CORNELL UNIVERSITY LIBRARY The Institute ^"^ nilMllllluSiSSifi''' ^""""^ °* Browning'! 3 1924 013 443 266 DATE DUE IK^^^ ^imrT^ — :■- — ■ Italic '* ^MRa 4 4Ub-id« T^^^**' " - - GAYLOBO PfllNTEO INU.S.*. Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924013443266 THE OLD ^tEliUOW BQOK SOURCE OF BROWNING'S THE RING AND THE BOOK IN COMPLETE PHOTO-REPRODUCTION WITH TRANSLATION, ESSAY, AND NOTES BY Charles W. Hodell !i<£,«aaai."3z PUBLISHED BY THE Carnegie Institution of Washington July, 1908 THE OLD YELLOW BOOK SOURCE OF BROWNING'S THE RING AND THE BOOK IN COMPLETE PHOTO-REPRODUCTION WITH TRANSLATION, ESSAY, AND NOTES BY Charles W. Hodell PUBLISHED BY THE Carnegie Institution of Washington July, igo8 (^'f PR CARNEGIE INSTITUTION OF WASHINGTON Publication No. 89 sj-*^ ^^e &eti (^afttmere (preee BALTIMOXE, MD., u. B. A. GENERAL PREFACE. The present volume has grown from an interest in The Ring and the Book, originating years ago in the instruction of Professor Hiram Corson. Under his direction I undertook a more intensive study of the spiritual significance of the poem, and embodied the result in my thesis for the doctorate, printed in 1894. The throbbing reality of the Franceschini tragedy in the poem raised persistent questioning. How far was it historical fact, how far the imagination of the poet ? What were the contents of the book, so vividly described by the poet? Fleeting glimpses of the volume in two subsequent visits to England only served to strengthen my purpose to know Browning's Book in detail. Later on, by the courtesy of Balliol College, I was accorded the privilege of free access to the poet's treasure-trove. The significance of the mastery of Robert Browning and the vital humanity of his great work have grown upon me with each year of this study. I trust that this volume may have something of the same effect upon others, and I feel that it is an important document in any future elaboration of the theory of creative genius in literature. When it became apparent that the work, if published with due completeness, must be issued by a subsidized press, I turned to the Carnegie Institution of Washington. The generous interest of its officers has enabled me to plan and execute the work without abridgment, and I am indebted to them for unceasing courtesies and assistance in bringing the book to its present issue. As the book might be approached from various points of view, my purpose in publishing should be definitely stated. It is not to present a study of medieval criminal jurisprudence, though I have reason to believe that the book contains much to repay a student in this field ; I have accordingly left without explanation all matters of this nature. Nor is the purpose to elucidate the fact of the Franceschini murder as a matter of (3) history; for the crime, as history, is of little value, and evidence in the case is but fragmentary. Stricter search of the archives in Arezzo and Rome than Browning could make might reveal further facts, but could not forward the purpose of the present volume. Nor is the purpose linguistic — to study the crabbed Latinity and the colloquial Italian of the volume. I have therefore felt that no glossary was needed, and have omitted etymological and philological annotation. Nor is the purpose to make a literary study of The Ring and the Book. Much that is most interesting and most vital in the poem has necessarily been excluded. Still further, although this volume is a source-study it does not present a theory of sources or a study of the more general aspects of the play of creative mind upon raw material. Certain obiter dicta of this kind have found natural place in the essay, but I have felt that there was no place for a full discussion of the general theory of sources. But the present work has been designed primarily to place side by side the crude raw material of the Old Yellow Book and the completed art-product, The Ring and the Book, in illus- tration of the play of the creative mind of Robert Browning in this stupendous work of imagination — one of the most potent and masterful creative undertakings in English poetry since Shakespeare. Whatever makes clearer Browning's use of his material has had a place in the editing of the volume. All else is purely subsidiary, if not extraneous. The final out- come, it is hoped, will be to set in a truer light the mastership of Browning. The plan of the volume has grown deliberately from the material before the editor, in his endeavor to present fully this extensive poem side by side with its equally extensive source- book, and yet to keep the volume as lucid and as easily usable as possible. Of first importance is the reproduction of the Book itself, to secure the scholarly world against the possible destruction of the unique copy in the Hbrary of Balliol College. Photo- reproduction was determined upon as most accurate and most interesting, even though it displayed the numerous typo- graphical faults of the original. Certain defects due to creases (4) in the pages of the Book had to be cut in by hand; these are in no case conjectural emendations, but are corrections of a mechanical fault in the old pages. The old ink leaf-number- ings in the upper right-hand corner have been clipped in photographing and are supplanted by the more convenient page-numberings in Roman at the bottom of the page. A full translation is then included as a matter of con- venience, and its principles are more fully set forth in a separate translator's preface. After these two, follows an essay for the general reader and student, who wishes the whole study gathered together in readable form. It is the chief portion of the Book for many a reader of the poem and is therefore made the fuller in its scope. On the other hand, the writer has tried to restrict himself to his own limited aspect of the work in hand, barring himself from many an inviting line of thought concerning other phases of the masterpiece. The question of annotation was one of the most important in the volume, because of the intricacy and extensiveness of the cross-referencing from such a poem to such a book; for any given fact may be repeated a score of times in book and poem. It therefore seemed best to gather all the annotations in a corpus of topical notes and to refer thereto by superior figures. To the casual reader the annotation may at points seem trivial, but the important truth of the study often finds best illustration in a multitude of such petty details. The subdivision of a larger subject among many notes has often been necessitated by the plan of cross-referencing; and the disadvantages therein are overcome by arranging the notes in groups, so that all annotations on the same or kindred subjects will fall together as far as possible. The use of these notes has been facilitated by the line and subject indexes subjoined. In the course of so protracted a study, I must acknowledge many a helping hand. To my master. Professor Hiram Corson of the Cornell University, I owe not merely my original interest in the poem, but many years of subsequent counsel and support. The officers of Balliol College have never stinted their endeavor to assist me in making my work as complete as (s) possible. Professors Joseph S. Shefloe, Hans Froelicher, and William H. Hopkins of my own institution, Professor Eustace Shaw of Johns Hopkins University, ^nd Professor Edwin Post of DePauw University have afforded me invaluable counsel in my labor of translation. The officers of the Peabody Library of Baltimore have aided me at every point with the treasures of that institution. I must also acknowledge the personal interest and encouragement of President D. C. Oilman and Professor J. W. Bright. Charles W. Hodell. The Woman's College of Baltimore, March 20, 1908. («) TABLE OF CONTENTS Pages The Old Yellow Book i-cclxii Translation of the Old Yellow Book 1-206 Translation of the Secondary Source 207-213 Translation of the Casanatense Version of the Franceschini Murder. . 215-225 The Making of a Great Poem— an Essay on the Relationship of Book and Poem 227-291 Corpus of Topical Notes 293-338 Line-index to Notes 339-342 Subject-index 343-34S DESCRIPTION OF PLATES Portrait of Robert Browning, now hanging in Balliol Commons, Oxford. Painted by R. Barrett Browning in 1883. The Poet holds the Old Yellow Book in his hand, and is clad in his robes as honorary fellow.^'* Franceschini coat of arms." A rude water-color sent to the Poet by Barone Kirkup and pasted on the front inside cover of the Old Yellow Book. Portrait of Guido Franceschini. A pen-sketch made on a loose sheet shortly before the execution of the Murderer. Bought among a bundle of miscellaneous papers in London, and sent by the finder to the Poet.** The Death Record of Pompilia in the register of San Lorenzo in Lucina.^* (7) The Old Yellow Book. Do you see this square old yellow Book, I toss r the air, and catch again, and twirl about By the crumpled vellum covers, — pure crude fact Secreted from man's life when hearts beat hard, And brains, high-blooded, ticked two centuries since? Small-quarto size, part print part manuscript: A book in shape but, really, pure crude fact * * * Give it me back ! The thing's restorative r the touch and sight. * * * Here is it all i' the book at last, as first There it was all i' the heads and hearts of Rome * * * truth thus grasped and gained, — The book was shut and done with and laid by The unique collection of pamphlets, which Browning called the " old yellow book," now rests in Balliol College Library, Oxford. This first reproduction of it has been made by the Columbia Planograph Company of Wash- ington from photographic plates taken by the Clarendon Press, Oxford. "-^ A. vm.«| ^o^ -^ V tjttii\M- i-^oc LLty coy rioKroL, KtieTt^u)- Tturov SeXa^ «cXx^ . . . — ^ — . ^u^n^ifr^ ^2^ fy7Z//t'a€A^6^ . . ~ , — . /^. JV/^riyL^e^c^iytx — — — . [IV] ^. jlf^^Tu^eJO JP^rryiff't&acy C^o^A^^ f7V L '9^^f>v^C —i^^ J ^^^ ^f^^f^^ ^^^^ r fvj /V^^^ /t^^^= /?7^f^^ ^"^ ^^, ^'^f^^%^ ^Z n e4r/f 9iiih^/i/^ ii^f'rhpCtfd^ %t/t^i^fiT^i %l VaJ^-r UtsJl/n^ fvij Ai^M^;:/^ %:^e>7r^ /»^>^/?.e^ l^,:t/h^ C^i^ ^ll/'P rj . Jnfn°i^^' &t^ :'^C/*^^yt & Violances Coniuges eorum eflTefiliam ettafnJneaunentiDigarcaceconffitutoaflerueranCi 8c btcai tempore addu^a Areciuin Viri P4cri'ani viia cum cius Pfeudo Genitoribus cohibita fuit liberforeai viraoTduccre, quamuls praetext^ ftLrrilleacis inuifamfuiire commenca fictvt non obfcu. re depromitur ex eius depofitione i.i Proceffu fugae i argrefe- rentiUus ipPa » & Coniugibus afTueram viuendi LibercateoLui fibi denegari > inftillaruac Puellx, vc conqucrerecor coritnu Rcoerendilfiino Epifcopo iquoJ fibi fuerat propinacum Ve* neaum a Leuiro> 8e in a^ji difcedusConiagum , qui ad Vr- beai reuerfuri erant, deterrima (uafione infufliirarunc , imd ia vim obedienciae praeceperunC) vt proprtum Viracn occtde« ret tCognacumi $e focruin VenenoperdereC) & Oomum iii' cendioconflagraret , ac ex indd ( poft camen eorum difcef- fum t ne videreocur malum dedi^ Consilium ) ope AmaHj eligendimsdicacamfagaiQ verfus Vrbem adefTcdlum perdu- cecec I vt ex vaa ex eius Gpiffolis ia eodem Proceffii clard clicttur . Domuroreuerfi FalfiGem'toreSjdecIara&doFrancircam notua fuifleab cis geniram i fed coacepcam ex incerto patre per vi- li(fiinam Lotiicem , infticuerunc ludicium coram A^C* Tho- macorupernullicate conftitutionis Docis . Occrefcente in die$ chiricace Francifcae in eius Virum , 8t an- gente fe Amore ia queredam Ecclenaflicum > Res eo perdu- da cftf vtftacnta QO^et qui fooino Vir opprimebacur , vd- nim noa data opera i & medicanine excerno non procurarql fugam i Domo Viri aoa fine paecuoiarum furro » & in focie- tatc eiafdem Aaiafjj Romam pecendo aggrefTafit; maeftiOi- roo Viroiofequente oon procul ab Vrbefuitcarcerata > coo- ftru^oque loierim Proctflu , Affla/ius pro Adultcrio fuic inj Ciuitare Vetula relcgatus, & ipu in Conferuacorio depofita, fed vrgence Vcero praegnante ad Domunt Petri > & Violanti* rearcffii parcum » vtioim noa conceptual Adultcrioo coini , ealMieMttod vcrecundiam , 8e dolocem auxii in viro> & ira A diJk [ixj diu excitauadeopercreuiCivevndiqueainmifro honore apud probos viFos io ludibrium digito ofteqderetur > prxcipue i'ilj patria> vbiingenuishominibus fummopere cordi eftbona^ asxiftimatioj Quo circa Ira in furoretn > dolor in defperatio- nem ita infasltcem virum adegerunt > ve fatids ducens oiori > quam inter honeflos ignominiose viuere * obcxcaca meoto iter arripuic ad Vrbem quatuor fociis feptus » & no^e fecuo- da labentis nienfis lanuarij fpeciedaodi licteram AmaOj fie- legatiproperafleprsetendtturadilloruia Domun)) cuius la* nuapatefa(flaad nomen Relegati « iugulaffe Violanteoit & Pecrumi & confodifle Francifcam toe vulneribus> vt pod pau- cos dies obieric • Eadem defperatione durante iaDproiiiduS)& hsbes animus mo- dum fe incucum ponendi noa fuggefliciied ijfdeni Homini' bus ftipatus per viam confiilaremiccio tramite ad patrianu reuerfurus in ftragulo quiefcens in quadam Caupona ab io- fequcntibus Birruarijs cum foci/'s carceratus retnaoiit . Magnuoi quidetn facinuS) (ed maximopere commiferandunu » & excufationedigniOimumt cui farueriifims leges iadulgent> & mitifnme (e gerunc erga Maritos noram Infamix delemes fanguine adulrerarumVxorum l.S$ Adulterium cum mcafiu 5S S.ImperatfiUi jf. ad UgluL de Ad»lierJ. Marit^ t/^.ff.eod. leg, Gracchus Ce^Jfg. i. §. Fia.jf.nd leg.Cor»el.de Syear.USi qait i» graui ^. §.S< savteii Maritusff.ad Syllaa. {lar.§. Homicidi»m-t vum.^g.Qiurh. cogf.SS, Hum.9,Berli(h.pra(f^ contluf. %.^,coti' cltif,iT.num.i'^%, Ca&all, re/tl, crim. ea/.^oo, »»ii».$.Fart»atf, Quod idem fancitum fuerat in legibus Athsnieonum, & folo- nis ) hoc efi fapientifsimorum Lcgislatorum t & quod magis eft in illorudi fa^cuio Romuli leg. 15. ibi •.' Adultery conuu clam vir,^ Cognativti 'uoltot nceafito — vc revert ibi Bal- duin. Picc4rd.itt §.Item lex lulia de Aditlterffs >ium, 3. Iuftit.de fiAlicludic.-, fififaWnex'mligiius iz.Tai^uUi vt tetettAul. Gell.aoci. AH. lib. 10. caf^ii.tiraqueU.Adleg.CottHuy, 15. 0flW.15.CoMd''. iit Epittm. Decretal.lih,^.fart.i.tap.'j.%.'j. im priuc.& num.1, , Amefeaadt^poteft,iafe ipfmm cap.ii, mm.xz, in fin. 1 MattbdU' de recrim. ctntron, i \.tmni.Z, £t prsmiflb non poffe dubitari de Adulterio Vxoris, nediinu ex fuga fimnltanea cum Amafio per looguia tramjtem cooti- nuata , 'Bimin„ lue, conf, 274. tium.iu /HetiKth.tMf. 3 1 . *»«• mero Ix] merozt. Farinacc, qaafiA^S. nutu.i^. CrufJe Jadicpan, a. Ex littcris Amatorijs mutuo miTsis , quae fine naufea in Procef. fu fugae legi non poffunt Hoflien.incap.Prdierta nnni.^,vtrfJe Adminiculis , ^ ibi lo: Aadr.num/^.Amharm.num.'i.de Ttfti* hut , Varif cottf^/^tnum.S/^Jib./^. RiminAua. dt(iaeoiif.%-j/^.nU' miro 9.Varinacc.dillaquaft.ii6.r,um,ii6,Qruf.deUdic. diiiA part,Z'cap.T.Hum.f. Ex IngrefTu eiufdcm Amafij ClandeftittO in Domiint elufdeou. tempore fufpe^o/xf Prectf.fuga 107 & feq»Qrat.conf,-)0, ante Idem dep$nitt\o:Bapt,Ferrett.(o»/ 1 68 1»«»» p^&ftqq & Pum, 4. Burfatt.Conf6g.t)um^().U&t.diuerf(itcif>9 5 .»» w. 7. part,2, ExofcuJis in eadcm fngaimpidJis/tf/.ioo.iuxta illud . ^{/"J» & alloijuium , ta^usy poBofeulafaBum , & probant /J^^.(» cap.Tertioloct mm,^.verf.velipf(im $fsulM- tem extra de prtfumpuHeftien.w dillt eap.Praterea «««». $ verf, Dc Admiuiculit etiam extra de Te^it»& ibi lo: A»dr. mm.^, Aotharatt..num,l,Ant,de Butr.nam^^^ijin* verf. Alminicula^ autem. Ex condormicione in eadem Caupooee cella 49. Parif.c0»f.i6 fie ad illius defen(ioneni , quo cafu leuiores probationes exhubera- renc vt monec Mathau, de ri Crimm. d. Controu. 1 1* num. 2 j;. Quibus ptarhabicis non obftacaliquorutn opinio alfercntiunu. non cffe excufabilem Maticum a Paena ordinatia occidcntcm VxorcmAdoIfcrara ex inieruallojcxquo prsdi^a luia lo- quunturde Vxorereperra in flagitio, & ficiocontinenti pro- inde non dcbcnt extendi ad Vxori cidium ex intcruallo pa- traturo »ex quo non dcbeant relaxari hab^enac hominibus ad, dciinqucndum , 6e ad fibi lus diccndum Parinacc, que ft. 1 2 i. A 2 «««• • ir«M. It 8. Domhuf Rainat. infms atfiri Crtm» cap. t. S. 4. mr. I S 6. <^ cap- 7< in Rubr,num» 117 Namptxtcrquaoiquod Farinaetius non firmac Concloffonem fed fijonls dubiom fe piaebet ibi.-RM aptdme eftvaldc dub'tM-0 mam pro mhigti tone ?^nt Caufahaaoris-, ^ iuft us dolor tf*f JtmperCorpr^mt , multumftringlt ~ qu« verba in noftro pro* poficobene ponderat Matlhjtn. de re Crimh. Controu, 1 3. fab tium, tz. 8t iofuper concladuoc t^m Fari^aeciust quim Domi- nusRaimaldm Parnam poiTemoderari'conruIto Principe* Adueni butnillcer fupplico. quod praedi^lalMra* qua? videotor tcquiieRepericionein in fragaoti, vcaiiqui opinaii funci id non itacuuut ad escufandum Maritum mocum ad occidcodom ex repetioo Irs impetu«& inconfulto illjus caloreifed ne qua- librt fufpicione Adulcerii pler&nique vana^ ad occidenduntu* irruant Vxores farpe innocences. proinde deprarhenfio in Cri- mine alegibus rcquifita noqrefercuri nee inteiligiturderepe- titioneiaai^u Turpitudinis. fed refertur ad probationeous Adolceritiiieieuibus fufpicionibus Vxor,tradacur vitimo fup- pHcio) vbi tamea non eft dubicabile Adulterium , ad euitaa- dam maximam P^nam nullum difcrioien reperitur inter occi- denremincoatinenti& ex \t\ttx\Xi\\OiVtia puuQaDtnde tie gra. video. Cenfatt. 97. «»i». 17. Q^ueties e/>it» Vxorfitde Adulterie conm6la » velfit Adulter* ma- liifefla ifemper dicittir in Crimine diprthe»fa QUt. in tap, ex liuerarum /^.de et tjui dux.in Matfim^qua pelLper Adult. iu verb drprahenfam ihi -IdeS cenui^am fila enim deprttbeiijio nonfnffi" eerft ad hoc » vtfepararetur , licet fiffifiat ad infamiam - Glcf. in L i./ub verba deprthemjm C. vhi Senat. velClarif. Bartol, in Li.num.i.Cde Petit. B»n.fablat.lib.io, leJeVlat.ittR*' brie. Ceod.nnm. 1, Caball. Re/el.Crimd. Caf ;oo. num. 26. Bertazz.ol, CeiifiUCrim. 43. num. 10. Mattbeu. de Re Crim. d. CeatroH. ii.num.%.optime Sanfelix. decifuj. o».9i,& Jeqq.& de Vxore conui^a loquitar d. leyc'Eatuuli. Ec in rei vericate rationes addu'dla! per fei^antes coorrariam opi- nionem (unc nimis debilesi Homicidium einm ex caufa Ho- noris commiflum qiiotiefcunquc comniittacur> Temper dicitut inconcineoti commiflTumi quia honoris Ixfio femperanteccu^ Iosredet,&a<}iduis,ac IncefTancibus ftimulis pra? raendo> ad f4iireparacioQemrollicicat)&ifnpeUit Gittrb, ee»/ Se* num. >8. [xii] iS.^t 9. B»ltha^. dt AnpL \it Addit. ad Gig.zareL deeif. r 8. nam, 5. Prat. Re/htuf. Crim, 2 ;. mm. ;. infiif, San/eUx. dute^ Relaxaiio Hdbxnarum Maritii ad (ibi ius dicendum eflet folu- inodo fi adhuc vigerec lex Repudti> hoc enim cafu i)on edict permictendum Maritis ias (ibi dicerc pro repa* raciorie fui honoris > nam aliaVia fatis fibi confulrum eflec facultate fciltcet dimirceiidiySf rrpodiandi Vxoretn poflotani ft Gc vaofaai Turpitudioisi iin6 ip(an) ignominiam procnl* a fe abiiere poCTcnti Ac poftqu^m Oiuioa fauence gratia genci- lis Caecitas eliminata eft » St agnitam foic Matriroonium eflfe perpctuunt, & indiflbluibilc, iunt miferatione digniOimijqui preclufa fibi omni alia via > honor! fuo litando Cruore AduU cerarum Vxorufln maculas deterguot Petr, End. Ser, iudicatm lib, 8. //'/. I* de AdMher, tap. i. vbt poftquam de huiofmodi re differuit iuxia normam Juris Romanoruos in fine addir ibi Spe tnim ftthlatafetundi MatrhnouHt quamdiu Aduhera fu^trfits eriti durius dxiflimamus iufiiffinmm dtlorem uifi taato temptrt txtinguuUaque tjui Diuortignonterminatur termiitatur Homici diefitiipquit AagufiUus ) qntdacn licet, vtliceatt hoc effvti ^teraducatar j altera octiditur- Fateor efle laudabile refrenare Maritoriz Audaciami ne in pro- pria O ufa ius (ibi dicanc » quia peflunt decipi > fed laudabi* lifts prcfeAo eflet cohibere falacitatem Vxoribosifi enim mo* deild fe gerereot > & honefle viuerent > non vtiaue Viros im- pellerencadhuiufmodiferedixcria) neceflaria racioora » ac-^ que negare poflusius ex ignominia Adulterto illata non extf- perari 1 Vefancs reddi 1 & iufti'Hmum doiorcm in corde exci- cari } qui omnem aliumiine comparationc pr«cellit> maio- rem proindecommifcrationem merecur iuxca illudSatyrici, 2xigit ifie Detarflus quam lex Vila Dolori cMceffit, Quod bene agnouit Paphtianus inU fi Adulter i»ni cum iuc^fiu %„ Imperaicres f. ad I. Ul. de adulter, ibi - Cum Jit dif/teiUimum iiifium dtlorem temperare l.GractbutCod, eod,Ex quibus Do- Aoresinfervnc iuftumdoloremkcnirepafoam etiaminprje- fneditatis facinvribus > quia iuAus dolor non faciie refedit , nee tradlu temporis vires ammittir> fed ficut Infamia afiiduo corpungit, & quo durat Infamia ipfedurac , irooaugetuc CxraJ i Affliii- ftiper Ohffu. R^^*. Neaff. lib. 3. depdVA Vxorum fa_» adulterio Rub. J^S.num. \.in fiH,^num, 2. Paccbia.eoaf, 36. num. tto Itif.i. CabalL refol crtm. d. Caf. 300. nam. 66. Ed iotendtis impcllit 3 quo magis icnpunc , vt ica dica^n , Vxo- rcs matrimonia fedant, & totius Domus honoreni coinqm- nantj Antique tempore, vigtmtlegc lulta Vxores maf halo Thalamum fxdantes vltimum fuppJicium fubibanr /• ijuam- mis la. z. Q. adieg lul. de adulter. l» tranJigereQ, detranftct, §. item lex luUa dt adulter^ Infiit. de public, iudit. Prout sa- citum fuerat inSacrisLitteriS; Vxores eilim adultery lapi- dibus obruebantor Genef. cap.^B. hemt. cap»io. Vfr/,io,Deu- tberoKomi: cap. 23. verf.t 1. Eaeuhiet. eapti6. Solatium ex publica vindidta fomptum fedabac dolorem > infa- iniam delebit , & primsuzlibcrtati Coniux reOirutus > noua fedhonefia indu(5la Vxore, inderore Hliosfurcipiebat; Ac modo, mala noftra trnipeftire;obdeplorabiiera fcelerisfre- quentiarovbique locorum obfoleto Sacrarum Legum ngore, ctim agatur mitiflime contra Vxores curpiter viuenres tinfs. liciflimaeffet Maritorum conditio,(iaur Tiuendumeflfecpcr- pctu6 rum infamia, aut iiliusabolitio, morre Vsori« media- te , expianda edet vhimo Cnpplicio, vtbene cotifiderat /f/«f • th*u.dt re Crim. d. contrem. 12. num, 27. Qoocirci vbi queritur, «^c Marirus toraiiCCrttnpunis euadaC)tOc rcquiricur , quod Vxor occidatur in a^u turpicudinis rcperta at vbi quxflio (xx-, an Maritus Vxoricidacaufa honoris impul- fiis mttius puniatur. nihil intereft) an incootinentii vc) c« in* teruaiJo coniugem occidat, Matthdu. de Re Crim.d. controu, \x.num 1 6* Nee talis Sententia caret fondamento in ipfo ture CiuNiRo- manorum , Martianut enim in I. Diuus Adrianusff.adLVom- pe. de Parrieid. afTerit Patrcm , qui Filium in venatione neca- cauerat exquo nouercam poUuerac adulrerio , fui^e depor- tatum , nee ramen ilium reperiac in ipfo flagit/o * kditu venatione « hoced inreruenientibusadlibusamicicist diffi- mulata iniuria proindd fuirpunitus, fed extra ordtnemtquia non lure Patris , fed pot'iijs more Latronis filiuin interfecic j vndd dcfumcrc pofTumus non fuifle punibilem occifionem-i, fed occifionis modumiqucmadmodum deducttnusfjirfi4rf0/i ibi , e^ Cuiac. itiff tit, 40. mm. 5. i» Adiit. litt.E. optimd D*' ciaa. traifat. Crtmitr. lib. $. tap. 8. n»m» 1 1. BertazbdconfiUt [xiv] 3^6,tiiim. 1 8. Vart/tac.eonf.66.mm.^. t>»Hildu.cenfult. ^j, num% 5. Praftcrca eft coufideratione digniflUmum , quod pro totela fui corporis impune lic^£ Aduerfarium occidcrc, fed incontine- ti> & in ipfo a£iu aggrcfHonis ■, non autem ex I'nteruaiJo, quia per Of cifioncm Occiforis non rcparatur vita illiu$,qui ab ipfo occifus eft , proinde quidqoid port primum homicidiom fc- quitorj tendit advindiflam Icgtbus cxoram,&odioram,qu»a quoquo modo lafdirur luriTdidiioIudici, aufcrcndofaculta- tcm puplice vindicandi homicidium , fed fi per mortem ho- micide pofTet in vitam reuocari occifos ab co. non puro e^ dubitabilc ,quin licerctcuiJibctdi^umincerfeaorcm inrcr. ficere, quia non effct vltio , Ted mcra defcnfio tendens ad re- cuperaiionem Vits ademptsp ; At vbi fumus inofprnfione, & iniorianon taogetf Perfonam Iniuriati* ficuti permiffum eft furtum paftb occiderc furem prorecuperandisbooi)abIariS) etiaro ex interuallo } queries praclufa fit omnis alia via il]«_t reciiperandiP qui nulloalio modo re- parari poreft , vt ratiocinatur Donden. d. eaafnlt.gy. itum. 1 ;. fjr »*•' ^ idem fentit Sanfalicd.d^if.^^j. num. nj.ad^^g. Vltra quod , vc dhi, quando agitur dc defenfjone vitae . agirur de adu inftantaneo > ideoque (ra ex ea concepta debet aii« quando reHdere, iuxta monitum D» Paali ad Ephe/^. ibi- Sol non cccidat fuper iracutidiam vejlram - Sed quando fumus ioj offenfione honorem lasdcnte « h^cnon eft momentanea ) fed liabet tti&utn fucceflliuuffltimd lapfu temporis co maior eua- dit] quo plus vilipenditur iniuriatustideo quotiefcumquefe- quatur homicidium , Temper dicitur immediate coromiftiimi Sa»felie, d. deei/. 537. num. 5 o. vltra alios citatos. Proinde his> Sealiis rationibusfrorti eommuniori aflentientium Calculo Dolores firraaruo(> Maritum occidencem Vxorem Adulteram ex intetualJo,<& nonrcpertam iu a^ibus venereis puniri quidem > fed mitiiis . & extra ordincm * Ban. in I, D/- uusff. ad /. fomf, de Parritid. Bald, ce»f.$t 2. numjjMbrr^. Alex, (onf. 1 40. nam. 9. lib, 2. AffUB» in Q^^it.^^(^Si Mar't- tks nam, i. Ru(>,^6» lib. 5. Tufcb.frj^, (ouclafMtt.A. conduf. A 4 l4i- 145* f'fii' 3 1* Ruim,t9nf. i»Mttm» 7. hh. 3. Hon Jed. (•»/, 104. «»^. jo. vtf/. !• Btftazzot* coafl Crim. 4 2. />tfr /^/. J«; F/aar. de If opt, 98. «*»». %,^ feq.Hh.i. Marta vot. Pif. 2o6,per tpm t»mGi»*i't»»/.$6,itiim. ig.t^iU Viu. dto/i/^t. »»m. ib.cr %7* Gratlt quia Itcite potuic vet opera comitum>v( cutiiis poruifler mor- te vxorisfuo )\onancott(\3\ttcCaftreti.t»ttf,%'j'j,Uh,%.S9ecin, Jun*(oaf.ii^.num. i x.lih.i.Vi)r\f.comf, 1 54.»««r.7*(^8>v«»/ij^«/* nimoi c^ «r»i9f. 1 6.Ub.^.Cxp»l\.eo»rtrtm.i^'fiib.mmm,\^'XlL per itt- nutneros dabalLd.caf'.'i^o.num.^^, Neque delictum in aUiorem fpecie eochfiur ex qoo focips con- duxit pada mcrcedet quiik licite poceft maritus > quod magit efl) fie Hnc comparatione admirabilius alijs demandare bomi- cidium vxoiis adulrerae mediante pxconia )Vt inconcufl'e Hr- iDarunt Bxld.tn l.Gracehut Mtm»'i, (j.ad l.M,d* Admlter.Afflifi, i»c»Hftit.Rtgnilib.\.Rubr.Z, de Culm ?atif*tinm. it MazcoU (ttti/.^j.aum.iS. Carer, Prall,crim. $Mrea,itaque nHm.^.fub verf.aditt^^tr hpfiis Meff.tamen Baldus foUttiki 192. ^ $.«- cufatur nam. i ^.ver/^in tantafeljnibi 1 96. Alex, Rdudeti, vaf, refolat.etip.7.»tim.S.verf.f^ mediamte affkfJiaioyPafchalJe Patr, PtttJIM.i.cap.^.num.2j.verfqH$ dieitbaac vfadiffamtVii, dtcif' igj, num.z & Adulcerum occiderc repertos io caupo- na Caftrj nouij fed potths voluerit eos carcerari qucrcos pu- niri iiirc medio, & nondefadlo. Quoniam negamus pocuiflTe taco ycrumqiintecliceref quia ecai ro[us,nec poterac fine vice difertmineeos aggredi,quia Amafiiit eft viribus pol|ens>ouo- 3uaat timidus , & nimi$ ad rerinendiiin prompcus , dum ex idovoitts ceftis in ProccfTufugx vocatur-> SeapezzaeeUa .* nee cAcredibilci nifi fuifretanimofasy&iQcerritiuaggreflrua efletarngrandefacinus* aufumfuideparcicipern cfletugje, & fociare elaribus viri profugacn vxoreoi j Ec apertiiis defa- mitur ab vna ex eius epiftolis i in qaa horeando Francifcaoni vein Lagenisrommferum meditamen aduiifcercc ad oppri- tnendum fomno virum, & donie(ticoSirubiungic > quodqua* cenos prxfenH^ent ^aperiret quidem lanuam « nam, vel mor. tern cum ipfa fubicurus edei, velabeorum manibus eaanu cripuiffet) quae indicanr audacsao J & fortitudinem : Etlic^c vxor eflec faemina , hoc eft imbeliis « & timida, niiiilomi'nus Fcancifca nimis Procax t Sc audax fiuc ob odium erga mari- tum t Gat ob iram concepcam ex carceratione Amafij Gla- diuoi ftrinxic contra virum corSmBirruarjs earn carceracuris» & ne vlteriiisprogredereturtnccefefuit) vc ab eius tnantbus ab adftante eucllecccur , vnde noa potuit ance car priaiun)>quo potuic vltus eft y promd^ habeturac li in fraganti , & incon- cinenci cam inteifeciffet, SanfglicMCia dectf.i^y.n»m,%Z^ in fin.'i9.& tfo.vbi quarouis-maritus pptuiffet earn incontinenci occidere» & non interfccit, fed diffimulando quam citiiis po- tuic ab ignomioia nece vxoris fe eiemit i d^* aum^gomcircafi- memy GimrbJ.ct11f.H6.1utm.19. & si* vbi quia noa agitur de iniuria perfonalii fed reali, vt 'fupradi(ftun) eft . Cnrauic eius captucam, & infteciti vCpuniretur, neadulceria^ , & Flagitia concinuareC} & impotens ad aiiud peragenduo^ > quod conf ufio mentis > rabies inualida t & verecundia fuafit inconfultd peregir> non vc fibi ius adimeret proprijs manibus rccupeiatc honorcm acnmifTuoij Querelauit quideoi^fed quia oc* occidere non (lotoiti nee es Ilfius carcerati'one t & punielone faiffct detcrfa jgoominia , & aboiita infamia > imo cum poft ilijus carcerationem magis arceretur k cxtu nobilium,femper acerbior reddebatur ioiuriaj & fcruentius ftimulabar ad re- parandam ruam cxiftiniationero , prascipueaugebatur animi mxror praefentiendo fuiflTe regrefl'aiii in DomumPetri)& Vio« hntistquideclaraucrant non efTe eorumfiliam^red iohoneflae mulieris, vnde augebatur ioiuria permancndo in domo fuf- pe(^a>vc paulo infra dtcecur, & proinde eadem caufa militat ta pod egreff UR)) e Monafterio i quam ante carcerationem , & ioftancias fadas per Domioum Guidonem . Parum etiam refert. quod Francifca permaneree in domo Vio* lantis de confenfa fracris di^i DominiGuidonis affignara pro tuto carcerc; Nam quicquid (it an de confenfu ip^us Domi- ni GuidoniseduAaeflet a Monafterio jk deque nullum ver- buin habemus in ProccfTu) potuit id dilfimnlare i vt adiruno habere potuiflet adeamoccidendam> vt honor^eiusreince* graretur> nee hurufmodi dilHinulacio deliftum auxiffec, prx- cipuead paenamordinariamtcum certum ut abfqucilliusin- cuffu poiTe vxorem adulterlopollutam necari j quamuis mo. do maior fflodo minor p«na ingcratur,quo maior> vel minor proditio inrercefferit, vt in Senatu Matrirenfl praucari teftatur MstihduJe re crim.d.cootrtu itMum zp-dr* jo. Nee maeretur conHderari citcumftantia loci daci pro Carcere . quafi quod liefa fuerir Principis Cuflodia> quia, praeterquani quod non dicitur e^e in Cuftodia>qui detinetur in aiiquo lo< CO cum fidciuflfionede non egrediendo AngtLin Uqui m Car- ceremff.de eo qutd meutauf. Ciipyt.deeif.j'i /^.num. 4. Fartaacc. quxft.^o.uum, sS^&efi text. BOnobfcvtas in I. /itceurritur ta finff^tx quib,CaafM&iorM'\h\ - CuRodiam auttm folum puhUcam acdfii tabeeputat- & ibi gleffin verb. Vutat. ObicAum fundjt^s corruics quia circumftantia huiufmodi loci cri men non exafperati quotids committaeur a Prouocato > & ad propulfacionemlniurix, vt in fortioribus terminis de de- W&o commiflo intra Cafccres Mar,MHt,decif.i6. Rice deaf. ii^'i.part.3.Merlio,PigitatPtlU9Mreu,farefif.6t^»66. mm* »8. ^ Z9»Cent»r, prima . Demum ob Homicidia Petri,& Violantis ex fupra dedu<5lis au- geri Poenam noo poffe crediaius> quia eaden caufa Honoris, qux [XVIIl] quae impuIitDoniioumGujdoneni.coegif cti^m perdere di- Ctosconittges. Parcaeu interim Dcfonaorum Ciocre^i R ca , qoas fopra r«uli,&qu» diAacas fum, f ideaotar tur bare eo- rum Pacem, quia noti OdiJ foaies , oec Ir« impiiirus , quo- ram caofas proc&I habeo, foggeflTerunt, fed DthaRonis oe- cclfitasnon vnocituIoafTamptaecompclIii omnc» quod ad fiocm esoptatum conducir, ja nediuai ptoferrc , Dixi, &, vcpuco, noQ iraoiericQ Oomioum rnqurfitum profilyf- fe ad vtriufque Incernicionem motom fimplicitdr iniurix* dc diread lafdcntc fuam aeaiftimattonem ; Poft enioi paucos mcnfcs adic Matrimonii contraili cum Francifca , quam effe eorum Filiam profefli faerant, non crubuerunt declarare noa eflTetalem; Fiinceftmeuitablle Dilemma; Aixt veti,8e reali* ccrfucratabipfisgcoita,&cogcnurfateri, ncgando poft. inodum Filiationcm, imprcffiffcmaximamlniuriam Honori* & cxiftitnationi DomiaiInquifi(i,& eljcitur magnum odium, & Liuor in ei$ contra eumdcm, qucro » vt Ignominia afficc- rent, velutidefponfafrct Filiam vWilTimx > & inhoneftie Mu- lieriS) non curarunt de honeftare propriam Filiam; Hoc vnum cR, quicumque a^nofcit Domioum Guidonem > apprjeben- det Macrimonio f'e copulalTc cum Puella oe dum difparis > fed etiim infimartSe inhooeftas con4icionis> quod fummoper^ Icdit jexiftimatiooero totius domut* Aut in veritate Francifca procreat a foit ab inc(;rto Patre » & in Jucem sdita per inhoneftam Lotricem , & non poteric negari nonfuidemaioriiniuriaaffcdium laurentenotiim infamjx , tiicn refpeftu Nataliun)) tiim quia folentFilije non diffimiles ^5'& gt*^^'t36 num»99.Bofr.ia Pra£i.tit.de Plur. vtolent. ««. 62.ittjSn. Et eft textMca^.figens Anglorunt 'iSJift. ibi detail c»mmixttotte nuretrieumi ^fiimatidam c/l> degeuerei Pfipuhs -, dr Jgaohiles,^ furemes lihidiae • Et vtinam expericntia nos aoa docuiHet I Crcdidit Infslix vir nubcreFilia? Petri ,& Violantis eslegiti- roo Matritnonio narsf & nihilominiis opera)& fallacia did:o« rum coniugum nupfit Puellx dcplorat* condiriopi$,conce- ptae ex inbonefta Matrc fornicario coitii; Hincdciumi tas cft> cuius qualitatis cffent coniuges prapdifti » qui , vt fraudarcnt legicimd vocacos ad Fideicoromifium partum vilifsiniunu fuppo* [xix] fuppofuerunt « tmoiemores Reot fadlos eflfe vltinoi rapplicii h. primal Cad teg,CoraeUe fitlf Mafj!ta».LJl multere/a itom.jm I x,i9fi»*de Oim,faif.B»Jfin praiJ. tit.de Paitu fippefite num. I . B«tr. detifix* Kum.i.in pii.AffliB, deitft 404.XM1W. x jMfig, verf. Item i» to Pegutr, dicifZo, num 8. Hon eric igitur difficile creditn qu; Francifca in Epi((oU fop- pofuit fuo Leairo I quod prcdt^i coniuges, &fi ipfabeno tra^aretur inftabane quotidi2,vc viraaiaCogoatum)8t fuocruia veneno perderet , & incendio Domum confuoierct) que licit pefsima finr* adhuc pelus coafilium* eciatn in vim obedientig dederuoci vt fcilic^r poO «ojuin difcefruiB ab Aretio capta- ret AmafiumiipfoqueCoincea Oomotriri diuercendo> fe coofcrret ad Vcbem, proucveiuci obcdiendisiffla Filia nimii quif p^ prompta paruic mandatis . Quis igitur negabic > nooL* efTe tribaendiim huiufmodi Aufum temcrarium) ex quo no- corium fa ad quxpropenfa erac io> fiindu originario 9 & excropio Matris . Ad quid autem tarn anxi^ dcfiderarent Coniiiges regrefTunu Franc iicjf ad corum Domominon eil meum diuinarcjooa ta- menpofTum mihi perfuadere » quod mouerentur ex mera^ Charitate, vt fcilicec fe eripeteta ma lis traAanientis , duou fatetur Francifca in didta Epiftola ducere vitam tranquil iam> virum > & Domefticos cum ea optime agcrc > & ea, qus Rc- uercodifsimo Epifcopo fuppofuitfuiiTefalsd commentataj di^is coniugibus. ScioinAiperj quod ii virnotum habens Adulceriufli Vxoris,eam(]ue Domi recineatj nocam> & Poe- nam Lxnocinij cuitare non poteft L. 2. $. Lenociuij., I. Mariti Ltnoeiniumff.adle^Aul.de Adutter.l.t, Cod, eod. MdHceh, dtj Ariitrar.ca/'S 34'*tum.2^.^arinacc.qutfi.i4^.ituni'9^,& 98.Si ergo I vtdidi coniuges exngerabant > Fraocifca noo erac co> lum Filia 1 cur earn po/ldercdum maoife/le Adblterium in domum tencrifslm^ reccperunt) &> vt ita d'cam, in Gab con- fouerunc nedum vfquead xdicioncm PartuSifed eciam vCquc ad mortem? £t vtinamibinonperdiirafTenc Amorcs cunu Relegatol diim ad /implcit nomen illiusj percepco a pulfan- ceJ«ouam}quodreddJturus erac Epjftolam didiiRelegaci> ftatim [XX] ftatim patefafts fdit Unua* UAusfoit adtcuf Mtrito ad re*> cuperandum Honoreoii nam fidifti Coniuges mate fenGHknt Adulcerium Francifcx^horrui^eacquidem 5ne dubtonomen Adultcri* & omnem aftfUxilTcnc viam mucus correrponden- tixi Ex quibos eaidentirsimd paret > continuane caufanu* Honoris laefi in Domino Inquifito > irod nouas aaCas cmer- fiflfe eiufdeo^fpeciei, quia omnes cendebant ad decurpandam eius arxi^imacioneoi . Ncc quicqoam facte » quod plures Caufas odi'j recenfeat Domi- nus InquiOtus tarn contra Francircam.qulm contra Coniu- geS} quiafi bene perpendantur t omncs coincidunc , 8c redi- guntiir ad originale m Caufamt nempd Honoris I;lii,Vtcutn- que fir> qoandd-Caufae Tunc inter Ce compattbiles , adhuc vr- gcntiori t & pinguiori adtus fequtus tribuendus cfTct Btheor. san.mem.Alex.VilL Jec»i6B'»iiv,^,8t in pun^o i quod con- currentibuspItiribuscaufisiHomicidium referarttr>& cribua- tur caufae Honoriti & non alij$ MMtlutihie re trim, d. controu, Quam obrem puto>quemlibetCordatuiii Homineoi debere fa- ter i iuftiffitnam caufam habuiffeoccidendipraidiAos Coniu- ges ) & iuftirTiroum dolorero fuife escicacum > acqae in dies auAom hufmana coofideratione , quod non nupffflet iUi * nifi «ieceptus fuifTec Jl Vaferrimis Coniagibus; Et prxdi^is addi- cur» quod auc Partus aeditvs fuerac conceptus ex Aduicero* vt D.Inquifitus credere potcrar, nefciens in foga VxorenoLj cfle prxgnanteiD} ScnonpoflTumusaegaret ex parcuprardi^o non ruiflenouamcaufam escicatamsHuc Priorcm rcnouacam; Aut genitus fuerat a legitlmo Parre* & quis negabii, ab illiuf occultacione irafci denud nondebuilTe ammiffione Filij ^ Ex vtraque caufa n»aximus dolor conceptus> cut eft vis maxima* cxcofationcm m«retar, adeout qiiainplurima Delia a atrocia judi doloris iinpulfu perpetrara i quauis poena iropuoita re- manferint) vt notant Atex.a^ Alex,i» Summ.4.par.q,B6.membr, 3. art. I. , TiraqttelL de Van, ttm^rAn.CMf.i.n»m.i6.in fin. Quod etiaminnuic text.in d.l.GracchusC.ad I. lal. de Adulter, ibi - Tamim quia nox-i&doUrluftutfaSlum eiut relettant.peujt in exiliMm dart - HarpreliJn %Jtem lex Ctrnel.de Sycar.n. a 1 2 . Ji>ftltM?ubl.ludic.Abbasioeap.oUm num.SJe Re/mpt.Angel. inlfiAdtthtfittmSAmperatores uu.z.f.adleg.l»l.de Adulter.; JlimiftJu»,c«tif,t36'M a»-6'inter (»»/.Qrm diuer/ltom.prme, [MI] ;o.iGiurb.canf.S6 «« Syerf. Et vbi iufia dolon Prat. Rtfp9nf. Smoafeinelincontingcntta fa(Sieuarcrnnc Impuncs qui tufto dolorc iDoti appofucmnt manus etwai in Inooceates ; Muiier cnim quaErdamSoiirnea Viruni) & Filium cxeoconccptum interfecerac ex quo Vir perdiderat filium (uum primi matri- monii) accufati deinde apud DolabelUtn Proconfulcm j oe- que duabuscsedibuscoataniinacam liberare,nequeinfto Ho- lorciinpuifam condeoinare voluit^fcdremidc ad Areopagutn SapienciffimorumludlcuFnCstumt vbijcognicodc CauHL , refponfum fuit, vt ipfa , & Accufator poft centum Annos re- ditenc>& He duplici Parricidio Rcai quamuis eciam Innocca- tem occsdifTec > vndequaque euafit Itnpunis i vc refcrt Valet, /Uax.DifIor.f4£icr.memerab.lib.B.cap.l. de Pu&lie. ludic. verf. Eadtm bafitAtione^TiriiqueUJe Paitjemperiia.d.Cauf.i.nu. 1 7. Circa med- Mtr.ectb. da A''iitrar.ca/.i<)6.aum.6o. Cyriaccomr, xo^.>tum-j9.Gramm,det.^.nuf»,2j. Similiter Vxor>qu£ maodauerat Honiicldiuni Viriob iufluni_> dolorem exdencgatione debiti tnatriaaonialis fuit Pscunia- xiamulda panita* & ad temporalem pertnanentiamin Mona- (lenoj V! tcQatur CyriacJ Centrou.io$,ia fin, Hxc fane procederent , quotiies Doniinus /nquifitus effet do pra:di^isconr£(niS) vei (cgitime conuiftusi quorum neutrum aifirmaripoteflimuho igitur magis admittenda Tunc > durru fatetur dediflfe dumtaxac ordinem ad incidendam faciem^ VxoriS)veI ad sfrifiandum) & H Mandatarij mandatum excef- JifTent) noo v(ique deexcefTu tcneretur Decian.tr affcrim. lib. g.eap.36 nu.6.ver/.Et Eg» vaunt defevdi, Clar.%.fia. qunfi.i^. num.'i. Mtnoib.de Arbitrar. (a-f.^^i, num.y. Fariaaec. 5'«.i3J. itum.Jf6. Soci) > & Comltes ilium irominant , & proHtentur cxdibus in- rerueniffe > fed prxierquamquod Fifcus prxtendicin quam plurimis ven'tateni occulca(Tejnon'p3titur£quicas> vc eorum Dcpoficionc fciadantur , & pro patte cantum accipiantur, cii talis cenfcatur in omnibus; Exhube- rarcc ad adimendain eis omnem Fidem, quod in Tortura coram ipfo macuiam non purgauerini^^aw.f^e ludic Jib.prima cap'i6.num.'i6.Farivacc.q.^l.itum,\ ^^.(l- feqq.Qtrmr.Pracl* la- I XXII I X6Jib.i.CabalL'RefoL{rm.Caf.t%Mtint.i i. Licuit ad defenfam iufiius Nobiiis Viri current!, vtaiuoti Cala- ino hxe deducere prx temporis aogofiia « qua; non pafia eft alia Fundamcnta cumulare > quae paruo labore , & forfan non inutiliter coaceruari poteraar, quSmuis credam exhuberan- ter facisfa^um efle obic<^ionibus>f}ua;pno parte Fifci excita- ri poflent' Quarc &c. H. de Arcangelis Pauperum Procur. [xxm] GVBERNATOR.E In CriminaUbus Romana Homicidiorum . P ^ O Domino Guidone Franclfchlno Carcerato. C O N T "^ e/f Fifcum . Memoriale Fd£ii , ^ lurti . Romse jTypis Ren. Cain.Apoft.i6p8. [xxiv] Romana Homicidiorum . lUuftrifs."" .& Rcu.-'Dne. ^^JZ bricsto in hoc eodem Tribonali, & ab ipfomec D.mco Vcn- turinoludiceprxfentis Caofaeratis , fuperque conftac dc Adolteriocommifib per Francifcam Pompiliam Vaorcm D. Guidonis Francifchini Nobilis Arctini ciim Canonico Ca- ponfacchiO)Ciim quoconfpirantibus eiufdeiDFfancifc« Pom- pili«Gcnitoribas>quanBuisIvicinvtbc degentibos , tradito priiisfomniferocidem Domino Gttidoni, totiqtrc cius Fa- miiic noftis tempore cadem aaftigic c Ciuitate Aretij Vr- beniverfus jW , vc memoracos Canonicus fucric hac dt» Caufa Rclcgaitti inCiuicatc Vctula ciim cxprcfsione fa^a in DecretodiajBCondemnationis Cogaicioms Caroalis ciuf- dcm mullcris; Cooftat cciara dc diao Adultcrlo ex aliis it^ faaodeducendhper Dorainummeom Piocaratorcm Pau- perum,ita> venuUusrcmancachaeficandi locus fapcr hoc . quiapotiJlspr«diaum Adoltedum dici pofsic ootorium hic InVfbc, inPatriadiatD.Gttidonis,&invniucrfa Hctru- Hoc ftantc tutft aflcrere polTumui.quod quamais idem D. Gui- do cffet confcffosdc necc Inflifta did« fuas Vxori, cum com- plicitatc, & Auxilio BMJy»S»ftintIIfJcC^^ OftSi^^. & Algandti Barje fci ii T i phernam ^; Tonpropcerei veairec puniendus Ptena ordmaria , fed mi. tiorifexWcripto Diui Piitclatoab Vlpiano I.Cm/.f ^^«/- Sno piritcr I.b in l.primi ^.finf. aiUut.de Sfcar.V ctobiqi enimdidtar,quod humili loco nattfic ex.hum perpceuiiai datur,nobili* verdad tempus rclcgatori Ignofcitur fiqoidem Marito tunc inftum Dolorem cxeqiieoti , vt foppet^ idee^ Cw/«?/. Sy//a«.DifficiU.mum ciim fit i »l am temper arc, vt ha- AdlegJittl.de Matter. , ^^ 4F ..A^n. Tit Ec iiaconciliando Antonomiam ^'f »« '«''*" '^S^r^^V^* bene dcclatat ihidimglopn vcrh om-em , & tn ^'^^j-f'"^ [xxv] in di{}i l.JSquisingrani. %.fiquis mtriens^verbo Ignofiitur.Jf, fl< tterf. aduertat tamen^ pagi aa mibi I iS. a tergo, Ntuizan Silu. Nuptial. Ith, p.vtrh non efi tiittendumtuam.g^.^ /eq^.Qpmez^d leg, TafirtSo,a«mer. 51, ^ttrf.xmumiamen vc fnicigatioai diSts Paei« locas efTec , ne- ceflfequfdeai aon habereinat> quod Adulterium vxorts fuif- feCf proiic tilt conctudenrir probatum: fuf&cerec entnit quod verfaremur in C^m^iic\(\x^^icionegloJl2inl,Divus Adriamtia 0garatioi$e Cafi^fjM' qui 4Uu(n occidic> quemcum Nouerca iacere credebat> & erat forcd veru(n> deportacur ia Inrahm - ff.adleg,Pompeiam deParrieid. Inaoe i9 cap./lvetc Cuh aum^ i. verfnee laKus dubitAreft^ •uerf.vel ipfe Uicus de hoe probabili~ ter dtAitaret defent,exeomm,Arettn.coHfil.%s, nam. ss* Gram- matie,e9af,i%jium.^,d' cov/^ig .fium.i.Farima opci- md Doode,diSa eeuful t.^jMum, 5. Nee verum eft> id^quod aiiqui OoAorcs affirmantiquod necef- fariamfitiquod Maricus vxor em deprarhendac in Adtilterio* illanque incontinenti occidart in quibus Terminis ioquiunc loqui fupra^Aas leges, fecbs aut^m fi ex IntervailO} vc per I>odorwallcgato» per Parinacc* qui iilos feqoi videcur di{la [xxvij Contraria enim opinio eft verior, communior , & in praxi tc- n^nda, vt bend cot\(\x\a\t M arfiUeitfio^ .nufa. ^ i .^feqq.vh'x pfodefenfionc cuiufdam NobiJisi qui ex Interualfo occidc- rac alionrijqui fe defponfauerac per verba dc faruro ciim cius forore, ilJamque tenuerat per eresineores > &dcinde refura- uerar, propter quod nragna fuerat irrogara Iniuria , & Fgno- minia eius familis » & tori Cognationi > addiicit fupradidias leges loquentesde Marito occidenrc VKorcm fuam Adultc- ram, Bertaz.x.ol,d't6itc0nf.i^t.f>um.%.fjt^fifq^» vfqneinfiaem,vhi ponitCafum In eo, qui vxorem Adulietam incerfecerac , & poRed ad fiii defenfionem probauerat Adulterjum ex gem i, nata eiufdem Vxoris Confeflionc ytc Claudius filiut in Addtt. teftaturdi^us OcciforemfuiflTea Praetore Niirandolae Banni- tumad tempuS) & poHea lapfisaliquibusmendbusa Domi- no Duce Mirandulx reuocatum,/*.Ff & adulteramdummodoambos in ipfo adu adulteri; >& fine vlla mora occidac , inquit,quod fi non cocurrant huifmodirequifita > Maritusexcufatur^ t3-> toinoaaucem a totoj & fie mitius puniiur s (5" num. 3. ra- tiooem redditiqiiia vbicomqae quis iuOo dolore motus com- roifit deli<^nm } parna deberaliquamulum r^mperari ,iuxta^ pr4di0um Texjum iai.ftquis iugraui §. f$ quit mortem , verf. fn&rttniff. &i Sen. Conf.SjiUnian. h alios , quos ibidem alle- gat « fequitur Carer* fralt. Qrim, S. Cabrer. demetu lib. 2. «/. 45. aum. ij. verf, qute quidetnfe/t- ttntia BxlUtt. depeteft, eor.qufifinnt incontinenticap. 20. nitnt. ^.vbi quod ita ftarutum fuit per Senatum Mediolani MAttb, dereCrim.ttntrott. 12. a num. 7. i^que ad 17. drnum. 21. vbi quod ita obferuant eunaa ferfi iribunalia Mundij^^* »«- merisfiqq. vfque infinemt & de Regimio. Keg^Valent. cap. 8. §. '9. lu/tff. 6^. vhi qoodita fuit tudlcatum p« Regium Seoatuoj, t^nutnfeqq. v/qde ad 70. vh\ fab itato.6 9. adducit pukra ver- ba Theodorici apud Cafftodor. lib, i. variar. ep'tftol. 57, ibi - §}tus mm fern hmitim ad leges traherC) qui matrimonii nifus {/f lara vitlare ? Verislmjitam tS c»puUm/uam exirtma au^ $*rtmti»He def^dere%dum tmnibus til Mtmatibus iHimiemm^quQd naturalilege daunamr ; Vidimus T»ur»sfdmtHasfuas egrtufali sonc(rtaMneiefedere,Arittespr0/uit ouibus capitaiitfr iaftutre e^uof adiumcfas^HJkmwsCfitafbis»ac mtr/Sbut vindieareti/a pro caput atis^H animas ptiumt > q»i vtreemndia mb memejttfir* Hom»autem queiMdmodum pttiatur adulteriuminultam relin- ^ere , qufd ad sternum fuum dedeeus eogmafsifur ctmmtfiffei &> idt» f$ o6laUpetitio»ismitiim^ venfate/rsudaris , (^ge»iatis Tkori maciilamdefrabettfi adoUerjf/Mguiife diUifii , xtcjub prdtextu CruifMU mtmtts > fed CMtfa p^eris luttndis *b txilUi ^uod tibi ean/tat infli^um tUprmpimus alieuwrtt tjuttuam pto cmore pudici/ia ptrrigere ferrmm maritis utm t^kges eakare , Jitd coudere - Nei$ar. in Sun$m.Bullar. par. u Ccmmeut. 72/*^ n»m. 81. verf. ex qut adnlteria, Balddixsr de AagelissM addst. adGizzArel. decijf.iZ. num, j. Caret, Antiw. dt Luc. imaddtt. ad Defranth. dectf 678. Hum. 8« adjia, verf. mwritms, vet pater Donde. d. confutt. ^7. 4 aum 10. vfque infinem vbi iu verf.^ hac med interpfetatioy > inqujc, quod ifta iotcrpretatto mani* fedc probatur authoriute d Glo/i, i» eapjex tutererum^ deea, qui duft. in matrim. quam pelhtt per adulterium > cuoi^ enim in Textu dicantur ilia verba vxorem cuamin adolceno depraehenfam Glof. #> V ^'prdhenfamt explicaC > idcft con* \x\(Xzm 3 Mart, vet. feu decif. 2 06. per warn vbi nmmu^, quod ifta opinio eft mulium iusta^xqua , & comniuaiter teat^/M«r ia dee. Sicilia 6^t. nun it. &i2. Otln Calce ponit refolttt* Magox Curie d. Regni »per quam niaricutfuic damoatii^ad triremes per feptcnniuaii idquc arceota clrcumflaotiat qnod vocari fefcrat Vxoreoi per filtuin> extra aucoia Ciuicacisabiq; illam interfecerat 1 '& eius Cadauer poflei repercum fuera(» comedi k canibos Dexar. dee\f. Sardin, ^.pertetanti vbiin£« ne tcltatu rfic fuiflc decifutn io Sacro Regio Prarcorio $ coo* demnando maricum duntaxatincxilium > Satt/dliet deeif jiy.num. li.&ij- vbi quod 4iDdcoacurrenteQuaifU tborponic (ubtttsdictamfuani decifionem t &quamuisali« qui ipforum fucrint damnati ad reaiigandum > ioquid • quod hoc [xxviiij floc proceflic ex csura ab/ciffionis geaitiUam t4itifli. mi Bammtll.d*df,%6.n. 20.^ pluritus (etjci^CaUtrs dec if ^^i n, x6.& ly.vbi quamuis ipfe in aticccedentibus.a.n.in nobis coo- trariam inclinarenc opinionem . vifo M.attb*»fupr4 per 901 4/- / prxrcrtitnnobiles leifdcm Temper eflpr«> fcRS > (emperquc corpremit , & \rrgec ad vlciicendutn ob amifsum honorcm rccuperandu, vt bend animaduer qtisfi»nt iueontiH. dt- fjo cap,to,nttm.6.Carffi.Ant.tie Ltca in addu.a4 Fmnch.JiOa. dedf,6jZ.fittm.Z.ad^/iemi'verf.marit»i-> vel Patet, SatifHicd. dieif.in*fek mtlim i» frima attegat, fi»l»»s diifam deaf, imm, 5 o. ?aaim9lLd,dec.Z6,Hum. x 1 ,& ftqq. Qoemadmodam femper I & vbicumque agitur de hbmicidio commifito ex caufa honoris non cht locum poenar ordiaarf«> fed cam arbicrio ludicis mitigandam >ctia{n , quod illud fe- quutum fucricexinecruallo,& poft mulrum cempusexfupra- di^aratioue firmanr, & decifum referunt Grammiitie,deeif,%. tS'ii,Gizzarelt»deci/'.iS.»»i»./^.vhi quod Jta iemper fuic ludi* cacum per Sacrum Consilium Neapolitanum » &quodh«c opinio Temper fuit a maioribusnoftris recepta (^ num.^ .itfi' ^•e Baldax.de Aiigel.mum.\.& fe^ FclkMKeg*Attdi€m,t9m.2.tiuxo.cap.'j.nu.^o* Suppcdc quoqtte alia ratio k Dodonbus confiderata j quia fci* licet iniuria) per quam honor Ixditur > non eft PerTonaiisiTed realisi qua; proprcrei propulTari poteft quadocumque etiam A i poft poft UpCam iongiTsimi temporiS) vttn noHris tctmiulsGiari, ti.C0fif,S6.nafo,2O.& i \.U,tra»afcJe Poni.diHt c11nf.9Z.num, 29 &/e^M&.l.repefit.fiiBt»s J.dect/SanfelK, 3i7» fubmum.Zj, 'verf.nam (um fiat^tjr n.feq, Cabrer.de met. d.lii' ^ .CJ^.4 $,verf, puHgit^ro bac/ententiat Marta d.vot,feu decif.%o6,num,io,?an nimoll.dJeeif.Z6.ni$m. tT^&piqq, Cum igitur habeainus toe Clafiicos doAores viaifsioiis rztio- nibus fircDantes homtcidiuni commifsam ecUni ex iaterual- lo in perfonam vxoris ) & alterius cuiufcuoque Perfonz ex caufa honoris non efse puniendem poena ordinaria > fed mi- tiori, & vlceri6s diiSi Dolores teftentur Gc fuifseindicatana inTribunalibuS} in quibusipfi yerfati fuerunti nil profe^6 curandoon eft de contraria opinione Farinascd, f0«/?.i 21*^ ^.c«»/r.i4i.qui^eaideDterdignorcimus ipfum loqui cootri communemi & in Tribunalibas magis receptam opiaioaefo ValenXiUeUenf. 1 59 .Kum.% 5 •6* a 6.^ot.receHtJecif^6^Mum,Z* fart.^.tom.x. Vlteriiis animaducrtendo, quod idem Author in conf.66% num,%* contrarium tencci prcfertim fe fundans in difpofitione Te%' tus inleg.Diuui Adrianusff.adleg.?omp.de Parricid vbi Parcr occidens Hlium non rrpertuoi in aftu venerco cutn noucrca » fed in venatione, 6cin Siluis>& ffc interuallo non mortisifed deportation s poena punitur»cuius Textusdifpoficionem pa- riterpro Corroboratione huius nodtx opinionis adducunc plcrique ex pr«eitatis Dodoribus, confiderando ccati^ quod idfm Author iv diSaqadfi.iit.dub'ws bxGtt vtin num. iiS.vbi facetur,quod pro hac noftra opioione multum ftrin- git (upr^ relata ratio* quod caufa hoooris , & iuftus dolor fempercorpremit > idcoque ait in contiogencia fadi feruad debere difpofitionem Tex/ns ja ieg.nMjatojf, de IweVifei vbiModeftiousIarisConfutttts ioqoirfeoon putare dclin- qDereeu0,qui indubijsquaiftionibus coocra Pifcain Faci- li refponderit ) & far'tn. fie diceoceni referc , dt fequttut itl his terininis D.R«7/r«/.^4ri« 2.fit^.2.S*4.«««*i56. Cauendum autem eftab eo, quod afseric idem FarinaecJ. tnf. i4i.i>i;S»f,qood fcilicet Aia opinio fairset> vcipfe pcrcipere potuic magis approbata a Safira Confuita,quia cam, vt ipfe- met fatetur, dabitatiotunc non fueric propoficai ipfe non po. terat diuinarequid e'uenrurum fuifset fi propofica fuifsec > flr reuera fapieacilsimi PP.difii fupremi conlefsus cum ijlius opi- [xxx] opinlone non tranfeunt , fed contrariam nobis fauorabiIcni_. feruanr J vi exrcfolutionibus , qu^emanant indies i ita^ enimferuatumfuicdicvigeGmaquinta Martjj 1671. cuei_^ Carolo Falerno qui datnnatus iu'it in cxrraordinarra pro ho- micidio patrato in perfonam Francifci Domioici j quem in- uenit egrcdjentcm ex Ecclefiai ad quam nc accedefct prae- monuerar fufpicaius,quod Vxorcmad fccrarctur,fimili mo- do cum Carolo Macarazzo fub die ij. Auguftt 1675. qui vxorem incerfecir ex ea ruAicana fufpicione, quod Pattus fupputata ratione mennum fax abfencie cflTet fofpefaus do non legiiimicace , cJimtamen ea fufpicio in fadio non ade6 veritatJ refponderet, Sc in lure fit res prorsusfallax , & hu- mane intcllcftui impeniiaad text, in 1. 1. §. 14.^. de agnofc. (jr alend. iih, & ibi feribtntei , 8{ opcimd ratiocinator Rot. in Auenioneo. detationis 3. Marty i69s> S fed cum hodie coram R.F,D. mto Caprara, Sicuci etiam in homicidioex infidijs, c6m Archibunacacom- miffo in perionam Thorns Boumi a Francifco Mattuccio de monteS. loannis perfona vilidirna ex Cdufa fimplicirer ten- lat^r pudicitia? eius fororisi de quo conftabat per duos Tefles de auditu ab ipfo occifo die 4. Septcmbris x6qi. pxnam cri- temtunn perpetuarum 1 in quam Tub die 1 2. lull; ^otccedencis dii5tus Mattucciusex indicijsvrgeotifliniiscondeninatus fue- rat modcraca ck Sac. Confulta Poaeote bo. metn. R. P. O* Barta. lure itaque merir6 idem Fariaacccx prorenTo confotatwr,& reij- citur a Mattb.de Be Crimtn, d.rtfoUii.num.xi.f^ a Dexart. d. Sc maculat » vc inqnit f cigiffe in przfeniicafu manibuspalpatumcni Dominuscnim Abbas Patjius fratcr O.Guidoni> coa^us fuir non foltinu irrbcm defcrcrcjia qua Aianma c^m faude vixerat per mulros annoSi fed tranfgrcdi Icalianiiquia nimirum.per huiufmodi adulterium fummum Dedccusconfequurus fuerac> ade6 > vc ciiin lodicialher profequcretar illius Caufam ipfi accidie , quodmouericrifutn, & cachinoos ferd in omnibus etiaoL« fenfatiSt& cordacis virissnoa tamen dicam in ipfismec ludici- bast quemadmoduin in his ctiam contingere confueait Tefie Caftr, ctnf, 177. fuh numtf j. verf, fed net ludiees lib.z. fequitur Neuizan. Sdu. nuptial, lib. 1. verb, non eH nubendmnu* fuh n»n». ad- mitteremus (profit FiTcus praetendic) quod idem D.Guido Vxorero occidiHer cum Complicitare > & auxilio prasdidlb- yu ro Blafi ; , Domioici , Pfj nci fci , & Aicxandri adhuc efte- Aumcoadonatort)a> jqaia id ei facere licuiflcC) vc commo* dius ,& cutius de 'i\h vindi^am fumerec Bald, in cap. vltim, nnm.S.circafinem • dt lurAirhCalumai^^Cafirenf.in leg,Refe{li». itis num. ^.Cod.Cemm.Prddior. I af. in leg. i:§. Vfufru^arias y num.^.verf.fecundioetabiliterlimita ff.de oper. nou. nuneitt, Cajfren/'.c0>if.tjy,num,^,lib.2, Cepoll. conf. Crimin.^. num.i^, verf.feCHndoJtmiliter , <^ »um.i^. » 0* 1 5* vbi referc id fuifle ludicatum per toeam Curiam Veronae > t^nunt. \6.&feq, vbi quod ifta eft Veritas > &ccnf.7i.niim.i u , ^ deferuit. Vrbnn, fradior eap.zj,num.i 1. 1 vbi paricer, quod itd fuic iudicacanit & quod hoc eft menti teneDdum > Rolan, eonf. 74. nunt. %, ^ fequentibai , v/que ad x 8. lib, 2. Seecin. ittn*conf.i^mm, 1 3. ^fef, vol.2. Pari/, conf. 1 54. nnm.j. vol.4. lo: trane, de Pent, conf. 9%.nttm,i t, , &feqq, lib.i. quod eft repecitum in Calcc diffa deeijionis Sanfitlic.^ S7' nam.89. , &feq. MarfiU nnguUr. il%.pertot, lo: de Arn§n.fiHgular,Z%.pariterper tet.Caffan. ad Confuet. Burg. Rnb.s.S. utitJefrentes n.4i.fag.mihi 81 y. ATr- m3uin.Syh.nuptMUib.i,ver.nonefi nubendu n.g%,Qome:i ad leg* Tauri 80. n»m.62. Caball. refol. criminal, d, ca/.^oo. num.^Z, cumfeq. & num.j^, Mart.iiot.fettde(if.xo6. num.9. Garz, de» eif.71.per tot, £c [xxxii] Et quidim ctlam quod pr«di'd}o$ homines conduxiflTet medtan- te pccunia , BaUi. ia leg.Graccbusfub num.^.AfpSl.faferfon- ftit. Ktgni lib.t, rubricZ. »um, ^o* ^ lib, 3. r»brie» 46. /10M.3. & 4. & vtrobiquc teftacur Tc ita pra(3icari vldiQct Carer, pra- ifie, erimiuaUn %.trA£t, de bomieid,^ & ^ifaffw, %.Z, excufatur Fater mum, i J./o/. 1 6g.^ d* §. 9 ttecufatur Maritus aum, 1 1. fot, 1 70.4 tergo Mart, Mfft vot.feu deeif,z 06. e$d. aum.g. cum ali)s allegatis Inftk §. Et i» firtieribut . Non auc^m Caufa honoris ceffat refpedlu homicidioram 6\€to- rum Soceri t & focrusi Oante cnim confpiracione habica in.* Adulterio per filiam cooimifTo) ipfi faerunt in Caufa iniuria?> &igaoiniDiae>quxexeo refuiurunc in pernicienibonoris,8e cxittimacionis Domini Guidonis Generi > & refpediu^ Mari- tii propterea (icuti ipfi de (ure paoiri dcbuitfent eadem pxna qua Principalis iuxta Texcus exprelTos in leg.^ut domuatyvbi Gloff], (^ in leg, 'Etfi Am'u'tt j tkm leg. SequeMfi ff, ad leg. \uU Pt/cal.dc vir. P^tr.potefl. psrt. % , cap, i ojnu- mero 20. Ird , ^ fufficientem Caufaoi dederuntcidem Domi* no Guidoni de illis vlcifccndi . Addicoinfupers quod> vc in fado probabisur * & afietuit in fuls Conftitotis ipfefflec D. GuidotipH aliud praciudiciuoi intule- rune exiftiniationi eiufdem mediante lice Ciuili per ipfos in* centaca fuppofitionis parens diA£ Francifcc PompilixaCUuN gando etiam 1 dc difiribuendo non folilim hie inVrbe>fed cfiam inPatria ipfius mordaciinaias fcripcuras confedas> quin eiiam imprefTas (uper eadem lite > iti » vt negari non_> poflic«qain Oominus Guido ex hoc etiam iuftum dolorem, fie Proudcatione conceperiC9 & iuftam Caufam habuerit furaea- di vindidam ad Textum in cap. t ,dt jfs , quifil, occid. vbt Ale- xander Tercius refcripfie Epifcopo Torn«centi« quod mulie* rem 1 qoab filium incerfecerae eo > quod (ibi k Marico exproba- rccur ilium elTe conceptum ex Adulterio > detr uderet in Mo- nafterium . In delidiii enimjin qaibus eiiam Iracundia ooiu cxcufac t adhuc delinquens in iracundia > qux ortum habuit exiuftodolore venicaiiqualitecexcufandusi vc ex pra?di^o Testu notat ibidem Goazal. »um, a. de firmat Menocb, de Ar* bitr, etf. 3 5 6.ffum. 59. Abfque eo , quod ex his Fifcus pr«ceodere poflit incurlum pa- ne in Alexandrina coaftitutioneapponta? > quii delii^um in [xxxiii] prffenri non poteft dici cofflmiflTuni in odium litis « in qua. D. Guido fencencjam fauorabilem ab A. C. Thomafore- portauerat) canonizatam etiam a hpretao Tribunali Hgna* tatx iuflitixi fed poti^s ex iufto dolore prouem'ente ex d ida Ignominia eideni refalcancc ex di^a Partus fuppofitionej at- que ex prouocatione ab eifdemmec occifis fat^a medjanto di(3a euulgationci dr difiribatione fcripturarufn , Stconfpi- racione prsdidta ad fugara eius Vxoris ; ciim fcilic^t di^s.^ conftitutio noo intrecivbi doios non interoenitt fed ex Parte oflPcnfi aliqua precept prouocariot vt larifllime (irmac Fari- uacc. CB»f.6T.p9r tot. vbi in calce ponic per eKtenfuin decifio- nem Sacrx Rotat. Et inomoetD cafumi chm in D. Guidone dus concorrerene Caufaeaddelinquendum; Altera fcilicet pr»d»aa? litis > 6e Altera honoris lae/i obdidam litcni incentatao), & confpira- cam ftigani} ex quo adulteriom proceffir > attendenda c({ ilia IionoriSi quK eft graisior , & confequenter etiam magis pro- portionaca deiiSo Hondti. cexf. 105^ num. 60. lib.i. vermigL eonfyg, f>.l^,Rct.GeftMet/. Vfit. it. 9. 5.(^6. pqfi CeafaU ad L VMC0 C. fi quis Imper. malejixef. optiac in his teminis Matth. itrtcrimiu. contr.iUHum.Tg. Simiiitdrnec aggrauari debet poena refpedu loci, quia honoris defenno eft adeo iufta . adeoque eA [ufta Ira , animique mo- tus ex ea ptou(niens> vt de eo non Cn habenda rario » vc ex Uaiine Tra»dfe. dtl Carrilh dec^f-zy i.au. 51 <«(. 5 5 .loqoento de Infulttt fa^o in Carccre tenet Merita. Pigaatet. coatroaer. fer,e*p.66.iiam,2j, ^ 28. vbi «»/». 29. ConcluHonem com- probac ex eo, quod maior Reuerentia Ecclefiis, Sc alijs locis, Oeo coofecratis, 8e in quibus Rex Regum , & dominus do- minantium alHftit pereflrentiam,8f nihilominiis ■dclinqocns in eis ex iufta Ira. & dolore excufarar , aCTetens iti vno ort* fateri Canoniftas onines in caf.Jlit.de ImmHttit.Eeclef. & alios pereumibiallegatos. Facih'us igirur Conclufio procedere debet in Cafu ooftro , vbi D. Francifca non exiflebac in Carceribus roraialibus,red ha- bebat dofoum pro Carcere fub fideiuffione fcutoruis Triccn- torom de non difcedendOiqui enim dcdit fideiufrores>& lura- uir de non reccdendo oec in vincalis, nee io Cuftodia eft L. frima ff.de Qunod.KeonAngiUin l^itn in Careerem n»m. 2. ff. ijuod [xzxiv] qutdmet. Cauf TjicJe Pen* in Ufiquis TkcurU , nwn^* Cod. dg DfeuriaaJii.to.Vhi quod fine diuerfa inter fein vinculis cu- ftodtri, fir Gdeiuff6tihascomm\ttiGrammat,efi0/',^t.>$um.S.(^ 9'F quAtenitsetfam confefTusfuifTet fecfinij complicicatei & Ausiliopraedi^orum occidifle propriam_> Vxorcin, focerum, & focrum ex pxxdi^kts baud puniendus e/fct poena ordinartai mul'o facilijisid aHequi dcbemus ac- fencot qaod ipfe folumoiodd fafliis fuitdedifjfe oiandatum^,* vcDoiSoruni vtarvcrbis.ad sfri(iafidum di<^ain Aiam Vxo- tctn raotiim} non eoim hoc cafu ipfc tenetur de morte /ccuta d'lQix (ms Vxoris, & aliorum Dec.c»af.62i.»uM,/^. vbiquod mandans in i^o cafu, ro]£iai puniri potcA per modum culpz, pro qua ncc p^oa corporaiis imponi poteft* Granrnmtic con/, io.nun.i. (jr 2, vermigl. cohf- 1 6. per ttt '.Jiinanter num. 2 o. Vetr, aplaz, epiiom.deli{f«r. lib.j.cap.i^.tiwn, 1. vtrf, idcai-. ctiam dicendutn fi Herec mandatum ad sfriranJumi ^Htnecb. de Arbitr.caf.^'iz. num.j, ^ 4. Fatinae.quaff.i^^. num. ijtf, Quatcnus vcro fifcns huiufmodi confelHoni qualificarc acquie- Cccre iiolic » fed duna inquificom corqucre pr^rcndat proha- beoJa vlteriori prascenfa veritatC) in rali cafu Tortura eric fimpIeK,non enim agi poteft de toroienco vigilia*«quia obflac confticutio fa.m.Pauli V. edica fupcr reformationcTribuna- Iiuoi vrbis; qu£ habecur inter alias conftitutiones eiuidem^ in ord'tie la 71. Tit, de ladic, Crimiaalib, tjuieft §. 10. #.50. torn. 3. Bullar. pag. 198. per quam fancirum fuit buiufinodi torroentum interri non poflc) nifi copulatiu^ concurrant ilia daotvidelrcec quod deliAuoQ fie atrociflimuni} quodq; Reu: fit grauarus indicijs vrgenti(fiinis, & teftancus Spad.conf, 1 14. ff.4. lil>, I. Fartnaec, qu.^9' nunf.7%. Locatel, qe[. ludtc.cnmin. iufpeSf. I. «a>».44. Guaz.x,ia, def.io, cap,i 1. nnm.x^. i)trf. (^ biCjEu/ebivs lavdatiflimj; tnemorig decer$or mcus infia *iUg. impreffa apud Fafferiu, in c^tp.ufub n. 70. in printipio , de he* mieid. in 6. Deli- D«liAum aotetn atcocKTitnam dkttur damtaxit illud > pro quo pxna gMuiorj qua iimplicis mortis itnponenda venir > vcluci fcifltonisin frodat combuOioois^Se fimiliucni Pariaac. qu.it, n»m. 68. Carpzta. prafi- trimift.par.^. fu.ioi, aum. 6z. Sea* naroL de vifit Q(krc«r. lih.x,%.6, eap,^. num. t^.pag,t9itCa«f fam, re/il.2. *iuf»,tS, Polic. de Reg,Mdien. tom.l. tit, $, eap.z, aum.6i*D. Raiiiatd.obfft$h par.^. csp.S^.. $. 6. num. 4 Qtiod mortis Geous > vti Ignomiaiofum 1 Sc Irrogans Infamiaou. iignanter non l}abet locum in Perfonis nobilibus) leg. maris en 9. %*fed en'tmff. de Pen. QUff. in L dtfertorem j. 5. torqutn- turt ihi^uf Burtil.ff. de Re milit. Idem Bartfit. in t.iapitaUaixLj Sferui e* ft ff.de PM^Caffan, in Catat Ghr, mandi par. 8. co»' ^dtr, ^i»xierfhtn(etum tftfinrin. qu/tll.gS, num. 98. Congrr, variar, lib. a. cap. 9. num. 4. multo igicur minus,quod noiu* agttur hie de P^na mortisiqueio pr«eretici aon intra: ex fu- periiisfirinads, fit in pundb adeffe^uni) vt huiufoiodi deJi* dufonoa dicaturqualificatum aduertit Gabriel, conf. 187* Qtisdi(^a funtfauore D.Gnidoais Principalis m iiitant etiam.* fauore • prsdidorum fila^« Dominici) Francirci.& Alexan- dritquia oec ipH puniri poifunc poena ordinariaifed ea dum- taxacj qua di^^us Principalis £«/ LGraceasy num.^.Cod.ai iQg.luUde Adulter. v\ii^on\tQi{{xm de ftatuco prscipiento* quodBaooiCtis pro certo iCrinitne oon poiHc occidinifiab Inimico> qui fecit eum banniri, & dicic quod fi Inimictts fe. eerie cunt afTafllnari, i4fla(finus non punicur > & Rationcoi-* tedditj quia quod fuit licituoi in Perfooa oiandaacis , repu- titur iitirum in Prrfona niandatarii>& dicitc/TeCasu expref- fuin in d.\e^CiCaftre»f. in LRefeifionit n /^.Ced, Cemmun.Pra' dior.t vbi quod flea forma ftatuto licitume(l alicui funiere viodi^am de eot qui ipfumofieodlc > licitum eft etiam con* gregare Amicos, qui ipfnm iuuentad hoc 3 & quod illi non puniuntur> ficue nee ipfe Principah's s & dicic hoc idem^ tenuiflfc Idceh.Butrigar, & in I. raptor es num.6 juerf. SedqUtdfi permittit C. de Epi/i.^ Clerie. vbi In eifdent tern>inisi& fonf* zjj.Jub ntt.S'Verf.ldeiiparcendumf»iteis 3 vbi in termiois ma- ritii quicoadunauerac homines ad baftonandum eutn > qui ci>in vellec ofifeodere pttdicitlam fux Vxoiis iniunxitei- deal Vxorii vt finger(t fepraebcie auresi & ciim veniffet.fuic com. [xxxvi] comminum homfcidtunii Sc dicic > quod Hominibus tali'ter coadunacisparcendom fuic.i^uiA hulufaiodicoaduaaiio fue- rat licica Marico Principali VeLt.lafon.inleg.\.%.vfufrui}ua' rius uum,^ prsfertim infecanda limuat*ff,d. nou.oftt, Honnat. vbi quod quauis viodida« qu£ S ttacuto permrtci(ur,non pof- fit alteri dernandari > tainen is > cui ilia permicriiur ,potr({ fec{im adbibere Socios) & Complices ad iftum adum , qui 'i (imul ciJtneooccidanttnoa tenebuniurdeoccifoinecde Au- xilio prxftitOr & dicir, qtiod ifta fua opinio eft multum Cor* di tcnenda CtpelLceti/Xirima.^.ntmA jf. ijtrft.fimiltttr » ^ ff«n9./>^^.&exeinplificat in piuribus cafibos (ignanter in il> lo de hoininibus occidentibus conttcrfantemcumS'ororo eiusi qui illos coadnnauerar , & diciCi quod non debucranc puniriificucijnec ipfe prrnerpaliS)& quod '\i% obtinuic iudica- ji,& hoc idem repctit f*»/'.7j.«o«» i u& de ftrMt.Vtban.pt*- iior.cap.x'iMUm^W* Roland. confiU 34. namer. 8. <&• feqf, *u/quead 18. UK 2.So(citi,\aif,C0ftf.$^,num.ij.(jr I4.i;0/«in.2. vbini/i iortequis velicdicere tquod puniri debeant minor^ poena>quiin principalis prout (aepi contingir in auxifiacori- burs & loquitur in his noflristerminis hominum a Marito coadunatorum ad cfTci^uin Decidendi aduicerum Vxoris fua?* inquibusetiam terminis confuluit Pari/coH/.i$^.>ium.2o,(jr feqq,vel.^JCarer.w praff.CrimifiJm traff.^.de homicid.^ <^jf**jf- ^.Stcxcti/a/urpatir num. 1 3. vbi de Patre, quiperaflafsinium fecerat occidifiliam turpiterconuerfanrem , & dicitquod nee pacer nee occidens tenecur fol. 169. & §.9. excu/atur /Harit»s nunt.i I'Vbi hoc idem ceneran lerminis Mariciteiuf- que Mandatarij/i/. 1 70.4: tergo fequitur Atarwvohfei^ dtcifioti* ^o6.num.9.Marfilft*iguL\T%.pertot, Vbipofita in principio conclufioncquod conceflTo vno omnia videntur efle concef- fa per qux deuenirur ad illud,ex ilia inferc ad praefentemCa* fum)& plures adducit racioncs Cajfait.ad eonfueiad.Burgund, rubriCiSprimom.Des rentes, itam.^i.pag.in\ht 8 1 5. vbi quod homines talitercoadunatijfi fimul occidant ciim principali > non tenenrurdeoccffo»necdeauxilio prajftito j & in cifdera terminis Garz AeQif.T\'ptr tot. Idquc non obftante quod aliquis prardiaorumpropriis manibus vulnerafFct, vcl ctiam occidiffet aliquem ck praediais , prout Francifcus faflTus fuie fe quatuor , aut quinqj vulocribus afFc- ciffe [xxxto] cifft d.Prandl^am Pompiliam iadotfo : Quia in his etitttru terminis milicat regola de non puniendo auxiliacores > kii piae(iaiitesope(n inaiori poena j quatn principafem; Sicuci' in iodiuiduo firmat ex proxime ill€giiisCaJlrea.ta dJeg.Hapiores »um 6, C de Bpiff, & Cleric, d* di^o ctnf.zjy. fub d> ni$m.T^. vol i.tAfonAn dtfi» /■!.§. vfufruiluarius »ttm.%. in zJimit.ff* de0ou.fper.auaciat.Chalfan.ad eonfuetud.Bargund. ruhr.$. $. i. /i/.i^<'/SM/^i/»i«(0.43.^4^.8iY.6eit4 iudicatum fuifle te/iarurt Garz.d.deeif.71. ibi — ^» licetafecum adhthere Soeios ad hunt aSiimtquiJi jimalc»m eo occidu/tt ad»lter«s minimi teneanturt nee de occifo nee de auxilioj &f»it iudicatuvti quod fie . Etin forttoribus terminis occidencis per i(fifCmium,8cRc abfen- te etiam principal! fuic originalis opinio Bald:in l.Graec/!>ui mum.^.iignanter ibi — mod«eju*riturnunquid Ajfajpniuspu- viatuft & die /jaod no»t quia illud , quodfuit licit um to perfona mandaniis fuit licitum in ferfona tnandatarij — Ced- ad leg. lul. de adult, Caftren, in d.leg. Hefeifionis num. 4. ibi — §luiA J gt^od fojfum facere per me > poffum face- re per mim^rts meos ad bee nectffarios, Afflid.fuper eonJiit.Kegn . lsi'.l.ruh'.S.ttum,$o. ibi — tamper /e^ tjudm per alium etiam^ eum pccunta-t & fic^er affajfinium dicit BatdJAidem, ^uod idemy quia quod licitum eft in Perfoimmandatitis eft licitum in Verfona mandafarq.'fH tcftaturtta fiiiHe iudicarum)(^/;^5 rub. ^6.nj, vbi pariter quod^iti itidicatumfuitte^ numero 4^Carer.praff. crtmin. in 3. trail. dc homicid, fir ajf. S. 8. excufatur Pater t}Ui».\lfol.i6$'&%.Non0 excttfatur ntaritus num. 11. foU lyo. i tergo Monticell.eodem traff.re^.6,de mandatatMn* t^fih^g, Neuizan.SilUf nuptial, lib. I. vo'.non eft uubendum numero gS. ptxitmm \hi ~' (ir hoc altf mandare — Mart. diSio vot. ftu dectf»206.ttum.g. ibi — & muho tnagis quia Dolores ffrmaruut mariturHj^itipr4 timore Adulterant occidere ne quit poffi alter i demandaretVt illampropeeunia ettant ecctdati&neuter puniendus eft. Quid quid in cootrarium dicat CabaU. di£ie caf.%oo- fiumero 75.quiaipfe fe fundac in i\ithor\titeCafia.d.co»/.i7j.lib.2. ^ Eolan.d (on/.$<^.nuni.J9,ji.quod cum huiufmodi per- [xxxvin] permir$i'o fit perfonstis « propcerea aonpoteft i^redi itiiui Pcrfonam eius opinio eft exprefse contri doArinatn Bald.Ca- fif'ft-Iafon.^aliariim f quos dllegauimtis (upra S.^adMils fuat-> & cum h«c noffra opinio fir cqaiorifle mitior} efl tcncn- da, vt in pun<^o refoluit Jtf/C/v diHn l,i.S.v/a//raauari0S n. j. •verfus finem ffJe Bou.0per,n»Mt. Neque yerohuiufmodi poena exafperaripoceft ob prxtenfaou* delationemarmorumprohibitorum, quia i(l« confundicur cum dell&o Bal.iit Ladterfas ittfitte^ Cdefnrt.Jaf.iu Lif0»d dicitur num. ^.fJe verlt,ohlig.nitrfl.m Lfiin rixanum. i$.f. ad LCofH.de Sitani^ (9n/l% i.««aU0»/l2O4.iiam.^t. i'feif. vol.i. tarin.qudfl. ioB,iiHtfi.j66»G»azzitt, Jiefen/.i6xaf>.x. fiun.iS, vbicciarofi pro delaciooe armorom cfTcoppofita maior poena* Adco> quod vbiconftat9 quod delictum fuitcomtntflTum cum cau- Tj. & iufto dolorc« wt in pr«renti>arinoruni detatio fit impuni. bill's, velfaltem punicndanonmaioriparoaea » quxprodeU- <3o venitapponenda) quemadmodum loquendo dearmisa bannimcneisrepucatis proditorijs beac firmac Pfilict de'Reg. aud,tom.tJ9m.to.eap.^.nftm.x\.fAg,x%, Quae eo facilii^s procedere debcot refpeau Dominlci * & Fran- cifci^qui runtforenfes) &propterel non comprshenfl in.* quibufcumque Conftitutionibus Apoftolicis i feii bannimen- ti« ddationent armorum fub grauifsiinis patnis prohibeotibus tarwaccqu^.ioB, 0001.17. Police vbi fraxme numero/^^, pag.79, Prxfertimc^m 9 & iflifintxtateninoresivf 10 Prtc.fol.^%. & 5o4.refpcdiuejquoparitdr cafu noa liganturConflicutiontbus & baonimentis Minoris abilitantibusindili^iis exde(e£tii PotefiatisPrincfpis, fe^t Officialis ilia condcntis. Farinacc. fragm.{rim.par,\.'U.bnif7>ema n.i^.vtrr.terttusefi cafus C«* mAle,dehracb.reg.part.i^.fi$B numert ^e^.Surd. decifiotte igj- nam. 6, Et hafc funciqusr in tnaxima temporis anguftia pro roeo munc- lecolUgere potui ad defenfam horum pauperum Carcerato- rum, nullateovs di(Jidens» quod Domini mei ludiccs vbi no- nerint, quod ininiis focrit diaum» id fupplerei & profcrrc ve- lint,cx furoma, qua pollcnt rc ^num.%7. Qui verb citantur pro contraria opinione nonloquuntur in noflristerminis , fed de marito alteri demandantc ho- micidium Vxoris adulterse, non autemdeSocijs occi- dentibus vna cum Viro , vt in cafu noftro , vt videre eft Felin.in cap.Si verb fub num. prima ergdfinem defentent, excommun.^ in cap,qu£ in capit. que inEcclefiarum fub num. I i-poBmed. de conFiit. , Bartol. in l.non folUm \.Sl rnandato meo num.s.ff. de iniuryi , Marjil. in diB.l.vnic* num. I. Cod. de rapt. Virgin. , ^ inftngul. 448. AngeL de malefic, verb. Che hai adulter a ta la mia Donna num. 34. , Grammat. in d.conBitutione fi maritut ».p. Et in contingentia fafti Temper fbcij,qui auxiliatl fantMa- ritum occidentem adulteram gauifi funt eadcm Indul- gentiajquam Principalis reportauit,* hoc eft femper eua- ferunt p^nam vltimi fupplicij / imb impuniti , & abfolu- ti remanferunt Cepoll de feruitut. Vrbanorunt 'Predio- rumdiBo capit. 21. nam. i i.infin.^confil, 4. num. ij*. in fin.^Kleuizzan. in Sylua Nuptial, lib. i. fub num.^B. lafon. in diBa leg. prima §. VfufruBuariui nam. s.ff. de nou. oper. ^Slunciat.^ffliB.fuperConfiit.^\l{egn.lib. i. V^brie S.de Cultu Par if a. jo. Mice afficit diftinflio Caballi diBo caf^oo. nam. 7^. vbi Socij poffunt quidem impunc afliftere Marito , vcl Patri Occident! filiam . vel Vxorem re(peftiu6 , vt faecuriiis in- ccrficiaat) aon tamenpolTunc manibus fe ingerere,& oc- ci- [xua] cidere,nam alils de occifb tenerentur. Quia pro fundamento fuajdiftinftionis figit pedes in Paul, de CaBr. dlBio conf.tj/. Itb. 2. qui tantuni abeft , quod fuam intcntionem probet, quin potius mirifice retor- queatur . Nam poftquam fibi obiccit huiufmodi difficul- tatcm fuh num. a. addit ibi — Ego autem omnimodam contra , quod nee ille , qui inter fecit , nee qui Congrega- tionem fecit poteFf did , quod teneantur de bomicidio quo adimponendampoenam Capitalem . Etin con^l.^jf^ollandi dValle 54. num. 29. ^ 31. Sed par- cat mrhi tam eximius Doftor , quia &fi conetur confu- tarePaulum de Gafi;ro/« derintj&nihilominushaacopjnionem Reis (auorabiiem contra Caballum (eruari in praftiea teftatur Clar. %.H&- micldium num. 5 1. circa pn, vltra decifiones fuperiils al— latas. Si igitur pjcna vltloii fuppllcij non fiint pleflendi BlafiuS)^ fbcij ob opem praftitam in Homicidijs, fruftra quaritur, an pro habenda ab eorum ore fincera veritatc poH»nt lupponi tormento VigilJSj quod duo reqiiisita expofcitj alterutn quod militent indicia vrgcntiflima contr* In- quisitum, alterum quod crimen sitatrociflTrmum expr^ Icripto ^ttlU ^formathttis fan.mem.PauU JK§.io.ti.i, Seanarol.de 0Jit.Carcerat.lib.2.%,(r.cap^Mum. 1 3., & an. te cum Cartar,de wod.Interog.Reor.Mb.^.eap.z.n./^'^ ^ 8. ^aiard.adClar,%.fin.qaafij6^^9jinum, 105. F urinate. quafi.iSMum.^ i . Guazzin, defen/.^o. cap.2 1 .num. i \.in princip. verf. Et non debeh ^ verf.in bac Curia.. Ct iicet ampUfllmx sint facultates Tribunalis, vbi dilpen- iatur vni ex di£lis requisitis > nunquim tamea vidi adhi* beri diflumtormentunii nisj vbi non dubitatur, quod crimen de quo prctenditur per Fifeum elici confeflio- nem ab Inquisitis mereatur p^nam vltimi ftipplicij. De qua agi credere non po&umus ob prxtenfam conuentl- culam, quia congregati non tenenturvllapsna ob con- uenticulam, fed tan turn qui iilos congregauit,vt egregi^ Bald.in eap.qua eaufa num. 1 3. verf. Tu die de bis^ quie vi metufque eau]\ Furinace.q. 1 1 i.n. 1 40. Necinhoccaiutra^ripoteft depa;naa(serts conuenti* culas [XLIV] xul» r^rpe£iu D.GuidonissqiiiacaufajOb quam congn^- gaurt Homines illi fuffragatur ad euadendam painariu* 9 cum licitumsitconvocare Amicos, & (bcios adreinte- grandam fuam exiflitmtionemy^/ar^Un l.i.num.x 3.C. oe ^a/ff. Virpn.Parifxonf.i s^.num.p'.i ^ num. 1 5. p.^ . PonnaccJ.qu. \ 2 1 .nuJi T.Balard.adClar. S.Hdmicidium num. 1^5. 196. (^ ijpj. verf. & etiam poteB alioi pong^f-^ gare^ & alij fupra citati. Quod comprobatur nam quoties qu!s iufto dolore motus conuocat Homines pro vindicanda iuiuria non inciditin crimcn,& paenamconuenticmjic, Cort1.conf.216. num.2, verf. ^mnimofi muUi lib. 3. )Et licet Farlnacciui quaft. 1 1 i.n 155. declaret id procede— re, fi incontinent! fiat ; Secies fi ex interuallo , fupplico aduerti,quod quicquid efTet H ageretur de vi ndifla jniu^ rix perfonalis, in quibus terminis ipfe loquitur , quando tamen agitur de iniuria la:dente honorem,vindi£ta fiimp- ta in omni tempore dicitur fafta incontinenti , tilm quia femper vrget , & prsemic ,ti^m quia potius dicitur Rein— tegratio, & reparatio honoris, quam alias in exidimatio- ne Ixfus confegui non potefl, quam vltio, & vindifla , vt fatiiis credimuslatisfa^um eflein alia pro Domino Gui-> done. iSed ceflfatomnis prorsfis difficultas , quia forsin procedi poflet pro conuenticula, {i ad malum finem fuifTent con- gregati Homines, & nullum alium delifhim exind^ (e- quutum eflct, at cum fuerint conuocati iuxti fenfum Fi- fci ad committenda Homicidia, eaque patrata fuerint nequit ampliusagide conuenticula prohibita, fed de— 9 Homicidijs, quia coadunatio honiinum tetendit ad eun. dem eflfeftum, vt eft wttgijlrale votiun , Seraphin. dec.6r. num.^ &7.Si ibi aliud votum 'Slancbett. nu. 19. & 22. poft confil,F'irinacUb.2, vbi quamplurimse authoritatcs congeruntur. Ea potiflimum ratione, quia vbi principium , & finis fiint il- Ucita, attenditur finis, & non principium , vt docet Bar- tol. viden.in l.quodaif lex %.quodait nura.%.ff. ad legjul de adult. ^lexx* rum crimen debet confbndi cum fine , pro quo afportata fuerunt,qui2 V4ium infert ia aliud , ne peiora videantur media, quam finis, & licet (ecundum aiiquorum opinio- nem psna geflationis armorana non confiindatur cum criminsadinifro,quotiesnt^raui6r9lioc tamen videtur intelligendum efTe, quando crimen cum eis patratum fit vndique iNicituoi, & inexcufabtie, non tamen vbi minui** tur, & extenaatur , atque excufatur ialtem in parte \. caufa, ob quam commidtun eft. In omnemcafiim cum lure communiattento armorum de- latio fit leue Delirium , Bartolus in I. leula num. 9. ffi de Atcaf. , ^ in I. Diuas la 2. num. 8. cir- ca med.f. de Cufiod. Reor,^ MarfiL in FraSf. crim. %»Pro compkmentQ num. 44. , Danz. ^ugn. ^oBoraut tit^ de (i/4rmii cap. 2. num. i., R9uit.fuper pragmatic. Regn. Fragm, 4. de Amtis num. J4. , CahalU Refol. critnin. caf. 107. num. 17. Licet per C6ftitutiones particulares,6t Bannimeta aufta fit poena fere ad fummum Apicem , non tamen huiufinodi au6lio illjus naturS immutat} adeout (icutt de lure com- muni muni obeiusloeukatem non Inrertur Tortura ad haben- dam veritatem ab indiciatis de difla dilatione , Farinacc. f.42.ff.7. id nee vigore Conditutionum, & Statutorum, qua: poenam auxerunt, vtoptimfe^tf ///./» l.Jt eumin vlth maledfura n.2.ff-fi gun cauihn,Caualcan. de £rach.^(eg. part. i.fuhn,2S%' verfjamenjupradixi -^Gaazzin. dcfenf. -^o.cap.^.fub n.3,verpPlui dicit, Etinterminis tormenti VigiHse , quod nequeat Inferriprb Deliflo, quoddefui natura non fit atrocifllmum, fed vi- gore Conftitutionis habeatur pio tali^quoad p(£nam,ni(i expre($^ illius natura mutetur etiam circa modum pro- cedendi ^,BAynald,'mfuhohfenta$»crimin4ap.s„ ^,i,ad Et videmus in Bannimentis IlluftriiC D.mel , quod vbi vo- luit poffe procedi ad tormentum Vigliisin caHbus, itu^ quibus de lure procedi non pode^id exprc&b declara-> uic, quod pr6 certo non fecifletjfipocuiflet tale toroiea-* turn ingeri in Deliflis de lure noa capitalibusjled vigore Bannimentorum poena vltimi (u|plicij expiandis. Quar^ &c. H. de Archangdis Pauper.Proc JlluJIrifs. & ^uerendifi* "rDomino GVBERNATORE Jn CriminMus . Romana Homicidiorum P ^ O Blafio Agoftinelli , & Socijs Carceratis. C O N T ^ ^ Filcum . Memoriah FaBi , ^ Juris . Roms jTypisReu. Cam.Apofl.i6^8. [xtvni] SVMMARIVM Die 24. lunij 1694. Pro D. Pctro Comparino contra quof- JNUIIl. !• cumque examinata fuit Roots per me &c. ad perpetuaonLj Depofitio rurataTe< rci memoriam Angelica filia q. Petri q. lo; Baptifta de Caftcl- ft»s fupcr paupertatc luccio Arciinx Oioecefis &c. actatis fuacanaorum JS'Circirec *** ?: Guidi Fran- cuj dclaio fibi iuramcriro vcciiatis dicendas depo/uit , prout "aSfJ' "'dI) c "'* mfta videlicet . I31LS tempotlT] Dico i V. S. per veriti come troaandomi in Arezzo nel mefe di quo permanferunc' Gennaro prodimo paflato in Cafa dellaSig. Maddalena Baldi inlllius Domo jn^ Albergotri , mi fit propofta Toccafione d'aodare a feruire la^ Ciuitace Arecina . Sigaora Beatrice Francefchini , e fuoi figlioli &:c. mi rifolfi d' andarui, H che cHTendo andata i Cafa di dd. Signori Francef- chini , partai con la detta Signora Beatrice, la quale mi tird da parte in vn naniiolino , e mi diflfe > che mi hauecia pigiiata per Serua, mi che non hanefli mai trattato d pirte con lidue vec- chi^ch'erano in Cafa , vno de' quali era il Sig« Pietro Campa- rini, e I'altto la Signora Violante fua moglie«e di piui m'impo- fe, che fe per fortuna mi hauefTe chiamato qualcheduno di dd. vecchi neila loro Camera io non ci fuffi andata,^ fc prima noa dimandauo licenza a iei » e coo quefle coadizioni mi accetto al feruizio, onde e(Tendoui cntrata, olTeruai > che la Signora^ Violante per ii piu fe nc ftaua nella fua Camera piangendo » « fc bene erano freddi cosi rigoroG fe ne ftaua fenza fuoco > fi che io compadionandola di nafcoito di detta Beatrice pigiiauo il fuoco del mio Caldaniao > e glielo portauo, e non piu to(to glie lo porgeuo la detta Signora Violante mi mandaua via^ daila fua Camera, perche detta Signora Beatrice non haueflo pigliaco fdegno . che io hauefli fatto detta cariti, anzi vna voi-« ta tri I'altre, che fe n'accorfe mi fece lafciarc il foco nel Cam* mino con leuarmi la Paletta dalle mani , con brauarmi , e dir- mi > che felei lo voleua, folTe venuta da fe i pigIiarfelo,perche non voleua, ch'io faceHi alcun feruizio i dd. Signori Compa- rini , Ii quali ne pure tri di loro poteuano patlare t perche tan- to il Sig. Guido Francefchini , quanto il Sig. Canonico O. Gi- rolan.o fuofrarello, e Signora Beatrice loro Madre ft metteua- no chi a vna porta della loro flanza . e chi ad vn' altra porta.