but that the +place of the crime and its statutes should be attended. Then these +indeed cease, as they do in the present case, because the Banns of the +Governor have no place when there is argument for the punishment of a +foreigner. This fact arises from defect of power in the Prince or +official establishing them, according to what was alleged in the past +argument, § _Quae eo facilius_, and the one following. For then the +criminal should be punished according to common law. [Citations.] + +The second response is that the statute says nothing else than that a +minor of sixteen years cannot be punished with the ordinary penalty of +the crime. Consequently it ought to hold good in our case, since we +are indeed arguing about a minor exceeding sixteen years, but of one +less than twenty-five years old. Such a rule should be drawn from +Common Law, in view of which the said statute in such a case receives +a passive interpretation. [Citations.] Caballus testifies that he saw +it so practised in diminishing the penalty to one less than +twenty-five years, that is to one who was eighteen years old. +[Citations.] + +Finally the third response, and the one that lays the axe to the root +of the tree, is that the Accused is not of the city of Florence, nor +of its territory, but of the territory of Arezzo. But the city of +Arezzo and its dependencies are not bound by the statutes of Florence; +first because they are not called subjects, but vassals, of the said +city of Florence; and, second, because the city of Arezzo has its own +statutes. [Citations.] For reference is had to the ruling state, when +other subject states have not their own statutes; but it is otherwise, +if they have them. [Citations.] + +And so they are contrary, or incompatible. [Citations.] + +Soccinius [Citation] bears witness of what manner these statutes of +Arezzo are, as compared with those of the city of Florence, etc., and +this is plain from the Rubric, etc., where it is commanded that those +under twenty-five years cannot be rendered liable, without certain +ceremonies, as Paolo di Castro counsels. [Citation.] For from this +statute it is sufficiently evident that in the said city and its +environs a less age is the rule according to common law. + +So far as the Fisc may have foundations, which in our feeble judgment +we have been unable to guess, I pray that these be kindly communicated +to me, lest the poor accused minor may remain undefended. + +Finally, as regards Count Guido, I pray that notice be taken of the +unfortunate condition of himself and of his noble family. For all of +his family and connection have had enough to lament even to the last +breath of their lives, when they look upon the ignominy brought upon +them by this woman and her parents. And because of this, there has +been doubt up to the very present moment whether one nearly related +would go mad. And the excellent piety of our most clement Prince and +Most Illustrious Lord has declared this, to whom the Accused himself +with his whole heart commends himself in the Arguments made in his +defence, not to speak of what they may learn about it from the +Anonymous Author [Pamphlet 10]. [Citation.] + + DESIDERIO SPRETI, _Advocate of the Poor_. + + + + +LETTER + +WRITTEN BY THE HONOURABLE SIGNOR GIACINTO ARCANGELI, PROCURATOR OF THE +POOR, TO MONSIGNORE FRANCESCO CENCINI, IN FLORENCE, IN WHICH HE TELLS +HIM THAT THE SENTENCE OF DEATH HAD BEEN EXECUTED IN ROME AGAINST THE +GUILTY ON FEBRUARY 22, 1698--THAT IS, THAT FRANCESCHINI HAD BEEN +BEHEADED, AND THE OTHER FOUR HANGED. + + +[LETTER I.] + +To the illustrious Signor, my most worshipful Signor and Patron: + +Too late have arrived those proofs, which were sent to me by your +Honour, on behalf of Signor Guido Franceschini of blessed memory. For +when the Congregation of Monsignor the Governor had determined, in +spite of the reasons given in his favour, that Signor Guido was guilty +under the death penalty, I obtained, with much trouble to myself, some +delay for proving his clergyship alleged by me. To this end a +messenger was dispatched to Arezzo. But since the Sanctity of Our Lord +[the Pope] did not deem it wise to postpone the execution of the +sentence already decreed, he has seen best by special writ to make +denial of any clerical privilege, which might have been claimed [in +Guido's favour], and also as regards the minority of Francesco di +Pasquini, one of the accomplices. Hence sentence against all five has +been executed to-day, with distinction only in the manner of their +death, as Guido's life was ended by decapitation. This consolation +survives for his relatives and friends, that he has been pitied by all +men of honour and by all good men. Confessing my own shortcomings, I +cannot deny feeling infinite regret, as I attribute the whole outcome +to my inability in offering the valid grounds. May God reward his +house and all his friends with abundant blessedness for this tragic +accident. Desiring your further commands, I reaffirm myself, as ever, + + Your Excellency's most obedient servant, + GIACINTO ARCANGELI. + ROME, _February 22, 1698_. + +To the illustrious Signor, my most worshipful Signor and Patron, +Signor Advocate Francesco Cencini, Florence. + + + + +LETTERS + +WRITTEN BY SIGNOR GASPERO DEL TORTO AND SIGNOR CARLO ANTONIO +UGOLINUCCI TO THE AFORESAID MONSIGNORE FRANCESCO CENCINI. + + +[Letter II.] + +The proofs you send did not arrive in time, because to-day finally, +after so many disputes, the execution of poor Signor Guido has taken +place, he having been beheaded, while the four cut-throats have been +hanged. The case was decided Tuesday, but because it was a churchman +who had sinned, and because it was claimed that the death-sentence was +not in keeping therewith, a messenger was dispatched to Arezzo later +on to get proofs of it. But the Pope yesterday set his hand thereto, +and has decided the case, so that to-day it has so followed +completely. Now that the will of God has been fulfilled that he should +suffer such a punishment, it has at least been brought about, in view +of the arguments made in his defence, that he died the death of a +gallant man. For aside from the fact that he has died with exemplary +courage, he has also been pitied by all gallant men, and his house has +lost nothing in the matter of reputation. All Rome was there, as you +may well believe. And [the mistake] cannot be made good with such +speed as this may be written, because there have not been lacking +admonitions of greatest consequence, since the Ambassador of the +Emperor spoke of that point on Tuesday, as he himself told me day +before yesterday; and than the matter was settled precipitately. + +I have finished the argument before the Congregation of the Council, +and at any time that Monsignor Secretary wishes to take it, I think we +shall be ready. I pray you favour me with those copies of the proof as +soon as possible. And if Canon Philippo does not give us the +opportunity, he should be good enough to acknowledge it to me that I +may think of other measures, wishing once for all to get out of this +imbroglio if it shall be possible. And finally, I remain with all +reverence, my most illustrious and most excellent Signor, Your humble +and obedient Servant, + + GASPERO DEL TORTO. + ROME, _February 22, 1698_. + +To the most illustrious and most excellent Signor, my dear Signor, +Signor Francesco Cencini, Florence. + + +[Letter III.] + +My most illustrious and excellent Signor, my most worshipful Patron: + +Tuesday this most unfortunate case was brought up and the Congregation +of the Governor decided--Delay and according to instructions. The +instructions were that they would await the proofs of the well-known +clericate. At this favourable decision the defence took heart and +Guido's good friends began to breathe again. Then last evening at +eight o'clock Monsignor signed of his own accord the warrant, in +denial of the clergyship which might be alleged and of the minority of +one of the accomplices. No sooner had he signed the warrant than the +news of it sped throughout the City, and with it the assurance of the +sentence, which has been executed to-day since dinner against the +five; that is, the loss of his head in the case of Signor Guido, and +the gallows for the other four accomplices. I will not tell your +Excellency my own grief, because you yourself will be able to be a +true witness of it. These proofs would have been of the greatest +relevancy, but not in this case, because Monsignor wished it so. + +I enclose the Fisc's argument, except a single response, which I will +send to you as soon as I can lay hands on it, that your Excellency may +have the entire case. + +Now that Signor Advocate del Corto has abandoned his own interests I +may serve your Excellency in the matrimonial case and in the other of +Gomez. Therefore I set myself to all that in order that I may serve +your Excellency, praying evermore your continual commands, that I may +ever be your Excellency's obedient servant, + + CARLO ANTONIO UGOLINUCCI. + ROME, _February 22, 1698_. + + + + + [File-title of Pamphlet 17.] + + + _By the Most Illustrious and Most + Reverend Lord Governor in + Criminal Cases, or by + the Most Excellent Lord Venturini._ + + _ROMAN LAWSUIT._ + + _For the Heir-beneficiary of the former Francesca + Pompilia, formerly wife of the former Guido + Franceschini, against the Fisc and + Associates in the Lawsuit._ + + _Memorial of Fact by the Honourable Procurator + of the Poor._ + + + _At Rome, in the type of the Reverend Apostolic Chamber_, + 1698. + + + + +ROMANA + +[PAMPHLET 17.] + + +Most Illustrious and most Reverend Lord: + +In the contention most sharply and most learnedly carried on between +the Defenders of the Poor and the Fisc in the case of the murders +committed by persons led by Count Guido Franceschini against the +person of Francesca Pompilia his wife, and Pietro and Violante +Comparini, I refuse to descend into the arena, lest I may seem to fail +in the office which I discharge in common with the said Defenders. My +silent pity has delayed and let time slip by; because I believed it +would be to the prejudice of Guido and his fellows imprisoned for that +offence (in whose excuse the plea of injured honour is especially +strong) if I should wish to push the defence (which was committed to +me long ago) of the shame and honour of the same Francesca Pompilia; +for her tender mind has been stained by no infamy arising from impure +lust, and against her the suspicious husband could have made no +objection, unless wife-murder had followed, as if from this he wished +to prove the adultery merely because he could then kill his wife, and +he killed her that she might be believed to be an adulteress. + +But now since the case has been most sadly terminated as regards all +of those imprisoned (for thus these things terminated which should not +have been begun) I begin anew the dispute over that most unfortunate +question, and assert most safely (both for the reasons fully given in +my argument for exclusion of the asserted rape, which is reassumed +gratuitously, and for those more fully gathered by his Honour, My Lord +Advocate of the Fisc, in his very learned allegations distributed in +both presentations of the case), first that the memory of the +aforesaid Francesca Pompilia should be utterly absolved from the crime +of adultery, which was unjustly and all too bitterly charged upon her +by her husband, and second that declaration should be made by a +definitive sentence that she has never violated her marriage vow. And +this is in spite of the fact that such insistence may seem +incongruous. For although all crimes cease with the death of the +criminal [Citations], nevertheless when a crime is atrocious, and of +such a nature that it involves in itself a brand of infamy, its memory +ever endures. And therefore it is worth while for the principal to +vindicate the fame of the authoress from the asserted crime of +adultery, etc. Pellegrini speaks as follows: "The thirteenth case is +when the heirs of one dead, for the purpose of purging him from the +infamy which works against him publicly on account of crime, wish that +[the court] take knowledge of the crime itself, for the purpose of +establishing his innocence, for this is conceded by law." And Bossius +asserts: "Note that even if death does utterly remove any further +penalty, yet the heirs of one who is dead may make a stand for his +fame and honour, in order that a declaration may be made about that +crime." And Caballus: "For although with the death of the delinquent, +a crime may be said to be extinct so far as his own person is +concerned, yet the heirs of the accused, in their own interest and to +wipe out the infamy of the one who is dead, may petition that the +court go on to give an opinion, and that it be declared that the dead +one had not committed crime." And he affirms the same under the +following number. + +And indeed this is not without manifest reason. For just as the Fisc +may go further in the investigation of a crime that had been +perpetrated during the lifetime of the one now dead, even for the +purpose of damning his memory [Citations], likewise it cannot be +denied by the principal himself, as the beneficiary heir and successor +of the same Pompilia and Pietro Comparini, that inasmuch as her +innocence is evident he may insist upon carrying away a sentence of +absolution; for in other cases any one at all may have a chance to +defend one who is dead. [Citations.] + +And to delay such a judgment it is not right that the flight again be +alleged, which the said Pompilia made in the company of Canon +Caponsacchi, with whom she was arrested at the inn of Castelnuovo. For +to remove that charge it is quite enough for one to allege the +judgment of this Most Illustrious Congregation, given under the date +of February 18, last past, against Guido Franceschini, because of +which he was publicly put to death on the twenty-second day following, +notwithstanding the fact that, to avoid the penalty of wife-murder, he +insisted solely upon the asserted adultery, which he claimed had +resulted from the aforesaid flight from home. All suspicion whatsoever +of her dishonesty ceases because of the defences then made and +because, in the very prosecution, there was apparent a very just +reason, on account of which the wretched wife attempted to flee thus +from the home of her husband. Nor was it for the purpose of satisfying +lust with the asserted lover, but that she might go back to her own +hearth, and there, with her parents, might live a safe and honest +life. This cause is very plainly proved by the notorious quarrels +which arose on account of the poverty of the domestic establishment +immediately after her arrival at the City of Arezzo along with Pietro +and Violante Comparini in execution of the agreement included in the +marriage-contract. And on account of this poverty the Comparini were +obliged, after a few months, to go back to the City, with no small +bitterness on account of the deception which they had detected. This +is evident from the letters of Abate Paolo Franceschini, which +presuppose these complaints that resulted from the said deception, and +especially from the letter written March 6, 1694: "I write again to +you that I do not wish to imitate him in his manner of writing, not +being of his mind to sow broadcast in my letters such words as would +well merit response by deeds, and not by words. And these are so +offensive that I have kept them for his reproof and mortification." +And further on: "So that if you give trouble, which I will never +believe, you yourself will not be exempt therefrom." It is also +evident from the letters given in my past