* della medellma (ianza i fcntire cid > che Ii dd. Signori Compa- rini tri di loro diceuano > edifcorreuanoi eciofeguiua ogni fera, & ogni mattina, fintanto, chenonvfciua dalla detta Camera , e Cafa il dettoSignoc Pietro > il quale fe ritornaua di notte non voleuano > che fuifi andata a fargli lume per le fcale, anzi che vna volta, che poteua eflfere vna mezz' hora di notte in circa , che torno a Cafa dettoSig. Pietro > & hauendolo io fentito rafchiare pigliai il lume per aodargli incontio t di che ciTendoO accoito il Sig. Guido mi kud il lume dalle mani,con A dittah [XMX] dirtni .che badadi i fcdcre> e chc non mi accodafli. (e non vo« ]euo fattarc ia fineftra , il chc tanto piu mi pareua mate , quan- to. chc haucuo intcfo dire in loro Cafa, chc ptiina,che entrafii alieruiziodi dd. Fcaacefchini tornando vna (era dinotteil dctto Signer Pietro per faiire le fcalc fenza iumc, cadde per le tncdetne fcalc , e fi fece vna brurtidima flincatura , per la quale fa obligato guardarc il letto per tnolti giorni . Nell' ifteHTo rempot che ftaao al dctto feruizio facceflTe vna mattina tnentre fipranzaua, cheli dd. Francefchini diedero ccrti difgaftiaila detta Signora Violantcs alia quale per caufa de'tncdemi vennc vn'accidentcch'appenaarriaoaella Aia ftanza. cfi butco fopra vna fedia di paglia doue (i fucnae , di chc eiTcndofi accorta la Signora Francefca Pompilia mogliedideitoSignorGuido.co- itiincio i lagnarii, egridate ad alta voce dicendo : La Signora Madrc mia ft more , i che accorfa io , volfi slacciarla , e por- rarg'i vn poco d'aceto , edi foco , mi pcrcne di quefto aoa-» ve n'era > pigliaidella legna > ela oiifi nel Camino pcraccen- derla > il che hauendo veduto Id detta Signora Beatrice>lei oie- deiima Icuo la legna dalfoco, con fdesno grandc . e mi dilTe » che io pigliadi la Cenere , che quclb poteua rifcardargli li pic- di , a che io pigliai ia cenere , che era net dctto Camino* la quale per il freddo gnnde , che regnaua , quaado arriuai nelU Camera done ftaua detta Signora Violante mczza morta , gii detta cenere era fircdda , Hche tanto io. quanro la detta Signo- ra Pompilia piangcndo ambedtic fpogtiadtmo decta Signora Violante* e la mettellimo a lerto. che era giaccio , e perchc io piangeuo quando tornai in Cucina dopo haucr mcffa i Ictio cila Signora Violante la detta Signora Beatrice difle, vuoi.che io pigli va poco di capecchio per netrarfl gl'occhi , il che fcnti ancora la Signora Francefca Pompilia oefccc qualchc fchia- roazzo i detta Signora Bearrice. non volfc. chepiti tornaffi in detta Camera , ne volfe,chc li faceffi vn poco di pancotto con- forme detta Signora Violante mi haucua impofto. Succcffo pochi giorni dopd, che fd del mefc di Fcfararo fuflcgucutcchc mentrc li Signori Francefchini , Francefca Poiapilia , Sig. Pie- tro, e Signora Violante ftauano d tauola difcorfero di volermi mandar via di Cafa . G come anche antccedentemente li dciti Francefchini mi haucuano licentiate j il che intefo dalla detta Signora Francefca Pompilia, chc coin'ho detta ftaua 4 Tauola con / altri, diffe al dctto Sig. Pietro , e Violante , fapetc perchc U vogliono mandar via > Perchc fi fdno dati i crcderci chc lei nil habbia ridetto, chc la Signora Beatrice gli dlceffc li giorni panan,cbc volcua pigliarfl il capecchio per fciogarGlc lagrime dagl occhi, quando piangcua per raccidcnte fucceffo alia detta Signora Madre J Allorail dettoSig. Pietro diflfe, prcgandodd. Signor J Francefchini , chc mi haucflcro in gratia fua tcnuta per otto ,ddicci altri giorni, pcrche in occafiooc, chc luivoleua cuoraare in 8.oma aflicmc coo ia SignoraViolantc mi haureb- be Ct] be condottocon loro, c che quefta gratia potcua lui fperarla da loro , efTeocIo la prima > che li baueua doinandato , a che niu- no de* Francefchini rifpofc, m^ leuatofi da Tauola il detro Sig, Guido vennc alia volta mia , c mi diede due boniflimi fehiaffi, c vi accorfcro ancora> menrre il detro Signer Guido mi daua il dctto Caaonico fuo fratcllce mi diede de calci, c la Madre dc pugni dicendomiva via,adeflo ,il chefemito.e vedutodalla detiaSignora Violantc, commifcrandomi diflfc Add. Signori douc volcie.che yadi adeflb quctta pouerelIa,e tutti li dd.Fran- cefchJni d'accordo diflero alia detta Signora Violante. vattene via con la Scrua ancora tu.diccndogli carogna , & altrc parole ingiuriore, fiche detta Signora Violante ando neila fua Came^ ra per veftirn,5c il Signot Canonico sfodcro vna fpada,e li cor- fediecro in detta Camera^e ferro la porta in modo>chc temcn- do ioiche non daffe qualcheferita alia detta Signora Violante, corfi per entrate in detta Camera^ e trouai , che 11 detto Signor Canonico s'era ferraro deniro detta Camera, fiche can to io, quaato il detto Signor Pietro, e Franccfca Pompilia ci mcttef- mo i. piangere, e gridare peraiuto , flimando Noi, che il detto Canoaicold dentro ammazzalTc detta SJgnoraViolante,e dop> po quaiche poco di tempo mi parti) dalla derta Cafa ,c lalciai , che dd. Signori Coniugi , e Signora Francefca Pompjlia grida- uanocondd. Signori Francefchini; in tuttoil tempo, che io mitrattenni al Ceruiriodcllidetti Signori Francefchini inArcz« zo> com'ho detto di fopta,po(Tu dire per vcrita d'haucr (cruito d Tauola fempre matina » c fcra li dctti Signori Francefchini , Signora Francefca Pompilia, Signor Pietro, e Signora Violan- te de Comparini , e peril vitto,c mangiarc di tutti dd.Comen- zali , il Sabbato detti Signori Francc/chini comprauano vn' Agneilinoda latte, nel quale fpendcuano do dici,6 quattordicl gratieal piii,equefta la detta Signora Beatrice , che cucinaua loripartiua per tutta la fettimana , anzi la Tefticciola d'vno di detti AgnelUni fi ripartiua per I'antipafto in trc volte , e I'altre volte n feruiua per antipatlo della Coratdla, e Budella riparti- camenteper tutti li giorni della fettimana, chefimanglaua came, nevieraaltraforte dicarnea tauola per fodisfare alii bifogni di ciafchedun de'Comenzali . Quando non fi coropta- ua il Sabbato , come ho detto detro Agncllino il Signor Gui- do , 6 daua li denari d Giofeppe Garzone di Cafa, perchc com- praflTeduc libredi carne vaccina , quale ogni matina la detta Signora Beatrice da fc medema metteua a cucinare , ne volc- ua,ch'alcrices'ingerinre,ediquefta fi mangiaua a Tauola, c fi ripartiua anche per la fera , e pcrche detta carne era cosl du- ra ,che Jl detto Signor Pietro non poteua mangiare , pcrcho non fi faceua cuocere , il detto Signor Pietro rcftaua per il piui fcnza mangiar carne , ma mangiaiia folamente vn poco di pa- ne ftufato , mal couditiooato , & vna fcttarella di cafticccoa A 2 que- quefto k la paflaua dctto Signor Pietro ne* giorni* che G com < praua ia vaccina . ne'giorni poi di magro 6 mangiaua vna {nineftradiIeguinJ,con vnpocodi Luccio faiaio . cqualche voira vn poco di caflagne alefle , Tempre perd 6 fi roangiafl'e di magro , 6 di gra^o , il pane era negro come inchioftto , e non leuito , nd ben conditionato , jl vmo poi * che feruiua pec la detca Tauola era vn fiafco nel quale prima di metterci il vi- no la detta Signora Beatrice mici faccua mettere delPacqua^ fino alia met! , e cosi ammezzato d'^cqua , mi faceua empire il fiarco di vino, cmolte volte era piuacqua* che vino » e quefto fiafco (i metreua i Tauola , & ordinariamente baftaua pertuttili Commcnfali, ancorche il fiafco a rigore non re* neflc piu di tre fogliette , e mezza all vfo di Roma . Inoltre di* CO > che partita io dal detro feruizio, non moiti giornt doppo> fu detto publicamente per Arezzo. che eflfendo ntornato la fe- ra > il detto Signor Pietro i Cafa verfo vna mezz' horadi notte in circa haueua trouato , che la porta di ftrada era ferrata ia modo > che lui non poteua aprirla > (i che fii aftretto i buflfare > ne vedendo la Signora Violante , che alcuno di Cafa G moue- iia per andarli ad aprire > lei medema fcefe le feale peraprirle* ma perche la porta era ferrata con la chiaue , benche hatielTe chiamato il Signor Guido> & altrif che erano in Cafa > Jiondi> meno non fi roolTe alcunO) per andarii ad aprire > e che pcrcio il detto Signor Pietro fen'andafle a dormire all'Ofieria , & ef- fendoricornarolamattinad cafa per riuedere tanto la Signo- ra Violante* quanto la Signora Francefca Pompilia , fi diceua parimente per Arezzo> che elTendofi lamentato il detto Signoc Pietro per efler fiato ferrato fuori di cafa di derto Signor Ca- nonico, iogiuriando tanto il detro Signor Pietro > quanto la detta Signora Violante , nacque tra di loro nuoua contefa $ e petcio ambedue erano ftati cacciati fuori di cafa , e che la Si- gnora Violante fu riceuuta dal Signor Dottor Borri *doue la feta ceno , e la notte dormi , e che il detto Signor Pietro era^ andato aU'Ofteria a cenare , e dormire, il che fentito da mo me n'andai a cafa del derto Signor Borri per vedere la detta Si*^ gnora Violante, ma non fui introdotta, perche ia moghedcl detto Signor Borri mi difie. chemenefufli andata i fare 11 fatti miei, perche non voleua , che li Francefchini, che ftaua- no in faccia alia fua cafa fi foflfcro accorti , che io fuffi an- data i vedere la detta Signora Violante , e che percio ne fuffc natoqualchedifordine, la mattina feguente poiandai alla^ detta Oderia douc mi era ftato detto >che vi era andata anche la detta Signora Violante per trouare il detto Signor Pietro » ma non vitrouai alcuno di loro, e mi fu detto dall'Ofte » che erano vfciti ; fi che per non fapere doue trouarmeli , me ne^ lornai 4 cafa della detta Signora Maddalena Albergoiti. doue mi iiatteneuo^ e fcntij doppo dirc; che tanto detto Signor Pie^ tro tro.quAiito la Signora Violante crano rirornati alia detta-» Ofteria,doue haucuano pranzaroi c che poi per rinrerpoHtio- ne del Signor Commiffario d'Arezzoerano rimcfli d'accordo con detti Francefchini, che pero craao ritornati i cafa loro, e Xentiuo direancora.che continuorno detti Francerchini i mal- traitarcSc ingiuriare detri Signori Coniugi neflo HcfTo mociot checontinuatncntefaccuano nel tempo , ch'io Haoo ailoro fcruitio , c che pero vicimamentc furno necetTiraii parrfto d'ArczzotC totnarlenein Rotna , ctucte k- fudette cofc Ic so per haucr vcdutoio medeflma . e fentiro Ij mali trartamcnij, che detti Signori Francefchini faccuano i detti Signori Com- parini> e I'ingiuric, che diceuanoi , tanto a loro . quanro alia., dctta Signora Franccfca Pompilia ,e refpettiuamente per ha- uetle iatefe dire publicamente per Arezzo, dou'e publico , c nototio, e n'e publica voccvC Fjtna in caufa fcicntiae &c. Adi i7.Giugno 1697. Atteftiamo noi infrarcrittt i chiunquc fa di bifogno , come io-* veriia ft e,che la Signora Franccfca Pompilia Comparini mo- glic del Signor Guido Francefchini , ft d ptu , e piu volte fug- gita di cafa. eandata correndo> quandoda Monfignor Vefco* uo,e quandodal Signor CommiflTano, e quando da vicini per li continui flrapazzi»e mali trattamenci, cheli veniuano fatci, tanto dat predet to Signor Goido luo Mariro>chedal!a Signo- ra Beatrice fua Socera , e dal Signer Canonico Girolamo fuo fratclloi e cio lo fappiamo per cHerci incontraii in eflfa . quan- do come fopra fuggiua, & eflferne di cio publiea voce , e fama in tutta la Cicti d'Arczzoilo fede di che habbiamo fottofcrit- ta la prciente di noflra propria mano qucftodi , & anno fu- dctti 6co io Canonico AlelTandro Tortelli afTermo eflfere la veriti quanto fopra> & in fede ho fcricto di propria mano &c. Io Marco Romani affermo cflere la veriti quanto fopra> 8c in fede &c. mano propria . Io Antonio Francefco Arcangcli affermo cflcr U vcrira di quanto fopra (i contiene mano propria. Io Cammiilo Lombardi afi'crmo quanto fopra fi contiene mano propria . Io Francefco lacopo Conti di Biffignano affermo quanto fi contienc> & in fede &c. mano propria . lo Vrbano Antonio Romam Saccrdote Aretino ,&al pre- rentc Curato dclla Chiefa Parochiale di S. Adriano affer- mo effere la vcrita di quanto fopra & contiene, & in fede ho fcritto di propria mano . Sequitut recognitio manus in foima 5cc. Num.x. Diuerfz atceflarin- nes luper recurfu Francifcae ad Epifco piim , & CommilTa* lium propter Txiii- cias Giitdoiiis Vi'ri* & Confanguincoru A 3 Molt' [tin] Pareicula Fpiftolx fcriptac a D. Thoma de Rotnanis Auun- ciiIoGuidonis Fran- ccKchini q. Petro Cempariao Rotnam Parricula altcrins Epiilolc fciiprac per D. Eqiitcem B«th c due fere doppo la partenza di ior Signori fecc Rtcpito gran- de > pcrche non voleua andare idormire col Signor Guido fuo Conforte &c. leri gtorno deile Palme la Signora Spofa^ ando &c.alla Predica &c* e ncl parrirH flcaccio A cotrer nel Palazzo del Vefcouo &c> fi mefli: i Tom mo le fcaie , e vi (tie* de fino i mczz'ora di norte > e ne la Signora Beatrice » ne Si- gnor Quido erano fulTicienti per far/a rjtoroare i cafa* gii che il Vefcouo non gli diede vdienza> ma vi accorleil Segretario del Vefcouo 1 it quale eforrd il Signor Guido > c la Signora^ Beatricct A non ftrapazzace la Signora Spofa &c- bafta doppo le tante bifticcie riconduflcro la Sigfiora Spofa a cafa &c. Die 21. Martij 1697- Conftitura Francifca Comparina Sec & ia- rerrogara an nunquam tranfmiferitaiiquam £piAolam adAb- batem Francefchinum hie in Vrbe tempore quo permanfit ia Arctio . Rcfpondit. lo mentredauoin Arezzo fcrifli ad iftanzadimio Marito all'Abbate Francefchini mio Cognato qui in Roaia * ma perch'io non fapeuo ficriuerc cffb mio Marito faceua la_> Icrtera col roccalapis > cpoi mi faceua ripafl'arla fopracolla penna, & inchioftro da me , e mi diceua , che fuo fraccUo ha- nea gudo d'hauer qualche mia lettcra fcritta da me » c qucfto fuduc, otre volte. Inrerrogata an (i viderct aliquamex Epidolis vt fupra fcriptis, dc txanfmiflisad Vtbem ad eundem Abb.Francefchinu recogno- IccrcT ace. Rcfpondit. Se V.S. mifaceOe vederequalcheduna detlelettere da nic fcritta come fopra 1 e mandate aU'Abbaie Francefchini le riconofcerci bcniilimo . £t oftcnfa Ubi per mc dc mandaco Epiftola * de qua in ProcelTu incipicn. — CarilTimo Signor Cognato (ono con quefta &c. &finicn. &c. - Arezzo 14. Giugno X694. affettionatiflfima^ Scrua,c Cognata Franec(ca Comparioi ne Francefchini . Rc- [LIV] B^efpondit hd viflo. e veduto beniflimo quefia leitefa moOrata* mi d'ordinedi V.S.che comincia — CariflimoSignor Cogna* to fono con queita 6cc. c finifce Fraaccfca Comparini ncj Franccfcbini , & haucndoia ofleruata mi pare , ma non poflb atteflaiepcr vcritd,chc fia vna letterada mc fcritta ocUa con- formity (Udctta al Signer Abbate Francefchini mio Cogaa- to &c. CatiHimo Cognato . _ Sono con quefla A nuer ir V.S. , e ringratjarla dell'opcrationi hd Xenor Epiftolifcri- fattepercollocarmiinqucftaCafa, doue lontana dalli mici pwvtifupraAbbaJ Gcnitori viuo , ora vna vita tranquilU , & vna falute perfecta Fraacefchlao . non hauendo ii medemi a torno, chc mi contrifiauanogioc- no , e nottc con Ii pcruerfi loro comandaoncnci contro la leg- gc humana, e diuina a non amare tl Signor Guide mio maritoi e fuggire di nottc dal letto del medemo con farmeli dire , che feco non ci haueuo genio , che non era mio marito , percho feco non ho 6gli , e con farmi fare in piu volte ie fughe dai Vefcono • fenza veruna cagione con farmeli dire > che io vole* uo far diuortio con il Signor Guido,cpermetterc vngrandi- fordme in Cafa , diffc mia Madre al Vefcouo* al Signor Gui- do, e poi per la Ciira > come il Signoc Canonico mio Cogna- to mi haueffe richieAodeU'lionore cofa non mai penfata dal medcfimO) mi (limolauano dicontinuat iconfegll lontanidai giufloi e dalla pace i che fi deue al marito con lafciacmi nella loro partenza per efprclTo comandamento d'obcdicnza ad ammazzare li marito* e dare il Veknoalli Cognati i e Socerc. ad incendiare la Cafa , c romper va(a , & altro , accio non pa- reflfe doppo partiti , che foffcro ftati loro appieffo il Mondo , che mi configliauano i fare tame leggicrczzc , & in fine della loro partenza mi lafciorono , che io mi fciegliefli vn Giouine a mio gcnio, e chc feco me ne fuggiffi d Roma , c tanr'altru cofe , che per rofTbre tralafcio , ora che non ho chi mi follieui la mentc godo vna quietc di Paradifo , e conofco , che li mici Genitori mi guidauano per loro pazzia al prccipitio > onde ri- conofcendoh fpropofiii fatti per comandamento de'miei Ge- nitori ne chiedo perdono a Dio, a V.S. , a tutto il mondo vo- lendoeffcr buona Chuftiana, e buona moglie del Signor Gui- do mio , quale tante volte mi fgndaua con maniera amorofa dicendomi.che vna volta I'haurei ringraziaro dclle riprcnfio- ni mi faceua , c di quefti catiiui confegli mi faceuo conofcerc, che roidauano limiei Gcnitori, c miconfcrmo. Atczzo 14. Giugflo 1694. AifeitionatiffiinaSerua, eCognata Francclca Comparini nc'Francclchini . Foris. [iv] Num-f. Depofitio Francifcz Pompiliz} quod ro- gauetiit Canonicuin> quod fibi pr«fencaue< (it auxUium in fuga. Foris. Air Abbate Paolo Francefchini . Roma . Die LadaE z}. Maij 1^97. Francifca filia Petri Comparini &c. Interrogata vt dicatquadeCaura>& quo tempore prxcisddi- fceflic d Ciuirate Aretij, &adquem effe^um refpondir* Raccontcro i. V. S« &c. vn mefe fi in circa andai i confeflfar- mi da va Padre di S. Agoftioo , die li diceuano il Rooiaoo f e gli raccontai tutti ii mici guai prcgandolo* che rcnucfTc in mio nome , perche io noa sd fcriuere ■ i mio Padre coo rap- prefeotargli > che io ero difperata » e che ero neceflitata di par- tire da mio marico , e vcnirmcnc da lui io Romai ma notL» cbbi rifpofta > e cosi oon fapeado i chi ricorrere per metterc^ in efccuzione quefta mia volontl » e penfando che nefiuno del Paefe> 6 per parcntela , 6 per amicizia di mio marito noa mi hauerebbe afiiftito; firfalmente mi rifolfl parlaroe al derto Caponfacchi. perche fentiao dire ch'era huomo rifolutocoa- forme pafsaodo vn giorno auanti la Cafa mia in tempo t che mio marito era fuori di Cittd , Io chiamai » e dalle Scale gli parlai con rapprefencargii il pericolo > nel quale mi trouauo anco per caufa fua > e che percio Io pregauo i voiermi COQ* durre qud in Roma da mio Padre > e mia Madre > ml e(so mi replicauaj che non voleua in conto alcuno ingerirfi in quefta faccienda, perche farebbe ftatomalfcncito datutta laQitt4» tanro piu , ch'efsocra amico della Cafa di mio marito > mi io 1q fcongiurai tanro , e gli difsi , che era opera di Chriftjano U- beraredaila morte vna pouera donna foraftiera in modo tale* che Tindufsi 4 promettermi > che ml haurebbe condotto come fopra 1 8c aljora mi difse > che hauerebbe fermato il Calefse » e che quando fofse (tato aggiuftaro nel pafsare , che hauetiO fatto auanti Cafa noftra, me ne haurebbe datoil fegoocon^ farH cadere il Fazzoletto , mi efsendoci pafsato il gioroo (e- guente > ch' io (lauo alia GeloHa nonfece derto regno»&U giorno fufscgucntc efsendo ripafsato come fppra ci tiparlai nuouamente , e mi dolfl con efso , ch'hauefse mancaco allc^ parola datami , e lui (1 rcus6> che non haueua frouato Calefse in Arezzo , Be io gli replicai > ch'in tutti \i modi i'hauefse pro- curato anco di fuori conforme promifedi fare 1 e la Domeni* ca vliima del niefe pafsato ripafsando auanti Cafa fece il fegoo con il Fazzoletto come haueua detto , e coal efsendo andata^ a letto con mio marito la fera > & accortami la notte, che U medemo dormiua mi alzai da letto > mi veftij , e prefi alcuDC robbicciuole di mio vto , vna fcarola • con molte bagattellc dentro , & alcuni dcnari, che non sdquanti foisero da vn>« Scrigno , che vi erano anche de'raiei proprij conforme appa- rifcc dalia nota tanto dclle robbc , quanto dclii denari fattt^ dal [1.V1] dal Cancelliere in Caftel Muouo • e poi CceG i bafso * cbe cra^ I'AIba doue trouai dctto Caponfaccbi , Sc andaflimo infieine i Porta S. Spirtto fuori dcUa quale flaua vq Calersecondue Caualli » e Verturino > c montati tutri due io Calefse > ce ne venifsjmo alia volra di Roma con caminar ootrc, e giorno fenza fermarci , fenon tantoquanto fi riofrefcauano, emu- tauaoo li Caualli finchc giungefiimo d Cadel Nuouo doue arriuafCmo ali'Alba > e poi fofsimo fopragiunti > com'ho rac- contato di fopra i V.S. da mio marito con farci arceftarc daili Sbirri come fopra &c> Io infrafcritroAeligiofo Agoftiniano Scaizo (6 fcde com'ieffen- domi trouato all'afliftenza delta Signora Francefca Compari- nidal primoiftanredelcafolagrimeuole, finoallVItimi pe- riod] dclla fna Vita , dico, & atteflo con giuramento Sacerdo- tale alia prefeoza di quel Oio, che mideaegiodicare, come ho trouato > & ammlrato a mia confufionein qucftaiia fcm- pre benedetta figliola vna cofcienza innocente * e Santa , & in qucUi quattro giorni , che foprauiuetteeflendo da me eforta- ta i pcrdonarct qucRa con lagrime i gl'occhi , e con voce pla- cida , ecompaflioneuolc rifpondeua Giesu gli perdoni > die io di gid con totro il cuore I'ho fatto . Maquello che^ piii d' ammirarene> che fentcndo gran doloccneUa fua malatiaui, nui gXh^ vdito dire parola ofFenHua, d impatiente, ne tampo- CO fturbamento cfterno. ne contro Iddio »ne it proflimo , ma icmpre conformata alle Diuine difpofizioni dicea Signorc habbjate mifericordia di me , cofa inuero > che fi rende in- compoflibile con vn' A nima > che non ftia vnita i Dio , alla^ quale vnionc non G giunge in vn folo iAante > md bensl con-» habito inucteraro • Oi piu dico « che fcnipre I'ho vifta mode- ratiffimajcmainmeneiroccafione delmedicarfi> chefein.* lei non ci fuflfe ftato Pabito buono in queU'occaHone uon h9- ucria abbadatoaccrteminuzzerieintornoalla modeRja 49^ jnetnolrobenenotate> & ammirate i a tal fegno, che vn*^ Zirclla non faria potuta Aare alia prefenza di tant'huomini con qucUamodeftia, c compofitione con che daua quella bene- detta figliola benche moribonda . E fe fi crcde, che Io Spirit© Santo qucUo > che fauclla per boccadeirEuangelifta in quelle parole dette da S. Matteo nel cap.7. che Arbor mala non po" left bonosfru^as facere ; notandoche dice non porcft . c no , non facit « dot metrendo impoiSblle ridurre Ja pownza ad at- ti di pcrfettione , q«andoi*iftc(ra e impcrfetra , & infctta da vi- zii , a deac dire chq qucfta figlioU er^ d'ogni boaii , c mode- flia, mentre contuttafacilitd.etuttaefatrezzafacca atti vir- tuofi » e modefti^nche nell'vltimo dclla vita . Di piud morta con gran fcntiroentodiDio, con gran di/pofitione interna con tutti U Santi Sagramcnti dclla Chicfa,c con ammitaaione di Num. 6, Atteftationes taio_« Reiigioforum^^uain alioriitn omni exce- pti'one inaiotuin,<]u{ affiilentia przbucrut Franclfcae vfqne ad obinitn fuper hone- Rate, & declaratloqe ab ipfa cmiffa dc^ nun<]uam vioiata H* de CoQiugali t [I.VK] di tutti li circoftaati Canonizandola per Santa . Non dico di piu per non cffer tacciato di partiale so cnolro bene , chc fblus DcuseftlcrutatorCordJom. Ma s6anch€dieexabundantia Cordis OS loquitur ; echedice il mio gran S. Agoftino , che talis vita , 6lnisifi . Oadehauendoaotatoia quedafla fempre bencdetta figliola parole Santct operevirtuore,attioni mo- deltiflime , c mortc da Aoimc di gran limor di Die per fcati' CO dell* mia cofcicnza fooo ne»cfliiato > e non poffo aitro di- re, chc neccflariamcnte faifogna, che fempre fia ftata vna Giouane buona, inode(ia> Si honotata &c.quc(lo di lo, Gcnnato 1693^ lo Ffi Celeftino Angelo di S. Anna Agoftiniano Scalzo aSetmoquanto di lopra ho detto oiano propria . Alii attcflatio , Yt fj^i fottofctitti per la verita richiefli facciamo piena , 8c indubi* S9»' tata fede niediante il noftro giuramento . come in occafione , checi fiaoio trouati prefenti , e Hamo afliftiti ail'vltinia infer- mitidella quale e mocra France/ca Pompilia Moglie di Gui- do Francefchini.enreado la medefima ftata piu volte ricerca- ta da Padri Spirituali . Sc altre perfone , fe haucua commefTo mancamento alcuno al detto Guido fuo Marito > per il quale gli iiaucHe date occafione di maltrattarla nel modo* che U ve- deua >e farla maltrattare a morte , ia oicdenoia fempre hi ri- fpofto , che non gPhi in alcun tempo commeAo mancamen- ro alcuno , e fempre c viflTuta con ogni caftifa , e pudicitia . e c;6 noi lo tappiamo per eflerci trouati prefenu in detta Infer- ojita hauer'inte/b tuttc le dette richiefte, e ri/pofte in occaiio- ne anco d'hauerla aiedicata , & afliftita , & hauerla fentita ri- fponderc a dette richiefte come fopra neili qnattro giorni,ch'e ftata neili patimenii deile feritc, & hauerla ben veduta> e fenti- ta , eperhauergli ved u to fare vna morte da Santa . In fedc habbiamo fottolcrittaia prcfcnte atteftatione di noftra propria mano in Romaquefto di lo.Gennaro 169S. loNicolo Coftantio&c. chealfiftito alia Cura della fudetta^ Francefca Pompilia per lo fpazio di quactro giotai attefto quantodi f'opra &c. lo FraCeleftino Angelo di S.Anna Agoftiniano Scalzo dico^ come mi fono ctouato prcfente dal primo iftante del cafo tino alia fine della vita , & ho fempre aftiftito alia fudctta , la quale Icmpre diccua , che Oio li petdoni in Cielo » conforme 10 U perdono in terra, mi per la cofa , cbe m'oppongono , e mi af- fallinorono fono innocentiflima i fegno tale dicea , che Dio quefto peccato non giielo perdonafscs perche non I'hauea fat> to> mori come vna Martire innocentc in prefenza d' vn' attro Rett. Sacerdore, con cdiHcazioncdi tutti It circoltanti ,ficome fopia affcimo mano propria 10 [Lvni] 10 Sacerdote D. Placido Sardi afferrao quanto ha detto il fo- pradetto Padre Pra Ccleflino crouandomi prefente come fo- pra tnano propria . lo Marchefe D. Nicolo Gtegorij afFermo come fopra mano propria . lo infrafcritto affermo <)uanto nella retrofcritta fede fi contienr* come anco rattcftatione del Reu. P. CelicftinQdiGiesu , cj Maria > 6c h6 afliftita h retrofcritta Signora Fraacefca Pompi- lia per ii primo , hauendola raccolta da terra oiic giaccua ab- bandonara di forze per caufa delle ferite , S{ haueua la teda sii ]e gambedei Sig. Pictro Comparini gia morto > e la tnedcma fi confefsd aelle mie braccie ai P. Rectore del CoUegio Gre- coi pcrche Don fl poteua reggere , nt Hare coica > e dall'ora^ non i'iio mai lafciata, ma fempre alfillila fin' alia morte fua^, che e (lata !a piu efemplare Chriftiana, & edi6ca(ite> ch'io mai habbiaviflo> fiauendola fempre viflia rafsegaata nei Diuiao VOlcre> e fempre Q coniidaua oelU fua intiocenza &c. 16 Giufcppe d'Andilli mano propria . lo infrafcritto arteflo, & afFermo quanto in tutte dettc fedi fi contieneper hauer afiiftito a decta q. Francefca Pompilia &c> Dioniflo Godyn mano propria . lo Luca Corfi afiVrmo q uanto in tutte dettc attedationi fi con> tieneper haucrailiditogiorno , enotre finoclie ddurata I in- frrmita di detta qu. Signora Francefca Pompilia , e fentito quanto fopra rapno propria . loGio: BattiOaGuircnsSpcziale, che hd afliftito aill raedica- mcnti . ccura della delta quondam francefca Pompilia affcr- mo quanto in tutte le fudettefedi , & atteftationi fi contcngo- no. per hauer continuamente in tutto il tempo uottc . e gior- no dell'infermiti della medefj ma aflirtito mano ptopria . Id Gio; Battifta Muclia Giouine. del fudctto Gio: Battifta Gui- tens Spezialc afFermo quanto di fopra nclic dettc aiteftationi ficoiiticnc, per hauer affiftito a detta quondam Franccfca_j Pompilia mano propiia . Si Fa plena , & indubitata fcde per me qui fottofcritto Abbato D. Liberaro Barberito Dottore delia S. Tcotogia , qualmeiitc coH'cfser ftato chiamato ad afliQete alia morte della q.Signo- ra Francefca Pompilia Comparini, hoofscruatoin piu voUe.e fpecialmente ncl tempo d'vn inticra notre la nomioatadefon- ra con Chriniana rafsegnazione foffcire i dolori del fuo male, e con foprahumana gencrofiti condonare I'offefe di chi con-» tantc ferite rhautfUacaufatoinnoccntemcntc 1* morte > anzi per [MX] fxarlofjpazio delta fudettaootte ofieruai la tencrcna dlco- fcicQSa ddla oominata , hauendola pafsata in addumii quoti- diaoi fentimeoti d'vna eroica, e chtiftiaaa pcrfcttiooc , lanto che pofso atreQate, che per la prattica io bo, efseodo ftato per quatno anal Vicarioneiia Cura della bo: me: di Moofigooc VefcouodiMonopoli nonhauer orseruaro moriboodi con fimili fearimeDti, taoto piu con la condizione d' vn male cosi violcntemcntedaaltricaaratoli, onde in fcde.&c. Roma.* qacflo di la Genoario 1698. Io Abbate D. IJbftuo Baibeiito afifermo quanto di fo- pra&c« lUuftrifs^ ^ Rmerendifs. p. GVBERNATORE In Criminalibus: Romana Homicidij cum qualitate . V' R o Fifco. Summarium . ROM^5 TypisR.Cam. Apoft. i5^8. [LX] Romana Excidij III "'^ &- R /»n "*= T^ne* T\ Epiorabile Excidiattu *iJ. VX. rVCU. l^nC' JJ cotiiis FamiUg dcCom- parinis fcquutum in hac Alma Vrbenodle diei fecund^ cur- rentis menfis laouarij ,& fanguiseflTufus clatnae vjndi(^am ad- ucrfus Delinquentesdeccrraapud Deum ; Ecnos>vc Muaus, quo fungimur ^adiiripleamus oper« pretium duximus hie fideli calamo feriem fa£lt rcccnfere , ex qua Domini mei ludices agnofcerefacili^s raleant , qu«nam iura pro refolucione Cau- Cx, & poenae Dclinquentium fintcidcm fado appficabiliiur , iuxtamonicum Texjus inUg.final.in prheip.ffide iureiuran. & quia , vc aic Barhofa axiom, iur. axiom, 95. num, 1. ficut ex fa^o lus oritur > ita ex fa^o lus moricur . Fadi ideo feries ita fc habct , Guide Ftancefchinus de Cioitato Aretii in Vxorem duxic Francifcam de Comparinis , cui pro Dote inter cetera promifla fuerunt nonnulla bona Fideicom- roifTo fubieda a Petro i & Violancc lugalibus de Comparinis , quieamdem Francifcam vtifiliam in domoeducarunt , & vci calem etiam in Matrimonium collocarunt ; Ciimque prxdidi PetruS) & Violantcs nullos alios habercncfilios , reli^a habi- tatione Vrbisad habirandum in domo Francefchini fica in Ci- uitatc Aretij fc contulerunt> vbi per aliquod temporis fpatium infimulcohabitando in pace perfeuerarunt ; Sed vt fxpeacci- dere folet inter Amicos , & Coniundlos , orts fuerunt conten- tiones i ac iurgia ) ob qu introdu^a fuic lis fuper Dote promifTa j & a Petro Comparino dencgata 1 eo fiibprastextU) quod Francifca ver£ non effec filia ab eodenu PctrO ) & Violante genica > fed vti Partus fuppoHtus fueric re- cepta > ac cducara > & quodproinde idem Guido > & Francifca ad fucceifionem bonorum Fideicommifli afpirare nun poffent } At licdt fuper hoc Articulo Francefchinus fauorabilem repor- taueric Sententiam* attamen c&m pro parte Petri Cbmparini fueric ab ea appellatum lagnouic Francifca fe maid in domo Vi- ri ab eo tra^atam > & ob id curauic d domo ipHus Viri recede- rC) prouccum auxiliO) & focietate Canonic! Caponfacchi , vt fupponitur y Affinis eiufdem Francefchini » fugam arripuit 1 fed habits per per cumdem Fraocefchioum notitia de Vxoris A fuga fuga, iliam infequens fuitaflfequutus in Cauponam Caftri No- ni , vbi adeundo Gubernarorem di£ti Loci curauit committi ca* pturara , & Vxoris , & Canonici , prouc fcquuta fuic 9 porre- daquedeinde querela introdu^um fuit ludicium Criminalcj in hoc Tribunali Gubernij Vrbis in quofabricaco Proceflfu , & auditis pluries }tam oretenus > quamin rcriptis.Procuratoribas vtriu(que Partiss refolutum fait ob def&l^um probation is Adul- ten'; diiflum Canonicom relegandum in Ciuitate Vctula, Sc di- dlam Francifcam in Conferuarorio retincndam ; Verum quia^ propane de Comparinis prapiendebaturfubminiftrationem ali- menrorum in Conferuarorio ad Franccfchinum fpeftarC} & pro parte Francefchiai dicebarur adComparinum pertinere , lilii-> flriflimaS) & Reuercndiflimas Oominus Gubernaior habito priiisconfenfu Abbatis Pauli Germani fratris didi Guidonis & Procuratoris in Caafa , dontatn de Comparinis eideoi Franci- fcx pro tuto 1 8c fecaro carcerc fab fideiuffione aflignauit . Qtiibus controucrfijs > taoi in iudicio ciuiii * quam in criminali pendentibus > necnon fuper ieparatione Thori intencata pro parte d\6tx Francifcae vxoriS) idem Francefc'hinus de prxdidlis vindidam fumere machinabacur , & pro eius prauae voluntatis executione « coadunatis Dominico Gambaffino Florentino , Alexandro BaldefcodeTerritorio Ciuicatis Cadelli^ Francifco Pafquinii Antonij de Marchionatu Montis Aguti> Blafio Ago- nincUo dc Ciuitate Plebia Incola Villx Quarata;* & eifdem ac- commodaris gladijst & (lylo per Bullaai Alexandri O^aut pro- hibit«s , ingreffus fuit Vrbent in ibcictatem praedidorum Ho- minum i & habito acceffu ad domum de Comparinis hora pri> ma no6tis curauit Gbi apcriri lanuam fub /imuiatione deferendi epiftolam Violantitranfmiflfam a dido Canonico Caponfacca in dida Ciuitate Vetulacommorante* pro^r aperta lanuaha- bitationis per didam Violantem> ipfam ilatim aggrefli fueruot> prxfari Guido ) & Socij a quibus cum gladijs prxdidtis fuetii lugulata ftacim occabuii} proutetiam Petrus paritcrlugula^ tus ab hac vita tnigrauit > Fraacifca vero curauit fubtus ledum feabfconderCkfedrcpertai 3c plurii>us vulneribus afieda) tuiK> fie Oco permittente , non remanfit extinda » licit pod paucos dies etiam ipfa deceiferit , itaut potuit hoc imniane feet us re- uelarei de quo habita noritia per Illuftrifs. O. meura Vrbis Gubprnatorcm peruigiii artentione curauit > vt ab exequuto- ribus extra Vrbcm Malefadorcs infequircntur , prout eadeoL- nodereperti ia Caupoha Merlucciat) cum armis igneis> & gla- dijs [Lxn] di;$ prohibitts etJain fanguinolentis / dudtiTque ^d Carcc- re5 > & conftrudo contra eos ProcelTu fuerunt fuper crimine examinaci j de quo aliqui ipforum funt confelfi j alij vero quatnuis Hnt negaciui fuper tra^atuj ac fcicntia de occiden- do omnes de fainilia t accatnen contr^ eosi non folum vrgen- tiinmje praefumpcioaes » fciencix , & craAatus prxdii^i , fed eciam grauiflimaex eodem ProceiTu refultanc indicia » itaht per DO. Oefenfores } minimd iaipignari(> ac conurouerci poflinCs Hioc cum ha;c caufa Ge proponenda pro refolutione capienda > credimus inullam fubfiflentem elici po^e defenfioiiem pro parte Delinquentium > ad euadendam poenam vlcimi fuppli- cij quoad confeflfos de crimine) & ad eximcndum negatiuos a rigorofo vigilia: tormenco > Licet cnimquxftio lit valde a. DD. agitata an maricus occideas vxoreoi adulteram non in- continenti , ac in adulterio deprxhenfam > fed ex inceruallo ^ poena ordinaria , leg.Corfiel.de Sicar. excufari debcatsdum aliqui pr6 excufatione mariti aflirmariuam opinionem proR- tcntuft VE vidercettapudGiurb.eon/.SS.Gizzarel.dec.iS.Mu" ta dec Sieilia 6x ,Bertazzol.eo/i/ crim. 206. ^ conf.^$6. San" felie.dee.^$7,Pratus ad Pafehal.de patr.p0te3.part.^.c.6.'verf. bine Cabal, refol.erimxaf.ioo, qui omnes Dodores ad mi- cigandam poenam maritoj qut ex intesuallo vxorem occidits earatione mouentur » quia cum caufa honoris fempercor prcmac difficile eftcemperarc iuftum dolorem , ob quetn in.* continend dicicur fa ita An- gel. de Malefie. vtrbo , ebe hat adulterate I a mi a Donna nu. t. verf.multb minus , Clar.in § honucidium num. 48. ^*^.fin, qu^fl.ZgAnfin. Gomez, ad leg. Tauri 80. num. 68. Couar. in epit.lur» Caeon, i.p. eap.j.S T,num.i.Farinacc.qu & magis Reipu- blicx proficuam > nee ab ea in indicando recedendum effo Sanz.de regim.Vaientite eap.S. S. 8. num. 6^. & 64. vbi qnod apud ilium Senatum pluries indicatum fuicnon excufari ma- licum ex adulterio legitime probato , G ex inceruallo occi» A 2 dac dit vxorem « ea ratiofie * qoia oUm ex lege Romuff maritus vxorein occidcrc potuit > led ]«x lulia permifir caotum occt> derc adulccrum vilcm , vt probac Anton^ Mattbdu de, trimi- nihus tit' J. de adulter, cap.} .num. i j. Attamea in hac noftra fa^ fpecie credimiu verfari extra diifi- culta tern propofita; quxftionis . Quia Dodlorcs pro contraria opintone fupracicaci procedunt> & tntdligidebentquotiesagitur demarito ,<\\x\ abfque ex* ceffu legis ^ Sc nullis concurrenribus circumftantiiS) & qua- licacibus aggrauantibustiufioque doiore tantum motus vxo- retn occidit* fccus aucem^ quando > vc in noftro cafu adeft cxcelTus } & contemptus legis > ac concurruntcircumftancix* & qualitates aggrauantos ,prout cum hac diftin^ione iuxei communem praxim e(Te procedendum tettitur Laurent. At at' thdu de re erimxontr .ii.num.i^.'^ottt^mm firmaueric mari- turo cfTe excufandum ^ poena ordinaua . & mitius c/Tepu- ii.cndum > ita fubiungic > ex quibus praxis communit eaejlt vt effeSius doloris perpe»datur, &/olumpu»iatur excejjruftita- utfiadtji dolifujplcio in forma occtdendif vt puta eircumftatt' tia tendens ad proditionev ^pmna aggrauetur. 0*rcunftanri« vero aggauanceS) qnx in noftro cafu concurrunc func plurcs , & adco graues, vt quaeliber ex ipfis eft fufficicnx ad poenam vltitni fupplici; imponendam , & ad reddcadum crimen qualificatum . Prima enim eft coadunatio hominum Armatorum » proquaJ fecundum Bannimenta buius Gubernij Vrbis imponitur poena vitx > & confifcations Bonotum illi» qtii e(l caput coa- dunationis > etiamfi coadunaei fine folum quatuor? vtlegitur in cap. 83. eorumdcm Banramenrorum •» qua; circum(lancia» & qualicas eludj nequit awSoritace aliquorum Oodorutn^ afferentfum Hcicum cflc Mariro Vxorem occidere coaduna- cis etiara Hominibut tquia prxdidli Ou^ores loquuQCur* & inielligi debene in cafu in quo licitum eft impan^ Marico occidere Adulterum » & Vxorem in aAu Adulteri/t vel itia Domo ipfius Mariti) reciisautem ex interuailo> & extras Domum ipfiusMariti ad traditaper Anton.de BalUraSf.var, delitt. difpenf, cafA. num.e^. vel procedere fortd peffent « fi alio modo non potuiflet Adulterum « & Vxorem occidere* prout fentiunt omnes Dolores, qui poflbntfauore Mariti adduci > quod non eft diccndum in cafu iflo , dijm Franci- ichiausinfequendo Vxorem airois igoeis munitus poterar vin- [lxiv] vindfdlam fumere in Caupona Caftrinoui, ybi recurfum ha- buit ad ludicem, clegitque viam ludicialcm pro punitiono vxoris > & Canonici cum quo ilia aufug/c; vel demum pro- cedcrcntfi minorem numerum Hominum coadunaflcc , ob quod, crimen conucnticuls non conftituerctur j Fortius quia non agcbaiur de|commictendo fa^om , vt diximqs impuni" biJc , & a lege permitTum . Non enim credimus poflc per Ootninos Dcfcnforcs pr«tendi t quodMaricusimpun^occidcrevaleac Vxorem Adulteratru ex interuallo > diim omnes Dolores quiadduci pofTuntifa* uore Marict eximunc quidemlpfum apoena ordinaria noa> autem ab excraordinariaj proucvideripoifunc addudii per no5 fupra in §. Hinc cum Caufa ; H ^rgo in cafu nofiro Mari> tus commictic delidlum punibile]* quomodd poted coaduna- re numerum Hominum conuenticulam forroanrem i & a Ban- nimentis prohibicamt abfquc incurfupoenf ab ipHs com- minacx I Secunda qualicas > ac circumftantia e/l delacioarmorum contra formam Conftitucionis Alexandri Vill. qua;ad totum Ec- cleHafticum Statum extenditur , ad cuius comminata? > poenx cxcufationem s minus allegari pofTunc podlorum au^orira- tesmaricum excufantesj ficum Armis prohibicis occidac adulcerum, & vxorem > quia vltra refpon/tonem pcrNos datam in explicatione prima? circumftantix coad jnationis , ac conuencicuI« t quod iflae fcilicec proccdanr > & inteliigt debeanc in cafu a lege permiffo i & impunibili » dicimus ap. jplicari mi^nime pofle lefpe^u Armorumde quibusagitur* dum d. Conftitucio non folum prohibet deJationem j £cd. ctiam retentioiiem , fabricationem > & introdudionem eo- ruminVrbem* & Statum Ecdefiafticum fab pei/iis rebeltio" fit's, & Crimiftis Ufa Maiejifttiii & quatenus etiam verfa-o remur in cafu a lege permiifointelligendae eflcnt Do(Soruai au^orijates de Armis > quorum prohibica ell delatio> non^ auiem retcnrio -, & introdudiij Tub quouis prccexta eciamL» Iuftiti£) vc habetur in cademConftitutione S.t. ibi: Autquo fuouis etUm miitU» aut eicecutiams iajiitia pratextu deferrfft minu/fue inDom'thus^ aut alibi retinere : &in $. Adhjec* prohibet etiamintroduiaioncm ibi: Retentionem Domi-, in in^potecis & alibis introdudiionem in Statum EccUfiaJH- turn tfabricationem &c. SicrgofubpraBtcxtuIuftitiatprohibita eft rcjcotio > &incro» duAio [utv] du^io hulufmodl Armorum • ri dicula effct pr«tenfio Fran- cefchiai > fibi licuifle > cum didis Armis acccderead vrbein » & Domutn vxoris ad vindkandam ex interuallo pt;- tenfam honoris ofFenfionem ; Certiiij; quia deli^um buiuf modi Armorum cfl grauc,' & deperfc poena capitali punj tur , vc probauimns > quo cafu fecuto delido V fi maior eft poena afportationis > quam deli^i > accipitur poena grauiorf* qux leuiorem abforbetj Bart.in l.numquampliata nu.^- ff.it priuat.deim.GlofAn l.qui de crimne, verba phrima C. de Ae- cu/at.Caeye-latrJdeci/, i B.nam,t .^perfof.Cabalxafiioo.rt.n, iS'& i^Giurhacoitf.i6.num.uconf.iz.nu./^u vt grauius pa- t\iatur deiinquenS)C4i&^^ diHo tafu num. i3-& X4< Cartar.de pan.lnnocent.art. 2.num. z o ufarinatcqu. 2 2 .n.t 2 .^ qu. i oS- num.i66.Sanfelie.deoi/.4$.n»m.2.& jjalijque quos aUegac> & (cqaitat oril,adCapan,re/ot.i.num.^i. Tercia circuoiftantia eft , quia Francefchinus cinn Hominibus prxdi^is homicidia patraiiit in Domo > ac habitation e pro- pria de Coparinisiquo fit vt homicidiu in Domo occifi com- miiTumydicaturqualificatuRi > c&m Oorous debeac effe tu- tum fui Domini refdgiuni Lpleriquet 8c ibi Bart.& ^^9 ff' ^ in ius voeanSpadxtnf.io'j .%ttm.^ZL quia d.Francifchinus in- grefTus fuit cilm muratione veftimentorum , quo cafu Homi- cidium diciturcommiflumex Infidijs Farrnac . qu. 126, cum alys adduffir per eumdem Spad.loc.eit. num.s •prafertim de^ node, vt conjiderat CabaLea/.^t-num. 1 5 queni allegat, &Ji^ quitur Spad.d.conf. toy. n,6.^ prius in eon/, i o i .«*6. Quarta qualitas , & circumflantiaeft , quia di€ti Francifca erac fub poteftate ludicis > dum furteidem > vt diximus in narra- tione fadi} aiHgaata Domus cum fideiuflione dc habendo il« lam pro tuto.& fecuro Career^ & fie erat in fortijs Curia?, vt volunt Gramat.deei/.i^,num.J^.& aljj allegatiper Farinae qu.j0.nu.s2. (^57. prarfcrrimquandoagitur fauoreiJlius > qui in fortijs Curix exiftit?> quidquid dici pofTet quando agi- turde eius prxiudicio ; ideoque compertum eftinlurdnec minus *Bannitum capitalem in Fortijs Curif exiflcntem oc< cidi poflTe, Bnpan.ob/eru.2^..num.3 1. Sed ceflare videtur omnis difceptatio y dura ex proceflu reful* rat didum Francifchinum acceflilTc ad Domum praedidanu vna cum hominibus coadunatisnon animoi & incen^Mptione foium ftxvil folum occldendi Franclfcam vxorem i fed etiam'occidendi Petrum > & Vioiantem , quos vt ipfe facecuf} odio graur pro> fequebatur > propter litem motam , & quia prxdidli lugalcs inftacent apud Francifcatn • vt mortem virot & Cognato ve* neno parareci ac etiam quia rctinercnt in Domo elus Vkoi> remr vt magis incontinuatione adulcerij eius honor ofFende- retur > quia vltra quod ^ vt fupra dicimus Ftancifca fuit au* doritatc ludicis in difHiam Domum repofita cum confenru fratris Germani eiufdem Marici i non intrat qu^fKo an Ht permilTum alege occidere Conlundos > Atnicos > & Dorae- hicos Vxotis adulters , etiamti Maritus illos fufpe^os ha- basrct de permiffione, vel aitenfu pvxRho Vxori adult erium committcnti > cum fpecialia > ac priuilegia concefia Manco, aduerfus Vxorem non Hut multiplicandaj ac extendendaifed itridie intcrpr«tanda . non potfjl de pr>7- §• 7« & exAn~ gel. in verba che hai adult erato n ^4. temtitAntonius deB^ll. d'traBvariar lib.^.de litt.difpenf.Caf.i.nu.6i» & 64. quam- uisnos verius affirmare poilimus liuiurmodi aflTertioncmdi- £ii Francerchini efle calumniose mendicatam , dum in arti- culo mortis eadem Francifca protcftata fuit in damnationem Anima: fu« non ofFendifi'e honorcm mariti cui potiusatte- flationi credendum venit . cum moribundus non pra?(uniatur immemor falutis sternae ad Text.in l.fin.Cad l.Iul.repetund. eap.Satcimut 2 • ^ m. 2 . Carrer* veto Caufe , qua? ab ipfoFrancifhino addncuntur pof- funt quidem , quateous vera eOcnt , dem onftrare odium, ac inimicitiam inter ipfum , & dd. lugales, vertentem , & fie ad probandam in eo caufam praemeditatae necis corumdcm, non ver6 fufiicientem ad ipfum excufandum a pcena ordinaria-. mortis , quamomnino cxigithomicidium pramediatuno iuxia Tex/.in /. 5. S- Patiatur Cod.de Epife. Aud. &tn §. Lex Cornelia inftit.de Publici ludic.&in l.pan.§. ^laaltat Per/o- msjfad l.Pmp.de Partcid.& in l.eiuJdeminfinfi.adUg.Corn. de Sycar.& exXienefi cap.9.verjic.6.& BUod.cap.^ i.\& Dea- teron.cap.tg.verfiS'P^r q^d lura idemfirmat Gedo/red.Aba. uoir prax Crlminak%.bomicida num.A-& sXiiurb.eon/.Crmtn, ^ z.num. tLXVIlJ nac.qu.i\9.num.ii.&feqqez ratiooc , quia leges prohibcnt vindi^atn > priuatam hoc eft illam >, qnam Carentcs publico iBinifterio propter fuaodia in intcrficiendis hominibns , vcl aiiter Ixdeiicis fibi vfnrpant » vt habetur in leg. t^.Coii.de lu- dit*& /.58.S.8./^<»<^ leg.IuU df Adulter, cum alyt luribut ad' duSiisper D9minitmmtumB.aynddamcap.j. in Rubricatiuti, j%2.& 12 j. vbi num. 24.fubdit quod noa folum io homici- dioappcnfatoimponenda eft poena ordinaria contri ipfunu occiiorem , fed etiam contri omnes alios > qui data oper^u » afTiftunci&adhnmicidium pacrandum concurruncopera^, ope>vcl confilio ex c\3xo%.bomicidium ver/.aut vcrofunt plu- fti farinae.qU'96.num-i Z.&ftqq.eanf. i ^S.num.ij.Cabal.rf-' /ol.Crimin. 1 9 i'HUf»»i.& ftqq. Francifcus de Gambis Fifci , 3 R eimendd^ Cam. Apojl, Pro- cumtorCeneralis . lUuJlrifi. & '^uerendifu Tiomim V R B I S GVBERNATORE In Criminalibus . Romana Excidij. f ^ O Fiico. C O N T VI ^ D. Guidonem Francifchinum, & Socios . W— — 'I 1 I I I.I ■ ■■ » I I Fa{Iii^ Juris, Domini Procurators Fifcalis Ccncralii. Rom« ) Typis Rcu. Cam. Apoft. 169^- Romana Homicidi j cum qualitate . mrac *r R ^„ mc Pirtf^ i^ Voniam ( vt «uditom-» . OC IVeU. UnC. \J fyjj ^ procipu* dcfeofio Domini Francefchini inquifiti conlillir in prxreafa Canfa hono- ris> ob quam motus fucrit ad delinquenduin Fifci propterea par* ces funt huius infubflftentiamoftendere • Vt dcbita poena pleda* tut adeo atroxi & en^rme deli^am . Examinanda itaque aflfumb fundamcnta, quibus aflferca honoris Caufa inniri potcft. fugam fciticet iniclicis Vxorisi Domo Virt. vnacum Canonico Caponfacco, cum quo in Hofpitio Caftri Nout capta fuit> & praetenfas litterasamatorlas in ProccflTu (uper dlAa fugaiSc deuiatiotie inferras ex quibus prstenfa Vxoris ^oho- neftasdcfumitur cunialiacuinu]aeaindiftoproce0u, fiot om- nino Isuia, vel asquiuoca, vci non probata » vc etiam coUigl po* teft ex dimiflione Franciics Vxoris cum CoU cautione de habcn- do Domum pro Carccre, & D.Canonici cum triennaii rciega* tlone in Ciuitatc Vctula , quas vtiaue oftendit nuUam tuiOe 4 Bi- jTcoin codem Proceflu acqui(itam kgirimamprdbationem inho* neftatiSj &prxtenrx violanonisfideicooiugalii, dequa fuerac per inquifitum deiata . £t quideoicx defentionibus tunc fidis , itntno ex ipfo Proocffu lor culentcr apparuit iuftiffinia cauAi , ob quam infelix Pueila mota fuitad arripicndamfugam , dDomo Viri , vtad propriosiarcs rcmcarctt ficapud Parentes quietam, & (utam vitam traducerer. Notorisquippe AintaltercationcsftatimcxonaB obrei £itnilia- ris anguftiam inter di^os mifcrrimx Pueilx Parentes»& laqijiifi* tum>eiurque matremt & fratres ijfdem fruOra lugentibus (e fuif- fedeceptos fab fpecic non intiniasopulencie ob fuppofitum>» anouum redditum fcut. fyoo* qui prorfus infubfiaens detedu) fuit adeoutdum moram in OomoSpooninquifiti traxerunt in Ciuitate Aretij aded male ab ipfo eiufqvc Coa(anguincis habiti fuetint , vt poft paucos mcnfes ab eadem recedcce , ac ad Vrbcm ledirecoaftifinttotoque tempore, quo conuixctant continue intetip^ vigaerintcontcntiones, « qu«rimoni« » obluftum dolorem decepiioUis, q;Uam paffi foeraat ^xcitatsc , vt conftat ex EpifloUs Abbatis p*uli Francefchini eaipfsfuppcwjcotibus ad de- fenfam pondcratis per D. Procuracorem Gharitatis , & indicant!- bus malum aoimum,vfque tunc aduerfus infeiices Parentes con- ccpuim , & fignantcr in iila fcripta 6. Mastij ibi i Tomo dfcriueir d y.i. che non voglio imitarlo nel moio di firiuere non effendo ia par fuo fcminarc certe parole nelle lettere, che meriterebkero rifpofle difatth e non di parole , e queflefono offsnfme dfegno , che le conferuo per fuo limprouero, e mertificathaei & infra ibi; chefe lei ti datddeguatiche nmtredo mai ) non ne refierebbe efentenepur lei: fUfficicos aurcm ex Epiftdlis rcfultat probatio . vt monent Gabriel tit. de confefs.con* ' /^ cluf'l' [lxixI c/k/*.i • »«w.54« farmacc, tonj". trim. 24. ««». ai. Matth. Sani^.dere crlm. contr.iS. ttum.26. &feq, 9^contr.'jT.nuni,%.Sperell.decif.69. £t licet ipf^ non parificent qualitatem aitercationum* tameoi vltra quod aliqua: prsfeferunt qaarimonias adco excreuiffe > vt amari- tudines in odium excrefcerent , vt conQat ex Epiftola ftib die 1 2. 'Februarij 169+. ibir majentendo dall'vna , e I'altra parte crefierefnL* hro V amctre^x^e fernon dirgl'odij: facil&fuiflet Inquifito>& O.Ab* bati cius fratri p xhibcndo literas eidem fcriptas. vt apparet ex tc- notc diftae Ediftolx ibi : lo pero che fento cbe il nemlco di Dio habbia meSJe amare^Tie tra loro, d conneneuolc; che io adempifia con y.S. at de- bito ({ir//po^ vrgct contra occultantem prsBruoiptio vcriiatis earumdem* & iftzCaufa: ob quamcon- qucrebantur, Sa altercabantur > vt in fimilibus rcrminis tirmaiiit Ttpta in Somana ,feu T^eapotitana liberationis a tnolefijjs zy. Februarij j<50o, §. eo mtigis coram EMinentiffimoCarditMli Caccia, ^in Komana TPecmiariafuper exhibitione zi.Iun^ i($94< §' clarius coram i(. 3P.Z)* Mato . Qux tamcn fpecificatio pcflimorum tradaruuoi crga^ ParenteS) quibus ex conuentioae dotali fuboiiniftranda erant ali- tnenta habetur ex depofitione AncillaE data in Summ. num.u quae vtique fi legentium commiferationcm extorquere apta cftiOtui- to magiscredibileredditur ex huiuimodi peflimis tradlationibus fummopere exafperatum fuiflfe animum tnifcrrimae fponfae Tuos Farentes ita vexari fruftca lugentis , imo etiam lugcie ioipc- ditx. Kcditus ad Vrbem eorumdem Farentum quanto, & quidem iuftif- fimo dolore aftccerit miferrimam Pucllam 1 5. xtatis annum non excedentem, omnibus notum efle poteft * £a quippe omni auxi- liode(tituta> maritaii feuecitati expofita rcmanebat, ob quam fe quotidieinvitxdifcrimineconftitutamtimebat; Sx. fruftra tenta- to recurfu ad Rcuerendiffimura Epifcopum , & D. CooimiflTa' num$«i«m>;t»w.2. fruftr^ueinterpofitione nobHium virorumt qui priuseciaminutiliseuaferat, vtconftat ex dida £piftola6. Marti) ibi : Ma che rimedio pojfo daruiio , quando tanti Caualieri amo* reuoti d'ambe le parti fento p fiano frameffi per comporli, e non It iforti- to: Non aliud Qbi remcdiumfoperelfe puraueric . quam fuganur arripiendi e domo Viri, & Patrios lates repctendi ; Quz propte- tca vtpote cxccutioni deinandata proeuadcndo vice difcrimine > nullum inbone(latis,& violatas coniugalis fidei prxbere valet in- dicium , cum ad caufam omnino licitam potius quam adcrimi' nufam (it referenda, vt per Text- in cap. in panis de regul. iur. in 6. monent Handed, conf.iof,. num.60. lib'i^Crauet.conjil.i. num. 2. & €onf. J 1 9. num. i . .Andreol. contr.66. num. 24. Mafcard. de probat. cm- eluf.Si4. num.jt vol.z. ConcioU aliegat.%y. num. 2^, Vrgcoteciiam alia Caufaobquam Patrios lares reperere ftuduit, Paternx, fcilicct infirmitatis, de qua in epi(tola,in qua infinuauic non non «]tpeaan(fann cf/c focietatcm D. GrcgoTiJ Quilichmi fcfo etiam circa hoc rcnnitteado D. Caaonico> vadc bcneiofcrripo- tci\, quod ex cauHs iicitis dc fuga agebatur . Nullatenus verb fidcodum eft EpUiolsabeadcm Sponfa confcri- pta; O. Abbati Francefchinojn q aa illi gratias agit quod ipfam MairJmonio lunxcnt cum inquitito eius fratre . ac profitetur , quodpoft Genitorum difceffum oninino tranquillam vitain_t duccbat cedaiKe illorutn pcruerfa (cdu(^ione,qax ipiatn a Viro nlienam reddcbat j.& dercgit pe/Iiinuin confiiiuoi ipfi traditum totam Oooiuai pcrdcndi . Ipi'a iiquicjcm Sponfa ingenue in fuo conHituto farerur cam confcripfiflfe, vc Inquifitoobtcmperarec ^odcfigoantc Apices, ipfaquccalamum (upe^ induceme , vtex particula conHituti cioidcm data in Summario num.j. Sc lane Tb* la Icdura diAae Epiftola: taleo) inferii horrorem > vt incredibile litiquod infelix Puella,nin mctu per virum iiiatumcoada taita fctibcrc potuerit in pernicicui > & dctrai^ioncm proprioruoi^ Gcnitocum. ddqucin cfFedumeadem dacur in Summana «/<- mero 4. luOior ctiam euafit timor ob qurm mota fuit ad fugam capien* dam infclix Puelia ex mota perPatrem Inquifito lite lupdc nuHiratc conftitutionis dotis * vtpote fa&x ex falfa caufa , quia crcdebatcam Alix promittere > qualem non eflfe agnouecat ex fcuelatione per Matrcm facta , quod ad decipicndum Virum > ftafCcndoseiusCreditorespartum fuppofuidct; Cuok eniQu« omnia bona fuiflent in dotem aHignata > 5c quidem confpicui valoiis infpcda qualitace perfonarum motafiiper iiiis per Socc- lum controueriia vtique grauiflimat Sx. Capitalis exorta timeri poterat inimicitia per quam coniugalis pax, iam diu pcsceden- tibusaltercationibusturbata* recrudefccntibus odijs > prorfus ciiminatareipaneret. Hunc cnim cfFc^Sum parere lites lupet confldcrabili quantitate , multoque magis fuper toto aOe mo* tas quocidiana expcrientia docct > Sn. tradunt Gramaticus conf,46. »H»i.4. Crauett, con^U'i^.num.l x.Soccin. lun. conf. 7 j. num. 14. "»»<;- /«»r.3. Deeian. trail. CrimaaL lib^j. cap. z^^nttm. 56. & 57. f er- migltol. confit.^ z i . num.^ . Farinac. qmefi.^^' num. 2. Adeoquecum tudus tixnor con(idcreturpca(atis per prudenceai ludiccmcircumQantijs Perfonarum * 5c temporis. vt ex Text. in l.metus aufem Caufa ff.exquibus catif.. mahrClof. In cap.Pen. de his , qua cui metufu. Cauf. monent Far if. confil. 5 %. num. 60. lib.^ Jdenoch, de arbitr. caf. 1 35. num.i. Mafcard. deprobat. concl.io^ i . nutir 21. Cartar, decif. Criminal. ji.Hum. y^.optimi Mogolon. dc^ metucap. 2- §.7. »»w. 1., &cap.7. num. l. verf. turn quia; Af- firmandum omnino in cafu noftco eft eas tales rcptiiandas * vc non modo PucUa cenerae aetatis > qualis crat infclix Sponfa^ omni auxiliodcftituta , & cxpofita icuetirati Viri^ qu£ illara jgneo breuiori fclopulo appetierac juortem ipti uninando ob Icuiftimam fafpicionem 7 (edanawis coQitaatifnoaafsminafe A 2 itk ItxxiJ in contiouo vitsdircrimindconfiitutatn rufpicaripoflret, fibf> ?ne praecaucndi neceflitareiu agnofccrt't , quod H quscumque laufa etiam opinata rufficerct ad illam cxcufandam > vc per Text' i* I. babititores §. finid. ff. heat, firtuat Mogoton. de metu tap. 7. num. i.Farinac.quxfl. n^.nuiH. 6j. , & S^^^num. 196. J). Canon. I{aynald. infmtax. rer. crimin.tom.J- cap, 25. §.4. nu. J 4* vbi quod fumcit videre figna > & a^us manjfcfl« voluntatis > vd pracparatncnta . Quaatd tnagu excufabilis * & comoiifdra- tione digna ccnfcri debet dum ided vrgcns , & vndique vcrifi- cata concurric Caufa , obquam id. fugicndum motafuit> vt aduertit d. Mogolon. tit. 2. $. 6. Vbi quod folus vifus armorum , licet habens eis nonvtatuc, ncque cacuagineteft iuxta caufa metus produ£liua . Kecinhoneftatis , fc violate coniugalis fidei prxfumptio infurge> re valet ex focietate D. Canooici Capoii(acchi>cuin quofugam arripuit , obquam ipfe fuit ad tricnnalcm ^elcgationcm in Ct- ttitate Vetuia damnatus. Cum enim> vt didumeft > infelix Puella eflfet omni auxiiio deftituta , proprizquc actaf is , fuique A:xus> Sc ftatus ratio non pateretur, vt foia , vcl in focietate ali- cuiusvilia mulicrculs periculofo itineri fe commiitecet > uo domeftica difcrimina fugiendo , iocaute fe grauioribus perica- iis exponerec, prout contiogere potuiiTet , fi per virum fola^ fuiffec in itlnere deprehenfa I necaiiuoi tutioreminuenire po* tuerit Co(nitC(n> quam ipAioi D.Canoaicum amicitia coniui»> dam cum O. CanonicodeComitibus» qui licet fa miiiaris, & confanguineusinquifitieins (latum magna com fniferatioa vc tradunt Bald, in l.fiiium num»\. ff.de his , qm fitntfuivel alien, iur, C^ M /. I . num.1 S.C.de ijs , qui accuf^ non pofs, Menoch. de prafump» lib. 6. prtefumpt. 54. num. zi. & i3' de arbitr, lib. 3,. caf, 89. num. 33. £aqae vlterius exclufa temanent ex modo t quo fuga fuit execu- tioni demandata iter ad Vrbem artipiendo redo tramitci & cum maxima celeritate. Si enim expendeodx libidinis caufa cum eodcm Canonico AmaGo ( vc alias fiiiteidem obtcdlum» &modoforfan animolius adaffedandam honoris Caufam re- petetur) infelix Puella fugam arripuifler . vel rooram traxiflet in aliquo loco extra publicam viam in quo per inquiGtum^ d«pteheadi non potfct , vel non acceiTifict cum tanta celeritate ad Vtbcm > nifi veri id peregiflet Pattios lares repetiiura > iilj qua vita; , atque honoris fecuritatem aflequi fperabat . Nimis quippe imprudeos fuiffec Amatij confiliura traduccndi Vxo- ccm aDomo Viri ad locum , quo fuam cupiditatcm cxpleco non [lacxn] non poiTet , qus foil ittaerifitnUi'ttido fafliceret ad oftenden- dam veritatem Caufae per Vxorerai in confticutis addudlx > quod pro vitando Vita? difcntiiiae in quo fe conftimcam timc- oatfugamarripuic . vc ad Parrios lares fe conferret opem pras^ bente > & aflbciance Canonico ex tnera comoaireracionc > 8c omnino falua honcflarc$ veritimilitudo fiquidem fempered potifnme fpedanda ad arguendum dcii^um » vel illud exclu- dendum, vt tcadunt farinac. defalf. &• fttnul. quaft.i 5 j. nUm.tyS. ^ fiqq.& conf.6o. num.i%.& il.Cabdl. re/oh crim'm. cafu J 99. num.} S. Conciol. refol. crimin.iYMUtn.z, & feq, f^ermigliot.couf.J 1. num.%, &• conf.266. »»m«io« Minufque fubfiflit altera m fundamentum aflertae Caufae honoris, quod alias fuit per inquifitum conftitutum fuper pretcnHs lit- tcris amatoriis,qua! per tniferrimam Puellam fcr.pta: prxtende- bantur Canonico. nccnon ex quibufdatn abeo fcripns, rcper- tis in Latrina Hofpitij Caftti nout in qaam.prsiedtas adereban- tur ad ilias occultandas i Vltra rcfponHones quippetunc rradi- taspcr O. Procuratorem Qiariratis> non probatae identicatis caradctis, & incertitudinis, cum non appareant, cui tint dire- df ^ qua; forfan admiflfae fuerunt cum nulla poena fuenc eidc-ot Puellx irrogata , 8c Hmpliciter dimiiTa (it cunt cautionc de ha« bcndo Domum pro Carcere> quamuis iofpedocoruoi teooro pixfeferre videantur , nimiae beneuoleutix figniticationeao , tamen ea pocuit per eamdem fingi ad alliciendum D. Canoni-* cum reluCtantcm , vt ipfa fatetur in fuo conftiruro ad e^ auxi- lium prxbendum in executione przmcdiratf fuge ipfam ad Vtbem affociando, conftat enim £piftolas fuifle ad hunc finem cxmtzs Shvtm^ num.%. Adeoquecooaoiiflerationedignaexifli- mari debet miferrima Puella ooani auxilio dcftituta, & in di» fcrimine vits poHta . fi blandis > & forfan amatorijs verbis alli« cere tcntauk D> Canonicum. quern aptum credcbat ad ei opem ferendam, nee ex dd. EpiOolis ad eumdena fugs finem confcri* ptis mains violatx pudicitiz fumi valet arguinentum> quam ex ipfafuga; nee nouumeftcaftiflimasf^minasfimiiibus artibus quandoque vti ad licitum finem vt in lacris paginis , fecifle le- gimus iuditra ad decipiendum Holofernem, vt patriam libera- ret . Id igitur facerc potuit infelix Puella, vt mortis periculum cuaderet abfque vUa iniioneftatis nota . Accedente prxiertim confidentia> quodhabebat* turn proprias continentisB , rum integritatis eiufdem O. Canonici de qua de- ponit Teftis dc auditu I D. Gregorio GuiUichino pan'tcr con- fanguineo » ( vt mihi fupponitur ) inquifiti in dJ Ac ptoptCfcacumoJhil tualtpoflet didla infeiixPuciU fufpicarti (bciet»tedid^i D*Canonici>occaltud rcmediufn aptiiis haberet» vt fuam prasmeditationem excqucretur . tcacUtus habitus cum codem pec Eoiflolas excufandus c& i vtpot6 ad huac Ancm or* dinaru$} quaoiQis aliqua in illts legantu;: verba amaforia , qua; potius olSciofa ,&adcapcandambeaeuokntia(n appoGtacen- (etl debcQt , Sc kmpet cxplicanda (ant iuxta intcQcioaem pro* fcreatis , Vt ex Text. in cap. intelllgentia , &• cap. profaerea de var* bar. fignific inonent Surd, conjil. 4J \ . num. 3 $• cum alijs relat. per Molvh de rit. nupulib.i. quafiti^. Hum.^o. Accedcote infuper participatione D. Canonici de Ck>mitibus no* bilis viri » & alfinis O. InquiGti > Sc huac tradatum promoucO' tis ) qucm incredibile non eftillius hoaori infidiaii voluifle_» , iie4fantuiDn ex caufa comntireotionis infelicem Puellain ab imn^iacnn inorti$peficulocrJpete; Talis autem participatio elucetex ipGs epiftolis , qus ab illo coofcriptse prastendua- lur. Lcuioris ponderis funt alia prstears inhoneftatis iadicia dcAim* pta exacceflu D. Canoaici ad doaium InquiHti no^urno tern- pore ad effedum alloquendi chiu vxore occifa , deofculatio ciufdem 111 itincre 9 dcqua dcfooitfrancifcusloannes de K.u- bris Chili; > vujgo CaUjfe Dudor , & prstenfa eondoroiicio itLt eodcin-Iedoin hofpitio QA^ti Noui. Vltra dckdium (iquidem ptobatioois refpeclu primi , vtpotd refuitantis ex dido Vnici tantikm JcAii Marias Margarite de Contentis* qux paiicur rclc- uantiGlaum cxceptioaein puhlici tnetetricij, & tanquam vnica nihil probat, vt refpedu merecticiaequalieatis monet Text, in 1.2' §. legelttlia , ibique Glof'perbo palamff, de tefiibus MarftL con- fiLioz. num. 9.Vermigliol. confiU 408. num. I. Crot. de Tefi. part. 3. mm. 46. Varif. confil. 67. num. 80. lib- 3- Mafcard. de probationibus concluj'. t^6i'nnm 20. Et refpedu vnicitatis , Textns in cap, ve- niens , d" cap, licit vniuerfu de Teft. Farinat* de Tefi. quafi.64.. n. a8. €^ 3 J. Vermigl. confil. 146. num. 3. H. Cauonicus Raynaldus in Sin- tafs' rer, crimiu. tom.i, cap. i. §. lo. num. 118. Cum talis accetTus etfccordiaatusad licituro fiMm fubtrahendi miferam Puellam ab imminenti morris pcriculo * earn ad patrios lares ducendo non eft trahcndus ad iodicium iliiciti comtnercii,cum Tola pof- iibilitasadhunce£feAumfufficiar, vtiabonam partem fitfu- mcadus , vt per Text, in I, meritoff. pro foe. tradunc Henoch, ton- ftl.S^ nttm.7^,Sutd.decif'$S,»um.4.FermiglioUconf.iji.num. 27. ^(onfil,397. num.1 1. l{ota decff.lo6» num.7, par.2. dtuerf. Maiifnecum ipfe Teftis de tali accclTiidepoaens referat de audita 4 dido D. Gregori'o Cuillichino , quod erat ad bonum finem, & quod nihil maii iatercedebat inter O. Canooicum , & occi- faoi } qui cum efict melius iafocmactts, vtpoce amicus* & con* Tan* fix XI v] Sanguineus Inquifiti ( vt mihi fupponituO omncm contranim fufpicionem eitcluditj cui depofitioni coofonarc videcur alia^ ipiiu3 D. Canonici Francefchini fratris InqutHci , qai intecro- gstus an fcicct inter 0* Canonicum C^ponracchiuoi , 6c fpon- iamvlUfamiiiaticas interoederct, refpondic— ^4ejl» nonhaue- ttamo m^ifapato per IHotnttoih m^Lfeguito il ratto la Cittd dice, che fri tjjivi paffaffe affolutamente qain) frater . omncfque dch meftici otnni Audio inaigiiaiicrinc pro cius cuftodia , itauc ipfis JnnotuilTet didus acceOus (i veri, vt fuppoaitar* frcquens fuif- fec,& ad malatn finem ordinatus . Sodeoique dcfedu probacionis lab»rac pra^tearii niucuftdeorcula^ tioid itinere , dequa deponic TcClts vnicas> cuius omia ant* snoficasexeiusaflfecciouedetegitur, dum id viditfe affmit'oo- durno tecnpoce non (eddira fcteniia cau(a» quod, fcilicec , ttinc Luna luccreu vel alio arcificiall luoiinc > tencbras no^is detKt- }ente, id videne potuerit , qua catione nOn rcddita , fideni naiu mcretatt -vt aduertuut Burfatt, comfil. ^4. num. 6. Farinac. de Tefii quiift,66. ttum-iS Giurb' confil* criwin, 37, num 4t. Paiidor. J(ip./M p-aSi. de noil, temp cap. S 7. «»!»• 7> €> feq» yermigliol. confil.j^, »«. i . J)» Canonicus RMnald, totn- i« cttp. 11. $• 8. ai 13. num. i.fot. ; pi. Addira infuper maxinia inuerifioiilitudine > quod dum Chi- iium dnccbat » Sx, quidem ca vclocitaee. vc potius vclare, quim velocitcr prdgredi videretur * rctrofpicerc potuerit» & oturuam deofculationem videre , que parirer iauerifimilitudo fidem illi adimit » iuxtaea quxtrjdunc Parinac. confil. ipi. num. 60. infitu yermigliol. tonfil.zo^ num.24" ^ con0,y^. num.^ Omnemqac ptxtcnfae inhoncftatis rufpicionem cxcludere apca^ cftaflTertioeiufdem mifercimaBPuella: fada in arriculo mortis poftpluralxcaliavulnera eideoi illata ad requifltionem Reli- giofarum perfonaruoiAaltaraai I'pH mini(irantiuai,quod nun* quam defecerat fidei coaingaii > fempcrquc €)im omni caftira* le, & pudicitia fe gelferar.vt ex iurara arreftatione, ibi— Come in Mcafiotie , ehe cifiamo trouati prefenti , efiawo ajjifiiti all'vltima infirm niita delta quale i morta France/ca Vompilia moglie di Guida Frante- fcbini , ejfendo la medemafiata piU volte ricercata da "Padri fpirituali , &• altre perfone,fe haueua cammeffo tnxncamento ale una al detto Guida JUa maritOtper il quale gl'baueffe data occafiene di maltrattarla nel wo- rfo, ehe fi vedeua . e farla maltrattare a morte , /* medema fimpre hi rifpoflo , che non bd in alcutt tempo eommefo mancamento alcuna , ca fempre e vijfuta con ogni cafiiti » e pudieitia i Et oiagis prxcise dcj hacconftanti affertionc deponie Ff.Caslcftinus Angclus d S.An- na Ordinis Difcalceatorum S. Auguftini in dida atteftationt* fubfcrlptus ibi • U qual fempre dictua , che Dio gli perdoni in Ciek , eon< eonforme hgU perdono in terr* , »d per la canfa the m*oppong(HU » fi* no innoctntiffima a fegno tale* cbedUeMa,che -Dio di queflo peccato no» fie lo perdmaffie, perche uon-t'^tMuafatto-* Qux (ane aflfcrtid lO ac« ticulo morns cmiflaomnemfidemmcietur, cum nemo tunc tnentiri prxfumitur, vt ttadunt /fttta nnfil. ay.num, i3. lib. ;. Calderin. conjil.i 5. tit, de vfur. Meiueh. de prafinaptJib.i-pr£fmnpt. 5. num.7.tSrj'eqq. & in prscifls terhiinis folpcAi dehcrcfi. quod huiufmodi fufpicio tollatur d in articulo mortis dicat .^ & pro' teftetur fc vixiffc , & vcUe moti , & crcdcrc fecunducn placila^ Sands -Romans £cclefi« . I>ecian.tra£i. crimin lib, ytit.dedef fenf Seor»(ap.i7,nu, 17. vbi rcfcrt opioioneai Mberici in Rubric. C.debanu ehcafiaemverf.vkanonota, afleientis ex iiac prote- flationc faAa coram Cardiaalibus dcfenfam fuifle meniotiam-. Bonifacij Paps , & ipfum Albericum ex ea dcfenditle Galea- cium Vicecomiteni Medio lani • £t maximd dum omncs praE* fati Tcflcs conueniont mifcrrimam hanc Puellam obiific cuia.* naxima zdificatione addantium » fcmpcrquc gefllfse adus ChriRiana pcrfcfiionis . vt in di€t» atteiUiione ibi^ eper hauerU veduta fare vna Piorte da-Santa . £t in alia diCti Patris CxleQinl Angel) praeteritifc vitx innocenriam ex adi bus ante obitum gc* ftis argucntiSi qus omnes dantar in Summar. mm.6. Ccterumquatenus etiam tam exdida fuga , quam ex repertis lit* teris • vt fupponitur , & ipfarum verbalis tenor prafefecre vide- turamatorisaliquamdeinhoneftate vxoris potuifset Inquifitus /ufpicionero conciperefi quxiuOamiiiiusiram ptouocatevo* lutfsct ; Nullatenus tamen cxcufabilis redditur aded truculenta vindida* poft tantum tcmpocisintcruallum fumpta , nedum de ipfa miferrima vxore* fed dc omnind incautis > & nil tale me- xentibus eius gcoitoribas > & cum adeograuibus circumftantijs deli^iumextollentibus , quominus poena vltimi fupplicii plc- Qendus 000 efsetfi iilud fareretur . Quamuis cnim iuftus do- lor violatz coniugalis iidef maritum adulteram vzorem occi* dcntcm poenam temperarefolrar, nam de totali impunitate am- pliiis agendum non eft poflademptam liccntiam proprium ho- norcm nece Aduiterij vcl Adulters vindicandi , vt monent fe- //«. in cap. ft verd num.3' dt fentent* excommunic. Imela in /. quid er- goS.fibteresnum.^.ff. delegat. i. Mantic.couf. 241. »«m. IS. in fin, lib'it Oldendorp. "Par. leil. ad lur. Ciuil. interpretat. lib. de -pfucap. tit* de adult, num.i. in fin. pag.ipS' Baccon. ad Treuul.'Pol»nt.z.difp» B2'thef6. litt.C. yerf. idem conceditut pag.i 177* Caffad. Rittefch. ad 7(ouell, lufiittian, par.iz, cap.^. num.8, pag. 677. Matthiaf. Stephan. tdnoueU,\77* num.zo. pag.609. Attamen ad euitandam teg.Corne* li* de Siearijs pcsnam , camque temperandam > fcruati debent omnia rcquifita i elar. per jtngel. de malefic, verf.che hai adulterato la mia Donna num.8. &feqq, j& per loann. deTeitops in trail, dt.j Inr. otciden, Prthenf. in adult, par.unum.^^. &feqq. Pracipuom aotem > & iadirpeoUbilc requificum cfti quod Vxoc fit [lxxvi] fitinadalterio deptahcnCa» vrper Text^ittL^Hod ait /«A.s|j ff.adleg, lut, de adulter, ibi : "Poluh enitu itd demum banc pote- fiatem Tatri competere , fi m iff* turpHtudine filiam deprahendat labeoquoque probat > & Pompooius fcribit in ipfis rcbas ve- nereisaepcxheafamoccJdi > & hoc eft, quod Solon. &• Urago dicunc erpUcat ibi Glof. -Perf.in ipfis rebus , & tcadunt Bartol. alij- que interpetref, Salicet. in t. Gracchus C. ad leg. lul. de adult. Angel, de malefic, dicio >erf che hat adulteratt) la i»ia Donna num.S. &• 9. Caball. refol, crimin, caf. 300* num.zi. *9'»^3 ?• Matth. San^. dc^ re criminal. contr.ii.num.i^,& feq. qui Text. licit loquatur dtuf Tatre > multo magis proccdit in Marito > cuius ira ficilius con- tra Vxorem accendi poteft (iaiflra , & faep&iniufta fufpicione^ de ea conccpta , & qui non fcmper bonum pr6 ea coaGlium^ capere folct > quod Patrem ex indindu naturae facere lex praeru- init.vtmonct Text- in I. nihil interefi ff.eodem folum excufaos Patrem fi vna com Aduitero filiam occidat » vcl lartalia vulnera eidem inferat . Idque eft adeo verum , vt non (ufficiac V xorem fuiflfc reperranvjt in aAibus rcmotis , velprxparacoiiisadadnltctium, vt cona- muniter lirmant DO. & fignant^r Soccin. in cap. peruenit n.i6%» turn duobus feqq. deSent. excom, ilancde luiic, num.69. Decian* traii. crlm.ltb.g.eap.^. num.1 %. Tdofan-fintafntt lur, lib'}6, cap.6. num.j. lauretit, Kirgheu, com.opin. cent. prima concluf.^. verf.adHl» ter. an probarciur circa medium .Anton. Mart. inComment, de^ crimin. ad lib.j^i.ff. eit.j. num.16, affirman* yvtpian. verecundiai Caufa pancis , & fignificantibus verbis vfum cflfe quibus oou^ nifi quiotam amocis lineam imelligere pofiit Fariuac. quaft.iii, nim.^%. circa med.verf.Credo voluerit lot Teitopfi de Inr. occid. pre- benf. in adulter, par.i. num. 1. litt.I. cuius verba referre opportu* num cenfcocum ilium D< ludices forfan przmanibus non ha- beant fie itaque verba didii Text, explkat ibi" Slua vtique ar» guunt non J'ufficere hie adtdterij pr£ludia , fed requiri objcenam^ membrorum Commixtiouem &C' & poft relatas Dodorum Au- thoritates fubdit -• Idque tlarius apparet ex verbis folonit relatit i Luciano, in Eunucho ante finem ibi " nifi if mentiuntur , qui turn aiunt deprahenjum in adulterio » d* deinde reprobat opinio* utm .Accurfij afereatis fugicete adulter ij praludia , tr in §.fecundo pofi relatam conciliationem » quod fcilicit eius opinio intelligi de- beat de jprjitudiis proximis , ita fitam explieat Sententiam ibi ; Sed proximis, vel in cafit cofit* litterit i», de prmfitmpt. vW ex dtfrabettfione folius , & nudi cum fola , &* nuda in eodem leSlo iacentit viotenta., & certa fbrmiatiottis fufpicio oritur ex qua Sen- tentia diuortif promulgari po0. .Attamn ne violentam quidem* fufpicionem hie fufficere luruientir oftendunt leges fi^litt.l, addu- iid ntque enim bttc inuentio ef irera in ipfo aSu .Adulterij rfe- prabenfio, & exeaufa ciuiliin di^o cap. litteris ad plentm .ytdul- terii probationem in Caufa Crlmmdi fraud firmUir arguitur &c» CUM [txxvii] eunt nemo ex fufiachnihus damnarl , nedum occidi queat lege ab' fentem f- de pttnisquin , & ifia violent^ Jiijpkh Hon eft indubita- tum indiciHta ad probatiomm , quale in eriminuL requiritur leg- final. C. de probationibus , fed immo fallax ejf quia talitir inuenii potuijftnt fie agere , vt adulterarent , & tauten non adulterarint , ft loquuntur Crauett. &c. Solumque dc pxna temperanda agendum eHct , fi D. Inquifltus in a^u dcprashenrionis Vxoris fuginua; in Ofpirio Csftri noui cam cum D. Canonico illam anbciantc occidifllbt , at com nr- glefla vindi£ta fadi malucrit cligcre vindidam luris , vtiqao non potuit illam exinteruallointcrficerc , vt per Twf. inl.quod ait lex % final, ff. ad I. luliamde adult. (irmantCm non poflfe vin- di£laim poftdicm difFcrci traduut .Angel, de malefic. diSo verf. eke hal adulterato la mia Donna num. ii. in fin. farinac.qu.\ts» mttt.4oi. afTcrensirain praxi fcruari n6 dctur aditus le vlci- fccndi propria Auth.fSrconf,\i\\ipertot.t^fig»antir nunig. & feq., vbi confutat Bertal^ol. ctnf.^2. parificantem cafum dc- prachcnfionisinadultcriot tit quod Vxor de illo conuida fit itaut non valeat de eo dubitiri ,ftrC fit iniufta , vel nimis faci- lis fufpicio Viri a/Iignans valid»tn difFercntiae rarionem , quia_» iuftusdoioriramcxciiansi que viri mentem rurbare folct ve- riflcatut in aAuali dcpraehenfionc Vxoris in adulteno, & >n-> aAibus proximis noncx intcroailot quamuisiulta fiteins fa- /picio , adcoque leges Maritum cxcu^ntes ex Caufa lufti , & inconCuJti dcloris , vt in l.graccus ad I. luliam de Adulter, er in i. nee in ea legef. eodem extendi non poflunt ad vindi^am ex in- teruallo fnmptam. quia tunc nee impetus doloris > necincon- fultus dolor verificatur, &. fcdatoanimo homicidium patra. tumdicitur- Quod it ad reftcnandumimpetum fziiientis do- loris, ne propria authoritate MaritttSTindidtsm/umat non cx- cufatiit a p;na legis CorneU d» Stearns V\ Vxorem t% interuallo jntcr/iciat . quantb minus exculandus erit fi elcAa via publicx vindidz per Carcerationcm Viioris, & prxicnfi Amaiij longo inrerie^otcnoporis rpatiocamdcm vnacum tsM Genitoribus aded i mmaniter trucidauerit . Acccdiradcxafperandamp^nam, quodrefpcdu in£clicium Gc- nirorum nulla Aiberat luftl Caufa cos occidendi. nifi prd tali codfidcrari velir lis mota luper refciffione Inftrumenti Dotalis ob OctcdumPartum fuppufitum > qua: potiu5 delidlam extol* lit.ad atrocifluttum Crimen Ixfa Maieftaiis ob omnimodaoiu* fccnritatem,, quam Pontificia Maieftas litiganttbus in Vtbe p(«bcreyolait> vtexnoia Conftitutionc AIex> VI. §•!• inj> princ. ibi ; Horrehda in vmanltate- dttefiandaque feuitia mortenu fitientes aliorum: dc in fine ibi : in Dluintt Maiefiatis o^enfanu JUKifdiHidnif, & autboritatis ApofiUictt lafionem : & §.4. cir^a medium ibi v. nihilominut , €f BAHditi$ at infames , &• inhabiles habeantur, Plurimum quoque confiderari mxretur qualitas adco inhumane necis in propria Oomo patrata; , quas debt't efPe vnicuique cu- tiffimum habjtaculum, vc per Text. /» I, pleriqitejf.de in lus vo- eandot, &■ in I- nemo loi. jf. de regut. lur. ibiquc "Petrus Faber, &• HKerard. ttadunt Farinac. in fragment. Crimia. par.t. verf.Domut num .130. tUr. in 5 . final, quafi. i o . Gabal. c^.i 3. num. to. 3 & clc- ganicr Cicer. in prat, prd Oomo fita ibi : ,^id eft fanliius quid cmni religione Munitius « quam Domus vmufcuiufquc Ciuiutu , hte arte I hie foci, hid dij penatett hie Sacra /{iligionis Ceremonia eon' tinentur - Hoc perfugium efl ita Sanlium omnibus , Vt inde abripi nemineftti nefas fit : Muitoqueinagisrefpedu mifcrrimx VxO' lis* quarinilU detinebaturiocoCarcerisapprobante quoque Domino Abbate Ftancifchino , adcour publica fecuritas viola- ta dtci debcat , & latfa Maiedas Principis cum eadem rado ha- beatur de vero > & formali Carcere , ac de aflTgnato i Principe firmant Farinac, quaifi.^o. num. ^7. Villof. de figit. cap.tS. §>3< num.3. &feqtten. D»Canon^ Rainad.inprax Crimin. tomm\. cap.j, i.2.ad6t num.146. Tandem eft quoque connderanda qualitas Armorum prohibito- rum cum quibus delirium fuit patratum, qu« de per fe pf nam mortis expofcit * quamuisipfuoa Principale crimen eflfetmitius punicndum. vt moncnt Jd»/e/iV detif.^^ per tot. rcfercns iti fuiflfe iudicatum Capic. latr, decif.js. num.2. & per tot» & ibi Adden. num.