information, and especially +in § _Videns igitur_, with the one following. And although this does +not show the nature of the altercation, yet, since Abate Paolo has not +shown the letters written to himself, the presumption presses upon him +very strongly that the complaints were just and that the cause of +their quarrels and altercations was well founded. [Citations.] + +It is also true that a very bitter lawsuit was brought by Pietro +Comparini for the nullification of the dowry contract and for the +proof of the pretence of birth, which had been made by Violante, the +mother, both to deceive her husband and to bar his creditors, who were +pressing him hard at the time. And since the dowry included all the +property and the entire patrimony of Comparini, which was of no small +value when we consider the rank of the persons concerned, controversy +had indeed been raised for a considerable amount by the father-in-law. +And this, as experience teaches from time to time, is accustomed to +bring forth implacable hatred and deadly enmity. [Citations.] It +produced indeed such an effect for this unfortunate wife, so that the +love of her husband, which had long been disturbed by the preceding +altercations, was finally quite extinct. And this was so to such an +extent that she often found herself exposed to deadly peril because of +the severity of her husband, who at times pursued her with abuse, and +again even with a pistol. And it cannot be questioned that such perils +are quite suited to strike fear even into any hardy man. [Citations.] +Hence it can be much more affirmed of Francesca Pompilia, a girl of +tender age, who was destitute of all aid, and away from her own home +and her parents. [Citations.] And Mogolon [Citation] declares that the +mere sight of arms, even if the one who has them does not use them nor +unsheath them, is just cause for fear; and in § 7, _No._ 15, he +considers the absence of relatives as a ground for fear. And D. +Rainaldi [Citation] says that it is enough if one sees signs or acts +of manifest desire, or such as are preparatory. + +Therefore, since so many very relevant circumstances concur, on +account of which Pompilia was moved to desert her husband's bed by +flight, all suspicion whatsoever of dishonesty and of violated +conjugal faith is utterly removed. For whenever we have two causes, +one of which is lawful and permissible, while the other is iniquitous +and abominable, the former is to be fully received, and thereby the +charge of crime is quite excluded. [Citations.] [And this is true] in +spite of the fact that this lawful cause may seem to be excluded +[first] by the letter written by Francesca Pompilia to Abate Paolo. +For in the letter, after she had thanked Abate Paolo because he had +joined her in marriage with his brother, pretence is made that her +parents gave her the depraved counsel to destroy the entire home and +to go back to the City with her lover; [it also makes pretence] that +since their departure she was enjoying a quiet and tranquil life. +[Second] from the company of the Canon Giuseppe Caponsacchi, with whom +she had fled; because of which he was banished to Civita Vecchia for +three years. + +For however it may be with the asserted letter, whether it is +substantiated or not, and whether or not the qualification should be +considered probable, which is added in her sworn testimony by the same +Pompilia, namely that her husband had marked the characters and she +had blackened them with ink by tracing them with a pen, because she +herself did not know how to write; yet it is certain that if the +letter be read attentively it will be absolutely impossible to assert +that she had written it with a calm mind. For who can be found so +unmindful of filial love and duty toward parents as to persuade +himself that this tender girl could have laid upon her parents such +detestable crimes? Because at the time she was not more than fourteen +years old, according to the certificate of baptism given in the +Summary of the Fisc, in the second setting forth of the cause, No. 2. +And she was away from her own home and still grieving for the very +recent departure of her parents, and was badly treated in the home of +her husband, as is clearly shown by the continual complaints and +recourse made not merely to the most reverend Bishop, but also to the +Lord-Commissioner of the city. Nor is it probable that she would have +informed her brother-in-law, who was so very unsympathetic toward her, +of these matters unless, as she has frankly confessed in her sworn +examination, she was compelled thereto by her husband. Nor without +very evident peril of death could she show any reluctance to him +because of his excessive severity, which she had very often felt +before. And as this improbability is well suited to strike horror into +those who read it, so likewise it very well shows that the letter was +not written voluntarily, but under compulsion. [Citations.] Caballus +asserts that what no sane mind would approve is inadmissible. +[Citation.] And indeed such excessive cunning in extorting the said +letter from the wife plainly proves Guido's craft, and the fact that +the letter was obtained by false pretence, in order that he might +quiet the mind of the same Abate, his brother. For the latter had been +harassed by continual complaints on account of ill treatment of the +wife, and had not ceased to criticise Guido daily for them. +[Citation.] + +As to her association with Canon Caponsacchi, this likewise does not +seem enough to establish the blot of dishonour. For the most wretched +wife was utterly destitute of all earthly aid and had vainly entreated +the authority of the most reverend Bishop, and of the Lord-Comissioner, +to free her from deadly peril; and on account of her age and sex it +was not suitable that she should flee alone or in the company of some +low-born serving-woman, for in that way she would carelessly expose +herself to graver peril, as might have happened to her if she had been +overtaken while alone on the journey. For then it could be said of +her: "She fell upon Scylla while trying to avoid Charybdis." Therefore +we should not be surprised if she took the aforesaid Canon as a +companion. For he had been proposed to her by both Canon Conti and +Gregorio Guillichini, who were related to Pompilia's husband. And it +is utterly incredible that they would have consented to such a flight +if they had not known it was quite necessary to evade the peril of +death, which they very well knew was threatening the luckless wife, +and if they had not had strong faith in the honesty and integrity of +her companion. Therefore, as such a necessity was pressing so hard +upon her, her prudent choice of the lesser evil eliminates any shadow +whatsoever of her pretended dishonesty. [Citations.] + +[This is especially true when we] consider the manner in which the +flight was executed, by taking the most direct road to the City with +the utmost possible speed. And it very well shows that the sole motive +was to save her life, and not to debase herself by licentious +delights. For if this latter had indeed been the principal cause, she +would not have gone to Rome by the shortest road, where she might +immediately be taken by her brother-in-law and her parents, but would +have gone to some more distant regions, or else she would not have +gone with such swiftness, but would have delayed out of the public +highway, and in a place where her husband could not find her, and +where she could fulfil to satiety her lust. + +This utter improbability therefore very well shows the truth of the +cause for flight adduced by the wife in her sworn testimony--namely +that she had gone swiftly to the City in order that she might there +place her life and honour in safety in the home of her parents. For +just as the strongest sentence of blame may arise from mere +probability, so likewise no less presumption of innocence should arise +from this improbability. [Citations.] + +And this is strongly urged by the frank protestation made in the very +act of arrest at the inn of Castelnuovo to the husband himself by the +Canon, who rebuked him concerning this flight: "I am a gallant man, +and what I have done, I have done to free your wife from the peril of +death." So testifies Jacopo, son of the former Simon, a witness for +the Fisc, in the prosecution for flight (page 50). And an example was +offered by me in my allegation as regards that flight, namely that of +Scipio Africanus. For when the beautiful young wife of Aleucius, the +chief of the Celtiberi, had been captured by Scipio's soldiers, he +said in restoring her to her husband: "Your wife has been with me as +she would be with her own parents. Her virtue has been preserved for +you so that she can be given back to you again, a gift unviolated and +worthy of me and you." Titus Livius bears witness to this in his +_Histories_, book 26, and page 493 in my volume. + +And although it may be very difficult for a beautiful woman to +preserve the decorum of her honour while journeying in the company of +a young lover, yet it is not utterly impossible, as the examples seem +to show, which were related in my allegation, § _Quidqud dicat_. And +to these I add that of Penelope, of whom Ovid sings in book 3 of his +elegies [_Amores_, III., 4, 23]: "Although she lacked a guard, +Penelope continued chaste among so many suitors." + +And this is especially true since neither the journey nor the company +of the Canon were voluntary, but were merely for the purpose of +avoiding the peril of death. And since such necessity was present, the +presumption drawn from Ovid's _Ars Amandi_ is rendered still further +inapplicable, namely that "From a passionate young man, can she be +believed to have returned a virgin?" [_Heroides_, 5, 129.] + +Nor do the letters which were found in the closet of the inn at +Castelnuovo seem to stand in the way and hinder the sentence +petitioned, and impose a blot of infamy upon Francesca Pompilia. It is +claimed that these were written by her to the Canon on account of the +very devoted love with which she was pursuing him. But the exceptions +and responses made in the past informations hold good. The first is +that they were not acknowledged by her, nor was the identity of the +handwriting proved; and some uncertainty is still present, since it is +not evident to whom they were directed; nor would it be improbable +that they might have been framed by the husband. For he was present at +the capture and search, and hoped, indeed, that therefrom might result +more readily the fixing of the crime of adultery. And he insisted very +strongly upon this, in order that he might gain the desired dowry and +lucre. This mere possibility to the contrary is enough to avoid the +proof, which it is claimed may be drawn from them. [Citations.] + +The second response is that, even though such exceptions as the above +might not hold good, yet no proof of violated conjugal faith and of +dishonour can be drawn from these letters. For even though proof of +adultery may result from love-letters, it is utterly excluded in our +case when we see that they were directed to a licit end, namely toward +soliciting the Canon that he might afford her aid in her flight and +that she might avoid deadly peril. For then, just as the end is +permissible, so should the means also be considered lawful and +permissible, even though suspicion is not lacking; for these should be +considered, not in themselves, but on account of their end. +[Citations.] But indeed, unless from the love-letters themselves there +result an implicit confession of fornication, proof of adultery cannot +be drawn from them. [Citations.] + +It should be specially noted that she had very strong confidence in +her own continence and in the integrity of the Canon. And she trusted +him much, and hoped that he would conduct himself modestly during the +journey, since it is evident from these same letters that she had +found fault with him for his freedom once: "And I marvel, that you who +have been so chaste, have composed and copied matters that are so +dishonourable." And further on: "But I would not have you do in any +case as you have done in these books. The first of them is honourable, +but the other octaves are quite the contrary. I cannot believe that +you, who have been of such honour, have become so bold." For such +sincere objurgation and the very tenor of the letters in which no +dishonesty is read, clearly show and declare the spirit of Pompilia, +who wrote them. For just as words are to be understood according to +the thought of the one proffering them, so likewise should letters be +interpreted according to the intention of the one writing them. +[Citations.] + +Since therefore the honour and modesty of Pompilia is vindicated from +the flight and the letters, of still lighter weight are the other +proofs of pretended dishonour. These are deduced from the approach of +the Canon to her home for the purpose of speaking to her; from the +insidious manner in which the flight was prepared and put into +execution, by means of an opiate administered to her husband and the +servants; from their mutual kisses on the journey; and from their +sleeping together at the inn of Castelnuovo. For beside the general +response that no conclusive proof is offered for all these, such as +would be necessary to establish Pompilia as guilty of adultery, there +is a separate response for each of them. + +The entry and egress at night time into the home of Francesca rests +merely upon the deposition of a single witness, Maria Margherita +Contenti, who is under two very relevant exceptions: namely those of +singleness and of harlotry. Her word therefore can impose no blot of +infamy. [Citations.] And since such approach would tend toward the +single end of arranging for the flight and rescue of the unfortunate +wife from the very imminent peril of death, it should not be presumed +to be for an evil end. For when an express cause is plainly present, +to which a matter may be referred, and this cause is entirely lawful, +the matter should not be attributed to a cause that is illicit and +criminal. [Citation.] + +The insidious manner, also, whereby Francesca Pompilia put into +execution the flight, by preparing an opiate for her husband and all +the household (aside from the fact that it is not proved), would +afford proof of sagacity rather than of dishonour, even if it were +proved. For the wife would have been very foolish if she had attempted +flight without such a precaution. + +Under the same lack of proof labours the asserted mutual kissing +during the journey; for that proof is entirely too slight, which is +pretended to result from the deposition of a single witness of the +lowest class. Especially since his word is shown to be too much +prejudiced; for he swears that, while he was driving the carriage +swiftly at night time, he saw Francesca Pompilia and the Canon kissing +each other. Nor does he give any reason, as that the moon was shining, +or that some artificial light was present to dispel the darkness. +Inasmuch as such a detail is necessary in a witness who is testifying +about a deed at night time, its omission takes away all confidence in +him. [Citations.] For there is to be added another very strong +improbability, namely that, while he was driving the carriage with +such velocity that it seemed to fly rather than to run, he could see +their mutual kissing by looking backward. Still more is this +improbability increased by the very word of this same witness, since +he swears that he had driven Pompilia without knowing that it was she, +until afterward returning to Arezzo, he had met Guido Franceschini, +her husband, following her. Because if he had seen her kiss, he would +have recognised her straightway, since he had often seen her before +and she was well known to him. And therefore it should be absolutely +declared that, either influenced by the tedium of his secret prison, +he had been compelled to swear so, or, as is more probable, since on +account of the very great speed of the carriage the bumping together +of those seated therein might chance, he had believed that this chance +jostling of their heads and faces was for the base purpose of kissing. +Hence the proof arising from his deposition was justly held in +contempt in the prosecution for flight. And it would have been +considered if it had had any probability. + +Finally the proof of dishonour drawn from the asserted sleeping +together in the same tavern at Castelnuovo is far weaker, since it was +constantly denied by both Pompilia and Caponsacchi in their testimony. +And only a single witness, the house-man of the same tavern, swears to +it; and this also not from certain knowledge, but presumptively, +because they had asked him for a room with a single bed. Canon +Caponsacchi frankly confesses why he had ordered that only a single +bed should be prepared--namely that Francesca Pompilia, who was worn +out because of ill-health and the discomfort of their precipitate +journey, might rest a little, while he himself kept guard. Such an act +should not be assigned to an illicit cause, as Cravetta [Citation] +advises in such circumstances. And in No. 15, he says that +interpretation should always incline to the humaner side, even when +the rigorous side may seem the more likely. And the same author +continues thus in _Nos._ 20 _and_ 21. For it would not suffice as a +full proof of adultery that any one be found alone and naked with her +alone and naked, and that a young man be found unclothed and with +shoes off in a closed chamber with a woman. Much less can such proof +arise from a very brief delay in the same chamber for the purpose of +keeping watch. + +Very slightly does it stand in the way that Francesca Pompilia, in her +cross-examination, concealed this delay by asserting that she had +arrived at the tavern at dawn. For she was very well aware of the +credulousness of her husband, and possibly asserted this to avert +further suspicion of violated honour, which certainly might have +arisen if she had confessed that she had spent a longer time in the +tavern. As even if she had not denied such a stay, the confession +under circumstances that still argue for the preservation of her +modesty would not have been to her prejudice, so likewise the lie can +do no injury. [Citations.] + +But all suspicion of pretended dishonour is quite eliminated by the +assertion of the most unfortunate woman, which was made in the very +face of death, after many severe wounds had been inflicted upon her by +her husband. [For she declared that] she had never sinned against her +marriage vow, as is very evident from the numerous depositions of +religious men, who ministered to her in death. They assert that they +heard her continually praying that she might be given no forgiveness +by the Divine Clemency for such a sin. This assertion made in the very +face of death, deserves all faith, since no one placed in that +condition is presumed to be so unmindful of eternal safety as to be +willing to lie. [Citations.] + +Finally, no foundation for accusing the memory of Francesca Pompilia +of dishonesty can be established upon the asserted decree of this most +Illustrious Congregation, by whom Canon Caponsacchi was condemned to +three years' banishment in Civita Vecchia, with a statement made of +his running away and criminal knowledge of Francesca Pompilia. For, as +the Fisc himself admits, there was demanded by me, though not _in +extenso_, the modification of that title by the honourable Judges, +with the approval of his Excellency the Governor. And therefore, in +the order for imprisonment, these words were suppressed and others +were put in their place: _Pro causa de qua in actis_. + +All further difficulty is removed from the mere consideration that +such a decree had been issued, while no defences had been made for +Francesca Pompilia, and while she was still utterly without a hearing. +For she had not the slightest knowledge of it, since she had not been +notified. But in the decree for the assignment of the home as a +prison, only a cause relative to the trial was expressed. Hence it +could not injure her, since it was issued against a third party while +she herself had not been cited. [Citations.] And in the circumstances +that a sentence given against an adulterer can do no injury to the +adulteress when she has not been cited is the text. [Citations.] "If +he is condemned, the wife is not condemned thereby, but shall carry on +her own case." [Citation.] + +This is especially true since we are not now contending to free the +husband from wife-murder, and to infer a just cause apart from belief +in the dishonour of the wife resulting from the said decree, and which +would excuse him from the penalty of the Cornelian law. In this case, +the changing of the said decree might possibly serve for an escape. +But we are contending about the damning of the memory of a woman now +dead, and about rescuing her and her family from infamy. And in the +latter case just as such a harsh decree could not injure her during +her lifetime, so likewise it cannot do her injury after her death. + + ANTONIO LAMPARELLI, _Procurator of Charity_. + [in old writing.] + +And according to the letter of Carolo Antonio Ugolinucci, May 17, +1698, I understand that the Criminal Court after two votes, decided on +absolution. + + + + +INSTRUMENT OF FINAL JUDGMENT + +[PAMPHLET 18.] + + +Given for the restoration of the good name and reputation of Francesca +Pompilia, now dead; formerly the wife of Guido Franceschini of Arezzo, +now dead; for acquittal in favour of Domenico Tighetti, as an heir +beneficiary of the same Francesca Pompilia, from all disquietude, all +molestations, vexations, and perturbations, brought or threatened to +be brought by the Venerable Monastery of Saint Mary Magdalene of the +Convertites in the Corso; together with the citations lawfully +executed in observation of the four terms to instruct themselves as to +the appeal and its legal prosecution, in order that the same sentence +might pass on, as it has passed on, to judgment, because no appeal has +been interposed. + + In the name of God, Amen. + + +September 9, 1698, under the sixth declaration in the eighth year of +the Pontificate of the Most Sacred Father in Christ, etc., Innocent +XII., Pope by Divine Providence. This is a copy, or transcript, of the +citations made by my own act, and written below, and of the sentence +rendered respectively of the following tenor, namely: + + + The Most Reverend and Most Illustrious Governor in criminal matters: + +Let the undernamed principals on the other side be cited, etc., to +appear in the Criminal Court to-morrow, which will be the nineteenth +day of the current month, at the accustomed hour of convening court, +lest it seem good that each and all the terms be repeated as ill +founded, and that they therefore are to be held and observed as null +and void in their force for any powers whatsoever, and lest the one so +insisting be freed from censures, so far as, etc., it be concluded, or +seem best to be concluded in the case, and that the final sentence be +heard in due form according to the aforesaid insistence by Domenico +Tighetti, heir-beneficiary of the former Francesca Pompilia, the wife +of the former Guido Franceschini, as principal, or, etc. + + NOTARY FOR THE POOR. + + The Most Illustrious Francesco de Gambi, Procurator General of + the Fisc, and of the Reverend Apostolic Chamber. + + The Honourable Giovanni Maria Serbucci, Procurator and Manager + of the lawsuit brought by the former Guido Franceschini. + + The Honourable Francesco Paracciani, Procurator of the + Venerable Monastery Santa Maria Magdalena of the Convertites in + the Corso. + +Against the Procurator General of the Fisc, etc. He says that no +sentence can be given, unless in favour of the Fisc, and so far as, +etc., insists that he be granted delay for the purpose, and in the +meantime they cannot go on to any expediting of the cause, except for +reason given in full court, and by the vote of the Lords thereof, and +by testimony of the opposition in prison, and without citing all who +have interest, etc., this 18th day of August, 1698. + + FRANCESCO GAMBI, _Procurator General of the Fisc_. + +I have made the above citation against the Fisc personally this day, +and against the others by copy, which was sent to their homes, this +August 18, 1698. + + BALATRESIUS. + ALOYSIUS PICHIUS, _Substitute for the Fiscal General_. + + + _August 19, 1698._ + +When he had made statement of fact, Antonio Lamparelli, Procurator, +presented his case and petitioned as above. Thereupon the Most +Illustrious and Most Excellent Lord, Marcus Antonius Venturinus, +J.V.D., who holds the judicial bench, for the Most Illustrious and +Most Reverend Governor of our dear City in criminal cases, gave +sentence, as in this schedule, which he has taken in his own hands, +has seen, read, and subscribed, and given and consigned to me as a +notary for publication of the following tenor, etc., in the presence +of Antonio Bernardino Piceno and Antonio Toparino of Caprarola, +witnesses, etc. + +In favour of Domenico Tighetti, in the name, etc., against the Fisc +and those consorting with him in the suit. + +In the name of Christ, whom we have invoked, we who sit for this +Tribunal, and who have only God before our eyes, give this as our +definitive sentence, which we offer in these writings by the advice of +those skilled in law, in the cause or causes which have been tried +before ourselves in the first place, or in the second, and which are +now being considered, between Domenico Tighetti, as heir-beneficiary +of the former Francesca Pompilia, wife of the former Guido +Franceschini of Arezzo, on the one part; and the Fisc and Giovanni +Maria Serbucci as Procurator and Manager of the lawsuit of the former +Guido Franceschini, and Francesco Paracciani, Procurator of the +Monastery of Santa Maria Magdalena of the Convertites in the Corso, +for all their rights and parts in that interest, on the other part; +concerning and upon the pretended adultery committed by the said +former Francesca Pompilia with Canon Giuseppe Maria Caponsacchi, and +as regards other matters in the conduct of the cause or causes of this +kind, more fully deduced, etc. By authority of the decree for the +remission of the case, which was made by the Most Illustrious and Most +Reverend Auditor S.S., by the acts of Pascasius, concerning which in +the conduct, etc., and for cause given in the Court, and by vote of +the same, we say, pronounce, declare, and finally adjudge from what +has been newly deduced, that _proof is not established as regards the +pretended adultery_, and therefore the memory of the same Francesca +Pompilia should be and is _entirely_ restored to her pristine good +name and reputation; and that the same Domenico Tighetti, in whose +name the above was deduced, should be and is absolved and liberated +from each and all disquietudes, molestations, vexations, and +perturbations brought, or threatened to be brought, by occasion of +these as on account of the statement of these we have restored, +absolved, and freed him, as above. And for this restitution and +absolution and freedom, we wish and command that it be held as law +that the suit or suits, of whatever nature, which have been brought +thereupon be abolished, as we abolish them. And we charge that +perpetual silence be imposed upon the Fisc and his consorts in the +suit. And we have thus spoken, pronounced, declared, and finally given +sentence, not only, etc. + +I, Marcus Antonius Venturinus, who hold the judicial bench have so +pronounced. + +Given on this 19th day of August, in the presence of Antonio +Bernardino Piceno, and Antonio Toparino of Caprarola, Witnesses, etc. + + + By the Most Illustrious Governor of the City in criminal cases, + or the Most Excellent Lord Venturini. + +Let the undernamed be cited for learning the appeal, and its lawful +prosecution for the first time, at the aforesaid instance of Domenico +Tighetti, as principal heir-beneficiary of the aforesaid Francesca +Pompilia, formerly wife of Guido Franceschini: + + CHARITAS. + + The Honourable Giovanni Maria Serbucci, as Procurator and + Manager of the legal proceedings of the said former Guido + Franceschini, as principal on the other side. + + The Honourable Francesco Paracciani, the Procurator of the + Venerable Monastery and Convent of St. Mary Magdalene of the + Convertites in the Corso for all, etc. + +I have made the said citation at his home, August 31, 1698. + + MOLINELLUS. + + + _September 1, 1698._ + +When we had made statement of fact, R. D. Alexander Cassar, Substitute +Procurator of Charity, appeared, petitioned, and was granted, as +above. + + By the Most Illustrious Governor of the City in criminal causes, + or by the Most Excellent Lord Venturini. + +Let those named below be cited for learning of the appeal and its +legitimate prosecution this second time, at the aforesaid instance of +Domenico Tighetti, heir-beneficiary of the former Francesca Pompilia, +formerly wife of the former Guido Franceschini, principal, or, etc. + + CHARITAS. + + D. Giovanni Maria Serbucci, as Procurator and Manager of the + lawsuit brought by the former Guido Franceschini, as the + principal on the other side. + + D. Francesco Paracciani, Procurator on the other side for the + Venerable Monastery and Convent of St. Mary Magdalene of the + Convertites in the Corso, for all, etc. + +September 1, 1698, I have made this. + + MOLINELLUS. + + By the Most Illustrious Governor in criminal causes, or by the + Most Excellent Lord Venturini. + + +September 3. When he had made statement of fact, R. D. Alexander +Cassar, Substitute Procurator of the Poor, appeared, petitioned, and +was granted, as above. + +Let those named below, be cited for learning of the appeal and its +lawful prosecution, this third time, at the aforesaid instance of +Domenico Tighetti, heir-beneficiary of the former Francesca Pompilia, +wife of the former Guido Franceschini, as principal, or, etc. + + CHARITAS. + + D. Giovanni Maria Serbucci, as Procurator and Manager of the + lawsuit brought by the former Guido Franceschini, as principal + on the other side. + + D. Francesco Paracciani, Procurator of the other side for the + Venerable Monastery and Convent of Santa Maria Magdalena of the + Convertites in the Corso, for all, etc. + +I made this September 3, 1698. + + MOLINELLUS. + + + SEPTEMBER 4, 1698. + +When he had made statement of fact, R. D. Alexander Cassar, Substitute +Procurator of the Poor, appeared, petitioned, and was granted as +above. + + By the Governor in criminal causes, or the Most Excellent Lord + Venturini. + +Let those named below be cited for learning of the appeal and its +lawful prosecution, this fourth time, and of the final presentation, +and the decree, etc., at the aforesaid instance of Domenico Tighetti, +heir-beneficiary of the former Francesca Pompilia, formerly wife of +the former Guido Franceschini, as principal, or, etc. + + CHARITAS. + + D. Giovanni Maria Serbucci, as Procurator and Manager of the + lawsuit brought by the former Guido Franceschini as principal + on the other side. + + D. Francesco Paracciani, as Procurator of the Venerable + Monastery and Convent of Santa Maria Magdalena in the Corso, + for all, etc. + +I have done this, September 4, 1698 + + BALATRESIUS. + + + _September 5, 1698._ + +When he had made statement of fact, R. D. Alexander Cassar, Substitute +Procurator of the Poor, appeared, petitioned, and was granted, as +above. + +I, Domenico Barlocci, Notary of the Court of Criminal Causes of the +Most Illustrious and Most Reverend Governor of the City, as Notary for +the Poor, have found this copy correct by collating it, although it +was extracted from the original documents by one who is trustworthy in +my eyes, etc. In pledge of the above, I have subscribed and have +published it, as I am required to do. + +[The seal of the said Notary.] + + + + +THE SECONDARY SOURCE + +OF + +THE RING AND THE BOOK + +A CONTEMPORARY MANUSCRIPT PAMPHLET + + + + +"The following pages contain a MS. contemporaneous account of the +execution of the principal actors in the tragedy which has been +immortalised in the poem of the _Ring and the Book_. + +"I am enabled by the kindness of my friend, Mr. Browning, to give it a +place in these Miscellanies of the Philobiblion Society." + + JOHN SIMEON. + +(I shall not attempt to say with what a feeling I correct proof-sheets +received on the day subsequent to that which brought the intelligence +of the death of this great-hearted and noble-minded man, +characteristically good and gracious to the very last.) + + R. B., May 24, 1870. + +The above words are the introduction by Sir John Simeon and the +comment by the poet (Philobiblion Society Miscellanies, xii. 1868-9), +on the reprint of the subsequent pamphlet in the original Italian. + +It was found in London by one of Browning's acquaintances, who, +knowing the poet's interest in the subject, sent it to him. Internal +evidence indicates that it was probably written (but not published) +some few years after the crime, and it is more popular in style than +any part of _The Book_. The writer during the first half of his +pamphlet follows closely the affidavit of Pompilia and the second +anonymous pamphlet [No. 15] of _The Book_. He then adds much +interesting information as to the murder and the pursuit, arrest, +trial, and execution of the criminals. Browning uses almost every +scrap of additional information it affords. He accepts its fact with +the same fidelity he shows in using _The Book_, and uses it +extensively and without discounting its value as compared with the +official record. It is therefore treated as an essential portion of +the present source-study. Its new matter will be indicated by italics +in the following translation. + +Mrs. Orr has published somewhat less than half of the pamphlet in her +_Handbook_ in translation, which has been reprinted in the Camberwell +Browning, and in the _Browning Guide Book_ by G. W. Cook. The present +version is made directly from the Italian text of the Philobiblion +Society reprint. + + + + +THE DEATH OF THE WIFE-MURDERER GUIDO FRANCESCHINI, BY BEHEADING + + +Guido Franceschini, a nobleman of Arezzo, in Tuscany, had stayed for +some time here in Rome in the service of a person of some eminence. He +decided to take a wife with dowry enough to be of advantage to his own +house. When he had revealed this desire to a certain hairdresser _near +the Piazza Colonna_, she proposed to him the Signora Francesca +Pompilia, thirteen years of age, the daughter of a certain Pietro +Comparini and Violante Peruzzi. For beside the promised dowry, she was +heir to the reversionary interest in bonds and other properties worth +about 12,000 scudi. When he had heard of this advantageous dowry, +which seemed to him to be quite to his point, he lost no time in +revealing it to his brother Abate Paolo, who had dwelt here in Rome +for many years in the service of a Cardinal. He went along with Guido +to the mother of the young woman, as they flattered themselves that +they would succeed better in this way than by demanding her of the +father, who was somewhat hard to approach. When they had made it +appear that their income was of considerable amount, they succeeded in +their intent; although it was then found out that their entire capital +did not amount to the total of their income as given in that note. + +It was easy for Franceschini to win over this woman, as _she was +driven by the ambition of establishing her daughter in the home of +persons of good birth_. She gave her own consent, and so worked upon +her husband as to induce him to sign the marriage bond. Then when +Comparini had been informed by a person who knew the resources of +Franceschini, that they were quite different from what they had been +represented to him, he changed his mind, nor did he wish under any +consideration to carry out the marriage. _He gave as a pretext the +very tender age of his daughter_, along with other reasons. The mother +of Francesca, however, not seeing any chance to give her daughter to +Franceschini, had her secretly _married during December_, 1693, _in +San Lorenzo in Lucina_. + +When this marriage reached the ears of Comparini, he was much angered +at Violante. But she had such a gift of gab that Comparini not only +agreed to it, but beside the dowry of 2,600 scudi, _on which he had +already paid 700 scudi, he also made gift of his entire +possessions to the couple_. + +After several days, Franceschini decided to conduct his wife and her +parents back to Arezzo, _and this took place in the same December_. +When they had arrived there, the parents of the wife could see that +the state of their son-in-law was much worse than they had imagined +it. Therefore they were all the more embittered at the penuriousness +they showed in the food, and many other matters. _One morning while +they were at the table they heard their daughter_ [Violante according +to _The Book_] _denied fire for warming her bed_, and saw the +Franceschini practise many other cruelties toward her. They were much +troubled at it, and _all the more so when they saw a Canon of the +Franceschini household, a brother of the husband, rush upon their +daughter_ [Violante according to _The Book_]. _He struck Francesca +with a dagger in his hand, who had to make her escape by running into +a room and shutting the door. Then one evening her father went to +visit a friend, and when he had come back home he found the door shut. +Therefore his daughter, who was still awake, was obliged to go +downstairs to open it for him, but not without first having called her +husband, who never even opened an eye. Then when she had gone down to +open the door and had gone outside a few steps to meet her father, all +of a sudden she found herself shut outside the house along with her +father. For that reason they were both of them obliged to sleep +outside of the house that night, her father at the inn and the +daughter at one of the neighbours._ Therefore, more and more, as the +days passed, the Comparini decided to return to Rome. But as they were +without money they were obliged to beg it of Franceschini, who +_scarcely gave them the necessary expenses of the journey_. + +When the old Comparini had departed, Franceschini thought to hide what +had happened. He constrained his wife to write to Rome to the Abate, +his brother, to tell him that she cherished in her heart his memory. +This letter was dictated by the husband himself. The ignorant girl did +as Guido wished, whose purpose was to have it believed that his +parents-in-law were the fomentors of the dissension which prevailed +between the couple and the relatives of Franceschini. + +When the Comparini had reached Rome, ill-contented as they were with +the house of their son-in-law, for whom they now saw they had +sacrificed their daughter, they did not know how to hold their peace +about that matter, of which they themselves had been the cause. All +the more so when they were harassed for the remainder of the dowry, +beside the fact that they saw the rest of their property in danger. +While affairs were in this state a Jubilee was announced; under these +circumstances Violante Comparini revealed in confession that Francesca +Pompilia, who was married to Franceschini, was not their daughter, but +that the birth had been pretended. She had in fact been born of a +_poor widow, a foreigner_, and had then been adopted to bring it about +that the reversionary interest would fall to their house, and hence to +make good the many debts of her husband. _When the confessor heard +this, he charged her to reveal all the affair to her husband himself. +Violante obeyed, and Comparini was greatly surprised at it, and +rebuked his wife sharply._ He then submitted the matter to judgment +before Monsignor Tomati; the following was spoken in sentence: It +should be maintained that Francesca Pompilia shall be and is in +quasi-possession of her relationship as daughter. Therefore appeal was +taken by Comparini to the Tribunal of the Sacred Rota, but the suit +still remains undecided. In the meantime the Franceschini, seeing that +they had been deluded by this circumstance, since they could not get +possession of the residue of the dowry, redoubled their cruelties to +the poor Pompilia even to the point of threatening her with death. +Hence she was very often obliged to save herself by fleeing into some +other house, or before the authorities, or even into the presence of +the Bishop, _whom she finally begged to save her by putting her in +some monastery_. But this prelate thought it better to send her back +to her husband's home, urging him not to mistreat her. + +When the unfortunate woman saw that the admonitions of this Bishop had +been useless, and that this way of softening the heart of her husband +and his relatives had proved vain, and when they reproved her for +sterility and for coquetry, and for other faults of their own +imagining, she betook herself to an Augustinian, Romano, that he might +write to his Superiors or to her parents to find some provision for +her. But although the Father promised to do as she desired, his +letters never reached their destination. The wretched woman was +therefore desperate and determined to get to Rome in some manner or +other. She told the whole matter to Canon Conti, a relative of the +Franceschini, to whom she made a most pathetic picture of her +situation. He was moved thereby, and answered that he would aid her, +as he did, by offering to have her taken to Rome by Canon +Caponsacchi, his friend, since he himself ought not and could not do +it. When the circumstances had been told to Caponsacchi, he was +opposed to it, for fear of incurring the anger of the Franceschini; +but when he had been urged both by Conti and the woman, he consented +thereto. And on the last Monday of April the wife arose from bed as +soon as day dawned, without her husband knowing about it. She took +some things of her own, some jewels, and money, left the house, and at +the gate of the city found Caponsacchi, who was awaiting her with a +carriage. They mounted together and set out on the road toward Rome. + +When Franceschini awoke and discovered the flight of his wife, as he +already suspected that she had started for Rome, he began to pursue +her, and on the following Tuesday [should be Wednesday] overtook her +at Castelnuovo in the post-house, where she was in company with +Caponsacchi. The young woman was not at all terrified at the sight of +her husband, but on the contrary she mustered her courage and reproved +him for all the cruelties practised upon her, because of which she had +been forced to this step. Then Franceschini was thunderstruck, and did +not know how or what to respond. Hence he thought it best to have +recourse to the authorities. The fugitives were arrested by the +Governor of the place, and both of them were taken to Rome and placed +in the New Prisons, and were charged with adultery because they had +run away together. He tried to prove the charge by certain +love-letters which had been found, and by the deposition of the +driver. But as the adultery was not proved, the Canon was condemned +for three years to Civita Vecchia, and the wife was shut into the +monastery of the Scalette on the Lungara. + +When the husband therefore saw that this had not helped him in gaining +the dowry, he decided to go back to his own country, leaving the care +of his case in the hands of his brother, the Abate, who was in the +service of a Cardinal. But although the Abate tried by many a turn to +succeed in his intent before the tribunals, he could not achieve it. +Hence he also decided to leave Rome. And he was spurred all the more +by its becoming known that his sister Pompilia was with child. For +this reason, the Governor of Rome had constrained him to consent that +she should keep her own home as a prison, under security of 300 scudi +to present herself at every demand of the Tribunal. The Abate indeed +was unwilling to give his consent unless Pietro Comparini should first +assume obligation, by an official document, to furnish her with food. +_And then, when he had obtained the permission of his Cardinal, he +sold his furniture and books_, and when he had made them pay over the +47 scudi which had been found upon Pompilia at Castelnuovo, he left +Rome. After that Pompilia bore a son, _whom she named Gaetano, after +the saint to whom she made her vows_. + +Franceschini, who was now overwhelmed with manifold troubles, and was +urged on now by honour and again by self-interest to take vengeance, +at last yielded to his base thoughts and planned to kill his +sixteen-year-old wife and her parents. When four other criminals had +been admitted to the scheme, he left Arezzo, _and on Christmas eve +reached Rome. He stopped at Ponte Milvio, where there was a villa of +his brother. There he remained in hiding with his followers until a +time opportune for the execution of his designs should come._ + +They spied out all the ways of the Comparini family, and on January 2, +_which was Thursday_, at about seven o'clock in the evening, he +approached the Comparini home with his companions. He left on guard at +the street door Biagio Agostinelli and Domenico Gambassini, and +knocked at the door. When he had said that he brought a letter of +Canon Caponsacchi from Civita Vecchia the door was opened to him. +Immediately this cut-throat Franceschini, assisted by the other two +criminals, leaped upon Violante who had opened it and struck her dead +to the ground. Pompilia in this crisis extinguished the light, hoping +thus to escape the assassins, _and ran to the neighbouring door of a +locksmith crying out for help. But when she saw that Franceschini was +provided with a lantern she went to hide under the bed_; but she was +dragged from there, and was barbarously slain _with 22 wounds_ by the +hand of her husband. Not content with that, he dragged her to the feet +of Comparini, who was likewise wounded by one of the other assassins, +_and was crying out_ "_confession_." + +_When the uproar of this horrible slaughter was heard abroad, people +ran thither, but the criminals succeeded in escaping. But in their +haste one of them left his cloak, and Franceschini his cap, which +betrayed him afterward._ The unfortunate Francesca Pompilia, under the +burden of such wounds as those with which she had been cut to pieces, +_implored the Holy Virgin for the favour of confession, and obtained +her prayer_. Hence she survived some little while, and _was able to +tell about this horrible crime. She told that after the deed was done +her husband had asked of one of the cut-throats who had done the +murder with him, if she were indeed dead. When that one had assured +him, he replied: "Let us lose no time, but return to the vineyard."