%. Quar6 &e. loannes Bapti/la Bottinius Pifci , 6C Cam. Apoft. Aduoc. [lxxix] lUuftrtfs, ^ Reuermdifs. D- GVBERNATORE In Criminalibus : Romana Homicidij cum qualitate . T R O . Fifco . C O N r VI A D. Guiduoi Francifchinum , & Socios . luriiD. Aduocati Fifcalh, ROMi£, TypisR.Cam. Apod. i5^8. [lxxx] SVMMARIVM- Uluftrifs. Sig. Padrone nio Collendiffimo . MI giunge la fua fanorita lettera in data del di 24. del ca- Num. t. duco, efpiacemi fommamenreragitazioncjnella quale lEpifioU Domini tai accenna ritrouarfi per le nialedicen2e> che vanno dilTe- Marzimtdict tninando per Roma ii Signori Piciro Comparini > c fua mo- Gubtrnatorts glie intorno k mali cractameoci, che dicono hauer riccuuti Arttini . nclla di lei Cafa nel teinpo> che fono dimoraci in Arezzo, e ricercandomi ella di Hncera informartone , le repfico coa> tutra ingenuira elTere li medemi ilaci crattati da tucta quefta NobiIta,& in Au Cafa con tutto rifpetto* e decorot e la cau« ia de primi diflurbJ* che nacquero era efli > e la Signora flia^ Madre,e Fratelli fii pcrchela Sig.Violame pochi giorni dop- po giuncaui pretefe dominar effa la Cafa , tener le Chiaui di tutco, & efcluderne afFatto la Sig. Beatrice fua MadrCtal che con raggione non hauendo voluto acconfencire veruno de^ fuoi Signori Fratelli > diede motiuo alle prime groffezze « e contefe domeftiche ( s'accrebero poi neiroiTeruare » cheil Sig. Piccro fudetco lafciata la prattica > e conuerfatione del- le Perfonc piii qualificate di quefta Citta > fi vniua con 1 pi& vili, econ effi lore fi diede 4 frcqucntarc giornalmcnttj quante bettole v'crano tW che caggionoa luidi fcredito , 8e a lor Signori poca reputazione . Di fcandalo molco mag- giore fonoftate piii fughe, e ricorfi fatti dalla Sig.Spofalo- 10 figlia a Monfig. Vefcouo, non con altro motiuo , fenon-. che ne efla , ne 11 fuoi Genitori voleuano piii dimorare in Arezzo, ma tornarfene a Roma . Sgridata pcrodaquefto prudentiflimo Prclato, la rimando femprc d Cafa in Carroz- aa . Vero e pero, che doppo elfere partiti da quefta Citti* li Signori Comparini , la Sig. Spofa fi e diportata lino ad ora CO gran modeftia,e fauiezza,da cheprendcindizioogn'vno, che a fimili cccefli la. pouera giouinecta foffc ftata indotta-# da fuoi Genitori , come cUa fc ne dichiara con tutti , dete- ftandone anche la memoria , onde fi vireftituendo nel con- cetto vniuerfale, e di quefte Dame* che haucuano tralafcia- to di trattarla .In vltimo li medemi SignoriComparini haue- uan leuate tutte le gioie alia Sig. Spofaj che gli sforzai i rc- A fti- [lxxxi] Hituirle . Ia fomnia ioQO tali, e tanti li fcanda]i> che hanno che vrfono dimoraci a cutca U Citta»che non gli ne fcriuochepochi,e raccerco> che it Sig. fuoi fiacclli hanno hauuca con e(fi vna fofTerenza da Martiri > fi che vcdendo lO) che erano vcnuci incorrigibili > e la fauo- la deHa Citta i e cne poceuano mettere in neceflita ii Signo- ri fuoi Fracelii di CQmmeccerc verfo di efli qualche eccelTo per regolaldi buoa gouerno) mi volta: a prcualcrmi dciraut- torita} che per (ua graria mi ha daca S. A. S. col minacciarli di priggionia> c caltighi fe non ii foflfcro corretti,doppo que- ile minaccie parendoliforii di merirarii, e che li potefTe iuc. cedere) deliberorono ricornare a Roma > come fcccro poco doppo> lafciaodo di loro in queAa Citta vn petfimo concet- to ; del refto al prefente in Aia Cafa vi c vna grandiilima^ quiete > c la Sig. Spofa viue con Tauiczza efemplare > detc- Aando il maleeiempioichehd di fe daco a quefte Oamc,con- ieiTando liberamentejche li veniua commandato da fuoi Ge- oitori) & a niio giuditio e ftata la mano di Dio > che hd libe- vati lor Signori da cerueIJi cofi torbidi . Qucfto e quanto podb delincatli del mokopiiJ> che viiarebbe dadirle; li tranquiili dunque , e creda i che il difcredico d (lato tutto lo- ro , ne reflaodomi , che foggiungerle mi confermo con (utto Tanimo . Di V.S. lllu/lrirs. Arezzo 2. Agofto 1694. Dcuotifs. ^Obl/gatifs. Seruicore Vincenzo Marzi Medici . Sig. Abb. Paolo Franccfchini . Roma . Dcpofitio Funlifcx Raccontcro a V.S. la CauCa > per la quale lo fono fuggita dalla Cafadi mio Marito, & d che cfTendo tre Anni fono Aata ma- ritata qui in Roma di mio Padre > cmia Madre al fodetto Francelchino, e doppo elTete fUca fpofata al medemoiH trat- tennc in Roma per lo fpatio di due taeCi ienza confumarc il macrimonio 3 epaiTarod. tempo > fui condotra a/Tieme colli fodctti mio Padre > e mia Madre dal fodetto mio marito iii^ Arezzo > pcrchenelli Capicoli matrimoniali ti era conuenu- toi che d. mio Padre i e mia Madre douelfero venire ad ha- bitare in Arezzo conformc fecero>e doppo elTerfi cractenuti cola col^ per lo fpaeio di quatero mefil fe ne panirooo » e fc ne ri- lornorno in Roma per li mali craccamenci « che riceueuano , non folo da mio Marico, ma dagPalrri di fua Cafa , & effen- do lo reftata in Arezzo doppo confumato il tnacrimonio paf** ^aco quaH vn AnnOf ne riufcendo grauida t comincid d. mio Marico, & anco Beatrice fua Madre k volcarfi contro di me > perchc non faccuo figUoIi dicendoiclie per caufa mia 6 eftin* gueua la fua Cafa* e che non G poteua da me col tempo /pe-^ rare rucceffione> mencre eflfo mio Marico diceua d'auuantag- gio dt hauer fentito dire da mio Padre > che in occalione di certa infermita da Ziteila mi haueua daci cerci lemi per me- dicamenro, che quefti forfe impediua di far figlioli > c coiu quefto motioo lo veniuo continuamenteadefler maltraccaca dal fodetco mio Marico* e Socera t beocbe io gli replicafli > che fopra quefto non ci haueuo colpa i e contiouauano tutu via a minacciarmi fulla vhiy & andauanocercando ogni pre- tc/lo bcnche fcnza occaHone per malctattarnii»e poi il mede- mo mio Marito comincid a prenderii gelolia di mejC mi pro- hibi,che non mi afFaccialTe allafineftra > & lo per togliergli queda occaHone non mi afiacciauo mai>ma tato non baftauas perchc vn giorno ftando fopra laloggiaiil medemo dilfejche Ktauo a far I'amore la sh alto fenza nomioarmi co chii& lo glj replicai) che quefti erano pretefii> edal luogo fodetco non fi vedeua )Che vna ftrada fenza rinconcro difeneftra delle Ca- fe) perche fopraftaua d. loggia alii Tetti folamente, e perchc poi il fodetto Canonico Caponfacchi con alcri Giouani del Paefe paflfauano auanci Cafa noAra > e £1 fcrmauano a difcor- rere con certe Donn»cciuoIe,cheftanno in faccia il medemo mio Mariro comincio a borboccare contro di mC) per caufa y che d. Canonico pafTiua come fopra> benche Xo non haucfG in cid colpa alcuna , e tanto piii gli crefce il fofpetco> perche flarido vna fera alia Comedia era molcealcre genci il Cano- nico Conti fraccllo del Marico di mia Cognara> mi tiro alcu- ni confetti , e mio Marito • che ci era ancor lui li vicino fo ne adombro, ma non del Conti, ma del Caponiachi>che fta- ua a fedcre a canto il fodetto Contii ma poi perchc d. Conti pratticaua in Cafa noftra come Parente > prefe ombra anco del medemo, in modo tale, che accortami di cio,quando poi Yeniua d. Canonico Conti in cafa noftra lo mi ricirauo in^ Cftmcra , perchc non haucfle i darmi rnaggior crauaglio , A * «na [lxxxiu] Litt. A. Reccnret minai ob 2c lotkypiam viiidcAou* B Vcietit »{[utiu iKfcire (uihut . c fitent Amifii PoI1cq> tifiJD|& Aadaciam ■ ma mio Marito non R appagaua di cid> ma diceua> che io lo faceuo ad arce>.e che nan gii fikuauano li fofperiiichc hdu« ua cnntro di mCi e rornaua nuouamemc d cribnlarmi per cau- ia del Capoofaccht j in inodo caje , che mi ero ridotta in dif* perationei e non fapcuo come dire, e poi per toghcrgli anco queft'occa/ionepaffando vn giorno detco Caponfachi atianci Cafa gli parlai • e lo pregai i contentarli di non paffarci pet Icuar mc da ranti guaii chericeueuo per quefta caufa da mio MaricO) & efCo mi foggiuofe, che non fapeuadonde elTo mio Mariro caaafle til motiuoymentrc clTo paiTaua di la per altri afran>echefiualmencenan gli fipoceua impedire paflare per Arada> e benche mi promeuetfe di non pafl!arci > tanco con- dnuo i pafTarci) mi lo non mi affacciauo alia fineftra , e con tutto cid il foderro mio Marito non G mai quictaua >e conci- nuaua a malcrarcarmi,e minacciarmi su la vicaj c che voieua ammazzarmi^anzi quandofh la cofa della Comcdia raccon- rata di fopra , cornati che fuflimo a Cafa mi appunro vna Pi' ftola in pctro dicendo - Oh Crifto chl mi tienc » che non ti flenno qui) ammiri bene ilCaponfacchi , fe non vuoi,che ti facci co^i e non ti ammazzi - anzi in principio delli flrapaZ"^ zi fuderri andai due volte da Monfig. Vefcouo , perche ha* ueiTe rimediaco in quaichc forma , ma non leruia nience pec la corrifpondenza > che haueua colla Cafa di mio Marito * Onde efiendo lo in quclla Citta foraftiera , ne fapendo iiu che modo h'berarmi dalli pericolijC flrapazzi (bdetci dubitan. do , che fe non mi ammazzaua con armi , mi haucfTe pocuto auuelenarc , penfai fugirmene , e venire in Koma da mio Pa- drC) c MadrC] ma non fapendo in che modo farmi t vn mefo fa in circa andai a confefTarmi da vn P. di S. Agoftinoj che li diceuauo il Romano > c gli raccontai rucri li miei guai , pre- gandoio, che fcriucfle in tnio nomci perche io non soferiuert% a mio Padre* con rapprefentarli > ch'io cro difperata 9 e cho ero neccfHrata partire di mio Marito -, e venirmene da lui in Koma ) ro^ non hcbbi rifpoila > e coH non fapendo a chi ri- correre per mectere in efifecutione queila mia volonti} e^ penfandofche neffunodel Paere>dper Parentela>6 per ami- citia di mio Marito non mi hauerebbe afli/^ito > finalmcnto mi tifoin parlarne al d Caponfacchi)perche^»//x/0 dirtj/ebt erabuorno rijbluto > conforcne paflando vn giorno auanti Ca- fa mia in teifipo) che mio Marito era luori di Citta » lo chia- mai> [lxxxiv] n»ai, e dalUfsalt^i parhi i con rapprerentargliil perieoloi nci quale mi crouauo anco per cau& fliai e che percid lo pre- gauo ii condurmi qui in Roma da. mio Padre> c mia Madre* ■ni eflfo mi replicaua > che non voleua in cotico alciino inge- ririi in quefta facenda > perchc farebbe ftato mal fencico dv tucca la Cittaitanco pibicheefTo era atnico dellacafa di mio Marito , ma lo lo fcongiurai tanto , c gli difli, ch'era opera^ da Criftiano liberare dalla morce vna pouera Donna fora* ilierai in modo ralc; che I'induflia prometrctmi>chemi ha- uerebbe condorto come fopra > & all'hora mi diflfe , che ha- uercbbe fermato il CalcfTe , e che quando foflc ftato aggiu- ilato nel pafTare , che haueria facto auanti Cafa noftra > me ne hauerebbe daw il fegno confarficadere il fazzoletro, ma c^rcndoci pafTato il giorno feguente , che lo (lauo alia Gelo- fia, non fece d. fegno, & il giorno fuffeguente cfTcndo ripaf- fato come fopra ci parlai nueuamenUt e mi dolfi con cflb > che hauclTe mancaro alia parota datami , e iui /i fcuso, che non^ haueua rrouaco Calefle in Arezzo » & io gli rcplicai, che in tutti i modi rhauefTc procurato anco difuorijconforme pro- snife difare) ela Domenica vltimadel mefe paflTatoripaf- fando auanci cafa fece il fegno col fazzolettoicome haueua decrO) e cofi elTendo andaca a Iccto con mio marico la fera^ , & effendomi accorta » che la notte dormiua mi alzai da lec- to , mi vedij , e prcfi ajcunc robbicciuole di mio vfo « vna^ fcatcolacon molce bagarcelledentroi & alcunidenari , che non so quantifofTeroda vn SgrJgno» chece ne erano anche de miei propri; > conforme apparifce dalla nota tanto delle^ robbc } quanco delli denarl fatca dal Cancelliero di Ca(k*l« nouo, e poi fcefi a baifo, che era I'alba * doue crouaid. Ca- ponfacchi, & andafllimo alHcmea Porta S. Sptrircfuori del- la quale ^aua vn CalelTe con due Caualli > e Vecrurinoi e^ monrari ruui due in CalefTc ce ne veniffimo alia voira di Ro- ma con camtnare notte,e giorno fenza fermarci * fe non tan- to quanto fi rifrefcauano , c mutauano li Caualli » finchc_i giunge/fimoi Ca/iel»oue , doue arriua/simo ati'aiba , 6c iui poi fo/Timo fopragiunri , conforme h6 raccontato di fopra a V.S. da mio Marito . Refpondit . 4. Capon/aebi non Parente in eonto akuno d d. mio Marito-, ma beofi amico . Refpondic . 11 fodetto Caponfachi prima del facto , non mi ha A J man- Fttctttt eoUoquitUBcK Amafio. Fitetnt noua coiloquia cum Amaiio . Mendacium citca Ad- ueotum ad Cautum Atnafius non eftaffinw Vm . [liXXXV] H msndato aleuua Utterai perche io non so leggere it manojcrit" N«oa mendaeia qumi ^^, f ff^f, sijcriucre . noa lecrpcru (itterai — ,. f-i • • f i /• ..- . . » • i ^mafu , ii nefeiat fc;i- Reiponait . Nc fuetio 10 prima delfattofodetto ho mat mandatu **'' • J letter a di forte ateuna al d. Caponfaecbl • AUiiiii»i>acc j^ effo mio Maritofaeeua la lettera col toccalapis , epot mi face- Ncfcices fcfibcis . eius «^ ripofarci/opra eolta penna , ^ inchioftro da me ^ c mi di- Vu l.i>eai>»t £p;iioJa5. ccua » chc fuo fratcilohaucua guflo d'haucr qualche nu4« lertera > che foffe Haca fcrirta da me > e quefto fit duC} 6 tre volte . Refponait . Se V.S. mi faccfli vedere qualchVna dcile letrerc da me fcrictc come fopra.e mandate airAbbaic Francelchi- ntle riconofcercibcnifllimo. Etoftenfa &c. & Inter- &c. Refpondir, Ho vifto ,e vedo be- niffimoquefta lettera moftratami d'ordine di V. S. che co- mincia - Cariflfimo Sig, Cognato > fono con quef^a - e fini- fce - Francefca Comparini , ne France(chjni - fct hauendola oflTcruata mi pare, mi non poflb atreftare per verita ♦ che (ia vna dcile lettereda me ferine nella conformita iodettaall* Abbate Framccfchlni mio Cognato &c. Et paucis inteiie- dlis & perche Io non ripofai iiu corito alcuno in d. Oftaria > c mi ci fcrmai per il tempo da-, me dnto di fopra &:c. Ca- [lxxxvi] CariflimoSig Cognato. Sono con quefta & riuerire V. S. e ri'ngratiarla delleopcrationi Num. jj. fatte per collocarmi in quefta Cafa , doue lontana daJli miei Epidala Franci- Gcnicori viuo hora vna vita tranquilla , & vna lalute pcikt-fcaad Abbateruj tanon hauendoii medeflmi atcornoi che mi contriOauano Franci/ehinum . :giorno > e nocce con li peruerfi lore comandamenci cuorro Ja Icggc humana >e Diuina a non atnare ii Sig. Guide mio Ma- rico, a fuggiredi notce dal lerto del medefiino > con farmeli dirC} che feco non cihaueuogeniojche non era mioMaritp, perchefeco non hofigii , e con farmi fare in piii volte ic fu- ghe al Vefcouo fcnza vcruna cagione ,con farmcli dire , chc lo voleuo fare diuortio col Signer Guido > e per mettcrc viij gran difordine in Cafa »diffe mia Madre al Vefcouo , al Sig. GuidO) c poi per la Cittdt come i) Sig. Canonico mio Co- gnato mi haueua richiefto dclPHonore » cofa non mai penfa- Mdalmedefimo} Mi ftimolauanodicontinuoaconfigliJon- tani dal Giufl^o , c dalla Pace , che fi deue al Marito col Ja- fciarmi nella loro Partenza per cfpreflb comandaroeuto di obedienza ad ammazzare it Marito > e dare il veleno alii Co- gnati, c Socera, ed incendiare la Cafa, a rompcre vafis & al- tto, accJo non pareHednppopartiri) che foflcro ftati loro ap- preffo il Mondo.che mi conHgliauano a fare tante feggierez- 2C, & in finedeJIa ioro partenza mi lafciorno, che lomi fce- glieffi vn Giouane d mio genio , c che feco me ne higgiffi iu a Roina> e tante altrc cofc.che per roffore tralafcio* hora,che non ho chi mi folleui la mente , godo vna quiete di Paradi- fo > e conofco i che li mie Gcnirori mi guidauano per loro pazzia al precipizio > onde riconofcendo li fpropodti facti per comandamento delli miei Gcnitorf » ne chiedo perdono a Die ) a V.S. a tutto il mondo , volendo effere buona Cri- fiianaj e buona moglie del Sig. Guido mios quale tante vol- te mi fgridaua con manieraamorofa dicendomij chevna_/ volca Tbauerei ringraziato delle ripprenlioni mi faceua, c di quelli cattiui , che mi faceua conofcere , che mi dauanoli miei Geni tori, emiconfermo. Acezzo 14. Giugno94. Affezionatifs.Scrua, e Cognata* Francefca Comparinine Francckhini « A 4 Fuori [lxxxviiJ Num. 4* Forts - Ai Srgnor Abbatc Paolo Francefchinl. Roma. Epiflola Franci' latus ver^. Carifllmo Signor Cognate . Hd riceuuto il vcnta-» feaferiptaDomi' gHo donatomi da V.S. , quale c flato di mfa fodisfactiono « «# yl66*/i fww- J'ho gradito » e la ringratio, mi diTpiace, che li miei Genitori (ifebino . lacerino fenza ra gione la noftra Cafa , lo per me fto bene , c contents , non hauendo hora chi mi fomenci al male , voglio bene k tutti dt noftra cafa col fanro timor di Oio . In tanto H rida delle maledicenze delli miei Genitori > mi commandt> e la riuerifcodicuore. Arezzo ip.Luglio 1^94. Obligarifllma Serua>e Cognaca Fraocefca Comparini Francefchlnt. Num. 7. Examn D* Ca- lodoueuo venire in Roma per accommodarmi,e lo confidai coa mnici C^ptn/af- i| Canonico Gio: Battifta Conti parentc del Francefchini,chc f^f - pratticaua in Cafa de medemi ^ ftimo j che derra FrancefcjL* rhaueflTe poruto fapere dal medeHmo Canonicoj fe bene an- CO per la Citra G difcorreua della mia venuta in Roma > cbo Lift. A- doucua feguire vn pezzofa » onde mi fh -vn giorno portata^ •v» mi richiedeua a volergli fare i\ feruitio accompa-^ gnarla come fopra* & io gli rifpoiii che non voleuo far quefta litt. B. <^o^3 , ne mcttermi a tal cimento , cbe^li fcriffih rifpofiaptr Viflejpa Seruoi che io non mi ricordo il tempo precifo> che mi Jnandafle la lettera fudetta , e doppo continuo a farmi la fu- Lf/f* C detta infianza con buttarmi alle volte dallafeue/ira , mentre to pajfauo auanti Cafafiia qualche politino , con rciterarmi I'inftanza fudetta, & io gli rcplicauo, mandandogli la rifpofiA ptr detta Serua j dicendoli > che non vokuo ingerirmi in tal facenda,e perche vltimamente mi bueto vn altro polifmo dal- la feneffra ,per quanto rifeppi fii veduta da vn artegiana tef- fitrice in £accia > che non so come fi chiami t e que/la lo rifer j al Marito > perche la medema Serua eilendo ftata liccnriata, mi diflciche era ftato rumore in Cafa per li caufa fuderta ■, c che la Sorella di detto Guido maritata in cafa Conti haue. ua detto di piii , che efla Serua mi haueua portata la leitera , c che percio detto Guido dilTe > che voleua ammazzare Ijl* Moglie [Lxxxvm] Moglie in tutti f modi doppo pailkto qualche tempo > eche anco A farebbe vendicaco codCfo di mi i Sc io con quefto mociuo per liberar'mi da qoalchc impegno, c pericolo, Sc anco per faiuare daila morte detta Franccfca » mi rifoUi di vcnirfnene a Roma, & accompagnare la medema qui per condurla da fuo Padre * e cosi vna fera » che non mi ticordo del tempo prccifo > paflando da Cafa fua^/i diedivnau* let fera > che la tiro daila fine^ra » ma eon vna eordieella-* > colia quale Tauaifauo t che per liberarla daila morte, io I'hauerei accompagnara come fopra t k effa vn'altrafera mi getto daila feneJirA vna lettera , con h quale mi rinouaua^ j^gff^ 2>. I'inftanza fudetta , rapprefentandomi , che il Marito tut* tauia la minacciaua d'atnmazzarla > che percid hauerebbo riceuuto il fauore i che io gli diceuo di accompagnarla come fopra . & vlcimamence la Domenica vlrima del parflato mefc# d'AprilepairandoauantiCarafua, e (lando lei allafineftras gli dinfi, che hau^uo fermato il CalefTe per la mattina feguen- te a bon* hora i c che I'hauerei afpettata alia porta di S. Cle- mente f conforme alle fcti' horc in circa » vcnne fola alia por- ta fuderra > Sc entrati in CalefTe giraffimo fuori le mura della^ Citt^ per andare alia porta di S. Spiriro , che v4 vcrfo Peru- gia , che a Calefle era di Agoftino Oftc in Arezzo , che Io conduceua vn Vetturinodetto per fopranome f^'w^Wwo Gar- zone di decco Ago/lino , che Io feci yfcire la Tera Ai Oome- nica airAue Maria daila Citta > e poi feguitaflimo il viaggio fenza pernoccare in luogo alcuno^e cifermauamo tanto, quah- to bifognauarinfrefcarc,emutare li Cauallit fin che giungeC- iimo il Martedi a fera vlcimo del fudetto mefe di Aprile hx* Cartel nouo , e perche detta Francefca diflc > che fi fcnciuo alcuni dolorit e che non gli daua Taninio di feguitare il viag- gio fenza ripofo , fi battq /opra al letto in vna Camera cosi veftlta , & io parimente veftito mi pofi itoipta. vn'altro letto, ch'er.a in detta Camera , con dire all'Oftc jche doppo tre »6 quartr'horcci hauefie auuifato per feguitare il viaggio , mi non ci.auuiso > ejTopragiunfe in tanto ii Marito di detta Fran- cefca . e ci fece arreftarc daila Corte tutti due , e dila poi fof« fimo condotti in Roma . Refgondit, Io non ho parlato in Arezzo k detta Francefca altre Lett. E. volte , fe non quanto ho raccontato di fopra k V. S. Amafius non eft R.efpondit . Il Marito della decta Francefca noo mi ^ parente in affinit D*Gmdo • gradoalcuno. A 5 Rc" ms. [lxxxix] Jie/pMdrt . lo non M profefl^one alcuoa > mh fono Canonico della Pieue di S.Maria d'Arc2zo>e fono fempliceinente Sod^ diacono. Ee/pettdit . Quando fui carcerato k Cailel nouo furno croua- ti certi dcnari , e certi Anelli con alcre robbe , conforme Ja nota factane dalla Corte. Re/pandit . lo non h6 mai fcritca alcuoa lettera alia fudetta Fran- cefca J fe non quelle da me dcrce di fopra . "Refpondit . Le leccere maodatemi come fopra da decta France- fca > furono da me abhrufciate in Arezzo . "Refpcndit » Benche nelk Carcere di CaOelnouoi doue io fui pofto f(kre fatta diligenza dalla Corre > & ancodal Marico di derta Francefca non vi fb ritrouaco cos'alcuna . Refpondit . La fuderra Francefca nel partire d'Arezzo porto fe- co vn'inuolto deili fuoi habiti > & vna Scattola , nclla quale dtflTe , che vi foflero gioie , ma io non ie viddi } & anco in vna pezzola con alcuni denafi } che furno poi defcricti in Callel nouo da quel Cancelliere. Refpondit. Non so precifamente da chi foffero flate fcrittele^ Jertere mandatemi da detta Francefca> ma io fuppongo potef- fero elTer fiate fcritte da lei > m^ non so fe fappia fcriue- re. Refpondit . A Caftel nouoneiroAeria ■> & in queIJa Camera^ doue ci fermaffimo » come di0i nell'altro mio efame j e che ci erano due letti > ne fu accomodaco vno folo colle Icnzuoli dal Cameriero deirOHe > perche feruifle per la Signora Fran- cefca) e nciraltro non ci feci meccere lenzuoli ^ perche io gia non voleuo fpogliarmi » fe bene non fi fpoglio nc meno lei > conforme difli neH'altro mio efame. Refpondit . Se io vedefH qualche leccera di quelle da me fcritte alia Sig. Francefca fudetta le riconofcerci bcniflimo . Refpondit . Ho vifto j e vedo beniflimo quefte due lettere i che fianno iigace in quefto procefTo moftratemi d'ordine di V' S. che vna comincia > Adorata mia Signora > vorrei fapere j&c. e finifce , mi ha detto il Contij & hauendola ben connderata* dico) che queAa lettera none (lata da me fcritO) benche il caractere della medema habbia quache fomiglianza al mioca. raitcre> & ho anche veduta queft'alcra lettera > che comincia^ Amatiflima mia Signora , Riceuoj &c. e finifce quefta mia ) & hauendola ben conidderata j dico > che la medema non e Aa- ta [xc] ta in conto alcuno da me fcriui , non h mlo Cdrattere » anzi non vi e oe anco fomiglianza al detco mio Caratcere in cooto alcuno . TLe/pondit * lo non ho parlato in Arezzoaila Sig. Francefca t fe non che tanto quanto gli parlauo dalla fencAraj conforme h6 detco neH'alcro mio efame . Re/poftdit* lo non ho mai ticeuute altre lertere dalla fudetra^ Sig. Francefca conccrncnti altra Caufa > fe non quella delLo fuga per venire 2^ Roma) conforme ho detto negl'altri miei efami . JLe/pondit . lo refto marauigh'atO) che 11 Fifco habbia pretcnHo- ne, ( he dalla fudetta Sig Francefca ananti feguiffe la di lei £u» ga mi foffero crafmefTc piii lettcrc AmorofejefTendo la mede- ma vna Giouinemodefta >e quefle cofe farebbero ftate fuori del proprio ftaco i e della fua nafcica > e pero dico elTere la fu> detca pretenfione falfa > & infuffiftence. Re/pondit . lo torno a dire a V. S. che nella Carcere in Caflel nouo non f^ trouato dalla Corte cos'alcuna 3 e fe V. S. mi di" ce , che foffero crouace alcune lettere AmacoriC) Je quali pot pretende il Fifco , che fiano quelle mandatemi dalla fudetta Sig. Francefca sdicoi e rifpondo f che non e vero niente . Foris • All'Illunriflimo Siguore Ofiferuandi/fimo, ilSign. Paolo Francefchini - Boma . Intus vero - Illuftriflimo Signore OfTeruandiflimo. Vedoquanco piacc a V.S> di iignificarml intorno alle conrro- _ a]erfie>che paflano tra il Signor Guido fuo fratello, & il Sign. « -M^'t' Coroparinije non poflb non compatirle per il didurbo » chc/ j> ■ .'" ne detiua a V.S. in vn cafo cosi raro , cforfe fcnza efempio . ';^»«#'w^£/'*' Fcce qualche ricorfo a me la Signora fua Cognatai ma si co. A"^' Areftm . me il calor grande ) che haueua con vna fouerchia paffiono della madre,mi appalefornO) che la figlia faceua que^iopaflb per pura inftigazionejcosi procurauodi apptaceuolirla»pen- iando , che tolit i fomenti > fi ridurrebbe al giufto > potendo tanto pill facilmente crederloj quanto che la fua cenera eta > tanto diceua , e tanto reclaroaua ) quanto era forzaca a farlo per il fomento della Madre,e perche non ft efafperafle anche quefta maggiormente > la feci accompagnare ben due volte k cafa dalla mia Carrozza . Haueuo quakhe cognirione di cid perche il Signor Senatorc Marzi Medici j che pre/iede al go- ucrno Laico in quefia Cittd per ii SereniQImo Gran Duca^ , mi [xci] mi han^a commiinieAco H totto > e non mi refta da foggiun- gere aiiro^fenon rapporrarmi i quanto il medemo fopra ci6 gU ha finceramentc Icritco, c btamaado nuoue occafioni di feruiria , mi confermo DiV.S. Arezzo ij.Setcembre 1^94. Deuodflimo Seruitore G.M. Vcfcouo d'Arezzo Amato mio Signore . Num 7 ^^° moltiplko actcftati per accredicarui il mio amore » perche Spijlols Am^fo. ^ fufficienja n'i wftknonio la mia rifolationc , & il voftro ciJreciproca merito . II mio aftetto non ha piu freno &c. Di gracia la rca- prima fol.io\ daachiglieneporge. Mio Signore . 3. I X Li dico jche non prenda ammirationeife la Signora Madre ftaua alia fineftrajperche aramiraaa k quello* che alTcctaua la cane- pa,e pero V.S. ci puol paffare fenza paura . lo piii k bciragio ii fcriucrO dellc belle cofc &c. quando mi diranno nience* lo faro auuifaco k V.S. Adoraco MirtiJIo> Anima mia . ^. 12 Lapregoiperdonarrai» feionon vimirauos quando eriallt Cappuccini} perche 19 vcdcuoiche cutte due mirauano * fe io vi niiirauo > e per qucfto io patij pene in non pocer mirare il mio Sole > ma mi vedeuo col mio core » nel quale vi tcngo fcolpico. ReftoqualCoaoiefard V. deuota Seru. e fedele Amante Amarilli. Amato mio bene . ^. 13 Io riceuo la fua,qualc mi da molta pena &c. , che il gelofo ye- dcflc le leccere, Ic vidde,ma non le aprii che crano ftretce in- (ieme}elui crcfc,che fuffero akrc eartcje non le prefein ma- U0| [xcii] no . Queflo lui lo dicC) perche vorrta, chc voi vl adirafH con me&c. Poi voi mi dite» fc io ionodd medcRmo} penflero > & io vi d!co> che sh che le voi non fete oiutatOiio fono prontau k fare qudIo,che io h6 derto &c. Poi in circa) k fi feguiia i here il vino rbffbjvi dico di shSt voi fete del mcdefimo pcn- (ieio: Se poi iece pencirojio fono contenu di fare quelIo>che volece voi &c, rcfto quale fono Fedele Amaote . 15. Amatilllmo mio Signore* Io non so per qual csufa non pafsd di qui hieri fera ) che io mi feci alia fineftra)e non viddi nefiuno . Io mi Icuai daila fine- ^ ftra ) perche vi era il Canonico mio Cognato; Mi leuai per andare all'alcre fineftre, accionon mivedeHeScc. Mavol- tafte in verfo la porta » ftrada voftra amaca > perche ci, d chi adorace II Conci mi hi chicfto quelle occaue,che mi haue- ce date &c. i perp ditemi> fe io |e h6 k date, 6 pare rircnerc^ care per me^ redo qual fono^e faro Fedele, efedeliflfima Aroante Amarilli . Mi fcordauo dirliiche la Signora Madrc non ha piu febre, e be* ^ ^^ be il vinotma da fcfpore e roITo) come il noHro > pure dicemi quello ho a fare » che io Io faro . Lafciawo di mandarui vio miliione di baci,ma s6>che in quefto modo non vi fono cart, e poco, fe ve li da(fi da mcsma quelli delh Cancarina vi fono carifsimi,ma yi dicO}C4»e fono auuelcnati dec. > e fate lo fcru« polofo con raltrccoroe hauete fatto con mcjche con Taltrcr ne hauercce tagioi^ ma con mc non ne haueuiuo occafto- ne&c. Oflferuandilfimo Narcifo * Qucfta ferariceuo la fua» c mi da gran confolatiohe il fentirtj » ^^ chc non fetcadiraco &c. » non so quando me la dara> ma fo me la da, la daro a voi . II Gelofo e di fuori, e ci farei ancor ioyc tuiti ) ma perche la Signora Madre non troua vna Scruai ^c. hanno dettOiche ci vonno ftare vn pewo , perche voi mi vfcitc di mentc per non vcderui per vn pczzoi Ma chi fi ama di di buon cuore , fl tiene k tncnte > cosi faro io » prego V. S. a perdonarmi) fe mi ftcndo croppo per fcrtuere croppo fpcflo , rafTegnandomi quale fono OcuotilliimaScruaie fedeliTtiina Amancerefto. Amatifsimo oiio Signoire . 7. 16, Sipuoleiminaginarecon qual prefcia iovifcriffi quelliduo verfi &c. M'incontrai co] Signor Dottore> come al Colito > mi diiTe doue io andauO)e per la ftrada mi di/Tc) percbe gl'haue- uo fcritco difpettofa > io gli difsi 3 che nrifricaua pe^gio ^pcr- cbefaceuafacticattiuiie buone parole> pcrchc diceua di vo- Jermi bcnc>e poi Io vuole alia Souara}& altre &c. mi rifpofe cbe non vcniua daquefto^ma percagione di vn'altroSigno- re 9 che ci voleuo benejpiii garbato di lui . Io gli difsi^che fe non era garbato quanro luiialmeno piu fedele &c. piofeflaa- domi quale fempre fui fedele . MIo adoratojc riuerito Signore. 8* i7 Sono con qoefta mia i fcafarmi deirerrore » che h6 commeflb in Hgillare quella lettera > cheandauaaRoma&c.» dico i V.S. 9 che non mi hanno trouato ne^una letcera » pcrche io non le metto nella cafTa^ ma bensiledo aile fiamme >& in quel tempo > che io le tengo> le tcngo in feno , e quefta non i fcufa ) perche lei faccia rifleflione a vna mia > che vi dico 1 chegU doluogonelmiofeno &c.inquantO|Che vnodi Joro fofle alia gelofiai fotfe io credo > pero vol non fate gefto nef^ funo , quando fete fotto le fincAre Io quefia (era faro alia fi- neftraj 6 pure alia geloiia(|e quando vi vedro , mi faro alia fi* neftrat ma bifognaache ftiaauuedutajche lui non mi vcdajche mi hadettoi chefe mi vede vuol far tante cofe > ehe non ncj fece tante £nea Troiano . Io per non darli fofpetco 1 non ci fid) mi piofefTo Deuotifsima Scrua. Sofpi- [xciv] Sofpirato mio Bene . Se il dire, chc io non vi amo non e errore, per non conorcermi> 8. ma queflo pernongrad rmi, confentice mio caro, the iomi fdegni con voi j perche d mi riputace cieca > 6 noa mi ripu- tate amabile . Non potere dire con verita,che io non vi ami> o poiece dire con veritik.che non /i ama tanco, quanto io amo voi . Miratemi ne'miciocchi) che rcca merauiglia terfi dal- le mie lacrime vi faranno fedelifsimi fpecchi, fcorgerec, chejl voflro voito e copiato , nella quale fd di iui abbozza- turenelSole} chela voftra bianchezzaneuicata in Hro del- la via latcea } che le gratie vi hanno regolato i mouimenti di propria manoj che Venere nel formarui ha prefa la jnifura-. col proprio cinco delle voftre membra . Ah« chc io vi amo > in manierai che da vn canto vorrei amarui |fola nei Mondo , perche mi pare porerui amare per tucti dal Latio centro . Vorrcijche tutti vi amaffero , perche vedefti, che pofti tur- tiinHeme nongiungoaoali'amordi me Tola. II mio petto e Intddiato da qualunquealtra parte di me^ quaH habile Gz fo- Io ad amarui . Sono cole da non faperH vdire > fono cofe da renderefcufabile a qualunquealcroi) chenonlocrcda; Ma vol bello crudele,che fe vi vedece il volto compoflo di mira- coli Angelici, nondouete ftimare menzogna, che (i troui vn core fabricate d'amorofi miracoli &c. viiafcio mille } e mii- le baci. Amato mio Bene. Lafcio andare li complimeuti per non poter corrifpondere al- ii fuoi vcrfi canto galanti , tutto il contrario di quelloi ch'io ''• merito . Lei mi dice* che vuol fapcre ci6,che c feguito in cafa , io vi di- co I che non vi i feguito niente per quanto mi poffo auue- dere, perche non mi hanno detto nienceneffunodi ioro . Ma il Signor Guido mi par piii toflo in bona con me > chc al- terato>e percio non polTo vederc, fefijno ftizzati con me. Mio Cognato ferri la porta , Io fa piu volte &c. Se poi noa ci volete paffare piu>quefto e voftro arbitrio , et io prende- ro in piacere quelle pene , che vi fono grate , e percio io vi dicojche fate qucllo,che voleicchc come Toro nel foco, co- si TAmo- sil'AtnoreneldoIore fiaffina* poflToben direi che patir& pcna d non vedeuii>cofne ero folita &c. % e dandoui va'amoc rofo bacio>reflo quale fcmpre fui faifcerarifsima Anunce . e fedclifsima Serua. Mi fi era fcor^ato auuifarui.che Ad neila inedeina ftanza di pri- ma >e Giouedi fcra andai i Ictto a due hore di notte > e per- cio 1^1 non mi feati encrar in Camera . Oiifi alia Serua > che faccfle li iegui , che era reflato di fare &c. Sibato matcina corno il Sig. Guido • e lei potri pafl*are la fera 4 quattc'borC) 6 prima , che vedra 11 lurac in Camera &c. CariiHmo mioBene. I X. ao. Riceuo la fua a me gratiflima i come tucre Talrre mandatemi &c. SentOj che lei ha hauuto caro il Paftor Fido. Ma vorrei > che lei lo imita/Te , Sc io imitaro vn' altra Vienna . Scnco da lei> che vorr^ venire a vedermi alia Villa 8cc. che vorrei pocer fare io j vi farei piu volbntieri per Spofo , che per Seroo . Lei midicC) che il Conti non vuol porcarui pi6 leuere> vi fo fa* pere i che io li fo due vczzii e mi abafta Tanimo di fare > che vele porti > perche io gH dico due buone parole > e lui s'in- canta, e farra qucllo che io vorro . Mi dicctche li mandi Iz coida per la Gelod'aj ma non mi dice la fera &c. Li faccio (ap ercjche il gelofo e ito k Souara^ s'io vt poccfH parlare » ma il Confcfforenon vuolc iri conto nefiruiio,e per quefto io non yi ci faccio venire, che hora non H apte piii rvfcio di ftrada* ma pctrete aprire quello dcUa Rimeflla &c. Ma quel Prater non vd> e non vole . La ringratio delli Baci , che m'inuiatc} ma fe me li dalHuo da voi , gli hauerei cari ^ & io ve ne do al- tri) e cant! millioni di quanci mc nc date voi &c. Fedcli01ma Amante. Io non soi che aome mi dare 6 Vienna > 6 Amarilli > 6 Dorinda^ 6 Lilla, ma vogliodirmi Arianna,quale credo d'hauere a ef- fere i voglio dirmi tale > fe pure voi non fete vn Tefco» ma vn cafto GiufeppC} 6 vn caio Narcifo, 6 vn Ilagoi o Fedone; ma Adone fu'pietofo con VenerC} ma io non fono calci ma bcnsi vna Medula . onde mcrito &c. Se voi hauetcletco il TafTo lo lapecece chi fu qucAo &c. Amato [xcw] Amaco Idolo mio . Sento le cofc » che vi fono occorfc , io non Pho per male, men- j2. j i. tre lei dice, chc non fi puol fare dormirc mia Madre, mcntre fta male , e non bcuc vino, c pcrcio. non poflTa dormirc . Puol efleie,che in qucfli giorni guarifca , purcglic lo farr6auui< lato , &c» Fcdcle Amance Amarilii. Adorato » riuerito , amaco mio Core. Mi confojido in tante lodi &c. mi f criua piii fpcflb , cl^e puolo 13. 2 ». Circa-il Dottore , lei m'offonde in dirmi, che io tornetoad amau lui i Vidico, chc fe nafccflfe al Mondo vn Sole, non hd Cuore per altra Piagaj ma chi mal fa,mal penfa &c. In quan- to a quello, che vuol fapcre del F/«<;, vi dico,che e roflb per hora: ma piii m qua non so , come Tata j ma ve Io faro auui- fato , mandandoui mille, e millcj c mille> e millioni di baci > rcfto. Quefta fcra venire ad vn' hora di notte, chc vi voglio parlare, c 14, 26. tofnte quando fete fotco la finefira . Amarilii . I,a Sgrana pcrchc non poteua dire, come dJte qui,che era di lac- te- chc lei d nera piii di me, fe futfi voi vi potria dire Auorio» come vi chiamo Io ; Auertite>che la fcra non fia il Gelofo* cnon io, pcro io coflicotfe non icntice toflirc non vi mouete. Vi faccio faperc, che HSi§. Guide va fuora, ci Rata, piu giorni; i6. tS, Pero la prego venire la fera quali ad vn hora di notte, c come fete fofto la fisneftra , tolfirc , e fermateui vn poco j accio io non sbagli . Luivi fuori Lunedi matcina &c. Carifllmo « meritiflimo mio Amore , mio Bene . Rcndo infinite gratie delta Rofalinda &c. Vorrei faperc > che^ jy, 2^. cenni mi feccper la via del Poggio &c. e non perche io voglia far proua del voftro Amore , che $6 moico bene> che fete co

(lante quanco md , e pero io non voglio far quefle proue fire, fiche voi non pocece dire, che io non vi voglia piti bene, per- che tutto quelloi ebe voleuo al Signor Guido i voho d voh (be lo fneritat* • Amarilii . Ado- [xcvn] Adoraca mia Sigaora. 1 8. 50. Vorrei fapere t fc Domenica fera > cioc dimani a fera potcto Lltt(r douendo Mercordi partire il Vcfcouo con tre Caleffi , pcrcio fe potetc partire, Jubito letta quefta mia ritornate alia fine^rat e gercatemi la^ medema per fegno> accio fermi vn CalcfTe auanci, che fia fer- mato da qualchedun' alrro, & io fe fcrmaro il CaleflTe dimani, nei paHar di codi mi lafcero cadere la pezzuola vna fol volta; del redo poi dimani a fera io mi cratterro dalle due di notte fino k quanco bifognera, c lei/ubitoi che vede* che fono dor- mjti bene) mi aprira^ accio gli poffa dare aiuco a far li fagoc. ^ ci » c mettere affieme i denari , fopra il tuito eerehi dimetter- ^ ne in tufi i Boccali j e lei non ne beua > e/e per cattlua dif gratia lafcoprifero , e la minaceiajjero di morte > oprapure U portay chci morirb con voi) vi liberaro dalle loro mani , epreg»ndo il Signore Dioy che cifacci riujiire bene qaeflo nofiro difegnoy mi rattficoperfempre voflrofedtUjfimo Seruitorct & Amante* Mirtillo . 2^. Che il Gelofo (1 mo(!ri rappacificato » c che habbi detto , cho [Uace allafincftra > h vn cattiuillimo fegnoi perche in quefto modo vorra fcoprire cofa fate alia fineflra,& a che fine ci Rz' ce) perche mi ha detto il Conti) che hora e piu gelofo di pri- ma } e che fe viene in chiaro di nulla « Ci vuol vendicare con.* darci la morte > e che vol procurare di fare il limile a me > e quefto ^ quelle, che fuccelfei ci d feguita poi la cottura della corda . Amatiflfima Signora . Riceuo i fuoi caratteri abondanti di quelle efptetnoni, (e fe* guitano parole amorofe.) Si compiaccia riceuermi nel fuo feno > nel quale ripofo tucti i miei affetti &c. Confegni alle ceneri quefta naia . Riuerito Signore . ^Al'ta Ijttera Spinta daU'affetto, che io porto k V.S. fono sforzata di contra- franc'ifca, dire k quelle gli mandai hier fera in quella lettera, che gli di- 3 It 32. ceuo 1 cheio non voleuo pih dirle $ che lei ci veniffe , fe non Io diceuaiei} hora le dicojche votrei, che leici venilfe que* fta [xcmu] 40. Aa fera aU'hora di hicr I'alera fera> perche to hd penfatOi che le Torri non fitnouono cosii colpi leggied , fe lei ci vol ve- nire , purche non Ga occalione > che lei nanchi di parola 4 qualche fua amata Donna* d pure gli Ha d'incomtnodojquale io non vorrei effer caufa ; pero fc ci vol veaire* ripafll di qui fubito > che lei Tha lecta &c. Die Martis 24. Septembrii 1597. Nam. 8. lofeph Maria Caponfacchius de Aretio pro complicitate in fu< Deeretum Hele- na. , & dcuiatione Francifcte Comparioa; , & cognitione car- gationis Atnasij* nali eiufdem rclegacus per tricnnium 14 Quicate Vetula . [xcix] Vrbis. GVBERNATORE in Criminalihus' Romana Homicidiorum. ^ ^ o D. Guidone Francifchino , & Socijs Carceratis. Summarium . KOMi£ , Typis B» Cam. Apo(l.i 6^S. Romana Homicidiorum . rum fuper horn jcidijs Francifca* vxoris, & Petri > ac VioJan- vis de Comparinii fbceri, Sc focrus tancum abeftj quod Fifco opjculecur ad exigendatn pcenam ordinariam > quin potiiis nobis mirificd faueac pro exclufione illius poenx > quia non^ ampliiiseft ambigendum de csufa homicidiorum, nempd honoriS) quae primo a Fifco coatrouertebatur ob concurfum aliarum caufarum > quamuis vt\ eflfent inefficaces} vel de di- re^o Ixdentes honorem > vt inM illotis manibus nou per- tranflbimus > nam confeffib acceptanda efl cum omnibus fuis circumftancijis > nee ad fupradit^^um efFeJium patitur fcindi > Menoch. de jirbitr. caf.i'jg, num.6* ^feq. , Clar. §»Jln. q. 5 j. num. 1 6. verf.fortipojfety Gomez, mar. refoL tom.s* cap- 3 'ft* 2 6* pq^ medium verf. vnum tamen eji- FarinaQ.quafi^Z i ,num. 1 5 y.j Gmxi3i'defeftf.i%, pap»$$Mum.i. verf,fed€ontrariumi& nu,2., SperelL decif,6/^, num. x 6, par- 1 • j ^ decif. 10%* nu. ^6. i& de^ eif.^ 136. num. % ^.peir.%* Quod pro ccrto fufficeret>vtmitius cum Eoj&Socijs ageretur, attenco quod caufa honoris eftfuiiicientiffima ad Icuiendain pocnao}} vein alia probauimus 9 quod fciltcet abfque incurfu poena? vldmifupplicijpoflicMarkusetiam ex interuallo ob- truncare Vxorem Adulceram) quoeids adulterium probecur, vt Dominus meus Fiici Aduocatus concedic in eius Refpon^ Clone $. Solamquefufpiclonem , £c in rei vericace adduximus in afia quamplurimas Supremo- rum Senatuum Decifiones? quibus liquet fulHe minoracatxu poenam Maritis> qui ctiam mediante AflTaffinio occidi fece- runt ConiugeS}& viceuerfa null* affcrtur Decifio Fifco fauo- rabilis* Qualisfententia e61ibcnciiisample6iendaefl> quia ^ niaiori numero DD. canonizaturj Et licet Farinac. , & Do- minus lUCMS B-ayndduf contrariam fedari videantyr j nihilo- Bilnus Farinae, in fuis quajiimihus nimis fe dubium reddidit > Vt in alia oftcndi*^ intonf.x^i, nimis inconftantem fe prae- biiit|dum/i>C0i^<66.ffAm.5.contrarium probauit ; Quamob- rdiA de huiufmodi inconftantia adiiionitus fe excufando af- isaiyixinii.i;9nf,i^i.fubnum*\6* Beatricem > pro qua fcripfe- ^BuUnUiy CcttU^, A rat [dl rat ift eo»/. 66. fuiffe capite obcruncatam > quad quod huiuf modi rigorofa fentencia in pca fed quia eius excepcionem non probauic ibi— Proufj & idemfirmiterfpe' rabatar de/orori Beatrice J^propo/ttam excu/ationemprobajfet > prout nmprohauit . Dofflfnus vero Raynaldus i cuius fcripeai & verba veneror itu» Juis Obferuatiombus Criminalitus eap.z, %./^.num.i%6, praecer- quamquodafTeritexbenignitacePrincipis fperari pofTe re« mi^onem faltem quoad poenam ordinariani) non decidic ar« ticulum afferendo GizzareU.% Si Giurbam firmantes debcro ex iurtJtia poenam minorari, fed fe remittitad ea>quae fcrip- (ic cap.j. inJR.ubrkafub num. 69. vbi camen ex profeflb non^ examinat articulum homicidij admiiH ex caufa honoris* alias contrairetcommunifencentisDodlorum) & cot DeciHoai- busSupremorum Magiftratuum>hoc eft Communi Tribuna'* lium praxi)de qua eciam tedatur Clar.%.Homicidium/ub n.% i. ibi— Et hdtc opinio/eruatur inpra&ica , prout in cont'mgenti*^ falli reperio iudicaffe CuriamNeapolitanant . Ec de eadeap pi-aKt fttailit^r teftatur Ma^tu dt re trimm»e0ntrouerf.\z. num. 29 • Quamuis nobis Hiificeretj vc dixi, quod D. Guido non fit legi- time conuidus > vc cius confeflto in totum Hne diuifione ac- ceptecur : Nrhilominus ad abundantem adducimus plenas probationes Adulterij ez ProcefTu fligae refultantes, quasno Fifcus daret manus vidlasinipuguare conatur 9 & Achilles iMX prsten^onis eft vnicum examen ad perpetuam rei me- moriam in ProcelTu nonredaftum » fed extri vagans cuiuf- dam vilis malierculx olim famulae in domo Inquifiti ab ipfo* a D. Canonico eius fratrc, &ab iftorum matrc pcrcuflSoni- bus mal& muldarx * nimis afFedlatd recenfentis peflxmatra- diamcnca fadla Petro, & Violantidc Comparinis , ac Franci- fcae eorum filias , & vxori refpediuc , prascipuS circa vi vcnedumadfrugalicer* fed etiaoi ad lauti viuen- dutnacmexaberaiTet} vt demonftrac furtutn pecuniarium 4 FrancifcainaftufugascoQiaiifluins vt in Proce^ujitga fol, 5. Caufa vera > & rcalis , quae mouit Petnim* & vxoreni ad regre- dicadum Komaoi ea tofallibilicer fiiic, quia macer D.Guido- niseolerare non pocnit9 quodpnedi<^i Coaiuges de Compa- rinisrem domefticani moderarencar % Se. ad eorum libicutiu difponetenc omnia ad gttbernium dotnus fpeflantia, quod flagrandflSmd» fedaonmin^saudatfler cupiebdnc* Sc quia mal^infiiper ferebat petrus reprehendi> quod rcliSki Nobi- ltttmO»nuerfacionecum vilifiGmis afsidue non (ine honedo- rum Vironim fcandaio ad Cauponas fe fociabat> 8c forcibs , quia coa^s fuic k Prasfide Ciuitacis carceration is m;cu re- ftitaere iocaliai & gemmas eius filiae ablatasi vt O. Guido in fiio examine depofuic 95. ^97., & mirificd compiobacur ab epiftola einfdem Prasfidis 4 nobis nupcr produ Aaj quamu* damns ia Ssemmat, num,i. Quibusadftipulatur examen iadiciale eiufdem Francifcx in fu- ga carceraca^tin quo nullibi legicur fuiffe male tta^auttu , nee vnquam conquefta eft de donras decantaca paupertace , & nihilominus eft vald^probabile>quod ad cohoncftandam fugam deduxiftec neceffitatem rei ciomeftic« 1 8c miferianu dwnust a quam paila effet . Honnegamusortasfubindd fuitfe contenciones inter Franci- fcam* & Virum» & forsan iftum fuiifc illi mortem minatum^, fed ob aliam cattfam * vt fcilicet inceptos illicitos amores i genttoribus fuggeftos defereret > & honeft^ > vt par erat , vi- uereti vt exprefsd legitur in eius depofitione Summar. mftrai nutfi'^' lift. A. Hincverificatur, quod ipfa Francifca in epiftola fcripta Do- mino Abbati Francifchino iugenud fatetur Summario Fifci num,/^. 9 C^ »q^ro num.3 . quod fcilicet eius genitores femina- baiK i^izanias inter ipfos fponfos > & fuadebant recurfum ad Reuerendiffimum Epifcopum fub falfo commento malorum crai^amentorumi atque die, noAuqueinftigabant> vt virum , cognacum^ &rocrumvencnoabigerct) domum combure- A a ret> [cnr] ret} &.quod horribiims eft^ captarec Afflafium » in cnius fo* cietate Romam redirecs quemadmodumobcdireiaxftorum pluribus npn neglexic . £tin aliaEpifliolaeidemAbbatifcripca ,. atque per nos «xhir bita»& data Summario n.^J&n'»nott bauevdo bora ehi mi foment tialMok- Jnaniseftrcfponfio, quod finguU elementa di<^ primx Epi- ftolae fucrant pri&s dcfignata per D. Guidonem , & dcinde fupcrindu dJSummar* num.2' litt. B. H. <^ K. Warn prxterquamquod demendacio apertiffime remanet coa- ui<%a ab eius fufcripcioae abipfa recognftalQ mandato pro- cur« in carceribus j vi io Proccflfu fugae/o/. 39. , & ab alia. fubfcriptione in capiculis niacritnoniaIibus> de cuius veritacc nefas efl: difcepcarii tum quia adeft fubfcripcio vnius ex Do- minis Cardinalibus > cum etiam quia fuic recogaitus paricer ^iuscaraaherab cadetn fubfcribcnte per rogitum Nourij > vt in copia relifta in Proccfsa/>/. 1 32 .) & ioTuper coiiuinciCttt ab Ecclcdaftico , cum quofugamarripuit, afscrcnte nonfo mel no<^urho tempore. recepifse epiftolas proie<%as ab ea t feneftraf aliafque mifsas per famutaiti > cuius depoficionenu damusm nofiroSummaria fum,^.litfiA,B.C.D. quod verifica* tur a Tefte Fifcali^/.io8. i\ii" E tiro giuvna carta » c&r bt" niffimo la veddiy& H Signor Canenico la raecolfei e/ene andi : prxter epiftolas , & fchedis reperCas in carcere Caftri No- lU ^ vbi ipft reperiebantuc) contincaces mucuum amorent/ » Vnde impoffibiie rcdditur > quodillarum elementa parifor- miter fuifsentab eius viro deiignatainec docecura quafiie- rinc fcripcx , proinde prcefumeadum eft fuifse ab ipia exara- tas> ne patefaceret amores vetitosi qui occultari fummo Au- dio debuifsenc : Ec qu^fo fubijciatiir oculis praedit^a qufto- la)&bene:agaorcecur> an ad iroicacioaem fignorum fuerinc atramento elbnnaca eie'mema a fcribere nefcience, velpo- •ci^ ab experca manu mulieris - Primordium veritatis di(^« epifiolxj de qua ioquimur t depre« hcndimus ab eadem cpiftolaPrxfidis Aretihdiffo uqftro Sum- mario man t._i vbihabetur— difcandalomolto m^giore/pmo ftatcUfagbCi e ricarjifattidalla Signor a Sfofa Ipro figlia a Mo»» [civ] . Monfignot Vefcouo , non con aliro motiuofe non , cbe ne ejfa , n^ lifuoi Genitor i •voleuano dimorar pi it in Arezzo , md tornarjent d Roma , fgridata pero da quefio prudent ij^mo Prelato , U ri" manMfempre d cafa in carrozza . Idqae (imilicer exprcfsd defumicur ab alia epiftola Reuerendlf- fimi Epifcopis qux datur in Suntmario num.6, ibt-- e tanto re* damauat quanta eraforzatadfarh per ilf omenta delta madre, Et paucis interie(5iis ibi zbaueua qualcbe cognitionedi cio^per^ che it SignorSenatoreMarzi Medici i cbe prefiede at Gouerno Laico di quej^a Ctttdper tl Sereniffinu Gran Duea mi baueua^ canwtunicato ii tmtto . Verificatur vlteriiis per aliam cpiftolam D. Bartholomari Al- bcrgotti exaducrfo produwia, qux datar in Summario Partis num.i.infine , fed non Integra , ibi enim habecur per Secrc- tarium Reuercndiflimi Epifcopi fuifse exhorcacos O. Gui- dooem , & eiusonatrem ibi : Anon fir apazzare laSignara^ SpofadeWaffrontofattolhbafia dopo tante bifiiccie ricandujje la Signora Spqfa d cafa , df ellafi i dicbiarata di non njolerefiare affblutamente colla Signora Beatrice ne col Signor Canonico Gi- rolamofuoCognatOi & poft pauca : lo/upptico F.S. lUuflriffi' ma 1 e V llluftriffima Signora Violante d volerui porre rimedto » con injinuare alia Signora Spofa vnapace tranquilla per quietc di ttittii vt infoLigo, ter. Quod comprobatur ab epiftola D. Abbatis exaducrfo produ- €t^foU 1 8 2 • ibi : Dal Signor Guido miojratello g li fonoftate^ fatte diuerfc offerte^ nonfinoftate accettatCi e^ pretendcycbe not douiamo obligare la noftra Signora Madre « e Signor Canonico ad vfcire di Cafa\ queflo non far a mai wro,fepure nonfeguiffe d'amorCi e d* accords j md io non ce liconfigliaro . Et ab epiftola D. Kotnani i88. d ter. ibi : Hofaputo per qual caufafuggt da Monfignare , &e quefla cbe non vuol fiare colli Sigfiori Canonico , e 'Beatrice &c. quae verba in dido Summario Ffci num.2, non adnotantur . Ecceigitar, qiiodFrancifca non male tradlabatur , quamuis maid tra quamium caufam Francifca habncricaufugicndi a domo vi- A 3 "» [cv] ri } Hue potnis , an fcandalofa fiierie eiu$ fugs i quod non erit difficile agnofcere* fi parumper immoremur in depoficiono eiufdemFrancifcS} & in litceris repercis in di fi conferancur cumcaraAhefe certo mandati procurae > vltra^ quod velati continentes amores > & nomen ipHus Guidonis > nemo prudens cenfebit non fuifse ab eifdem fori peas . Ex eius enioi depofitione depromicur faiCsc farpius obiurga- tam ob eius flerilttatem , & fuifse minis mortis percerritanu caufaamorum cam dido Ecclefiaftico* vt diffo Summar. n.2, litt.A. nee fallebatur caucus vir> dum in dies crefcebat ambr> hn6 coniugalis affeflus diminutuserga virum> augebacur er- gaAma(iumi In didiisenim licceris> quae dintanu Summario xum,"], Ule EccleHaflicus vocabacur Amatm-t AdoratustMir* tillusi Anima mea^ Amaujjimust Narci/stts-fiufpiratum bomim , Chariffimumldolumiic Tubfcribebatur— Fidelis Amans Ama- rillii & e conuerfo ab Amafio vocabacur \Adorata mia Sigao - *'<>}& in earum iingulis exprimicur incenfus amor , & amoris ardor* quo vexabacur infasliz pro Amafio > vc videre eft > nee line pudore fingulas exprefliones amoris teoerrimas refer- rem, fed cantum vnam > vel alteram non omictam > vt ab vn» gue Leo dignofcatar > vc in epiftola 1 7, ibi : Jiche voi non po- fetepiu dire, cbe to non vi voglia bene tperche tutto queUo > che^ volemalSignorGaidoevoltodvoif cbe lo meritate - £t \xtc fors^n eft cauia cur renuebac iacere cum viro » vt anouic di> ^a epiftola di^ D. Albergocti ibi : LaSignora Spqfa guijid titalinconica, e due/ere dopo lapartenza di lor Signer i feet Jire- pitogrande tperche non voleutt andareddormire col Sig, Guido Jm Con/ortey il che mi difpiace affai : foL 190. In prima Epiftola , ibi— Ilmio, affetto nonhi pHi freno — In, quarta ~ lofonpronta d fat quello » (he i/bo detto — In deci- ina— Prendero in piaeere quelle pene , cbe vifon grate ; & lon- guraeffcts &nimiam naufeam afferrec finguU rccenfero; Male cnim ferebat caftis moribus Arccij fe conform are , af- fueta liberiorcm vitam traduccre, vt legicur in Epiftolis Domini AbbatisFrancefchini exaduerfo produiaisy»/. 179. iergo , ibi — ^elle occa/oni , chefianoftate di amarezza tri V» S> & il Signor Guido io non le voglta ^amnare ^ so ben dire , cbe [cvi] ebe/e i prctceduto per volets indfizzare alU eq/lumanze detla^ Patria la SigmraSfofa y quefiopud , edeuefarlo ilMeirito , y^ perche Jopra la Moglie gli da I'auttoritd Dio , Jlcome per c he e praticodelle vfanze » etratti delta Patria, chtfe F.S. & il Sig. Pietronelo impedijfero farehhono maU, dfalAfarifo locca^ auuertirla Millie— Ec in zXi^fol.ii^, ibi — Nemi pojjoper- Juadert > ch« li miei Madre-, e fratellifi portino in forma talc^y che obligbiuo dfarefimili trafeorfaeei — Ec poft pauca j ibi— Et apprenderCy che quelh dat miei fi andaua in/inuando alia Si- gnara Francefca al Sig. Pietro idf'd F.S. non erafe nonperpw ro zelo del decora della Cafa > e loro . Viceuerfa in Itcteris di(5li Eccleliaflici idem defumicuri vc iii^ Epift.20.ibi — Riceuo i/uoi cdratien abondanti di quelle efpref" fiotiiitc. ficontentiriceuerminelfuofenQ nel quale ripofa tuttii miei affetti — Ec qux pertinent ad fugam rcddu ic clariorcrrL/ Probationem mutu« vicifllitudinis , vcpotc verificaca ab effe - dlufequuto, vt in Epiftola i8. ibi— vorrei/apere/e Domi- nica a/era t eioi domahi a fera potete partire •, perche fe non Ji parte domattidferaf Dio id quandofipartird per lafcar/ezza^ de'Caleffi— & paucis interpoficis — £ lei/ubito (be vede , che fono dormiti bene » mi aprird , accioglipoJU'a dare aiuto dfare^ i fagotti-, & a mettere ajjleme i danari — Et poft pauca — Pre- gaedo tl Sigttor Iddio » che cifaeci riufcir bene qu^o mftro di- fegno. Et Epiftola 19. eiufdetn AmaH/) qua dantur Amat£ documenra non obfcure etiam nos edoccc cuius qualitatis efl'enc A mo- res r ibi ~ Cbe ilgelofo/irmfiri rappacificatoy e che habbi detto-, eheftiate alia finder a , e vn cattiutffimofegno ^ perche in quefto modo 'oorrdftoprire cofafate allafenefira » &d che fine cifia- te i Mibd detto il &c, Che bora epiagehfo diprimat e cbefc^ wene in cbiaro di nulla yfivuol vendicare eon darci la mortc^y e cbe vuol prof mr are difare ilfimile dme . Comprobaturvltcrius>quodifte mifer Inquifitus deplorabili- tcrexclamat non vnotancum Ainalto Aretij fuiflTe contcn- tam , fed a pluribus Procis coinquinatam , vt vituperia eius Domus muItiplicaretyc/.pS. tergo-, Dum non obfcure Jegitur in feptima Epiftofa -, ibi — Mi incontrai con il Signor Dottore^ coTne alfaiito , mi dip doue andauo-, eper laflrada mi dijje per- che gl'baueuofcritto difpettofa i logli diffh che meritaua peggio, perchefaceafatti cattiui , e buone parole , perche diceua di vo- lermi bene, e poi lo vuole alia Seuara, & altre ,8cm x 5. ibi ~ A 4 eirca nna ii Do/tore lei nfoffendt ten iiirmiy the to tornero ad amai^ hi > vi dico » ebe/e n^eejjt at mondo vn Sole j non bo cuoreper altrapiaga, Patet igitur an honeftain Caufam Francifca habueric diuerten- cendi a Domo Viri fiuepotius concicaca fueric i vehetnend- bus amoris calcaribus; dicatur modi^) quod ad bonum finem huiufmodi litter* milfos fuerunt, vt alliccretur Eceleffafticus ad cam aflTociandamiVt cuiearet mortis difcrimen » in quo ex iniufta caufa repericbatur> & quod potucrit in Societato Amadj tutum feruare pudorem » dum pro certo amorofx cx- preffiones fa(5tx in dd. Epiflrolis non prsefeferunt caftitateau Animi , & pudicum atfecflum » & fane deficiente caufa iufta^ fagiendi> corruit velamcn,quo falacicas obumbrari prxten- debatur .Fateor luditham caRifHinam Viduam decora facie> & vndique ornatam perrexilTe ad hoAem falaciinmutn > fed ad explenddm piumopus ad liberandatn fcilicet' Patriairu non prxmiiKs lafciuis litteris , fed orationibus ferucntibus inunitam > de cuius illibata pudicitia nefas fuit fufpicari j cum imo afflatu Spiritus San^i impulfa exttterit > Hodie ve- ro per quam paucx inueniuncur ludithx ■> fed mulciplicantur filix Loth » quae (i cuftodire proprium pudorem incommen- falitate patris non valuerunc » im6 ne fobriiis negarct > quod impotenter efflagitabanc % inebriarunc cum vino , yt alienatus ab eius mente inuoluntarie ncfario incxftu pollueretur QeneJ. cap. 29. Credimus ne quod Puellat quae Amore deperibat, quzardentifHrneflagrabat focietatem^ Cupidi Amantis , & Amati faluam habuerit honeftatemiiu longa fuga "i quam vcinam in Domo Viri feruaflec ! Etfand H iuiium mxtum ex iniufta Caufa (ibi illatum habuiflec, non vcique ad augendum fufpicionem praux > & libidinofx conuerfationis in fuga dictum EccleHafticum aflfampnilet Comitem , qui eius Viro fufpcAus erat j & qui nuUo gradu confanguinitatis > feu aifinitatis (ibi > vel marito erat coniunr &.\x%, vt yterqud fatetur in nofiro Sufnmario mm. i.liit.G. & num. 5. ////. £. & He ) vt autenticaret inhoneftat^m 9 fed fer* uato Matronali decore, vel mediante opera Reuerendiifimi Prxfulis aliquod Monafterium fuiffet ingreffa > fi veritato > non mendacijs vfa fuiffet , vel habito recurfu ad Prxfideoij laicum , ifte cundis exploratis > aut tutum reditum ad Vrbem honeftis Viris » ac Mulieribus comitaotibus prae- buiflet > vel penes honeftam Matronam cum dclncis cau- tio- [cviii] tionibuscoliocafTetiautqiiotieS) de acmroconBdifTetiSc ftacuiflct ex fc Romam reuerci faitcm cum vno ex Actinenci- bus iter fuiflet aggrelTa. Proiie labitur aliacxcufatioad colioneftaiidiiinillicicum Amo- rcm, quod depr«diAis confcius erac alter £ccle(iafticus Ic- uirCognatjedi^Francifcs^ dumfi bend percurrantur fu- pradi ibi — Per- tbemihddetto il&e. Che borteepiiigelofodi primal eebe/evie' neirt ehtaro diuuih^vuolvendicare " An autem £x ditflis verbis poflimus defumerei quod cafti eflctit amores inter ipfos , quia dc prxdi^iserac Confcius Alter Ecclefiafticus , quifque iudicct. Scio tamen , quod ad fibilum Amafij in^ iociecace d. Alterius Ecdefiaftici fe cxpdnere Francifcam in feneftra non bene olebat, vt deponic in Proceffu fug* TelUs Fifcalis 107. tergo xo8. prdindd non fine Caufa Dominu* Guido rufpicabacur etiam de di^o fecundo Eccledaftico 1 vc ipfa Francifca alferuic in fua depoHcione diffo Summ.mJiro flum.2. ante lift. A, H is prsehabitis , hoc eft non conftito, quod Francifca fine iufta, & legitima caufa fuiflec perculfa minis mortis » imoconftico de fufpedliilima correfpondencia cum Amifio > confequens eric 9 quod minx proferebancur a Viro -, vc honor eius fcrua- recur > & fie erae in potcftace eiufdem JFrancifcjs fe eximcrc a prxdiv5tis minis fine fcandalo fine fuga, fine opprobrioj fed cafte viuendos fed ipfa nimis procliuis tintillo carnis omnia poftpofuerat, vt Itbidinem expieretjnuUo habito refpci^u ad violandum fj^dus coniugalejde cuiustemeratione nimis inco« gruum eft dubitare * cu manifefti liqueac ex dedu(^is in Pro* ceftli } & fignamer ex reciproco Amore inter Amafios > vc ad- ticnitR0tadee.9$.n.6,par.2.diuer/br.i & cxiitceris tamce- nerrimas cxprefliones continentibus 1 Antaran-ineap.Prate- rea num. j. d* ibi Felin. num. 5. de Tefiibus > Pari/, eonfii. 54. num. 64. lib, 4. Rymifiald. lun. cen^. 2 74. num. g. lib.i . Ma' feard, deprobat, eottclu/,6^.num.io.infine. Iagreflus>velcgreflus d. Ecclefiaftici e Oomo Francifcx tem- A y pore [cix] porefiifpeAo, die quo deponitTcftis Fifcalfs loy./^r^oiibi*- Hdtjnfim deWMe Mtu^ia ejftitdo neiia msdema jSneJira viddi cprire I'vfeio pianpiano di detti Signori Prancefcbini , dai quale vfct detto $ignore&c. e/uccbij^e net efcire detto v/cio , ma non lo sbiufe affatto > e di It a poco detta Signora France/ca PonipiU» cm tl lume in mano vidi j eie cbiufe detto vfeio — & comprobao tur ab Epi/lola 1 1. ibi — Eper quefto lo non mi potrete aprire quello della Rimeffa c^r. de per fe eft validus probarc Adulterium^ quoties etiam ageretur ad irrogandam pcenam, Polidor.Rip. de noffur, temper, cap. 36. num. 14.} Farinac. qu^Ji. 1^6, num.122* Proie^io eiufdem ad feneftram ad nbihimdib) noduque, Sc nutus mucui > de quibus deponit d. Tejlis io8. funt valde e^ ficaces ad probandam copulam carnalem > Ancaran. in dido cap. Praterea num. 3. & ibi Butt. num. 9. adfinem , Felin.pofl num. I ^,dt Teflibus . Modus quoad fugam fe praepararunc contlnens , vt ica dlcanw» Ipeciem Infidiaruin,vt dcfumirDr ex Epiftola EccleHaftici iB< ibi — Sopra il tut to cercbi di mettere in tutti i Bucaliy e lei non^ nebeua — qui quxrendo opporcunitatem mifcendi fomnife* ra perfcrutabatur cuiiis coloris vinum inDomo biberecur« ne vcauthiimOf alterants illiiis color medicamine admixto iufidias proderet, vt in Epiftola 4. ibi - Poiinvirca/e _fi/egm* ta a bere il vino rvjjo vi dico di it — In 1 2. ~ Mentre lei dice> cbe nonfipuo.Jar dor mire mi a Madre > mentre ft i male , e non beufvmo— Erin Epiftola ij.— In quanta a quello, cbe vml /apere del vino vi dico > cbe e roffa.per bora 1 md put in qua aoiLm J0 come/ard » wd ve lo farof apere . Accedit quod di(5ta miferrinia afficiebatur Zelochypia di^ Be* clefiafticitvt notatur in Epiftolis y^ ii.quxnon folcccoo- cipi > nifi ab Amamibus; Quo orca cum fit innegabiiij amor carnalis inter ipfos reciprocus , non puto pofle dubitari«quin difceifus fimultaneus a Dome Viri , & afTociatio per longum tramitem probeni Adulterium) Farinace. difia qu^tft. 136. num. \%2.^ eft Textus in teg. con/en/u %. Vir quoque Cod. de repudys , ibi — Aut ipjo inuitoftne itffia i ^probabilt caufaforit Jcilicet pernofiantem . InprogreflTu itineris ofcula ad inuicem impi^a) dc quibus dc- ponicTeftis Fifcalis* quem ea vidiflTc de no^e inProceffu non [ex] nonreperio , vt eiaduerfo fuppooic(ir9 Ced/U, xoo. aflleritf ibi •» Seio wddi > eht alU 'uoltfyftaeiauMiot St qnae cam anxi^ itnpinsere Francifca defiderabaci eademqui rccipere « vc ia Epiftola 1 1, ibi — La ringratio deUibaeii cbe miinuiatt « ms /e me li dafjim da •vol I'bauerci eari * <> io i/e nc di altre tanti milliom-* EcinEpiftola lo. ibi— E dandoui vfi*atmtq/o bd' cio — £c in J . — La/ciauo di maadarai vn millione di bad — 9c paflim in alijs , reddunc Adulcerium non ambiguum , adeouc non define afferences > quod probato ofculo , dicatur proba- tum Adulterium, Clar.%.AduUepium num.i6.Laurent,Tenniru in prafl.cautbel.6.num.t^ ^, Quo circa nemo , ni fallor > cam vecors > & ram infiptdar mentis inueniri potent, qui fcicns, qusrecenfuimus non (irmiter credac, quod cumxeperircntur in Cauponis in itincrc , (iuo node ad quiefcendum , fiud mane ad le refocillandos pudor Matronalis non fueric temeratus . Sed profedo omues prorsiistolluntur Ambjges > dum omilfo » quod ille Ecclefiafticus veftibus iaycalibus inducus eflet 4. xoo.quod non leue momentum affert ad probationem Adul- cerij Mattbau, de re crim.controu, 1 1 . num.i i. peruenerunc in- iimul ad Cauponam Caftri noui Tub hora prima nO(flis cunu dimidio, vc cres Teftes Fifcales concorditer deponunr44. tergo 47. 49. Et licdtin Manfioneduo le Hefior, Mmil. de tejitb, verh.Te^ ftis Adulterium num. 33. Farinaee. diila^u^/f.tjS* num^ijo* 8c ali| pailim vltra rclacos in alia . Qualis quipp^ probatio efiifacior euadic a Mendacio Francifcc afTerenris peruenifTe ad di(5him Hofpicium in Aurora > diflo Summar. num.t.li//.F.& L.Si eniin oil malt fuiHTcc per atSum^ non vcique vehcacem occykarc teoca(fec > vt beni in propo - fito Riminal,lun d conJ.i'ji^Mum.6^Md 67. DemUra fencencia , feii Occrecum Tribunalis> quod datur itL^ Summario num. 8. vbi condenanatur diAus Eccleiiafticus pro cognitiooecajEnati Francifcar , reroouet omne dubium t quii Adulcerium reddic nocorium , tt in alia probacum fuic. £c licdc aflcracur fuifle in mence Dominorum ludicum illud A 6 mo. [cxi] tnoderare 9 & adderc — propfdtenfa cegmttone carttali — non tamen fuit moderatum > & nihilominfis nihil ofaeiTcc > poft- quam ad aures infxlicis mariti fuerat peruencuiQ Adulteriiim vxoris manifcftum > & notorium canonizatum fcilicet per ludicis dccretura . Praefertim quia* & fiab eoprxfcinderemusiadhucadefFeifium* de quo agicurj copula carnalis plufquam fufficiencer proba- ta remaneret) quis^ non agitur de inferenda pcena Adulcerx* fed Adulteriutn excipieDdodeducimu$,vtaducrtit^4///&<«». in prxciiis terminis diff4 eontrou. 1 1. num.2 ^. 8e in fortioribus Spad.eon/.S3. inprincip.lib.i, Eftenim regulare > quod Adul- terium prxfumpcionibus exhuberanccr probeturad effcAum Ciuilem i ad feparationem fcilicet Thori > vel ad ammiflio- nem Dotis » Hqftien. in cap. litteris pqft numerum^. verb.Di- uorty > C^ ibi Butrius num. 6. de prafumpt. Soccin. lun. eonf.^z, rum. 9* in fine Hb.2. Ferrett. eon/. 1 68. num.^, 'Bertazxol, eon/, erim.2o.num.9^ Nee releuat,quod aliqux exdiftis vehementibus prxfumptioo nibus probentur per Tcftes (ingulares » quia agimus de pro- banda Inhoneftate J & Adulterio in genere , ncc ad efifedunk condemnandi Adulteram > fed ad defenfam Inquifiti) vt fen- tit in pun(5io fcribens apud San/alie. deei/.^^j. num.16. dh »jn ^ ante eum Clar. S-final.qndJi,^ ^.num. i^.Farinaec.qui^.6j{k num.22 3. Et ratio eft euidenti/nma , quia vt excufetur maritus ab homi- cidio vxoris adultierx ex intcruallo » non requiricur exada^ adultcrij. probation fed fuperabundat vehemens aduJterij fui- fpiciO) vt deciium teftatur San/elic. di£la deei/. 557. num.tj, Kosautemverfamur in fortioribus 1 quia nedum habemus vehementes fufpiciones deduAas per'Teftes fingulares > fed alias etiam exquifitdprobatasjimo apertiffimas probationer per Fifcum dedu Aas . Parum obftante tr quod Francifca prope mortem feexculpansi & Amafium > aftcrueritnil mali interceffiffe inter ipfosj quia huiufmodi exculpatio nimisa£Fediatafuffragaretur> quoties antecedenter focium inculpaflet » & nuilo alio indicio eius inculpatio fufFulta cfTet >& ha?ciuuarec focium non ipfanu . Atpoftquamdematrimoniali£defi:aAa ex Aipradi^is pro- bationibus conui^jta remaQet> abfurdiun effetjquod exculpa- tio [cxn] tfo fafta, vt honcfta mori viderctiir tantje e/Tec cfficaci*, vt probationes fax turpitudinis abolere poflTet Mar/fl. inpraii. S. refiat num. 1 2. d^• 1 6. in fine Burfatt. can/. 2 o i. num. 14. R/- w/W. /«». con/.^ I o, »»w. 1 7. Farinacc. quajl. 45. »»«». 72. , & quod hoiribilius eft , vt ex difta excjlpatione occifor gra- uiuspunirccur . Credo, & fperare iiiuat eius anitnam in loco fcmpicernK falucis cfTe podcam, mediance Diuino auxilio,du(n tempus habuic dcteftad anceaiflun vitam, (cd nulluscordatus homo lauda- re poterit eius Teftamentaiiam difpofitionetn.in qua eius fi- lium vix natum, & ideo innoceinem Parri occuhatum folum, vt audio in legiticna > & extraneucn nullo nexu affinitatjs , feu confanguitiitatis conluncbum in reliqua hsreditate in- ftituit . Ex iiis igicur patet adulterium Francifcoe efTc pleniffimd proba- tum 3 & proindc iuxta ctiam fenfum Fifci eiafdem hotnici- dium, & (i ex interuallo patratum non eftexpiabile pcena^ Vltimi fupplicij) nedum ex iufto d olore concepto , fed etiam quia honoris Ixiio fempcr vigec iuxta illud Virgilij Mneid» lib, prima . SJernumferuansfuh ptlfore vulnui . In nihilo refragante, quod non Occident rxoremtSe adulterutn* quos affequutus fuerac in Caupona Caftri noui , immo cura- ueric eorum carcerationem> qua(i quod poft recurfum ad lu- dicem non potuifTet de fadio Cuutn honorem vlcifci . Qooniam toto Cxlo ncgamus potuifTe ah'quem illorum interfi- cerC) quia vei citato itinere fe(rus9 vtl agitatione mentis ita perturbatusi vt febri corriperetiir , ^ vlcra quod prxfenferac didum Ecclefiaftinum armis fulphureis efTeprafmunituni) vC in Proc^elHi fug* ipfe afTeruitj tempore fcilicet non fufpe vt ex Tefte Fifcali fel.iSj. & ipfa Francifca fatetur Summ. nojlro num. 2, lift. C. alias inquifitus pro exoneratione Archibuflatv in fiirruarios* vt ipfe alTerit 71. Et infuper nimis promptus> & difpoHtus ad refiftendum, vtin Epiftol. 18. vbi Joquensde fomnifero pro* pinando domefticis addit ibi — E /fpff cattiua difgratia lo-i fcoprijjeroi eia minacciajfero dimorte^ aprapure taportat ebeo mortro con voiy oviliberaro dalle loro mani -^Vxot vcrd in- [cxiii] cerrita> mlnax> irata> & fiiribunddf vc e£(eAas demonftrauit, dum redado io pofle Curie Ecclefiaftico coram Birruarijs i & Teftibus aula fuic cnfe dcnudato irruere contra v'uaau > querodefacilioccidilTets oifl fiiiflec impeditaj^/. jo. ipfu vero inualiduS) 8c viribus itnpar non pocerac vtrumque » vel iftorum alterum occidendo vindidam fumere enfe viacotio folummodo inftruduS) curauic eius carceracionem in illa^ confiifione animi* vt nonpotens occidcre euiearec concinua- tionem curpicudinis>&hac via impediret fucura adulreria^ > imtno) quoti^is occidcre potuifleC}& non occidiflet eflec lau- dandusi quia non adhoc per fententiam ludicis notorium fa- £ium erac adulterim> de quo folummodo vrgebam fufpi- ciones . Quo vero ad recurfum ad ludicemi quando affirmari polTet re* nunciaiTe facoltati occidendi vxorem adulteram > qi^od oe- gamusi fupplico aduerti , quod prudenter fe geffir Tribunal collocando Francifcam in Monafterio > vt decenciiis -» quam in carcere conuecfaretur > dt deinde vifa atteftatione Medici de eius infirmitatc, ne ibi defticuu necefsarijs auxilijs more- retur> & fie fubiret in procedendo poenam* i qua vbique lo* corum receditur » permittere ateento confenfu Domini Ab- bacis Francefcbini frattis D.lDquifitijvcpen6sGcnitorcsde«< poneretur cum caucione de habeado Domum pro Car- cere. Sed laudare nonpofsum cuifquis fuerit > qui curauie euellere^ Francifcam aMonafteno£ilfo commentoinfirmitatiss duoi decentius> & magis legicimd poterac confequi iacencum ve- ritate pacefadla, nempc ob praeganciam,8( vigencem vterum» fed id factum fuifse aon ob aliam caufam i nifi aut vt Domino Guidoni filius occultaretnr » dam lex prsfumic &• lium fuifse gcnitum ilegttimo Patre* quamuis vxor fe prx- buifset incominentemi aut credens Francifca ex alio cooce- pifse* quam ex viro pro poise palliauit eius grauidanciam . Placeat inMrim iUuftriffimo D.meo pauld vergereQculos Arc- tium > & parumper coofiderare 0« Guidooem iafamia noca* turn* dum ad eius aurcs peruenit decrecum (ondemnationif adulceri, adultera vfque illuc fincpoBoai pcfcieosob infir- mitatem fuppoficam oon pocui&e pnnirii 8t in Puerperio fibi de iodttfttia occultaco iocapACcm e6c gaiati videos tnfiiper Fr4il^ [cxnr] Francifcatn reuerfam in fufpediniiiiuiiii domum VetrUSc Via * lantis 1 qui indillarunc inhoneftacem Francifcx , qui cam re« pudiarunc , & filiam mxrcnicis eCse projf^fli Tunc , perdidic omnem paciendatn> vt liquet ex difpoficione filaflj ^/. ji8. ttrgo ibi — Md di piufbauota ripigliata in tafa > dopo ebcgti /SerafUggita^ beusbclui Vh»wjft mejfa n«l Monafteroy qu« conuena in defperacionem coegit infelicem virum ad un- dem honeftum ti&^t nee idedrccurfiis ad ludicem debet illi poenain augere> vc in pundio£M0. eonf,x, num.TJoerf.fi Ma- rt tut occiderit vxorem iib,^, Non negamus D. Abbatem Francefchinum dedifse confenfum redu^ioni Francifcs ad domum Petri, & Violantis, vc Re* ligiont Domini mei Fifci Aduocati acquiefcam> fed ad funi- mum orctenus} quia in fcriptis ilium videre non potui s Ve> rum in noftro propoHto nonafficic D- Guidoaem > cum non liqueat fuifse certioratum de tali conrcnfu » & quatcnus Fi'' feus pra;fumac fuifse edodtum ab Abbate Francefchmo eius fratre de diCto confenfu , coadi erimus affirmare > vel fcien- ciam non prxfumi « vt infra oftendetur i vel ad omne peius adefse fcientiam prcfumpcam , & non pucoj quod ex huiuf- modi prxfumpta fcientia poflit irrogari poena mortis > & D. Guido condemnari ) cum non fit de di^a fcientia confefsus , y€\ convi&us cap. nos in quemquamt.quaft. i. ihi — Nosin quemquamfcntentiamfirrenmpojjumut nifi aut tonuiifum^ > amtfponti confeffum . Ijnd fi O. Guido fafsusefsetfciuifse confenfum prsftitum a D. Abbate eius fratre sCum tamenifi« non haberet mandatunu fpeciale^ nee generate ad liresifed cantummodo ad recipicn- das pecunias fibi ablatas^Francifcaj vt videre edfal. 136. Bxcedendo limites fu; ^cultatis esafperafset ipiius animum nee non Francifcaf> Petri , & Violantis tcmeritate it?, excan- duifset infrlix Vir» vt rapcretur fcr^ dixcrim coa^^ad vin- didlam fumendam iquam diftulit quoufque fpem habait di~- rimere matrimbnium per errorem perfonas contra c^d fcilieet crroc q«ali- tatis perfonae non reddit nollum roatrimoniom> fed error in- diuidui Tancred. dematrim. itb.7.di/put.iB.num.S, Nee refert, quod Francifca tempore » quo occifa fttit » cfset fob fideiuflione de habendo domum pro Carcerc^quafi quod ex- ticifset fub Principis cuftodia > qooniam quidquid fit fiiuu Prin- [cxv] Prificipis odium inquiCttts Francifcatn occidifseti dum ta* men fuum honorem recuperare voluir> & maculam CuxxRi- macioniinuflamdeteroercilljusranguine* & (icexcaufa^ particular!) prxditSa afst-rta cufiodia non atcendicur> nee de- liduin aggrauat vt in fortiori cafu de offendcnte habentcm Ciluum condu^um a Principe dtftinguendo Srm at Farinacc, qu4^.z9. num-\%.& Ante eum Mafcard.de prohat.comL 162. num. I S. <^ 19. vbi quod fciencia non prxfumitur . Prxter quam quod quando loquimur de cuflodia intelligero debetnus de publican non de doaso priuaca>vc in alia proba- ut, nee fatisfacit rcfponfio.qnod proccderct in ipfo cuflodi- to» non autem dccuftodiam Violante^ quoniam nefcio rcpe- rire probabiledifcrimen inter vtrumquc > cumvtcrque agar de effagienda poena » nee maior ratio con/iderari poteft itu vno» quam in niioiimo maiori excufatione dignus eft certiuS) qui huiufmodi cuftodias frangfc, non probata fcientiajquod ofFenfus fub tali cuftodia exifteret, quemadmodum excu fa- ult occidens Bannitus ignorans Rebannitionem Mafcard.de probat. d concL\62.num.27.Fariftacc.qua/l.io^.n.i2^. Si vltima poena nonfitpuniendus D.Giiido ob Vxoricidiurru9 eadcm rarione puniri non poterit ob homicidia Petri ,& Vio- Jantisiquia eadem caufa honoris commifsafucruntttum quia adillorum inftigationcm Francifca rcperijt Amafium > turn quia vt magis D.Guido vituperareturnon erubueruntdecla* rareFrancikamcx illicito coitu genftam fuifse in lucenu xditam per meretricem > quod multiim deturpat honoreni^ totius Domus , vt obfcruat Grafian. difcept. Z6^. num. 4. ^. & 6. cuius filix folcnt matrein imitari « turn ctiatru quia, vcfupradixi, Inquifitus exardt > habita notitia do regrcfsu Francifcae ad eorum domum 518. tergo , ^Jequen. &comprobat Alexander in fuaconfeffione 646. ibi-- cbeji doueua ammazzare la Moglie^ Socera^ e Socero-, perebe detti So- cero t e Socera teneuano mano a I malfare allafigUa , egliface- uant i Ruffiani •>- Quod inagis ciaruit in fataii fero , quo oc- cubuerunt, nam pulfat j lanua^ & ftatim ac Violantcs audiuic chariflunum nomen Amafij > iilie;6 illam aperuic , & patcfe- cit) quod nifallorremouctdubiuro^ quod PetruS) & Violan« tes non f grcfcrrent amores filijBj & Amafij . Hoc vnuni eft,quod aut compeilimur faceri didos Coniuges de Comparinis dedifsc nouam caufam IxHuam honoris reci- picn- [cxvi] piendo cam dotni poflquam declaraueraht non cfse eorunt^ filiani) & de adulcerio illius manifcAi conftabac > & proiadc reccdendum efsc a poena ordinaria » vt bcnh Ber/azzol. conj, 43 4. num. 1 5 . vf r/I •verum/umus . Quamuis iuftus dolor con- ceptus fcrapcr cor prxmac, & ad vindidlam ftimuleti vtprse- tcr in alia relates lofeph Melein addit. ad GuizzarelL dec.iZ. nvmt 5. Aucadhuc durafsC) imo auAam fuifse caufamiufti doloriS)qux fatis eft ad afserendiim homicidia dici incontinent! patrata> vt egregiiin terminis Rum,4.ceft/.2, numq,poJimed. verf. du- rattte igitur tom.$. Honded.conf.io^.num.^o.vol.i. BertazzoL dx9fff.^l 4. nnm. 1 5 . njerf. Prttterea , lofeph Mele in addit, ad GizzarelLd.dec.iS,nu.^.&/eq. de Ponte depoteft.Proreg. tit.t, S ^.num.^2, Cumqiie turn ex confcffione Giiidbnis , turn ex confeflione fo- ciorum, turn deniquctx tot probationibus ia Procefsu rcda- dlis conftet D. Guidonem motuin fuifse ad illos occidendos ex caufa honoriS)£ruftra Fifcus prxtcndit ex alia caufa cxtra- neadeli(fla commififsc, namvc verumfatearnuliam aliam-* caufam reperio ■> qua? honorcm non tangat , & vulneret ; fi contemplemur > quas D. Guido recenfetin Proccfsuytf/. 96. 97. Quod fcilicet praedidi ConiugesdeCompariniscuraf- fent fugam Francifcae « quodque in(idiati fuifsent eius vita? t quod vnum fufficerct ad euadendani poenam ordinarianu Bertazzal.con/./!^^ ^, & ^.^/^.Grammat, dec. 5. per tot. vbitc- ftantur fuifse mitius punitum , qui occidi mandauit minan- tcm licet non plene conftaret de minis, vt patct »a. 1 6. verf. ^fidicatur fequitur Tcb. Non. con/. 109. nu.6. & funt Textus dart in I. prima C. quands lieeat vnicuique ibi — Etmortent-Jt quam minabatur excipiat-jif idquodintendebatincurrat^ <^m l.Jicut allegas Cad leg.Cornel.de Sycar. ibi~ Dubiumnoneft eum , qui inferenda necis voluntate pr^eejferat iure cafuau videri . Altera caufa dedu^a per Fifcura confiftit in lite mora fuper annullatione promiflionis Dotisj Super qua exaduerfo adhi- bita fuit omnis folertifllma indago^ & propterquam prjBten- ditur in pjnas Conftitutionis Alexandrina, & Bannimentcirum incidiflcjfed profeifto labitur prgtenfio , nam (i bene iotro- fpiciamusl, fine diificulcatc reperiemus huiufmodi Caufanu non [cxvii] non efTe minus offeofiuam Honoris, nam cauFa ob quam Pe« trusfe (ximere tentaueraeabobligationeprxftandi Dotem promiflam ilia vnica fuit, quodfcilicitFrancifca non cflet cius filia > fed incerti Patris > & Mj retricis , an autem huiuf- modi declaracio vulnerec arxiftimationem Nobilis Vuh ova- nis Homo agoofcec . Vtrumque fit huiufmodi prf tenfio locum fibi forsan vindicaro pccerac antequam vt fupra dixi haberencur confc(!iones Do< mini Guidonis* & Sociorum , tunc cnitn Fifcus poter.it cfTo ambiguus ex qua Caufa femouere potuerit ad occidendum i At poftquat liquet ex omnium confefHonibus caufam Hono- ris dediife impulAim) & compulifTe ad occidendum ) vc Do- minus Guido ifficrit fiLS^S. ter. ibi — E dare alii medefim delleferite inriguardot che li medefimi mi haueuano tolto I'Ho' noreytbeeilprincipale-' Fruftra quf ritur an obaliam Cau- fam illos occiderittquo circa cum de caufa Honoris liqueac Fifcus nunquam potcrit probare illos fuiflfe occifos ex caufa litis , & non Honoris j vt pernecefTe requiricur ad incurfiunj Bullae pr^dida?) vt in pundo MandoJ. conf.6i. n.i, ad 3. Rota coram Puteedteif.gj. & 98. lib.i. Quae etiamaptanturrefpedu Homicidij Francifca; > qu; inren- tauit ludicium Diuortij j nam ft ob aliam Caufam praeten- diffet feparari) nee liquerct defua Inhoneftate t tunc vtique fa^us eflet locus Alexandrinae > At cum leefus Honor caufam dederit Homicidio longe verfamurextia terminos Alexan- drine 1 alias adinuentus cflctpulcherrimus modus * vt impu- ne Vxores proftitueretur > namfi poAAdulteriaadmiffa in- Aituerent ludicium fuper feparatione Thori reperirenttutum confugium ad euitandas Mariti \\xRk iratas manust&tuto redderentur Clypeo didx Bullae> quamuis non obtentatunu diuortiuro) fed ob earum Inhoneftatem o£Eenderentur . Qualisp^na vltimi Supplicij eo minus ingeri poterie contra D. Guidonem fub prf textu , quod contra formam Apoftolica- rum Conftitutionum) & Bannimenrorum Homines Armacos congeneric 9 nam quando etiam controuerteretur : An liceac Viro congregare Homines ad occidendum Vxorero Adulce- raroi adhuc effemus extra terminos CoQftitutionum«qu^ lo- cum habent , quando Homines congregantur ad indecermi* natuin inalum>& malum fequutuo noneftitunc enim aptan- tur [cxviii] turdifpofitionesBullares, at quoties vniuntur Homines ad patranda delidai tunc eis fequucis actendicur finis>ad quetn Homines congreganfueranc> ficillius poena indidcur> nee amplius qu^ritur de principio, hoc eft deconuencicuU) vt in alia probauit & addo aliud Votum Oranipaies Decif. pojl. %. voLcanJil. Farinaet. vof.6 1. num.to. & ibi Adden. litt.A. in^ fincy vbipoftdifputatamquxftionemafleritibi— Bed certe pramiffis non obftantibus inoceurretui tafu mn sredo recedendum mrejolutione tantorumwrorum ^ quos crtdtndum eft omnia^ cum maturitatfi&prudeatia ctn/Sder^tt & ttfctipfijft S,D,N. CltmeMtiVlU* — Et in fine additionis ceftaeuricd fuilTeiu^ dicatum in Camera Apoftolica de ordinedi(£liSummi Pon> ti^cis yBartol. in Lnunquam plur a num.io, ffi de Priuaf, df" Qood eciam remanet comprobacum k Bannimentis lUuftrlffimi Domini mei capJ^z, vbi imponunt pf nam pr6 coadunatio- neHominumad malum finem> fi ille prauus finis fequutus non fit) & nihil decerroinanc vbi delirium > pro quo Homines eranc coaceruati ficconfumacumi quia hoc caiu poena? con- uenticulae ce(rant>fedingericur folummodo p^na patrati de- \\&.h vt fupra didum eft . Ec quod congiegatio Hominum ad efledum recuperandi di- gnitatem non cadac fub poenis Conftitutionum Apoftolica- rum penes Farinaec. eo^f,6$.nufiu66> Remanet tandem Armorum probttorum delacio, quam & R nonnuUi Dolores alTeruerint qon effe confundendam cum delidio principal! , contraria camcn Sentencia crebriori Do- ^orum calculo recepta eft^ quia attend ieur finis* quem** principalitcr Delinquens in mente habuit , vt in noftris prf «- cifisterminis Bartol.inl. numquampluraHum.j. & ibi Ad* den. litt.C.ff. depriuat. deltd, > & ibi Angel, num.8, cum ad- den. litt.B.pqftmediumi Bald- in lAduerfas num.7. C. deftir- tis , Andr. Barbaf.de Cardinal legat.^* quaft. num.%6. , Mai^ p.in L/iinRixanum.'), ffiadUg.ComeLde Sycar.-i & In I. vnicanum.^/^.Cod. derapt.Virgin.t&in Praje. crim. %.Pro eomplcmento num.i%. & poft quamplurimos lodoc. inPraif* enm. cap.Tj, num./^. Andr. de I/em, in CdnJht.fi quis atiquem de Percuf illicit, cum Armisinfin.prineipif verf.Jedprima^ opinio videturveriory Viu^comm,opin, verb. Statu/umpnnientt Ber^ [cxix] Ber/azzoi eott/. criminal. 5x0. nam. i. Cepbal. eorif.ic^. 042. &feq.lib.i' Farinacc. quaft.it* tium.io. £t in pun(5io , quod occidens ex caufi Honoris cum Armis prohibicis micius adhuc puniatur iudicatum te/lacur Matthau, de Re crim.di' (la controu.ii- num.^6' & 47« Quod ctiam procedit in fortiori cafu plurium DeIi«flor.um> quae poffuntpacrari commode feparacim) &tenduntad finem^ diuerfum > nihilominiis H eodem tempore) & ad eumdem H- nem coramitrancur > vna cantum p^na principalis dcliAi iru SDcnte habiti imponituf) vc volens committere furtum Ci tranfcendat muros Ciuicatis » quamuis illud pocuiflet com- mittere abfque deli(5to tranfccnnonisj quod eft grauillimum farinacc.quaft.zo. num.x/^6. adhuc vnica tantum p^nafci- lic^t furti punitur veluti principalitcr habiti in mence paulo acerbiori pro tranfgreflione murorum Ciuitatis> non tamen grauiflima Jofepb. Ludouicdecif, Lucenf.61. num-^. verf.ft fueroforent par, i . Farinac. qu^eft.i 2 . num. 2 5 . Non melatet)quod Bannimenta Illuflrifllmi Domini meir^^.8. videantur dirimere quxftionem difponendo > quod poena^ delaitionis Armorum confundi non debeat cum pceaa delicti cun^ eiscommiffi 1 fed vltra , quod Bannimenta non com- prjfhcndunr aliqucm ex Socjjs vri forenfes , & nonde diftri- du> cum tamen partiuam iotcrprftationctn recipiant a luro communi) quotics Arma dcferancur non ad malum finem, Sc deinde aliquod de|i(5tum commitcatur cum eis i quia Deiin- qucns non hahuit in mente delidum) quod patrauiti tunc de vtrpque punicurtquia diuerfo tempore diucrfa criminacom- miiit) at quando quisanimo Decidendi arma prohibita de- fcrat, & exinde occidat, tunc atrenditur principale deli^um Homicidijs cuius concempiationc Arma geftauic t & Homi- cidij poena imponitur>non autem delationis Armorum» vt ia pun6to fie diftmguendo cottiprobat lo: de Plat, in S.Item lex Julia il 2 , in fine vtr/./cd quero Anfialiquis Inflit. de puhlie, ludic. Supplico aduerti > quod Faciau« » de quo agitur> reddicur con- iiderabiie, quiatres nil mali tiineares> fed vndequaque tt- mere dcbenccsceciderunt , non ob genus Armorum> quibus caefi funt s & He eorum numerus aon Inftrumentum mortis cxcicauit admiratioQcm 9 &idein pro certofutirec ii longi£» fimis [cxx] funis eii(ibus > vel BioiliSj vel Saxis occuhuifTent > quo circa •dunflfimum efTetj quod Fi feus excandefcac Homicidijs s & pro illis non potens exigere po^naui morels ) exigat cam pro delacione Armorum . Pr:eterea D. Guido negac cxprefs^ adhibuiffc) detuliflfejaut rcr cinuitTc arma reprobate menfurX} & lic^c a quacuoi- eiusSo- cijs afleraturtcrnpore.Homicidiorum habuiflfe praemanibus hreuem culcFum , & (imile armorum Genus dedinfeSocijs, non canien ifti poffunt ilium conuincere ad poenam ordina-* riam , vt bene difputaca materia> & confutatis pontrarijs fir- mant Fari». qu*fi. 49 . num.'] 6. iun&o num. 69. &/eq. Guaz' zin, defenf,^2 .cap.S. num. 5 . 'uerjic.^ua ppimonesper tot. Angel, de ctmfejf. lib.^ .quajf. 1 gjtum. 14. Non negat penes fc habuiflfe Tcrzarolum vndique honuftunijj, fed ilium in occidendonon adiiibuic nee ad occidendum^ gcflabat, fed folummodo ad fc defendendumi quoties in do- mo prasdidta inueniflfet extrancos paracos ad vim inferenda > idque Hbi pecmifTum fuit (lance ampla facultate deferendi huiufmodigenus Armorum per Sratura Ecclcfiafticum, & addereaudacler poffera etiam inVrbe,quia de Vrbeibi nul- la fie memio , quamuis excipiancur nonnulla loca ex veriiH- mo axiomate , quod excepf io firraat regulam in non exce- ptisy Alex.con/.e^.num.i.lib.