_ +And so they made their escape. _In the meantime the police had been +summoned, and came with a captain. A confessor was quickly called and +also a surgeon who gave his attention to the luckless girl._ + +When the Governor had been informed of the outcome, he _immediately +despatched Captain Patrizi_ to arrest the criminals. _When the posse +arrived at the vineyard, he found that these were no longer there, but +that about an hour ago they had left in the direction of the highway. +Then Patrizi followed without interrupting his journey, and when he +had reached the inn he learned from the host that Franceschini had +demanded horses with threat of violence, but they had been denied him, +because he lacked the necessary order._ Hence he had travelled afoot +with his companions toward Baccano. _Patrizi continued his march, and, +after taking the necessary precautions_, arrived at the tavern of +Merluzza. There he found the assassins, who were straightway arrested. +On them were found, still stained with blood, those daggers with which +they had done the murders, and _upon Franceschini were found 150 scudi +in money. This arrest indeed cost the life of Patrizi, because having +been overheated and wounded with a slight scratch he died in a few +days._ + +_Franceschini's dagger was of a Genoese pattern, triangular, and with +certain hooks made in such a way that in wounding they could not be +drawn from the wound without such laceration as to render the wound +incurable._ + +_When the criminals were known to be at Ponte Milvio, in that very inn +they were heard on their preliminary examinations by notaries and +judges sent there expressly, and satisfactory confession was had._ + +_When the capture of the delinquents was known in Rome, a countless +throng of people rushed thither to see them, while all the criminals +were tied to their horses and conducted to Rome. It is told that +Franceschini, while making the journey, asked one of the officers how +in the world the crime had ever been discovered. And when he was +answered that his wife, whom they had found still living, had revealed +it, he was so astounded that he was, as it were, deprived of his +senses. About five o'clock in the evening they reached the prisons. A +certain Francesco Pasquini, of the town of Castello, and Alessandro +Baldeschi of the same town, both of them 22 years old, along with +Guido Franceschini had been the slayers of the Comparini. And +Gambassini and Agostinelli were those who had stood guard at the +street door._ + +_In the meantime there were exposed in San Lorenzo, in Lucina the +bodies of the assassinated Comparini, who were so disfigured, and +especially the wife of Franceschini, by wounds in the face that they +were no longer recognisable._ The unfortunate Francesca, when she had +taken sacrament and had pardoned her murderers, and had made her own +will, died, not yet having completed her seventeenth year. This was on +the 6th, which was the day of the Epiphany. She was able to justify +herself against all the calumnies inflicted by her husband. _The +surprise of the people at seeing the said bodies was great, because of +the atrocity of the deed, which truly made them shudder_, seeing that +two old septuagenarians and a young girl of 17 years had so wretchedly +perished. + +As the trial of the criminals advanced, there were many arguments made +on the matter, laying stress on all the more aggravating circumstances +which accompanied this horrible massacre. Others also were made in the +defence with much erudition, especially by the Advocate of the Poor, +who was a certain Monsignor Spreti. He succeeded in delaying the +sentence, because Baldeschi made denial, even though "the cord" was +administered to him twice, under which he swooned. Finally he +confessed, and the others did likewise. _They also revealed that they +had planned to kill Franceschini himself, and to rob him of his money, +because he had not kept his word to pay them as soon as they left +Rome._ + +On February 22 was seen _in the Piazza del Popolo a great platform +with mannaia, and two great gallows, which had been built for the +execution of the criminals. Many stands were constructed for the +accommodation of those curious to see such a terrible execution, and +so great was the concourse of people that some windows brought as much +as six dollars each. At the eighth hour [2 a.m.] Franceschini and his +companions were informed of their death and were placed in the +Consorteria. There they were assisted by Abate Panciatichi and +Cardinal Acciajoli, nor did they delay in preparing themselves to die +well. At the 20th hour [2 p.m.] the Company of Death and of Pity +arrived at the Prisons. The condemned were made to go downstairs, and +were placed upon separate carts to be drawn to the place of +execution._ + +_The first to mount the cart was Agostinelli, the second Gambassini, +the third Pasquini, the fourth Baldeschi, and the fifth Franceschini, +who showed more intrepidity and composure than the others, to the +wonder of all._ + +_They left the Prison and followed the Pilgrims Street, the Street_ +_of the Governor, of Pasquini, Piazza Navona, the Pantheon, Piazza +Colonna, and the Corso._ + +_The first who was executed was Agostinelli, the second Gambassini, +the third Pasquini, the fourth Baldeschi, and the last Franceschini. +When the last-named had mounted the platform, he asked pardon for his +sins, and begged them to pray for his soul, adding that they should +say a Pater, an Ave, and Salve Regina for him. When he had made the +confessor announce that he was reconciled, he adjusted his neck upon +mannaia and, with the name of Jesus on his lips, he was beheaded. The +head was then shown to the people by the executioner._ + +_Franceschini was low of stature, thin and pallid, with prominent +nose, black hair and a heavy beard, and was_ fifty years of age. _He +wore the same garb as when he committed the crime--that is a coat of +brown cloth, black shirt, a vest of goatshair, a white hat and cotton +cap; clothed presumably as he had been when he had set out from +Arezzo._ + +The execution took place during the _Pontificate of Innocent XII._, in +1698. + + + + +TRIAL AND DEATH OF + +FRANCESCHINI AND HIS COMPANIONS + +FOR THE + +MURDER OF COMPARINI, HIS WIFE, AND DAUGHTER + +WHICH HAPPENED DURING THE TIME OF INNOCENT XII. + + + + +EDITORIAL NOTE + + +The following additional account of the Franceschini murder case was +discovered a few years ago in the Royal Casanatense Library, Rome +(Misc. MS. 2037), in a volume entitled _Varii successi curiosi e degni +di esser considerate_, containing thirteen pamphlets by various +authors, most of them concerning famous criminal trials, from Rome of +the seventeenth century. The volume is in a hand of the early +eighteenth century, and contains an endorsement to the effect that a +copy was made from it in 1746. The Franceschini murder is the subject +of the tenth narrative of the volume. Internal evidences indicate that +it was written somewhat later than the secondary source pamphlet, by +one who has considerable knowledge of the crime and whose attitude of +mind shows him to have been a priest. It presents a better story and a +fuller account of the motives of the actors, especially those of Abate +Paolo and Violante, together with a number of additional matters of +fact not contained in _The Book_. It never fell in Browning's way, and +hence has no immediate source-relation to the poem, but it does prove +in some cases the accuracy of Browning's conjectures of unknown facts +when definite data failed him. + +The pamphlet was printed in translation by W. Hall Griffin in the +_Monthly Review_, November 1900. The present version has been made by +the editor from a transcript of the original Italian executed by a +friend in Rome.--C.W.H. + + + + +TRIAL AND DEATH OF FRANCESCHINI AND + +HIS COMPANIONS + +FOR THE + +MURDER OF COMPARINI, HIS WIFE, + +AND DAUGHTER + +WHICH HAPPENED DURING THE TIME OF + +INNOCENT XII. + + +The Abate Franceschini, born in Arezzo, Tuscany, of a family which was +noble, but poor of estate, having the cleverness to advance his own +fortunes, proceeded to the city of Rome, and was admitted by Cardinal +Lauria into his household as Secretary of the Embassy. His inherent +mental aptness won for him the favour of the Cardinal, who was held in +great esteem in the Sacred College by reason of his learning, and who +stood so high that he might well have aspired to the Papal Chair. In +this lucky juncture, Abate Paolo, wishing to take advantage of his +good fortune, thought to provide a wife for his brother Guido and to +recoup his family fortunes by a rich dowry. Guido had served Cardinal +Nerli in the same capacity, as Secretary of the Embassy; but either +because he had not the good luck or the ability of his brother he left +that service. Although Paolo knew that the idle state of his brother +would be hurtful to his claims of dowry, he did not cease aspiring to +a very advantageous one, flattering himself that his own distinction +might make up for the shortcomings of his brother. + +Now Guido had reached full maturity, was of weak temperament, ordinary +in appearance, of a disposition more gloomy than pleasant, and, +moreover, was of scant means. Hence, unless Abate Paolo should use his +own influence, he could have little expectation for Guido. After +having attempted several alliances of high rank, Paolo fixed his +thought on Francesca Pompilia, the daughter of Pietro and Violante +Comparini. As she was their only child, and as her parents were too +far advanced in years to have other offspring, she would fall heir to +a reversionary interest of 12,000 scudi; and he hoped that he could +easily make the match, as the Comparini were rather inferior to him in +birth. + +A certain hairdresser frequented the home of the Comparini with the +familiarity admitted by those women who desire to make themselves +appear more beautiful to their husbands' eyes than they are and which +some husbands tolerate who rely too much upon the fidelity of their +wives. Paolo considered this woman to be the best means for aiding his +designs for the marriage of Guido, and the latter often went to her +shop with the purpose of winning her confidence by odd jobs. When he +had often turned the talk to the subject of taking a wife, she told +him one day he might readily apply for the daughter of the Comparini, +for she had a suitable dowry, besides being heiress to a reversionary +interest, and was of a small family connection, which were his very +requirements. When through her efforts he had succeeded in achieving +the marriage, it was understood he should reward her with 200 scudi. +The hairdresser lost no time in broaching the matter to Violante, who, +anxious for the advancement of her daughter and for the establishment +of her own interests, agreed to speak of it to her husband, and, if +the matter were as stated, to persuade him to effect it. Violante +spoke to her husband about it and he did not reject the proposal, +provided that the vaunted riches of the Franceschini were verified, +but he said this would have to be given in a written statement +attested by well-known and reliable persons. When the hairdresser had +carried back this word to the Franceschini, they sent a statement of +their real estate in Arezzo, with an income amounting to 1700 scudi, +attested by persons well known to the Comparini, and who confirmed it +to them orally. + +Abate Paolo, fearing lest this fortune might escape him, gave them no +time to change their minds, and in order to make the matter surer he +desired to secure it by the hand of Cardinal Lauria, his patron, by +whom he had the marriage agreement drawn up; for his Eminence was +pleased to show kindness to the advantage of a man whom he regarded +with some favour. Meanwhile Comparini had become better informed of +the rank and property of the Franceschini and found them far different +from the preceding account, both in rank and in property. Therefore he +had a warm dispute with his wife, who persisted in the marriage, and +declared that he had been advised by persons envious of the good +fortune of one or the other house, and who wished to hinder it, and +that she was not shaken in her original desire; for she was very sure, +from other truthful witnesses, that the Franceschini were of the +first rank of nobility of Arezzo, and not of the second, as those had +said, and that the property given in the list had been untampered +with. But the more she warmed to the matter, the cooler became Pietro; +for being very diplomatic, if he could not gain, at least he wished +not to lose by the marriage of his daughter. But what does not a man +lose when he allows his wife to rule him? He loved her so tenderly +that from the first day of their marriage he had constituted her the +arbitress of his wishes. Violante, nevertheless, fearing lest Pietro, +in a case of such importance, might be more influenced by reason than +by flattery, could suffer no delay in making secure the reversionary +interest which another house could claim if the Comparini were without +an heir; she therefore resolved to have the marriage performed without +the knowledge of Pietro. When she had secured the consent of the +daughter, who was always obedient to her commands, and had made an +appointment with Guido, she conducted her, suitably clothed, one +morning to San Lorenzo, in Lucina, and espoused the two. + +Pietro felt the blow keenly, but being unable to find any remedy for +it, he cloaked his anger with the show of being displeased at not +having been present, and this displeasure would cease in him with the +joy of the nuptial feast, which should be in their house. He assigned +to his daughter as dowry twenty-six bonds, with future succession to +the remainder. On the very same day, after talking of the advantages +which would result to both houses from the union of their interests, +they decided upon the removal of the Comparini to Arezzo, which +followed in a few days, and with it the absolute administration of the +property by Guido. + +When they had reached Arezzo the Comparini were received by the mother +and relatives of Franceschini with all that show of love which is +customary on such occasions. But very soon, from constant association, +disturbances arose, and thence they passed to hostilities. The mother +of Guido, a proud, avaricious woman, who governed the household +despotically, took to stinting it even in the necessary food. This +moved the Comparini to complaints, to which the Franceschini first +responded with insults and then with threats. This was a thing +Violante could not tolerate, for, being a woman, she had her own share +of natural arrogance. So she began tormenting Pietro, cursing the day +when he had decided to move to Arezzo, laying the blame on him for all +that of which she had been the cause. And Pietro, who was one of those +men who let themselves be overcome by a couple of crocodile tears of +their wives, instead of reproving her for the undertaking (although +she had concluded the marriage against his wish and without his +knowledge), entreated her affectionately to bear with patience the +abuses, which would possibly cease when the Franceschini saw them +defended by their daughter. + +At that time [November 30, 1693] passed from this life to Heaven +Cardinal Lauria, a churchman of merit beyond all praise. Then Abate +Paolo was elected Secretary in Rome of the Religious Order of Malta. +At this the haughtiness of the Franceschini increased so much that +they considered it grand good fortune for the Comparini to be +considered their friends, not to say their relatives. Violante being +no longer able to live under the proud command of another woman, since +she had been in the habit of domineering, as her husband had been +subject to her wishes, so tormented him that she induced him to take +up his residence in Rome again. For this purpose the