^.Surd.con/.^^o.nu.j.lib.^. Gra- tian. difcept.forenf. cap.92 2.num.j i« Idque faciliiis (ibi licere, prederc poterat , quia in Vrbejcxca- bant eius hnmici > & hie minabantur, ac in^dias flruebant > vt ipfe D. Guido diciC} & ideo magis erac neceHaria hie de* latio iimilium armorum} quam alibi . Hec releuat , quod ex quo appenfate pratcnditur occidifse ei fuffragari non dcberct licentia deferendi Arma , nam vltra,. qopd ex fupra deduftis > &c in alia homicidia prasdiAa ftante caufa honoris nequcunc dici ex interuallo patrata ; Obiet^u proccderet quoties vfus fuiflet di&is Armis ad occidcndura* fed ijs non adhibitis non videtur poise dici non fuffragari fa- cukatcm. In omnem cafum quamui? defummo rigorclo- quendo poflTct dici armatus dd. armis occidifse, non tameu poena rigorofa mortis efset puniendus Caball.refol.erimin. caf. 90. num. 7. ibi - Nunquam tamettvidi deface in his fa- /ibus d. condemnationmvitafxequiyjed ex gratia in mitiorem commutari . *'®" [cxzil Detniim nee ex qno aftiti't homicidijs comini(ns per Socios cum Armis prohibicis potcft (lici incidiTse in poenam prohi- bitionisi quia huiiifmodi poena « qux locum habct in adhi- bcntc dd, Arma , non fe cxtendit ad Socios) & affiftentes , vt in puiWto Merlin. PignattetL contr.f(fren/.eap»^y.n.2 i.cent.i. Non loquorde Dominico) & F^anaTco^ quia ifti duo vlcimi treluci forenfes nonligancur noftris Bannimencis > pro omni- bus camen militant omnia* &/inguia fundamenta promt* noracione posnx , qus militant pro Domino Guidone icum accefToria non iudicentur ad imparia cum principali j vt in-r alia oftendii non aiferendo (implicicer Authoritatem vnius > vel alterius Do^oris * fed Decifiones Supremorum Magi- ftratuum , & banc Sententiam feruari in Pradica teftatur Clar. §. Homicidium/ub num^jj Cfterumenixe fupplico, vcllluftriflimo Domino meo benigna fronte> ac ferenis oculis perpcndcre placeaCi quod Dominus Guido occiditi vteius Honor tumulatus in infamia refurge- ret . Occidit Vxorcm, quia illi fuit opprobrio , & illius Ge- nicores^qui poftpofitaomni verecundia filiam repudiarunr> & declarare non ernbuerunt effe Meretricis genitam , vc ipfe dehoncftaretorj cuius mentem peruerterunt > & ad illici* tos Amoresnon pcllcxeruor dumraxat> fed vi obedicntias fi- lialis cogerunt . Occidit ne fcilicet ampliusin dcdecore vi- ueret Confanguineis inuifus , a Nobilibus nocarus , reli(5lus ab Amicis t ab omnibus derifus . Occidit in Vrbe nempo , qux alias fuit fpeAata Nobilem Matronam abluere maculas Pudicitix proprio fanguine , quas ipfa inuita* & relu(Santej filius Regis impegit , morte propria alterius culpam > & vio- lentiam expiando Valer. Maxim, iib.6. cap. iMum. i . Tit. Liu, lib.i.Hiftor. Et quzviditPatrem vndcquaque impuneout & non illaudacuui fe poUuentem Parricidio filiae » ne ra- /perctur ad ftupra Valer. Maxim, vbi/upra num.i. Tit, Liu. ib. 5. Hiftor. tanti illi cordi fuit ammittendi Honoris fufpicio f vt potiiis voluerit orbari filia9 quam illaince- deret inhonefta « lic^t non fpontd . Occidit in propria^ Domo, vc Adultera* eiufque Parentes confcij agnofcerent nnllum locum , nullumque afylum effe tutqm > & impene- crabilem Honori l«fo, neuc ibi continuarentur opprobria)& Domus quz turpium Tcftis foit« eflTet & p^nae. Occidit} quia alio [cxxii"] aliomodo nonpoterateiutcxiftlmatio laef^ tain enormitec ducere cicatrices . Occidic vt exempium prsebcrec Vxoribus Sacra lura Cooiugij religios^efle feruanda . Occidic deni- que, vt pro poiTe honeftus viueret) fin minus proprij HonO" lis offenfi commiferanda vi(^ima caderec • Quar^ &c. H. de Archangelis Pauperum Procurator • tc- [cxxiii] niujlrlfi. & ReuereHdifi. D% Vrbis GVBERNATORE In Criminaliyus . Romana Homicidiorum . PRO Domino Guidone Francifchino, &So- cijsCarceratis. C O ^- r R A Fifcum, Nona FaSi'i^ ^'lurh Domini^rocu- ratorh Pauperum , cam Suvamario . ROMi£ 5 Typis R. Cam. Apoft. 16^8. [cxxiv] Romana Homicidiorum . Ill mc, /K p ^,- me T^'p.^ /^Onfcflloncs n. Gui- Hl' OdrVCUt l^nC. {^ ^^^^^ Francilchini. Dominici Gambaffini , Francifci Pafqiiini ^ & Alexandh fial- defchi eius fociorum Tunc nullx > propcerca Jion actendenda;> ciim fcilicet ernsnauerun mecu ngorofi Tormcoti Vigilix ciiiieminiufte decteti- Bertaz.zol.can/.crim.^d^i.nu*ii.Giurb, conf.B,nH.ig.Heii.ftUt.aliegat. \o6.num.i, Matthcudere Crimitt. eonfi'ou.ij, nu.z6, & id quamuisipfi in cifdem Coo- fcflionibus fortaf»e adhuc perfeuer^nt Paul, de Cajir, confiL 273. »z/.i. vol.1. Vt enim dicebamus in prxterita ex gratia reaflumenda ^ Confli' tutiofa. me. P«uli V. cdita fuper Reformacione Tribunaltum Vrbis > qua; eft in ordine /« 7 1. tit, de ludic. Criminal, qui cji §. I o. num.10, to. I. Bullarif n»uipag. 198. mandat hoc Tor- mencum non inferri nifi duobus copulatiud concurrencibus* alcefO>quod Reus He grauatuslodicijs vrgene((nmis 1 aitero> quod deliifium Cit acrocillimuin , & de praxi ceftamur DoSto- res allegati in diifa me a Informttione S. ^uatenus vera fifius, Nequevero fuffragari po0unc affertae facultates hnius Tr/bu- nalis « quiaqualefcumque ill£ Hac -> non habene iocum , nili in deli(5tis poena mortis puniendis D. Raynald. thferu par.j, tap.'i.S' t.ad tertiumnum.izi.&/e/i vbi raiionem reddirj quia qaando Reus non eft djmn'andjs ad mortem > pro ha- bendaab co Confeffione » non eft exponcndus Torxnento, quod poteft illacncaufarei prouc fere caufauic Alexandre > qui per duas vices in eodcro Tortncnto lethaliter dcfecir. Deli^um autenit quod fuit inrpntarum Domino Guidoni , & foci'is » Se quod ipfi confafli funt i\&n effe primi » nee fecundi generis lacd fuitprobatum io pripterita j Er qmdem ciim Do- minus Guido ftieric mocus ad occidendum»fiue occidi facien- dum FrancifcamPoTipiliam Vxorein . Petrum, 8e Violantem Socros ex caufa honoris . fciiicecob Adultcriumi quoddidia Francifca Pompilia com mi/it confpiranribus,& adiuuantibuj alijs, ifta releuat a poena mortis non foliim ipfum iuxta Tex~ tut , <$• DoSfares alleg itos in difia Infarmattons §. Uocjiants Cumfeq.iunSlii S. prddtflis nullatenuSi &%.feq, A Vcwm [cxxvj Verutn & Socios tx T^oBorihut parhh allegaiis in difla Injvf' matione %. qu^s diHafunt cum tribut feqq. quibus addi poO^ funt Bald.in I. prima inftcunda leUura num.36, in^fine^ Cod. vndevi; & in cap. decteterty num.^. verf. fed pone de fent. <> re ludit. loann. de Anan. in tap. final, nu.i. ver/. vlttmopro ampliori^dt Raptor. Incendiar.^e. Roman.in l.primat §.V/U' fruauariusinum. ^7»ff' deeper, nou^nunciat. MarfiU in lege vttiea »». 1 5 . & duobusjeqq. C. de Rapt. Virgin . Gabriel, eon- //.1 70. »».3. ibi : Etmulta minus debent morte hi affidi quia cum infpefia opinione bominum eommuni fabritium exeujet i grauiori poena iuflui Dohr. I. gr actus * Cod. de Adulter, etiant tiyquiab ip/ovoeatij^ addu&ifunt^debentfimiliter excufari: &nu.ii. lib.i, Mazzol. confil.^j. num.iS. Tacchin.conf. $6. num.2 2* lib.t* Alex, Rauden. var. cap.j.num.s. Grammaiie, Super Con fit. Regni fi Maritus , qu£ ejllib, 3. rubr. de pan. Vxor. in Adulter.deprabenf. num.11. pag.xog. Mattheu de re Crimn. eoutr. i\.nu./\.i. eumfeq. Via. ieeif. 197. nu. 2 6. Ab(que eo » quod in praefenci ampiiiis opponi poflit > quod do Caufa honoris non conftet* quia decretum Condemnato^ rium Canonici Capopfacchi pro difio Adulterio emanatuia in hoc Tribunali die 24. beptembris proximo prxteriti 1 & quod datur per extenfum in Summario num.%, rem faj:it cla* ram > & manifeftam cap. Vefira^ $. quibufcumque , verf. ctte- . rum aliud efiyfif cap. quajitum de Cohabit. Cleric, ^ Adulter, dicitur enim ibi : Iqfeph Maria Capon/aeebio de Aretio prv Complicitate infuga , ^ deuiatione Franei/ea Comparina > <> epgnitione Carnali eiufdem > RelegatusperTfiennium in Ciui' fate Vetula : Nec ifta verba dici polTunc Titulus Caufx > qui fion facir quetnquam Reum , vt fuppoaic Dominus mcus Pi- fci Aduocatus » fed ipfummet Decretum } Hquidcm Titulus Caufx a me vifus in ProcefTu origiaali fuit is > qui Tequitur ; Aretij in Etruriafuga d viro.. In tanrum ver6 di&ns Canonicus fuit condemoatus dumtaxat in diAam poenam , quia ipfe erat foren/is > & deliquerac ex- tra (latum ) quo cafu debuiflec folum dimitti cum exilio, Fa^ rin. quaft.'j.nu.j, verf. fed quid ent faciendum in fine » Nec vrrum eft 1 quod fuerit recefTum d 6\&o decrero ^ minufq; de mandata iiiius moderatioj nil enim aiiud habemusjquarn quod > vt aliqualicer ihdulgcretur afferrx adh6c boneftati Mulieris % & dccori didi Canonici} pro quibus acriien & in- cefTao- [cxxvi] cefTaater ^rgebit D. Prtourator Cbariratis eorom defenfor) in mandatode excarcerando loco verborum didlf Dccreti> fuerunt adhibica alia — Tro caufa de qua in adis — quae vtiqi non important prscedentiilCorrc^ioneRiired imoviitualerai omnium AAorum, 9c confequenteretiain eiufdem Deere- ti Infcrtionem vulgaca UaJJetotoff.de bartd.lnjiit, j cum alys per Parif.eoK/.ioS.n.^ydil.i.Rot. eoramPriolo deeif.^i^.n./^. Eoq; roagis ciim didum Decretum immutari n&c pocuiflcc vcra- que Parte non audicaj vt ipfcmet memini iaxfk rrfponfuni^ eid6 D. Procurator! Inftanti pro di.5la moderatione prr Clojf. in l.diuer/ai Cod de'tranJaFt.BartoUn l.aSlaverjTertianLj opinionem » Cod de He ludicat. Sed ad quid modo in(inere in prxmifHs j dum ck tot Otntifque in prxfcnti dcdudlS)& optime more folito ponderacisper D. ineum Procuratorcm Paupcru ( qusequidcm hicnoniepcto pro euitanda Inutili fupcrfluitate^ concludcnrer adeo con- hat dc dido Adulterio > & Vlteriori etiam Inhoneftatc drcl« Mulietis > vt nullus remaneat dubitandi locus de Caufa ho- noris J qua? verj^ impolit D.Guidonem ad delinqueudom;{uf- ficereienim » quod huiufmodi Oufa vcnficareturetiamj poftquamipfeDelidum comroiHt » vt in pun(ao confuluit Bertaz&oiiGonf. Crimin./^^. tib. i .M»fteu. de re erim-comr, 1 2 • num. I s '&feqq'Dind.conJiilt.9'j^num, 1 6 in fine Muta dee.Si' eil. ei.fium. 1 z.Dexarf.deeSardin %.num. 15. Vlteriiis non eft opus modo InfiAere in prxmifliSjquia D. Gui- do Caufaffl honoris9& quidem refpicientem non folum vxo- rem, fed Ipfof met Socros cxprcflTtt in fua Confefllonc praefcr- tim fol. 98. ibi — Dipot e facte ffa lafuga cost obbrobriofa non Jolo alia Caja mia , ebe e Nobile , md aneo a quella di qualfi" uoglia ancbe Perfena Vile ila qttalfugftfece di notte tempo col CanonicoCaponfacchi'ieCompagniyU quale in progrejjo , tfAc-» Ju accompagnata ntlla fuga dal Vmorino in caltfjefi* yf- data dal medemo Vitturino dare bagi,& abhraociamenti al Jttdetto CunonieOf di poi bo hauttta noua 1 cbedormirno asfie' meinVoligno neWofieriadellapoJia^dipoi in Qiftelnouo , d fegno tale , cbe rejta conuinta per Adultera nonfolo perquejio eeeefjoy md eon altri^mli , cbe hojentito di poi habbiafatto in Arez,zocoHaltrt Per/one- fol. 672. a tcrgo , ibi - E ricbtef- tola detto Santi,/e hduejfe volfuto aceudire difare vn affronto alli Comparini d eau/a deU'bonor mio , e deWlnfidie , cbe face- A % »'»»» [cxxvn] tumftpra iAUma wta % gU rij^ofi H deUo Alefani¥o > che P hautrcMtfattOrefefklpf b^ognato fualcbe^vu altro » ^baue- Tfbbe trpaato/inde dopt alquattti giofni mi tapitiinCa/a Bi»- ghaltreuolie n»minatoin Compagnia del citato SMti'^m dif" Jit ebt anebtltu bauerebbe.acettditoy trattandafifpeciaimentcJ Ji materia d^bonorCt e dimachina di vitar-'^ fol. SjB, ibi— ementre ei tratteneuamo nella vigna/udetta * eioi nella Cafa di»jfa>fidifeorfedidiuerfieofetepreeifamente di qwlloy ebc^ fidotauafare* mi delVafft^ontoddfarfialliComfarinit cioe fietroi Viola^tty e Francefca mia moglie^ di dare alii medemi delleferiteinriguardoy ibeli medemi mi baueuant tolto I'ho" noreyehe ill principale > Rancor a mHnfidiauam alia vita-' , & fol.68^ • a tergo in fine ibi — & bauerei da dir tanf » chefi potrehhtjcriuerejino a domattina-tquando volesfi raceontar<^ tuttigU aggrau^'fijpefe% ebe bo rieeuute da i Comparinifudtt' ti , ma tutto que/lo Hon importaua niente > fe non mi bauejfero toctato nelVhonore^ & Injidiato alia vita — & fol. 684. ibi — Came » ehe Santi dlfopramminatoera mo Lauoratore nella^ mia V ill it di Vittiano,^ ineon/egUenza In/brmato di tuttigli aggraajjiCbebaueuo riceauti dd detti Com^arinii^ aneora ha* ueua Informatione deWludeeentis/Smaifugaprefafiddmia mo- glie netta forma altreuotre detta^fiet/tbldiftdi frouarmi)eon' Jhrme mi trom it nominatoMeffaiidroadeffettot che mipoteffa aceudire in euento j che io batutfivolfuto vendicare il mia bo- nore^ePlnfidie i chefi faeeuawo alia ma vita — & fol. 699. T^yefu da mi arriuatain Caflelnouo eon il Canonieo Capon- faecbi-i douefurono arrejlati ddjbirri, eptfcia condotti in que* fie Carceriy ejpigerai piu volte nel Tribunale I'eceeffo del Par- to/uppojio , acciofivenijje dpunireeodoro , md ionon bauendo piai vedutOi chefifiaprejo ejpediente fopra vnaffare di tanta import ant.a all* honor miotjonfiato quafineeesfitdto dprender" Tie qualcht refolutione per rieupfrare quell*bonoreiChe eon tan- ta Infamia li Comparini medemi baueuano riuerherata in me^ la loro Ignomnia'-Sc fol.720. ibi— e quello yche iisji ad file- fandro, Biagtot f Domenico , lo disfi aneora a Traneefeo in oeca^ fione-, che il medemofapendo gli aggrauy^che io haueuo riceuuti neirbonorct mi/iejfihl difare vnfmaeeo alia nomindtamia^ moglie, (if to aWoraglirifpofi, cbe nonmeritaua lo/maceoimd' henfila morte . Huiuf- [cxxvm] HuiufmodicniinConfeffioacccpuri debet cCim fua qualitatc> quam non poteft Fifcus fcinderc, & ab jiia fcparare ex vulga- ta Theorica Bart* in t. Aureius , S itim quasi/ t yff. de liberu leg. Faria. con/. 67. num. 8. proceduncin Ciuilibus , non aucemia Criminali- bus ) Sperel, deeif.6/{. num. 1 6. 6* dfcif. toZ. num. 36. & deei/, 136. num. 27. Rot. coram Merlin, dec//. loj. num.z. ^in re- cen, deci/. 30S. num.9. par.13. ^Jeci/'i 7. num. vlt.par.17. ladubicancer quando ) prout in prxfcmci , agitur ad eifedlum pu* niendi pxnaurdinaria iqutdquid Cechs dici poflTccfecundiKn aliquos ad effct^um infligcndi excraordinariatn 1 Abb. in cap. audit isy num.32, verf.putat tamcn, depra/iript. Vermigl.conJ* 32$. num.6. Bertazzol. conf. crim.ij.n.i.lib, i. d^ c&xt/1 4.49. num.io.^ 3 i.^conf.^'io.pertot. lib.z* Farin. quaft»Zi»per totam , & prtscipue /turn 112. dM 5 7. Gome/, var. re/ol. tit. de homictd. cap. 3. num.%6. Poller, njerL^ ficonjltebuntur > 0.45. Ludou. deei/. Lucen/. 19. per tot am yd" pracipu^num. Z2. vbi Conclutiooem extendic ad omnes qualificatas Coofeffiooes in quouis genere Oeli^oruni . Prarfertim quando > qualitas aliunde non foliim admi- niculatur > fed concludenter iuftificacur > Vermigl, con/.zZx, num.ii, cenf.^31. num.j.Ciriac. contr.6S7, num.7, Farinacc, qutefi.103, num.i$7. Angel, de Can/ej/, lib,^. quafi, 1 1, num. 24. Vltra enim didum Decrecum »& alia fuperius animaducrfa habemus focios Criminis exprefsc deponentes fc fuifle requificos a D. Guidone ad vna ciim ipfo delinquent dum ex pi«dida Caufa fignantcr 5/-»/?aOT Agojiinellifol.s 16. ibi — quale Sig. Guidomi raccontb , chegli^rrafuggita la mo" glie con vn'AbbatCy e chegli haueuaportateviadenari, egioie» menandomi nellallanza » douegli haueua leuate dette gioie^e denariy e mi dijfe j che lui voleua venire d Roma ad ammazza- re la fua vMgliey e voleua, che io , e dttto Alejfandro foffimo ve- nuti con lui^^c. &fol.i 17. ibi -- & in tale occafione detto Sig. Guido mi dijje j che la Judetta/ua moglie per fuggire ficura- mente con dttto Ahhate , <> accio , che lui non /e ne/ujje accor- 10 , baueua mejfo I'oppto nel vin» per la Cena per Jar* addor^ A 3 mett' mfnt^t lui ton tutti > r cht lUigaua eon it fuo Soeero % fualc^ «Mf foio baucua giurato t the detta /ua mogUe nun fojfe df lui figiiti 1 ma di piit t'hautua ripigltata in Caja-, dopot thtgUfi era fmggitathncheluil'hjutejfe mejfa nel MonaJlerOi dopOiChe I'ar- riuo in Caflelnouo nelUfuga , - dr Alexandrum Baldejehi /#/. iSsj.ibi — de/fo Sig Gmdo alia prefenza mi a « come di Biagio > di FraHCefco « e diuomtnico > ^c-, dijjt , ebe/ldaueuaammaz' xarc lajua Donna t cioeU/ua Moglie > eheftaua qui in Rama acaujadi ricomprare I'onore , eb* ancheil Padre ^ e la Madre di dettd/ua moglie , ptrfbe tenejfero mano a detta /ua moglie al tor to > che gli fMtua nelVhonore » + d^ foU 645. ter. ibi — ci diffi auebc alia prefenza del Vignarolotche ^ doueua ammaz» xare la Moglie , il Suocero, e la Suoeera , perebe detti Suoeerot t Suoeera teneuano mano al mal f*re alia figlia t e gli faceua- no It Rttffiani > e perebe anco diceua detto Guidot ebe detti gen- ti 9 che JidcKtuano ammaxzart > •voleuano fare ammaz3ur<^ lui ) cioe ejfo Guido . Cauiani aute honoris excludere no valent atteftattones eoruffl9 qui adiftcncia prxbucrunt Francifcx Pompiliae vfqi ad obirun (uper declararione ab eadem fadla de numquam violata fide coniugalii quia Tunc finvplices fides eztraiudicialesjqua: qod taciunc fidem , Cyriae. eontr.6t. num^S, ^ contr.zi^ nu.66. Rot. rec. decif 290. num.t.in fin. par.j* Fraei'ertim c^m tuerinc cxcorrae > & emendicatx pendente Iite>& parte non citata perHxredemeiurdem Francifcas Pompilie ad euitaodas vexationes Monafterij Conuertitarum prxten- dentis fucceilionero ex caufainhoneftatisiquodquepropterea lequeflrari » & iudicialiter defcribi fecit omnia bona heredi- taria eiufdem > Roland. conf.^o, num.%, lib^ i. Ciriae- d. contr, 6 z. num.6. Rot. recen. decif.^ 25. num.^. ptr. 2. (^ decif. 22 ly num.\^.par.\6. Maxime cumaliquiexTeftibusvtfupra deponentibus fintlu- gatari; eiufdem FrancifcxPompilio;, itaiit ipii depofuerint ad proprium commodum -, fub/iftcnre enim inhoneftate bo- na deuoluereniur ad didum Monafterium > & conlequencdp ipfi remanerent exclufi a fuis legatis , /. nullus ff. de Tefiib, I. omnibus C. eod, Crauett. conf.g^, num.2. (^ conf.i 12. nu,io, BertazAol.eonf. crimin.6o. num.S. lib.i, Etquatenus fidem facerent . huiufmodi declaratio adoihilum defcruiretj quia nemo prxrumiturveJle deccgcre propriam cur- [cxxx] turpitudineni) vc in his termini's ref^onditj Ret. diaer/.pap.^, dfcif. 276. num. 4. £c ficuti qon fuifTec credcndum ipfi mec Francifca; Pompilic prxfcrtiai extra iudicium i & fine lura- mento deponent! t Filler, inpraiitt, verb. <^ ^ confitehi$n$ur W 2. par. i.par$is principalis Hum, 9.^ feqq, eiim alifs addw {its per Farinacc. qudfl,^^, num.23. «3> & piulcd minus cre- dendum venic pr£cii(!iis Teflibus oe plus fidei adhibeatur cxemplo, quam original! vulg.eap.frattrnitatisdebarette, Farinaee. qudft. 09- num.B^.Cyriaf, controu.ii o.num*9» Ncc valet dici> quod nemo prxAimatutimmemor faluds xter* nx ; quia nee ooinesprxrumuntur ede S.Ioannes fiaptiftatyc dicit Bald, in tit. dePae. Conftant. verb. Vajfalli ilprimo in^ vfibtts feudorvmy prasfertim vbi agirur de ^x^hi^xciQ tertij ; Bartol.inl.fi quts %.fiquis mor'tens ff.adSenat Conful Syllan.i In forcioribus tei minis Marfil.in prad. %. Reffat num. 1 2., & j6'infin.Bertazzol.con/'.crimin»2j4fnu pr.lib'prfPrat.re/ponf. trim- 3 5.//. 3 J .i&feqq.^Rouit/uperpragmat.RegH.tit.de reccpt. delinquent pragmat,6.num. ^.Farinae.d.quafi,^S. num. 28.cum duob/eqq. ^ quafi'^6.n<>']2.Hjeremm.haurent.deeiJ.Auemon. j^.num.J6.iunfIonum. S^e6 magis quando agttur ad efre(aQ grauitis punicndi eiufdedeclarantisinimicumi MafeartLdt^ probat concl. i^/i.,num.8't ^/eqq- SubHAcnre iraq; Caufa honoris oil prorsiis officit* quod ditflcu homicidia fuerint comiflfa ex Intcruallo iuxta latiflime firina« ca in pra:terita §. necverum ejit vfqiad% pradidis nulUtenusy vbi oftenfum £uit banc efle communiffiroam DoOomm opi- nionem j & iuxta iilam pafsitn ludicari non foliim in SiCxau Conf'ulta ) vetiim etia in omnibus alijs Tribunaiibus Mundi> vtbeuc animaduertic Mattheu allegacus in didia praecerita^ de Re Crimin.eonfrou. 1 2 . num. 7 o <^ a i. A qua quidem opinione in prxfenti recedi nequit ex eoj quod D. Guido vxorem non occidcrit in adu depr^ehentionis eiuf- dem in fuga ciim Amafioi quinimdconcentusfuericillanx^ dcfcrre ludici vti Adulceram j quia cum tunc ei non fueric tutum illam occidere (quia ipfc erat folus, ilia autem in io- cietatc diai Acnafij luucnis fortis , ftrenui , arrais municij St: delinquere foliri; & quod magis eft prompti, ¶ti adrc- fiftcndum nc amata Amarillis cidcm rapeietur , queroadmo- dum & ipfa prompca fuir > & parata ad Impedicudum enfo A 4 etiam [cxxzi] etiam capto> & dcnudato» vc diledut Mir tillus noa o£fende- retur) non proptetea cenferi debet eidetn peperciile, & Iniu- riam remififTct fed cu? ne aufugeret in longinqulores partes* fine (pe debits vindids* iuftus} & repcntiaus dolor c^nc illi confuluerit earn arreftari facere per bi'rroarioS) vt cCim primCi commodd poflet illam occideretiperuenta poAmodutn com- Bioda occafione>fi illam occidit} reputari debet> ac G incon- cinentieamdem occidiffec in pun^ Ruin.con/.z. fium.7*ver/, fipiaritusoteideritvxor9mlih»'i,Giurb.emf.^6-num.tg.verf, Ac maritttSi& num.% x.> io.Frane.dff P0nf,coH/'.^S.num,i/^.ii^ feqq. 'ufqi ad ttu.^$sfol.pr. repetit.fuhtiii dtcifionem Sanfalic, ^^7,uam.Z i"i&J«qq>vfq',ad 9.$0'Prae,re/'poft/.crim>2^ .n.3 r., ^jfeqq. Cabrer. de met. lib. j, eap. 45. num. i j.j verj, Celebris fuecedit ^udfiio, <► verf, realis efii Pafcbal. de patr. pofefl.par, pr.cap. 5./ub num-^., Mattbeuderc Qrimin. eontr.ii. n. iB.y nouar» inSumm.Bullar.par.pr, Conamntar.'jr.num.Zx.verf.ex quo AdulterietPolie.de Keg.Aud.ToA. tit. 10. cap. 7. num. 29. vcrf-quemadmodum tunc dicitur incontinentia Mart a vot.ifeii deci/.to6,num. j.t^num. lo.^ prafertiminverf. fed quando eommittitur-, Mut. decif. Sicil.Si./itb num.i 1 • GtzzareiLdecif. 1 8. num. 5o ibrq; Baldax. de Angel, nu 4* & Didac. de Mart fub num.7. Panimoll.deeif.B6. nura.tg.., <&» duobutftqq. £c generaliter > quod ea , que fiunc ex Inreruallo dicamur fieri jncontinenti) H fberunt fada ciim prim^m fuic oblata oecafio ilia facicndi, eft textus in 1.2, S.Con/eJm-, ibi - Confefttm^ autim fie erit accipiendum^ vbiprimumpotuit — ff. ad Sen. Confult. Tertullian.,Bellon.de potejl. eorumyqu^fiunt ineonti' nentii lib.pr. cap. 6. num^.^ S'pluribusfeqq. £c tanttim abeft» quod lex prarfumat banc Iniuriam i marico re- mifTam , vt imo credat Temper in ilio durarc animum vlci- fcendi, ex quo fie» vt vxor teneatur eti'a fibi prafcaucrCj adeo» vt ipfius cxdcs pofteafequuta numquam dicarar prodicoria MaJlrilUad Indult.gener.cap.tg,num 6.verf.fed quid /imari' futt Nouar.in Summ.BulUr.dihapar.pr.Comment 72. ». 8 1.> Vonde. confult.97. num. i6.verf, alioquin, ad quod mulcurtu faciteti^cn Mut»di£fadtcif.Sieil. 6i.pcreotamiVbi cl!lcar«« de maritoi qui fecerat vocari vxorem per €lium extra mafnia Ciuitatis , vt tutoiJIsm ibi occidcret, 8c tamen maritus fuic damnatus roJtim ad Remigatidum per feptennium . Et [cxxxiij Et facitetUaa id, quod alij Ooi^ores tradunts quod fcilicdc ma- Titus poflic djllimolarc curpuudineai fu« vxoris » vc tut6 po- ile^ dc ilia vindidtam futnac Io.de Amicconf ^.nu.J^.i Anonym* apud Sanfelicdi&a decif, 5 j ^.lntm. 3 7. iajfitte, qui vulc eius pu- dicitiam oflfcnderc iuxtd faroigeratiffiroum Confilium Caftr. Tanto magis , quod ab ipfomet D< Procuratore Charicatis de- fenfore didlx Francifcx Pompilix, & Canonici Camponfac- ch:j itt/ua allegattone imprejfa §. horrfret quidem Animus didus D.Guido fuit reprxhenfus de huhirmodidelacione ad ludiceniv per ea, qua; aduertunc Cajire^f. diifo cenf. zjy./uk itum.^.propi fin.verffed ncc Ivdicesy lib.z.i Menoch.de Arbitr. saf. 3g8.num.26., Neuizan. SUu. nuptial. lib. pr. verf. non efi pubendumnu.$4.i&' num.Za., Soecin.lun.con/.^/^.nu.-^Jib.i. N9uar.in Simm.hullar. Comment, ji./ub num. 8 1. ver/. vnd^ merito; quoruplures & nos allcgauimusin noftra/ir« Informatione S •> & bxc nojirat Afferunt enim vnaniuiitcr prxdiAi DD., quod marici reputantur viles , & Cornuti , R propnjs manibus non furaunt vindit^aoi) fed expedianc iliam fieri per Indices, qui Aimmoper^ ridenc>&cachinantur,vade non mirum, (i Infelix maritus eciam pod dic>um recurfumL* fadum ad ludicem, quem tunc illi fuggcfHt Inconfultus Iras Calor> voluit de amiifo honore fe vlndicare ; deiiqulc cnim, vt vulgi, 6c Doaoru Cenfuram euitarct, & fie nc amiflb ho- nor! iftam quoqi Ignominiam fuperadderet . )»jil auteq> rcleoat, quod D.Guido in di litem vertentem inter Do- ininum Guidonem > & Comparinos a qualitatem Armoruqu prohibitoiutn > & denique ad locum vbi deli^um fuit com- tniffum , cum fcilicdc Francifca Pomptiia decineretur joco Carcerts indotno in ciufqueSoci; vlctmo fupplicio vcniant puniendi ; (ic decifum in termtnis habemus apudfffa^ d.deetf'ficil.xs ,pr*fertim in^ fine-, ibi -faiia ergo relatione in v'fita geu^rsU menfe Marty 1617. eordm excellentiajua , ex quo vi/us fuit mains modus earn Decidendi fit vocaia per fiHum , S- pojiea eius Cadauer quafi repertumfuiti quod Canes Commedehant extra d. mania, fuit ip/e Leonardus condemnatus fuper regys Triremibus per annosfeptem- Sonfelic.d.decif.a7. num,i^. ibi - dr* quamuis aliqui ipforumfuerint damnati ad relegandum fuit ex cauf a incifionis Genitalium de faSiot pro quo deliilo dicebat Fijetis ejfe puniendos leg, Cornelia poena deSicarys - Mattheu de re Cfimin.d.contr. i i.num. 46. ibi r at re maturiiis in Aula per- penfa iudicatum fuit Mart turn nimis dolosi operatum fuijfe^ ahftntiam/imulando > fratremfecum ducendo j atque Armis prohibitis necando i quiafolnm ex vfu Armorum i^^neorum de- li ^um redditnr in^diofum apud nos ^c- fie decifum fuit prO" pter hunc excejfum condemnandum fore in paenam exiljj per quadriennium ■, ^ adfolnendum duos mille ducatos &c. qua in gradufupplicaticnisfuit confirmata • ^ contr. 1 2 .fuh «. 29. ibi - Etfic decifum infpeciepropoffta condemnando francifcmn Pah- [cxxxiv] FaUmquiin pwiiam Remig^ per Jecenm'um&e. ex qualitate Armorum igneerum pcenam aggrauando ; injmilSpotnamfuit eondemnatus Ant»uius\Alttarez, , qui vxarem appenfate oeci- derati quia meretncabatur ^c. ex eo exacerbata poena , quod omijfus ludieatusjuittcumnon conqttereretur deJimpUci aduL teri9-,Jed de vita meretricit quod perfiei nequibat fine de//dt*y vel eo/iueuientia Mariti . £c ratio eft maoifefta , quia negari non poteft } quin D. Guido , ciufqueSocij prasdit^a omnia gefTcrinc ex eadem Caufa ho- noris, propterei ficuci iAa repucatur fuffic ens ad euaden- dam pcenatn ordinariam homicidij > de qua tott tituloff. ^ Cod.ad i.Coruel. deSicar. icd pariformiter fu^ciens repucari debet ad effugiendas alias quaicucnque pcenas appoHtas in-> Conilitutionibus Apoftolicis contra comroittentes alia deli- (Sain eifdem exprefla V feinpcr enim attenditur principalcj propoiitum in Delinquente i l.fi quis nee Caujam ff.fi certum petatuf\c}\\\i% etiam animus lemperdiftinguitmaleficaj/.v^- rum efii et I. qui iaiuriaff' defurt. vt in pun(fto ad effcifluniO fcilicdt euicatidi pcenam indictam in Conjiitutione T^-fa, me, Sixti F. BuUar.nou. Ta.2.pag.^6S. contra Coadunantes ho- mines armacos I quotiefcumquc conflatillosfuiffe coaduna- (OS ad efFe^um committendi aliud Deli«5^um , fcilicet fran- gendi CarcereS) 5c detentos in eis eximendi refoluerunt tres Sacrae Rotae Audiiores celeberimi> nempd Coccin, Blanehett. etOratt., quorum vota habenturimprefla inter dectHunes coMc&as per iFarinacc.p<(fl eiufdem eojtfil.vol.2.dec.6 1. ibique Add.ittfinettefksLtQr fie fuifle refolutum in plena Camera , in qua de mandato fa. me. Clenlentis VIW Caufa fuic propofi- taj&examinata. Non refragante , quod poftmodum incontrarium fcripferitfo- uendo paries fifcr, cuius erat Aduocatus $p*d.con/.% 5 . lib. 1 . quia eius opinio fuitex profeflb confutata, & folidiiHrnis ra- tionibus , & argumentis reiefta a Vermigl. canf.s 5 6. per tot. etaD.Raiaaldoob/eru^ar.3 cap.2S,i-^.drtu.9'V/quead 33. & ante eos idem quoque fenferat Do^or Anonymus inter ConfiLFarin.con/6^. a numer.6S.ad 141. ettpfewet tarinacc. quafi. 1 13.ttum.60. Guazzin. de confi/c ampliat.%6. concl. 1 5. num.3. *Et in terminis ad cffc. & di/fia controuerj. iz.fub rtum.2g* Capyc.latr.dec.'jS.num.j.verf.di/culpitamea negafioivbi quia^ a£tus prxparatorius tonfunditur cuin prxparaco » & teftacur ita fui (Te rcfolutuin per Sac.Coti/.Neap. & 9um.feq. Similiter ad effcdum effugiendi psnam Ippofitam contra occi- dentes decentum in Carceribus,& (ic exiftenrem fubcuftodia Principis plurcs DoAorcs allegauimus in prat&Hta ^jSmilif ter nee aggrauari , quibus nunc addo Prat, inaddit, ad Pa/- chal.de Patr.potefi, part. j. cap. 6.verf. ex bis quoque D-Ray- nald.obferu.part. i .r<3/>.4.§. i .ad /^.aum.6$.^/eqq. Mut,deei/^ Sieit.^6. in fine. Ncc quidquam facitjquod Potiedoeo citato, & aliqui alij ex Do- floribus proxime ailegacis loquantur de hothicidio com« inilfo in rixa > Hue ad defcnfionem proprix vica* i intantuneui enim circumftantia rixx reieuat delinquencein ab ordinaria^ pxnadcli(5ti, inquantumignofcitur ei^qut Voluic vlcifci pro- uocatus, VI 'in(\uit V Ipianus in i. qui cum ftatu maior I4« §• idem putoff. dtBon.Ubert. & in quantum ipfe tunc iufto do- lore prxuentus non eft in plenitudine inteJile^s > yc pod: Bald.in cap.i.infineidepac>iuram.firm4n*!ftSiditBoff^fif'dc^ homic.n'6o. i nfin. V ermigl-conj. zS.n.Z* Vtraqueauccfflcxhisrationibus proculdubio militiat ii) mari* . to , & qnocumquc alio homicidiutii commictente ex Caufa^ honoris iuxta firmata in pratmta S. hwftantef^^i/equenti ; eciamfi idfaciant ex inicriiallo ex aUcg3ti$pariter/;<^r<;rrW- ta %.nec verum eli cunt muhifjiqq. Ct in his prxciHs terminis,quod fciiiccc occidens vxorem adul«> ceram ex inceruallo excufetnir ob iuftum dolorem , qui facit » quod ipfe uon fit in plenitudine intelle^us prx caetens fir<- manc Carer, inpra^.crinfin.tralf.j. de homicid . %.fexto igitur exevjatiujtus dolortnum*/^.fol, i6q. a tergot Gomez ad h T"«»ii- [cxxxvi] ri 9o.num.s2.ver/ifem homo , Mattheu de retrimin^d. Corim Inquicenim Vlpianut inlmariti i9'inpri»eip.ff.adUluliani'de adult, ibi : dehuit enim-uxari quoqut irafchqua mairtmoniutn eius violauit . Iram autcm fieri ex dolore accept* concutne- liiB , & naturam earoojdo infurgcre, vc illam a fedepelJat > quocumque modo poteft,bene aducrtic Zacsb.qq. Medieoleg, iib.2.tit.x.qua/iS. nupi- 28. &feqq, cum difficilifts fit iranu cohibercquam miracula facere,vt inquit D.Gregor.dial.i, & aduertit BoJlttf.de bomk, num.60. Vermr^, conj.z&.nuiu.'j .&' eonf.^i.Hum.^, Aiij vcro Dodlores loquentcs de committenfibus Jbotnicidfuor pro defenfione propria? vita; cutn Armis pro%ibitiS}& in Car* ceribus pariter fuflPragari dcbenti quia defenio honoris pro* prij . .a viris ingeuuis praefertlm nobilibus Qedum v'^x sequi- paratur Liuftaff. de manum.vend.kd ipfimctvi^ antefertuc auxta illud Apojiol.epift.i.ad Cori»(b.cap.g, Expert m'tbima» gis mart , quam -ut gloriam meam quis euacttet* E$ D. Amhrofn lih.i.offic.eap./^. ^ms cnm 'oitmm Corporis 3 autPatrimoup damnum non leuius ducat , i/ith anirm y^ exiflimatienis dtf* pendio ? MarcTull-Philippie.^, Ad dtcus 9 <*)• libertatem nati /umusi aut h Valenz.eo»/,gt,n,z^ vfquead 7. > Vrat.refponf.crimin.2^Mum'29,^plurihttsfeqq„ Jo/epb Mele in addit. ad GizzareLdeeif, i S. num. 6. ^fequen^ tibus y in his cerminis Bertazzoh conf, 42. num.6. Jiond'Con- fult 97.ntim.S. & 9. SanfeUc.dec,^iJ.feu in allegat. Aduoeat^ ibidem lmfrejf.num.^^. ^/eqq,VanimfilLdeei/ 86*numpZ^, > ^feqq- Adeoi vc qui honorem fuum fpernic>fie non cunt reeuperare fo vlcifccndo nil diffcrac a Belluis, GizzarelLdiSia deeif.iZ. ».j. num'S» Calderd deci/.^z/ub »um.3^» & alff ex mox citatis » Quinimoirrationabilior ipfifmet Beiluis reputetur, iuxta au- yea verba tbeodoriei apud CaffiodorMb.i.var.epifl.S7* t qn« nos rctuJimus/»/tf^;m;i» S. Nee wrumeJipQft mcdiumt Ber» fazz»L di^0 con/p^t. num, 9. virf* & Jf «*'» efi^^ pluf quanta 'Beliid. Qnouero ad liteni,quae vertebat inter Domlnum Guidonem » & iUo$ de Comparinis fnper fuppofitione Partu$> vltrd moxdi- ^a> [cxxxvii] Aa,tteri^mfupplieo anirnxdaerti quod Conftitntio Alexan- drinanon intrat > vbi ex parte ofFcnfi prjccefli t aliquaprouo- cat vt bene fi rm at T arinaec.con/.S'j.per tatutn^ fequendo de- cifionem Rotae » quara ponit in|calce eiufdetn ConfiJij, & no$ prjBuentiue perpcndimus/« prxterita S. ahfque to quod •% qux quidem prouocacio in prasfenti rcfultat ex iniuriaiquam d\Qx de Comparinis pendente lite irrogarunt eidem D. Guidoni propter cotnplicitatem hsbitam in d. fuga, & in adulterio pec £liam illius occafionecommiflTo • Altera lis, qu« praftenditur mota per Francifcam Pompiliam aduerfusDominutn Guidonem fuper diuorrio^potuifTet omic* ti , quia vltra animaduerfa per Dominum meum Procurato- rcm bsiU^cXMminfua prafenti Informatione §. qua etiam ap* taMtuTi cafuirnulliterintentata) cxequuto fciiicer, vtmihj fupponituri monitoriodumtaxat contra Dominum Abbatem Paulum fratiem Domini Guidonis> qui nullum ad hoc man- datum hjbcbat,prarcipue nonprobacoi quod idem D. Guido habuerit fcicntiam eiufdcm litis > vc praecendicur , inten- tatx. Quoad Blafium Agoftinclli abundd fuit fcriptum in praeterita » ciim fcilicer ipfe nofifucrirdenuo con(litutu|, * & in praece- df-ntibtisfaffiis faerie dumraxatad^icifTe di^is homicidiis • non aurem manus appoiuinc) ita i vciiium nullacenusaffi'^ cere poffit rigorofa opinio Cahall.rerol. crimiual. ea/.^oo* num mero-j^. dicentis huiufmodi Auxiliatores baud cflfeimmu- nesa pxna homicidiitquoriefcumque proprijs manibus ali- quem occidantt quamquam huiusauchoris opinio fuericpec nos erronea detnonftrata t/» prateritain S.quidquid ineon- trarium > ^ Voluiflcm etIam aliquid addcre difSis in prafterjta fuper foren(i- tatc* & minorixtarc Dominici » & Francifci ; Verum quiaj nondum bene innotuic , quo iure Fifcus pra^cendac illas eli- dcrC} ideo fatisfaciam in Refponfione, pro certo credens ia^ prxfenti non euencurum » quod Dominus mens Fifci Aduo- catus fuas allegaciones connciatt & noftris etiam refpondeac abfque eo , quod mihi co/nmuoicentur t prout cum fumma^ tii dum mei> fed aliorum admiratione contigie in prjcterita^ ; ipfeenimjiicut & ego vnic^ dcbemus quxrere vCricatem , ciufque eflfe Aduocati^ficud ambo fumusofficiales Principis, iuxca [cxxxvixi] iuxta aQiinaduerfa per D»minumHaiti0id,ci/eru^p.i» cap.^g, $.1.9.155. > qui qut'dem nil aliud exoptar,qudtn) quod iufti- tia iniaiftretur> & cum agatur de pwperibus, carceratis , in eorum caufi$ piecas triamphare debet 1 quia ipH Tunc ttiefau- rusCiiriilt* vtbendadooftrutn popo^tutninquic Petra^ Quatc&c. Defiderius Spretus Ada, Taup. [cxxxix] lllujlrifu fS'Reutrendifs.Duo Vrbis GVBERNATORE In CrimtnAUhus* Romana Homicidiorum . "P VI o O. Guidone Francifchino , & Socijs Carccratis . c o N r <^ ^ Fifcum . Noua luris D. Aduocati Paupcrum . ROMiE J Typis R. Caai.Apofl.i5p(?, [cxl] Nodzie Ji fatto , e cf i ragioni per la Caufa Franccichini . Plecro Cotnparinit le di cui Cdftznze noo G ftendeuano ad altro» che alia fomma di died , in dodici oiila fcudi foccO' poftiifideicooiniiflb 9 coo pefo aache di tnolciplicare i fruc- ti per yna buona portione , che percio hauerrbbe douuco viuere parcaroente per aon ridorii la (laco di miferie t ftaoce il vincolo di tuno ii capicale » e di vna parte de medefimi frucci> eiTendo troppo iadulgcace alia golaie deditoairozio* e hauendo prefo moglie con pochiffima dote, coneflergli fopragiuace lici> venuca la reduzzione de frutci de luoghi d J Monte* & altre auueriit^ j 6 ridufle in fiato altai pouero , o tniferabiles afegnochc, feguita piii voice la di luicarce- razione per debito t e fatta Pindicazione de beni > riceud dal Palazzo Apodolicola llmofiua fegreta d'ogai (nefe . Ritrouandofi in caliangufliej premeditd maritare Francefca^ Pompilia fua figlia con qualche perlbna > che fi prendeflTo curadi ioAeucarlo infieme «on Violante Peruzzi fua Mo> glie a Donna molto (caltra} e dl granloqoacica « con U di cui parere faaiieua intrapTeforaffitre* ef&ftimatod propoiitoil partiro con Guido Francefchini , ii quale conducendo ia. Spofa* e i Genitori in Arezzo fua Patria9 hauerebbe potuto trouareopportuno riinedio alle neceffira delii medefimi) me- diante Taffiftenza iu Koma dell 'A bbate Paolo Francefchini diluiFratello>huomoattiuoie diligente,con darfeftoal pa* trioionio di Pietro fequcftrato > e intrtgato da fuoi Credito- ri } onde eflendo ftata confticuita la dote in luoghi ventifei di Monte > con la'fperanza delJa futura fucce(fione al rima- nentede i beni in virth del fideicommiflbt al quale laSpofa^ era chiamata > tii abbracciaco quefto partito > come vttle a^ Pietrb9 e fua moglie per llberarfi da grincoromodi , ne qoa- li fi ritrooauanjo, e altresi vancaggiofo alii Francefchini > che attcfa la diligenJta dell'Abbatc , c qualche difpendio tempo- raneo della Cafi * poteuano credere di douere guadagnaro a fuo tempo 11 pecuiio predecto qua/i incicroi e poco>d nulla dcteriorato . A Tali [cxm] Tali furono k principioi fcambicuoli oggcttf dtH'infaufto mt' trimoniO) dal cheficonofce, quanto fia dcbole pr etefto il dire ) che Gutdo nc i (rartati tagaanafTc Piecro > e la Moglio nel dar nota di goderc vn'anmia Entraca di fcudi millc fcc- tccento , trouara poi molto inferiore> perche il fincprima- rio, con cui fu conclufo * poteua molto ben confeguirii > aq- che con vn'Encrata di (omma molco minore » fapendofi iii^ eifccco> che efl'cndo ftaca moftrata da Violante ViRcffa noci^ a Pietro Comparioi i diflfend vederla okob mi bsBcrehbc^ foh ebe fojfe h metd > e farebbe ftaca grandiifima balordag* gine di Piecco i che ad voa femplice nota di vn Foreftiercj > fenza pigliare alcreinforraazioni« haueifi daro marito alla^ £gliai ogaivolca> chelacaufatmpulfiua foffe procedural dalle prefiyppofte facoltd in detta nota : A,nzi ne meno iiu grado di conuenienza » c duilei puol eflTere riconuenuto Guido > perche quando da Pieeco fu prodotto in giudizio ladetranota) I'Abbate Paolo Fraocefchini nerefto forte- mente marauigliaco , onde fgridatone con Icttere il fratello , quefto rifpofe hauer cid facto a perfuafione di Violante ^ la^ quale deHderaado reffectuacione del matrittionio>e vedendo irrefbluto il Marico » per animat lo > ifldnlfe Guido k dare la# fudetca noea eon alterazlooe . Hebbe dunquecffecto il nsacrtmonio 9 e tutti infieme /i con* dufleroalla Cicti d'Arezzo, doaea Comparini non furo- no maltractati* come fi precende di giuftificare da vnafede excragiudiciale di vna Serna partita di Gala con dilgufto » la di cui Tola Icttura bafta per farla conofcere fatta con animo cattiuo ) e a ifligacionedi altri jcooforme elJa mede(ima.fi ft dichiaraca cdndiuerie perfbne , dlmoftcaadolo con naufea^ I'inflpida affetcazionet con cui h concepica, e fpecialaieaco* douedice>che vn'Agneliino di latce & faceua feruire per aU« menco fufficience per fetce » 6 otto perfone in vna fetcimana^ inticra con altre Ifmili improprieci di non crederfi « m4 fu« rono crattati con ogni honoreuoleigca) c decoro > conformo arteftano MonHgnore Vcfcouo > e il Sigaore Gomniiflario di detta Citti , Soggetci* molto qualifieati » e tnolco pi^ dcgoi della Serua maligna > c flibornata tC fipuole hauere ancora^ racteftacione di vno > che hi feruieo (in quella Cafa per ere* dici mcfi, nel tempo, che viToao ftati li fudecci Piaro>e Vio"* lanee [CXLII] lante,potendo raeeontare tnolteparticolarici dei buonicrat* tamenci) che riceueuano da i Francef chini . Ben t vero> che nacquero diiturbi di confiderazione in quelia,« Cafa cagionati dalla lingua aiordace diPietro> edalla fu- perbia di Violante i'ua MogIte> tnencre bcffandofi di tucci graodamenti) che faceuano i Fraacefchtni » auuanzandofi conactidi fuperiorita i portarono alia Madre de t Francef- chini t c con eifa d tucti gi'aUri della famiglia t crauagli rile- uami per non violarele leg- gidclt'Hofpicalica) e cia non odante > quando Pietro> zj ja Mogiie H difpofero per il ricorno a Koma > fubico che u'erpreifero i loro voleri) furono proueduti di danaro per il viaggio > c in Roma di mobili per ciordinare U Cafa de* rclirta . Giunei in Roma PiecrO} e Violante > (h fpedito monicorio gia- diciale ^ iftanza di Piecro > in cui egli efpofe > che Francefca Pompilia realmente non era fua figlia > e pero non era tenu- to fodisFare alia dote promella} e per giuftificarlo portoTat- teftazione deirifteffa Violante fua Mogiie, quale in foftan- za diceua } che ella tnedeflma per tenere a dietrp i Crediro- ri del Maritoin vitt^ delli fideicomniini , e per godere anche il frutco de Luoghi di Vtonce » hauetia Sneo A'efCere graui* da ) e poi d'hauer partoriea vnafiglia> cioe Ja detta Francefca Pompilia hauuta davoa vililfima partoriente per opera di vna O&etvice . Da vn'actofi btafimeuole diuulgato in ynfubiro per tutta l:u Coree t nacque per necelHta di naeura ne t Francefchini vn* odio incenfo verlo gl'Autori di eflo » mi poterono aftenerfi da i douuti rifentimenci con la fperanzai che t fe Francclca^ Pompilia non folTe ftata figlia di Piecro, c Violante , come fi era prefuppofta nelli fponfali > fi farebbe pocuto annullare il macrimonio , e cofi purgarfi da cal macchia la loro repuca- zione . Teftimonij di queiili loro fencimenci A>no molci Ooe- cori , e Virtuofi » che furono richiefti da i Francefchini , k ftudiarne il punto , e dime il loro parere i ma perche queAi furono diibordanti , non vollero allora I Francefchini ci- mentarfi a vna imprefa d'efito dubbiofo , nella cui pro- mozione doucua neccffariamente confelTarfi > e prefupporff la non filiazionc , dalla quale confeffionc poi farcbbero rc- A 2 aati [cxuii] flati pregiudlcirf nell'intereffe dcII4 doeci e pcrcio flirta- ronobene iJ craUfciare perail'hora d'efporii al pericolo dt p«rder la dote j e di non pocer date di nullita al marri- Btonio • S'oppofero benslal monirorio, c otcennero per Francefca^ Pompilia la manutentione nel quafi poflbflb dell a filiazio- SC) e il decreto per nraiferire i luoghi di Monte dotali) mi ef- fendoii Piecroappellaco da tal Decrcto> nel far proporre la^r Caufa ndla Segftatura di Giuflizia j venne d vna copiofa^ diftributione di Scritrore per Roma » facte dalui Aampare di graui/Hmo pregiudizio aH'honore de Francefcbini > per con dire infamatoriei i quail hebbero di nuouo tanta lor- za da pocer raffrenare i gtufti rifentimenti deiranimo loro jrritato sii la rifle/Hone delia fperanza i che haueuano di po- ter ht conofcere alia Corce y come fegui > oon meno Icj menzogne de gl'Auuerfafij i che 11 loro proprio cdndore » e auuiuati daqueda fperanza > fotfrirono fulfegttcoccmeiice> con ogni patienza mohiflime veflfacioni ordkelt coa diiierfis Cabbaie • e tergiuerfazioni per impedire reifectodellatraC* latione de luoghi de Monte docali > cod hauerli fufcicad i Comparlni vari fuoi Credicori» 6 foflero veri>6 purecat- hffiui » ond« ftante le detee oppofizioni > prouarono benfi t iftcommodo ) e la fpefa della traslazione i ma non gia il con- modo del fruttO)di cui ne pure vn bimeftre poterono gii mal rifcuotere . In tale ftatoerano giunti graffari dcliVnaj e I'altra parte»qnan- do Goido ieuaeofi vna mattina trouo mancatfi nel letto la^ mogliet onde immediatamente leuatoHi vfdde fualigiaci It Scrigoi , e foggita la Donna , non fenza fofpetto d'hauer dato ii foanilero la fera anrecedente al medelimo Guido , o atutta lafamiglia) e sula conflderacione d'elTere cidfuc- cedofcoper lefuggefliooidiPietro, e Violante, conforme n'haucua pib volte fencice le minaccie > s'incamind velocew mence per la flrada dlRoma* cdoppo vn precipicofo viag- gio ghmiie la fuggicioa neiroileria di Caftel nuouo accom- pagnata dal Canonico Caponfacchi d'Arezzo , elpeeche ef- fendo fol<>,e difannato,equclli armati} e rifolutii (iconob-^ beinfuificiente i vcndicarc tale ecceflb , ftimd opporcuno di larli arreftare con il ricorfo alia Corte di detio Luogo » la £CXMV] la quale hauendo fattocattiuarccfa fuoi Shirri tutci due i fuggiciui> furonoconfegnati aila CorcediMon/ignor Go- uernatoredi Roma > econdotri alle Carceri auouc. E bcnchc fopra qucfto particolare Eiccia ftrcpito il Fifco, chc il Francefchini douefle vendicare i fuoi olcraggi nelPacro del ritroDamenco ; peradeguata riTpofiafideue rifictccrc^ ali'impofnbilica di efeguire la vendetta per la precauzione di armi , con le quali feppe il Francefchini per il vtaggio i cbeandauano preniunici i f'uggitiuijd fegno cbe la Donna, quando vidde il Marico , hebbe ardimcnto di correrli aila vita col ferro nudo > per la qual cofa fit prudente cennpcra- mencoin queU'iftante di aflTicurare la fuga , niedianrc Tar- refto , canto pii^ che airoranon eranoto Tadulccrio delliu* moglie i c forfe bebbe repugnanza d'imbrarcarfi le mani nel faogue di colei > che haueua cenuta pih volte fri h^ luebracciai mentre poteua reftarliviua quaiche iperan. za di rifarcire la fua reputazione per altre firadc > cbe deli' vccifione . Midoppo > che furono trouacc lettere delli medefimifuggr- tiui icambieuolnience amorofe , sfacciace , difonefte, e pre- e dairefame del Vetcuiino refid pa- lefe> che per viaggio inCaJeilenon faceuano alcro > cbe baciarfi impuramente j e dal depofto dcU'Ofte fi venne incognizionei che haueuano dormico ambedue nella loe- defima Camera > c finalraentc dalla fenrenza» 6 decre>> to del Tribunale nella condannagione del Canonico Ca- ponfaccbi alia relegatione pertre aani in Ciuira Vecchia.* per Bauer eonofciuto earnalmente Franeefca , fegul U noto* rietii) epublicitidell'adulterio; Confideri cialcheduoos che ha fentinacnto di honore> in quali angudie > e agicazio* ni d'anitnofi crouafle il pouero Guido > mentre rifteiliani- maliirragioncuoli con lamaggiorferociai cbepoffafug- gerirli i'ittiato nacurale> deteftano « e aboRiinaod la conta- minazione dciia fedc coniugale , vendicando nonrolamen- tc rimpudicitia dclle Joro CompagnCf con I'vccifione dell' Adulcero , ma ancora gl'olcraggi > c ringiurie* che fi fan no alia reputazione dc iloro Padroni) come racconta Elia- no neliib. 1 1. Hlj^or. Ammal. cap. x J- di vn' Elefancc » chevendic6 I'adulterio del fuo Padrone con la morte del- A J la la moglie » c dell'AduItcro trouaii aflliemc nell'atto dcl- raduItcrio> e vi fono anche altri nmili cfempi, como rifcrifce il TiraqutU^in /. eonntdt. 1. 1 ^. gloj/l i. num. i. cum Jeqq. Kitornando alia fericdd facto , e da faperfi , chc doppo la^ carcerazione de i fuggiriui effendo venuto a Roina anco- ra Guido > e ftando afflittiflimo , e quafi deliraace pcrl'ec- ceffbdella fua moglie > da fuoi buoni Amici fb conforcaco COD la fperanza > die quefto actencaco delta fuga i congtun- CO con la mancanza delia 61iazione di Francefca > col di cut fuppoAo contra (Te li fponfali) hauerebbe facilicaco ildi- fcioglitneoto del Macritnonio v e per quella firada & fareb- berocancellatetutte le macchie deU'otfefa fuarepucazio* ne , ondc egli con tale i'peranza fe ne ritornd alia Patriae * lafciando la condotta dell'aiFare all'Abbatc fuo fratello . Teftitnohio ne pud eifere Monfigaore Segrecario della S»« era Congregazione del Concilio> icui TAbbace Paolo rap- prefentdiUatcocon fupplfcarlo a voler proporre in quel- la Sacra Congregazione rarcicolo > fopra Tinualidira del Macriinonio a fuo tempo « cio£ doppo , che fi foflfe octenu- u la fentenza crioiinale nel Trib unale di Monligoore Go* uernatore. Fra tanco riftcffo Abbace anefc di propofito a rollecicare la^ terminaziooe di detta Caufa cri minale, c mencre Pompiiia per non elTere conuinta dellelerrcre amorofe » era ricorfa al refogio di non fapere fcriucrc a fit facile all'Abbace poterla^ conuincerc di quefta inenzogua con Tefibizione de Capito- li macrimoniali fotcofcritci di proprio pugno anche da clia » cdavnCardinalegia defoncocon la rccogotzionede'ca* latteri} tna cid non oftanrejcfTendon diuulgatii mertti della caufa da per tuttoss'accorfc il medeHnio Abbate^che in vece di eifer compatito » a poco > a poco ognVno cominciaua k beiFarlo,e deriderlojconformeegliiiferiapij^perfonet forfi perche ficome fii tcnratoio Rotnad'introduire ilpoterpec* care impuneinente contro la Legge di Dio con la Dotcrina del Molinos.e col peccatofilofoficoi ilche fift impedico con Tautorita del S. Vmzio>cosi molti hauerebbero defideratOy chefifcaDcellafledallameiite degl'huomini I'eftimazionci deirhonore , c della ciputazione per pocer peccare inipune e di rolTore. EperocertO) che TAbbace vedendoprolungare ilprofegui- meiico delta Caufa,hebbe giufio motiuo di porrarfi a' picdi di Noftro Signore con Meaioriale j nel quale efponeuadi non potere piii rcAflere a tancce cosi varie liti , c veflTacioni procedenti da queCko infcliciflimo macrtmonio , fupplican- dolo il dcfttnarli vna patticolare Congregazioncj per tutccj le Caufe^cioe della filiazionci fuga, adulccrio, dote,& alcre dependenci dal macrimonio ? come anche fopra la di lui re- fciflione , m^ non bauendo riportato aliro refcritto , che Ad ludiees/uosy refto ccn la douuta raflegnazionc al Prencipe , afpcttando in primo luogo Tefito delta predetta fentenza.* criminalC) dalla quale fperaua porer(i rtfarcirc almeno in parte la riputatione dcUa Ajj Cafa . In tanto Pietro Comparini abbondante di danaro fom mini- firatoli eon !arga niano da perfona ignora , e ford amanto della Giouane,trionfaua baldanzofbtnei circoli,e nellc bot- teghe,luoghi di fua fclita reHdenza i encomiando la rifolu- tione > e lo ipirito diluaffglia nell'hauer faputo burlarci Francefchini con la fuga vituperofa > e con la rapina delio cofe pib prcziofce nell'hauer trouato ripiegodi dare si bel- le rifpofte al Giudice nei Conftitud col rifertrne le partico- laricijvanrandofi ancora^che in breue farebbe tot nata a cafa fua al difpetto de i Francefchini) contro i qualihauerebbp inoilb tante liti,€ inalanni>che farebbeto ftati coftrerti a ta- cere,c lafciar correre.dclle quali cofe fe ne potranno haue- re atteftationi da molte perfone » quando bifognino > onde per tali pungent! iattanzd cpertanci ftrapazzi s'andaua^ fcmprc piii efacerbando I'animodi Guido, con tutto che hauefle procuratodi fare ogni, sforzo per rafFrenare grim- peti del fuo fdegno da tante ingiuric prouocato . Eraftata Francefca Pompilia dalle carceritrafportara prcuen- tiuamence nel Conferuatorio chiamaio della Scalctcajoue fi trattenneperilcorfod'alcucii meii, nel qual tempo fcoper- tafi grauida.e facti moli tcnraciui per procuiarnc raborto»al dicui effcrto le furono mandate pih volte polucri , & aitri mgredienti dalla Madrc , ilche cfftndo riufcito iiidarno, fu conil pretcfto di oppilazione, c neccflita di purgarfi riman- A 4 <^«* [CXLVIl] data alia Cafa di Pietro>c Violanfc » doue fegui U ricogoi- zionc della grauidanxa coo I'acceflb dc i Medici : ma la ve- rica R ^)Che crelcendo i'vcerotOQn vollero le Monache* che feguifle lo (grauio di eflb ael loro recinco > e percio fa cro- uaco il ripiego di farla vfcire a. cagioae della fudetca oppi- lazione, edcl bifogno di piirga . Or qui conuenne rompere i Icgami dclla foffcrenza ali'Abba- te>che fe bene reAaua ofFefo di rifle (To, cioe nclla perfaaat c onore di Guido fuo fraccUo, niencedioieno pareuagUt cHe U fronce d'oga'huomo fofTe diuentata vno fpecchio* in cui n- inirafie Timagine del ludibn'odi fua Cafa* onde auuilicoft 1' anicDO fuo per alcro viriie,e coflaace> proruppe pib voice ia lagrime diroctiffitne di dolore fitio a fencirn ibfpinco ben fpclFo i gectarfi nel fiumc, conforme paleso a cutcilfuot Amici) e per fottrarfi da si toiniineQce pericolo , fece rifolu* lionc dj abbandonar Roina>la CortCile fpcranzc, gl'haacri > i fuoi anioreuoli t equalificaci Padroni > equanco di beno haueua accutnulato per lo fpatto di ccent'anni nella mede- (ima Cicc^t dalla quale parcieofi con queila afflizzioaei che ognuno puole imaginarfi > and6 k ricercare m Clima affac- co igaoto>e ftraaiero* oue non giungeHTe il ferore de' fuoi vi- tuperi I quancuaquc da e/To , e dalla fua Cafa nod meri- taci . Ma roflpefadi Guido procedendo da pill acerbe, e pi& graal punture> inrernandofi nelle fuc vifcere come Maricoi hebbe forza di cccicare lo fdegno fino aU'efiirenno > e confiderando non eflfer fufficience ripiego il punir fe (iedo con vn roloa- tario'efiglio per i delicti alcrui » mencre dal mondo poceua cilere giudicaca vna ral rifoluzione » argomenco eutdente di debolezza > e viica d'aniaio>e hauendo ficure notizie > che Pompilia fgrauacafi del mefe di Oecembte di vn figlio mai- chio in cafa del Comparini mandaro occalcamente d balia • non folo manceneua i'lnfamecorrifpondenza col Canonico Caponfacchiinceauto CconForme e ift^co detco ) per ofpice^ nella fudecra cara>nia ancora^che piU dVno auuoltoio li rag- giraua incorno I quelle mura per giungerecon augumsn- to dcllc fue vergogne d mettere ii roftro > e gl'artigli nella came bramatatprouaua gagliardiffioie commozioni nel fan- gue> che lo Aimolauaoo ad appigliarH k ogni piii difperaca rifolucione . In. [cixvnrj iataneoirolgendo, e riuolgeado quafi del/raote i faoifunefti peaGcr'hsh i ridcfli> che G crouaua aborrito dagrAmici, dif- cacciaco da 1 parent! ) e moftraco ddico da tucti adlafua Patria> c preconcndo la fama . che in Roma fi vcndeua con mercatoinfame la Aia ripucazione, la qual cofa doppola mortedi Pomptlia ha daco mociuo alFifcale delle Conuer- titedi mandar precetci > e pigliar pofleffo , aggiungendofi i concinui rimproueri, che riceueua dal perduto fuo honore > cbrptutto di furic.fl parti di Arezzo in compagnia dclla dK- perazione > egiunto in Roma , porcatod alia Cafa > che era rafilodefuoi vituperi/> non pore dubitarc quanto foffe in venerazfone il folo nome dciradultero, mcntre fingcndo di prefcntare vna lectcra di fua coramifsionc) Ic furono fubito fpalancate le Porce>e pofto a pena ilpiede nelJa (bgliajvid- de farfegli incocro il fuo dironore)|che doue da iungi ne ri- ceueua folatnente le imprefsioni in ideaiallora baldanzofo^c trionfjntc non hebbe rimore di rinfacciarle con volco fmai- cheraco cutce ringiuriC) che eiano /late cotninelFe in quelk Cafa contro il fuo decoro i onde rimirando da per rutto in- croftate le mura dc fuoi grauifsimi fcorni , e delle fue infa« mieroctigrarginiddlaragione, precipico nel miferabilc eccidio dlmmergerfi con funefla cata/lrofe ncl fangue de- gl'oppreffori della fua repurazione. Nepiiol niecrcdi in dubbioi che ii Francefchini habbia com- roefTo vn'ecccfso da difperato, e che la mente fua furi- bonda foffe totalmentc deftituta deU'vfo della ragiono > mentre haucndo perduto la rohba , perduto la nioglie > perduco I'oaore « altro non li reftaua > che perdere i To nonmiferabilmenrela vicai pcrche> comedicC) parlando di vn'huomo iraco il dotcifsitno naturale>cgiurifta Paolo Zac- chia nellefue quefihui McdicoUgali lib.i.tit.i.quafi. 6. dopo il numera i6. Eftfnimimpetut tile tails ^ac fanfus, vf omnind nihil ah infama > &furorc differre » aperuffimi ajftrmauerit G4/^if«i«roggiungendoaI num. 20. cidchedeiure e noco , che i delicti comoiefsi in talc ftaco ii punifcono con minor pena,ancor«he fi fratiafTe del delittoatrocifsimo; dzX parri- cidio Catder.deci/lcrim.Ca/halon./^i. naM.3S.lih.i.emohc altrc cofc al noftro propoiito riferifcc al num. 27. con i fe- guenti>eque^^propofitioni di ccorica 6 riconofcooo i pan- to [CXLIX] to in atto pratico veriffcate in Guidoi poiche , come totai- mentefuriofd > e priuodi fenno, commifc vn'accencaco si grande in hora benche naceurnajfrequeni^aca molco dal po- polO}dop6dicuinon curandufidi alcuna precauzionei 6 circofpezione , con la quale ogn'altro di mence fana haue* rcbbe procurato gouernarfi , fi pofe m vuggio per la ftrada maefira di fettanta miglii in circa di confine fcnza prcpara* zione dicaualcature,comc fefofle vn feniplice viandantc di ritorno di Roma,le quali circoftanze come fegni euidenti di mcntc offcfajc dclirantcoflirua // Calder. nella fopradetta^ quando I'ira e nata da vn'ingiuria di fat- (o tranfitorio^e non permanente^ma quando come nei cafoi di cui (i tratca>ringiuria prouocacrice delPirajConfifte in at- ti rrequenci>e reiteraci * cioe non canto nel paflaggio della^ Donna dal Conferuatorio alia Cafa di Pietro con vn vano« e ridicolofo precefto, mh di vantaggio nella permanenza in detca Cafa con le circoftanzeaggrauanci d'infamia* come d h deito di fopra>allora > ficomeringiuria t permanence per li continui a^ronti,che I'ingiuriato riceuej cosi la vendetta s'incendc prei'a in concinenti> e fenza alcuno inceruallo) co- me i Sigaori Oifenfori dcila caufa hanno mfficiencementc^ prouaco neileloro non meno erudite ,che dotte fcritture^ > con fortifHmi argomencitc infuperabili doctrine. Ne vale il dire 1 che refti aggrauato il delitco per la qualiti dcllearmi)pcrche}Come dice Virgilio furor arma minifiraf, nd per la fquadrigliajo vogliam dire conuenticolai n^ per il luogo , ccceffo ) 6 alcre circoftanze con/iderace dai Hfco > perche in vnfuriofo turtocfcufabile* eflfendo aflRoma> e principiu cci tifllimo j chc natura eo modo infurgit » vt i fc^ dtpellat quocumque modo potefi ^e. inconformici di quel- le lo dice il Fraeajfojro fcguFtato dal Zaeebialoea citato n.tj, , e in vero vn'animo ingcnuo, c chc d ftima del fuo honore, cdellafuariputazionc, ogni qual volta rcfta ofFcfo atro- ecmcntc in parte cotanto fenilbile, c cotanco delicata, ogni qual volta giungcalterminc del furore, c delia difpera- zlonc, pcrduto ogni lurae di ragionc , come delirante , e fre- nctico, non puole appagarfi , n^ meno fc giugnefle k fcon- uolgcrc , cjuando li fofle pofsibile , i Cardini dcH' Vniuer- foperanntchilarcnonlolamentegUAutori, ma ancoraii luogo,e la memoria de fuoi fcorni} c dc fuoi vituperi , quia zclus ,^ &* furor Viri nonparcetin die vindiffx , »fc acquit- feet cuiufquam prteihus ,nfc/ufcipiet pro redcmptione doua^ plurium , come parla in qucAo propotito lo Sptrico fanco perbocca diSalomone nci Prouerbi al 6. in fine; al cho tnolco bene conferifce quello , che dottamence ferine San^ Bernardo in Epjflol. ad Kohtrt.Nepot.fuumin princip^Do" hr quippe nimius non deliberaf , non verecundatur « non^ eonfulit rationem > non meruit dij^nitntis damnum , legi non obtemperati iudicio non acquiefcit » modum ignorat > (Sf or- dmem . A tal fcgno non vi e dobbio , che giungeffi Sanfone , quando cadde in potefta de fuoi Nenjici , SofiPri con animo intrc- ptdo la priuazione degii occhi •> e altre dolenti fciagurc^> mi quando fi vidde deftinaco a feruice di traftuilo ne i luo- ghi publici, echein qucUi vdiualederifioni , ele be£Fo del Popolo ) s'accefe lo fdegno nel fuo petto > con impeto tale , cbe tutto fmanie > tutto furie moriatur > difle t anima meacumVbiliflyny edatavna fcoflaalleCoIonnei chefo- fieneuano 11 Palazzo » lo riduflfe in ruina » multofque plures intcrfecit moriens-> qudm viuens occiderat , come riferifce il Sacro Tefto ; e Chrifto medefimo » ancorche folTe manfue- ciflimO) e haueflfe fomma fofiPerenza nel riceuere gli obbro- brij 1 e gli ftrapazzi fenza mai lamentar/i » nientedimeno i quando G fend toccato nell'honorei rifpofe Honorem meum nemini dabo ;Sce cerco , che chiunque apprezza la reputa- zione » c I'honore > ftima molto meno 11 morire huomo ho« norato fotto vna mannaia » che viuere per molti fecoli itu faccia al mondo con vergogna » e dishonore. Qucfto [CLi] foadamcnta Fifci in prioribus fcriptis firmata fub/iftcre non obftantibusexaduerfolacd, & erudite > fine umcn legitiina_» probarione dedudlis > Quare &c» F dc Gambis Fifci, & R, C. A. Proc. Gcneralis. ii I I II lllujirifs. ^Riuetendifs.DU Vrbis GVBERNATORE In Criminalihus * Romana Excidij . Fifco > c o N r ^ ^ D. Guidonem Franctfchinum , & Socios Carccratos • Rclponfio Dm Procuratoris Fifcalis Generalis . KOUM , Typis R. Catti.Apoft.itf^S. tCLXIl] Romana Homicidiorum . 111."* , & Rcu."' Dne . R^^:^:;' °- 'It uocatus in pcincipio ruxnoudelnfortnatioQisDecrecum huius fupremiTribunatitfuper Tormcnco Vigiliae D.Guidooi Frao- ccfchinO) 5c focijs inrereodo pro habenda codteflione intma-^ nitfimi fcekrisab ipfis pacraci canquam iiiiutlum • exradeque conteflioaes illius metuemanatas j^ eoceflTanceratificatas^vc moris eft > cifdem nocere tton po(Te infcft i Im'udiciain veto di^i Decreti defumere coaarur n edu in ex defect u qualitatis atrociflimje per conftirurioncm fcl rec. Pauli V. fapcr rcfor- macione Tribanaliuoi Vrbis requiii(£t Ted etiam ex quo non po(fec irrogari poena (norcisproCrimfne» dequoagiton & ita neceriamex facolraribus cxtraordinari/s huic Tttbunali conceffisdecerniTormentuin vigil jar>ne maior firarpericas in procedendo > quam in condemnando t vt monec D.Cano- In fine verd dida? noua? informarronis me quoque redargoit, eo quod cum fumma ipfius. & aMorttoi admiracione mei tounC' fU obligationi , vcritatem fcilicdcqu^readi, defeceritn i con- ficiendoallegarionesprotuendis iuribus Fifci eidem noiL.* comoiunicacas > de quo fatis ipfum oreteniks conquxftuai_* exifti^nabam, n nouxqitaerelx parc?re poruiffet> cuoi aieuin non (ir illas cooimunicire > prour mihi nuaquam ab eodem* quas ad defeafam conceit) dot^iiflimas deoiore informationcs communes ftunt ; Quod foluun innuere opera? precium duxi » oe meo muactf . & obferuanciae > qua Oominum meum pro* fequor«defeci(Ie videar . Ptstmtffi proptcrea propria apologia ^tranfeo ad viodicandam abobic^a iniudirja decrecum huius Tribuoalis i & omiffa^ tndaginequaiicatis CriminisrAn fcilic^c repurari valeac atro* ciflftdiuift ) de quo ad abundanciam diflerui in prasterita ref- ponfione S-Std fu^tenits etiam cumfe^ueu.offteadcado eaoi^ fubdineri poffe ob quaiitaccs illudeKafperantes > 8c extolien- tes ad Icfae onaic/latis delit^unii ex dirpoficione Coafticucio- num Apoftolicarum , & Generaliuoi Bannimeatorum , fatis cflfe cenfeo in praefenti ofteodere > quod pro illo poena mor- A lis [CLXIIl] til ffefrroganda i quodfacili negocio euincere fpero >dtinL» ex ipfa Mm decreta per iacegerrimos ludices AcerbiorisTor- tu» fpecie > didje quoqoe pa?nae locum eile prjcfiipponeo- dum cA » itaut cu>n nihil ooui (am in fg6to > qaim in jure de« docatur^ quodoon fuerit pri6s in relatione Caufae pro de- cernenda Torcura exaoiinatum > fuperuenta Rcorum coofcf- igone lodicum partes fiat exec utionem psoae promeritcab omnibus iam did e«peAat« pronunciare < Dixi oil notti i&tti per DD. Defenforea , cum prascipous co- ram conatut confiftat in repeteada caufa honoris ob prxten« fumadultcriiim patracum ab VxoreD.GuidoniSiCon/piraa- tibu$» ic adiuuanciboi eius Genicoribus barbard cam ipfa^ trucidatisadejfcicandam IlluQ;nffimi Domini mef,ac DD.Io- dicum commiferationem, vt mitiiis cam ipre,qQam Socij pii- oiendi finti ex au velAmafiumi (bbvche- roeai fufpicio adulcerij fiifficiat ex quo iU^ repec ta fit in a^i* bus Venereis vel prxparatorijs ad iUud> quia tunc ob iacoa- fultum doloreiD ad iram prouocanrem ab ilia excicatumi pae* naplarimumeftteroperanda iuxta qualitatcm cafus atquo pcrfonarumjceccum eft, quod ad c6:aum vitandi pxnam or> ainariam legis Cornelig de Sicar. pro nece Vxcris ex inter* uallo patrata ilola fufpicio quantumcuoque vehemensnoiu fufficLti fedrequiritur eius Uqujdiffima probatidvel ex con* iediooe ipfius Vxoris , vel fententia condsmoaroria reful* UJM I vt prstec adduAos ia flxa prasterita refponfione 0. S0- lamqut ftt/picitmtm > admittunt per Dominos Defenfores lau. dad Af4fi:ardJtfrti4t.t«m,i^on(L6n»vtrt-Adutterwm «a«».8. et 9*B^rtazz«l.aJ»/.42.imm,t.ver/'.^»0dautemtCaiall. re/eU Cnmf(af.y>Q.nw»,7 6.Mattb.SAnz»d( re Crimeomfr.i %,numer» iS.Dtxaru deeifiSard,^.fariter»um,iS* Talis autem probario deficit oinnindia cafu noftroj Nam io^e- liaVxor Adulteritim vfque ad extremum vie* fpiricum con- fiaau^me negauic , vtcoafhic en atteftacionibus iuratis Re- ligio- [CLXIV] Itgloforum Viroram* 8c aliornn, qui eldcm icthalieer yul* ncratjeroioiftrabaoc , vnaoiaiter aflerencium i ipfam fcoapec afficmafle, qudd nunqaam Conitigaleoi fidem vtolaaeractncc tale peccatiim (ibi a Diuina Cleaientia remicci expofccbac , qox profe^dalTertiopioriini facienda eft > com nemo dece- dere praefumator immcmor falutis jetcrns . vt vltr4 reUtos io prxtcrita informatiooe $. Ommcmqw. traiunt /Henoch, dtj fr4/utitftt.hf^,S,pr^um,$,tuimer.j. Faria* deh*re6qugfi. \g6* num.1 uDecian.trail Crim.lih.^Mt,de dtfiiif.Retr tap.n.num, 3j,Cardule Jjtcde MegaUdi/e.i ig.a»m.i^'& dc legat» di/cij, »»m,io» Noti reieoantibus refponfionibas rradiris per OD* Defenrores« quod rcilicftthuiufmodi probatio exclufiua adulterij foiiiou* defumatur ex fidibus extraiudiciaiibus > Htb pendente extor- tis ab her ede pro remouend is moleftijs illaris i Modallerio Conuerticarum , 8c quod aliqui fubfcripti in ijfdem fine lega> tarif; Cu'nquecali$ afTercio tendac ad tegendam propriaou* turpitudtncmnoa fit attendeada; Prarfertim cum non ficju- rata 9 & lic^r oemo prsfumatur immemorralutis arccrnae,noa tamenomnes praesumuntufcire immuoei^i peccarO) (icuc S.ioannes Baptifta* & maxiodi quotjds agitar de prciudf * do Terttj ) & de grauiiis ininicum declaraocia puaiendo. Quoatam omaes hcAi negocia dilToIuuntiir i laformitas qaip* pe pFobationis o^^are po(feCi fi Fifcus teoecerur cam aflu- nere > 8e perfe^am exhiberc » At cum raleoaaa Reo incum* bat ex lupra cradicis pro vitaoda parna mortis* qaoti^s Vxo- remex interuallo necatiic, derates acteftitiones foiiiai addu* cancur ad ofFufcandu m probarioncm pnetenfi adalrerij per il- ium addu^am i is hoc certd cafn fperneodas oon func « pre- ferti mentiri voluifle , vt per Tent, in cap.'ii Ttfles ^.qudff,^' eapAm mpfira de Ttfiib. tra^ d»nt Alex.t$tif,^i.nHm.^'Vol,'j. Craue$t.eo»f,t6j.Hiim.l,v*Lu Mea«eb^*«f'% » I'ftam.sJih.} Fariatu,de Tefiik, qusfi.jo. o*. merely i.BtlUitdi/ifuif Citrit. part, i,. fit, de QerUo Ttfle $. x. nitm.i.t^ feq* Eadeaique repiicatione tollitur exc&ptio > qu6d excortc fucrint per haeredeo « litependence proremouendit moiedifs iliatis a Monafterio Coouertitarum » quia cumagacur de probaada ttifertione cmiira in vltimis dicbus vit; atquae inarticulo mor«. A a m» [cucv] tis , non potent, nl/i ca fecuta > in/trnii probatFo > & laudan- dui eAhi?res, qjirenftur ncccm defun^i vindicate , ne >n- dignus rcpiitecur, v/perText.literatemi»tfg,x.C.de t/s, quibus vt indignis ibi -- Haredts^ tfuos necem Teftateris inatta-n^ emtfifje coofiiterit , fritelits integrot ecgantur rtiitre &C. mo- neoc Angel.ibidem »um.2.Bartol.aum.\. ^ ^.Caftrea.nmmtr, i. Itf/&ff.«»«r>i. (ididias acccftacioaes procurauid vc filcem fa- mam Teftjcrtcis cueatuftquo poci6s tendcbac eius ftudium » qu^flo ad arcendas molcflias i(idebiceillatas> St quarutn ipU ccfTatio rctorqueri poteft ad exclutioaeoi prasteafae probario- nis inhoncftatisinffiicis Vxoris. Miaufquc ob(tarc vaiet , !quod aliqui ex rubfcn'ptis (inc legata- rij> cum corum inrercifc oon fit adeo co.ifi Jerabilc » vc a te- ftimonio tercndo rcpellantur, vc moncnt Herculan. tn$racf, de iifgatm nam 215. Li'thertetig^ de tontraH. glof. to. num. 4, Bojf. in tit. de cffofit. tnntr, Teff, num. izi,& ftqq. Mafeard, d€fr6bat.lih,\,ce«cl.^\Z.nam.\»^ lib»i. coHcL 15^7. »>69. ^Jeq. Ofafch.dec'f. Ptdonott.gg. »um,i^. df 38. PraBfciciiu quori^s agttur deprobanda ic 1 qu£ contigir imra dameftt-* cos parietcs, & cuius proprerea probacio difHciilima rcpu- tacur. vt adiiercic Alex, conf.e^. numcro i. I'lbx. Farinac-de Ttfl. qu. 6. ffdw.jS. di-/?y^. cum ibi addudtis; Talijque ckcc, ptio> quarenhs fubfiflerec > fuppleca remancrct e< numcro aliorum 7eftiutn m dd. atceftationibus fubfcriptoruin t vc tr ^6vkt\t A vgtLin L. aai Te/lamento num^l. ff.de Tefum.Qam- peg. de Tcfub. regul.T).in prim*fallen.\Bari»ac. dt£i. qu. 70. nitm.6l. Ret. (orayi Riyas dec. i^^.nwn, 5. ^ 6.!c^ Hec.^66, fittm»S.& coram Burait, deci/^}. aumero 38> d* cor Am Merlin, dtt.7'j'j.»um.x\. Exceptio yero quod affertio morientiSiVt pote ccndens ad pro- priam exoncraiionem non ficattcndcndajquia nemo ccgiiur propriamiurpitodincm detcgcrci forfao procedere poflct fi probatum FuifferAdulteriuin. & iron conf^areti vulneratam^ obijfle cam ntaximaChriftianae cumpundlionis manifeOatio- nc, qux mendaci; lufpicionem cxcluderet » quo cafu ca non prcccdir,fcd luccedicalia validiffima pixrumpcio>quod oe- mocredaturivellemori falurisxterhae iromeroor, vtiroact Ma fear d ex adutrfoadduHus deprobat. (onelttf. 144. num»2, vbi rtfpondcc Balde in coHtrarinm fariter allato in Tit, De fate tanfiaHtU verbc Vafalli in 'ujib.feui.aftrentit quid n»n om- [CLXVl] omniSi gui manturt e/i S. Joaunci Euangtlifta^oftendendei ffuod ipfe tftfihi centrariust dura in fon/.zs.Uki. ait> confefHoncoo etnifsam in arriculo mortis valere, fubditque , id ad veriu- tf tn propriiis accedere » adducendo in comprobationeoL* Jtlarfil. conf. procedicin afTercione vulnerati, an faciat indicium contra^ Inculpatumjqnae roto coelo a nostra difpucatione diftat, cum vc obfcruatum e(l> Fifco noa incumbac onus probandi > ncc aiTercio noflrjemorientisprincipaiitertendatad viodidatnj, cum ex dd. attcftacionibus confiet 1 ipfam ab eadem abhor- rujflfej vt Temper profitereturfe Ijbentidime viro parcere. His potii'is ad abundantiam, quam pro afferenda luftitia decreti hiiius Tribunalis, neceflltate expofcenie prsnocaris , facilo crit pra?tenfi Adulterij probationem per DD. Dcfeiifores addudam elidere ; Nam quarenus ea defuoiitur ex alio De- creco eiufdem Tribtinalis condemnstorio D' Canon tci Ca- ponfacchi pro fuga >6e cagnicione carnali Francifcz Pompi* liaj) fubfiftit rcfpoofio tr^dita, qo6d oon Gt attendendus Ti- tulusjfed probatio et Proccffu refultanSiSe pnena per fenren- tiam impoiica • Adeoque licet in Decreto,vna cum ticolo compliciratis in f'ug^ « & deuiationis d. Fraocifcae Pompilias addicusfueriteriam Tituluscognicionis carnaliseiufdeotu; Actamen dum in Proceflb non repericur probatio ilbus ve- rif]catiaa, eique pf na triennalis rclegationis non correfpoa- dettremanec propterea nudus Titulut noa attendendus ex au^oritatibusadda(3isia prztcrira refponiione %.non relc uante* Eoqae miniis ex illo refultare valet probatio , adeo clara pra*. renfi Adulrerij t! prout requiritur ad euadendam poenam or- dinariam pro vindida ex tnteruailo furapra ^ dum ad inftan- tiam D. Procuraroris Charitatis fuit per DO. Indices, ap- probante Illuflriilimo D. meo,decrcta correditOifubrogando generaJem Titulum ad Proceflum relatiuum » fcilicet : Vro caufa-, de qua in a^it: qu£ corrc«5tio> licet non legator in li- bejrculo> in quo adnocantur refolutioncs vulgo Vacchetttt » A J ta- [CLXVIl] tamen fa^a rutcla fcheduU tranrajiflHontsad relegacionem > dcitt decrcto aflignatioois Oomns loco carteris Snmm.nm.t. qux cttm fa^afic cle confeofu D.Abbacis Pauli Francefchini etdem propcerei innoruiflfe d. mutacionein» affirmaadam eft obnotoriaffi illiusfollicitudiaetd ia huiufmodi Caofa pro« mouendat icaac prorsiis inuerinmile fit > ipfutn ooa perlu- firafTetale decretU(n»&obligatiorKinfa Tub- niiniftraad>ali(iieota>ab(<|uerpe illarepeteadt* ac fiddiif- iionem praeltiMin de habendo domum procarcere > exqoi- bosfcientiaeiusdetnfufficienter probata cenferi debet i vc Brmauit Rat, cor Ait 8ich, itcif, % o, num so»& fe^f, ■ji' etram Olf, dte I $ a. 0«i«,5. & coram Cerr. dec.^i^. aum.^o,(jr toram fa, mem. Alex* VIILJee,x69*/>init»n.&dee,i$S,a»m» >i. ExiodequccorruicrefpoiifiO) quodaoopoeuiflet mutari De- crecu(D> vtraque parte noti aoditai.Qiiia multd minks ioau- djta Fraacirca Ponspilia. qux fuas adhuc dcfenfiones flOiL* coofecerati poterac incondemnationeD. Caoooiciadtni* fceri tituitts cogditionis Caroalis ei aded pr«iudiciaft$) ne* dum quoad exiftimacioRem , {fed etiam qooad amiffiooen^ dotis> cui przcipue maritusinhiabattiti enim tndefcafa mu- lier condemQarioaem paflfa fuiflet)& quod peius e(Hvt often- diteoenttiST ^xpofita reoianebat furori v'ui* Ac proiftdd (aiis corre^ioi ioAitia diOaotej meriro impectata > & execu- cioDi demandata iait^Sc qoacentu eiiam (ion coar»glfleciDoa pocerac featentia contra D.Ctimiritfoni lata eidem nocero canquam res inter alios aSatVt per Text, im L,Die vrnqno' ^ei& in Lf/tfiff, de reiudie, firnuuit Ret. teramD^mexm lurtt. der.79j, mim,/^. & m ret, dee.j^i, n»m,%.f^tr iS. Qood aurem ontatio per relationem ad aAa idem importeCiac CRprelfiodcaH cognition it ttroalist gratis ooinind aflericar; cum enioi plures ficuli pribs in decreto condemnatioois ex- prefli fuifTenii fcilicec complicitas infugat deviatio » fltco^ gnitio carnaJis * foper quibus cooAruAurs ^uerat PrOceiTut « cxpreflio caufc in eo conterita; noa eft pocii^s de voa* qnia de alia vcrificabiiisi & certdoon deomaibus* quiafi voltti& itm omoes in Oecreco refbrmatorto c«inpr«hciidi>dt^iil UA'Stt -. Pr« tawfity deqa^ut i» freceffu > cum namerok fin* guUTispInribus noa cooueniat* vr tradonc Surd, swf, ^qS* tfutUif, /i^.^. Pdm* Nef, alleg, i xo. tmn* 6. A^St Rctm r«Mm Grei. [cLxmij GregMt^ii^ rmm.j* & iaree.dee.x%i. ttum.io. par, 19, Scd quia in ProceflTu noneracverificatacauia cogniciooiscarna- liSt vet pro iila daoinariaoo pocerat D. Canon icus.inaiudira, & iadefenfa Francifca Ponipilia propter indiutduiratctncri- minis Adukertjiquod non patitur fciffurani per coodetnna- cioncm vnius axxft pcndet quoad aliuon . & pr icnrrtiai^ dun omoes func praefentes 1 & in carceribus condiiuti , vt moaet Text, in L. denuacl4j[/(t %,fin.ff: d< Adulter t , Alherie. ibid. S. qudrltur nvnuO* verf. fed rtf^tndvri pSteff ff. dd leg, lid' dt Ad»lter. Satieet. in L Reos num. i, verf. Hie veto , ^ ,aum,j, verf. Item prodi/t Cod, eodem fttult i Ciriac. eontr,^^/^ nttm,iU Crauett.ceKf.206, »»M.2,0rigUa adCampan. ebferu. ad refoLi^^ 2^. uom.y6. &feq, expreffio pfopcerea Cau- ses de qua in Ptoceffu * Coliim inielligi debet de complicita- te in fugai Si deuiationct quae poterat expedirt'i abfque con. demnatione Fraocifcs Pompilix * non autemde cofnplict> tate carna)i,cu relatio fa^a cenfendl (ttad ea rantunitqaibus difpofitio relacina congruir,vc fitiDaatCrauett;eenf.^48.n,ti,- Sard. cenf.4^^ i. mam.S/^, /Henoch, ceafi/^to. num. 78. (^ eonf, jgg, Hum.^S, Altegrad conf^S. num, s8. lib, \, Rdccdifput. lur.ftlelf, cap.^2, nmm./^o. Keta dec,%^Z.n«m,^,par 3* rec, Idqnc manifcftum reddhurex lcuitarcp(snsr«adquam damna- cus fait D.Canonicus , fciltc&c tricnhafis re!egacionis » quae cert^noncorrefpoodet deuiationi mulieris nupcx a Oomo virii eiufque tiadufliooi ad vrbein)& carhali cognitiooi>quo> niam circumfcripta etiam qualitace Raprus capitali poena puniendi} ni/fageretur de perfona Ecclefiafiica » pro (olo Adalterio longd grauior inBigeoda futflec « fi cius probacio ex Proceflb re fultarert vt ex Text, in cctp.fi quis Clericus diH. 8 1, tradant Abb. in cap. vt Clerieoruta aum.S, de vita > & ho- neflate Cleric. Meaocb. de arbitr, eaf.i^Hf. nam. 60. Diat. in prax.erim. canon. cap. 87* Deciati. tractat.crim.hb,6,cap.2$. aHm.t^. Bellett. difquif, Cleric.par.%, %, 7. aum.$, Agaofcic D. meus Pauperum Aduocatu«>niinis imparem eflo ptienam delidlo acerrimi expiandot St prcfertim poft reno- uatam Sixtinam Conflituriooein a sa*n>e. Innoc.Xl.acpro- pterea ad euiundum defc^um prottationis eiurdem ex leui- tatepc&nc lute Optimo argu^nduoi) refpondcre conatur , quod mirius a^um fuerit,cutn D.CanonicO) quia ipfe erac forenfis > & agebarur de deli^ocommifro extra Statum Ec- A 4 cle- [cucizj e]e(ia(li'cum»quo cafucutn foio exilio dimittcndoserar-» Ted refponfio ex pluribus infubfiftens detcgicur, Prim6 quia ex noton'o priuilegio vrbis Homas.qux Patriacom- munis efti poifunc in ea puniri eciam ij, qui extra (latum Ec^ cle(iafticum Pontificijr poteftati fjeculari fubici^uni deliqoc- raor^ Sc quidem non pro Tola contret^acione > quod cuilibe( Principi jicet, fed pro ipG% ddi^l$> vc ex Te^ft. h I, 'R0iB9 ff, Ai mufticipal- 19 ierminisfirmunt Oldrad.ecnf.it^^per totum AiarJfl.coaf,g9. ni"n,i t.Pttr. Btrbof. inTtt. de lud. ad L-fe- cundamS'hgatis nunt.iS,(!rl/eqif Caffald. de Imper. qu.fj, num,7' dr 8. ^off". in lit. de/or. competent oum» jy. Cjritl, in Snm. trim, tit' vbi dc trimin. agi opart. »un>. iS.vbi teftatun fc ita feruaflede anno 1540. in forafCapicolino> Fariaae. ie Inquifit. qu,j» ftuWf i z. verf. 64c ^utt/fit, ybi quod in bac ea- dem Curia de anno 1580. futt adj triremes condemnacws GeorgiusCorfoiqui Florcptix boatjcidium commiferatiSc abUtoequoQccifOsRomam venerar , non obftance > qood acerrim^ caufa pro Reo fuerit defenfaj Beer,det,tg. ft,y» Secunddqqod idfortit'is procedit >quoties agitur depuniendis deliAis patraris a perfonis Ecclefiafticis. qua; Summi Ponti- ficislurifdii^ioni rubiacent>& poftunt in vrbe de itlis poena ordjnaria punirii lici^t extra ditioneoa temporai^oi comroifTa fintt vc aduertpnt Barbe/, citato Tit, de ludit. ad L. feeandam ^.IfgaiU ffttm.55. /iV<# ibi non delinquat &e. Vafittdt. citata qu.y./ub num. 12. Tcrti6 quod cum acc^fUii ad vrbem » Cf. tradu^io Vxoris ad eamdcmfa^apractendereturlibidinis caufa « & pro maiori facilitate earn carnalitir cognofcendi > iUam fubtrahendo a^ Dome viri| vtique ex tali deftjoatione O. Canonicus fe fubt leciffer posois> qua; deU^um expiare pofTent, eriam in Vrbe irrogandic, 5cut eifdena obnoxius reoianec cra^fljus in illx* deli^unijquainuis extra (latum perficiendum > vc tradunC AUiar. eonf. 13. lii.j. Claf. in ptmSl* crim. qU'iZ, & qudfi. ^9, C0MI, ftfol, trim, taf.i nunt,7.&fiqq, vbi quad adtribucn- dam lurifdi^ioqem ludici pro deli & complicicati >n fuga cxcufacionibus per D.Procuracorem charitatis addu^is val- de icmperandam, afTerendum propterea eft» D. Canonicuna nullatenus fuifTe pro prxtenfa carnali cogniciooe damnatutn nam qualitas pfn^ bene arguic delidi qualicateoi > cui com* menfurari debet, iuxca illud Deutber»n. faf.x%. ibi— Pr^ msoft*f' corruic quoque pros* tenfa notorietas Aduiterijex iila refultans , quae tanien nee etiam poflet contra illam indefenfatn aliegari > & ficuci non poffer ih eadem licitd Aindari publics vindida a ludicc de- cernenda > ita nec|inult6 min6s CKcufabilis exifticnari valet priuata a viro ex interuallo fumpta cum eiufdem neceirolum a pana ordinaria immunis,iuxtd mitiorem fenientiaaiiquan- do perliquidiflSmas probationes de Adulterioeonftat a O. D. cxemplificatas in confeflione) vel featentia fuper ilio emaoata. Prouc etiam fuperfiuum ciTereiidere prxfumptiones perDD^ DefenforeS} praecipud perD. Procuraiorcm Pauperum ad- da^as ad eruendam ex ip^s Adulrerijprobationcm, fuffice- rctenim vnica rcfponfio, quod omnes cumulate fueruac in Proceffu fuper fuga > & deui ationc confcfto ad infiaotiam^ D. Guidonis eodem vrgente pro lucro dotis propter Adul- tcrium, & per D. pro Fifco fcribentem tunc acriter Taper il< lisfuitinflitum) &tamen in relatione Caufa; non fuerunc a DD. ludicibus in confiderationc habits ob ipfarom irre- leuaauam> vc conftat ex leuitatc poenae contra ipfum D. Ca- A 5 no- [cLxxr] aooicom decretar. A<}eoiie aequeae modd illarum oamciu refricari poftquatn Fifcus fuccubuir > 8c adharrens fcntcmic acquieoit > a qua prouo«afe pocerar > fi fe grauarum feacie- baci nee licitum ci eratadf immaoem fadi vindiAam coouo- late i ne taonen aliqoid lora^um rclinquatur » & loditia^ Oecretrclarius aflcratur; breuitdf eafdem coDfurandas aflu- mere opcrg pretjum duxi* £t quoniaiD priino loco con^dcrrarur per D* Defenroreni caufa fugjT) vt iliam oninind illicitam > & adcommodiorem caroa- Ictn cogniticnem ordinatam fuadcre valeat excucienda? func probationes ad id aliatsnqoarom pr«cipua defumitar ex af* i'erta £piAo|a Francifcae Pompilijt) fcripta D. Abbaci Francc- fchioO} Geaicores iofimulandO) quod jpfam adigerenri vc Vi- rumi Cognacum« 8e Soc^um veneno perderet) Ooaiumcom* burcreri & cum Amafioad vrbeoi remearet f cuius profedd mclior confqtatio haberi noo poteft > quam ex ipfo etufdcin £pi(lolctenoreadic6inueri(i(niliai im6|incredibilia conci- neote» vtmcritd fprera fuerit a DD. ludicibut i Quia cniou* filialis aiDoHS} & obferuantiar adcdexpers , 8e immeroor re- periri poteriti vc fibi perfuadcac > tcnerrimam puellam'} tunc decimum quartum artatis aonum non etcedentenit vt ex fide fiaptirmi Somm. 0nw. a. exrrd Patriea Lares nuptam i 8e de dirccflu Parennimacridolorepercuiraif), Stiin dome Viri ^flSme habitaoH > vt coa^a fiierit recutfus habere ad Snpe. riorestaoiEccJefiafticoif quiniLaicos ade6 improbafibt ab ipfis tradita nedum ccnfiUa . fed impcria arquo aninip confcripfifle Viri Fratri eifdem notori* infrnfo , nifi vt ipf* ingejiui fareiur ad ea confcribeoda coaAa fuiflet a Vjro>cui cicra maxifnum periculum bare imperanti reJuftari non po- f erat, cum ipfa fola inuerlAmilitudo apta legentibos borro- rem inijcerc fatis ©aendat, id non fponte, fed coadd gefliffc* luxtk tradita per F^rinat, €onf% 2. t,um. 34 ante mti. lih U & Unf, do. mvm, ? 