Franceschini gave +them a sum of money sufficient for the journey and for the most +necessary furniture in the home. + +Scarcely had they reached Rome when, to the surprise of everybody, it +was reported that Pietro had dispatched a judicial warning, in which +he set forth that Francesca Pompilia was not really his own daughter +and that therefore he was not obliged to pay the dowry. He brought the +attestation of Violante his wife, who had declared that to check her +husband's creditors in the matter of the trust fund and to enjoy the +income of the bonds she had feigned to be pregnant and, that her +husband might not discover the trick, she agreed with him that when +she became pregnant they should abstain from association until after +the birth of their child. And so, on the very day of this pretence, +they took separate bedrooms; still further, by well-arranged clothes, +she feigned the swelling of the womb, and by suitable drugs made +pretence of nausea until her time was come. She then took advantage of +a day when Pietro was occupied in his lawsuits, to bring forth the +pretended birth, which was well carried out by the sagacity of a +midwife in the secret, who provided whatever was necessary. And that +the house servant might not detect the trick, they sent him to the +apothecary to secure certain medicines. At the same time the midwife +went to get a little creature whom she had received the day before +from a neighbour, who was already in the secret. When she had returned +to the house she summoned a familiar friend of the Comparini from a +window. Matters were so well arranged that when the woman arrived, +there was nothing more to do than to make her believe what was not +really so. And to trick more surely the thought of this neighbour, +they feigned that when Violante wished to pass from the bed to a +chair, she fainted into the arms of the woman by reason of her pains, +since the midwife could not run up in time. + +This unexpected act of Pietro, which became known in Rome immediately, +was heard with less wonder than scorn. The just anger of the +Franceschini would have undertaken due vengeance if it had not been +mitigated by the hope that, since Pompilia was not the true and +legitimate daughter of Pietro and Violante, the marriage would be +annulled and Guido's wounded reputation would be healed. But when he +had taken counsel with several authorities and found they were of +different opinions, he was unwilling to risk so doubtful an affair, in +the promotion of which they would necessarily confess and presuppose +that she was not the daughter of the Comparini, and by this confession +they would be prejudiced in their claims to the dowry. They opposed +the judicial notice, and obtained for Pompilia the continuance of her +quasi-relation as daughter, together with a decree for the transfer of +the dowry bonds. But Pietro appealed to the Signature of Justice so +trickily that the Franceschini had the expense of the transfer, but +not the enjoyment of the income, since they obtained from it not even +a two months' payment. + +The unfortunate Pompilia was the victim of the hatred of these two +houses; for she was left alone in Arezzo at the will of her husband, +her mother-in-law, and her relatives, who were mortally offended at +her parents, and she was hourly threatened with death. In so +deplorable a state the courage even of a more mature woman would have +failed, not to speak of that of a girl only sixteen years old. For she +was innocent of the wiles of her mother and of the duplicity of her +father and by her own good qualities she was worthy of tenderness +rather than cruelty. The unhappy one suffered as best she could these +tyrannies which were ever increasing, but despairing of all hope of +peace, she often had recourse to the Governor of the City, that he +might interpose his authority with the Franceschini. As this was of no +avail, she threw herself at the feet of the Bishop, who had Guido come +into his presence and who tried to reconcile him. But Guido's anger +increased all the more because of this public recourse, and he +threatened Pompilia with certain death if she should ever try it +again. + +When the poor child saw every way to peace closed against her she +appealed to Canon Conti, a relative of the Franceschini, who was very +well informed of her wretchedness because he visited the house, and +she begged him to save her life, which was in continual peril. He was +moved to pity, for he knew that she had no other remedy than flight. +As he could not personally assist in this, lest he would have to bear +the hatred of the entire family connection, he suggested to her that +the very person for such an enterprise was the Canon Caponsacchi, his +intimate friend and somewhat related to him by blood, whose courage +was no less ready to meet danger than to overcome it. + +Pompilia accepted the counsel of Conti, who lost no time in opening +the affair with Caponsacchi. He at first showed some unwillingness, as +he hesitated to carry away a wife from her husband, even with the sole +purpose of conducting her to her own parents. But when he had been +fully informed of the insufferable abuses of Guido and his relatives +his pity prevailed over all other considerations and he accepted the +undertaking. Pompilia, who was eager for this, tried to win him by +letters and amorous verses, yet always keeping herself true to her +marriage vows, as one may read in her letters. In some of these she +praises the modesty of Caponsacchi, in others she reproves him for +having sent some octaves which were slightly reprehensible, and she +urged him to keep unstained that nobility of which he boasted. On the +day appointed for flight, with the assistance of Canon Conti, the two +took their places in a carriage and travelled as fast as they could, +without resting save when it was necessary to change horses. They +arrived the second morning at dawn at Castelnuovo, and, in spite of +the fact that the host had assigned them a bed for repose, Pompilia +seated herself in a chair and Caponsacchi went down to the stable to +urge on the driver. + +When Guido awoke after the flight of Pompilia and perceived that she +was not in bed, he arose in a fury, and, seeing the jewel-box open and +minus the jewels and money, which it had contained, he surmised what +had happened to him. Accordingly, on a good horse, he sped along the +Roman road and overtook the fugitives at the abovesaid inn of +Castelnuovo an hour after their arrival. When Pompilia saw him, with +that courage which desperation may arouse even in the weakest spirits, +she seized Caponsacchi's sword which lay upon the table, unsheathed +it, and thrust at his life, calling him betrayer and tyrant. Guido, +fearing lest her spirit no less than the valour of Caponsacchi might +bring his death rather than revenge, turned his horse and rushed to +the authorities. He had the fugitives arrested and conveyed to the New +Prisons, where he entered charge of flight and adultery against them. + +The Abate Paolo who, as has been said, was the Secretary of the +Religious Order of Malta in Rome, made noisy recourse for his honour +to the Pope, and he put a petition before Monsignor Pallavicino, the +Governor, demanding that he declare Caponsacchi the seducer of his +sister-in-law, and both of them guilty of adultery, and that his +brother for that reason was entitled to gain the entire dowry. Legal +proceedings were instituted against them according to the most +rigorous forms of law, but no proof of guilt was found against +Caponsacchi and Pompilia except the love-letters written at the time +of the arranging of the flight, the undertaking of the flight itself, +and the deposition of the driver. For the latter declared that he had +sometimes seen, when he had turned back during the journey, that they +were joined face to face, that is cheek to cheek, a matter which did +not make full proof of fault, since the rough roads and the headlong +speed of the journey jostling them about might have been the cause of +it. Wherefore the Court deemed it prudent and just to sentence +Caponsacchi to three years' relegation in Civita Vecchia for his +rashness in running away with a wife from her husband, even though the +motive was pity. While the case of the Franceschini against Pompilia +was on trial, Pompilia was transported with their consent, as their +prisoner, into the Monastery of the Scalette on the Lungara, with the +obligation that Guido, her husband, should provide her food. There, +after a little while, it was discovered that she was pregnant, and as +it no longer comported with the reverence of that place that she +should remain there, with the consent of Abate Paolo, who had power of +attorney for his brother, Monsignor the Governor ordered that she +should pass into the home of the Comparini, her parents, under +security of 300 scudi to keep it as a secure prison; and he declared +that Guido's obligation for her food should cease the very day she +left the monastery. + +This cause, in which the Franceschini were not obliged to have hand +for mere honour's sake, was seen to have its chief motive in +selfishness. Therefore there was not a company where the conduct of +one or the other party was not censured. For this reason the Religious +Order of Malta gave secret intimation to Abate Paolo that he should +resign his office. At the loss of this honourable post, rein was given +to the evil tongues of his adversaries. This put Abate Paolo in such +straits that, ashamed to meet his dearest friends, he decided to +leave Rome and to pass to a clime where information of the dishonour +that so afflicted him would never come. + +When Guido was informed of the departure of his brother and of the +obligation resting on him of repairing the honour of his house, he +thought that to go into voluntary exile, as his brother had done, +would only prove the baseness of his own mind. For he had been justly +charged with this, since at the time he had overtaken his wife with +her abductor he had failed in that very place to take the vengeance +which was demanded at his hands. + +In due time Pompilia had given birth to a son, who was sent out of the +house by the Comparini to nurse. Thereupon every one believed, and +especially Violante, that the ties of blood would move Guido to a +reconciliation with his wife. For in spite of their declaration that +Pompilia was not their daughter, the minds of the Comparini might +still be disposed to some reconciliation. But Guido's thought was +quite different, for he was continually stirred, even in the absence +of Abate Paolo, to plot the removal from this world of the entire +memory of his dishonour by the death of Pompilia, Pietro, and +Violante, and possibly of still others. + +Guido had in his employ, in the country, a daring and wicked labourer +[Alessandro Baldeschi] to whom he often exaggerated the shame which +his wife and the Comparini had brought upon his house. To him Guido +revealed that with his assistance he wished to purge with their blood +the stain to his honour. The cut-throat straightway accepted and +declared that, if there were need of other company, he had three or +four friends for whom he would vouch. Guido replied that he should +take three bold and trusty ones to make sure against any possible +resistance, and should use all care to secure them at the lowest +possible price. + +When all had been agreed upon, and arms suitable for the affair had +been prepared, Guido, with his four companions in disguise, secretly +took the road to Rome. Reaching the home of the Comparini at eight +o'clock in the evening, one of them knocked at the door, and when +Pietro responded, the murderer told him that he had a letter to give +him which had been sent from Civita Vecchia by Caponsacchi. When the +women heard this they told Pietro to have him come back again next +morning, urging him not to open the door. But he was curious about the +news from Caponsacchi, and when the murderer replied that he could not +come back in the morning, as he was obliged to leave that night, he +opened the fatal door and thereby admitted his own death and that of +Violante and Pompilia. + +Guido in a transport of rage leaped in with two companions, leaving +the others on guard. They first dealt the poor old man many blows, and +deprived him of life before he could lift his voice. Scarcely had the +unfortunate women seen this when, transfixed with like wounds, they +suffered the same fate. Upon the unfortunate Pompilia fell the blows +of her husband, accompanied with countless insults, and after he had +trampled her several times under foot and wounded her anew, not +trusting his own fury, he told his companions to see if she were +really dead. One of them lifted her by the hair and let her fall +again, and assured Guido that she was no longer alive. + +When this barbarous murder had been concluded and the money agreed +upon had been paid to the cut-throats, Guido wished to leave them, but +they would not allow him to desert them for fear that one might kill +another, as frequently happens for hiding such misdeeds. Or else the +murderers, while united with their leader, had agreed to kill Guido as +they thought he might have a large sum of money. Hence they did not +consent to his leaving them and they took the road toward Arezzo +together, which they agreed to make on foot, as they could not secure +posthorses. + +From these repeated wounds Pietro and Violante were quite dead, but +not Pompilia, though her wounds were more numerous. For because of her +innocence she was especially helped by the divine mercy, and she knew +so well how to feign death that she deceived the murderers. When she +saw that they were gone, with her dying breath she mustered sufficient +strength of voice to make the neighbours hear her cries for help. + +They found her in the last extremities, and eagerly ministered first +to her soul and then to her body. Her wounds were so numerous and of +such a nature that although they did not immediately kill her, they +made her death certain. This occurred a few days later, to the sorrow +of all those who assisted her and who had knowledge of this pitiable +case. The fortitude with which she suffered the pains of her treatment +caused as much wonder as her resignation to the Divine Will caused +love. She not only did not blame the cruelty of her husband, but with +fervent prayers she besought God to pardon him. The compassion of her +assistants both for her soul and for her body I attest by the +following sworn statement concerning not only her innocence, but the +happy passage of her pure soul to heaven. [Then follow the affidavits +of Fra Celestino and others given in _The Book_]. + +Divine justice, which would not suffer so atrocious a deed to go +unpunished, caused the criminals to be overtaken by the authorities at +the break of dawn at an inn a few miles from Rome. For when they had +eaten a little, they went to sleep by the fire, fatigued by the +journey and overcome with drowsiness. The police rushed violently in +upon them and, pointing carbines at their breasts, assailed and bound +them at once. They were straightway taken to the New Prisons, and the +Governor apprised the Pope of this barbarous murder and of the arrest +of the guilty. He gave commands that, without delay and with all +rigour, trial should be brought, this being a case which, by reason of +the consequences which might arise from it, should be examined into +with very special attention. + +Far less torment than would seem to be necessary had to be applied to +get the confession of the murderers and of Guido, who more than the +rest had stood by his denial. But at the sight of torment he had not +the heart to resist longer and confessed fully, saying indeed that the +crime had had no other motive than the reparation of his honour which +had been so publicly offended. This was a matter which any common man +would have undertaken, not to speak of himself, who was a gentleman; +and if on his first examination he denied the truth of this, he had +done so lest he might injure his companions, who had aided him in a +deed worthy of all sympathy, because he had honour as his sole end. + +With the confession of Guido and its ratification by the rest, the +process was finished, and they were sentenced, the cut-throats to the +gallows and Guido to mannaia, a means of death conceded rather out of +respect for his being in clerical orders than for any other reason. +The Advocate and Procurator of the Poor had written so ably in their +defence on the point of honour that there is no memory of more learned +arguments. But the features of the crime were so many (and all of them +punishable with death) that they were overcome no less by their nature +than by their number. Among such features was the bearing of arms +prohibited under capital penalty, the death of Pietro and Violante who +were not accomplices in the flight of Pompilia, the murder while a +lawsuit was pending, and in their own home, which place the +authorities had with the consent of Guido assigned to Pompilia as a +secure prison. The many other weighty charges which displayed the +great learning of the defenders were the just cause of the death of +the accused. Yet with the usual hope of all those who make confession +of capital crime, Guido flattered himself that he could save his life +by reason of his honour. At the unexpected announcement he did not +give up to such a frenzy as frequently follows in those who experience +so terrible a disaster, but, as if stupefied, after a few minutes he +heaved a deep sigh, accompanied by a few tears, which by their +extraordinary size showed dying symptoms. He said: "I well feared a +heavy sentence, but not that of death. My crime is great, but love of +honour has never suffered me to perceive what it was until now that +sentence has been passed, which I hold in such reverence that I wish +to appeal only to God, to whom alone I turn for the only mercy. +Without His will I should never have reached this awful pass, which +may be a comfort to me and not a source of bitterness, that I may gain +by entire resignation to His will the merit of His pardon." And then +he threw himself into the arms of the compassionate Frati and showed +such signs of true contrition that their prayers were accompanied by +tears rather than by exhortations. + +His four accomplices did not submit themselves with the same +readiness, for as they were of lower birth so were they less swayed by +reason, which would render them impressible to the punishment they had +merited. The oldest [Baldeschi] and youngest [Agostinelli] were the +most obstinate, the one from having a heart hardened by so many years +of evil life, and the other being all too sensitive to so harsh a +punishment for a single crime, in the very flower of his youth, +without ever having spilled a drop of blood, and with the sole fault +of having been induced to stand as guard at a door through which Guido +had had to pass, to purge himself of the stains to his honour by the +blood of his foes. As the hour of execution drew nearer, the +stubbornness of these wretches so increased that the Frati despaired +of their repentance. At last the Divine Mercy, which works miracles +when we least expect it, entered their hearts and gloriously +demonstrated His omnipotence. They finally trusted in God, and the +memory of those faults which had made them obstinate, and which were +now illuminated by the Divine Grace that disposed them to penitence, +fitted them for pardon. When these souls had been secured for God +after such a hard contest, the execution passed from the New Prisons +at Tor di Nonna to the scaffold raised in the Piazza del Popolo in +view of the gate and of the Corso. In the midst was the block on a +lofty scaffold, larger than usual and with steps made with particular +care; on the two sides the gallows were placed at equal distances. In +spite of the vastness of the Piazza, not a single foot was left which +had not been occupied by stands, which were covered with tapestry and +other ornaments forming a theatre for festal celebrations rather than +for a solemn tragedy. + +His four companions preceded Guido, each of them in a separate cart, +assisted by the devotion of the accustomed Frati [The Brotherhood of +Death], and followed by a countless concourse of people praying for a +blessed departure, which in view of their contrite resignation seemed +not at all doubtful and even a certain hope. Rarely did Guido +Franceschini turn his eyes from the crucifix, except when nature, +overwearied by the steadfastness of his gaze, made him turn away his +head but not his heart, which had been wholly given to his Creator so +that none was left for himself. + +When he had reached the Piazza di Pasquino, and the cart had stopped +before the church of Agonizzanti, where on days of public execution it +is customary to offer the Sacrament to the delinquents condemned to +death and therewith to bless them, Guido knelt and began to recite, in +a voice quite audible to bystanders, certain verses of the _Miserere_, +and among them this, "Hide thy face from my sins and blot out all mine +iniquities." He accompanied this with such signs of sorrow and +penitence that the people by their tears showed no less grief than the +one condemned. + +With equal devotion his companions received the same blessing, but the +behaviour of the youngest [Agostinelli] was remarkable beyond belief, +who beside himself with his love of Heaven and of God, by his +expressions which exceeded his own capacity, confounded the wisdom of +his pious assistants. + +Thence by the most densely populated streets they continued the +journey to the Piazza del Popolo, where they all died, Guido last, +with those acts of contrition which their preparation had shown. As +the youngest had displayed most blessed signs during life, so it +pleased God that he met his death likewise, for at the moment the +executioner did his work, he clasped between his breast and his hands +the image of that crucifix whereby they had become certain of Divine +Pardon. This assured the people of his salvation as his untimely death +had aroused their pity. + +Rome has never seen an execution with a greater concourse of people, +nor does it remember a case on which there was such general talk as +on this. Some defended the Comparini, because they had suffered abuse, +others the Franceschini as it was a matter of honour. But, on looking +at the matter dispassionately, they were adjudged to be equally +guilty, except that Pompilia, who was entirely ignorant of the truth, +was without blame; for she had consented to the marriage at the +command of her mother without the knowledge of her father, and had +fled from her husband for fear of death with which he had often +unjustly threatened her. + +From trickery arose the union of these two houses, from the +Franceschini in frauds regarding property they did not possess, from +the Comparini by the pretended birth, or by this very pretence if the +birth were real. The trick arose from greed of gain in Pietro to +secure the trust moneys for himself, and in the Franceschini to +minister to their own ease; so all was done contrary to laws both +human and divine. Hence a bad beginning was followed with a wretched +ending, as has been told above. + + + + +NOTES AND COMMENT + + +1. _Title-page_ (p. 1). The manuscript title-page of the _Book_ is +closely paraphrased by Browning, _R.B._ 1. 122-31, the word "position" +being used as the equivalent of Italian _posizione_. + +2. _The Index_ (p. 3) (Italian, _indice_) is a manuscript table of +contents, evidently supplied by the original collector. + +3. _A Transcript of the sentence against Pompilia_ (pp. 5-7) in the +Criminal Courts of Arezzo, dated February 15, 1697 (for 1698). +Parallel with the Process of Flight (_see_ Note 18) in Rome, the +Franceschini family evidently instituted criminal proceedings in +Arezzo against the fugitive Pompilia, charging her with theft and +adultery. Signor Guillichini and the driver Borsi were included in the +action as accessory to the crime. The Franceschini were able to secure +the condemnation here which was not obtainable in Rome. Under security +of this sentence, granted in December 1697, Guido could safely go on +with the assassination of his wife, so far as Tuscan law was +concerned. The transcript in the _Book_ is dated February 15, while +the murder trial was at a crisis, and was probably sent to Rome by +Signor Cencini to assist Guido in his peril. It is noteworthy that +Guido did not include Caponsacchi in his accusation in Arezzo. + +4. _Romana Homicidiorum._ The frequently repeated designation of the +case--_Romana causa homicidiorum_--Roman trial for murders. + +5. _Hyacinthus de Archangelis_ (Italian, _Giacinto Arcangeli_), +_Procurator Pauperum_, was Guido's chief defender, not an attorney +employed privately by the defendant, but an official States' attorney +for the defence. The Roman court procedure in all cases assumed the +right and obligation of the State to conduct both sides of a criminal +case. + +6. _Desiderius Spretus, Advocatus Pauperum_, was the co-defender of +the accused. Humphrey's _Urbs et Orbis_, p. 428, makes plain the +respective functions of the two attorneys: "The advocate is a man +skilled in civil and canon law, who defends causes in writing or by +word of mouth, on the point of law, setting before the judges that +which is true in law, or best founded in law, or the principles of law +which ought to be applied in a particular case. His is the scientific +part of the cause, and he speaks only to the point of law. Matters of +fact are to be established by the procurators, and it is upon these +established facts that the advocate develops his judicial +conclusions." + +7. _Joannes Baptista Bottinius, Fisci et Cam. Apost. Advoc._ (Advocate +of the Fisc, or Treasury, and of the Reverend Apostolic Chamber), the +chief prosecutor of the criminals, with functions equivalent to those +of the prosecuting or States Attorney in the Common Law. Browning +continually used the clipt form, Fisc. + +8. _Franciscus de Gambis, Procurator Fisci_, was the coadjutor in the +prosecution, opening the case in Pamphlet 5, but thereafter playing +little part in the case. + +9. _Antonius Lamparellus, Procurator Charitatis_, the attorney who, in +Pamphlet 17, defended the memory of the dead Pompilia for her heir and +against both the Franceschini family and the Nunnery of Convertites +(_see_ Note 10), both of whom were accusing her memory to gain her +estate. This trial in the criminal court of the Governor, took place +between the death of Guido, February 22, and May 17, 1698. The +decision "for absolution" was made _definitive_ by the decree of +court, September 9, 1698 (Pamphlet 18). + +10. _The Nunnery of the Convertites._ Within a month after the death +of Pompilia the Nunnery of _Sta. Maria Maddalena delle Convertite al +Corso_ (founded 1520 _pro mulieribus ab inhonesta vita ad honestam se +convertentibus_) laid claim to the whole of Pompilia's property on the +ground of their privilege of receiving the property of women of evil +life who died in Rome. + +11. _Most Illustrious and Most Reverend Lord Governor._ All the +arguments and the summaries of evidence in the murder case are +addressed to the Governor of Rome, but the Vice-Governor, Judge +Venturini, seems to have presided in his stead. + +12. The title and imprint on the right half of the final page of each +of these official pamphlets was evidently for convenience in filing +the documents when folded into bundles. The imprint _Typis Rev. Cam. +Apost._ (Type of the Reverend Apostolic Chamber), is the official +imprint of the Papal press. + +13. _The Deposition of Angelica_ (pp. 49-53). Angelica, a domestic in +the Franceschini home during January 1697, while the Comparini were +living in Arezzo with their son-in-law, was probably carried back to +Rome by the Comparini on their return to Rome that she might serve as +a witness to the poverty and parsimony of Guido. She makes her +affidavit at Rome, June 24, 1694, evidently for use in the suit +brought by Comparini to recover the dowry paid with Pompilia. How far +it is true and how far it is the prejudiced and bitter word of a +resentful servant who had been kicked out of doors, we cannot say. But +its publication through court procedure must have been bitterly +humiliating to the Franceschini. What was worse, the Comparini +probably used this as a part of the slanderous stories they took pains +to print and circulate in Rome (p. 181). + +14. _Diverse Attestations_ (p. 53). These attestations, made June 17, +1697, nearly seven weeks after the arrest of Pompilia at Castelnuovo, +were evidently secured by her lawyers for her defence in the Process +of Flight (Note 18). + +15. _The letters of Signori Romani and Albergotti_ are undated, but +were probably written soon after the departure of the Comparini from +Arezzo in 1694. + +16. _Pompilia's Letter to Abate Paolo_ (pp. 56-7). The much discussed +letter of Pompilia to Abate Paolo, dated June 14, 1694, full of +calumniation of her parents, who had left Arezzo only three months +before, could not have been written by the fourteen-year-old girl +voluntarily. Guido must have composed it as a counter attack on the +Comparini, who were bringing suit against him at Rome, and were +loading him with shame. + +17. _The Attestations of Fra Celestino and Others_ (pp. 57-60), dated +January 10, only four days after the death of Pompilia, was given at +the instance of Pompilia's executor, Tighetti. It is a most important +piece of evidence, and is cited repeatedly during the trial. Its +genuineness and sincerity are beyond question, and Browning gained +from it most of his faith in the innocence and saintly patience of +Pompilia. + +18. _Process of Flight._ After the arrest of Pompilia and Caponsacchi +at Castelnuovo they were taken to Rome and lodged in prison. They were +soon brought to trial on the criminal charge of adulterous elopement. +The case seems to have been in the same court which tried Guido for +murder eight months later, and probably continued in a desultory +fashion all summer. In this case both of the accused made the +deposition later included in the _Book_. In this trial also, Guido +tried to introduce the testimony of the harlot-servant, Maria +Margherita, and the love-letters. The case was never decided so far as +Pompilia was concerned. + +19. _The Deposition of Pompilia_ (pp. 90-5), dated May 13, 1697, two +weeks after her arrest at Castelnuovo, giving the causes of her flight +from her husband's home, was made by Pompilia for her own defence in +the Process of Flight. The marginal comments, adverse to her, are, of +course, the prejudiced comments of Guido's lawyers. + +20. _The Deposition of Caponsacchi_ (pp. 95-8), made about the same +time and under the same circumstances for the Process of Flight, was +reintroduced as evidence in the murder case, but there is no reason to +think that Caponsacchi was brought into the latter case in any other +way. + +21. _The Love-Letters_ (pp. 99-106). These letters are one of the most +elaborately discussed pieces of evidence in the _Book_. Guido claimed +to have found them at the inn of Castelnuovo after the arrest of the +fugitives, and he offered them in court during the Process of Flight, +as a proof of adultery in his wife, but they were thrown out by