1 . in fin. Ca6ail. refolut. trim, taf* x 9^.»«w- 3^^.vbiqudd non eftadmirendun) , quod nemo fanuf pi(>- bafcii Vermigl,(M/.$,ttum.6^7. cum alijs ibi relatiM Acj^toptttt* opus non eft examinare; an verifimjiis exiftirtuin- dsfic qualitas coofeffioni adteAa,quod noaritos dcfignaueric clenentad.6piflola?,qux fopet indoaoabta calamn, foerinc Bttamemonotata, quia ipfa fcribere nefciebat . Perborroit coun foffao etiam netu adaaam fc tah'a fcripfifle fotcri Ut* pci- [cLxxn] perniriem Patri«, & Maeris, qui tamen la mifcra vxore wnc- rae aetatisomni auxUiodeaitutc extra Pacrios Lares.ar ia do- mo viri eft otnoino praBfumeodus , Vt tradtiot /Wwc*. confil. i.it»m,t9oM6. uCraugtt.co»f,i ii^.Hum.iMb,i.CepoUai$t,%ii, lutm^.^ 9.Magoh9,de metu eaf.2.S,j.ifum.i f. vbi quod ex abfencia coaranguiaeoruai refulcac pr^fuioptio mccas , Ca- fjeMtrJec* i iZnum, 1 6.8e prefertioi j^oft inatiliter bahicos recurfiis ad fuperiores . Contraria probatio rafficienr^r aoiL* dedncitur ex ipfius Francifcae Pompilia; fubfcriptione in ca- pitulis inatrimoQialibus9 & ex alTercis Epiftolisfacceffiue ab ea confcriptiS) 8e D.Caaonico tranfmiflfisi auc dfeoeftra pro- ie£lis, vt refert Tefiis Fi/caiisin ^rteeffufitg^tfiL io8. Quo- niam breuiflima fubfcriptio exarata iaCapitulis natrimonia- libus non prxfefert taleoa petitiain fcribeadi » vc cum eadem commodicaceadeolongaoi Epiftolaoiconrcribece potuerici cum quotidiana experientia doccacj piures repcrirt * qui vix pfoprium nomea fctibere valenc* eaqoe multo minus ex af- fertis Epiftol is probata dici poceft > cumfuerint abeadeio^ conftancer negatae nee fatis verificatardict valene c xaflertto- ne d\&\ Teftis Fircalis >quod ipfa proiecit h fenefira cartam> quam 0-Canonictts collegic, & difceflSC) quia viera quod eft vnicus) & viliffimf condicionis Tciliccc in honefta IVf eretrii( ideoque ineptus ad coauincendam«nmonee Textaa eap.ve" nieui tCafJieet vniutrfit de Teftib^ Varmac, de Teffii.q, 6^»it, 2.8« Vfrmigi.€0a/'.m6*mfim-S» D, Caaonlcas RajnaldAn ^titnx»yer» rriiMi/r*/oi» & quatenus etiam fuKTentab ipfa exararje9 c um fine pofteriores, non arguunt peritiam icri- bendi de praftcritOj quia base potuicicquiri ex pod* defpera- tione ingenium acuente* vc EXCanonicum allicere po(Fst ad fugam cum ipfa capcaodaroi vc ita euaderec imminentts moc* CIS periculum; Inhisenim quae variabilia Tunc > & fuperttcoi- le poflunC) h pra;fenti non ben^ arguicurad prafcericum > ve tnAvaktAUiat.in gra&.de prMjum,reg.i.fraf»ni.%'& ,»».z, verf, Et idem credo, Craaettode ant'tqaiuttmp.im vlt.fart. nan.%. lUt' m»eb.depr*fttmi^.lib.i.prafumfU9i,aum.7,9it quod de fa^oio Ciuitace Arctina poftdireefiTuai Parencum fcriberedidicerie i A 6 con- [cLxxml coiiftac ex einrdem Epiftola fcriptaio Carcerc Caftri noui re- perta interdomefticas feriptucaspoft obitutn illius data id fTfifenti SummMum. s* Verificationes quoque praefatae Epiftola* defumptx exlitteris X).PraefidU> feCi CommifTarii Arctij* Reuerendiifitni Epifco- pi» & D.Bartholomasi Aibergocci'i cantum abed , vt licitaitu fugs caufam ab ipfa Francifca pompilia , & D. Canonico in ProceiTo fugs adduAam exdudcre valeanc > vt poti^s eam- dem confaucant ; Namdumrcdarguonttanquam inconful- tosjrecurfus ab ipfa habitosj forfan ad fe eximendum ^ cenfu- va>quod ipfos improuidi reiecerint>eo magis credibile eft> per iUos exafperacum fuifTe animum fcrocis viri) & immitiS) ac femper > vc experientia docet implacabilis focrus ,quen(u nulto magis exaceibatum fDiHcquilibet libi perfuadere po- tent poft motam litem fuper fuppo(itio ne Partus )&refcif- fione infiruinenti dotalis , & publiratas fcripturas fuper an- guftia rei fainUiarijsi& peflimis tra^ationibus habitis Aretij indomoconiugnin » &ex coDccptafufpicione amotiserga D> DaAonicnro ) quamuisfimulatiad ilium allicienduoi ex qua viri exafpeiatlone capitale odium excitaote » quod ori- tur exlitefupec remagnivalorisi &multo magis de toto afle^ vc aduertunt Grammat,coi>f,^6-. rum,/^, Crauett, conf.j^* num* I i*Dtcian'traii.(riminJih,^.ca^A ^./lum, 5 tf. <^ 5 7. Vfrm migiiel*confi 3 2 i.mm.^.Tarinaet.qMji^^g. »um.^, quails re- ptttanda erat controucrfia Taper fuppofitione Partus > negari profeAo non poterit iuflus timoc inf^licis |vxoris de fuse vitae difcriminej ad quod euadendum in defperationero aAa iicite potuerit fugam arripcre, quod fi lieituro eft ob fimplices per- cufliones virra cet minos permiflTe corre<^ionis>vc pod AmUn' rafi>(onf.^QZ.^Tiraquell,inleg»i,ton»uh.pum.2^.mQnetMol-' ier. aut falcem in fockcaie cuiufdain attioentis fugam fCLXXIv] fugam arripere, fed vltra * quod timor imminemis pericufi non fiuic meliora confilia fumere i & prxfercioi miierrimx mulicritenerextatisomniauxiliodeftituta!} &cxpofitx fu» rori viri,ac focrus. timer^poterat fruftranouos recurfusab jpfa habeudos j dum prinios iaro inanes experca fuerati nee alium aptiotem modum inueoire valebat ad fugam cucdarri- piendam* in quavnicuRircmedium fibirupereflfe exiftima- bati quam adhibita opct ac focietace Dooiini Canonici fibi ad hunc effedluni propofiti k Domino Canonico de Comitibus i & Domino Gregorio Guillicchirro Vfro affinitace coniundiis » quos credibile Qon eft iin^ maxinaa » 8e vrgenii caufa, & conSdemia deiilitis boneftare « atque mo- deiiia in perniciem bouoris eiiifdeni confpirafle* quorum.* alter* fcilicecGregorios fefe etiam exbibuerat Comttem iti- ttcris, He id quoque pra^OitilTcr, fi eius infirmltas permilifTer* vs ex d. Epiftola Francifcx pompiliap poft obicum rcpcrta ex- hibira iafrafeMtt Summ.d^iim,i.eamdem caufam infirmitacfi Gcegorij teferentei atque imminentispericuli ; quod pafTuni nonftiitt vtillius conualefcentiamexpeAareti AdeoquecuoLt ncceffitate cogente in focittate D.Canonici perfpei3«ab ip- fa modeftix , vt pariter confiat ex alia Bpiftoii Summ,^x4dm utr/ff »(tm'7.Bpifi.i2.in qua euoicaftum iorephuiit appeilae> Bt exa'fcra , in qua ipfius verecundiam commeadac* ex^'u- ianda eft « fi neccflitaee cogente hoc rcmediuoi eiegft * ex vulgato axiomare. quod necefHtas legem aoit pattcur,de quo 45 1 ,»«ffi.«8 %,GtiiU,ebferuMb. i-obferu. i o 1 ttam.S.GevaH.ctm% dif(4fLQeric.pArt,i.%.^. nam 55. Tinifo^t*dt f4».i*m^' c»afi Defumeoda propterej non efl caufa illfcirclagtf proprer in« honcftam amorem > quo Francifca Pompifia O. Canonkam prolequebaturex eiufdem EpiftoHsi qa>a lic^tamatorie vi* deantUfi camen vtpocd ordiaiuc adaHicienduitt eumdein D> CanooiCuiD* vr cum ipfafagam arriperetiquamfiae iilo nee exeqi)i>nec tencare po^e agnofcebat « nulium prarbereva- lent indicitim fequuti Aduiterij > quodlicte refolcee esltte- lis amatonjsi vc ex a4r(%oricatibus adduiSts per D. Ocfciifo* temia %*His frababitUitimQn iliad procfas clifiim remiaeci A 7 fi [cxxxv] (J ad finem Hcitum, qualfs e-ft fiffa pro vitando diTcrimitHL^ vitf lint diredsi Nam tunc flcori permifTus eft finiSi ira lici» ta extftimanda Cunt media, quamuis fufpicione noncarcncia » quje non per re> fed propter finem conndcranturt vt cradanc » Gratian.dtfeept.for.cap.s^o numJ^GohcoHfult. I ig.-nitmer.ji* Et adhuc non ed adco vioienu prxlnmptio adutterij ex lie- teri$ atnarotijs defumpta nifi fequura? fomicationis implicu tamconfffljionetninuoluant) vtcxplicando OfXcootjariuoi aHereutes ttzditt Ssneh.de mathm.lib ioJtt.de diuort.di/curf. 12 tju*ft .i.nttm.^%.ee^e reUto AloUer^de CornuUtap»'J.nu.z^* Vrgente prxfcrtim ad id fuadendum cun(}deratioitc>quod in- felix puella exift'mabat O.Canonicudufn ipfum aliis dc modcftia t^c caftita- tectmiflirndatum obiurgarenondcfioit invoaex Epi(i:oli$> quod cidem carmina inhonefta tranfmirerit Summ.pf*/eaii ruw.^. ibi •• £ mi mtrauigliOithe voh cbefate tamo taftot ba- uete cetupefloi t (opiate (oft tafite pece ho»efte -» & infra ibi*- wnaeo non i/erreii the voifacefle cost ta egai Co/at eemeis" uere/a/te in qu^i liirit ehe il prime eflato taate honeHoi t efue- ^ ottame tutie il centrarie^ the voi da tante hontfiot (hofetti di' ueutafle tanto arditOj il che nen credo - exqaaprofcAo fince- ta obiurgatione conftac,quo animo coofcripts fine Epiftola?* licet blanditias > & amoris figniFcationesconcinentes > duai ipfa etiaffi ab inhoneftis carminibus fibi tranfmiflisabhotre* bat. Adcoque ipfs Epiflolar fecunduminteotionem foiibco- cis,ficut verba iuxra intentions proferentts intelligi debenci *ut ex Text,in capAxttUigehtid' iSt tap.Pr^terea de verb'ftg»i' fic.taonet0ldrad.coi»/9.iitufi.^.&ttrdmcof>f.^3i.»um. ^^ . Melin, de rit* KtiptMh.^ ejtufi S^Mitm $o. -^.v JLcuisproprereat & improbabilis exiftimsnda non eftcreduli- lasjquodin itinrrc WiirrCDaleni podicit-ia eruauerit int«lix vxor veloct^mafuga propria? incolumitati cofrfulcre l^i- grns , &quod ea non fucrit ^ D.Canonico tenratflidom amor inter iplos tnrercedens vnicd probatur cxdd*Epittoli$ ad fugao) ordiitati», fir quae prasfeferupc (blftcirvdiocm oiodc* fii«» ac continenrior i duoi prclfola tranfoiiflione adeocoo- qufffta foir, ttmens ne audax euaderet, vr conftac ex particu- la relara? Epiftol^ . (srcc defunc exempla feruata; concineati^ inlopgiori} & comtnodiori icioere per Amaotes fulcepco, atque [cixxvij atque complcco, quamuis licit<^ poflent Amoris ftimolis in- dulgcrc, Vadh inucrifimile non eft , inrra illius limirrs fo religiosd continuiflc miferatn vkorem in vii« difcrimioo conflitucami quod eoadcre prxfi^iti fugi pranAolabatur . Longd dcbilioies Tunc ilig prsfuinptioncs ptxteaA Adulicrij , ac proinde merito fpretar inrcbiione CsuAc cam Aiper Ai- gai quaiD pro dcccrnendo rortncnioiMutuos cnim Amor in* ter ipfam « & D.Canonieisni non faxic probatut dici poieft CI praefatis Epifiolis vtpote tendeutibus ad pr«ordinandani fugatn . Iogre(ftiS}& egrcfTusceiPporcno^urno indomum Francifcc* & ab ilia refpeaiudj probatur per vnicum viliflTiiniim TcAcm, nee eft ad iralcim finro) prxfuttienduSi duff) lelldrbat id pr(. parandam fugan>; Quodcs enimhabefroscauratti cirprtflaai liciiaiDt ad qfum referri pcreft , non eft txibuendui caufr it- licitjrt & c r\ miriofXi vt per Text.in Ug.meruiff.pro/ic* tradic in terminjs Crateti.cc»/2o vtAiga; ope m ferret* te fociam itinecia prxbendo, nil magisoperari valeoc iftar Amorii ftgnificatro- nes } quim ipfc praetcnfus Amor » quo tanquam OracageOH mate infelix Vxor vfa fuit > vt propriae ineolumitati confule- rctiEtittrecurric refponHo* qudd ditolicito fine damnan- da non Tunc media ad ilium afsequendum ordinaca. . Prrtenrus quoque modus infidiufui > quo fug^fuir pr^parata* & executioni demandata per fomaiterum Viro« & Doaefti- CIS propinatum , quatentis probaretur. prout nullo mo« do tuic in Proceffu probatus > pr^Wer cc quidem fugs indi- cium, fed non etiam Adulterij* duo hsec oon fuit ad illud prcordinarai fed ad cfTugjendum vicje periculum > cui niicis improuidd fe vxor commi(iflec>ni6 iacentcm Tecum inlei^o Virum fopore oppreftum tAdtt elTetiveletiamiaiem com- moditatem procurafTet . Zelotipta in aliquibus Hpiftolis patefaAa , eft qaidem fignoioj Amoris > toxr^ illud Poets -- ^es eft follkiti plms tim»ris Am»r .. fed quoties, vt didum eft> Amor fuit ad licicum fi- A 8 ncm [cLxxvn] nemflmulatus> potuitctiamadillom fingcndum admifceti oftcntatio zelotipiae ad eumdetn fincm tcndcnsf captandae bencuolentiaBjvr voci compos euaderet ; Ex quo propferei fimularoAmorCf 6c confidis ciusfignisargai non pored > quod difceffus fimultancus a domo Viri»& aifociatio per Ion- gum icer prctenH Adultetij probationem inducar , cu(n_i etiam in cafu intercedentis veri rcc^iproci AmoMS fcruati^ fueritcoocineotiai quod ccrt$ magis difficile eft. Ne applicaotur adduftaeaaftoriratcs per O. Dcfenforcm in §. Aceedii ^jmod: Quia Textut iu l^ConfcnOt^. Vir quoejut C. d< fr^MifTocedicinniultcreabrqueiufla>8e probabilicaufaper- nodanteexiradofflum Vifi eo inuitOi vt con(tac rx vcrbif ciufdemquae difpoGtioeafu i noftro non adaptatur, dum mi- ferima Vxor difcefnc i domo Viri, & ad Patrios Lares fe coa- culiCj vi vitae pericalum ^quod (ibi imminere rimebar tt-flpu- geret , Se itadumcx iufta> & probabiiicaufa id egit , pr^fdti Tcxtuscenfurapotiusretorqueturj&icaeciam fuam attercio* oem explicat Fann» to (ontrarium addulius qutft. ij6. nitm^ l82.tbi -'Se(us § cum caitCafubdens, quod fala ptraoSlatio noti probat fiitprum > quia pott ft dart cajus a quod Vxor pernoltauerii etiam cum Viris > & tamt» Matrimonif fidtm non U ferity ^ op* timi Crauett, cittCaa/l to^.oum. ii. verf.i, pr;acipatfter cea- /Idiyotq^x poffihtilus cum veriflcccur in cafu quoque noflro not) poceAcx fuga t Sc aflfbctatione in itinere ad Raem con* fulcftdi propria: indemQiciti defumi pr«fuaipcio fcquuti Adultcrfj. Mtttua dcofculatio in itinere non leuem przberec violatr pudi cltUe prcfuxnptioneniiquatenus probarecur , fed oitnis fluxa cA probtftio refultans ex di&o vnius viliifinni Teftis prorfus inuerifimiiia dcponentis * quod fciiicec dum Currum volan* tem vulg6 Caleff) citaco cucAi ducebac i vidcrit Francifcam j Pompiliam > & Canonicum fe inuiccmdeofcul antes; Quam animofa fit b^cdepofitjO} ex eoconOar» quod refpicitfadum nodutaum* fir qufdem mofflcntaneum, & cran/itorium nulla reddtta cattle fciencix , quod Luna luceret > vel aiiud artiH- ciate tatDencoaimod'MceiDprxbuerit illud yfidendi i vt tra- dunt Sur/af nnft j4« «tf«*. 6. Barinae. de Te3it, q, 66- 0«w. iS.Giuri.cffv/. Crig,, jj.mum. 41. P9lld9r.Rip.de hoU. temp, cap* [cijtxvm] cap. 5 7. num. 7. D. Canonic. Kaynal, torn, i. cap, 1 1. §• 8.4re6 potiiisincredibilitassquoddu TeAis intentuscratduccndoCurriculociim eximia veloci- tate volatum i(ntcante»vt deponit alius TeOis potueric retio- fpicerC) & mutoxdeofculatioaisaduin iriderciqux intierin- militttdo fidena adimic nedum vnijfed pluribus tcftibus> vt in cclebri Perufina Laudi relara per Vermigl. cowfiynum./^, conliderara iofuper poiTlbilirace » quod ex velociflTtmo curfu potueric contig(;re colliHo mancntium ia Curriculo, & ex ea crcdiderit Teftii nimiscuriofus.quod ipfl fe inuicem dco- fculareatur* cumrcirera mere cafualis eflfec approxitnatio vtriufque capitis > vel faciei non ad iinpudica ofcoJa libanda prxordinatai quoties autem lifius trahipoteftad bonuniivei malum futnendaj fenper eft prxfutnptio mali exclufiua , vt monet Altx.conf. \x%. lib. 4. Cruuett.eitata conf, 205. num. 9. <> yr^^. Atque idco mcritd hsc prasfumptio ex defedu probacionis fpreta fuic in di^a relatiooe Caufae iupcr fuga > qux cxcero quin fpernenda non erai. NuUumquefomencum tccipere vaiec nimis inuerifitnilis » & animofi di quae cariora fi bi fore proficetur} fi ver^ a Canonico tradira fuifreat<& de- cids centics miliies eidem trasmittic) non eaim exind^ infer- rur^quodarrepta commoditatemutua deofculatio condgeric cum ifta (int verba officiofa, &captaforia prolata ad fineitu alliciendii quxobligationeai nonpariunci vt firmac Decia». conf. 5 5.00m. i^.Paris conf, 89. «um,x'j.C»rn,conf.i%tf. num. 3' & fi^^' Laderc. eoftf. toi. num. i.(^ %. Qea. dt/eript. pri- uat.lib, ^.deEpifi. num. 13. ^ 14. eiufque proptcrea exe- curionis prazfumptionem non inducunc>maxiaae cum eadem FranCifca pluries Canonicixn monueric ) vtmodcftiaouf fcruarct, & dum eius fines ipfom transgreflumfuifle coon pe- tit fibi rranfmiiccndo Carmina pariim honeRa 1 eumdem ob- iurgauit > ne in poftcrum audax euadeiec fuum defiderium.* infinuando, quod longe difiatab impura cuptdicate iliius ofcula recipicndi in ditila EpKiola of^iosd , fltcitra iotcntio- nem rnatronakm pudorcm jcmcrandi Cicpofita^ VAis quoque veftjuro Laicaliom , quibus repertusfuit indutus Ca* [CLXXIX] Canoflictis nuUam pr»b«rc vikt indicium, quia cum ooa-i clfet Stcerdos > vetirosdici non poterat in itincre » fuitqucj adbonum finem forfao ordinatus fe ccla(idi,dr auerrcndi (candaluoiaquodconccpi potui(Tct videndo perfonam Ec- cUfiafiican; cummuiicrc fioridar artatis > & vt audiui noaj (pcrncndc famaf itSf ftcientem abfqoc alrerius faeminar , vcl famuli comitatu, Adeoque nao appjicatur auAoritas Afanb, Sanf'dere trtmit, c»m$.i I. num. 3 1. quia in cius cafu nulla^ i'oncarrebat caufa, proprer quam Clerirusiveftibus indcceo- tibui > U armit inOru(ftus iocedcrer, & repertus fuerat a Vi- ro >vel ioipfa turpiiudine % vcJ in prcparatoriis ad illam » & illicd interfcAut fuerar aqaocafu Adtijrcn'i prxfumptinnts htni admittuntur ad minpcndao* pfDain>& ad bunc cffci^ipm ab eodem Au^ore cumulaprur . Condormitio tandem in codcm le^o, vel falcem in eodem Cu> bjculo in Hofpitio Caftri nou} non fuit in connderatione ha- bits in di^St rcla'ione Caufat fupcr fogacx detenu probaiio. nil a«gaia qeippe im h Francika Pompllia. & lolum Cano- nicus ingenud fa^us eft^quodpaiumperquieoit in alio lea o in eodem Cobiculo mancni^t r«c breuii mora in codcm eft ad deh^um crabeodaidum ttibai debet cuftodiac fufcept^d. Francifcar icai foeium itineris fe praebnii.ar pioptcrci rene* bitor cam cuftodire tn^aliquid mali ipfi cnentrerj Quociri aurema^ViCXcaofaliciMgeAusdicipoteft, ceflac furpkio mali 9 vt in pr^ciHi ft rifiini? monet Cranru d, cenfl 205^ «. 9><$'Aff* v^'fMT'W. /$*«^f^yf»Od tiH^^^iotem parteti.. fempereft habenda interpetritio,qo»inuii ri|orefa yid^itiir fortiot fubdens uum.tt.er a >« non fufficeie ad pienam pio- bationcm Adultrrii >quod quis vifus fuerir folus cum foia & nudua cum mtda ^ u qDP4 iuuenis fucrit imientus in cubi* culoclaufocum muliere difpedoririis « 8r c^ljgis foiutisi quia h«c poflTunc eflTe mera pr«par«oria» quotient icrfminalio teragiiur < Adedquipipuhft miousciuk prat/uinpiio Infiirge- re \)Oti^tt farcwi mora fa 9^m G(fbjff,z2z»aam. i^& tfuefi, 51 num* i^'& fiq^' E% his cum exclufa) & pxoitiis elifa remaneac probatio praetenS Adulteriji curandum non eA> quod D.Guido in confe fed ipfofmec focrosiquae confeffio fcindi oon poreft, faltem adeffe^um irrogandi penam ordinatiam ; vltra quod enim non defuntmagni noroinis Dolores etiam ad hoc qua* litatcm confelfioni adie(5iam rei/ciendam cfleafUrmaoces > <3e pre alijs Bartol' in L»4tirelius § idem ijudfiuit ff,df liber tau. » quem fecnti fimt Bald,i\. At/i^ierictnum.-j^. de /«- 4/ii. vbialijs relatisde magiscommuni te&i.Kax Angel de ma- lef. vcrb.ComparueruHt d.d,l»qutfit% t5'C.»um.primo , Poller, in fraif.Crim.verb, & J? cou/ltebuamr par, i.»umer.^6, B»^.traff„ Crim^titJe coiifeJllnHm,l9*s\ii quod in hoc Bartolus eft corn- mu- [ctxxxij nuniter approbatoSi Minocb, de arhttr,eaf.9^.uam,^-j,vti de fommuah Clar.in jftaftS- fim- ^ti*fi. 55» vrf PoflTet qooquo reuS) vbi reprobacis contrarijs, banc dicit magis comma nem opioJoncm, 8f ab ca in iudicando non cfTe rccedendum , Pii- cijinJe prebatMb.primo c»p,zs,ttum. i^.G utter, qu/ffi, ig.numtr. 33'& 34 S^ad.e0a/.io9->"tm.ziMb i,CencioL verb, confeffbre- fel.2^.i>uiM.primti &/eq,Vermigl'ioLcottJil*i3Z, num. 6.&co»f^ Huiudnodihonoriscaufanon Temper prodeft pro vitanda vki- mifuppliciipaeoaf led tone folum, quando vindi rcmaneret ex ipfa fola Rei afTenione^ quo nihil abfurdius ex- cogitari poicftt Cxteriim noo eft admittenda opinioiquod probato etiam Adul- terioliceatMarjtovxorem Adolteram ex interuallo interB- cere abfque ineurfu poenx Capitalist cum cam reprobent gra- uiiTimt Auifioresjvr prxter addodos in Infoimatione %,CdHri •uftfue aa §, Selumtjue, & io refponfione %, in lure videri pcffimt Bartot. in L, !.$• Cum ignur jf, de vi\ 8c vi armata > vbi di(Hn- gueodo inter iniuriam realem 1 & perfonalem firmat , qu6d quando loiuria eft perfoaalisi debet propulfari incontineoti > fi veto At reaJiS} poreft propulfari ex ioceruallo • Gomez, ad Ug.TaurtZz.num.^Z.^. Hem quia verf, ^eihtsnon ehpaati-' bus - ibi— ego teneocontrariam fenteutiam > imo ^aid Marit»s puaiaturpeena ordinaria deliifi tanqiam Homicida » nee pro- fttr hoc alt quo modo excufetur > quia lie re cemmifit Homi- cidiuat , nee pottft compenfare detiffum > vel effenfam prd» teritam > mfiin etcafUi quo oceiderit it flagranti Criminefiic* [CLXXXIl] & fiibrcqueofibus numeris rerpondet contrari/s fundamcnil* Btllon. da^Stquafiimtiacominenticap.b'i.Kttm.i'j.Gaill. pra^t ^ftru.Ub.t. olrleru.xoiMitm.^* vbi poftquara frmauit » quod Homicidium caufa honoris comra inum lit iicitu mate ImdU- ge autem banc falltatiam procedere fi iucoattuemi laiuna^ fttorqitMtur t feciis ft ex inttrualh hoc fiat t qkl ta/it talis temfi» magit ad indiilam , qudm iMnoris deftnfam fpefia^ ftt 1 & proind^ ratione Iniuriarum tenetur* J3^. tiu dt Hfimi" tid»»um,Z'j.MartJV0t,i o6,num,^i& 6, Multoque minims prxcendi valet, quod vindiAa, fuctit incontio nemi fumptai quia JMaritus flatintjac potuit»€om fuic execu- tusj ex au^oritacibtts addu^is per Dominum meuoi Paupe- rum Aduocatum S* j€qua quidem iumfeq.sh'i oftendere cona- tur) quod cum e0ec inerniis , vcl impatibus amis i icilic^ Eofe tamen viatorio infiru^us* aggredi nonpotuit vyorenLa aflbciatam a Canonico viro flrenuo, & audaci i ac folito in 0. milibtts delinquere) & arma falphurea geftante» & qui Te pro- ptum obtulerat pro defenfionc Amafiae moriiadciHo infuper « qiidd Vxor ftri^o in ipfumgladioirrupiCi Decern illatura> ni(i coercica fuiflTec a Birruartjs • Quoniam comipoditas occiden- diAdulreramnoneflitarumendai vt nex iiii vale^c infetci cum omni fecuricace) & abfquc vlio Uifcnaiino Ab hoc cnjoi omiiisabhorretluris Cenfura excufationemprf bens pro mi- nuenda poena > fi ea fequatur ex impecu inconfuiti dolon's>qui Maricum cogicad negtigendom propria vitxpericulam i vt illacamfibiex Adulterioiaiuriam vlcifcatur. Prima itaquej commoditasa OofiotibusconGderaraiVC Homicidiuoi dica- cur incontinent! patratum> inteliigi debet cum prioiutn fefe^ obtulit occafioj & in didam fumendiiexcu/ando iliiusdUa- lioncm, vcl propter abfcntiam, vcl propter alia miuOainc.iu'- fawij vr in cafuj Aiper qno fcr jpfit Matth.Sanfctntr. tz. In eo coim Adulterium commiHum ^uerat abfente viro « & vxoc anfugerar, itaut piiiis iplc fe vicifci non potuerit > vt cooftat ex ferie fadi rdata «um, r. & num,2B. concluGonem ita fta* tuic . l/aut excufentur , prafersm fi fiatim , ac ^a/sine » vw- diffAmfumpferint » cum $une inco»(i»eati tecidtjje videa— tur Quis autem affirmarc valcat* Maritum in cafti noftro primanu occa- [CLXXXIIl] occafionem ruRipfilTc^duin repeita wore in ipfo aAu fugx ia HorpmoCaftriNouiabfttnuit^vindifta faai, St ad iltaou* luris conuolaukiquam femperprorequucus fait i nioBicqoe ptofc6t6 ignauix fe accofaCi alTcrendo > qudd impar cfTec pro eaperficienda ob ferocem Caoonici naturamiquiadum ipfe rcpehebatur atxeftatosi pocerat in Vxorem irruere » nee qua- litas armoramipfum terrere debebac > quia ex dcfcripciono fiiaa in ProcelTu appatectqudd Enfem tantiim geAabac>adeo> qud paribus aroiiyerantinfiruQi) nee adeo proprix incolumi- taci coafulurffei^mulisbonoris reparandi fuilTec adatflus ad vindi^am furoeiidamcuaialiquoeciani illius difcrioiinx lu- fius enim dolor modum nefcit) fibique tmputare debet) fi fo- Ivsi & iaiparibus armis vxorem cum Aoiafio valido > & me- lius attnato vt timere potent fugiente infecucus fuit » ifteque modus infequutionit potiiis arguit eius animum fuiflc con- uerfuro ad vindidaoi luris pro lucro dotis captando , quinu ad vindi^iamfaiAi proreparando honore. Fa^um eoim Dpti. me oftenditiqualfs foertc aoimust vt per Text in L. i .S. fin.ff, dedoU traiuni GrammaU0tif.i3,n»m.2,df $^ detif. 57. «0M. 6.Maf(ard,de fr9hatMb prim9 eoficl.g^.oum, i,^ 2. Farinaca infragm, Qrim* fartt pnma liitera B. wrS, Aaimiu oumero Djlatioparitervindifiaepoftreditani vxoris ad domuoi pater* nam exdudit prxteofani qualitateiOj quod fuerit incontinen- ti fumpta quia pnus esequutionlmandarinon potuerit nam^ Iftecontigitdie la.Odiobrlsanniprteteriti ,& nex eideitu illacafuitrecuoda lanuarij prxfentis annijfie potiiis affirntan- duaieftexpeiSatumfuifle illius partuos fequututn die 18. DectfbriSiVtfocceflSoadquaoiMaricus inhiabat in tuto po- nerecur dum l^atim peflioiuoi confiiium vxoreno eiufque ge- nitores inmaoPcxcidio perdendi fuit executioni tradituni} vt ex combioatioQe tempotuiu facile er it dignofcere eaindeque etiamconflat quo animoilludperpetratum fuerit j &anpr6 afsertareparat'one le0 honoris viadida dici valeat incotinen- tirufcepta ideftcuai ptimutn coniiQoditas , & occafio feob- nilittuxtd in contrariumadda^$aurhoritatcs . E/e^a proindi vitidiifta luris per Carceracionem VxoriSiSe prz- tCflfi Amafi^t & profecutioaem cauHe Criininali^i licituon 00ft fuic [ciixxxiv] fuicad.vindklamfa^iregrediSeaniqae fttmendo dicj noiu pouiki qu6d iQcontinenti vltionem lufceperit* ft pubHcam-* ludiciji iadfupremi Principjs Maieflatem violauidqox Tola circumftantia valdd pcenam exafperat ,& delictum excollit * vc mooee Text An I. tjuod ait lex ^tfin^f, ad leg.Ivt. de Adulter. Angel, de makf. verf, Che bat adult-erato la, mia Dettna , «»«. ai.M/ffftfCumalijs relatis in prxierita informacione S. So' lamqae . Abfquc CO) quod appltcari valeant concIuHooes per D. meumj Paupcrum Aduocacum adduda; xnS-Bttantiim abe/i cum feq. &au3oricates illascomprobantes) quod Iniuria nonlprxfu- iracur a Mariro renii(ra» fed potiiis conn'nuatio aninii fe vlci- I'cendiprodicjonisexclufiua , licdc Maruus diflSmulationci vfos fuerit pro vindi^a fumendaiQuiaquapftfo in prxfencift^ noo eft fuper qualitate Homicidiji ex quo illud verd prodico- rittin praerendatur, nee Maritus laiuriam diffimulauitjfed t>o* tiiis eain propalautt,conuoIando ad vindi^am /urts , quae li- cecfoinin (it minus honcftattamendaiQei placuit* vcDotem lucrarecur>nonpo(uarua fpefruftratas, ob non probataoL* Adulteriuin>rea0uaiere vindi^am h^\y dilatioois excufacio- nero prxtendendo, qu6d fciljcct illam priiis esequi noa po> tucrir> Cum enim dilatto> 8e impediraentum prouenerit ex fa- fto proprio> non poteft ex ilio prsfidium excufarionis capta- re) iuxti regulam Tettt. in tap* Damuum de reguL lur. in 6, Jt0t.deci/.$^^.»»mere i^. parte ij.&deeiJ!ofte 6o9.0vmer.i2. far.i8.rrc. Sed vtcunquc eycufi nda cfTct Barbara ncx miferrimx vxori Tub ludice maneniii viroinffanteiac tliam deferente. illatai certi prorsiis ioexcufabile rcpurari debet Excidium Petrb & Vio- lantiS) quibus lic^ adapcare quoqae in confe(fione affcAaae- rh canfam honoris ob prxtenfam compliekatem tioi itifua- denda fugai quim in aflerta Vxoris inhooeftace} nulla tftnen huio$ quaUtatis probatio afFcrri poteft>iiec fllius vmbra ,vcl minima refuUat ex Proceffu foga?. Ac prorfus ionerifimilis , imo incredibills dctegitur ex fola confidcratiooc » quod nul- lacenijs confcnfifTct p. Abbas Franccfchinus Inquititi, & Rci confefsi Frater eorum cuftodix committj vxorem eiufdem sfi ali— [CLXXXV] aliqoam vcl ctiam IcuiTsimam fufpiciojieni d» compliciud habuifTer, duro adc6 aci iter honoris TCpararioni anh^Ubat^ qui plane conrenfus infcripKura Icalico idiomace pr6 notitiil faAi exaratanimisanimosenegacusper D. Pauperum Pro> curarorem profua eximiaingcnuitate adinittitor) negaado foluin>euni ad notitiam Miaiict pcrucnifle , vel folam fcien* tiam prarfunapcam eiufdeai jt Fifco praetendi pofle infercn* do Quzta men vitrei qudd eft vald^ probabiIis,& ex violenra ptX' iiimptione dedu^a> cumnimis verifimile Gt > quod i Fracro fueric cercior reddtrus de Vxoris egreffu d Monaftetio, etuf«> que collocatione in didomo cam obligatione fufcepca per eius Genicores alimeoca fubminiftrandi , fie maxitnidetefta^ pr«gnantia9 yt tradunt Gratian.difctft.for.eap.796' numer.iS* Crauett.fonfiUttiowm.frimo^ x. KetMdf, j^i.nnm S.farte xi.r«r(r»/.Inpra;renti aucem oonagitur de fcientiaMariti pro- banda} fed de inferenda ex didlo coafcnfu pr«rumpiiono excloOua prxcenOe complicitatis Petri > 3c Violantis in Vxo> ri$ iohooeftate oullo modo probata . Tantumque abeft vt ca probata dici valeat rcfpeAu Petri )Vt contrariumomniodconftccexeiusTeftamentocondiro do anno 1695. poftintrodudlamliteiA fuper fuppofitione Par* cuS) in quot canon obftante primo loco reliquic hjeredeiiL« vfufru<^uariam Violanrem vxorem, & poft cius obitum Fran* cifcam Pompiliam cum oncrehabirandi in Vrbe » & honefi^ viuendijvt apparet ex particula di&i Teftamenti data in pras' featiSummario num.^. in quoetiam afiferiti ipfaro honefte ba- Aenus fe gefsiflTei & ob eius bones mores legatum relinque- re vfusfrudlus profitctur. Adeourprorfus lacredibile deicga- tur> qodd ipfe viuens confpirare voluerit in eius inhonefta- cem* ^ qua mortoas quoque abhorruiCj earn in cafu iquo in- koneftam vitam duceret* ttliCto vfufroAa priuando > & hor- tando iocafu difToIutionisMarrimoni; ad religiofum babitum dfiumendum , telidto etiam ad huoc effe^tum piogai le- gato Prastenff vero complicitatis nulla m prxbere valet prxfuoi- ptioaem confideratio » quod iimulata praefen rationed epifiola;a Domino Canonico craafffliine flatim per Violan- fCOl [CLXXXVl] tcm pifx^siCtx fucrint fores occiforibuj, ex qua fjcilifatc , 4c crcdulitiite argucre coasatur Ooniiini Oefcafores , quo4ipfi nOD effct invifum oomen Amafij, & ita nee eius coquerfatio cumFrancifca Pompi/ia. Quoniamcutn Ipfcfuerit Author Ji- berationiseiufdcmipcricqio mo«i$ cami Domo Viri ad Patiios lares traduccndo ncgledlo proprio difcriininc mirum vidcri noo debet, quod gratianiroi figniffcationem pro col- latofiiiacbcneficioconferuarert&patefacecec nee esindeia^ ferri valet coofenfus inhoncAati quiitnmuniscracpr^teritai correfpondcntia , inultoque magisde tempore quo ip(e ab> fens rcperiebatur } & in Ciuitate Vecularelegatus . Vera igiturCaufa> propter quamipfisquo^uc nex iliata fuit» alia effe non potuit, quikm odiudit quo Man'tiS exarferar ob intcQCataiD litem ruppo(itionisPartu$ fpetneludentispinguem dotero,& ruccer$ionem afTequendj, 8t defideriuoi vltioois pro fcripturis promulgatisoccanoned. Litii procpouendae luper angudia rei familiaiiS) & pefsiniis crat^acionibus in dooio vi- ri reccptis, quae nullacenus excufacd poeaa prxmeditati Ex- cidij,quinimd iliam exatperativtpoc^ ipruoi extollcns ad Cri- men IsCx Maie(}aci$, ex nota difpofitione Conftitution is Ale- xandrinaT) vc probatura fuic in praeceriia informatipne §. M» (edit ad exafperandam . Pro cuius faiK^ionist Sc difpontioois Bannimenralis eidem con- formis cenfura efFugienda,fru(ira recurritur 9d excufationem dcfuaiptamcxruperuenta prouocatiooC) iuxta deciHonetru Sac.Rocx relatam pofl eoftf.ej'FarinAd quoque adnitteotis » Eaquippequaccniis refultare prxcenditur ex confiiio prsfti- to pro fuga , & complicitate in eadem ^ vlcra quod eius pro- batio vnicd defumitur ex aiTcrta Epidola per Francifcatn^ Potnpiliam fcripca D.Abbaci Francekhino coties reieda > & ab ipfo quoque fprera > dum in ProcefTu fuper fuga fabrica- te nulla repericur indantia > vt contra Petrum> Sc Violantem procQderetur pro pr^cenfa inftigatione 1 longe pratcefCu U. lem motam fuper fuppoHtione Partus 1 & refcilKpne inflru- pientf dotai'S j adeoque prouocationem exclufiuaro cauf«e li- tii paterenon vaJet , qua; vlterius debet effe vera » & non^ affcAacat & deliifio patrato correrpondens> vt firmant Blaac, ie litdic^ftum.i^'i , ^ fcqutn. Vutptll. eonf.Q^, »um'%, FarinaCf { CLXXXVIl] aa./i*.j.V/r vc po^affedata - Alia quoquclis inrentata notune FrancifcK pompilic foper fe> paraciooe Thori * fruftra enicari prartcndirur ob aflertam nul - litatem roontcorij) qm'aexeqotttum fuerit contra D. ifbba> tern Fraacefchinnm mandaco Procur« carentem ; nam iliud erat ampIiHimum ad )ites>vt ex eius cenore rdaco I'o prsfcn- ti S*mM.»aw.6. conftac i & ira tndoAa lire per CDonitoriuaLj» vt pet Glof, ittClemf.i.verh.Wenii vt lit. pe»deti,/(rmat. Rom coram Buratt.deeir'tog.uHtn t.<^ 5. verfamur in rcrminis ^Ic^ sandrin^ Conftituciomsj&difpofitioms Bannimentalis edic{ contra oifendentesex caufa lirisi Non releuante rerponfione tradita per D.Procuratorem Paaperum in$^« etiamaptan sur 1 quod ) confliro de inhoneftate Vxorts > permictenda^ non fitimpunitasablrafflaritifua'n inturiam vlcifceotis,per introdu^ionem litis fuper feparatione Thori » ncc dici valeat Homicidium pro rcparatione honoris cooimiflum > in odium litis pacratum . Qooniam fuppooit) id quod eft in qu;Oione« probatam fcilic^t Vxoris inhoocftacero • C\iiu% probario proN fus deficit > & ad fummum procederc pofTet* H ftatim patra- loadultcrioVxor in(}iciierat ludicium fuper feparacione Tho- ri ifeciis dumiWud intentatiit poftelcdama marito viaa.* vindj£t( loris > criminalitcr agendo pro pr^tenro adulcerio,& pro lucro dotts ) & poftquam eius fpe fruftratus cenian^t) dum ex Proceiru nulla refultant iilius indicia t iraurpoftex afperatum virianifflum propria incolumiraci confutere lici- tum ei effedebebat , remediumfeparacionis Tbori imploran- do» quo ludicio pendente nex eidem illata poenis per Ale> xaudrinam , & Bannimentalem fan(f)iones ioflidts fit omnino expianda cuius ecism difpofitio applicator dum Vxori nex illata fuicpendeoceadhuc caufa Criminali contra ipfatq per roaricum inftru^la fuper prctenfo adulten'o cum Jidla Con- ftitutio lites tdin Ciuiles quam Criminales comprxheadat vt conftat ex eius Ic^ora . Coa- [crxxxviiij Cojilaaatiopattter Atmatomin, eoriimqueUo Vrbem introdii* Ah pro fccartus patr^do totias Famili^ excidio dcltdum cs- tolliud L«r« Maieftatis crimem St poen^exafpcrandaiofua* iict>vc firiDatum fuic in prxteritaieaqinoacoitaturexrefpon* fionibua tradicisileb potibs repetitis per DD.Ocf<:n^ores^ 8t praefertiin qu^d com dcIiAum principale perpctratum tocric ex caufa hooorisi ficuri propter Hlam locum noa babet ordi- ordinaria pcani tcgifCornaii^de Sicarjftt ica oec irrogari va- leat poena procoadunatione per Confticuriones Apoftolicas, & gcneralia fiaaoinenta iafli<^a i qoiaconfanditur cum poe- na delist' principalis) quod eft vnicdateendendum , cuoiaoi* mtiS) atqiie propofirum malcficia diftingaac > vt iirmacur iiu voto trium Sac.Rour Audicoruoi BUmebettit Orani , ^ CoeM iclato pQ^fecundnm vol. couf, FarimueJecS i. Quoniam fru- ftranea euadcrct dirpoficio diAx Conftituiioois , ScBanni* mentorom fi poena coadunalioois ceflfarett quotiis fa^a efllec ad patranduinaliquod dcli^um roittori poena puniendumi Si eaim^ vtaduertit Far$ft.^u.ji}.aii.i60' & ex eo repetic SpaJ, t9nf.% j,«« 39Mi.t. t' Bulla habet locum etiam > quanUocoo- uocantor homines ad arma in cafu licito»8e ad bonum Gaemt quia per illam Summu«Pontifex confulerc voluit publicjefe- curttati>& refracnare audacia (ibide fiidoIardicenciumD.Defenrores} quod con- fundirur cum delicto principaliiadeouc maior poena nequeac pro Ulo imponit quam ipfum delicflum promereacur ; Naoo vlcra qu6d tali confu/ioni poenam bannimenraleoi abforben- ti repugnant fupra tradica refpeAu Coadunationis , & eon- trariiim firmanc Ooi^tores addui^i in prfterita ref^ronfione §. Nee detationist & in contrarium alUti procedere pofTunc quotfds ag'Cur de infuiciii vel homicidi'o in rixa purato » vel ad propriara dcFenfionenii a ut ex caufa honoris inconrinenti reparanditin quibus termmis loquitur Matth. Sunn, dert^ Cr%m,difi.c»ntr»m. 1 1.1001.46. Cedar in ca(u no/)ro dilicultas ex clara difpofitione Bannimencoruaa explicit^ declirantiuni) & iubentfuni) quod poena delac'onis araoruinnon confurn- datur cum pcena dcli^i cum xWii coinaiifn > pro qua vicaada oon videcur lufSciens refponfio ttz^xt^ per O. Pauperum procuracorcfn >qu6dcuni ilia recipiant ioterpraecationent^ paflltuam \ lure communit cuius (kn^iooe infpe^a trnicuoL* delitSum confideracur praepaJatio » & delacio armorain ad ef- fetftuoi patrandi cuna ipfis homicidiaait feciisli afna defe» rantur [cxc] ranturnon ad milum Raem, & demih cam iffi's allqiiod deli" Aum committatur ; Quoniam nimis arperutn foreci <]u6d, maiorcm pcenara patcretorarma deferens norjad malum fi- ncnij ^dcinde cuoi illis delinquenst ({akm eadctn pri\n- taosaddelinqurrnduro, ficetiatn adhuflc effcaum deferens, Itauc nanquam talcm tnterpr^ttarionctn rccipcre valeafic Bannimeora) quibusi dum vctita fuit delario armorum vtpo- tdpcrojciofa , & occafionem delinquenffi praebcns, multo magis prohibita.Sc rigorofa poena picftcnda exiftimari dcbcr delatio ad delinqucndmn ordinjiti ina;(inie atccnta decla* racionc, qiiod dclifla non confundaatur , Supereft candem alia qualitas fumoioperd delidum aggrauans* violatio fcilicet domos aflignarx pro Catcere cum confeafa p. AbbatisFrancefchini . Ablquc eo quod allcgart valeac ignoranna hutuscircumOanti£>du(Qindi8c commifTa omniaioda follicitudo buius dofxydavn ab Vrbe dilcefliri itaut prorstis iocredjbtle (ic^quod non fucritab co 4c re tam rcleuanri ccr- tior reddicuS) & quoad difcrimen inter violarionem publici CarceriS) & fimplicis cuflodic in domo Tub fideiufroribus«& licitam in co quoque oifen(ionem ex cauTa ho noris. faris fiu'e in pra;terita refpoorum §. J^uibut accedit cumfe(\uent. ■> quod cadem vtriufqjeftratioicum in vrroquc deten (us maneat Tub protedlione principis cuius proindd maicflas Ixdiiur, & quod excufatio procedercc , (i agatur de propulfanda iniuria incarcereillaca, &in his termints loquuntur authoritatcs per D.D.Oefearores addutfis > vcconftare poteft ex illaruni lecognicionc. Cum ergo in prxfenti toe grauifHrn^ concurrant qualitates de- li^um extollentcst propter qiias D. meus Pauperuna Aduo- catus poena exafperandam cfle admiccic in §. Agnofcit Fi/e»st & talis esafperatio non ni(i de poena Capicali verificari po{^ (irinam aliis folum Homicidiu Vxoriscxioteruallo patratii quateniis etia probatu fuiffet Adutteriu>qnod incafu noftro nullateniis fiiit probatura^iuxra mitiorem fententia vnica ex- pofccre poffet ininorationS faiis affcrta.* k contrari/s vindi- €«ra diet debec luftitiaDccretiproTormento vigili£,itautac. ccdcntc [cxci] cedeitte confcflione proctotifadnoris cxpiatione condigna poena infereada lemaDcac. Quare &c. loiBaptifta Bottinius Fifci,& R.C. A* Aduocatus - [cxcii] llluftrifs. ^Reuerendifs,'OttO Vrbis GVBERNATOR.E In Criminalibus Romana Homicidiorum cum qualitate . ^ 11 O Filco* C O N r 121 9/t D.Guidum Francefchinum, & Socios • V^plicatio lurh D.Aduocati Fifcaliu I - I i > ROIV1i£ , Typis K. Cam.Apofi.id^S, [cxciv] Romana Homicidiorum cum qualitate. Ill "^ Dnr T*\^d"***P"^' "»«""» PawpworaAduo- ***• l-^'llC JL^ catura ad dcfcnfam DGuidonis Fran- cefcbini inquificide tribus homicidijs cum grauiflimis qua- licacibus eadem extoUeotibus foadere noi> valenti Ipfum non tffc ordinaria poena legis Cornelia: de Sicar. pleftendum > quatenbs de illis confeflfus rcperiretur > & habenda fuper ijs vericate relitfto tormento vigilis > {implicem torturam eflo irrogandam, vc fingulis refpondendoiquantum maxima cem- poris anguftia pacitur> Fifci partes, vt mei muneris ratio po« flulat) &criminis atrocicas , & immanrtas expofcit j cuendo» oftendere conabor . Praecipuum itaque Domini mei afTiimpmrn connnic'io parifi- candocafu viaAi&x incontinenci per Maritum fumptx cum nece Adulters? in turpicudine deprxhenfa; > ac eu interuallo capta?, quoties de adulterio Vxor conuifta repcrirur , vt ve- rificari prstendit in cafu noftro* fed illud thm in faAo^quimi in lure corruic* ccideo illacio ex eadem parirate defumpta pro nioderatione poena? pariter infub/iflens dctegitur. In fatflo fiquidcm prorsiis deficit probatio prsctcnfi adultcrijex late deduftis in alia mca Informatione , in qua fingulas eius prxfumptiones, fcii potitis furpicionesex Proccflu j ad quem relatiue fe habet D. meus , relultanres confutaiu« oftenden- do» fugam arrcptam per vxorem in focietatc D>Canonici CaponScchi pr«tenfi Amafij ex legitima caiifa , imminens vitje pcriculum, quod ipfa timebat , non ex illicito libidinis impulfu proccflifle, quod vtiquefuadere debet participatio, ct complicitas in eadem promoucnda D. Canonici dc Co- !nitibus,et D.Gregorij Guillichini affinium Inquifiti, quod vtique non prafftitiflenc » fi malum finem violandae fidei con- iugaiis in ipforum quoque dcdccus cefliflTct , fed quia bene agnofcebant rcmcdij necefTitatem , illudquc periculo vaca- re , vt deponit Tcftis fifcalis dc auditu a D. Gregorio in co- dcm Proceflu fuper fuga , ci quoque ad executioncroperdu- cendafuamopcramadmifcucrunt. Non releuantc , quod in Decrcto condcmnationis ciuidcrtu "* A D. Ca- [cxcv] D. Canonic! ad rclcgatiotieos in Ciuitate vetula infcriptus fuerit titiiltis carnalis cognitionis , qtjia » vt ftiic prxuenciue refponfum > dcmandata fuic illiusmoderatio > ec fubrogatio gcneralis ticuli ad Proceflum rclatiui> cecum ex ProcefTu cius indicia non refultenc , vcl ex defenfionibus >quas infe- lix Vxor cum (implici cautione de habendo Domum pro Carcere dimiffa) facere pocuifTet , nifi ade6 immanirer neca- ta fuifTcC) cum d. decreiam fuerit emanatum ca non vocata > neque audita j prorslis elifa remanfilTec > {infcriptio fa^a per ludicem poenes ada de titulo detidi eius ream efficere non^ valait) fed veriras fa^i ex probationibus reluUaas eft attcn- denda» vt per Tex.in Ifamoji §. hoc auum trimtnff.adl.liil. MMtft. tradunt Mafirill. de indult- gentr* tap. 29. num. 19. 'ver/.^.confirmatur Fraac. deci/.^^o. num.6, ihlqut Vijiont. i» addit. Reuerendift.Verulan.ad Status. Fautntin.lib.^.riAr, C4. num.i/^. Fateor quideroaliquaexcufationedignum exiftimandum fore D. Inquifitum) H Vxorem in a cum ad hunc efFeiflum nedum Veritas > fedeiiam fufpicio patrati aduiterij fulliciat> vt eKglo/.in l.Diuus Adrianus in figuratione Cafus ff. adleg> Pompon. deParicid.ttid'nD.meust fed dum negledio prx- tenfo lure priaarx viiidi(%x » publicam implorauic »illam ar- redari faciendo 1 vtique ampliiis non potcrat ea manento fub publics ludicis poteftate priuatam vindi^am fumcreil- )am crucidandonil tale timentemi fufpicio fiquidem iuftido* loris cxcitatiua, quern tcmperare difficile eft* cxculat i. quanco, H non a toto, quoiies ex inconfulto impetu irx Ma- rkus vltionem incontinenti fumit > non etiam quando ex in- teruallo , ct caufa fub ludicc manente i atque Vxore ad ip- Cms inflanciam carcerata id prxftat > vt inttk probabitur > of^endendo irreleuantiam principalis affumpti . Neque obftat Glajf.in alleg. Text. inUDiuus Adrianu/t quiaj loquitur de filio in flagranti aduleerio cum Nouerca per Pa- trem deprxhcnfo > et non ex interuallo per Partem interfc- &0-, vcquampiurimis rchtisGcmitFarinaec.con/.i/^2. n.i6. & longe diuerfa eft ratio inter Patrem» et Maritum ex intcr- uallo occidcntem^ quia vt fubdit ihi Varinacc.num 17. Pa- ter habet in filium maximam potedatem , etantiquo Juro po^crac etiam ilium occiderc ; quam certe non habei Man. tus [cxcvi] tas > acetlam lex facilitis Patrem excufat > quia fempet praefumicur,quod capiat bonum confilium profiJio cz in. fiin^u Pacerni amori$ , quam confidentiam non habctde Viro, qui facllior cffefoict ad concipiendam iniuftam (uf- picionem de Vxorc > atque ideo permitiendutn non eft , quod fola fufpicione poffit illamcx intcruallo necarc ,ncc eft ob earn nullo modo excufandus , vt confiderara ratio- ne addu^a per ttx. in L nee in eaf. ad leg. lul. de Adul- ter. --quiapiefasPaterm amoris plerumquf Con/Hium pro Itberis capit > Mariti verecahr > ^impetus faeil^fauien- tisfttit refrenandus — tradunt Cmarr. in tit, de tipanfal, ^ matrim. z,par. $.7. num. 2. vtrf. licuit , Decian. tralf, erimin.cap.i%,num.iH, in fin.Cabzll.refol. crimin, ea/.^on. num 2 T. Quod adeo verum eft, vt non alias Pater cxcufetur ni(i vna_> cum adulteroipfa filia occidatur , veJ laethaliter vu^ncre- retur ; vt fatopotiiisaquam pateina; indulgentix mortem cfFugifTe , tribuendum fit > tdque non alia rationc per Le- glslatores indu<5lura eft, nifi quia talis dolor ad iraflnL> Inconfultam prouocans ad cxcufandum Patrera requiri- turvt propria; fiJix non parcat, quod cum Statutum noti-r legatur per leges de Marico loqueetes, manifefta detegi- tur difparitas inter vtrumque obnimiam facilitatemiuipi- cionem concipiendi, & contr^ Vxorcm infieuiendi . Sdknique fufpicionem non fuflicere ad hoc vt mrnuatur poe- na Marito ex interuallo Vxorcm occidenti conft» ex ipfis authorltatibus ilium in tali cafu excufantibus , quatenus adulterium fit probatum , vel per confeflfioncs Vxoris > vel alijs probationlbus t Itaut de illo conui^a dici valeat , vt tradunt Mafiard.de probat.conel.6/^.num.Z. ^ 9. Ber- tazz. conf.crimi 4 z . num. 1 0. Caball. rtfol. crim.^ d ea/.^ 00. num.26, ibi — Fidt in contingentiafaSfi ohferuari , & exr cufari maritum quiVxoreminterfeeerat adulter am , non^ tamen in alfibus venfi-eis repertam , fid talem vere , & realiter exifientem , & hoc apemf^mi prokato - Vnde ma- mi«ftum redditur ex ipfis authorit«lbu$ pet D. meutiu addu quem ipfe adiuerat, mancnce . A In [cxcviij Inlurequoquc inrubfiftens detegitur aflfumptum parificans vindidamfumpcaraincontiocnti, in adlu fcilicec depraj- heafionis in adulterio , vcl in praeparatorijs proximis Ic- gtcimaai fufpicioneni eiufdeoi inducentibus » & ex inter- uallo 1 quoties de illo conftat > & eo quidetn probatioaum genere » quod adulceriuoi aperiilfiinuiii reddat . Licdc enim non define quamplures DoAores pxaam oimuen- dam fuadenccs ex addudla per fpfos raeione j quod Cau< fa honoris femper vrget, & ad vindiAam prouocat> & quod facts dicicur in adulterio deprashenfa Mulierde illo confef!a> vel conuidla. plena manu congefti per D.oieuoit & quorum aliquo movipfe indicaui; Tamen contrarian opinio eft verior , & in praxi recepta > de qua teftantur infignes pra»aicinoflri(emporis> &in re criminali Peri- tiffimi, fcilicec Farinaccdillxonf.in^n. , vbi concludic fc ica indubicanter de iurecredere > confulens ita tenendum eflfe nifi errare velimus , diferte priijrs refpondendo racio- nibus> &auchoricacibasin conrrarium addu(fiis i & D. Canon. Rainald. qui eciam Procuratorts Pauperum mu- nus fumma cum laude expleuic , & ideo credi poteft quod ad pietatemi & commiTeracione fucrit fummopere procli- uis 1 & ex folo vericatis feAand^ Audio hutc opinion! ad- haeferitt quam veriorcm appcllac , & magis Reipublicae proficuam) nee ab ea in iudicando recedendum elTeiVC cra- dle infuts ob/eruaf.crimtt,eap.z.S.^.num. 155.^ cap.7. in ruhr.num. 118. &feqq. Sed quacenus etiam confliiftus autboricatum poffet aliquo modo Inquifico fufFragare pro minuenda poena > fi folus excefliis in tempore concorrerec > prorsus camen in excu- fabilis exiftimandus eft > iraut non valeac poenam ordina- riam efFugere > dum tot qualicares delidium excollences concur^unt^ quarum vnaquasquede perfe poena mortis ple«^enda eftec . In primisquippeconfidcrari ad hunc effedum meretur coa- dunacio Armatorum perniciofifi^mum publics quieti de- li(ftum conuenticuije conftituens, in fiannimencis cap*82« datnnacum pcena vlcimi ftipplicii rerpe(^u authoris cunu declaratione, quod fuificiatquacuor Armatosfuifle con- gregatos ad ilJam conftituendam > quae pri^s fuerat Tub eadem [cxcviii] eadem pcena prohibita per Con/lit. yS' foi.rec.SixtiV. ca extoUendo ad crimen rebellionis>e2c quacumque cau- la ficrctj vt late probac Spad.conf.z'^.pertef. lib.pritno, af- fercns iljam cGTc gcncraliter iotelligcndain in omnibus caHbus, in quibus prohibita coadunacio Revet . Pro quo effagieado, vel capicaii poena euadcnda > non rele- uac excufatio 1 quod I'tcitum fit Marito eciam coadunaris Acmatis adulteram Vxorem occidere . Quidquid cnim^ fit quocids Mariius vulc occidere Vxorem in Adulcerio deprxhenfami quia timere poteft ,quod Adulter artnatus ei reR&ete vaieacj &forfanhabeac in fui auxilium famu-> loS] quo cal'u cum alicer vindi(5iam exequi non valcac« quamauxiliatores conuocandoj vc monet CabaJl.diii.caf. joo.0»/».58.(> 59. vtiqueincafu v'mdi&x fumprsexia- tcruallo} manence Vxorcfub poreftace ludicis > ^ vigen- te folafufpicione adulcerij) permiila nuUateniis dici po- teft conuocatio armatorurocum ConAic. fxl. rec. Sixci V* inter ipfius imprefliis 7 j. calcm coadunationem prohibeac ctiam in cafu licito > vrpoc^ publics quictis turbatiuam > vtdiflerce probac S^4 Coofli- tU(ioms>quain dtfpofitionisBannimentalis expiandajdum ad finem illicicum t acque damnatumfa<5ta fuic * fcilicec occidendi Vxorem) & cutn ea Socerum> & Soceramjquod TnanifeAum reddicur ex aflertione Do«aorum excufan- rium a poena ordinaria Maritum ex intcruallo fe vlcifcn- tcm i & lane nimis ampla ftruerctur Mt^ priuatc vindi(S« legibus exoije > fi poftquam Maritus elegic viam vinditftae Iuris> & neglcxic prattenfam iniuriam vlcifci in adu de- praeheniionis Vxorisin fugacum prxtenfo Amafioi cxcu- ianduseHTec illam coadunacis Armacis cum oroni fecuci- rare ex iaceruallo fumendo » incautam occidendo Tub po- teftate ludicis manenicm abfque vllo proptio periculo . Abfque CO quod fuiftagari poff t rcfponfio » quod in tantum neglexic priuatam vindi^m fumere, quia erac inerraisj& Vxor rcpcriebatur in Socictatc D.Canonici Viri audacis. & validi i Quoniam libi imputare debet Maritus fi Vxo- rem cum Amalio fugicnt5 folus, & inetmis fuir perfcquu- CMs ; Tunc cnira poterac mcliori iure Socios aflumerc, & A 3 arma- [cxcix] armatus earn perfequi « & In tall cafu coaduntcio fatfan elTec aliquo modo excufabilis » non eiiam ad fumeodaai ex intejr- uallo adeo immanem vindi^am ; Quinimo confideran ra- cione , propter quam Maricus adulter um» vci Vxorem occi- dens mitiori pxna punitur iuxta qualitateoi perfonarum > ft vlcro in ipfo adu fequatur> fcilicet iaconfulci doloris* qui temperari non vaieac > illicita detegitur coadunatio armato- rum adidexincerualloprxftanduffla quia incoafultus dolor cfficic >] vt ipfe exponat difcrimiQi refiftentiae per Adulterum faciendje^qui non foletiaermisaccederetratione cuius peri- culi pcena minuiturt cum illud oflendac Maritutn fncauci fo lili cxpofuifTe ex impetu dolori$illum excecance » quod ve- rificatur in vcndida ex interualb cum oranimoda prxmedi- tatione fumpta coadunatis Armacis j vt nihil mali maritus cimere pofTet fibi euenturum exillius execucione? qua;prx- paratio nimis repugnat inconfuHo dolori} qui temperari non valeati aquodefumiturcxcufatiO} vc ponderando verba^ Textuum iu contrarium addu^rum refpondec F^r/^J.c-oa/ Secunda qualitas deJidum extoitens refulcat ex genere armo- rum> qufbus honiicidia patrata fuerunt 1 cum fine prohibita^ in nota Conftiturionc fan. me. Alexandri VI II. nedum quo- ad dclacionem 3 fed crtam quoad retentionem > incrodu^io* nem > & fabricatloucm ex quacumque Caufa etiam Tub prse- cextu militia?) & exccucionis luflitix ,adeoque multo magis ad efTe^um adeo impiamj & immanem vindi^am fumendi , perdendo integram familiam . I^Iec delationisarmorum delidumin tali cafu confunditur cum principali crimine homicidij > quia cum maior pcena fit pro ilia impofita ) quateniis fubfifteret excufatio dcfumpta ex caufa honoris j puniendavenitdeiatioarmorum prohibito- rum ordinaria poena » vitvudxxntGiurb.con/.iS.num. i.& con/.8t.»um.^i. CabaU.caJ.iooMu,x^. Farin.qu(e/l.22'ft.2 2. & quali. io8.fjani 166. San/eiie.dec.^^. num.2.& 5. Non at- tcntis authoritaribus in contrarium addudis , quia proce- dunt in terminis homicidij fadli ad dcfenfionem» vel prouo- catione in rixa> vt declarat Polieard. de pnehemn. Reg.Aud. tom.z.cap.e.num. 1 1.<^ 12. E^que vlcerius non applicanrur, quia non loquuntur in terminis Coafiitutionis adeo diftri- [cc] dfi prohibeotis eak geoos armorum > nam d. Pol/cardus loquitur dc Reg. Pragm. prxfumeate ex qualitare armo- morum qualitacemdeljdi proditorij , cuius difpofitionera ceflTare afTcritin honicidio ad defenfam , vel ad prouoca- tionem in rixa cum diftis armis patrato, qux difpofitio to- to cxJodiftaik noflrae Conftitutionis San«aione j -quia^ edita fuit ad Qinnino exierminandum adeo pemiciofuiiu genus nmoruiA. Tenia qualitas pariter deliaum extollens eft homicium pa- tratum ex caufa litis , quod ex tors Conftitutione fcl.rcc. Alex.VH. elatum fuit ad crimenrebcUionis, & laefas maic- ftatis vitimo fupplicio, & bonaum confifcatiooeple(ilen- dum , que qualitas jrefpcdu necis Petri Comparini , & VioJantis cius Vxoris controuetti nequit ex eo , quod In- qui/itus in lite vi(florf am report^et j adeoque diet debeat patrata ob iuftum dolorem iniurix ip(i illacx per fuppofi- tionum Partus deteiSam poft cclebratum matrimoniuniL/} vtdotale Inftrumentuminfringerent} & perpublicacio- nem fcripturarum magnam detradionem continentium > ac per confpirarionem in fuga Vxotis in pcrniciem hono- ris Idquifiti 3 & tocius familiae 1 qua; caufa vlcifcendi iniu- riam cum Cu grauior t quam caufs litis potius illi tribuen- dum St homicidium > ranquam ilii magis proportionacx . Qtipniam viAoria obtenca refpicicbat folum pofTefforiunu liteadhucin petitorio maoenre » quam Pareiues profe- quti fui/Tent 1 adeoque illius caufa adhucdurabat 3 & ex- tinda dici non poterat ; Iniuria ver6 ex qua diuerfa caufa^ defumi prastenditur prouenit ex eadcm litC) tam circa de- te&am fuppofitionem Partus > quam circa detradioncs in fcripruris cootenras refpicentes anguftiam rei familiaris contra iac'laras diuitias , fub quarum Tpe contradum fucrat marrimonium, & pefHmas traAioncs, quas experri fuerunr Parentis Sponfae in Domo Inqui^iti > quibus ex conuen« tione dotali fubminiftranda erant alimenta > cum alias do confpiratione in fuga, minufque decomplicitate inprae- tenfoadultcrio vlla probatio iiabcatur . Adeoque fcm- pcr vrgebat caufa odij ex lite concept! j quae noaexiroita pcna per AJexandrinam Confiitutioncm infllfda ex quo iis iniuriofa fufritlnquifito, vel in fubftantia ^ vel cir- ca moduDii quiahxc arguit quidem Caufam > qu« in bo- mici- [cci] micidijjprjpineditarF* femper requiritw? non autcjti qua. litatem litis excludit > imd cam coafirmac , dum cxplicitc ortam fulflc iniuftititiam fuppooitur , alias permitteretur aditus vidt^am priuatam fumendi ,|quod omni iurc veci- tum eft, & prasfercim inrercedence Ike, quia tunc Ixditur Maieftas PrincipiS) vt probatuAi fan in alia taformacione S. Ac (cilicec in do* mo propria eorum > qui\»us mors illaca fuit » & quidem^ modo infidfofo , confingendo confignarionem Epiftolc k D. CanonicoCaponfacdio tranfmiilje. Domu« enim^ propria tutiflimum cuilibee refugiumefle debet » vt iti^ alia probatum fuit S.Ph/mttm quoque . Qui fand modus prodirionem fapit > quarverificatur nedum patrato homi- cidio Tub fpecie amicicix) id etiam quotiesceffac in Oc- cifo prxcauendi potenria vel obligacio , vt tradunt Btirt. in l.refpiciendumS. DeliBquttn$ ff- de pan. Mattb.Safjz.d0 re erimin.controu. 50. mm. (ecus dum agitur de illius fauore ad vindicandam iniuriam eidemindomo loco [ecu] loco Carceris aflignaca illatam, caufa verd honoris foliim prodeffe pofTec , n ad ilium defendeadum in ipfoimpctn inconfultidolorisfequerecur offcnfio in Caiccre , in qui- bus terminis proadere poflbnt authoritates pcrD-meum addu(fla?» nonetiantadexcufandam vindi^amex interual- lo fumptam contra Carceratam > & quidem ad infiantiam Occiforis > tunc enin\ qualitas loci fummoperd aggrauat deli^um , vt pote Ijcdeos publicam fecuritatcin j & iouo- luens proditioncm ivtin fimilibus ternainis tradic /If d/M. Sanz. de re cf^tnin eontr,^^,ttum.i^ ij. d^ i6. Caball. ca/.i $.num. lo. Carpzou- part I . inprax.qu.^o num. ii. cum/eqq. ^uintilian. declam 27 4, num. t. &feqq. Ex his cum abunde conftet lioroicidia per Inquiiitum patra> ta habere admixtas tot qualitates ilia extollentesi quate-' nus etiam prfponderaret opinio fuadens minuendaro efle paenam Occtdenti Adulteramex interuallo > & probatum dici poiTet adulterium prastenfum eo modo » qui ad talem minorationem obtinendam requirlturab omnibus miiio« ris opinionis Sediatoribusjadhuc eadem propter dd.qua- litates exafperandaeflTet) &ordinaria poena /^gi^Cortf^' lis deSicar. omnino irroganda. Ac proptereaiuperfluum videtur agere de qualicate torncnti< cum ex notis faculta' tibus Illluftriflimo D. Gubernatori concefliS) concurren* tibus vrgentifHmis iodicijs » de quibus > vt audi6> non du- bitatur ) fufficiat deii Aum ordinaria pxna pledcndum fo- re > licet qualitas atrociffiminonconcurrat) itaucproeo non fit exafpcranda p^na . Caeterum nee etiam huiufmodi qualitas deficit , vt potere- fultans ex modo proditorio i & ex titulo Ixix Maieftatis ex triplicl Capite in cafu noflro veri£cabili > fcilicet of- fenfione ex caufa litis . coadunatione Armarorum , & vio- latione publicae fecuritatis propter aifignationem domus procarcerci Cumeniro per Conftitutiones Apoftoltcas fuperprimo )&fecundoad talem fpecicm deli<5tum da- tum fit » & de poteftate Principis id facicndi non fit ambi- gendum > vt moncnt "Reftaur.CaJiald de Imperat. qu. 1 10. eaf. 291. & de fimilibus Conftitutionibus Spad. eonfiU i. num.3^. ^fierens in tali cafu illud quoad omnes luris effe- austale reputari non eft incontrouerfiam reuocanda qua- litas auociffimi tali dcli^o conticnicns, vt in prascifis ter- mi- [cciii] mis proirrogando termeoto Vigilis txnAitSpad.conf.n^* num.1 /!^. ^^^.lib,i. Qualicas verd perfonx noo pertnirccns pf nam mortis exafpe- rari • vein criminibus atrocidimis contingere folee ob no- biliratem } non denigrandatn ex cali exafperatione infa- miam irrogance, quatenus eciatn\rerificaretur9 non obfia- ret ) quo minus ad vigilix eornicntum inferendum deue> niripofleci cum ad hunc cfTedum folacriminis ratio ha- beacur non accenta qualitace perfonae p^n; infamiaiu infe- rentis cxequuiionem impediente , alias Nobiles nunquam exponi poffent tormenco vigiliv, ncc Sacerdotes i flc Rc- Jigiofi >quibus infamix pasta non infligitur. Nobilicas au- cem nullum priuilegium tvibuic in gcnere cormentorum prxfertim in criminibus acrocilHmis , vt monet Garz, & alios . ^cfponjio D,%/fduocati Fifcalh. Romae ,TypisRcu. Cain.Apoft.i6yS. [ccvi] R I S P O S T A AlJe nocizie di iatto»c di ragioni nclla Caufa Franccfchini . Addch beUtfltina Statua di Naboedono-' for pctchcfeJihs m$n ngeha^r^ cosi I pun* to precipitarono W 6gurari eftorci foppofti co'quali lo (cricrore anoaimo in fogli iih- preffi cerca d'infionare nel rozzo incellerto del volgo I'origine dcIi'elTecraodo eccidio commeuo denrro Koma dicrd miferi jnno* ccacidaGuido Franccfchini afsiftito diut quattro huotnini armati d'armi prohibiee a careffetto con de« nari condocth & Sfuefpefeper piu giorni maatenuei cotu preparate iafidieprouenire dal giufto dolore coocepico > allo- ra che fi vidde per otto cneA auanti mancarii oella proprid^ Cafa in Arezzo Francefca Pompilia fua Mogfic) e fuggtta la^ CompagniadelCanonicoCaponfacchi dal medemoluogo per ricouerarA in Roma focco W patrocinio di Pietro > e Vio- laoce coniugtde Comparinii che come figlia Thaueuano al« Jeoataj e dal fofpecto crcrciutogli* die nel viaggio prccipito- fo haueffe con efso rotce le leggi maritali per etfergli/i trouate apptefTo alcune lettere amoro[e> dalle quali nededuceua it- ragioneuolotente radulecHo di quclla> e con prduppore. che come adulcero n^ foflfc detro Caponfacchi condannaro alli-* relcgazione di trdanniin Ciuiti Vecchiaiper pocere coo^ que^o mafcherato titolo d'onore rendct- men graue i\ delic- C0| e d'eccicare li compafsione non meno nelle perfbne idio- tCiCheneirantmode Religiofilimi Giudici per difporli ad vnapenapiu mircj coon corrifpondente fecondo la leggc^ alia qualita) forme? ecircoftanzc del delicto tC quefto info- ftanzai d cuctocio che (i precende dilt'aurore de fogli ftampa- ti intitolati not Jzie di fatro, c di ragioni nella Caula Franccf- chioi, mi perd troppo mancheuoli nel racconto delta rragica Iftoriai che hk diuerfo principioiccagione independence dai colorito cicolo d'onofC) che in efli vien troppo animofamente A lup- [ccvn] fuppofto eflcrli ftato toItodiilU Moglie> mentre qtie/la hi tS- pre intaira confcruara la /ua pudicizia, c ben cuftodice Ic leg- gideironeft^contugalcjComceuidcateiDentefimoftraiaap- preflo. Cbc la dolorora Cacaftrofe ifeH'ccei'dio di qoeda iptiera Fami- glia non /ia proccdoracomerAnotiiiDoScrittoreifiaal^aiicl- Je Cue ftaiDpe dallafigurara caufa d'onore » id^ da vn daoaa<- to interefTeben jwodintoftrarfi col rifleflb>cbe i qucft'oggct- to s'introdufse dal Francefchino I'iofaufto cractaco de Spon- falif con detta Francefca Pompiljay accerratofi , che doppo la mortc dc (uoi Crcdati Genicori gii douefse reftare vn'molco coniiderabile nlkate, e pib cofto dcoc crederfi commefsa in odiodi rrelitipeodcnticioddue Citiilivna fopra la figlio- Jaoza legttifna di fua MogIie» e nuliitidicoftituzione di Oo- tct net Tnbiinale della Sacra Roca iatrodotta da Pietro i Tal- tra fopra la feparazionedel Toroauanti Moafigaor ViceGe- fcnte iocrodocta da detta Francefca Pompiliai c la t^rsa Cri- minale in deciCa pendente nel Tribuoaie di Monfigaor Illu- firiOifjDo Gooernatore in ordine al preiefo adolterio mofsa^ coll'ifteffo Aimolodeirinterefseper guadagnarc I'ioticra^ dotei quando quelle fofse ftato condudentemente proiiato in efso introdocta da detto Francefchini> la qual fperaoza ef- fcndo rimafta delufa per mancanza delle proue , che fariano del tutto fuanite coUe difefci che poteuano farfi dalla Mogiie proruppe io vc eccefso cosi tragico > e deplorabile > che ben fcoperfe le frodiiC fingani adoprati per far fortire il deccoma- trimonto e che ci6 fia il vero eccone pronte le dimoftraziooi. Se ne ftaua oziofd in Roma Guido Francefchini fuori del feruizio di vn porporato » col foldo dal quale fomminf* ftratoli fino allora H era mantcauto * & il fuo pi^ frequente mantcnimento era in vna Bottcga dialcune OonnePeruc- chiere>doue pi6 volte fattoH intendere efsere /a fua iotencio- ne d'accafsarfi conqualche buona dore vaarandolegrandez- ze dclia fua Patriai de fuoi natalijc delle fue foftanze difpofe la mcdeHma con prooiefsei proccaciarne i'occaAone » efco> percodielseroi qucHa di detta Francefca Pompilia allort^ Aimata figlia legitioia^e naturaledi Pietro>e Vioiante Conio- gi de Comparini fe ne accinfe efso medeiimo coll'aiuco dell' /^bbate Paolo fuo Fratelloairimprefa>& vfandoraftutapra- deoza, della quale fiferui ilmaligao Serpcncealiorchenel Para* [ccviiij ParadiTo Terrefire per forDO-tire Adamo i Cfafgredire U Pre- cettO} e mangiarc del Porno viecato faccodo li fuoi conct > fe io v6 direcramente ad afsaltare ITomot egli come afiai forte» arsairiToIuto mt verti a dar di ficuro la ripalUi meglio doo* que i, che io tenti priona la Oonnaichc t di nacara roobilci e di cuore mblle, e perd dieJe il pritno afsaito ad fiua» pcrche poiguadagnatai che hauefse qudla p«r mexzo di cfsa li fa- rcbbe ftato piti facile I'acquifto di Adama* frinnm tnim aui' mum/exMS molUoris aggrejfus eflt fono parole jogegoiofe di 5* Ilario . Cosi ^ punto diuifo tl detto GuidocoU'intelligenza delJ'Abba- te Paolo Too fratello) e cosi 4 punto gli riufd » oieotre trala« fciaodo di difcorrere di detto Matrimonio c6 Pietro» dal qua- le probabilmencehaaeua hauuca la ncgatiuatVoUe prima ten- tare ViolanceAia moglie^perche colPacquifto di efsabaue" rebbe poi con piii facilita foaoertito \\ Marito a prefiarui il coafenfot ne gli fii diflicile forprendere la Donoa , perocho feppe cosi bene imprittiergli neiraoimo le grandezze della^ fua Patriai la nobiiti prtcnaria de fuoi natali> e ie grofse rendi- te de fuoi beni patrioioniali (inoallafomma di fcudi i7oo.> con iafciarglieae nota fcritta di proprio pugno; che t{%a. nc^ redo incaataraj e feoza prendere altra informazione fi pofe i fconttolgere 'H Marito con ricauaroeda luiil coolenfo* anoe- rando quello fi legge fcritco nc Prouerbij, mitliet Virifretic* fam animam capite, qaaado li difse di Mardoccbeo jche G va- Icfse dfEftcfi quaado egii voile placare Io fdegao d'Afsuero conilPopolo * ediGiabbe»cheG fcraifsedellaTccuituj quando egli voile addolcire Tira di Dauidde col figliolo.e de F'lifteidella Tannatefe, quando eflli vollero ricaaare da San- fone lofciogiinieaiodel problemadaluipropofto ael Con- uito nuzziale > La ctedula > ma inginnata Donna tanco adoproffi col marito* che in finelo rtduflTei foccofcriuere licapitoli matriraontali con la cofticntione delta dote di luoghi 26, di aooti* 8e alia mortedi detci Coniugi Comparint di tntto il loro hauero afcendente, come confella I'anonimo Scrittores(ino alia fom- ma di fc. la. milage per render/! li dd. Francefchini Padro ancorain loro viti di detto valfente fi fecero cedere I'vCg^i frutto d'efTo confiAente tutto in cotpi frutti feri di ca fe po in oitimo fito y & in luoghi di monti 1 col pefopero di co "' A * durrc*''' n- [ccix] durre dcrti Coologi Comparini alia Citth d'Arezzo , 8r ioi alimentarli t veftirli . e foauenirli di feruitio in ct6che foife ftaeo loro dibifogooyla qual prooicffa noncra difgiuota dal* la fperanza>che con diigaftii e padmeati.che faria ioro cod* lienuto di fotfrire reftaffe aceelerata la morce , & eflb dioe- nifle Padrooe aflbluto del loro hauere. E quancuoque Piecro doppo fotcorcritci li detti Capitolt , for- cemente ricufaiTe di venire aU'effectuatione del matfimonio di detea Franeefca pompilia con il fodetro Guidovdi cui po- ohe boone relation! haueua haute alTai ditferenti dalle pre- fuppofte ricchezxe,e dalle vantacequalit&riguardeuoli) on- defi poteua ben dire di lui ci6 » cbc conclofe Perfio nella 4. Sacira « Reffieequed aon eft tallatfua muaera Cerdo > Ttcunu* babita ^ ijt noris qukmfit tihi turffupfllex. Ad ogni ntodo il fudecto Guido vnicoH con detta Vfolanre im- beuta dellc fue lufinghe I ecarezze, fprezzando ogn'alrro confenfo di Piecro di nafcofto del medemo 1 e fenza fua fa- pDcacontralTeii Matrimonioinfacicm Gcciefic coo detta^ Franeefca Pompilia , fcoprcndo feoipre pi^ con decto area poco riuerente verfo il PromilTore della dote la (ua auidici non foloaquelia quantiii ichegl'era ftataaflfegnatamdd* Capma aoco ai reftode beoij che Pierre pofTedeua, ce- nendo per cerco , che doppo la di Itri morte neceflTariaoienre doueuano per fidei conmilTo d'Antenaci colare in decto Franeefca Pompilia , gil facta fua Spofa. Rifapucofi doppo qualcbe giorno dii Piecro lo Spofaltio feguito ancorche vigorofamenre riprooafferoperatoi eucrauia ) per* the fa£lmm itifediim fieri mott potefi ^er le lu(inghe di Violan- tefuaMoglie) eperrincerpofitione d'altro Porporato , al qaale feruma I'Abbate Frarello di Guido . fu il pouero Vec- chio coftrccto i bcuere il Calice delle fueamarezze venen* do quafi tbrzatamente dopo molti Mefi alia ftipirlacione dell' loftromenro Oocaieiflc in vo fubiio comiocio i prouaxe gl'e£> fecti deiringannodcl France(chini> rotncre ne anco per fare Jc prime fpefe dcllo Spofalitio haueua vn'foldo del proprio* in modo , che per fupplire alle medemrt ia di meftiere con> crola vogliadi Pietroliberare dal vincolodel fideicommtffo cinque luoghi,e pib di Monti , con mandato del Signor Au- dicore di Moofigaoc Illuftrifs. Gouernatore > c ycnderli per COBl- [ccx] cocBpitefallc nedeffle , onde chiaramence fivedct cheil pri* marto oggctto , chc fi i haauto dal Franccfchini th qoeftlL ptatticai flatod'ingannar, tamo Pietro, come Violanco fua Moglic I c la Poucra Figlia per ftrfiricco coo la robba^ alcruf. Nepu6 piik negarfiJa fraudolenta fappoiieione d«IIe vaotaro ricche^ze del Franccfchini con detta ooca di fua maoo fcrit* ta je confegnara al Comparini > percheoltreche lo confeffa apertameote lo fcrittoreanonimo,Qienerepec fala^ire lo complicity nell' inganao aoco dcU* Abbate Paolo , figura» che qucAo riprcndefTe afpramcntc Guido fuo fratc lo dcU* alteratiooe di detca nota , ben preftola fperimentarono detci Coniugi Compariniiall'hor che trasferitifi aliaCitt^ d'^rcas zo,ritrouaronocfler molto angufto Thauerc dclla Cafa.. Franccfchini, c furono tali Ic mifcrie.che conueanc loro fof- frire,eli firapazzi fi nel victoicome neH'afpre pocedure coa effi vfate . e conftr ingcrli anco con ferrarii fuori di Cafa , ri- courarfi nell' Ofteria per albergo, con oggetco d'abbreuiare loro la vita > 6 per li pacimenti } 6 per la rabbia da effi cagio- nata > che furono coflrecci doppo pochi ine(i k rieoroare iujf Roma * e piaeuidentemcnte reOa pronato dalle fedi de Ca- caftri eftratte da public! Jibri dclh Citci df Arezzoidaile qua- il rifulta ) che decto Guido non poffiedend pure va'foldo de beni ftabili efprefli in detta nota > come pare non efl*er vero goder eflfO} ela fua famiglia il primario ordine detla nobilri della fua Pacria> attefos che da altre Partite eftracce da publi- ci libri di detta CittI > (i vede > che ia fua famiglia i ripofts nel fecondo ordine . JLe fudettc forme dolofe i e fraudolenti di trattare » pofte in lu« ce molto prima> chefeguiflrel'eccidioje publicatc in qirefta Corte } & in Arezzo , poflfbno ben dirfi cflTer (lata I'origme^ della premeditata ftragc coo modi cosi deteftabili, com'd notoriO) e non il colorato ticolo d'onore % mentre decce loro frodi > come fopra diuolgate , operarono nel commun' con- cetto d'eflfer non meno I'Abbafe Paolo » che il detto Guido foo fratello i Himati per huomioi di raggiroi e d'inganno , che ad effi fi rendeua piu fcndbile i che ogn' aitra cofa i atte- A>) che non poteuano piu vantare quelle grandezze di nobil- ti , e quelle affluenze di ricchezza , che efli diffeminate ha- ueuano nelle bocche del volgO) & ognVao R guardaua dil trattar con loro come foggetti di fede non fiacera > e come^ A 3 vfur* [ecu] vforpfttoridj quelle glorie i che per nlun* dritco erano loro dooute • Maggioroieote s'^ctcfe U cupidigi4 dell' intereflfe all' bora > che 6 vidde aaticrztfi ni it^tffUi Fraocefchini raffioma com- mune ars Jfiuditur arte , cioe a dirci che flimolata dal rimor- fodcUaconfcienza Violante,e dalU ffrapazzi > & ingion'o riceifute in loroCafaiConftretca per commando delConfeflTo- reJnocca(ianedel Giubileo ^ riuelare d Pieiro fuo marito noncfler dcra FranccrcaPompilialoro figliaiOii d'cflercvn* parco fupponcil che Ci fcuopriua moUo verifiniile si per I'eci d'attoi 484 che correua Violante quando R finfe di lui graai- da; si perche in anni 14. > che haueua viflTuto iq leguimo ma- crimonio coa efTo > tnai haueua hauci Hgiioh'; Q ancQ perche da Teftimonrj all'hora viucnti fi poceua hauere la proua con- cludentcdcllafuppoficjoiie didetcoparco) edici6 4acane> oocitia al medefimoPaoio per venire d qualche aggiu'lamen- co fopra la recrattione della coaftitutione della dote di tutco il fuo valfeilte patrimooiale } egli fprezzandu I'anaicheaoli olferte facreper mezzo di perfone antioreuolit riciis6 ogin parrito d'accordo ^oade incimatoglifi da Pietro il monicorio fopra la foppoStione di detto parto^ e nullici di cooftitatio* ne di dote auanU Moaiig.Totnititc facta coQclqclence proaa con fei T«{i>monij efaminati con gt' latcrrogatorij daci per parte didetti prancefchini) benchc il medefimo Giudiccj» fufte dt parere fpedire la Caufa nei folo fonmariirsimo pof- fe0briO}ConconcederelamaQUcentione k dctca Francefca^ Pompilia iti quaji poffejfiou^ /f/itf/M«»i niencedimenofii dal- ]ad> lui fenreiizainterpofta rappeilatione , e commena alla^ Sac Rota Pooente MonOgnor MoJines , oje anco peade iq- decifj fopra il principalepunco della fuppofta 6gliotan«o» c quiliei di conflituttone di Docct dal reccili no giudicio di unto Tribunale fenza dubio attefelecooclodentilime proue fudette dclla fuppofitione del parto » & {arebbe decifa noiL# ncno ia nullita della conftitutioae di decta Dote , cbe facta d ichiaratione elTcr dctca Franccfca Pompilia diloro figlia-p iiippoftat con cheveniua a ceflTire quel vaotaggiot checon^ tanto taganno 11 Fr^ncefchioi hiueuano procurato a loro conmodo * Si comproqa tutto ci6 con il rifteflfo , cbe publicatofl noq mcno in Ronai che in Arezzo I'ingaaAo del Fraacefchinii delufo COQ [ccxii] coQ fitntle artificio per le prone gi^ faete nellik pendentidi di deeto giuditiotche deica Fraocefca Poropilia oon era Ggliz iegitima,e naturaledi detci Cooiugi Comparioi fotto mea- dicati fofpecci afFettaua Guido la caufa di maltrattarla cool* ingiurie* & percofTet epiii d^na volta a^accinfe con ferrO)flt armi da fuoco per toglierii la vita per vindicarfi concro di efsa deH'inganno proprio , dal quale reHaua delufo , ondo conucnne alia pouera moglie inctk reoera alPliora di Ceded anniiin Pacfc ftraniero>pereuitarela fierezzadeltnaritoiti diuerfi tempi fuggirfene all'Anio di Monfignor Vefcono > e del Gouernatore> dCommiffariodellaCiKiiiperebeponef' fero freno alli ftrapazzi > che fofFriua , e beachc li oiedefiiDi conil loio zelo per airhoraprocuraflerojchefoflfe data qua r che tregoa alle minaccie tuttauia la pooera Moglie iotimori- ra paffaua li fuoi giorni raccbiufa dentro voa (lanza > e mag- giormeote crebbe il timore >pcrche R auuidde, che il deico ^uido haucua fatto preparacione d'acquetta con la qualc^ pretendcua toglierii la vita fenza fircpitod'arini)& effer pi^ ucuro di far rimanere impuntto il delitto> Horfedunqacin quefio tempojoue no cadcua alcun'ooabra di fofpetro d'bo- Dore«il Marito macbinaua lainortedeIIaMogUe>poteua afte- Dcrli r Anonimo Scrictore d'/mbrattare le carte i fine di per- fuadcre * che laftragc deirOccili habbiahauta la fua origi- ne dallo Qimolo di riparare I'ojfefo honore . Meglio aifai pih faauerebbe fondate le fue ftampei feiifofreconfalcato con il vero> che quefia fia proceduta dall' intetefse de- lufo. Agitata dalle racconrare anguftie fe ne ftaua la pouera moglie meditando di raccoglierelo fcanpo della temata morce ; & apertofegli I'intcUetto da!la veffationeafi racconaando al Si- gner Caoonico Conii ftrettiflimo congionco del Francefchi* niefponendogli le fue miferie> li fuoi pericoli , li rooigiufti timofi) ancor che ad ciTo non ignoti t perche procuraflTe di confolarlacon metrerla in faluo della Tua virai& egli tocca- to da viua cotnpaflfionet e molTo i pieti per lo ftato lagtime- uole> nel quale elia G crouaua per ifimerla > dal quale ben conofceua non efferui altro rcaaipO}Che la fuga dalla Cafo del marito, appigliandofi aldetto del PocaHe^ fiigt trude- Us terrastfugelittus auarum^ ma non porendo in cid cgli me- dcfimo daric aimo, le fuggcri, che non vi era per cid efcgui* A 4 « [ccxn^J re p«tf4>fta p\it al propo(itodel Sig.Csnonico Giufcppe Ca* podzaechi fuoAinicoi 8t anco attineatCiii dicui fpirito bauc-> rebbc fupcracp ogni cimenco , e con etto parlacoae il Conci, coo tucto che trouafTc difficoici in fecoodare ii dcAderio della giooinCf per non incorrere i'lodigftaciooe de^ France* fchioi} (uttauia preuaife ia lui lo flimolo deila catitkt e pieti di foitrarre dalia morce vna ionocente Donna > e riferitalo dal Contt i'applicationc di quello all'imprefi non manc6 la mcdema iofianamario con pi^ fue imbafciatc , lectcre con« lenenciaocheveaziailcctatiaiaii'cfretcuation del fuo fcaaa- po t conreruando per6 ancbe tn efTa la cotktatc volont^ di non violare la fede macitalejiDentre io alcunc loda il niedc- Gmo Canonico per ia fua cafHtd , 8c in alcre io rtmprouera^ per hauerlc mandate atcune octaue poco onc/fe > auuerten« doiodi non dcgeocrare dal'concegooi del quale G pregiaua> c concercaua(i con quello lafuga* oienrre il fnarico,e tucti di fuacafadormiuanojfipoferoambedue con raSiftenza di d. Canonico Conti a vn precipitofo viaggio per le pofte fenza perdere va momenio di tempoifc non quantooccorreua per ia mutacionc de' Cauallii Sc arriuaii di no(ce a Caftelnouo * ancorche I'Ofte hatte0c preparato vn letto da ripofo i oiente dimenod'efTo nonfe ncferuirono, percbeil Ca-ponzaccbi accudj fenipre in foUecitarc il Vecturino k prcparare altri Caualli per profeguiroe lerminarc il viaggio,pc I'Odt di d. luogo cfamindco nd Procellb fopra la foga H fogno mai di dcporre > che nel letto apparecchiato dortoifTcro infieme la^ Donna > Sc il Caponzacchii benche con fuo dishonorc ii Francefchini habbia publicato it contrario > per coloriro coUa fuppoOa caufa deli'onore la vera cagione deila ftrago da lui commefla. Sopragiunfe in tanto il marico Francefchini, e vedurod dalla^ moglie, forfi quefla timida} (i ritirojfl nafcofe comer rea d'ai- cun mancamcnto commetroi d'alcun corto f Jtcogli nelcu* ftodire il candorcdella fua pudicitia ? no ; ma ardira ancor- che in eta cenera gia riferita d'anni i6. gli rimprouerd la^ conftanza del fuo honorcghogannij e flrapazzj,chc gli ha- ueua v/ati, le minaccie3Ccompagnatecoliepercoire,pi6 vol- te datelii Ii vcleni» & acqucue prcparate per toglierla di vio- ta, e che pcrcio era ftata conArecta d quclla rcfoliitionc di pcocurarc colla fuga lofcampo da maggiori pericoli , coo^ rlcor- [ccxrv] liconere aila picta di dd. conitigi Consparinit ch^ conie fo^- rofiglia rhauetianoalleuata,cu(todeado pero fecnpre incat- tc le leggi coniuga!i» e Tifteflb rimprouero f^ farto da) C^- nonico, il quale haueua nella fuga religiordmeate offeruace le mifure d'vna doutita inode(}ia. Che rifpofeicBe tentd il Francefchinitancorche armato di fp-t- dstalla moglie inerme« & al Caponzacchi>chc non haueua^ fecot chevn piccolo fpadino^'Nienreal ccrto»fecondoche depofcro li Teftimonij) chc (i trooorno pre(eoci» perche re- flo dalle giufie rimoftranze delta moglte conuinco i Ma che oprd i Dereiitta ogni veodecca , che per dricto di leggc astm curalctdancaciutle molco megKo cornpecergli poteua di quello) che vada rAnoairoo Scritcore vaotando in difcolpa di cosi efecrando dciitto, tmplord ii brdccio ddla giuftitia* facendo arreflare dallaCorte di quel luogo la moglie, & il decco Capoozacchi i che pot k (ua inftanza furno condotti prigioni acUe Carceri dl Monfignor Ulullriffiino Gooerna* tore di Romatauantidi cui queretdli naedemi delUfugajCi^ poi non contento* efpofe altfa querela di foppofto aduleeria conimeflb coadetco Caponzacchit i'auaozo anche inaggior'« toente con fare ftrepitou) ricorfo al SomiDO Poncefice per il caftigodiquelli,drtmeire le fue fuppliche all'ifteiTo Moofs GotternatorejardicoD nuouaquereladomandare ichcfufle la moglie dichiarataadutter4>e che a lui fi douefle (econdo le leggi il guadagno di totta la dote* il che io (oftanza beiu fi conofcere* che non infifteua per la riparatione deli'ono- rct del quale haueua trafcurata la vendetta^ ma turro ft ope« rauaperfolo oggettodelt'incereflef ciod di guadagnarc U« Dote. Qualitentatioi, quali efclamationi * quati dih'genze non h^ adoprato il Franccfchini, e I'Abbate Paolo fuo Fratello per far dichiarare adulcera la moglie t e confeguite il lucro bra- maio ? Sallo Mon^gnor llluftriffimo Gouernatore > che con tanta foffereoza foftcnne Icloro appaffionace preroore. Sal- lo il Sig. Venturioi Giudice deUa Oufa > e lo fanno benCi^ anco tutti gl'alf ri Giudici,e Notan del Tribunak,che nau- fcati crano dalle loro importunita . lodi perchela giuftizia-» non poteua in verun conto colpire a lore djfegnitmentre dal ProcelTo non coftaua d'atcun reato deJla moglie* n^ dal dei* to CapoQzachii atbicrandojrigororainenteoelpradentlalu A S *j [ccxv] JiReHgiofi^BmiGiadi'eipill per dare qaalebe rodisfaitionc a)Ii Fratclli Fraocefcfaioi neik loro premurofciftanze » cb«^ perdrirtodi giuftitia diedero vna rclcgatione di tit Mni 4 Ciuita vccchia aldcttoCapoozacchiicheprontamcntcobc- di fcnzaeflfcrfifnai partito dal luogo deftinatogli i e riaia- n«ndo anco indecila ia Caufa rifpctto alia Donna > che loco Carceriseraftau coUocara nel Monaftcro delte Scalccro dubitandoijdellafuagtauidaozacoa aicreUoca prudenza^ fii qoella d'ordiae dl Monf.Iliuftri/Iitno Goueroacore leuata dal Monafterioi noa comporcaodo il decoro « che deotro d j effo partorifse > e ripofia con il confenfo di dettoAbbace Paolo in Cafa di dd» Coniugi Cooiparini con la (icurta di fc. 500* d'haucirquclla per (icuro carccrc. Coo tcoppa aoimorica sh quefto punto ridarguifce il deeto Seritcor AnonimoqucUotchedottameate TcriHe Monflgnor Fifcaie, non tffctvi interoequco il confenfo di detco Abbate Paoloi eflendO} come ad ogo'vno e nota la di lai fomnaa , & incorrotra integrit^idi non feruirfi di paroU nel fuo fcriue- re della quale non glicoa(|icoQprouai piii cheficurai co- fnecuidcntemeotegliconftaua il facto di detto confenfo. mentre PAbbate Paolo alU prefenza propria cost rcAd d'ac- cordoconMonf. lliuftrilfimoGoueroacorciCcoi Sig. Ven- Cbtini Giudicc vnitaibeote , ^ooefigerc Tobjigo di Pierro Cooiparini di fomniiniftrare gli alimeoti fenza fperanza di tecuperarlii cotnefu efcguico con detco coocertoinon merii^ iando la loro quaiita vn rimprouero cosi indecence per elTec Oaci troppo tnduigeoci con eiH. Con^tlttecaota anintofica fioegaoon hauer detco Abate Pao- lo mandate di Procura fufficiente da Guido fuo Fratello dt preftare fimtle coafen(b» percbc in prendeie derta prouilio- ne Mon£ Gouecnatore non haueuadi btfogno di confenfo deiie fartf > e fe hi volucoivfare coo cflo vn'attodi conue- nieoza»& vrbaqiti» non doueua a qnef^o loScrittorecorri- fponderecon taoia inciuilti di ridarguirlo di mal larto pet mancanza di fua procura > veoendofi con cal procedure a^ eanonizargli da fe mede6mo» che ha voluco ancoingaonare Monf. Gouccaatorcinacconrcntiread vna cofai chenonj haueua in facoUi di fare» mi ae reAa coouinto , perche d. Abbaic Paolo era il manipolacore di locii gPAtti che fi hcc- vanoi n^ fi moneva vna paglia fenza la (ba alfifteoza) & effo erabea pcouifto di pi^ maodati di procura del FratcUQ»dalli iiaa- [ccxvij qu4ii rifulta vD'ampUffima hcoUk d»opeMre.coine<;he FvifTe la pcrfonj propria del Fratello, con U claufoU dc rarcdeJi* quale ogo'vno si I'cfficaciaiE ci6 fi cdnfcfTi anch« dall'/Vno" nimo, mentrc afferifcc ,chc Guidonella fua pvtcnza lafcio appoggiata tutta la codotta delJa Caufa all'Abbatr fuo Fra- tello . Mi beo fi coQofce con quale oggetto fi neghi dccto conferifojcioc per potere piii animofamcoee figorare ia com- plicica de'coniugi Comparinialiaprccefd difonef^idi Frao- ccfcha d* loro cuftodita come figliaila quale fi r£deua trop" poinuerifi(nile,ainniettendo il deicocoarenfo deirAbbacc. Non meno animofa e Taffenione fatta dairAnoojniOicheper pagare gli aiioienti fommininrati aila Donnai quaqdo ftaua nel Confcruarorio fofTc il denaro sborzaco dal Lampareilii tl quale non reftafTe reinccgrato dal Depofito efiftence ocN )'Officio> il qaale prouentua dalle monece ricroiiate appref* fo la medefimaied il Caponzacchi > quandofuronoarredati in CaAel aouo > che fi fuppooeuano toire al marico * mentre li rc.48. in circa> che la Donna confefsd d'haucr porcati del fuo> fono ftati incicfitnente refiituici a d. Abbate Paolo>co- me cofla perfua quietanza fatta negl*Atti 1 efieodo che gli altri fit condudeniemente prouato eflere di d. Capoozac« cht> c fubito, che d. Abbate Paolo hebbe riccuuto d. dena- rO) per il quale continuatnente inftigauatfe ne parti di Ro(n4 per efier a cocertare la notoria ftrageiclie ne fcgui poco dopo Era perd prima precedu toil monicorio ad ifian^a did. France- fcha Pompiiia auanti Monf. Vicegerente fopra la feparacio- ne del toro> fir aflecuratione della dote sborzata > che mag- giormence afflilfe Ij Francefchioi > perche in cffo giudicio & farebbero facte concludentifiSmeproue delli loroingaaoi* idelle feuitiei delle niinaccie> delli veleni, Sc aequette prepa- rate, dalle quali non n'e reftato digiuno d* Caoonico Con* ti, che f^ mediatore della fuga tcffiendo poblica voce , e fa- ma in Arezzo, cbecircft vnmefefitnorilTedifiniilforpetto con che veniua a celTare tucca la fpcranza^che fin dapriaci- ptobaaeuano concepica del guadagno di tuna larobbadel Comparioii Oode ogoi fano intellecto ben vedeic ben coqo- fcc qual fiala veraradice di coil temerarijtC lagrimeaoli ec- cidijto la caufa d'h & indecife pendemitche erano per rtufcire di (aaggiore oj^- probrio di dd.Ffancefchiai> decile che fufseroa lor danno. *^ la [ccxvn] Iflv«!ioptf«ei6s*affati'g«oowntoIoScriteore, come anc©gh altrs fooi Difenfoi i ad cfagcrare la caufadell'honotc j men- tfc quaodo anco qoefto gli foflTc ftato colto dalla moglio » chc noa ha veruna fortiftcnia » come picnamente h ftato di- roofiraionelle Scritture fatte per parse del Fi(co» ricorcendo Ic mcdcfiaie Ictterc , dalle quali fi defumcla proua ptii rilc- uantc in comrario ha il Fraoccfchini col propriofatco rtnon- ciaco al dritto di ripararlo»airhoca che noo lo vendic6 quaa- do la fopragianfe nella dccta OOeria di Caftel nouo,Qon gio> uandoglf la fcofa d'effer effb inermc»perchc fcco haueua pu- re la fpadat e forH altre armi di nafcoftot non eiTendo verifi- mile » chefi voleffc porre ad infeguire la moglie accompa- gaacadal Caponzacchiifenzaeflerne prouifto* caQto piii> che li fttggitiui erano ancor eSi inermiie folo fornici dVn piccolo rpadinO} epihcofto voile eleggerela ftrada giudicialecoa farli arreftar da sbirri,c pofcia porgcrne conrro d'eifi qiiereU per il cafligo > con implorare aache il refcricco del fupremo Ponceficc>rimertendo le fue fuppliche alii Giudici detla caa- U 1 auanri li quali ( ilche ben difcuopre riatenrione del me- delinio>e(rendo inoriuo del cucto infuperabile ) fpecialmeace feceiftanzagtudicialedelpagamencodel prezza deirhono* re fuppofto eoltoli > e Ci dichiarafTe hauer egli per radulcerio della mogliC fuperlucraca la dote> fedunqtte in giuditio h^ domandaco il prezzo del fuo honore > come pad dir/i.> chCi> per honore gli foHe lecito dicommettere si enormi cc- cidij ^ Attefoj che quanta nque foife ftato lecito al marito per caafa dt honore di occidere la moglie per ragione di legge naturale>6 fia anco ciuilccelfa quefta potenzaje facolt^» quando il ma*, rito vi h^ rinuntiato con implorare come fopra il braccio della giuftitia^come lo dimoftrano le querele efpoftciil ricor- fo fatco al Papai il premio domandato del fuohonorej con le quali giuditiali iftanze fenza dubbio ha hauuto per derelitca la vendetta priuata delt'honore, che gli poreaa competereie per vna taciia rinunzia reftd quella eftinra, come dottamente infegna il Prob, ad Monaeh' in cap, licet Clerici num. 7. ^ feq. dt Cleric, coniug. 9 per il tefio efpreffh in cap. ex orejeitn* tis §• ^w "Ufw de bis > quafiunt a maior.part. capit. non po- tendofi anitnettere, che Tattione giuditiale intentata dal Fiancefchiotnonfofteperoperarelarinuntu alia vendetta^ del [CCXVIIlJ 4etrutyhon(ire>ina gU fofrepermeilb praticarc Pviia^ l-'aitn» e (etuitCi di queIi*«crtone, chemiglior gli fof|e parfa , perche (Cio d conrro il TeAo cfpreflTo neUap,vt^m dms dt eleif, indny il quale vicqe cosirommaco delcclcbric Canonifta^ Gio: Andrea ibi» n^poteji tieBus duat th^iones frofrqui petendo confirmationem ex Hlitvftiam^pre deftrutco ogni fbn* damento per la maocanza cotaie dclla proua deiroffcfari- ceuuca nell'honore , nonedendoucoe alcuna neJ pr6ce0b fa> bricato fopra la fuga; e fe bene s'iagegna I'anoniino Scricco- re dcfutneria dalle pretefe lectere amorofe fcritte al Capoa- zacchiile quali efsendo da Francefca ftace negate »c non cro- uandofi riconofciuce per fcritte dt fuo cararcere > n^ di Tuq confenro) oda lei foctofcritrei non puole affcntCu che ne refts conuinta > nh da efle pud rifulrare proua legttimai come ink* gna ogni giuridica practica- - £ quando anche fuoti di ragione fi douefsero amroectere come fcritte dalla medcma »troppoanioiofa » ed irragioneuole fa- rebbe riilaziqnejche dz e^e ne rifulti vn'artione al marito di occiderla per hauer cosi fcritte? Niuno di fano intclletto re« flara perfuafo a copafsionare it maritoichc ha proccduto all' occifione dclla mogliecon il folo motiuo> che quefta habbia fcritto viglietti amoroH , tnentre ne con la carta > ne con la^ penna refia oflfefo I'honore Coni(jtgaIe,ma folo con atti d'im*- pura difonefta.de quali nel cafo noftro> ne manca ogn' ombra di proua . Tanto piu che ne ccffa anche il folofofpctto colrifleflbal vero motiuotcol quale furono fcrittiicio^ d'adcicare £on fimulate dimoftrationi d'atfetto il Caponzacchi i fowrarJadall'itnmi- nente pericolo della morte , dA\i qaa4e noo trooaoa altro fcarapoi che con la fuga « hauendone femprc prefcote lo fpa* ucQCo per lofdegnp,& odioconcepico dal macaco pcrlccau* fc [ccxix] fe aceennate,e perci& procedendo da derta cagione le letterc ainorofcideuono riferirfii quelUi e nond dUoneRa voglia-di macchiare la fede coniogale del marico > come fimilmeoto ^ delta caufa deue rtferirfi fbrfi qualche colloquioiche dalle finefirebaueflehauutocoD decto Caponzacchi per concer- tare il modo di mettere in (aluo la vita,e non per offendereid ciroentare lafua pudicitiajerhonoredel marito, oDde anco caftiflime Donne G fooo feruite di fimili arti^leggendofi nel* le facre Carte > che Giudicca nelle medefime forme ingann6 Holoferne per ottenere la liberatione delia fua Patriaj e cost non meno pot6 efser lecito a qucfta pouera Oonna vnica- mente intenta alia ficutezza deiJa fua vita* adeicare con let- tere amatorie il Caponzacchi ad efTergii ficuro contpagno nella fua fuga (enz'alcuna taccia d'inhonefta. Moko meno puo ricaaarfi I'oifefa dell'honore dairiftcfTa fuga i perche come ii ofseruo di fopra» qucfto fegui per detta cau- fa>e chiaramente fi vede > che non ih per fare alcun torto al marito>mentre non deuiando in pacfe fconofciutotprecipito- famente per (trade coniolari in po(la,i efenza pernottare iiu veranluogofi portorno ambedui in &oma> one la pouera^ Donna fperaua > che li Comparini, che Thaueuano aileuata^ come loro figliai gli hauelsero continuati queili atti di cari- tii>co' quali I'haueuano crefciuta Rao al dolorofo macrimo- nio con il Francefchini contratto . E tutto che fi vi diffemi- nando>che vn Vecturino deponga d'hauerli veduti baciaro per ftrada , non ha alcon fondamento giuridico> non folo per effer Teftimonio viIirsimo,& vnico,e deponeredi cofe inue- rifimili, perche douendo eflo guidare il Caleffe con quel corfo velocC) col quale li fug^itiui profeguirono il viaggio » rendeuafi ad eflTo quafi iropofsibileil riguardare 4 dietro » & oAeruare dentro vn CalelJe coperro quelIo> che eglino ope- rauauo,canto pi^^che la fua depofirione h vaga> ni diOingue, le li baci,che fi dauano era in tempo di none, 6 di giorno»mi molto pih fi rende equiuocat & improbabile la di lui depofi- tione,perchein detto corfo veioce,che faceuail Caleflc, po- teua darfi il cafo^he nello sbattimentodi eflb portaflerac- cidentciche fi vniflc cafaalmente il vifo deirvno con Taltro > che ad eflb poteua paeerein atto di baciarfi ,comc ben fpef- fo faccede anco quando non fi fl fimile cammino i fecoodo la qualiia dclle arade>c paffi rotti,chc fi trouano, per U che fi reade [ccxx] retide arsai infufliftente % edubbiofa la ii lui depofitione per altro arditia j & incrodibile . Come pure cto tchecroppo animofanienee! fi afl*enfce dall'anQo Dinio> cbe giunci neirofteria di Caftelnouo foffe ftacoordi- fiaeo alt'Albcrgacore R douefle aggioftare va fol lettoper ripofo delli fugitiuitcche afsieme dormifsero, perche TOfte tioa h^ ardito di deporre nel fuo e(anae> che li medefimi yni- 1 atncnte giaceflero in efib, anzi tanco dalla depolicione della 0ofina9quaneodaU*altra del Caponzacchi fi efclude la coa- ditione, pofciache ne* loro conflituci conftantemente after* nano ^ che niuno di loro /i mife in lerto per ripofare > e chcr folo la Donna sbaccuta dalfincommodo > e pacimenco di si precipirofo camminojper poche bote reftaflfe afsifa fopra vna iedia qqando in eflb hauefTero ripofato , e H comproua anco , che iopragiunto il Francerchiniiadctcoluogo* troud , cheil Ca- ponzacchi fiaua follecicando fofsero pofii airordineliCa- ualli per il profcguimento del viaggio* e non dandofi alcuna prouainconcrario* non fi pud congiufta ragione dolerfi il Francefchini delPoffefa del fuo honore>che intacco dallifug- gitiui li ill conferuato. II titolo » ai quale (imilroence s'appiglfa Jo (te/To noraato Scrip- core 1 che il Decreto della condanna del Caponfacchi alla^ relegaHone > (la concepico pro ccgnitione Carnali , per fo- menro della caufad'honore* non b^ punro di fermezza » per- che fii corrctco, come non vero, edilTonante dalle proueidel chepefonolegicimiTeftimoni/ I'ttttffoMon fig Gouernato- re> c nittt li Giudici »e Nocarij del Tribunalei che interuen- nero oelle Congregation! Criminalf 9 e fe fi fa mera refteflioo tie ) il (i(oIo della Caufa c appunto t come la frafca appefa^ fuori della porta deirOfteria , cbe ben pu6 fignificare > che in quel luogo fi vende il Vino > ma concludere; che quello 6. vende > fia buono , fpacciabile > e recipente « oh queftono; Perche fi trouara efTerui del punto> matricofojed'altre qua- litiinfette . Si rileggono perciole Carte , c le proueregi- firate nel Procefib , con le quali fi giuftiHca H delittoj e noiy con il citolo erroneo * che ndperombra fi riiiuerraeflTeruiil fuppoftocommercio Carnale>anzi nemeno fofpetio d'impu* ti^f e cbe ocl Proccflb ne manchi ogni proua ben pu6 comi pren-* [ccxxi] prenderli dalia leggierexza del!* peas eon comTpoodentt> alia ''rauiti det deiicso > e ddi'ieaproprieca di coiidannare il Oponfacehi conse adtileero , pendente aache la Gaufa coa- tro la Donna jche non poceaa efifer condaanaca iadifcfa . l&k per togiiere ogni forpeteo del preeefo adukerlo , li prega^ ogaidifappaffianaco LenoreariHeecere» non ederfi pocuEO CGOitnetcere in Arezzo > perche alia cuftodia del Marico vi S. 3g^iungcua quellade'Fratelii, quelladellaloro comoauno Madre > quella dclia Serua t quella de' Parenci « e quells ds Vicini , anzila volontaria prigionia della rsefchina m vn'an- gafta ftanza fecnpre rinchiafa > per cuftodire ii fao cand^et n£ meno nel viaggioper efferfiditnodraco del cucto inueitfi« inlle> itnprobabile) e oon prooaco » Sc eflTendo lungi dal vefo» comene pure in Roma> eflendo notorio , ehe da Caftei nouo fu condotca nelle Carc6ri> e da quefte trafportata nel Mona* Hero delle Scalette , e pofcia per la fua grauidan %g , fosco S> gurta d'hauer la Cafa per Carcere di fcudi 300. confegnaea k detti Coniugi Comparini, trouandofi intanro ti Caponfacchi alia fua rilegatione in Ciuita Vecchia* nella quale ceffiui^ ogni fofpeecO) menrre vi era concorfoii eonfenfo delPAbba- te Francefchini tanto zelanee deli' honore del Fracello , &» proprio . N^ ii pu6 fenza gran violenza rirenerei > oientre G feme dallo Scriccore efagerare » cheil Caponfaccbi vfcito dalle Career! con la rilegacione a Ciuitt Vecchia, in tempo>che li Mogiie a rireneua per Carcere in Cafa di detci Coniugi s albergalTo in Cafa loro » non potendo/i dire menzogna pii^ sfacciata di quedaj attefoche il Caponfacchi non ih mai hofpite di quel- li> efubito vfcito dalle Carceri fi portoal luogo della rilega- tione,che religiofamentehacufloditO) fenza mai eHer ritor- nato a Romas ne la Donna /fci dal Monaftero. fe prima non era giuAificaco d MunfignorGouernatore , chequello dimo- rauatn CiuicaVecchia * col^ coftituitocon fede autentica* del Cancelliero di quella Corte . Mi permctca per tanto il dctto Scriccore, ch*io lo rimproQeri di troppo ardito nel tacciare Thonore del Francefchini mac- chiatodalla Mogiie , con dire, che appena falite le fcale del- la Cafa del Coraparini incompagnia delli fuoi huomini ar- mati per commctterc I'efccrando eccidio> rimirafle quelle^ mura tucte piene dc fuoi fcorni * come chc Ic dccte muti pa- ced [ccxxii] reti haueffero faputo Inuentarfi machine d'inrognati penReti per fomcntare la di lui inhumanica ad vna cosi honibilc ftra- gc, mcatre di cio non fe ne porta altra teftimonianza di quel- la eflbne fcriuecapricciofamcntc fcnz'alcun fondamenco, volendolo difonorato per forza, perchc a gli ahri difooori le gli cumuli ancor qucfto » benche a torto , efTcndo ben pofto in chiaro di ropra> che lacaufa del commcflTo delitco non fir qucUa dell'honorc per riparare li torti fatti dalla Moglie, mi li fuoi ingannt fcoperci) il lucro fperanzatoi iuanito> e le IM pendenti . Di che fc n'apporta vn'alcra non men conoincenred.'moftratio- nc , fc I'honorc d cio fpinfc il Franccfchini? non era aflai vcndicaco con la morte della moglie ? perche imbrartaifi prima anco con il fangue di Violance i e di Pierro non com« plici della prctefa difonefta > perche hauer tcfe Tiolidie per piiiconcinuati giorni anco in procurarela morre di quel pio Benefactore « che moffb ancor effb 5 pioti , fomminiftraua- loro aiuto nelle dd. liti ? in queflo non vi e caduro mai il fofpctto del prcgiudicaco honore, menrreche la moglie fta- ua in Arezzo> St effo dimoraua in Roma , e prima fi maritaf- fC} non era in etai che di foli tredici anni non compiti^e dop« po la fuga dal marito ricornata in Roma d sk come rcftaffo cuftodua neile Carceri > nel Monaftero , e poi neila Cafa di dd. Genitori) in tempo, che era yicina a fgrauarfi : Dunque G puo; concludere auueratamente , che ii motiuo dcH'occi* iione fufTe altro > che deirhonore* mi come difTe deU'inte- refle > e dcUe liti > come conFefTa nel fuo cfame i^iflcfTo Frao- cefchini . Ne deue fprezzarfi la dichiaracfone fitu dall'i/lella Donna' itu articolodi mortc > aU'hora che alia prefenza di molti Reli- gio(ii e Pcrfone d'intiera fede » conftantemente foHrendo I«l^ tante feritCi mantenne> e profefsd con gran firanchezza d'ef- fer fempre viflfuta cafta i e fedele al fuo Marito|> implorando convifceredi fomma radegnatione dalla Diuina mifericor- dia il perdono d'ogn'altro errore,che di quello haueflfe com- mefTo a fcorno del Marito » non preiiimendofi in quel punto la moribonda mentire in dilcapito della falute etctna dell' Animafua; Douendoti ancora rifletteret che in d. fatcovi concorfe vna fpecialiffima gratia dell'iftefTo Omnipotent^ Dio in far foprauiucre per pochi giorni la moglie « accio po. cede [ccxxin] teffc far palcfc la fua innoccnza , e dar lume dcirOccifori , fenza di cbe farcbbcro andati impuniti U delicti , per cio ncl jnedcuio atto il Franccfchini rcitcratamcote comando alii fooi Compagni , chc ofleruaOero fc era raoru bene , e qucHi prendendola per le treccie , & aUandola da terra oue giace- uajcredettero, chefuffe raorta,perche Upouera Donna per iftmto nataralc feppe benfimularlo col fuo abbandonamen- to, comccontcffanoli Deiinquenti,equefto concorfo di gra- tia tantQ piii auuera ladicbiaracione della moglie iche reAa verificata con la confefllione delli mcdemi Rei delli delitti . Mifono rifcruato per vltimo di difcorrcre , c rifiutarejquelio , che a d. Scrictore rapprefenta dcll'Abbatv Paolo , c fe ha- ue0i a dire il vero>egli fi pud con ragionc afFcrmare effcr fta- ca cucta la pietradello fcandalo , egli haucr fomentato Gui- de fuo fratejioa gl'eccidij> egli hauer tramato tutca la ma- china 3 attclo > chc efTo fu qucllo , che da principio voile a^ forza con induftria > e con inganni ii matrimonio di d,Fran- cefca Potnpilia) efib f ii quello, che fofleneua le liti Ciurli , c Criminali > che fotto nooie de Grandi fpacciando animofa- tnentelaloroparolai prccendeua d'eftorcere con belle infi- iiuauoni>conraggirO)CconingannoquelIagiuftitia j cho nonfi doueua ; elTo era queJlo>a cui maggiormente fi rendc- ua fenfibileelTer ftaco fcopcrco per homo di machina , e Tef- fer ftato delufo nel proprio inganno > onde ha ben ragiooe di dire loScritcore» che Ii volti degl'altri Ii feruiuanodi Ipec- chio per rileggerele fue male procedure} ma non dell'hono- re tolco al fratcUo • St tralafcia di rifpondere a cio > che TAnonimo procura di far credere in lode deirAbbace Paolo Franccfchini, per eccitare maggiormente il compatimento > mentre I'intentione dcir Aucore della prefence rifpofta> alcra non e> chc di metcer in chiaro la faltica de fuppofti contro Tonore della pouera Don- nai e de Compatini^e di feruire alia giuftiria jiafciandone il giuditio a chi n'ha plena cognitione , e per rifleffo riguardo fi trafcura la rifpofta^ molt'altre impropricta »che dal dctco Scrittore inucilmentc Ci dicono fenz'alcun propofito,conclu- dendofi la prefence rifpofta coU'cfempio da eflb aiicgato di Sanfone , che all'ora 9 che fi vidde efpofto alle publiche bur- Icdel Popolo , dicde vna kofla alle Coionne del Palazzo » facendolo cadere per morire con gl'altri , e fotco le ruinc di quello [ccxxiv] quello } per non effer piu ludibrio de la gente i Cosi d.Fran* ccfchini ) per non cffcr pih fchernitc da fuoi inganni , coti- uiene > che con li fuoi Compagni paghi la meritaca pcna dcr proprJ[delittt>troppopernicio(i allaRepublicajSe allaquic- ce> e ficurezza }}chedeuono prouareli Liciganct oeila Corte di Romat per mancenere la quale haprouifto la vigilaoza de Sotnmi Poncefici AlefYandro VII. r de Succelfori) conla^ Conftitucione fopradi cio publicata^e co' Band! fucceflHua- meat^ promulgati > Lafanca difpofitionc delle qualiLeggi doueua canto piti rafTegnacamence cfTeruarfijquanco che ha- ueua 11 medemo elcica la ftrada giucitiale >e li ricorfi fatci al Soinmo Pontefice Regnance > zelaattffimo del giuHio , erano fiaci rimeHi a fuoi Giudici i di che non fenz'vna sfacciaca in*' ingiuria poccua dolerfi) come parC) quod vbi agitur de ncce infltda per maritum vxori lux non in aclu deprghcnfionis piuf- dem in AduUcrio , fed ex inrcruaMoi Tola fufpicio quantumuis vehemens non fufficiat ad eximendum a poena ordinaria legis Corttelia de si car. ,(cd requirituriiquidi^ma probario Adulre^ t'li I quemadmodum cxaduecso practenditur * cuius tamen con* trarium nos probauinius in prxterita $. ^uamquani ad hoc , 8c tradunt ibidem non allcgati Bond. confult.97.mt»,i6. in fine , Sari' ftlic, decif.jij. nam, i z. , Afuta dec'f. 6(> num. z. . vbi quod fuffi* dt« quod reperiantiir in oianGone foli , & num.i, , prasfemm ii tiiuiier erat palchra , Mafcard. de prohat' coucluf, 6 : . nitm. i.t& inob.feqq. » vbi refert illud Ouidianum L's eflcuia forma magna pudicitine , Mt vir illam defiderabat , proiit in prsfenti iuxti aliud eiufdem Auchoris «f lHuene , & Cupido credatur reddita yirgo ? In prsfeuti tumus in cafu ncduni iiquidiilims probationis> fed fadinotori) » quia h^benaus Decretum huius Tribunalis , pec quod hum fmodi Adulreriucnfuir canoaizatum > cuius vcrba_» quamuisrclatajn ptxienci ii-iiox imixoac %.^bfque eo, quod pia- cct hk repcjcrc.quia funtnimis clara, ibi - lofeph Maria Ca- panfacchide Aretio pro complicitate in fuga » dr deuiatiotie Franci- fcs Comparma t & cognitione carnali eiufdem retegatus per triennium in Giuitate f^etula • Non autcinpr«rerirepoflum> quod adhuc prxtendatur, quod buiufmodi Oecrecamfaeritreuocatumj quia» vc dixi in In- formatione > Veritas eft in contrariuni ; folum enim habemus , quod in mandato de excarcerando Canonicum delinquenreni , omifl'a reUcione totius Tupra relati Decreti , fuit di^um -- pra caiifa,dequa inaHis , qu« verba tanrunj abeft , qood prasfcfe- rant dtdatn reuocationem , quinimo probent eiufdem Decre- ti confirmacionem > vtfirmauioaus in InformationeS.T^ecw- rum «^, quod idem dicendum vcnir de (imilibus verbis adhibi- tisperNotariumin obligationc quam fecit Francifca Pompilia dc habcadu domum patris pro carccrc> cum a Monaflcrio , vbi fccorcperroancbdcfuitad illam traduda excaufa (uppofita in- firmitatis , fed vcriiis dicam , prxgnantix, quam malo fato ve- in it abfcoodcre . Tauto m3gis, quodifla prastenfa Decreti reoocajio noo potuiuct fieri altera parte non audiia, qacmadmodarn dixi in Informa- t ione S • Eoque magis , . A S»cu« [ccxxvii] Sicuti prxterire non poflTum , quod dicatur Canonicum fuiflfo condcmnatum folum in pfoaai relegationis ob dcfedtum pro- bationis Adulterij ; Si cnim buiufmodi probatio aon exmifTet* quo iure potujflbnt Domini mei Indices exprimete in Oecre> to, quod ilium condcuvnabant procognitione carnali eiufdcm Francifc^ Pompilt^ Veritasitaqueeft , quod ludices habue- runt pro conciudcntiflimd i^ftificato dictum Adultcrium , St di^um Canonicum dc codem conui(Stum9 cum in ProceflAi nil aliud deeflct > quitn deprzhcnfio in illo aAu obfcsno, qu4soL« noneflrcnecefTariamadprobaQdum Adultcrium > inhistcrmi- nis fcripflt oiffli^. in Confiittitionejt maritus mm. 4. verf, & ponde- tAi &requuntur J^ fed quia id non refpicit O.Guidonem.idcd etiam hoc pariter tran*^ feat i Vtcumque cnim fit quifaam negare poteft , quin idem^ D. Guido perleAo diSto Decreto > quod glofla nou indigcbac , jure debuerit jrafci de violata fibi cooiugali fide * & quod fi po- Rei de huiufmodi viotationc vjndi£tam fuQipfit aliqualitcr non fit cxcufandus , Textus eft in l.ftAdulteriutn ;S. §. imperato' res ffi ad I. lul. de .Adulter, t & in I. fi quit in graui i.fiquis mdriens in fine ff. ad S-C. Sytlati. , & tradunt DoAores per nos plena ma- ou eoageftiin pr«ercHta §.£( conciliando . Etquidcmqiiamuis huiufmodi viadi(f^am fumpferit ex interual- lo. vt plenilfimd fuirdemonftrarum in difta prasterita Informa- tione %.Nee verum pfl.'xta. vt pauci Oo(5iores fine, qui contratium tcneant,& propicrca hsreticum feri fit de veritate huiu fee fen- tentix dtibirare, vtinquit Soccin.fen. conf.-j^. »ttm.i,lib.i.ptxkt- tita Cfim ilia fit rccepta in omnibus fere Tribunatibus Mundi « fignantdrin illo SacrsConfultx, quae normam przbet cxtctis Tribunalibus Vrbis, & totiusStarus Ecclcfiaftici , ita vt ab eius opinione rccedcre ad inftar quoque facrilegi; cffc affirmct, CoHciol. aiUg.9%, num.^i. , &• allegat.97. nuni.9, £ftaurem puichra prxrenfio velle Aduiterij liquidiflimas proba- tioncs exduderc ex didjo ipfius Mulietis dc illo conuiAae , & iWius occafione. vt iogenu^ fatccur Dominns mens Procurator Gcneralis Fifci , in Monafterio retentas , cum fcilicet non ce- nereturnequeio Afticulo mortis detegere propriaoi turpitu- dincra , vt probauimus indiaa prasfenti Informationc i.ft qua>i tenis, & §. feq. • Er cmn jpfa taz\f, , oe dicam peifime vixcric in pernicicm honoris, & cxiftimationis fui Viri nullam ci ioiudain urogamus , fi praefumere volumas, quod ncc in mortc volucrit reO pifci, luxti illud -• Cbi mal viue , mal tmore -- & quia nemo nee m mortc pr?fmniturSanaas Joannes Baptifta, vtin Infor- mationc % t{ec Valet dici . Firmoitaqudrcmanente, quod O. Guido iuftam habucritCau- lam occidendi , fine occidcrc facicodi Francifcam Pompiliani Vxo- [ccxxvinj \ Jiorem ; Idem neceffmo diceftdutn venit quoad homicidial Petri , & Violantis Soceri, & Socrus , quia in Proceffu fabric*. to occanooe fug» didas Francifcas Pompilic A viro etnerCtt CtUm probatio. quod ipfi confpiraruot in illud idem deliflucn, eonrcq«entcr fucruntin caufalasfioois honoris, &cxiftimano- nis ciufdeoi D. Guidonis. quaj etiam honoris IxCio exco rclbl- labat.quod ipfifuppofuerunt,& palani omnibus fccenuicquod ejus vxor non crateorii filia.nec legitime gcnita.fcd filia mcre- iricis, & poftca illam receperunr in Tuam Doraum , poftquam fuit declarata Adultera,aut cnim ipfa cratipforum (ilia* & ooa debuiffcnt hoc ludicialiter negarc.aut verdoon crat filia^& occ dcbuiffeni illam rccipcrc in fuam Oonum , poAqu4m fmt dc^ Adulterio conuida, cum talitcr agendofado ipfo dcciaraucrinr fc ciufdem Lenones fuiffe , & effe vclle i /. 2. §. Lenoeinif I Mariti Umtinium ff. ad I. lul. de aiu\t. I, 2. C. fdem , Mmoeh. dearbitr. caf. 5 J4« film, 23 , Farinacc. ^» & demum vbi agitur ad ponam extraordinariam , qucmadmodum & nos admiHaius in noftra Informatioacj ^.Pr£fertim . Sicuti autem Canfa honoris relcuat DomiAiim Goidonem i poenx ordinaria homicidii.ita eum relcuare debet ab alijs quibuicum* que poenisordinari/s appolitis in Bannimentis, & ConAitutto- nibus A poftoltcis contra deferenres arma prohibita. feu com* mitientes alia delidla ; dixi enim , & repeto , quod iudus Do- lor, qui eum cxcufat ab vno Delido> excufare quoque debet abaliis, cum Temper, & vbique miiitet ratio, quod ipfe noa fuerit in plenitudine Intelledtus luxrd latd firmaraia Informa- tione^ §.jigaofcit Fifcus, vfqwad § .^ovenad Litem, £t ficuti ifta Caufa eft fufficiens ad confequendam roinorationem poens refpe^u D. Guidonis , iti pariformirer Aiffkiens repu- tari deber ad illam confeqaendam fauore eius Sociomm , qui tamquim Auxiliatores puniti nequeunr maiori poena . quam ipfe Principalis iuxta innumeros fer^ Dolores, & quide'm ma- gfli nominis allegatos tiim in prxterira §, ^ua dilia fmt » cum ftq. turn in prasfenti §. Ferum,& Soeiot, quibus exaduetXo nul- lum fuit datum refponfum. Facilius veto tetpeQ u Blafij A goftinelH, qui nemiqudm raffiis fuie aliquem occidiffc , fcu vulnerafle, fed folummodo adftitiffc, vc prxuentiud perpendimus in Informatione §..^oad Blafium* £t quoad Domiuicum , & Francifcani vltr4 deduda fauore aliO' rum , ipfi funt forcnfes, qui proptercd non ligantur Bannioien- ti« Gubetnii ( quibus non ligaatuc alii > qui non (ant de Oiftri- A z &a) flu ) nee Conftiturionibus' ApoftoHcis Armorum deUtioncm prohibcntibus , vrdiximus in praeterifa S ^«*« faeilms . Muito magis cum Dommicus adhiic aflferat Ar cilc sfatc minorenik proutpro talifuerardifcriptusin Proccffu/b/. ?o4. &. rclpcflu Francifci v|tra prxdi^ani dcfcriptionem > de qua m eodeia^ Proc/o/- i^.habeamus fidcm Baptifmatis, que concladentcr probatstaretn > Buratt.decif.-j^. num.i., & detif wj.num'io. par. 1 2. retent. pams cnimfuit die 14. Fcbruani I674. quoAr, vtrcmporccomnnilTi deli(ai)quod attendiiur adeffedum pu- nifionis iuxta Cloff- »« l-fcia»t v, moritur ff de legit, hartd. , Marfil. in I, Infant, num. i ?. ff. ai I. Corn, ad Stcar. & in /. de tninore , n.o-o. ff, de quifi. > Clar, in praS §.fin, qM^fl. 60. num. 4. » Tiraq, de Pern, temper, eauf. 7. »«w 8. , Menoih. de 4rbitr. caf.3 29. nam. 22., Cam- pan, refol. 2. num. 22.) nondiim cxpleuifTct annum vjgefimurn quarrum (ox aetatis; l^inori mini vigmtiqutnqueannis e(l poena minoranda , /. fere in omnibus ff". de Regul. lur. • /. aut faEltLt i.Perfona ff" de Pfu., LAuxiliutn §.In deliSit, & I. ft ex Caufa §.Nitnc in mmoribus ff. de minoriL eap. hoc fit pofitum iS. qusjl. 7. , Sartol. in /. ijuid ergo §,Pana grauitr. ff. de his , qui not. Infanut Marfil. con^.t^^, »«•». S4. , yulpetl confiLOh num. 10., Prat, refponf Crimiu 25. num. 46, , Farin. quaffs^- »«»).4i> > 0-feqq. Odd. de Re flit, in mtfgr, par. 2. qusfl. 80. nun. yj. ,& pluribus feqq. , Baron. deeffeSl. minor, utat. effrii. |o. num.i., t feqq., Narbon. de atat. annor. z-i.quifl 4^. ptttfertim Uttm.6. , D. Rajnald. obferu. par. 2. cap. 1 4. in Rubr.n.ijo , & 274. cumfeqi . Thejaar. dec. 161. num. 4. , vbi innebtt tn ludices conirarium praO'cantet , & na. feqq. £t qutddmdencceflirare, non autem Iudicisarbitrio>quii huiuf. modi p$nx niinoratjoprocedit ex Beneficio i lure imrodudo , & ex CauTa inrrjnfeca delidum minuenrc* Ancharan. quaft. ^S. num. ;. , dr 4. lib, 2. , Odd. leftant de commmti diSa par. 3. qusfi, 80. num. 91 . , Farin, diHa quafi. 92, n.i6t., &• l6$.. Baron, d. effii.io. num. 14* > vbi quod ludex alitor factens renetur in Syndicatu , dr numeris feqq. , Sabell. atleg 6. num. t ot.pofl Tom. 2. fummit. Prat, refponf. crim. 25- ^ttrn, 46. . D. Raynald. diilo cap. 14. in SMbr.B.iiiS» Thefaur. di6la dec.i6\. num.6. licet vcro non deiint , qui conrrarJum rentiant,qaod fciiicitto- tum pcndeat ab Arfaitrio ludicis, noftra taoien /enccntia eft ve- rior V & rercptior fairem in Crioainlbus > qua: non (unt de ,atro- cifSniis , vr diHinguendo tradunt Spad. conf. 1 10. num. 1 5. l>b.\. , Farinact. dilia quafi. 91. num.ioy. , Canpan. ref. t. num. z6.,& 5 j. ibique Oril. num.i.6 & 7.. & quod ibi diii^^um eft foium arrojf, vciatrocius ludcx teneatur ncceflitafe officii poenaoi minorarc vln^ mox allcgatos Thefaur. dtBadec.y6t.uum.s. Et quod iixc fcntentia locum habrat in criniine homicidij , noB obftantc difpoHrionc Tetm in l.ft qun te Reum Cod. adl.Cor- ntl.de Sicar. ibi-- Si quit te Reumlegis Cornel::: feceut lunoieutiaput' gari trimen non adttlta xtate defmdt conuenit ■• quia difpolitiohuius Tcxtus caliter inrcrprctari debet * vt nempe miaoc Dcliuqucns non [ccxxx] J'har, vQt.io. num.16, par. 2. Orit. ad Campan ref. «. aum.S. D. Ray- nald. diffapar.2, cap. 14. in Rubr.num. lizverf fecit quandot & verf. & quod ad minor andam Chartar. decif. crimn. 78. num.6- Nefcuuusquo fc verterc pr«tcndat Fifcis pro deftrucndis hifcc iuridicis fundaotentis , quia Domini mei agenresipflus Partes nee in praeterita y nee in praefenti quidquam motiuaranc circa^ przdifta. quotiefcumque vero prastendant hancnoflram ex- ccptioneineiiderecuniScarutoFloreotiaE/f&:{.r«6r. 33. qualitec minor 16. annis ddinqaens puniaturin criminaiibus , pluies luppetunr re(ponfione», 9c Prim6> quoddirpofttio iiuius flatuti non cxtenditur ad deiitfla^ coinmiOa extri Territorium did^z Civitatis , fed locus ddicli « eiufquc ilacuta attendi debent , iftis veto ceflfantibus, proue in_» przfenticeflanr.quiabannioienrahuiusGuberoii , vbi agitur depunirione quoad forenfes locum non habent ex defedtu po* teilatis Principii, (cu Officialis iila condentis ex ailcgatis in prx- tcrita §. ^u* eo facilius, & §. feq. tunc delinquens puniri debet fecunduoi ius commune BartoUn l.cundos Populos num.'^9.& 50. \bxc\\ic cmm Bali.ttum.^^.& feq.Cod. deSumma Triniu «i* Fid.Ca- tbol.,Farin.pragm.crimitt. par.iMtt.D.num. 1 07. Sccunda Rcfpondo edi quod ftatutum nil aliud dicir, quam quod minor annis decern > & fex non poHit puniri poena ordinaria_* delicti > confequent^r operari debet in hoc cafu , quando vero agitur dc minorc cxccdente didlam xtatem 1 Ted minore annis viginti quinque , Kegula defumi debcta lure communi, a quo didlum (tatutum in laiicafu paflluam rccipit ioterprcrationcm , vt in punfiohuiusmet ftaturi confutuic A/4rrM« i^/in. inter Hat, crim'tt. diutrf. in fol. torn. 2. conf. 1 io.»Mtn. i a. (equitur Caball.dilta refol. crmin. di£io eaj. i J4. num. 11. ad medium , vbi tcitatur fe vi* diflTe ita pradiicari pgnam minori annis 25.niaioritatcm decern^ & o Tom quia eadem Ciuitas Aretii habci propria ftatuta Soccin. Sen. d.conf. j* fium.j. vol.\, Rccurritur enimad ftacutum Ciuitatisdotninantis , cum aliarCi- vitatesfubir^x non babcnt propria , fecusniUa habcant pec Ten. in. I. it tfuibus si.uhi Bald, tium.6. & Citfiraif.nu.2.in fine vetf, fattt etiam ff de Itgib. Stain, d. tonj.y. god. num.7, vol. i. idem Caflr, conf. 1 29: nu7n-\.lib, i.Gabr. conf. 29. vum. 47. /»*• 2 Mendof. in addit. ad Upman. eonf.ixi. circa finem , Ret coram Cocein. dec, (45 (• num. 6.& coram Duno^.Iun. decif. gjj. num-ii. &" iarec. dec.107, num. 17. &feq(}.par.\i, Itaque lunt conrraria , velfimul incotnpatibilia Oration. difcept.p. num. 1^. Potxwam Duno^. lun. diSa dec.9i7-nttm.\9.& fe qux ex aof!ro debili ludiciodiuinari non poruimus > fupphcoilta benign^ communicari« ne Pauper Inquiifitus minor rcmaneat Indc* feafus • Dcnique refpe^u Domini Guidonisfuppiico animaduerti ad in* f£liccmflatunaipfius«& nobiliseiusfamilix; habueruntenioLj omnes dehac famitia ,eiufquc cognationet quod faris , & vfque ad vltimucn vies fpiritum iugerepoflint, cum refpexerint ad ignominiam eifdeni illatam ab hac muliere > eiufque Gcnito- ribus> propter quam , & dubium in prxfenii eft , quod aiiquis «iam Proximior infanuerir, hoc fan6 didat eximia Pictas Clc- tncntiflimi Principis>& IIIuflrifs,D.nici,quibusip(e(net Inquifi- lusfotocorde fccommeodauit in fuis confiitutis, abfquc eo , quod hoc idem difcant ab ^uOore Anonym.SubtHtSanfaUt.dee.ii7^ in fine . QuarA &c* Defiderius Spretus Pauperum Aduoc, [ccxxxii] lllttftrifu & Reutrendifs. Z7. Vrbis GVBER.NATOIIE In Criminalihus . Romana Homicidiorum. PRO Domino Guidone Franci(chinO)&So' cijs Carceratis . C O ^ T R j^ Finrum . ^plleaiio lurh 2?. Aduocati PauperuM . ROMi£ , Typis R. Cam. Apod. i5^8 [ccxxxiv] j^h,^iS,^o&- J^itMIW <0 /2**^* -ff^ffi^ '\tJiU> V«2*tW 0(tl4L«v«- atxixdJ \u^o\>J fiejf t y ^ffC■ cav*' '^ft if v/<'5' 0^u**» ^l^wAMJ ^3 /o^ >hf*) 4tf(2»3 ^SAAfUt^ovJ ■ ^^-V*- *' ^! [ccxxxv] >i^/^|#i^^A>5t>^^V^^/^^ f^^ / fwk-''5v«-«>»-4-t/»* j;^ Ju£C»< 'U/yUAj-tUyy^'*'^ • ^i-'-o' ^LMr *.^>'^ OJr%e. [ccxxx>^i] ^#!!S«?^ifc«x/ Q/'Zn^ Cccxxxviii] J^^J^u^J^^-^ M*^^ /z^ ? M^J>^y^^:> ^A\^:.4^-^ .^^^^yjfiijr^^. -'<«^'>**'**''^ ^ ^w^/V-^rf-V, •/,*„^' /t,«,-^- jTAl^tf ;*<^ ^'^^'tJ^' f^Vuy^rcSJi e^n^^a^J^JL"^. x^im>y/{^^iJ^e^ a> [ccxxxix] /Sc-^ ^f:^^'*- [ccxl] "^^^^JLJ^ ''^4Lhi LXIwjh cnx.i«^A^ [CCXLI] Romana. llluflnfs. & T^u"'. Dfie. r„r™^,t mfe, & eruditiffimfe habita inter DD.Pauperum Dcfenfo- TQs^ & Filcum in Caiila Homicidiorum per conduftos ho- mines patratoru ma D. Guidone Francifchino in perfb- nam Francifcac Pompiliie eius Vxoris , & Petri, ac Vio- lantis Coniugum dc Comparinis,renui in arenam defcen- dere, ne i proprio , quod cum eifdem DD. Defenforibus ago, munere deciinare viderer; Deditque moras,ac tem- pus indulfit tacita etiam miferatio, nimisenim prxiudi- care credebam cifdem Guidoni , & Socijs pro tali Reatu carceratis,ad quorum excufationem praecipu6 feexhibe- bat caufa honoris , fi tunc voluiflem profequi Defenfam longfe antea mihi commiflkmpudfcitiaj&honeftatiseiuP- demFrancifcx Pompilias, cuius tcneram Con iugij men- tern nulla vnquam impursiibidinisafperflt inFamia,&cui (ufpicax Maritus nihil potuiffet obijcere,nifi Vxorcidiutn fuiflet (equutum, quafi exhocfbiiim Adulterium volue- ritprobare, quod Vxorem potu«rit occidere ,& occidc- rit, vtcrederetur Adultcra. Modb autem,quo, refpeftu Carcerttorum omnium j Caufa remandt funeftiflimd rerminata (fie enim definunt , qua: incipercnondebuiflent) reanUmcndo inf^liciffimsqua;- flionis pugnam tutiflimeaffero, quodexlatfededuftis in mea InFonnatione fuper excUifione afTerti Raptusex gra- tia reaflumenda; Et ex latiils cumulatis per Illuftriflfimum D.meum Fifci Aduocatum in fuis doftiflimis allegation!' bus in vtraque Caufx propofitione diflributisjabfoluen- dam omninb effe memoriam prxdifta: Franciftaz Pompi- \\x ^ fibi iniuftfe, & nimis animosd per Virum impifto Adulterijcrimine ,& per definitiiiam Sententiam decla- randumipfamMaritale foedus non violaflej Abfqueeo, quod incongrua. videatur talis Jnftantia,nam quamuis per mortem omnia delifla cefTent, vt per TexLin I. Defunhlo^ vbi Glofs& ^''D. ff.de public JeliB. & in hSenatufconfuU tm-i %.Si propter '^ff.adTertuUian. &in cap.^uorumdam^ diiiindi,22,x.V2iCiVLnt Eugen,conf.2 1. fjum.2.t ^.Canonicus A ^«'- [CCXLIIIJ fPaiHaldJnJyntax.rer.crimiftaUow. i .cap. 2.§. i .nunter-jS- ver/lEt guaridorcuSi& fom.2.ca/>.2iS.t.2.& ^.ttum.2l^ Carpzou.in prax.crlminal.tom. g .quaji, 1 4 1 .num. i. N ih i- lominus quando deliftum eft atrox , &eius nature, vt in- delebilem infamiainotam Tecum trahatjeius mcmoria fem- per durat, ac propterca intereft D. Principali ipfuis Au- ftricisfamamabafTertoAdulterij crimine vindicarcj vc opticnc tradunt Eugen.conf,2\.num.s.circa'med.Peregrln^ 4e lur,Fifc.Ub./\.tft.5 num.^$. ihi : Decimus feriius ca/at fffl^ ctitn Harcde: defunSif adpurgandam infam'tam , qua fuhUci(ontra defunUum lahorat deaUquo crlmine^ vo- lutttt odtuendam Him innocent iam , qttoddc crimtne ipfo fognofcatuTy nam idferi iurc conccditur s Bop. troHf, cri- niinal.tit>depQenti-i num.ii\.prop(fin. ibi ; Et nota omnlnd^ quodetjimori toUatpoBnam-^ t amen pot efi Hares def until frofama^ ^ honore eiui inffare^vt declareturfuper eo cri- mine 3 Caball.refclut.cr'imlnal.caf.2^%.num.ioXti\ ; ^uod licit mortuQ delinqueniejit eict'inBium crimen quoad per- fonam Ip/tus^ tamen Haredes ^Ipro ear urn inter e/Te^ ^ furganda in/ami a defunBhpo^unt petere , qaodprocedO' tar adScntentlam } ^ decimeter def unburn non commi" Jij^'e dellHum ; idemque firmat |n nam /egg. Etquidem non fine inanlfcftarationc, nam ficuti Fifcopcr^. niitcitur procedi ad vJteriora in cognitione delicliin viu defunftiperpetrati, vfqueadillius memoriam dam nans- dam, vt ex Text.in 14-C,ed I'Miam ^ale^, ^ In Lfinal, ff.eod.^ in ^.i.lnjlltutje public. iudic, zAntnwxix. Eugen, dtat,eenf.2\.pertot.^,Canonicus Raynald.di^.cap.%. %. i. xerf. Et quoddi^ui ^us^ ^ verf, Et hoc in cafu j I ta pa- riter den^gjiri non poteft D Principali, tamquam H«re- di beneficiato j&Succcffbrieiufdeni Pompjlia:, & Petri Comparini, quin, dum de illius innocentia conftat, inftet pro Sententia abfolutoria reportanda , ciim ali^s quilibet admitti poflitaddefunftum defcndendumjVtmonet Glof* in cap.^amnationls 2^.quaf1.2.& ISeruum quequCif^e procur.^enia ad Emericum in dire^,Sac.hiqul fit part, 3. £omment.^2.ver/.Ha€ accuJatlo^(^ver/,^^ qulsautemt Deelan.tradiat,crim)n.tom.\,lib.s.cap,5T.num.\Q. T>.Ca^ fionicus V^aynaldxitat.cap.2,%. i.num.7%, verf.Et hoc inca-* fUi circa med.. LccxLiv] Nec Kec ad hulufinod i Sentefttlam retitdandam iterum allegari mereturfligaperdi£lamPompiiiam ctpcain fbcietate.j» D. CanoniciCaponfacchi, cum quo in Hofpitio Cailri Noui Carceribus mancipata futt; vltra quod cnim pro ea remouenda fuflficeret allegare ludicatum huius lUuflrifs. Congregationis emanatum fub die 1 8. mentis Februarij proximo praeteriti aduersils Guidonem Francefchinnm, perquodfuit publice morti traditus Tub die 22. fubfb- quenti , non obftance) quod ad pccnam Vxoricidij eua- dendam vnic^ infifleret fuper aflerco AdulteriO) quod ex prardifla fuga ab eius doino refultare prxcendebacur) ceflacquxcuinqueinhonenatisruQNCfo ex defenAoaibtn tunc faflis , & ex ipfb ProcefTu de juftidima caufa appa* ret) propter quammiferrimaVxorhuiufmodifbgam & domo Vtri arripere conata fuitjnoiiquidemex cauia ex- pleodae libidinis cum aflferto Amafie 9 kd vt ad proprios lares remearet) ibique , & apud Paientes tutam, & hone* Oam vitam viueret ', Quam fani caufam Qptim^ pras^o- runr, neiduni nociflimatargia ftatlm exorta pofl accelTain ad Citiftatem Aretinam vna cum Pttro > & Violante de.^ Comparrnis in exequucionemL conuentionis in capitoiis Matrimonialibus inferta? . propter aoguiftiam-rBi iimiUa- risiitaut coafti fuerint port paucos menfes Vrbem repe«» tere^non fine maximo moerore ob deceptionem deteftam, vt conlUt ex^piftolis Abbatis Pauli Francefchini) queri- moniasexdifladeceptione refulcantes praefupponentivi bus, & fignanter ex ilia Icripta d.Martij 1 6p4.ibi : Torno d fcriatrt eiJAS^ cbt non voglh imitarlo nelmodo dlfcrluc" fe y non cficndo da parfuofemtnar terte parole nelle letter re , cbe merit erehbero rijpojie difmti^ e non di parole^ c queJie/Mo offenfiuc djtgno , cbe te eonferuoperfuo rinp* prouero-i e fua ntorttficationey & infra, ibi : Chefe leic'rda- rd de* guai (cbe non credo ma'i) non ne reBerehhe efente-yU pur leJ g'&eK all js cpiftolis recenfitis in prxterita infor> mationcj & fignanter ^.yidem igitur-i cumfefiten.:,c\yix li- c^tqualitacemaitercacionisnonoflendat, attamen dum D.Abbas Paulus non cxhibuit litteras eidem fcriptasjma- xjme contra eumdcm vrget prjBfumptio,querimonias ftilf, le iuftasj & caufam, ob quam conquerebatur , & alterca- bantursfuilTe veramjVt in proximis terminis iirmauit Rcf* A a in [CCXLV] in Rcntatta^/eu NeaptWana Ziherationh i GHoUfti'js 2'J. February 1690. §^ £i magis^ coram Eminentifi. oAr- tbiepifiopo JkUdiolantrh €S in Romana '^J'ecuniariafuper ExbibUio«e 2ula»9 i69'i. §. Ciariu's , coram !?^. /'.©. Verum etiamacerrima lis/nota perPetrum Gomparinuniw (iiper nuUitate conftitutionis Dotis,& probatioiiis fuppo- fltronis partus f&6tx per Violantem Matrem, tam ad deci- piendum Virum,qtiam ad arcendos Creditores,qui de eo tettipore valde vrgebant, & cum Dos comprehendcrec omnia bona, & integrum Comparini Patrimonium non— » exigui valoris 9 in(pe£ta qualitate perfbnarum , mota per Socrum controuerfia fuper confiderabili quantitate_j, quae»vt paifimexperientia docetjimplacabilia odiaj&gra- uiOimas ininitcitlas parere foiec, vttradunt Grantmae. eonf.^6'num./^SZrauttf.conf-TS, num.w. Socc in. Junior cenf.7 1 . num. 1 ^vol. 2PDfcian4ra&af.crinun.lib. g .cap.2 5. ntiw.56.l^ermigliol.ccnf,i2i .nam 5. Farinaccquajl. 49. «»»7.a.Huiufmodi efTcftum in inf^licem Vxorem peperit, itautConiugalisamor lamdiil prsecedentibus altercatio- nlbus turbatus, penjtus extipftuj remanferit , ita , & tali- terjvt ipfa plurieB in prop«'i« vrtffl difcrimine propter Vi- ri fetieritatem, aliquando contumeHjs, & aliquando igncp breuiori (clopuloeam perfequentis , leconftitutam vide- ritjqu^ fand pericula Ikuti dubitatinequrt,qum fmt aptif. fimaadincutiendummetum itj quemlibet conftanteni_, Virum,vt moii^vix. Alex.conf.\ s6,numer.4^Ubr.s. CepolL conf.2.num.^.PariJ'.conf.6Q.ttUw^l.lib^Afafcard.de pro- bat. lib.2.concluf.\os » Jium.^9./ldenoch.depr£fumpt.lib.i. prafumpt.^, nttm.i.Boer.decif.\oo. num. 1 3 . Rotpofi fe^^ tund.vol.eonf.Farinac!.d€CiJ.26o.num.iQ. ^ 1 1. ita multo magis id afllirmandum venit in Francifca Pompilia puella tenets Ktatisj omni prorfus auxilio deftituta , extra pro- prioj lareS) & abfcntibus Parentibus, vt tradunt Menocb. aonj'.x.num.z^o.tib. i .Crauett.conf.i 1 4^.num. i.lib, i .Cepol. eonf.22 1 . num.^.^ Z.A/ogolon.de mct.cap.2.%.6. vbi quod folus vifus armorum} licet habens eis non vtatur , neque ca euaginet} eft iufta caufa metus produfliua , & §. 7. nu- racr.i%.vb\ Confanguineorum abfentiam pro metu indu- ccndo confiderat,Z>.C*fftfWtf«f Raynald,tom.^^ap,2s.^,^, num» [CCXLVl] nttm,3A* » v^' c^y^od, fufficit videre figna , & aflus manifeftjc voluntatis, vel prsparamenta . Ac propterc^ concurrentibus tot releuantifllmis circumftan- tijsjperquasPompiliamotafuit maritale leftam defererc fugamarripiendo, prorsfts cxclufa remanet quaecumque— » fufpicio inhonellatis, &coniiigaIis violatse fidei; Quoties enim habemus diias Caafas, quarum altera efl: licita,& per- nii(Ta , altera verb iniqua, & abominabilis, ea omnino veait ampleflenda, perquam deliflum penitus excludatur, vt TpzvText.irtcap.inptcniideregul.Iar. (^iu I. intcrprteta^ tione ^2.ff.de panh Monent'^ald in I, i. num. lo. Cod dc fer.fugit, Ccnfal. In I. •ottica %. i. num. j ^ 23. de arbitr> lib. 2. caf.8^ num.21. Attento praefertim modo, quo fuga fuit executioBi demand** ta, iter ad Vrbem arripieudo refto tramitej & cum maxima celeritate , quod bene oftendit , vnicum motiuum fuifle vi- tam in tuto ponere , non etiam eam libidinofis obleftamcn- tis deturpare ; fi enim hicc fuilletCaufa principalis, profc" fto ) vel non refto tramite Romam appuliflfet, vbi i Cogna* to , & Parentibus , ftatim depraihendipotuiflet, fed in lon- ginquiores Regiones fe contuliffet , vel non {cilm tanta ce- leritate } fed moram traxiifet extrk publicam viam ) & iti_a locO}in quoj & per Maritum non potuiflet inucniri , &pro- priam libidinem adfatietateoiexalere valuilTet. Qua vtiqufe maxima inuerifimilitudojoptimfe oftendit veri- tatera Caufx per Mulierem in fuis conftitutis addu£laB,quod fciticet ad Vrbem celeriter fe contulerat , vt ibi penes pro- prios Parentes vitam , & boneftatem in tuto coliocaret,.n-> cuti enim ex verifimili maximum oritur Indicium culpse, kJ^ pariter non minor ex inuerifiaiilitudine oriri debet in- nocentiaepraelumptio, vtmonentFtfr/wtfr. conf. 22. num. 24- & defaljii quajl. xsi- numer. \y6. CabaS.re/bl. frimin. c'af 1 4> »«'«»<'•• 3 S'^^rntJgliffl. cmf.ji. numcr. 5. ^ con^ fil. 2$(f. numer, to 1 . Cenciol. refbl. crtm, a 7* nnmer. 2. Idqufe ben6 fuadetur ex ingenua proteftatione fafta perG«* noqicumipfimetMarito, inaCtuajjpraehenfionis in hofpi- tio CaftriNoui ilium de huiufmodi fuga obiurganti ibi — Som Galanfbuemo'i e quelh eke 69 fa$to Phb fatto per le- uare tua^Moglie dal perieolo di morte '^vX. deponit lacobus quondam Simonis Teftis Fifcalis Proc fuga: fol s^- exem- plo addufto in mea allcgatioae fuperfugajScipionis fcilicet *^ A 4 Affri- [CCXLTX] AfFricanr , qui cum i fii's mllftibus fiiiflet capta pulcherri- ma luuenis Vxor Allucij Principis C«ltiberorum,il]am ma- rito refticuendo dixit «•]/%// Spon/i tua apud me eoiem^qua apudSocroi/uoiiparentefgiufvos^VQtccnndx^ (eruata efl ti- bi v/ fHtthhtum^ & dignum me , teqai dari tibl donum pof- fet^vt teRztvktT'/fasZfUius in fuU Htftoryt lib. 26,fol» mibf^9Zf Etiicfet vald6 difficile fit venaftaoi mulierem in Societate Cu« pidi luuenis itiner antetn honedatis decorem feruare » id tamennequaquameflimpofljbile, vc prxfeferre videntur exempla reiata in eadem raea allegatione §. ^uldquid dicat^ qutbus addo illud Penelopis , de qua cecinic Ouidim lib,^. elegiarum . Penelope man/it ( quamuU Cu/tode Car ere t ) ^ titer tam muJfos intemerata proeox . PrjEfertira cum Iter non fuerit voluntariutn, prout neque So- cietas D. Canonicijfed fbium ad euadendum mortis peri- colum , vnde concurrente huiufinodi neccflitate, inappli- cabifis prorfus redditur prajfiimptio, ex Quid, de 9/4rU amandi dedufta ,quod , ^ ^ luuene , €S Cupidocredatur reddita Mirgo . profit nee etiam adpetitamSententiamretardandam, &lnr' honcftat is notam inducendam in Francifca Pompiija , quid-- quam obftare videntur quamplurcs Epiftolaein latrino-j hofpitijCaflri Noui rcpertsPjqujE pr^tcnduntur perean- dem confcripta: D Canonico propter feruenciniimuni Amorem , quo ilium profequebaturjfabfiftunt quippdex- ceptiones , & refponfiones in prxteritis Inforraationibus adduQa: ', Prima (cilicet, quod nonfuerunt recognitx , nee probata fuit identitas carafteris , & adfit incertitudo, ciim non conftet jcuifuerintdireftae, nee fit inuerifimijc quod confingi potuerint a marito 5quicapturjE,& pcrqui- fitioni fcmper adftitit , & qui forlan fperabat ex eis facilitis reruItarepofTeimpiftuinAdulterij crimen, & fuper quo fummopere infiftebatjVtoptatam dotem,& lucrum fiiper- lucrari potuifTet 5 itaut haec Ibla pofllbilitas in contrariuip fufficiatad elidendumjndiciumjquod prsetenditur exeiC dcm defum'i ^of a coram Zudoui/. deciJton.i$2. numer. 2, coram ^^anzaned, deei^nn. S70. numer. 2. &'fequen. & in recent. rectnt. detijton. 64. numer i$.pSrt, 1 7. recent. Et fecunda, quod lic&c tales excepciones non fobftAerenc, adhiic ex eisinhonellatis^&violatae coniugaiis fidei deduci nequit argumencum \ Quamuis enim ex litteris Amatorijs refulta* re valeac Adulterij indicium , lllud tamen in cafu nodro prorfiis elifutn remanet , dum cognofcitur eas cetendiP* fead licitum finem , (cilicet ad alliciendumCanonicum, vc (Ibi opem in fuga prxdaret , & vits di(crimea euitaret j tunc enim,ficuti permidus efl iinist ita quoque permiisa.^» & ilcita exiflimari debent media » quamuis fufpiciofie non carentia , ea enim non per ft fola $ fed propter fincm confi- derantur, vtaduertit Gratiaa. difcept, forenu cap. sSo, numex. 8. Qobb, ct>nfil. 1 19. numer. 72. Quinimb nifi ex lit- teris amatorijs implicita fbrnicationls confefllo reHjlceCa non valet exipfis Adulterij prarfumpcio deduci , vc decU" rando Doflores contrariam (ententiam tueiites monenc Sanchez. Je matrhn. lib. /o ///. de '^'tuorU dlfc. 1 2. qatefi, 3. numer. 4%. , eoque relato , Poller. deComui. cap. 7 nu^ Validllfima prxfertim attenta corifideratione turn propria? continentia^, tumintegritaciseiufdem Canonic i ^ dequo raulcum fidehat J & fperabaCj^ (ecum modeftfe in irinere (e habiturum ^dum ex ciltlem bpinoiis apparet ,ali^s illrus U- centiamobiurgaire ibi — Emimerauiglioycbe'oo'i^cbejie- te tanto caBo^hauete compoBo^ e copiatc cofe tanto poeo ho- »r/?^s& infri ibi — nta-hnonvorrefiCbeTjoifaeehecoiiin cgni cofa , come hauete fat to in queflHlbri > eheil primo i Bat a boneHo , e queFVottaue tut to d contrario , che voi 4a taniboneBo cbejiete , diuentafie tanfardito , ilcbe non cre- do — Huiufmodienimfincera obiurgacio, & tenor Ept» (lolarum,in quibus nihil inhoneftatifiegitur, optima ofleq* dunt, atqud declarant animum Pompilia? (eribentis» ac propterea ficuti verba intelligenda tint iuxta intentfoncm proferentis , ita a pari Cpiflolse iuxta intentiotwm fcriben* tis veniunt interprjEtanda, vt per Ti^um in cap. Intelligent ttUy^ cap. ^raterea de verbor Jignific. tradiint Oldrad. eonf.9.numer.3' Surd. con/. 431. numer. jj, SJifolin. de Rie, Nupt, lib. J. quaB, %%. numer. SQ> Vin- Cecil] Vindicataigitufhoneftatc, &pudicitia PompUiat sk fuga , & Epiftolis , leuioris pondcris funt alia pra:cenfae inhonefta- tis indicia, quacenusdeducancur ex accefTu D. Canonic! adeius Domutn ad efTefhim cam alloquendi , ex modo in- fidiofb , quo fuga fuit pr^parata, &exequutioni deman- data, mediante Ibmnifero viro & domef!icis propinato, mutua deofculatione in itinere,&ex Condormitione in ho« fpitioCaftrlnoui, vltri enim Generalera refponfionera, qubd de his omnibus nulla concludens affertur probation pro vel quod adeflTet aliquod artificiale lumen tene- brasdepellens, qua: fane circumftantia , qnemadroodum efl: omninb necefTaria in Tefte de (k£lo nofturno deponen- te, ita illius omiiTio omnem fidem illiadhnit, vt monent Burfatt. conjil. 34. numer.6. , Vermigliol. con/il. 74. numer. prima , G'lurb. conjtl, Criminal.3^. numer. 41., Farinate, quaFiiott. 66* nuwer.^S. Tolidor. J^.ipa in tra&ait de noBiur, tempor, cap.sj. numer. 7. , ©. Cananicui ^inald. tom.pri^ mo cap.\t.%.S.ad 13. numer. %. Addita vlteriils maxima inuerifimilitudine, quod dum Chifium ducebat eaveloci- tate, vt potiils volatum, quam curfum imitareturj po-» tuerit retrbfe voluciido mutuam deofculationem intucri; Magtfqueaugecur talis inuerifimilitudo ex ciufdem Teftis di^Jto, dum deponic duxifse Francilcam Pompiliam , abF- que eo, quod cognofceret earn efse talem , nili poflquam regrediens Aretium , obuiam habuit Guidonem Frarict- fchinum illius Mantum canderainfequentem, ac propte- rei fi earn vidifset deofculari , profeflb illicb rccognouif^ (et, cum anteapluriesillam viderit, eaque fibj fueritbe- becognita; Ideoqueafserendum omninb venit 5 quodvcl txdio Carceris (ecreti afFeflus ad ita deponendura coaflus fuerit 5 vel quod, vt verifimilius eft, cixm ex velociffi- moChifij curfucontingere potueritcoliifioledentium in,,. eo 5 credideric cafualem approximationem vtriufque.^ Capitis 9 & Faciei, tetendifse ad malum finem bafiacap- tandi , vnde merito pricfumptio ex eius depofitione reful- tans ) fuit in Procefsu fugx contempta, qua: alias fi aliquam uerifimilitudinem inuolueret , in confideratione habita_j fuifset . Tandem long^debilior eftprxfumptioinhoneftatisdefumpta ex alserta condormitione in eodem Hofpitio Caftri Noui , ciim tarn per Pompiliam , quam per Canonicum fuerit in—, eorum conftitutis conftantiflimc negata , (blumque deea deponit eiufclem Hofpitij Cubicularius Teflis vnicus , nonquidem de certa (cientia, fed prarfumptiue , ex quo ilium [CCMIl] ilium requlfiuerirtt de CuWculo cum vntco leftulo, & quia Dominus Canonicus ingenu^ £itetur caufam , prop- ter quam vnicum leftum parare fecit » vt fcilicec Franci- fca Pompiiia , ob eius malam valetudinem , & prazcipitoH itineris ineommoditate, parum quicfceret , ipCo ad ipfius cudodiam vigilante , tafis a£lus non debet trahi ad caufam jllicitam, vt in terminis monct Craueff. cUaf. confil.2o$, fjumer.jf. , &fi9jl'i vh. autner.i S- ^ ait, quodadhuma- niorem partem fcmpercft habenda interpretatio, quam- uis rigorofa videatur, &fi, vt profequitur idem Auftor nutner. 20. , ^ 21. Non (ufficeret ad plenam probationem Adulterij , quod quis repertus fit fblus cum fbia , & nudus ctim nuda » & quod luuenis iaueniatur in Cubiculo clau- io cum Muliere difpefloratus, & Caligisfblutis, quant6 miniis talis prslumptio infurgere valet ex breuiflUma mora in eodem Cubiculo cttflodix caufa . Parum refragante , quod Francifca Pompiiia in eius examine occultauerit huiufmodi moram, afserendoad Holpitium peruenifse in Aurora , quoniam , cilm ipfa e(set optimd confcia de eius Viri credulitate , id forfan afseruit ad pror- sus auertendam violatx iidei fufpicionem , quas certd oriri potuifsct ) n longiorem moram in Hofpitio traxifse fa(sa fuilset j Vnd& (i talem moram non negafset j cum circum- flantijs tamen feruatam pudicitiam fuadentibus , nullum pra:iudicium eidem attulifset confedio, itk pariter nee men- dacium prxiudicare valet, \ttV2nliXtitMarfil.confiL\s. nu- tner.is. j Bertazzol. confil.Sjf. nutner, y. lib.primo , l^crmlgl. conf^S. nunier.20.t^con/l2Ji.num.y.^ Fari»ac.conf.i^2, n. 1 1 .ad med.verf.ttlm efiant, (^ con f. 222. n. 1 4.,(^ quaji.st. n.i^.^&fegf. Caeterum quamcumque pratenfaE inhoneflatis fufpicionem^ prorsus eliminat aisertio infelicilTimaE Mulieris in Articulo mortis emifsa , poflquam plura Ixthalia vulnera per Virum inf]ifta fuere , quod nunquam coniugali fidei defecerat > vtoptime con flat ex quamplurimis depofitionibus Religion forum Virorum , qui eidem in articulo mortis miniflra*- bant 5 afserentiura ipfam ftmpcr ^ Diuina Clemcntia_j exoptantem audiuifse , n^ pro tali peccato venia concede- retur, quaivtiqueafsertio in articulo mortis emifsa, om- nem LCCLTV] jjiem fidem meretur , cfimnemoln eo flatu coh/lltutusj prjBfumatur adeb i mmemor Saliitis aeternsE , vt mentiri ve- lit , vt tradunt ^Slatta confil. 5^7. numer. 1 8. lib. ^. Calder, conf.i 5. ///. de vfur. , iMenoch. de prafumpthu, lib, s.pra-- fumpt. J. numer. I. ^ Farlnaccquari. 1^6. numer. 3/. , De* clan. tra&. Cr'im. lib. 5. tiLde defenf.Keor.cap.37.n.27.Card. de Ltic.de Regal.difc. 1 1 g.namer z^^^de legat. difcurf.27. num. 1 o. Demum nullum fundamentum ad redarguendam prjefatat FrancifcjE Pompills memoriam deinhonefla vita conflitui poteft fuper afserto decreto huius llkiftrifllmajCongrega- tionis, perquam condemnatus fuit Dominus Canonicus Caponfacchius in Triennalem Relegationem in Giuitate_» Vetula,cumexpreffione deuiationis, ac cognitionis carna- lis eiufdem Francilcae Pompiliac, vltra quamqaod enim , vc admittit ipfemet Filcus, me inftante fuit deoiandata, licet nonextenfa illiusmoderatioperDominosJudicesjnuftrir limo Domino meo approbante , & ob id in mandate de ex- carcerandojfubticendodifta verba, fueruntappofita alia ; Pro Caufa^ de qua in aBis . Remouetur quscumque difficultasexfbia ponderatione_j , quod tale decretum emanauitj nondilro afllgnatis defenfio- nibuseidem Francilca Pompllisjeaque pcealtils inaudita , qusde illo nullamniinimam notitiamhabuit, cumeidem non fuerit notificatam ; Quinimb in decreto affignationis domus loco Carccris fuit tantilm cxpre(sa caufa relatiua adafta/ Vnde eldem obefse non poterat, tanquamema- natum contrk Tertium ipfa non citata ad Textum in leg.de vnoquoque^ ^ in leg.fiephff.de re iudie. firmauit ^I^ta coram Dunozett.^ un.decij.7^7- numer.^ ^(^ in recent, decif. 392. numer.s.part.iZ. recentior. Etinterminis quodfententia lata contra Adulterum non noceat Adulters non citatE , eft Text, in leg denunciaJT»%. vltimoff. ad leg. lul. de oAduh ter. verf.ficondemnatui^ Ibi : Si condemnatus fuerit , &lfa- Iter per eum non cBcondemnata , fed aget caufamfuam &c. $iitTa.6\tCaroc.de exception, except. 97. numcr.primo ^ ^ feq. Potidlnium cum modo non agatur de abfbluendo Marito ab vxoricidio, acinducendo iuftam caufam ^ credulitate_j inho- [ecLv] JnhoneftatisVxorisexdJftodecreto refultante k pcena_j fe(^. Cornelia-, ilium excufanteoi ,quo cafu immutat/o pr«- di?liDecrcti pote;rat forfan inferuire de vcnto , itd de_* damiianda mcmoria, Mulierls defunftas , & de irrogando eidem , ac Familix infaniiam, quo cafu , ficuti non poterat contumacidJe dccrecum eidem obefse in Vita , ita pa- rit^r ) nullum prasjudicinm afTcrre valet poft mor- tem . Quare &c. Antonius Lamparellus Procurator Charitatis . ^ U'i^z^ y*^-^ cTg^^^*^"^^*"^^ =^^^«^-^^^=^^^, [CCLVl] Jlluflrifs. ^ Reuerendifs. D, GVBEELNATORE IN GRIMINALIBVS s I r E Excel lent! fs. Domino VENT VRINO B.omana. F /i o D. Hxrede Beneficiato q. Frandfcs PompilisL oDm vxoris q. GuidO'* nls Francifchinl. C O N r ^ e/f FiCcxim i &. litis Gonfbrtes * Fadi D. Procuratoris Charkatis . Romx , Ty pis Reu. Cam. Apofl;.i<$p8. rccLviii] INSTRVMENTVM SENTENTI^ DEFINITIVJE Latx pro reintegratione famge , 6c exiftimationis quondam Francifcae Pompiliae , olim Vxoris quoadam Guidonis Francefchini de Arctio s necnon abfolutorige ad fauorem D. Dominici Tighetti vti hgeredis beneficiati eiufdem Fran- cifcae Pompiliae ab omnibus inquictationibus , moleftationibus , vexationibus , 6C perturba- tionibus illatis , 6c inferri comminatis a Vene* rabili Monaftcrio S. Mariae Magdalenae Con- uertitarum ad Curfum ; vna cum Citationibus legitime exccutis*pro feruatione quatuor Ter- minorum ad docendum de appellatione , illiuC- que legitimaprofequutione , vt eadem fenten- tia tranfiret, prout tranfijtj in iudicatumob non interpofitam appellationem . IN DEI NOMINE. AMEN. Nno Domini mlHefimo fexcentefimo , nonagefimo oftauo, Indiftione Sexta, Die verb nona menfis Septembris Pontificatus autem Sanftiflimi in Chri- fto Patris J & D. N. D. Innocentij Diuina Proui- dentia Papae Duodecimi anno eiiis oflauo. Ha;c efl copia , faie tranfiimpturn infrafcriptarum Cita- tionum, & Senteotias per afla mei faftarum,& latse refpefliu^jte- noris (equcntis , videlicec . llluftriflirao, ^ReuerendifTimoD. Gubcrnatore in Criniinalibus. Citentur infrafcripti exaduerfo principales, & aliis omni&c.ad comparendum in Gongregatione Criminal! Die craftina , qua: erit 19. currentis hora fblita Congregationis, necnon videndura reii-erari omnes » & fingulos tcrminos fubflantiales mal6 forfan , niilliter, &indebitfe tcntos, habitos, atquejferua os in vim quanimcumque facultatum , abfolui Inftantem a cenfuris , qua- tenus &G, concludendxim , condudique videndunvJn caufa , & audiendam fententiam diffinitiuam in forma ad p* d, inftantc D.DomkiicoTighecto Ha;rede Beneficiato quondam Francifcac Pompilia vxoris quondam Guidonis Francilchini principali , fiu€&c. Charitas Notarius. Illuftriffim'us D. Franciftusde Gambis Fifci,& R.C. A. Procurator Gcneralis . D. loannes Maria Serbuccias Procurator , &Doroinus litis effeftus q.Guidonis Franci fchini . D,Francifcusde Paraccianis ProcuratorVenerabilis MonafterijS. Maris Magdalenje Connertitamm ad Curfum pro omnl &c. ExaducrfoD. Procurat-Fifcalis Gen.& dixit non pofle aliqua dari fententiam nifiad fauorem Fifci, &quatenus,&c. inftat fibi dari Dubium ad effeftum&c, & interim non deucniri ad ali- quam expeditionem caufejnifi relata caufain plena Congrega- tione ,& de voto Dominorum deiJla , ac conftituto aduerfario in carceribus , citatifque omnibus interefle habentibus alias &c. hacdie 18. Augufti idpS. Francifcus de Gambis Fifcalis Generalis . Feci perfbnaliter contra Fifcum difta die « & domi dimifla copia.-s contra alios j 8. Augudi i dpS. BaJatrcfins . Aloyfius Pichius Subftitutus Filcalis Generalis . pie decima nona Augufli idpS. Relatione f&Qa. cornparuit D. AntoniusLamparellusProcurator, Si. petijt ,• vt fupra : ex tunc perllluftr. & Exceilentifs. D. Marcus Antonius Venturinus I. V, D. lUuftrifs. & Reuerendifs. D. Alma? Vrbis Giiberna- toris in Criminalibu^ Locumtensns (edens. &c. (enteiitianit , prout in cedula , quam prsmanibus ac^cepic, vidit, legit, & fubfcripfit , & ad publicandum mihi Notario tradidit > ik con- fignauit tenoris &c.& ita Sec. prProcurat.Ven.Monafterij,& Monialium S.Marix Magdalenx Conuerticarum ad Curfumjpro omni &c. Feci prima Septembris 1698. Moiinellus. llluBri^mo p'irhh Qubernatore in Crintinaiibas -tfiuc Excellenti/j^nto ^.Venturino . Die tenia Septembris relatione fafta comparuitR. D. Alexander Caflar Procurat.Subflitut. Charitatis pecijt , & obtiniiit , vc fup. Gitentur Infrafcriptiad docendum de Appellatione ^ ciufque legi- titna profequutione j.prog.adp.d.inftante D.DotninicoTighet- toHsredeBeneficiato quondam FrancifcaePompilit'ejolim vxo- risquondaai Guidonis Francefchini principal! 9 due &c. Charitas. D* loannes Maria Serbuccius vt) Procurator, ac Dominus litis effeftus didi quondam Guidonis Francelciiini exaduerfb principalis . D. Francilcus Paraccianus exaduerfb Procurator Venerab. Mona- fterij,& Monialium San£l£ Maria: Magdaiena: Conuertitarum ad Curfum pro omni &c. Feci tertia Septembris 1698. Molinellus. Die quarca Septembris 1598. Relatione fafta comparuit R. D. Alexander CafTar Procurator fubflitutus Charitatis petijt , & obtinuit, vtfupri. Gubernatore in CriminaUbus j fiue Ecellentiffinto ^J/entarlno. Citentur infrafcripti ad docendum de Appellationcjeiufque legiti- ma profequutione 4. pro 4., & vltima dilatione > & decretum &c. ad p.d.Inflante D.DominiccTighctto hasrede beneficiato quon- dam FrancifcK Pompiliae olim vxoris quondam Guidonis Fran- cefchini principal! , fiue &c. Charitas. D. loannes Maria Serbuccius vti Procurator , & D. litis efFeftus q. Guidonis Francefchini exaduerfb principalis . D.Francifcus Paraccianus vti Procurator Vcnerabilis Monaflerij, & Monialium S. Mariae Magdaiena: Conuertitarum ad Curfum pro omni &c. Feci 4. Septembris 1698. Balatrefius . Die 5. Septembris 169S. Relatione fafta comparuit K.D. Alexan- der CafTar Procurator Subflitutus Charitatis perik , &obtinuiti vtfupra. ^ ^ Quam quidem Copiam ego Dominicus Barloccius Curia: Caufa- rum Criminalium Tribunalis Illuflrifs. , & Reuerendifs. D. AlmaVrbis Gubernatoris pro Charitate Notarius, licet per alium mihi fidum ex fujs propijs originalibus extraSa , cum qui- bus fafta collatione concordare inueni falua femper &c.m fidem pramiflorurafubfcripfi , h publicauirequifitus. Loco;^figni prardiaiNotarij. [CCLXII] The life in me abolished the death of things, Deep calling unto deep : as then and there Acted itself over again once more The tragic piece. * * * our human speech is naught, Our human testimony false, * * * it is the glory and the good of Art, That Art remains the one way possible * * * Of speaking truth, But Art, — wherein man nowise speaks to men, Only to mankind, — Art may tell a truth Obliquely, do the thing shall breed the thought, * * * So may you paint your picture, twice show truth, Beyond mere imagery on the wall, =|! * * So write a book shall mean beyond the facts. Suffice the eye and save the soul beside. TRANSLATION [i] 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. TRANSLATOR'S NOTE The foregoing reproduction of the Old Yellow Book will suffice for those readers of Browning who are conversant with Italian and Latin. It has seemed well, however, to provide a translation for, the rest of his public. The work of translation has been conditioned and guided by the nature of the original volume. Much of it consists of legal argumentation. Its technicality, its un- usual type of professional logic, its shrewd sophistries can not be made pleasant reading. Its very terminology is without counterpart in literary English, and at times even in the phrase of the English and American lawcourts. These terms have usually been anglicized (Browning's own practice in such cases) rather than translated. The scope of the present volume does not admit of their explanation for the lay reader. The sophistries of the lawyers are couched in an intricate and elaborate style, and their periods of argumentation have necessarily been broken up before they could be reduced to intelligible English idiom. Professional mannerisms in the introduction of new points of law and of argument, or in the citation of authorities, have been rendered freely. The citations themselves are untranslatable and are therefore omitted. Frequent typographical errors have been corrected in translation only, which will suffi- ciently indicate the editor's emendations. The punctuation of the original is so bad that it has frequently been ignored. The problem of translation has been rendered the more difficult by the barbarity of the syntax, idiom and diction of the original. Certain Italian colloquialisms are shrouded in obscurity. The love letters, owing to their fragmentariness and studied innuendo, are at times unintelligible. Under these limitations, arising from the nature of the Book, the translator has endeavored to give a faithful but not a servile translation. C. W. H. Bracketed, heavy-faced Roman numerals [xiii] indicate the page number- ings of the original book in the photo-reproduction. The bracketed word [Citations] is used to indicate the omitted citations referred to above. Brackets elsewhere indicate additions made to the original text for the sake of clearness. The superior figures interspersed through the text refer to the appropriate notes in the corpus of detailed annotation. [iii] INDEX" Sentence of the Criminal Court of Florence in the criminal case against Gregorio Guillichini, Francesca Pompilia Comparini, wife of Guido Franceschini, etc. December, 1697, [v] Argument in defense of the said Franceschini, of the Honorable Signor Giacinto Arcangeli, Procurator of the Poor in Rome, made before the Congregation of Monsignor the Governor, [ix] Argument of the Honorable Signor Advocate Desiderio Spreti, Advocate of the Poor, in defense of said Franceschini and his associates, [xxv] Argument of the above said Signor Arcangeli in defense of Biagio Agostinelli and his companions in crime, [xli] Summary of fact made in behalf of the Fisc. [xlix] Argument of Signor Francesco Gambi, Procurator of the Fisc and of the Reverend Apostolic Chamber, against the abovesaid Franceschini and his companions in crime. [Ixi] Argument of Signor Giovanni Battista Bottini, Advocate of the Fisc and of the Reverend Apostolic Chamber, against the abovesaid. [Ixix] Summary of fact in behalf of Franceschini and his associates in crime. [Ixxxi] Another argument of the abovesaid Signor Arcangeli in favor and defense of the abovesaid. [ci] Another argument of Signor Advocate Spreti in favor of the above, [cxxv] An account of the facts and grounds, made and given by an Anonymous Author, [cxli] U-^J Another summary made on behalf of the Fisc. [civ] Argument of Signor Gambi, Procurator of the Fisc, against the abovesaid Franceschini and his companions, [clix] Another argument of the Signor Giovanni Battista Bottini, Advocate of the Fisc. [clxiii] Another argument of the abovesaid against the said defendants, [cxcv] A response to the abovesaid account of fact as given by the Anonymous Author, [ccvii] The sentence of Signor Maria 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. [cclix] Argument of Signor Antonio Lamparelli, Procurator of the Poor in the said case, [ccxliii] Letter written by the Honorable 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, [ccxxxv] Two other letters, one written by Signor Gaspero del Torto and the other by Signor Carlo Antonio Ugolinucci to the aforesaid Monsignore Fran- cesco Cencini. [ccxxxvii-ix] Argument of Signor Advocate Spreti in favor of Franceschini, etc. [ccxxvii] [v] 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. Gregorlo, son of Francesco Gulllichinl,**" not described. 2. Francesca Pompllia Comparini, wife of Guido Frances- chini,^'* and 3. Francesco, son of Giovanni Borsi called Venerino,"'"' servant of Agosto, Host at the " Canale." because the second Accused, against her honor 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 [vi] the way toward Perugia,^®* the said third Accused driving the carriage as far as Camoscia. And while they were traveling 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 i6 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 color, 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 [vii] aprons of key-bit pattern with their lace worth 12 scudi; a pair of scarlet silk boots worth 14 scudi; a pair of woolen stockings, a pair of white linen hose, and a pair of light-blue hose, worth 5 scudi ; a snuff-colored, 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 colored ornaments, worth 10 scudi ; a worsted petticoat of light-blue and orange color, striped length- wise, with yellow lines and with various colors 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 Capon- sacchi 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 con- demn 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 fifteen days to appear and clear him- self; 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 [viii]. 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. [ix] Romana Homicidiorum."'" [Pamphlet i.] 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 pretense 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. [Cf. p. Ixxxv.J 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 A. C. Tommati ^^^ 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 safekeeping."" 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 II increased the shame and indignation of the husband, and the wrath, [x] which had long been stirred, grew strong, because his honor 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 desper- ation, that he preferred to die rather than to live ignominlously among honorable 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 Com- parini. 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 toward husbands who wipe out the stain of their infamy with the blood of their adulterous wives. [Citations.] 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.] 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.] [xi] [Second], the love letters '"^ sent by each party; these can not 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 arc not here arguing to prove adultery for the 12 purpose of demanding punishment [upon the adulteress], but to excuse her slayer, and for his defense ; in this case, even lighter proofs would be abundant, as Matthaeus 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 has 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.] [xii] Furthermore, Farinaccius 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 honor and just anger — ^both of which always oppress the heart — are very strong grounds for the mitigation of the penalty." Matthaeus well weighs these words on our very point. And both Farinaccius and Rainaldus 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 license, 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 adult- eress, 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 honor's sake is always said to be done immediately,*"" whensoever it may be committed. Because Injury to the honor 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.] [xiii] 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 honor. For another way would be 13 satisfactorily provided for them, namely, in their right to dismiss and to 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 favor 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 honor 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 hus- bands, 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 honorably 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 con- cedes to wrath." Paplnian 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 premeditated crimes; because the sense of "just griev- ance 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.] [xiv] And this drives one on the more intensely, because with greater impunity, as I may say, wives pollute their own matrimony and destroy the honor of their entire household. In ancient times,"" while the Lex Julia was in force, wives who polluted their marriage-bed under- went 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 honor. But now, in our evil days, there is a deplorable frequency of crime everywhere, as the rigor of the Sacred Law has become obsolete. And since wives who live basely are dealt with very mildly, the hus- band'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 Matthaeus 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 honor's sake, it makes no difference whether he kill her imme- diately *°° 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 pretense of friend- liness 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 Bartolus. [Citations.] [xv] 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 anyone could kill the said slayer ; for then such an act would not be revenge, but due defense, leading toward the recovery of the life that had been lost. But even when we are dealing with an offense 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. Like- wise, 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 reestablishing of wounded honor, which could be healed in no other way. [Citations.] 15 Furthermore,*"* as I have said, when one is discussing the subject of self-defense, 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 offense that injures the honor, 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.] [xvi] Caballus testifies that this has been the practice in many of the world's tribunals. Calvin 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 honor by the death of his wife. [Citations.] [Secondly] the crime is not raised to a higher class because he led W^ith 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.] [xvii] 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 pun- ishment 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 [cutthroat]. 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 i6 [cf . p. xcvili] , 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 safekeeping, it was impossible for him to vindicate his honor. 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. There- fore we hold that he killed her In the very act,'" as it were, and imme- diately. In Sanfellclus [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 viclousness, 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 honor. He indeed lodged complaint, but it was because [xviii] 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 "* 17 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 pretense to gain the opportunity of killing her for the restoration of his honor. 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 Matthaeus testi- fies it was practiced in the Senate of Matritensis. [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.] Further- more, this objection ""•" falls utterly to the ground, for 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 Marta holds 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 honor [xix], 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 defense, 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 after- ward denying her parentage they had inflicted the greatest injury upon the honor and reputation of the Accused ; for they had conceived strong hatred and malice against him. Hence they did not hesitate to dis- grace 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. i8 Or else [second'} Francesca was indeed conceived of an unknown father and born of a dishonest harlot/"' And it can not 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 [Cita- tions] 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 I 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 illegit- imately by a dishonorable 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 pre- tense of the birth of a child, [xx] 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, where- from 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 can not 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 knovir furthermore that if a husband have knowledge of the adultery of his wife and keep her in his home, he can not 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 19 say that her love affairs with the banished [priest] were not continued there I "** 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, [xxi] immediately the door was opened and Guido was given an entry for recovering his honor. 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 honor 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 Com- paring For if these are well weighed, they all coincide with and are reduced to the original cause, namely, that of wounded honor. How- ever 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 honor, 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 can not deny that new offense was given to his honor, 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, " Never- theless, because night and just anger ameliorate his deed, he can be sent into exile." [Citations.] [xxii] 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 20 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.] [xxiii] It has very justly been permitted that in defense 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 labor, 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. H. Arcangeli, Procurator of the Poor. [xxiv] [File-title of Pamphlet l.J 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. [XXV] 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 honor. Lord Venturini, Judge in this present case, there is more than satisfactory proof of adultery committed by Fran- cesca 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 Alexandro Bal- deschi 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 over- looked, as this same Ulpian confirms. [Citation.] Since it is most difficult to restrain such anger. [Citation.] [xxvi] 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 honor sufficient to free the slayer from the ordinary penalty of murder. [Citations.] 