the +court. Their conventional fine-letter-writing, their studied innuendo +and finesse, were quite beyond the capacity of an illiterate girl like +Pompilia. They were probably composed by Guido, and if so, they prove +that he was basely scheming to drive his wife into dishonourable +flight that he might disgrace her and cast her off. The eighteenth +letter was specifically denied by Caponsacchi in his cross-examination. + +22. _The Sentence of Relegation_ (p. 106) for three years in Civita +Vecchia was decreed against Caponsacchi at the close of the Process of +Flight in September, 1697. It is commensurate with priestly +indiscretion rather than with crime. + +23. _The Account of Fact_ (Pamphlet 10). This anonymous Italian +pamphlet is not at all a part of the official record of the murder +case. It has no imprint and is in entirely different face of type, and +must have been printed privately for circulation outside the courts. +While much less technical and formal than the arguments of the +lawyers, and much more studious of popular effects, it slips back +repeatedly into the thought and the language of Arcangeli, the +defender of Guido. It probably suggested Half-Rome in _The Ring and +the Book_. + +24. _The Response_ (Pamphlet 15) is a highly rhetorical, but +effective, retort to the anonymous writer. It was written during the +later stage of the murder trial, and was probably the work of Signor +Bottini. It likewise is without imprint and signature, but may have +been broadly scattered throughout Rome. + +25. "_To keep to this home of Pietro ... as a prison_," _Domus pro +Carcere_ (p. 159). For a month after the sentence against Caponsacchi, +Pompilia was kept prisoner in the refuge called the _Scalette_--a +provision for her safekeeping, not a punishment. On October 12, she +was permitted to give bond to keep the home of her foster parents, the +Comparini, as a prison, _Domus pro carcere_, sentence against her +being suspended. + +26. _The Scalette._ The _Conservatorio di S. Croce della Penitenza +alla Lungara_ was an institution for penitent women, founded 1615, and +popularly called _Scalette_, because of the two adjoining stairways. +Browning confuses this institution with the Convertites (Note 10). + +27. _Baptismal Record of Pompilia_ (p. 159). This note, taken from the +parish record of San Lorenzo, in Lucina, enables Browning to make the +exact statement of Pompilia's age and her full name, as given in the +opening lines of her monologue. + +28. _Pompilia's Letter_ (p. 160) to her foster parents, written from +prison at Castelnuovo only two days after her arrest, is her plea to +them for assistance. It was probably cited as evidence in the Process +of Flight. + +29. _The Will of Pietro Comparini_ (pp. 160-1), evidently drawn up +after he had learned Pompilia was not his own daughter, and before her +return to Rome, aimed to prevent her being disinherited for that +reason. Its personal tone is good, and it is almost the only +first-hand evidence of the character of Pietro to be found in the +_Book_. + +30. _Power of Attorney_ (p. 162). Under date of October 7, 1694, Guido +grants full power of attorney to Abate Paolo, who was representing him +in the lawsuits in Rome and in other matters of business. + +31. _Arcangeli's Manuscript Letter_ (pp. 235-6). On February 22, 1698, +only a few hours after the execution of Guido, Signor Arcangeli, his +legal defender, announces the end of the case to Signor Cencini, the +Florentine lawyer who collected the _Book_, and who seems to have been +professionally related to the Franceschini family, as he had sent +certain "proofs" to assist the cause of Guido, probably including the +report of the criminal condemnation of Pompilia in the Tuscan courts. +(_See_ Note 3). This letter is reproduced by Browning, _R. B._ XII. +239-98. + +32. _The Other Letters_ (pp. 237-8), written on the same day and to +Signor Cencini, give a few additional details. The writers seem to +have been professionally associated with the Franceschini family. + +33. _Francesca Pompilia_, foster daughter of the Comparini, _b._ July +17, 1680; was married to Guido Franceschini, December 1693; fled from +her husband's home in Arezzo, April 29, 1697; arrested at Castelnuovo, +May 1; wrote to her foster parents from her prison at Castelnuovo, May +3; made deposition in Rome concerning her flight, May 13; was on trial +for flight and adultery during the summer of 1697; was placed in the +convent of the _Scalette_, September 1697; removed to the home of the +Comparini as prison, October 12, 1697; gave birth to a son, Gaetano, +December 18, 1697; was assassinated January 2, 1698; died January 6. + +34. _Giuseppe Maria Caponsacchi_, _b._ May 26, 1673, was invested +Canon of the Church of Santa Maria della Pieve, November 26, 1693, and +resigned "of his own accord," May 15, 1702. He is referred to in the +_Book_ as a man of courage, and his words as he faced Guido at +Castelnuovo are significant: "I am a man, and have done what I have +that I might save your wife from death." His affidavit is convincingly +straightforward, in spite of certain discrepancies with Pompilia's +statements, and there is evident moral indignation in his replies +under cross-examination. His participation in the dangerous flight in +mere amorous intrigue seems unbelievably foolish, and could hardly +have been carried through save on the motive he assigns, courageous +"Christian compassion." In September 1697 he went to Civita Vecchia +under sentence of three years' relegation. + +35. _Canon Conti_, called the "mediator in the flight," was brother of +Count Aldobrandini, who had married Guido's sister, and Conti is +accordingly spoken of as a "relative and frequenter of the +Franceschini home." He had been invested Canon of the Pieve, August +14, 1692. He must have been fully informed of Pompilia's sufferings, +and to him she turned at last for help. Deeming it improper for +himself to afford her relief, he urged his friend Caponsacchi to +accompany her. No criminal procedure was instituted against him in +Arezzo when Pompilia and Guillichini were accused. He died January +1698, and the Second Anonymous Pamphleteer hints that this was due to +foul play. + +36. _Guido Franceschini_, _b._ January 24, 1658, the youngest son of +an impoverished, second-rate, noble family of Arezzo, had sought his +fortunes in Rome, where he became secretary of Cardinal Nerli. He +dropped out of this service in middle life, with hardly a dollar in +his pocket, and planned to recoup his fortunes by marriage with +Pompilia, the heiress of the well-to-do Comparini. After the marriage +in December 1693, the Comparini accompanied him back to Arezzo. He +seems to have been unattractive and saturnine, and later on proved +himself both crafty and brutal. + +37. _Abate Paolo Franceschini_, _b._ October 28, 1650, the older, +shrewder, and more able brother of Guido, was more successful in +seeking his fortunes in the official world of Rome. He became +secretary of the powerful Cardinal Lauria, and on the death of the +latter, November 30, 1693, obtained the lucrative office of Secretary +of the Order of St. John of Malta. He assisted Guido in effecting the +marriage with Pompilia, and was his active agent in Rome during the +lawsuits which followed. In 1697 he lost his secretaryship because of +the ignominy which had come upon him in Guido's shameful troubles, and +left Rome, possibly, as he is accused by the Second Anonymous +Pamphleteer, to assist in planning the murder of the Comparini. + +38. _Honoris Causa._ As the fact of the murders by Guido and his +cut-throats was subject to no dispute, the whole law case turns on the +question whether these murders had been _for the sake of honour_, the +ever repeated plea of the unwritten law for the right of the husband +to slay a wife sinning against her wifehood. The lawyer's devote +themselves to ascertaining the limitations and privileges of this +plea. + +39. _Incontinenti, Ex Intervallo._ There is much argument on the +justification for honour's sake in murder done _immediately_ after the +insult, or _after an interval_ of time has elapsed. In the latter +case, the murder becomes premeditated, and is not justifiable on the +ground of excusable heat of passion at an insult. + +40. _The Aggravating Circumstances._ The prosecution makes much of the +attendant criminal circumstances which surrounded the main crime of +murder. These are first, the assembling of a band of armed men, +constituting the crime of rebellion; second, the murder of a prisoner +while under the care of the courts, Pompilia being technically a +prisoner detained in the Process of Flight; third, the assault upon +opponents in a pending lawsuit, the Comparini then being at law with +Guido; fourth, the violent breaking into a private home; fifth, the +commission of crime under cover of disguise; sixth, the use of certain +types of barbarous weapon, the very possession of which was a capital +offence. The first three of these were _laesa majestas_, criminal +insult to the majesty of the law. + +41. _San Lorenzo in Lucina._ This church in the heart of Rome just off +the Corso, and not very far from the home of the Comparini at the +corner of Via Vittoria, and Strada Paolina, was evidently the parish +church of the Comparini, as both the birth and death of Pompilia are +entered in its register. + +42. _Castelnuovo._ A village of but a few houses, fifteen miles north +of Rome. The inn and posthouse where Pompilia and Caponsacchi were +overtaken by Guido thus became one of the most important scenes in the +tragedy. + +43. _Torture of the Vigil._ Guido and his companions were tortured +thus, to get fuller testimony from them. This torture consisted +originally in merely keeping the victim awake until he told his crime. +Later on his confession was accelerated by auxiliary devices for +intensifying the suffering of the subject. + +44. Browning has taken the peroration used in the first lawyer's +monologue, _R. B._ VIII. 1637-1736, directly from the peroration of +Arcangeli in Pamphlet 8, p. 130. + +45. The description of the execution as given in _R. B._ XII. 113 _et +seq._, is taken from the additional Italian pamphlet, pp. 265-6. + +46. In like manner _R. B._ VIII. 587-683, is closely drawn from the +_Book_, pp. 153-4, with an interpolation in lines 640-57 from page +226. More than fifty of such word to word borrowings from the _Book_ +are made in this monologue. + + +MINUTE OF THE DEFINITE ORDER OF EVENTS IN THE CASE + + July 17, 1680. Pompilia born. (Note 27). + + December (?) 1693. Pompilia married to Guido Franceschini. + + December 1693. The Comparini accompany the bride to Arezzo. + + Four months residence together in Arezzo. + + Domestic broils in Arezzo, January and February, 1694. + + March 1694. The Comparini return to Rome. + + April or May 1694. Violante reveals base parentage of Pompilia. + + June 14, 1694. Pompilia's letter to Abate Paolo. (Note 16). + + June 24, 1694. Affidavit of Angelica. (Note 13). + + Summer of 1694. Pietro Comparini prosecutes suit to recover + dowry. + + August 2, 1694. Letter of the Governor to Abate Paolo. + + September 15, 1694. Letter of the Bishop of Arezzo to Abate + Paolo. + + March 1697. Pompilia seeks aid of Confessor Romano. + + April, 1697. Seeks aid of Guillichini, Conti, and Caponsacchi. + + April 29 (1 a.m.). Pompilia flees. + + April 30 (in the evening). Fugitives arrive at Castelnuovo. + + May 1 (early in the morning). Guido overtakes fugitives and has + them arrested. + + May 3. Pompilia writes from the prison of Castelnuovo. + + May 13. Pompilia makes her deposition. (Note 19). + + May 21. Pompilia is further cross-examined. + + June 17, 1697. Certain persons in Arezzo make affidavit in + Pompilia's behalf. (Note 14). + + Summer of 1697. The Process of Flight. (Note 18). + + September 24, 1697. Caponsacchi sentenced to relegation. (Note + 22). + + October 12. Pompilia permitted to return home under bond. (Note + 25). + + Fall of 1697. Pompilia institutes suit for divorce. + + Fall of 1697. The Franceschini push a criminal suit against + Pompilia in the criminal courts of Arezzo. (Note 3). + + Fall of 1697. Abate Paolo loses his secretaryship of the Order + of St. John. + + December 18, 1697. Pompilia gives birth to a son. + + December 24, 1697. Guido and his cut-throats arrive in Rome. + + January 2, 1698. Guido murders his wife and the Comparini. + + January 3. Guido and his associates arrested and imprisoned. + + January 6. Pompilia dies. + + January 19. Fra Celestino makes affidavit. (Note 17). + + January 1698. The murder trial begins. + + January 1698. Conti dies in Arezzo. + + January 1698. Sta. Maria Maddalena delle Convertite institutes + suit to gain Pompilia's estate. (Note 10). + + End of January. The torture of the Vigil. (Note 43). + + February 1698. The second stage of the murder trial. + + February 9. Certificate of the baptismal record of Pompilia + obtained. (Note 27). + + February 15. Certificate of the Tuscan criminal prosecution of + Pompilia obtained. (Note 3). + + February 18. Guido declared guilty, but a stay of sentence + granted. + + February 21. Execution set for following day. The Pope overrules + delay. + + February 22, 1698. The murderers are executed. + + Spring of 1698. The Franceschini bring suit to recover + Pompilia's property. + + May 17. The criminal court decides in favour of Pompilia's + executor. + + September 1-9, 1698. Final decree of court, utterly clearing + Pompilia's reputation. + +Browning uses all the above chronology with scrupulous accuracy, save +when, for good artistic reasons, he changes the flight from April 29 +to the 23rd, St. George's day. + + +MINUTE OF THE PERSONAL NAMES FOUND IN THE BOOK AND PAMPHLET AND USED +BY BROWNING IN HIS POEM + + Franceschini, Signor Guido. (Note 36). + + Franceschini, Abate Paolo. (Note 37). + + Franceschini, Canon Girolamo, _b._ August 5, 1654, brother of + Guido. + + Franceschini, Donna Beatrice, 1631-1701, mother of Guido. + + Franceschini, Count Tommaso, father of Guido. + + Comparini, Signor Pietro, father of Pompilia. + + Comparini, Violante, mother of Pompilia. + + Comparini, Pompilia. (Note 33). + + Canon Conti. (Note 35). + + Canon Giuseppe Caponsacchi. (Note 34). + + Signor Guillichini, helper in the flight. + + Borsi, the driver. + + Signor Marzi-Medici, Governor of Arezzo. + + Bishop of Arezzo, Giovanni Matteo Marchetti, 1691-1704. + + The Confessor Romano. + + Maria Margherita Contenti, servant in the Franceschini home. + + Monna Baldi (Albergotti). + + Cardinal Panciatichi } + Cardinal Acciajuoli } Guido's confessors on the eve of execution. + + Signor Tighetti, trustee of Pompilia's estate. + + The babe, Gaetano. + + Fra Celestino, confessor of the dying Pompilia. + + Signor Giacinto Arcangeli. (Note 5). + + Signor Bottini. (Note 7). + + Signor Spreti. (Note 6). + + Signor Cencini, a Florentine lawyer interested in the murder + trials. + + Alessandro Baldeschi } + Domenico Gambassini } The assassins. + Francesco Pasquini } + Biagio Agostinelli } + + Curate Ottoboni, Curate at San Lorenzo, in Lucina. + + Judge Tommati, Auditor Curiae. + + Judge Molines, of the Ruota. + + Marco Antonio Venturini, Vice-Governor, presiding in the murder + case. + + + + + +End of the Project Gutenberg EBook of The Old Yellow Book, by Anonymous + +*** END OF THIS PROJECT GUTENBERG EBOOK THE OLD YELLOW BOOK *** + +***** This file should be named 38238-8.txt or 38238-8.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/3/8/2/3/38238/ + +Produced by Jonathan Ingram, Melissa McDaniel and the +Online Distributed Proofreading Team at http://www.pgdp.net + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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