23 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.] [xxvii] For the con- trary opinion is the truer, the more usual, and the one to be observed in practice, as Marsilius well advises, where he speaks in defense 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. Mar- silius 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 defense, 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.] Afflicti 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.] Matthasus [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 matri- monial [xxviii] 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 honor is not to overthrow the laws, but to establish them." "" 24 Dondeus says this interpretation is clearly proved by the authority of a glossa in the chapter: Ex litterarutn. [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 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. Sanfelicius 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 favor, 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 [xxix] this punishment had been imposed because *°° of the muti- lation of the privates which followed ; because those who do such things are considered enemies to nature. And Calderini, although in the pre- ceding numbers he inclined toward an opinion contrary to ours, came over to our side when he saw that Matthaeus held that opinion. And the reason is very evident; for whenever such an injury is suf- fered by fine natures, especially among the noble class, it is ever present with them, and continually oppresses the heart, and urges it on to ven- geance for the recovery of lost honor, as Giurba well notes. [Citations. J For this reason, it has always and everywhere been held in case of murder committed for honor'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 com- mitted after an interval, and even after a long interval. For the above- said 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 honor; 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.] 25 Another reason also is at hand, which is considered by the authorities, namely, that an injury, whereby the honor is hurt, is not personal, but real, and therefore can be resented at any time whatsoever, even [xxx] 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 honor'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 Farlnaccius [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 corrob- oration of this opinion of ours. Our point is also proved by the fact that this same author in quaes t. I2i is rather doubtful; and there he acknowledges that for this opinion of ours the reason given above is very strong, namely, that " injured honor " 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 Else ; and Farlnaccius cites him so speaking. But one should be on his guard against what this same Farlnaccius 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 [xxxi] to his opinion, but rather hold the contrary, which is favorable to our- selves, 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 26 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 dishonor 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 Farinaccius is expressly confuted and overthrown by Matthajus. [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 [xxxii] recently: " Adultery of the wife gives offense 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 Blaslo, Domenico, Francesco, and Alessandro, assembled for that pur- pose ; for he could do that in order ""' to take vengeance upon her more easily and more safely. [Citations.] [xxxiii] [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 honor cease with regard to the murders of the said father-in-law and mother-in-law;*" for since their conspir- acy 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 honor and reputation of Count Guido, their 27 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 them- selves 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 can not 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 Tornacensis 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 [xxxiv] present case the crime can not be said to have been committed on account of hatred aroused by the lawsuit;"^ for In that suit Count Guido had gained a favorable sentence ^°' from A. C. Tommati,^"^ 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 pretense 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 Consti- tution of Alexander does not apply where no guile is present and where some provocation has been given by the one hurt. Farinaccius very fully affirms this throughout cons. 6y, 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 honor because of the lawsuit brought and the flight in which they conspired, wherefrom the adultery had followed, the cause of honor 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 defense of one's honor Is so justifiable, and the anger and commotion of mind arising therefrom Is so just, that reason for it can not be demanded, as Merlin Pignatelli [Citation] holds. 28 because of Giovanni Francisco de Carrillo [Citation] who speaks of an insult offered in prison. And No. 29 approves the decision because """ 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 author- ities 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 custo(Jy. [Citations.] [xxxv] Lucan holds that there are differences between being kept in chains and being committed under bond, etc. And Farinaccius 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 sfrisian- dum ) , 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 can not 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 7 1 st. 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.] [xxxvi] 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.] 29 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 favor of Guido, the principal, also stands in favor of the aforesaid Blasio, Domenico, Francesco, and Alessandro; because they can not 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 can not 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 per- mitted under the statute to take vengeance upon a person who has given him offense, 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. 2"/"/, 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 [xxxvii] 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 can not demand it of another; yet he to whom it is permitted may take fellows and accom- plices 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. CspoUinus 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 prin- cipal, 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.] 30 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 Garzoni speaks, decision 7 1 , throughout. Nor does it stand in the way of our reasoning that one of the afore- said 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 [xxxviii] in the back of Francesca Pompilia. Even in these circumstances the rule holds good that auxiliaries shall not be pun- ished with greater penalty than the principal. And so affirm individu- ally 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 Afflicti [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 can not 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 RoUandus. Castro, however, favors 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 anyone to take vengeance, and says that since this kind [xxxix] of permission is personal it can not be passed on from one to another, this opinion of his is expressly contrary to the teaching of Baldo, Cas- trensis, Jason, and others, whom we have alleged above in paragraph 31 quae dicta sunt. And since this opinion of ours is milder and more equit- able, 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 offense 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 offense]. And so, whenever it is evident that the crime has been committed for honor'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 af&rms 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 defense 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.] [xl] 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 defense for the accused. [Citations.] Desiderio Spreti, Advocate for 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 Honorable Advocate of the Poor. At Rome, in the type ef the Reverend Apostolit Chamber, 1698. 3a C^] Romana Homicidiorum. [Pamphlet 3.] Most Illustrious and Most Reverend Lord : The plea of injured honor which redeems Count Guido from the rigorous penalty that should follow for the commission of murders like- wise urges mitigation of the ordinary penalty for Blasius 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 favor of the affirmative and of the milder sentence ; and often, in the event of such a murder, it has evidently been so adjudged. [Citations.] But since this question lies outside of our line of argument, it would be vain and quite useless labor 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 honor, so likewise are his allies and auxiliaries freed, as the following authorities [xlii] 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 can not lend a hand and actually 3 33 34 kill ; [xliii] 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 RoUandus a Valle. [Citations.] May that learned authority pardon me ;''" for even if he may attempt to confute Paolo de Castro in the said 154th council, which is in our favor, 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 RoUandus 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 furn- ished him aid, ought not to be punished with a greater penalty than the principal, according to the rule concerning auxiliaries, beside the accur- ate authority of Marsilius." And he concludes that at the very worst, when the utmost rigor of it is considered, they should not be punished with more than a temporary banishment. Furthermore, RoUandus 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 favor 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 [xliv] speak of auxiliaries. Furthermore, it is found that this has often been the judgment, even in the more extreme circumstances of one com- manded to a murder, as was said above. And so strong is the plea of "" injured honor that not only does it extend its protection to mere man- datories, but even to mandatories whose case is modified by the circum- stance of assassination. And it causes them to be absolved, as we find that it was so decided. [Citations.] 35 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 man- datories, we can not 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 favorable to the accused was handed down, contrary to the opinion of Caballus. If, therefore, Blasius 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 atro- cious, 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 can not 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 [xlv] 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 griev- ance 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 concerns vengeance for a personal injury (in which conditions he himself speaks), and therefore when for an injury which wounds the honor, such vengeance is at all times said to be taken imme- diately. For such an injury always urges and presses, because it should be termed the restoration and reparation of honor (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 36 end and no other crime followed therefrom ; but when, according to the sense of the Fisc, they have been called together for committing mur- ders, and these are really committed, no further action can be taken as regards the prohibited conventicle, but rather for the murders them- selves; for the assembling of the men tended to this same effect. [Cita- tions.] 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 ; [xlvi] 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 prohib- ited, 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 carry- ing 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 toward the said mur- ders ; 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 with- out excuse. But this is not so when the crime Is decreased and exten- uated, 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 [xlvii] torture Is not Inflicted for getting the truth from those indicted for the said carrying of arms, In view of the insignificance 37 of the crime, in like manner it can not be inflicted by the force of Con- stitutions and Statutes which have increased the penalty. [Citations.] And this is especially true in the case of the torment of the vigil, which can not 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 rigor of the Banns. H. Arcangeli, Procurator of the Poor. [xlviii] [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. [xlix] SUMMARY. [Pamphlet 4.] June 24, 1694. Angelica, the daughter of the deceased No. iMo Pietro and Giovanna Battista of Castelluccio, The sworn testimony of a j^ j^e Diocese of Arezzo, about 35 years of witness as to the poverty of • i i l l 1/ e -n- said Count Guido Frances- age, was examined by me on behalr or rietro fered b"* the' s? n"ii"com- Comparini, against any one whomsoever, parini while they stayed in and put OH permanent record; as to which Arezz^IT"" *° ** '^'^ °* 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 offense 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 38 39 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, [1] 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 offense 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 follow- ing," 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 40 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 [li] he would take me with them. And he said he could expect this favor 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 flesh 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 Satur- day,"' as I have said, Signor Guido gave money to Joseph, the house- boy, 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, [lii] Thus Signor Pietro passed the days when they bought beef. On fasting days he ate vegetable soup 41 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 3I 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 aflairs. For she did not wish the Frances- chini, 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 [liii] 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."" 42 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 everyone and is notorious, and where there is public talk and rumor about it. June 17, 1697. No. a. To whomsover it may concern : tn^"'„T ""'"^tionsi" as T^ j^e Undersigned, attest as true: That to Francesca s recourse to the _. _ °. .,._ ..*. Bishop and Governor because Signora rrancesca Pompilia Companni, wife and^'efaS °^ ^" ''"''"'°'* °^ ^'S"°'* G"'<^° 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 neighbors, 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 the 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, afllrm 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 St. 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. 43 [Uv] Most Illustrious Sir, my most Honored Master : I can not do less, etc., departure, she has Extract from a letter writ- been little like the Signora Francesca, etc. ; rcWbIro7/:„S"„l; ^^e Aed from home, and went into San to Pietro Comparini in Rome. 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. Most Illustrious Signor and most Cherished Master : At my return, etc., the Signora, his wife, Extract from another letter has been melancholy, and two evenings after written by Bartolomeo Al- y^^j. departure, she made a big disturbance, bergotti, a gentleman, to ^ •^ ' ° 1 Pietro Comparini. 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. March 21, 1697 [for May.] No J Francesca Comparini, when under oath. Deposition of Francesca as etc., when questioned whether she had ever to letters"* asserted to have gg^j ^^y i^^^^j. ^q Abate Franceschlnl here In been written by her to Abate , ^. i -i t i- i • a i- j Franceschini, and previously the City, while she lived in Arezzo, replied: outlined by her husband; While I waS In ArezzO I wrote, at the In- recorded in the prosecution . i i j l l • i brought for her pretended Stance of my husband, to my brotner-m-law ""g''*- Abate Franceschini, here in Rome; but as I did not know how to write, my husband wrote the letter with a pen- cil "* 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 recognize It, etc. 44 She replied : Tf your Honor would cause me to see one of the letters written by me, as above, and sent to Abate Franceschini, I should recog- nize 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 Giugno i6g^, afetionatissima Serva, e Cognata Francesca Cotnparini tie Franceschini. [Iv] She responded : I have seen and have examined carefully this letter shown me by the order of your Honor, which begins Carissimo Signor Cognato sono con questa, etc., and ends Francesca Cotnparini, ne Franceschini, and having looked at it, I think, but can not 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. Dearest Brother-in-law : No. 4."8 I wish by this letter to pay my respects to The tenor of the letter y^y ^^j (.g thank you for your efforts in plac- ■written as above to Abate ;.,., ■', ■'- . f Franceschini. mg me m this home, where, tar 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 dis- honorably,'"' 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 counseled me to commit so many crimes. And finally at their departure, they left me, as a parting com- mand, 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 45 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 1 4, 1 694. Outside directed to Abate Paolo Franceschini, Rome. [Ivi] [The deposition of Pompilia is translated pp. 69-73 '" 'ts completer form an given in the Summary for the Defense. The only additional fact given is this version is the date of the affidavit, Monday, May 13, 1697.'" She had been arrested at Castelnuovo May i.] [Ivii] I, the undersigned, barefooted Au- No. 6. - gustinian priest,'"' pledge my faith that inas- Attestations of priests and jnu^.^ ^g J ^^s present, helping Signora other persons, worthy to be _, • • r 1 r • r accepted in all respects; who Francesca Lomparmi from the nrst mstant or gave Francesca assistance ^g^ pitiable case, even to the very end of her even till her death; they ,., ^ , • , 1 • speak of her honesty, and her life, 1 say and attest on my pnestly oath, m declaration that she had never tfjg presence of the God who must judge me, violated her conjugal faith. , ^ /• . oc t , i- j that to my own confusion '"' 1 have discovered and marveled 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 46 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 especi- ally 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 marveled 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 jhe mouth of the Evangelist, in the words of St. Matthew, chapter 7 : " An evil tree can not bring forth good fruit." Note that he says " can not," 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 [Iviii] 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 can not do otherwise, that necessarily she has ever been a good, modest, and honorable girl, etc. This tenth of January, 1698. I, Fra Celestino Angelc of St. Anna, barefooted Augustinian, affirm as I have said above, with my own hand. We, the undersigned, being interrogated for the truth, have Another made full and unquestioned statement on our oath, that we as above" were present and assisted at the last illness from which Fran- cesca Pompilia, wife of Guido Franceschini, died. She was often asked by her confessors and other persons whether she had com- mitted any offense against the said Guido, her husband, whereby she 47 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 com- mitted any offense 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 f^" 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. [lix] 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, aflirm as above with my own hand. I, the undersigned, affirm what is contained in the above- written 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 48 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 Fran- cesca 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 as- sisted 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 under- signed. Abate Liberate 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 offenses '^" of the one who had caused her innocent death with so many wounds. [Ix] I also observed during that 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 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. 49 [ixi] 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 theij blood, cries out from earth to God for vengeance upon the criminals. And in order that we may fulfill 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. i : " 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 quarrelings 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 pretense 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 favorable 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 [Ixii] flight and, following her up, he overtook her 50 51 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 safe- keeping."* 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 Gov- ernor, 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 Antonll 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 pretense 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 Vlolante,'^^ 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 favor,**' 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 male- factors were pursued beyond the City.*'* Accordingly that same night they were discovered In the tavern at Merluccia **" with firearms and illegal swords, [Ixiii] 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 52 same prosecution the gravest proofs have resulted, such as can be but slightly attacked and controverted by the Defense. Hence, when this cause may be presented to receive judgment, we believe that no foundation can afford defense 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 yjgjj 526 Pq^ what if the Defense 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 Sicariisl 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 honor always oppresses the heart, it is difficult to restrain just resentment ; for this reason the defense of the honor is said to be immediate when done as quickly as possible. But there are indeed many other authorities who stand by the nega- tive, 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.] D. Raynaldus [Citation] says this opin- ion 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 ad- judged in this Senate that a husband was not excused by adultery legiti- mately proved, if he killed his wife after an interval; [Ixiv] 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 Matthaeus 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 circum- stances and aggravating qualities, and when moved only by just griev- ance. But it is otherwise when, as in our case, excess and contempt of law is present and aggravating circumstances and qualities concur.*"* Laurentius Matthaeus [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." 53 The aggravating circumstances which concur in our case are indeed many, and they are so grave that any one of :hem 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 can not 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 favor of the husband. This can not be said in our case since Franceschini,*"" while following his wife with firearms, could have taken [Ixv] 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 Defense 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 favor 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 54 that they have very little application as regards the arms we are discuss- ing; 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 § i 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 pro- hibited, even when on the pretext of executing justice, [Ixvi] ridiculous indeed would be Franceschini's pretense that he could approach the City and the home of his wife with such arms to vindicate, after an interval, this pretended offense of honor. 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 offense 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 favor 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 can not 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 [Ixvii] to kill not merely Francesca, 55 his wife, but also Pietro and Violante."^ These, as he himself acknowl- edges, 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 honor 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 can not 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 c alumniou sly false; for, in the very face of death, Francesca protested, to the very damnation of her soul, that she has given no offense '"' to her husband's honor. This protestation is the more to be believed "^ since those about to die ^'' are not presumed to be unmindful of their eternal salvation. [Citation. J The other causes adduced by Franceschini himself, so far as they arc 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.] [Ixviii] 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) [Cita- tions]. 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 counsel. [Citations.] Francesco Gambi, General Procurator of the Fisc and of the Reverend Apostolic Chamber. [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 Jpostolic Chamber, 1698. Sfi [bdx] Romana Homicidii cum qualitate. [Pamphlet 6.] Most Illustrious and most Reverend Lord Governor : Since the chief defense of Count FranceschinI, the Accused, as we have heard, consists in the pretended plea of injured honor, 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 honor 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 Castel- nuovo, and the pretended love letters which were put forward in the prosecution of Pompllla for the said flight and departure. The pre- tended 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 Fran- cesca, 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 defenses 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 1,700 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 57 58 Abate Paolo FranceschinI, which presuppose these troubles and which were considered for the Defense 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.] [Ixx] 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 fulfill 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. i [cf. pp. xlix-liii]. 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 anyone 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 Gov- ernor,"' Summary, No. 2 [cf. p. liii]. 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 inter- 59 fered 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 [Ixxi] that she can not look for the company of Gregorio Guillichini, and that this task had to be remitted to the Canon [Caponsacchi] also. 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 con- fesses *" that she wrote this letter to appease her husband, and that he had marked the characters,"* which she had afterward traced with a pen. This statement is found in an extract from her sworn testimony as given in our Summary, No. 3 [cf. pp. liv-lv]. 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. [Cf. p. Iv.] 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 pretense of giving birth to the child for the purpose of deceiving her husband and barring his credit- ors.^"' 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 alter- cation, was utterly destroyed by recrudescent hatred. For a lawsuit as to a considerable amount of money, much more as to an entire property, 6o 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 suspicion), but even a woman of greatest fortitude [Ixxii] 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 suppositi- tious, it would be enough to excuse her according to the text. [Cita- tions.] And Canon Raynaldus holds that it is enough if one sees 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 dishonor 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 hap- pened 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 dishonor. [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 in order to prove the plea of injured honor), she would either have delayed somewhere out of the public highway, 6i 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 honor. 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. [Ixxiii] This im- probability 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 honor 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 honor, 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 hand- writing 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 bearing, seem to give proof of excessive good will,*"" yet Francesca could have made pretense 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 pre- pared for this purpose. (Summary, No. 5.) [Cf. pp. Ivi-lvii.] 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 62 could therefore do so without any mark of dishonor, 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.] [Ixxiv] 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 good will, 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 honor 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 Margherlta Content!,"* "'^ 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 can not be brought as a proof of illicit commerce. For the mere possi- bility that it was done for this purpose is enough to oblige us to take it in good part, according to the text. [Citations.] 63 This is especially so since the very witness who swears to this approach of the home states, by hearsay from the said Gregorio Guilll- chini,"* that it was to a good end [cf. p. Ixxiii], 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 [Ixxv] 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 safekeep- ing 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 unchastlty. 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 minister- ing 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 [cf. p. Iviii] : " 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 offense 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 64 responded that she had never committed any offense, 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 [cf. p. Iviii] : " She always said, ' May God pardon him in heaven, [Ixxvi] 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 Decian cites the opinion of Alberic, 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 Alberic had in this way defended Galeatius, Viscount of Mediolanum. And this is more especially true since all the said witnesses agree that this most wretched girl died with the highest edification of the bystand- ers, and that she had always shown the deeds of Christian perfectioHj as we find in the said attestations, where we read: " And from having seen her die the death of a saint." [Cf. p. Iviii.] And there is another statement of the said Father Celestino Angelo, which infers the inno- cence 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 Avere 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 [Ixxvii] 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 65 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 author- ities, 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 criticizes 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. [Ixxviii] 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 com- mitting 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 not put off vengeance from day to day. [Citations.] Farinacci asserts that it was so held in practice, lest men should be given the opportunity of avenging 5 66 their own wrongs. And he confutes Bertazzol, who places on the same footing a case of taking in adultery, and says that the wife may be con- victed 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 can not 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 ven- geance 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 ven- geance 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 pre- tended birth. But this cause rather increases "'^ the offense to the most atrocious crime of lasa 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 offense 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 lessa majestas." And a little later: "And they may always be dis- trusted [Ixxix] 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 I 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 anyone 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 safe- 67 keeping maybe 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 Sanfelici advises, stating that it was so adjudged. [Citation.] Giovanni Battista Bottini, Advocate of the Fisc and of the Apostolic Chamber. [IXXX] [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. [Ixxxi] SUMMARY. [Pamphlet 7.] My most Illustrious and Dearly Beloved Master: Your favored letter of the twenty-fourth of No. i."8 last month has reached me, and I am exceed- Letter of the Honorable ingly sorry for the uneasincss in which you Ar'zt^"*'"' '^°"""°' °* hint you are placed by the maledictions which Signor Pietro Comparinl 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 disturb- ance '° 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 there. 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 everyone 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 everyone, 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 jewelry from the Signora, which I forced "^ them to [Ixxxii] 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 68 69 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 mainte- nance of good discipline, I availed myself of the authority vested in me by His Serene Highness, and threatened "' them with prison and punish- ment 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 111 example she had shown the ladles 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."' To Signor Abate Paolo Franceschini, Rome. Arezzo, August 2, 1694. I will tell your Excellency why I have fled from the No. a. home of my husband. Here In Rome, three years ago, Francesca!"" ° 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 [Ixxxiii] there four months,®' they departed and re- turned 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 con- JO tinually mistreated by my husband and mother-in-law,*" though I an- swered 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 balcony, 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 balcony was only as high as our heads. 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 offense 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 offense 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 mbre trouble; [Ixxxiv] but my husband was not thereby appeased, but said Sh t 11 f h r ^^^^ ^ ^^^ *^^® ^* ^ trick, and that his suspicions of husband's threats be- me wcrc not removed. He began anew to torment for herlover ^^^^ '"^ ^°' °" 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 Capon- sacchi ^°* one day as he was passing our house and begged him not to pass that way,"' that he might relieve me from all the distress 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 con- tinued 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 71 Christ I 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." 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, g as I do not know how to write, and to tell him She lies asserting that I was desperate, and that I must part from that she does not my husband and go to him in Rome. But I had no know how to write. response. 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 strength and audac- was out of the city, I Called him "* [Ixxxv] and spoke ity of her lover. ^q hjjjj fj-gj^ ^hg gtairs. I told him of the peril in p_ which I found myself on his account, and begged him She confesses a to bring me here to Rome, to my father and mother. conversation with j^g replied, however, that he did not wish to meddle Acr lover t ' ' 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 E. . a carriage in Arezzo. I answered him that, at any She confesses a ^^jg^ {jg should have procured one from outside, as whh her°"overr"°" he had promjsed 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 72 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 to- gether to the Porta San Spirito. Outside of it stood a carriage with two horses and a drlver,^*^ and when we had both entered the carriage we journeyed toward Rome, traveling 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 Honor. The said Caponsacchi is not related in any degree to my husband, but was certainly a friend. The said Caponsacchi, before the said affair, did not [Ixxxvi] send me any letter,"" because I do not know how to read manuscript, and do not know how to write. Before the said affair, I did not at all send a letter of any sort to the said Caponsacchi.''" When again put under oath, she responded : While I was in Arezzo, I wrote at the instance of my hus- band 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 Honor should cause me to see one of the letters written by me as above, and sent to Abate Franceschini, I should clearly recognize it. And when it was shown, etc., she responded : " I have seen and care- fully examined the letter shown me by the order of your Honor, which begins — Carissimo S'tg. Cognato, sono con questa — and ends Francesco Comparini ne Franceschini, and having examined it, it seems to me, but I can not 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 hus- band'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 anyone." "* The lie about the arrival at Castel- nuovo. The lover is not a relative of her husband. H. New lies, that she did not receive let- ters from her lover, and that she does not know how to write.285 I. Another lie, that she did not send letters to her lover. K. She does not know how to write, and her husband had traced the letter.*^* 73 In all truth, I arrived at Castelnuovo at the blush Another'lie about °^^^^'V"' the arrival at the We shut ourselves iti there at the tavern of Castel- nuovo. °^ '^""'' ™ovo for the space of more than an hour."" During that time we stayed in a room upstairs."" 1^ h h ■^"'^ after a few other matters, when questioned, did not lie down to she replied : " I did not go to sleep, nor lie down to sleep at the Inn of rest in the tavern at Castelnuovo during the time I Castelnuovo. ^ j ^i. i_ d stopped there, as above. I know that your Honor 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. [Ixxxvii] [The letter of Pompilia to Abate Franceschini occurs also on page Ivi, and is translated on p. 44.] [Ixxxviii] Outside to Abate Paolo Franceschini, Rome : but inside : My very dear Sir and Brother : A letter of Fran- I have received the fan which you sent, which cesca written to has been most welcome to me. I accept it with pleasure and thank you for it. It displeases me that, without reason, my parents tear our house to tatters. 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. Arezzo, July 19, 1694, Your deeply obliged servant and sister-in-law, Francesca Comparini Franceschini. No. $■'* I had to go to Rome on my own business,^"^ and as of^Canon*"cTon" ^ *°^^ '"y ^^"^^ *° Giovanni Battista ContI,'= a rela- sacchi. tive 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 74 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 mak- ing 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 car- ried 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 [Ixxxix] 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 Fran- cesca,^"* 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 favor 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 with- out 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 75 month of April.''" Then because Francesca said that she was suffering some pain, and that she did not have the courage 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."* The husband of the said Francesca is not related E- to me in any degree whatsoever. The lover is not Fj^q-i J j^^ j^q profession at all, but am a Canon related to Count r t -n- re at- r \ Guido. of the Fieve, 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 chambermaid 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 76 order of your Honor. One [cf. p. xcviii] 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 [cf. p. xcviii], which begins Amatissima mia Signora, Ricevo, etc., and ends questa mia, and having well exam- ined it I say that the same was not [xci] at all written by me, and is not in my handwriting.^** Furthermore, it has not the slightest resem- blance 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 pretense is false and without foundation. I turn back to say to your Honor that in the prison ^'* of Castelnuovo there was not found by the authorities anything whatsoever. And If your honor 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. Outside : To the Most Illustrious and Most Respected Signer Paolo Franceschlnl, Rome. And inside: My Most Illustrious and Respected SIgnor : J. j^3 I understand why you desire to tell me about Letter of the most the quarrels *' which have arisen between SIgnor Reverend Bishop of Guldo, your brother, and SIgnor Comparlni. And I '^'^^' can not 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 mere 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 77 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 [xcii], 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. My dear Sir : No- 7-"' I do not multiply my assertions for the purpose of letters!'"'"^* °^* 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 any- thing, 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 78 supposed that they were other letters, and did not take them into his hand, [xciii] 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 Singer '' are very dear to you, though 1 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 [xdv] 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. 79 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 gentle- man 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 ^neas, 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 can not 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 fashion- ing 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 for all in central 8o Latium. I should like that all might love you, because you would see that all of them put together can not 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 can not 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 can not 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 noth- ing 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 can not 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 [xcvi], 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 8i 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 ="" has 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 Frate " 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 Amar- illis 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. [xcvii] 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 can not 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 can not 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^ 82 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 can not say that I no longer love you, because all my good wishes for Signor Guido are turned to you, who deserve it. Amarillis. [xcviii] 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 car- riages, owing to the fact that on Wednesday the Letter of the lover. gishop "« 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 handker- chief ^'^ 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 that 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 83 you are there. For Conti »° 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 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."" My Revered Signer : Driven by the affection which I feel for you, Fwnc"*" ''"" °* ^ ^™ forced to contradict what I sent you yester- day 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 [xcix] 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 inconvenient), 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. jj^ g Tuesday, September 24, 1697. Decree of ban- Giuseppe Maria Caponsacchi,"' of Arezzo, for ishment^ of the 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. [c] [File-title of Pamphlet 7.1 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. [ci] 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 favor 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 honor. 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. [Cf. p. cxcvii.J 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 favorable 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 authori- ties. And even although Farinacci and Raynaldus 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 change- ableness, in excusing himself, he asserted, in the said cons. 141, under No. 16, that Beatrice, in behalf of whom he had written [cii] 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 honor, but because she did not 8s 86 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 Honorable Raynaldus, 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 Glzzar- ellus and Glurba, 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 honor'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 concern- ing this same practice, Matthaeus likewise bears witness. [Citation.] Yet, as I have said, it would be enough to clear Guldo 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 pretense 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 Pletro and Violante, and by Francesca their daughter, and his wife, respectively, especially in the matter of their food, on account of which Pletro and Violante preferred to return to Rome. [Cf. pp. xlix-liil.] Yet Guido by a written agreement °' had bound himself to furnish food to the abovesald couple. And furthermore it is claimed that the flight of Pompllia also was necessary [ciii], 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 Pletro 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 87 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. i. [Cf. pp. Ixxxl-lxxxii.] 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) . [Cf. p. Ixxxiv.] 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 pretense 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 [civ], 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." [Cf. p. Ixxxvii.] 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. [Cf. p. Ixxxvi.] 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. [Cf. pp. Ixxxiv-lxxxvi.] In this, furthermore, she stands most clearly convicted of falsehood by her signature, which was recognized 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 88 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 recognized 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. [Cf. pp. Ixxxvlii-bcxxix.] 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. i [cf. pp. Ixxxi-lxxxii], where we find: "Of much greater scandal were the flights and petitions made by the said wife, their daughter [cv], 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 [cf. p. xci] , 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 Bartholomeo Albergotti, produced by the other side, which is given in the Summary of that side. No. 2, at the end. [Cf. p. liv.] But the letter is not given m its entirety, for, where it speaks of the Secretary of the Bishop urgmg Count Guldo and his mother, we should read there: " Not to maltreat the Signora for the affront offered him. After disputes enou^ 89 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 D. 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 [cvi] 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 can not stand in our way, nor do I think it can be denied that they are of the same handwriting, if they are com- pared with the assured writing of the command of the court. Further- more, 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. [Cf. p. Ixxxiv.] 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 [cf. pp. xcii-xcix], 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 90 is expressed her intense love and the ardor 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 recognize the lion." Thus in letter 1 7, we read : "So that you can not 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 [cf. p. liv] : " 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 your- selves and Signor Guido, I do not wish to examine. I know enough to say [cvii] 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 can not 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 endeavored by my words to urge upon Signora Francesca, Signor Pietro, and yourself is only out of pure zeal for the honor 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 youf 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 91 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 finds 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 [cviii] : " 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, 92 how very few Judiths are found ; yet the daughters of Lot are multi- plied, 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 con- fesses in our Summary, No. 2, letter G [cf. p. Ixxxv] and No. 5, letter E. [Cf. p. Ixxxix.] Thus she would prove her dishonor. 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 [cix], 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 1 1 : " 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 1 9 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 savor well. Of this a witness " for the Fisc, in the prosecution for flight, gives oath, 93 pp. 107-8. Therefore, not without cause did Count Guido have sus- picion also of the other priest, as Francesca herself asserted in her deposition in our Summary, No. 2, before letter A. [Cf. p. Ixxxiii.J 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 correspond- ence with her lover is established. It will follow that the threats were offered by her husband to preserve his honor, 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 prose- cution 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 [cx] 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 therefor. [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 inquir- ing what colored wine they were drinking in the home, lest, as I suppose, the color 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 94 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 ardor for the said priest, as is noted in letters 5 and 2 1 ; this is usually con- ceived 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 [cxi], 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 1 1 [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 wit- nesses 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. [Cf. pp. Ixxxv, Ixxxvi.] 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 [cf. p. xcix], 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. 95 And though it is asserted that it was in the minds of the Lords Judges [cxii] 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 defense 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 abund- ant, as Sanfelicius testifies it was decided, dec. 237, num. /j. 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 f^'^ for this kind of exculpation, which is all too much a matter of pretense, 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 [cxiii] 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. 96 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 honor always keeps its strength, according to the sentiment of Virgil in the ^neid, 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 Castebiuovo, 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 honor. 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 can not be suspected, because the murders had not yet been committed, pp. 76 and 77. It is also true that the priest was a ter- rible 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 [cxiv], 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 traveler'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 97 Monastery,'" that she might be kept more decently than in a prison. Then when it received the attestation of the physician as to her con- dition,''" lest she might be kept there destitute of necessary aids, and so might undergo punishment in the very course of events (which is every- where 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 can not commend any one, whoever he may be, who tried to get Francesca from the Monastery under the false pretense 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 [cxv] 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 Blasius, 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 honorable 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 98 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 can not inflict sentence upon any one unless he is either convicted or has con- fessed 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 authorization for that particular matter; nor a general authorization 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 ofE 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 [cxvi] the Accused had killed Francesca to the offense of the Prince, yet since he wished to recover his honor 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 offense 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 can not be punished for the murder of Pietro and Violante,*" because tTiese murders were committed for the same cause, causa honoris. For at their instigation, Francesca found 99 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 honor 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 honor by receiving [cxvii] 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 con- tinued, 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 honor, 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 honor, 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." lOO 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 pretense in fact soon vanishes. For if we look into it well we shall find, without difficulty, that a cause of this kind [cxviii] is no less offensive to the sense of honor. 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 pretense 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 honor 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 honor, 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 honor's sake, the Fisc never could prove that they were killed on account of the lawsuit, and not on account of honor, 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 pretense of being separated from him for any other reason, and if her dishonor were not perfectly clear, then indeed there might be room for the Alexandrian Constitution. But since wounded honor 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 dishonor. 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 lOI not follow; then indeed [cxix] the provisions of the Bull are applic- able. 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 Gov- ernor, 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 Constitu- tions, see Farinaccius cons. 65, No. 66. Finally the matter of carrying prohibited arms *^* is still left for con- sideration. 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 delin- quent chiefly had In mind. So Bartolo holds In our very circumstances. [Citations.] [cxx] And on the point that one killing for honor's sake, with prohibited arms, is still to be punished more mildly, Matthaeus 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 differ- ent 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,*" though he could commit that deed without the crime of crossing the wall (which is a very grave crime, according to Farinac- cius, 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.] 102 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 111 end and then some crime Is committed with them (because the delinquent did not have in mind the crime which he com- mitted), he is punished for both crimes because at divers times he com- mitted 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 of 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 111, 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 Instru- ment of their death excited astonishment, and it would have been the very same if they had been slain with the longest of [cxxi] 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 FarinaccI and others aifirm 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 103 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 argu- ment establishing the fact that the aforesaid crimes were " for honor's sake," they can not 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 go, 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." [cxxii] Finally he can not 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. [Citation.] 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 favors Count Guido, also favors 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. 5/. 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 honor, 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 I04 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 honor weigh upon his heart, that he preferred to be deprived of his daughter rather than that she should continue to live in dishonor, 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 honor 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 [cxxiii] 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 honorably among men, or at least might fall the pitied victim of his own offended honor. H. Arcangeli, Procurator of the Poor. [cxxiv] [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 Honorable Procurator of the Poor. At Rome, in the type of the Reverend Apostolic Chamber, 1698. [cxxv] 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 com- panions, 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. [Citation.] For as we have said in our past argument [cf. p. xxxv] (which may be reassumed here by favor), the Constitution of Paul V, of sacred mem- ory, 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. [cf . p. xxxv] testify that it has been so practiced. 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 honor — namely, on account of the adultery which Francesca Pompilia committed with their con- spiracy and aid, this fact relieves from the penalty of death, not merely himself (according to the texts and authorities alleged in my said argu- ment), [Citations] [cxxvi] but also his helpers (according to the authorities likewise alleged in said argument). [Citations.] Gabriellus 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 Gracchlan law. Code concerning Adultery, even those who are called and led to the crime should likewise be excused." 105 io6 Aside from what may be claimed in this present state of the case, that the plea of injured honor is not established, the decree in condem- nation "^ 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 [cf. p. xcix], makes the matter clear and manifest. [Citations.] For it is there said : " Giuseppe 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 : Jretii in Etruria fuga 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 honor of the wife and to the decorum of the said Canon, for which the Procurator of the Poor, their defender, kept sharply and [cxxvii] 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 dishonor of the said wife from the many strong reasons deduced in the present stage of the case, and well weighed by my honorable 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 honor, 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 Ber- tazzolus 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 honor not merely against his wife, but against his parents-in-law in his confession, especially page 98 : I07 '.' 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 honor and the plots they [cxxviii] 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 com- pany with the abovesaid Santi, and he said that he also would give ear to it, as being specially a question of my honor 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 Fran- cesca, my wife) and of wounding them because they had taken away my honor, 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 honor and plotted against my life." And page 684 : " The Santi above-named was a laborer 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 Ales- sandro 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 honor 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 exag- gerated the excess 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 honor, 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 : io8 " And what I said to Alessandro, Biagio, and Domenico, I also said to Francesco once when he, knowing the offenses against my honor 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." [cxxix] Such a confession should be accepted with Its own qualifica- tions, for the Fisc can not 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, accord- ing to some authorities, for the infliction of an extraordinary penalty. [Citations.] Ludovicus extends this conclusion to all qualified con- fessions 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 abovesald reason. Especially Is this the case with Blasio Agostinelll, page 316: " Signor Guldo told me that his wife had fled from him In company of an Abate, and had carried away some money and jewelry.^"" He led me into the very room where she had robbed him of the said jewelry 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, [cxxx] 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 re- ceived 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 honor; 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 honor." 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." 109 Nor can the plea of injured honor be excluded by the attestations ^^' of those who afforded assistance to Francesca Pompilla 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 testi- mony 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 Mon- astery 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 dishonor 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 [cxxxi] 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 honor 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, § nee verum est [cf . p. xxvi] , even down to § pradictis nullatenus. [Cf. p. xxxii.] 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 Matthaeus 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 no 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 [cxxxii] 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 counseled 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 imme- diately. [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.*"" [cxxxiii] 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 2yy, 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 Fran- cesca and Canon Caponsacchi, for this appeal to the judge. [Citations.] We have alleged many of these authorities in our past argument, § et heec nostra [cf. p. xxxi] : 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 honor. 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 honor. Ill Nor is it at all to the point that the said Count Guido, In his con- fession in one place, beside speaking of his injured honor, also mentions the plots aimed at his life; because the force of honor was far the stronger in his mind, as he himself asserts, page 678 : " In considera- tion of the fact that they had taken away my honor, 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 [cf. p. xxxiv], where for another purpose we have adduced Matthasus [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.] [cxxxiv] 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 cir- cumstances as quoted by Muta [Citation] : " A decision was therefore made in view of the case in general, March, 1617, before his Excel- lency,^" 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 San- fellci [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 Matthsus '"' [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 2,000 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 Fran- cesco [cxxxv] Palomi to the penalty of the galleys for ten years, etc., 112 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 com- plain 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 can not be denied that Count Guido and his associates committed all the aforesaid crimes on the same ground of injured honor. 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 students of the Sacred Law, 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. [Cita- tion.] 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 [cxxxvi] or Apostolic Constitutions prohibiting the carrying of arms, I have alleged many authorities in my past argument, § neque plures [neque vero] [cf. p. xxxix] and above the rest, Policardus, etc. [Citation], who fully examines the matter. My honorable Procurator of the Poor gathers together others in his present argument, § remanet tandem. [Cf. p. cxix.] 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 nee aggravari. [Cf. p. xxxiv.] 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-defense. For the attendant circum- "3 stance of a quarrel relieves one committing crime from tfie 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 favor of the hus- band or of any one else committing murder for honor'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.] [cxxxvii] 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-defense with prohibited arms or in prisons should like- wise be in our favor. For the defense of honor in the case of men of good birth, especially of nobles, is to be likened to the defense 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 anyone 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 honor and liberty; either let us keep them, or die with honor." [Citations.] So that he who spurns his own honor,*'* 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 Cassio- dorus, which we have cited in our past argument § Nee verum est. [Cf. p. xxvi.] [Citations.] Then as to the lawsuit *^^ going on between Count Guldo and the Comparini as regards the fraud about the birth, beside what was said recently [cxxxviii], 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. [Cf. p. xxxiii.] Such provocation in the present case resulted from the 114 injury which the said Comparini inflicted upon this same Count Guldo 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 pretense of bring- ing against Count Guido, for divorce,"'" might be omitted. For beside the considerations offered by my honored Procurator of the Poor in his present argument, § qua etiam aptantur [cf . p. cxviii] , 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 can not apply to him, who said that such helpers are not immune from the penalty of murder whenever they kill anyone with their own hands. For the opinion of this author was proved by us to be erroneous, in our past argument, § quidquid in contrarium. [Cf. p. xxxviii.] I might wish to add something to what has been said in the past argument as to the alienage and minority "' of Domenico and Fran- cesco ; 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 with- out 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 [cxxxix] according to the considerations of Raynaldus. [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. [cxl] [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. "S [cxU] An Account of the Facts and Grounds of the Franceschini Case." [Pamphlet lo.] The property *^ of Pletro Comparini did not amount to more than the sum of 10,000 or 12,000 scudi,*^ subject to a reversionary in- terest ** °° 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 ofE Francesca Pompilia, his daughter, to some person who would under- take 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 m time the aforesaid property either entire, or little decreased.'^ [cxlii] 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 116 117 an annual income of 1,700 scudi/^ which income was later proved to be much less. Because the primary end for which the marriage was con- cluded 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 [cf. p. li] was made to serve as food for seven or eight persons through- out 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 [cf. pp. xci-xcii] and the Governor [cf. pp. Ixxxi-lxxxii] 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 [cxliii] ; 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 for- ward, with pretense 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. ii8 And notwithstanding all this, when Pietro and his wife decided to return to Rome, as soon as they expressed their wish, they were pro- vided 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 Fran- cesca 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 pur- pose 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 them- selves 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 doubt- ful 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. By such a confession [cxliv] 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 ap- pealed 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 honor of the Franceschini, not to say to their infamy. But the latter were able again to restrain the just resent- ment 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 119 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 Frances- chini 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 traveled 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.^^'' [cxlv] 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 traveling 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 con- demnation of the Canon Caponsacchi to banishment to Civita Vecchia I20 for three years, for " having carnally known Francesca," "^ the notoriety and publicity of this adultery followed. Let any one who has the sense of honor 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 [cxlvi] the wife and the adulterer found together in the act of adultery. And there are other examples also, as Tiraquellus 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 canceled. 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 poinj 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 philos- ophic 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 honor and of reputation in order that they might sin with impunity [cxlvii] against the laws of men and might give opportunity to adulterers without any check from disgrace or shame. 121 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 resig- nation 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 from the full hand 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 Frances- chini 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 Franceschlni. 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 Guldo 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 Pompllia had been previously transferred from the prisons into the Refuge called delta 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. [cxlviii] 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 honor of his brother, nevertheless it seemed to him that every man's face had become a looking-glass, in which was 122 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, which had been merited neither by himself nor his household. But the injury of Guldo, 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 reso- lution 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, Pompilla had given birth to a boy ^°° In the home of the Comparlnl, 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 Guide's disgrace. Guldo accord- ingly felt the wildest commotion In his blood, which urged him to find refuge for himself even In the most desperate of determinations. [cxlix] 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 Convertltes,'"* smce the death of Pompilla, 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 honor, 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 adultejrer was respected; for when Guldo made pretense of deliver- ing 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 dishonor proving itself before his very face ; of which dishonor he had heretofore had only a distant impression in his imagination. Then bold and triumphant, he no longer feared to upbraid her with unmasked 123 face for all the insults which had been inflicted upon his honor 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 honor, 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 [cl] 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 traveler leaving Rome. These circumstances are plain evidences of an offended and delirious mind. [Citations.] St. Jerome writes in his letters:*" " Where honor 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 pretense, 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 suffi- 124 ciently 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 minis tr at, '^^* 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, whatever manner is possible, etc. In conformity therewith [cli], Fra- costo speaks as follows :*" " And in truth an ingenuous mind, and one that knows the value of Its own honor 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 can not 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 sus- tained the palace he reduced It to ruin : " And he killed many more in his death than he had killed while alive," as the Sacred Witness testifies. And Christ himself,*'^ although he was very mild and had the greatest patience while receiving opprobrium and insults without ever complain- ing, yet answered, when he knew that his honor was touched, " My honor I will give to no one." '°' And It Is certain that any one who cares for honor and reputation would rather die an honored man beneath mannaia ^^^ than live for many ages In the face of the world with shame and dishonor. 125 [clii] 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 [cf. p. Ixii] : .^ " 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 Pompllla 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 dishonor. 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 authorization con- fined him solely to the power of receiving back [cliii] 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 pretense, he replied that he could easily undertake to purge the wife In the nunnery without exposing her to such evident danger pf greater shame. He also said that he wondered very much that the affection of a father had so suddenly 126 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 color to the honor 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 favor 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 I 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 canceled 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 honor. And, if we were within the circumstances under which the case ought to be adjudged according to expediency, without any hesitation, [cliv] 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 practice for the preservation of his own honor. [civ] SUMMARY. [Pamphlet ii.] October 12, 1697. No. 1.288 Before me, etc., Francesca Pompllia, wife Bond given by Francesca of Guido Fraticeschini of Arczzo, was placcd as"a'"prison. ^^^ " """^ ^t liberty, etc., and promised, etc., to keep to this home of Pietro (son of the former Fran- cesco 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 argu- ment 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. I, the undersigned, certify, etc., as is found No. 2.8« jjj jjjg baptismal record, page 152, the par- Certificate of the Baptism ■ ■• ■ l i i of Francesca Pompilia. ticulars given below, namely: July 23, 1680. I, Bartolomeo Mini, curate, have baptized 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. My dear Father and Mother : No. 3. I wish to inform you that I am imprisoned Letter of Francesca Pom- here in Castelnuovo for having fled from o'rcLt:inrolo"he'i^pa''r"^r 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 187 128 [clvi] 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. j^^ I give you infinite thanks for the octaves Another letter of the same which you have Sent me. All of these are the person, in which she calls the yery Contrary of the Rosalinda, which was as Canon to task for dishon- 111 ^l • j^ajt orable advances. honorable as these are immodest. And 1 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 can not believe that you, who were so modest, would become so bold, etc. j^j^ As to each and all of my properties, etc., I Portions of the appoint, as my usufructuary heir, my wife Signora will of Pietro Com- Violante Peruzzi, etc. And when she dies I appoint ^*'^""' in her stead, in the said usufruct of my entire estate, Francesca Pompilia, the 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 [clvii] Pompilia, this fact was revealed to me by Signora Violante my wife. And this pretense 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 129 forbid that), I wish that she be deprived of the said usufruct of my estate and that opportunity be given for a substitution in favor 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 Tommati ^'^ 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 i,ooo 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 resti- tution 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 1,000 scudi, much less in her power of making a will, because then, etc. October 7, 1694. ^"^ *• , Guido, son of the former Tommaso ** di Authorization for the man- i-. \.- • £ \ £ i.- ' -u ^ ageraent of his affairs made Franceschmi of Arezzo, of his own will, etc., by Guido Franceschini to the made and appointed, etc., to be his true, etc., brother." ^ " ^° °' " 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 [clviii], 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 la^^^ful, 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 Procu- rator, 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 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. 130 [cUx] 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 [cf. p. Ixiii] 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 over- thrown, we declare that the rights of the Fisc can not at all be contro- verted in the case with which we are dealing, since the authorities alleged by the Defense, 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 circum- stances. And for this reason, because the penalty can not 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 [clx] 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 honor. But one can well understand how fallacious 131 132 this argument really is, from what I have already written in § Prima etiim [cf. p. Ixiv] together with the one following, and § secunda qualitas [cf. p. Ixv] and si ergo [cf. p.lxv]. 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 pre- ordained 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 Defense, 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 Laurentlus Matthaeus [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 [cf. p. Ixv] ; 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 com- mitted 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. Farlnacci and Guazzini testify that this has been the practice In the Ecclesiastic 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 [clxi] 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 Farlnacci holds [Citation]), yet in our case, all of the abovesald 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.] 133 The presence of a lawsuit *" is likewise undoubted ; because, on the representation of Pletro Comparini, suit ^*"' was not only brought before A. C. Tommati ^°^ 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 favorable ^'^ 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 defense 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 acknowl- edge that this ought to justify the application of the penalty of the Alexandrian Bull; for this decree speaks in a 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 philanthropic or profane, 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 gallop- ing pen because of the shortness of the time of merely three hours, to prove clearly that [clxii] 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 legiti- mate proof. F. Gambi, Procurator General of the Fisc and of the Reverend Apostolic Chamber. [File-title of Pamphlet 12.] By the Most Illustrious and Most Reverend Lord Governor of the City in Criminal Cases: I For the Fisc, against Count Guido Franceschini '. and his Associates^ Prisoners. Response of The Lard Procurator General of th^ Fisc. At Rome, in the type of the Reverend Apostolic Chamber, 1698. 134 [cixiii] Romana Homicidiorum. [Pamphlet 13.] Most Illustrious and Most Reverend Lord : In the beginning of his recent information [cf. p. cxxv], my Lord Advocate of the Poor has criticized as unjust the dec»ee 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), can not 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 can not 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 [cf. p. cxxxviii], he also criticizes 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 defense 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 Defense (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 labor, 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 vindi- cate 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 [cf. p. Ixxvi], with the one follow- ing. 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 offense the death penalty [clxiv] should be demanded. I hope to accomplish this with little difficulty, since from the very kind of severe torture decreed, by 135 136 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 is the duty of the Judges to pronounce the execution of the well-deserved penalty, which has been long expected by everyone, I have said that nothing new is brought by the defense, since their special attempt consists in repeating the plea of injured honor 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 [cf . p, xxv] together with the one following, and § Pradictis nullatenus [cf. p, xxxii], likewise with the one following; and in the present information, § Verum &* socios [cf. p. cxxvi]. But the same response recurs that for the Accused this exception on the plea of pretended injury to honor 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 com- mitted 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 follow- ing. [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 [clxv] 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 Defense at all relevant; namely that such proof in denial of the adultery is drawn entirely from testi- mony taken out of court, and extorted by the heir *" while a lawsuit was 137 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, [clxvi] proof can not 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 attesta- tions. [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 138 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 mani- festation of Christian tenderness, 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] [clxvii] 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 anyone 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 superabundance 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 Defense. 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 Pom- pilia,^" 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. [Cf. p. cxcv.] 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 substi- tuted a general title relative to that suit, namely Pro causa de qua in 139 actis; and although this correction is not to be read in the record (com- monly called the Vachetta) in which decisions are usually noted, [clxviii] yet it was made in the order for the dispatching of Capon- sacchi to his exile and in the decree assigning to Pompilia the home as a prison. (Summary, No. i.) [Cf. p. civ.] 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 notori- ous 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 defense 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, hot 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 Pro- cessu, for the singular number does not agree with several causes. [Citations.] [clxix] 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 espe- cially true when all parties are present and held In prison. [Cita- tions.] The expression, therefore. Causa, de qua in Processu, should be understood to apply only to the complicity In flight and running away 140 ( for this could be issued without the condemnation of Francesca Pom- pilia), 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 offenses 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 pen- alty 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, [clxx] 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 notwith- standing the fact that the cause was very sharply defended for the accused. [Citations.] Second, because this authority holds good whenever there is argu- ment 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 com- mit his crime there." [Citation.] 141 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 offense, should be considered. [Citation.] Fourth, because the pretended carnal knowledge, so far as it [clxxi] 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 Ecclesi- astical State ; for the strongest proof of that crime was drawn from the asserted sleeping ^^° together in the same bedroom at the inn of Castel- nuovo. [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 criticize 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 Capon- sacchi 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, can not 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 Defense, 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 142 prosecution for Pompilla'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 presump- tions were not considered by the judges because of their irrelevance. This is evident from the lightness of the penalty "* decreed against the Canon, [clxxii] And so the examination of these can not 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 Defense 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 pretense 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 can not 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 [clxxiii], to the injury of her father and mother. Such fear is quite presumable in a wretched 143 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. [Cita- tion.] 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 unsulted 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 despera- tion 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 as these, which are vari- able and can be changed, one can not 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 [clxxiv] 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. [Cf. p. clvi.] The proofs of the abovesaid letter [to Abate Franceschini] drawn from the letters of the Governor of Arezzo, of the Reverend Bishop,"^ and of Bartolomeo Albergotti, are so far from excluding the legiti- mate reason for flight given Ijy herself and the Canon, during the prosecution, that they rather favor It. For although they criticized 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 implac- able." as experience teaches us, were exasperated all the more. Any one 144 may well know that Guide's mind was much more embittered after the lawsuit brought concerning the pretense 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 exas- peration, 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 pretense 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 honor of her husband's family; or if she had fled in the company of someone con- nected with the household.^** [clxxv] 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 con- spired against Guido's honor 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 com- panion for the journey and would have carried out his offer if his infirmity had permitted ; as we read in the said letter " of Francesca Pompllia found since her death and shown in our present Summary, No. 3 [cf. pp. clv-clvi], 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 145 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 Defense in § His praehibitis [cf. p. cix], yet this is avoided [clxxvi], 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 fornica- tion. [Citations.] The following consideration is especially urgent in leading to the belief that the luckless girl thought the Can on would conduct Jijmsel f modestlydurlng the journey. For in one of her letters sTie 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) [cf. p. clvi] : " 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 can not believe that you, who were so honorable, 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 dis- honorable 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 hi^ modesty and continence, since for the 146 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 [clxxvii] 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 can not 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 crim- inal. [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 pretense 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 can not 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 ardor 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) [clxxviii] she could also make a show of ardor for feigning love, since it tended toward the same end of win- ning his good will, so that possessed of his true service she might 147 escape. Therefore, from this pretended love and these feigned signs of love, one can not 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 Defense in § Accedit quod [cf . p. ex] 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 can not 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 un- certain ; 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.] [clxxix] 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 away belief 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 overcurious 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 presump- tion of the evil end Is always excluded. [Citations.] And so In the 148 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 wit- ness receive any support from the pretended letters,^" in which Fran- cesca 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 can not 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 pur- pose of winning him over; nor do they involve an obligation. [Cita- tions.] 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 dishonorable 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 honor. The use also of laic garb,^^^ in which the Canon was found clothed, [clxxx] can afford no proof, because, as he is no priest, he can not 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, journey- ing without the company of another woman or servant. [Citation.] And so the authority of Mattha;us Sanzius, etc.. Is not applicable, be- cause 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 sus- picion of evil ceases. In these very circumstances Cravetta [Citation] says that the interpretation should tend toward lenience, even though the 149 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 [clxxxi] 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 deposi- tion, 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 lle,"^^ for she made that assertion to avoid the suspicion of violated modesty, which might be conceived from a longer delay and more con- venient 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 honor, neither can this lie Injure her. [Citations.] Since, for these reasons, the proof of the pretended adultery is ex- cluded and almost utterly destroyed, no attention should be paid to the fact that Count Guldo, in his confession, claims the mitigating circum- stance of injured honor, as regards both his wife and his parents-in-law ; and that this confession can not 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.] [clxxxii] Nor is such a plea of Injured honor always In one's favor 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. I50 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 anyone. [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 Im- mediately; but If It be real It may be resented after an Interval. [Cita- tions.] 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 can not be committed to compensate for a crime or for its past essence, unless one kill in the act of flagrant crime," etc. [clxxxiii] And in subsequent numbers he responds to reasons given to the contrary. [Citation.] Gaill, after he says that murder com- mitted for honor'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 defense of honor, 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 traveler'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 defense 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 sud- den 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 Matthaeus Sanfellclus 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. i, 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 [clxxxiv] 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 f^ 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 wa^ 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 honor ^^' 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 ven- geance, for the purpose of winning the coveted dowry,*" rather than to vengeance with his own hand for recovering his honor.^^" 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 ven- geance was taken " immediately," because he could not put It into execu- tion 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; from a comparison of these dates It will be easy to see this. Hence, it is evident with what purpose he committed the murders, and whether 152 this vengeance for the asserted reparation of his Injured honor may be said to have been undertaken " immediately," that is, as soon as oppor- tunity 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 [clxxxv] for him to go back to vengeance with his own hand ; and in taking that he can not 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. [Citatldns.J [But the above is true] in spite of the fact that the conclusions adduced by the Advocate of the Poor (in % Et tantum abest) [cf. p. C3cxxii] 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 ven- geance. Although this Is possibly less honorable, yet since It was pleas- ing 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 honor, because of their pre- tended complicity in urging the flight of his wife and in her asserted dishonor. 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 com- mitted to their custody if he had had [clxxxvi] even the slightest sus- picion of their complicity, since he so keenly desired the reparation of their honor. This fact, which was plainly confessed In an Instrument prepared in the statement of fact in the Italian language [Pamphlet id] and very stoutly denied by the Procurator of the Poor, was ad- 153 mitted 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 establish- ment in the said home, of the obligation ''*' assumed by her parents to provide her with food, and especially of her detected pregnancy. [Cita- tion.] 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 Pletro and VIolante in the dishonor of the wife, which latter Is by no means proved. So far Is such complicity from being proved as regards Pletro, 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 Pompilla, laying upon her the obligation to dwell in the City and to live honorably. This Is evident from the details of the said will given in our present Summary, No. 5. [Cf. pp. clvi-clvii.] In this he also asserts that she had thus far conducted herself honorably, 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 dishonor, 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 pretense of delivering a letter sent to them from the Canon,^" the doors were Immediately opened by VIolante ""^ [clxxxvii] to the assassins. The attorneys for the Defense 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 unchastlty, 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 Civlta Vecchla. Therefore the true cause, on account of which the Comparini also were murdered, could be no other than the hatred with which the hus- band had been aflame; [and this first of all was] because of the law- 154 suit "^ concerning the supposed birth, which they had brought, and which had deceived him in his hope of gaining a fat dowry and inherit- ance; [and second], his desire for vengeance because of the pamph- lets "" distributed at the time of the said lawsuit, and which had exposed the meagerness 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 lasa majestas*^" according to the well- known order of the Constitution of Alexander, as was proved in our past information, § Accedit ad exasperandam. [Cf. p. Ixxviii.] To escape the penalty assigned thereto by the disposition of this decree, in vain does he turn to an excuse drawn from supervening pro- vocation. [Citation.] But so far as it is claimed that this crime resulted from the counsel they gave toward her flight, and their com- plicity in the same, the proof of such complicity is entirely drawn from the asserted letter,^" written by Francesca Pompilia to Abate Frances- chini. 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 can not 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.] [clxxxviii] These excuses, indeed, which are claimed to be drawn from complicity in the asserted dishonor, 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 in- validity of the summons ; for this summons was executed against Abate Franceschini, who lacked the authority of a proxy. Yet his authoriza- tion was quite full enough for a lawsuit, as Is evident from Its tenor as given in our present Summary, No. 6 [cf. p. civil], and accordingly when a suit was brought it was ample for receiving a summons. [Cita- tion.] We are also dealing with the conditions of the Constitution of Alexander and of the order of the Banns given against those who com- mit offense on account of lawsuits. Hence the reply Is not relevant, which is given by the Procurator of the Poor in § Quae etiam aptantur [cf. p. cxvlli], 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 honor when 155 committed in anger at a lawsuit. For he takes for granted as proved, what is in question, namely, the dishonor 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 re- sulted 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 pend- ing 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 by her husband, for pretended adultery,""' was still pending. And this decree includes both civil and criminal suits, as is evident from reading it. [clxxxix] Likewise the assembling of armed men,"' and their intro- duction into the City for accomplishing more safely the murder of the entire family, increases the crime to lasa majestas"'^ and also necessi- tates the increasing of the punishment, as was affirmed in our former information. Nor is this avoided by the replies given, or rather re- peated, by the Defense, and especially by the response that since the principal offense was committed for honor's sake (and hence the ordi- nary 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, can not be inflicted ; for the latter is included with the penalty for the principal offense, 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 per- missible cause and in good faith;*" 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. [Cita- tion.] Spada gives this reason, that the Pontiff in establishing this Constitution considered only the uproar and other ills which are accus- 156 tomed 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 Honor, the Advocate of the Poor, in § non refragante [cf. p. cxxxv], 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 appli- cation 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. [cxc] 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 lasa 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 founda- tion, 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 assem- bling armed men, could be applied only when the crime for which the assembly had been made was punishable by the same penalty; and even if this necessity be admitted, the application of the Constitution can not be avoided, because no plea of injured honor 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 the 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 Defense that it is included in the main offense; 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, § nee delationis [cf. p. cc] 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-defense, or for the sake of immediate reparation of honor. [Citation.] The difficulty is at an end in our case, because of the clear disposition of the Banns, which expressly declare and com- 157 mand 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, [cxci] 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 Franceschinl.'''' And this is so in spite of what can be alleged as to Guldo's ignorance of this circumstance. Because in the said writing prepared In Italian for giving true notice of the fact [Pamphlet lo], it is asserted that the entire management of the cause was left and committed to this same brother,^^" since Guldo had left the City. Hence it is quite incredible that Guldo 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 offense permitted therein for honor's sake, we have given sufficient response in our past argument § Quibus accedit [cf. p. ceil] 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 Defense 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 Honor, the Advo- cate of the Poor, admits in § Agnoscit Fiscus [cf. p. cxxxlv] 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 158 to the more lenient opinion. Hence the justice of the decree for the torment of the vlgU should be said to be sufficiently asserted and vindi- cated against opposing reasons. And now [cxcii] 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. [cxciii is blank in original.] [cxciv] [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. [cxcv] Romana Homicidiorum cum qualitate. [Pamphlet 14.] Most Illustrious Lord : The matters deduced by his Honor, the Advocate of the Poor, for the defense 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 de- manded 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 accord- ing 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 Honor 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 dishonor. 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 Gre- gorio. And they gave their aid in carrying this out. Nor is it at all relevant that, in the decree in condemnation of the same [cxcvi] Canon to banishment in Civita Vecchia,"* the title of "carnal cognition" was written down; because, as was formerly re- sponded, the alteration of that was demanded, and likewise the substi- IS9 i6o tution of a general title relative to the trial. And since no proofs of it resulted either from the prosecution or from the defenses which the unfortunate wife (who was dismissed with the mere precaution of keep- ing 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 con- sidered. [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 ven- geance, 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 imme- diately 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 stepmother, 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, [cxcvii] 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 i6i 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 reasQn 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 sufh 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 these very authorities adduced by his Honor, 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. [cxcviii] In law, also, is his assumption proved to be without foundation, which places on an equality [first] vengeance taken imme- diately, 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 honor 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 Honor, 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 practi- tioners of our time in criminal law bear witness. These are [first] FarlnaccI, 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 Raynaldus, 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 1 62 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 favor 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 inex- cusable, so that he can not 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 [cxcix] prohibited under the same penalty by the seventy-fifth Consti- tution 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 can not 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 can not 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 dis- turbance 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. 163 This is true in spite of the response which might favor 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 [cc] 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 on the very act — namely, rash anger, which can not 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. Be- cause 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 can not be afraid that any evil will befall himself in carrying it out. Such preparation is quite repugnant to rash anger, which can not 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 im- posed for the former, as when excuse for the killing is drawn from injured honor, the carrying of the prohibited arms comes to be punished with the ordinary penalty. [Citations.] Nor are the authorities ad- duced to the contrary worthy of attention, for they hold good in the cir- cumstance of murder done in self-defense 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 [cci] 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 z/ 164 this order ceases in murder for self-defense, 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 com- mitted because of a lawsuit ;*^^ for by the well-known decree of Alex- ander VII, of blessed memory, this was increased to the crime of rebellion and lasa majestas,^'" punishable with death and the confisca- tion of goods. This qualifying circumstance as regards the slaughter of Pietro and Violante can not be denied ; because the Accused had won a victory ^"^ in the lawsuit. And hence the offense should [not] be said to have been committed because of just anger for injury inflicted upon him ; [first] by the pretense of birth, which was revealed after the marriage had been celebrated, in order that they might break the mar- riage 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 honor 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 posses- sion 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 pretense of birth revealed, and to the insults contained in those pamphlets ^°° concerning the meagerness 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 suf- fered 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 [ccii] premeditated murders. Nor does it exclude the qualifymg cir- cumstance of the lawsuit, and indeed confirms it; since it is explicitly presupposed that injustice had been committed. Otherwise an oppor- tunity to take private vengeance would be permitted, which in all law is forbidden, especially when a lawsuit Is going on; because then the i65 majesty of the Prince "" is insulted, as was proved in my other informa- tion, § Accedit ad exasperandum. [Cf. p. Ixxviii.] 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 pre- tending 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. [Cf. p. Ixxix.] The manner indeed savors of treachery, as is proved not merely by committing mur- der 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 lasa majestas. [Citation.] This very grave qualifying circumstance, which increases the crime, can not be avoided by the dual response given by his Honor ; first, that we are dealing with no prison properly speaking; second, that one giving offense, or killing in prison, is excused on a just plea of injured honor. Neither of these excludes this qualifying crime ; for the unsuit- ability 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 favor for avenging an injury to himself in a home [cciii] assigned as a prison.^'" The plea of injured honor can help one only if the offense in prison follow in self-defense under the very impulse of rash anger. In such circumstances the author- ities adduced by his honor 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. [Citations.] 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 favor of the milder judgment, still this penalty 1 66 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 lasa majestas,'^^'' which is provable in our case on three grounds; namely offense 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. [Cita- tion.] 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 [cciv] 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. Other- wise the torture of the vigil never could be inflicted upon noblemen, priests, and men In religious office upon whom an infamous penalty can not be inflicted. But nobility affords no privilege In the manner of torment,"''' especially In very atrocious crimes. [Citation.] Giovanni Battista Bottini, Advocate of the Fisc and of the Apostolic Chamber. [ccvi] [File-title of Pamphlet 14.J 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. i6j [ccvii] 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 Anony- mous 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 Frances- chini, 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 Pom- pilia, 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 pretense of Injured honor, 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 differ- ent beginning and an occasion independent of the Imagined ground of honor. In that pamphlet it was presupposed [ccviii] all too bitterly, that Guido's honor had been Injured by his wife; whereas she always preserved her sense of shame and had well observed the laws of con- jugal honor, 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 honor, but from damnable greed," one can very clearly see by considering the fact that for this very object the 1 68 169 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 con- clusively 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 defense 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 practiced 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 Fran- cesca Pompilia. The latter was then esteemed to be the true and legiti- mate daughter of Pietro and Violante Comparini. He set about this enterprise with the aid of his brother Abate Paolo, using the astute pru- dence '" with which the malign serpent advanced his designs in [ccix] 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. Hilario. 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 Signer Pietro '" about 170 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 oJF the grandeur of his country, of the first-rate nobility of his birth,*' and of the great income from his patrimony, amounting to 1,700 scudi.*^ And he gave her an itemized 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 Mor- decai 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 [ccx] 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 con- cludes 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 meager 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 con- sent 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 dis- closes 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 prop- erty, 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 can not be undone, and by means of the cajoleries of Violante his wife '* and the interposition of another Cardinal, whom the Abate, Guide'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 Franceschlni's trick, since Guldo had scarcely a single soldo of his own to pay the first expenses of that marriage agree- ment. 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 [ccxi] meeting these expenses. Hence one may see clearly that the primary object of Franceschlnl in this proceeding was to trick Pietro, and Violante his wife, and their poor child, to enrich himself with the property pf others.** He can no longer deny the fraudulent pretense of vaunted riches of the Franceschlnl 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 Franceschlnl 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,'* 172 The abovesald 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 honor. 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 [ccxii] 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 pretense 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 mediation 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 Tommati.""* 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 con- tinuing to the said Francesca Pompilia the quasi-possession of her par- enthood.'"* 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 pre- tended 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 pretense of birth. The nullity of the dowry contract would none the less be decided, because it had made declaration that the 173 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, [ccxiii] 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 pretense 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 pro- tection to Monsignor the Bishop,^'" and to the Governor,"' or Com- missioner 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 dishonor 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 honor. 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., Ill, 44] : " Alas, flee the cruel earth, flee the greedy shore." But not being able to give her aid in this affair, [ccxiv] he suggested to her that for putting 174 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 behavior, 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 them- selves 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 dishonor, had published the contrary, that he might, by the pretense of injured honor, 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 honor 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 de- clared] that she had been obliged to do as she had done, to find an escape by flight from graver peril, [ccxv] and to go back to the pity of the Comparini, who had raised her as their daughter; and that she had always been careful to keep her wifely honor 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 defenseless wife and against 175 Caponsacchi, who had with him only a little dagger?"" Nothing, indeed! according to what witnesses who were present deposed; for 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 Capon- sacchi 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 honor, 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 Illus- trious 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 judg- ment could not in any event fall according to the designs of the Frances- chini, as there was no proof in the trial of any offense, either in the wife or in the said Caponsacchi, the most Religious Judges, who in prudence were judging rigorously [ccxvi] (for the purpose of giving some satisfaction "'* to the Franceschini brothers in their strong insist- ence, 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 tjie 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 Gov- ernor; 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 Comparinl under security of 300 scudi to keep it as a secure prison."'* 176 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 everyone ; 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 Illus- trious 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; be- cause, 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 criticizing 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 Mon- signor the Governor into consenting to a thing beyond his power. And he rests convicted of this, because the said Abate Paolo was the manipu- lator 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, [ccxvii] wherefrom he had the fullest authority to do as if he were the very person of his brother, with a proviso of after confirma- tion, the efficacy of which everyone 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 pretense 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 safe-keeping.^*'' 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, wihich 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 177 money, for which he continually clamored, 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 Fran- cesca 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 con- clusive 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 ignor- ant. 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 honor, or scandajpus and detestable greed andjcupidity.*® From this arose the hatred in the lawsuits Brought and still undecided, which drew even greater dishonor upon the said Franceschini, and when decided would be for their ruin. [ccxviii] In vain therefore this Anonymous Writer and his other defenders wear themselves out in exaggerating the plea of injured honor. 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 honor,^^* 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 chose 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 honor, 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 honor in the Courts, how can he be per- mitted to commit such awful murders for honor's sake ? 178 For whenever a husband is permitted by reason of natural law, or even by the civil law, to kill his wife for honor'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 honor. And with these judicial proceedings he lost, without doubt, his right of private vengeance for his injured honor, which he might have carried out. And by this one tacit renunciation this right is extinct. [Citation.] For the Writer can not claim that the judicial action brought by Frances- chini would not effect the renunciation of private vengeance [ccxix] for his honor, 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 can not 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 chose one, and when it is chosen he can not turn to the other." And still clearer are the following words of the same author- ity: " 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 can not 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 offense received in his honor ; 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 Capon- sacchi, which were denied by Francesca and were not proved to be her handwriting, either by her own acknowledgment or by her signature. One can not 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 per- suaded to pity the husband who has gone on to kill his wife for the sole reason that she had written love letters. For conjugal honor is offended neither by note, nor by pen, but only by acts of impure dishonor ; and of this, in our case, every shadow of proof is lacking. This is all the more true because the mere suspicion of dishonor 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 terrorized by the anger and hatred conceived by her husband for 179 feigned reasons, [ccxx] And therefore, as the love letters arose from that occasion they ought to be referred to it, and not to a dishonorable 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 offense, nor to hazard her own modesty, nor the honor 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 per- missible 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 offense of his honor 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, with- out 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 [ccxxi] 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. i8o 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 con- stantly 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 honor, 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 honor — 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 salable, 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 can not 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 prose- cution, [ccxxii] 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 adult- erer "^^ 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 neighbors; yea, the voluntary imprisonment"' of the unfortunate child, who was always shut in a small room to guard her honor. Much less could adultery have been committed during the journey, as has been proved to be utterly unlikely, improbable, un- proved, and far from the truth. Nor could it have been committed at i8i 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 honor, 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 can not 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 stigmatizing the honor 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 [ccxxiii] 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 dishonored; because to his other dishonors 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 honor, 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 honor urged Franceschini thereto ? And was not that honor 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 dishonor ? 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 honor. For while the wife was in Arezzo he was staying at Rome. And when she was first married she was not fully thirteen 1 82 years old, and after her flight, when she had returned to Rome, we icnow 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 honor, 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 hus- band. 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 favor ^" from the hand of the very Omnipotent, who caused the wife to survive for a few days. In order that she might [ccxxiv] make clear her own inno- cence 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 favor "* 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 aflirm that the Abate ^° had been the whole founda- tion of this scandal. For he had urged Guldo 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 mar- riage 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 honor, 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."' There- fore 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 honor of his brother. i83 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 honor 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 the many other Improprieties, which have 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, [ccxxv] 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 Alex- ander 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 Guldo 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. [ccxxvi is blank in original.] [ccxxvii] Romana Homicidiorum. [Pamphlet i6.] 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 oppo- nents. Yet we have proved the contrary in our former argumerft § quam- quam ad hoc. [Cf. p. xxvi.] 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 Tri- bunal, by which such adultery was declared.^" Although the words of this decree have been given in the present information, § Absque eo quod [cf. p. cxxvi], yet I wish to repeat them here, because they are so clear: " Giuseppe Maria Caponsacchi, of Arezzo, for complicity in the flight and running away of Francesca Comparini, and for criminal knowledge of the same, is banished for three years to Civita Vecchia." But I can not 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 impris- oning 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, § l^ec verum est. [Cf. p. cxxvi.] 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 184 i85 infirmity,"*' but I may say more truly that it was because of her preg- nancy, 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. [Cf. p. cxxvii.] [ccxxviii] Likewise I can not 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 con- clusively 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 afterward 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, § nee verum est. [Cf. p. xxvi.] 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, especially 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 pretense 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 honorable 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 [cf. p. cxxx], and the § following. And since she had lived badly, not to say in utter baseness, to the injury of the honor 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 § Nee valet diet. [Cf. p. cxxxi.J i86 As therefore it remains firmly established that Count Guldo had just cause for killing, or causing to be killed, Francesca Pompllla, [ccxxix] his wife, the same must be said as to the murder of Pietro and Vio- lante,"^ 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 conse- quently were among the causes of the injured honor and reputation of Count Guido. And this injury to his honor had also resulted from what they had pretended and had exposed before everyone — 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 panders. [Citations.] The confession of Count Guido can not be divided from its qualifica- tion, that he had demanded the murders for honor'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. [Cf. p. cxxix.] 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 § Prasertim. [Cf. p. cxxx.] But just as the plea of injured honor 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 favor, that he was not of sound mind,*°* according to what was affirmed in our information from § Agnoscit Fiscus [cf. p. cxxxiv], down to § Quo vero ad litem. [Cf. p. cxxxvii.] 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 favor for his fellows, who as auxiliaries can not be punished with a greater penalty than the principal himself, according to almost innumer- able authorities, and they of great name, who were alleged in my past argument, § Qua dicta sunt [cf . p. xxxvi] , with the following, and in my present argument § Verum et Sociis. [Cf, p. cxxvi.] To this, no response has been given by the other side. i87 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. [Cf. p. cxxxviii.] And as to Domenico and Francesco, beside what has been deduced in favor 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) [ccxxx] nor by the Apostolic Constitu- tions prohibiting the bearing of arms,"' as we have said in our past argument § Quae eo facilius. [Cf. p. xxxix.] 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 dimin- ished, 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 author- ities recently alleged. [Citations.] This opinion also has a place in the crime of murder, notwithstanding the order of the text. [Citation.] " 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 [ccxxxi] 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.] 1 88 We do not know whither the Fisc pretends to turn for the destruction of these foundations in law, because my Honorable Lords, the coun- selors 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 establish- ing them, according to what was alleged in the past argument § Quae eo facilius [cf. p. xxxix], 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 can not 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 practiced 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 ax 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 [ccxxxii] and its dependencies are not bound by the statutes of Flor- ence ; 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 can not 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 judg- ment we have been unable to guess, I pray that these be kindly com- municated to me, lest the poor accused minor may remain undefended. 189 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 defense, not to speak of what they may learn about it from the Anony- mous Author [Pamphlet 10]. [Citation.] Desiderio Spreti, Advocate of the Poor. [ccxxxiii is blank in original.] [cCXXXiv] [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 Honorable Advocate of the Poor. At Rome, in the type of the Reverend Jpostolic Chamber, 1698. 190 [ccxxxv] [Letter I.]"" To the illustrious Signor, my most worshipful Signer and Patron : Too late have arrived those proofs, which were sent to me by your Honor, on behalf of Signor Guido Franceschini of blessed memory. For when the Congregation of Monsignor the Governor had deter- mined, in spite of the reasons given in his favor, 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 execu- tion 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 favor], 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 Jie has been, pitied by all_men of honor and by all good men, . Confessing my own shortcomings, I can not 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 reaflirm myself as ever . Your Excellency's most obedient servant, Rome, Februa^ ^i,. i6q8. Giacinto Arcangeli,"" To the illustrious Signor, my most worshipful Signor and Patron, Signor Advocate Francesco Cencini,^^ Florence. [ccxxxvi is blank in original.] [ccxxxvii] [Letter IL]"" Most Illustrious and most honorable Signor, my most Worshipful Patron : 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, with the loss of his head, while the four cutthroats have been hanged. The case was decided Tuesday,^'^ but because his clergyship was adduced, and on this ground it was claimed that the death-sentence had no place against him, a messenger was despatched to Arezzo later on to get proofs of it. But the Pope yesterday issued his warrant, and ordered that it be carried out completely to-day. 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 defense, 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 191 it has not been made good with all that has been written, and there have not been lacking admonitions of greatest consequence, since the Am- bassador of the Emperor*"' spoke of that point on Tuesday, as he himself told me day before yesterday. And then the matter [ccxxxviii] 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 favor me with those copies of the process as soon as possible. And If Canon Phlllppo does not give us the oppor- tunity, 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 devoted and obedient Servant, Rome, February 22, 1698. Gaspero del Torto. To the most illustrious and most honorable Signor, My dear Signor, Signor Francesco Cencini," Florence. [ccxxxix] [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 in- structions. The Instructions were that they would await the proofs of the well-known clerlcate.*^ At this favorable decision the defense took heart and Guido's good friends began to breathe agaln.*"^ Then last evenings at eight *"_q' clock Monsignor signed of his own accord the warrant, in denial of the clergyship so far as It 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 the present case, because Monsignor wished It so. I Inclose 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 present interests I may serve your Excellency in the matrimonial case [ccxl] and in the other of Gomez.*" Therefore I set myself to all that your Excellency shall write, praying evermore your continual commands, that I may ever be your Excellency's Obedient and humble servant, Rome, February 22, 1698. Carlo Antonio Ugolinuccl [ccxiiii] Rom ana. [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 Com- parini, 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 offense, (in whose excuse the plea of injured honor is especially strong) if I should wish to push the defense (which was committed to me long ago) of the shame and honor 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 Honor, My Lord Advocate of the Fisc, In his very learned allegations distributed in both ''" presentations of the case), first that the memory of the afore- said 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] [ccxliv] nevertheless when a crime is atrocious, and of such a nature that It~lnvolves in itself a brand of Infamy, its memory ever endures. Therefore it is worth while for the principal to vindicate the fame of the authoress from the asserted crime of adultery [Citation]. PeregrinI 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 193 Is conceded by law." And Boss 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 honor, 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 can not be denied by the principal himself, as the beneficiary heir and successor of the same Pompilia and Pletro Comparlnl, 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.] [ccxlv] 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 Castel- nuovo. 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 i8, last past, against Guldo 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 defenses 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 Pletro and VIolante Comparlnl In execution of the agreement Included In the marriage-contract.'' And on account of this poverty the Comparlnl 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 194 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 tgitur, 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 presump- tion presses upon him very strongly that the complaints were just and that the cause of their quarrels and altercations was well founded. [Citations.] [ccxlvi] 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 pretense 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. [Cita- tions.] 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 can not be questioned that such perils are quite suited to strike fear even into any hardy man. [Cita- tions.] 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. 75, he considers the absence of relatives as a ground for fear. And D. Raynaldus [Citation], [ccxlvii] 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 abom- inable, the former is to be fully received, and thereby the charge of crime 195 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 thanlced Abate Paolo because he had joined her in mar- riage with his brother, pretense 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 pretense] 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 sub- stantiated or not, and whether or not the qualification should be con- sidered 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 [cf. p. civ], in the second setting forth °^* [ccxlviii] 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 volun- tarily,"' 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 Guldo's craft, and the fact that the letter was obtained by false pretense. 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 criticize Guido dally for them. [Citation.] 196 As to her association with Canon Caponsacchi, this likewise does not seem enough to establish the blot of dishonor. 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-Com- missioner,'" 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 lowborn 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 Gullllchini,"' who were related to Pompllia's husband. [ccxlix] 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 fulfill 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 honor 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 197 was offered by me in my allegation as regards that flight, namely that of Scipio Africanus. [ccl] 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 honor 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 § Quidquid 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, Pene- lope 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 peti- tioned, 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.] [ccU] 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 dishonor 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 per- 198 missible, even though suspicion is not lacking; for these should be con- sidered, 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 can not 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 dis- honorable." 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 honorable, but the other octaves are quite the contrary. I can not believe that you, who have been of such honor, 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.] [cclii] Since therefore the honor and modesty of Pompilia is vindi- cated from the flight and the letters, of still lighter weight are the other proofs of pretended dishonor. 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 199 the household (aside from the fact that it is not proved), would afford proof of sagacity rather than of dishonor, even if it were proved. For the wife would have been very foolish if she had attempted flight with- out such a precaution.^"^ Under the same lack of proof labors 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, [ccliii] Especially since his word is shown to be too much preju- diced ; 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. Inas- much 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 improba- bility, 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, while return- ing to Arezzo, he had met Guido Franceschini, her husband, following her. Because if he had seen her kiss, he would have recognized 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 dishonor drawn from the asserted sleeping to- gether 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, [ccliv] 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 precipi- tate 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 interpreta- tion should always incline to the humaner side, even when the rigorous 200 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 credulous- ness of her husband, and possibly asserted this to avert further suspicion of violated honor, which certainly might have arisen if she had con- fessed 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 dishonor 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 heara her continually praying that she might be given no forgive- ness by the Divine Clemency for such a sin.'^° This assertion made in the very face of death, [cclv] 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 Pom- pilia of dishonesty can be established upon the asserted decree of this most Illustrious Congregation, by whom Canon Caponsacchi was con- demned to three years' banishment in Civita Vecchia,"^ with a state- ment 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 honorable Judges, with the approval of his Excellence the Governor. And there- fore, 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 defenses 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 201 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 con- demned, 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 [cclvi] in the dishonor of the wife resulting from the said decree, and which mould 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 can not do her injury after her death. Antonio Lamparelli, Procuratomof Chanty. [in old writing] And according to the letter of Carolo Antonio Ugolinucci, May 17, 1698, I understand that the criminal court after two votes, de cided on absolution. [cclvii is blank in original.] [cclviii] [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 Francesco Pompilia, formerly wife of the former Guido Franceschini, against the Fisc and Associates in the Lawsuit. Memorial of Fact by the Honorable Procurator of the Poor. At Rome, in the type of the Reverend Apostolic Chamber, 1698. 202 [cclix] INSTRUMENT"" OF FINAL JUDGMENT. [Pamphlet i8.] 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 favor of Domenico Tighetti, as an heir beneficiary of the same Francesca Pompilia, from all dis- quietude,'" 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 cita- tions 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 cita- tions made by my own act, and written below, and of the sentence ren- dered 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, [cclx] 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 Gambi,*" Procurator General of the Fisc, and of the Reverend Apostolic Chamber. The Honorable Giovanni Maria Serbucci, Procurator and Manager of the lawsuit brought by the former Guido Franceschini. The Honorable Francesco Paracciani, Procurator of the Ven- erable Monastery of St. Mary Magdalene of the Convertites in the Corso. 203 Against the Procurator General of the Fisc, etc. He says that no sentence can be given, unless in favor of the Fisc, and so far as, etc., insists that he be granted delay for the purpose, and in the meantime they can not 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 testi- mony of the opposition in prison, and without citing all who have in- terest, etc., this 1 8th 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, Pro- curator, presented his case and petitioned as above. Thereupon the Most Illustrious and Most Excellent Lord, Marcus Antonius Ventur- inus, J. V. D.,*" "" who holds the judicial bench, for the Most Illustri- ous 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 favor 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 the heir- beneficiary of the former Francesca Pompilia, the wife of the former Guido Franceschlnl 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, Procu- rator 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, 204 and as regards other matters in the conduct of the cause or causes of this kind, [cclxi] 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 what- ever 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, pro- nounced, 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 presente of Antonio Ber- nardino Piceno, and Antonio Toparino of Caprarola, Witnesses, etc. By the Most Illustrious Governor of the City in criminal cases, or the Most Excellent Lord Venturlni. 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 Pom- pilia, formerly wife of Guido Franceschini : Charitas. The Honorable Giovanni Maria Serbucci, as Procurator and Man- ager of the legal proceedings of the said former Guido Fran- ceschini, as principal on the other side. The Honorable Francesco Paracciani, the Procurator of the Ven- erable 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 i, 1698. When we had made statement of fact, R. D. Alexander Cassar, Sub- stitute Procurator of Charity, appeared, petitioned, and was granted, as above. 205 By the Most Illustrious Governor of the City in criminal causes, or by the Most Excellent Lord Venturing 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. [cclxii] 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 i, 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. Alex- ander 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 Dom- enico 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 prin- cipal on the other side. D. Francesco Paracciani, Procurator of the other side for the Venerable Monastery and Convent of Santa Maria Mag- dalena 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, sub- stitute Procurator of the Poor, appeared, petitioned, and was granted as above. 2o6 By the Governor in criminal causes, or the Most Excellent Lord Ven- turini. 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 Prin- cipal on the other side. D. Francesco Paracciani, as Procurator of the Venerable Monas- tery and Convent of St. Mary Magdalene of the Convertites 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, Sub- stitute 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. NOTE. "The following pages contain a MS. contemporaneous account of the execution of the principal actors in the tragedy which has been immortalized 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 Hand- book 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. 20g 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 pre- text 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 Frances- chini, had her secretly married during December, i6pj, 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 by the penuriousness they showed in the food, and in many other matters. One morning while they were at the table they heard their daughter denied fire for warming her bed, and saw the Franceschini practice many other cruelties toward her. They -wci^ 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. 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 14 209 2IO 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 hus- band, 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 neighbors. 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 rela- tives 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 Jubi- lee "" 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 Tommatij^'^.and 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 the Comparini to the Tribunal of the Sacred Rota, but the suit still remains undecided.^** In the meantime the Frances- chini, 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 Frances- 211 chini, 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 car- riage.'" 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 practiced 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."' Jnd 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 honor 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 212 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 cutthroat 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 neighboring 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 favor 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 cutthroats 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, hut 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 traveled 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 havTng 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 examination 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 213 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 recognizable. 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 hus- band. 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 defense with much erudition, especially by the Advocate of the Poor, who was a cer- tain 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 Piazzo 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. ttz.]*** Franceschini and his companions were informed of their death and were placed in the Consorteria. There they were assisted by Abate Panciatichi and Cardinal Acciaioli, *" 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 Gov- erno, 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 be- headed. 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. NOTE. The following additional account of the Franceschini murder case was dis- covered a few years ago in the Royal Casanatense Library, Rome (Misc. Ms. 2,037), 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, the majority of them from Rome of the 17th century. The volume is in a hand of the early i8th century, and contains an indorse- ment 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 pam- phlet, by one who has considerable knowledge of the crime. 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 GrifHn in the Monthly Review, November, igoo. 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. 216 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, pro- ceeded 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 favor 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 short- comings 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 alli- ances 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 oSspring, 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 2l8 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 rever- sionary 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 hair- dresser 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 per- suade 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 i,7CXJ 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 favor. Meanwhile Comparini had become better informed of the rank and property of the Fran- ceschini 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 con- stituted 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 there- fore 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 pres- ent, 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 administra- tion 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 219 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 Frances- chini 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 com- mand of another woman, since she had been in the habit of domineering," as her husband had been subject to her wnshes, so tormented him that she induced him to take up his residence in Rome again. For this purpose the Frances- chini 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 PompiUa 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 pretense, they took separate bedrooms ; still further, by well-arranged clothes, she feigned the swelling of the womb, and by suitable drugs made pretense 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 neighbor, who was aheady in the secret. When she had returned to the house she summoned a famihar 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 beheve what was not really so. And to trick more surely the thought of this neighbor, 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. j- 1 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 220 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 diflferent 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 her- self 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 in- formed 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 con- nection, 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 traveled as fast as they could,''* without resting save when jt 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. 221 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 valor 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 honor 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 deposi- tion 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 Guide'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 honor'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 intima- tion to Abate Paolo that he should resign his office. At the loss of this honorable 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 dishonor 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 honor 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. 223 In due time Pompilia had given birth to a son™ who was sent out of the house by the Comparini to nurse."" Thereupon everyone 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 reconcili- ation. 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 dishonor by the death of Pompilia, Pietro, and Violante, and possibly of still others. ,.,,,. »n Guido had in his employ, in the country, a danng and wicked laborer [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 honor. The cutthroat straightway accepted and declared that, if there were need of other com- pany, 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,™ accom- panied 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 paiu Itd^th^-eatthroats, 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 neighbors 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 223 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 prayer 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 on pages Ivii-lx.] Divine justice, which would not suSer 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 drowsi- ness. 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 rigor, 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 honor which had been so publicly offended. This was a matter which any common man would have under- taken, not to speak of himself, who was a gentleman; and if on his first exam- ination 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 honor as his.sole end. With the confession of Guido and its ratification by the rest, the process was finished, and they were sentenced,*" the cutthroats 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 defense on the point of honor 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 law-suit 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 honor. 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 honor has never suffered me to perceive what it was until now that sentence has 224 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 accom- panied 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 honor 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 scaflold,*" 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 theater for festal celebra- tions 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 accom- panied 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 behavior 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 225 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 honor. 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 con- sented 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 pretense 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. IS The Making of a Great Poem. An Essay On the Relationships of The Ring and the Book to the Old Yellow Book. Lovers of dead truth, did ye fare the worse? Lovers of live truth, found ye false my tale? THE MAKING OF A GREAT POEM. "So absolutely good is truth." /. The Mystery of Poetic Creation : The philosophy of art concerns itself with some of the most profound truths of humanity, and the creative act and creative artist alike have always fixed the attention of the thoughtful. In olden days, the divine afflatus endowed the vates with a sacredness which all men revered. Bards wandered safely amidst even the more barbarous conditions of medieval life. Artists have continually invoked divine assistance, whether of the Muses or of the heavenly Urania. The scientific spirit of our latter day may not regard with religious devotion this divine mystery of creative art, but it is still probing with no less interest the meaning and power of the creative activity of the human spirit. This diverted regard has shown itself largely in the increased study of biography and of source-materials, which have been sought and sought again for an explanation of the mystic power we call genius. The biographical study of artists, which has increased so greatly in recent years, has been no mere idle curiosity concerning personal gossip ; and the reader has turned in disappointment from many a biography, from which the personality of the artist — the one all-important x of the problem — has utterly escaped. The biographer's attempt to trace power to the facts of heredity, education, and environment seems to fall far short of this purpose. And so the mystery of creative genius gets but a half answer in biography. Latter-day critics have also turned in their research to possible revela- tions from source-studies. How far does the artist's raw material control or master his creative activity? What is the difference between the material and the final product? What personal activity of the artist effected this change? We soon find that art Is far more than matter of fact. It Is personalized, subtlelzed fact — fact raised to a higher coefficient by the intense play of genius upon it ; It Is fact athrob with the deeper truth of life, which is part of the endowment of the great artist. Some alchemizing power, which is a function of the artist's personality, has wrought the change. And this power Is little less mysterious now than when In olden days it was called Inspiration. The play and the illumination of this power differ indeed with the individual artist, and the general problem of its place in art assumes new aspects with each 228 genius studied. Nineteenth century criticism has already examined, so far as lay in its power, the artist's work upon his originals. Beginning with Shakespeare's source-books, it has followed on to those of Chaucer, Goethe, Milton, Tennyson, and others. Each of these studies has served to emphasize the import in art of the inalienable personal force of the man of genius. He has succeeded in no mere lucky find of what would have made another man great. We are told that the story of Evangeline was given originally to both Longfellow and Hawthorne, and that for a while there was a question as to which should use it. But we can not doubt that what has fixed the world's attention on Evangeline would have been lacking if even Hawthorne had undertaken his ver- sion of the story. Now source-study can in no sense fathom or explain away the element of personal power in creation, but it can at least differ- entiate the peculiar master-power of each artist; it can make clearer the Miltonic, the Shakespearian, the Chaucerian touch. For in art, as in life, we find important data for estimating the man in considering the material upon which he reacts and in which he takes a peculiar interest. Many a secret of personality opens at the sesame of a master passion or of a dominating interest, and slowly from the contemplation of these various artists at work we may evolve a philosophy of creative art. With a view toward a fuller solution of this master problem, and toward a clear comprehension of the peculiar genius of Robert Brown- ing, the present source-study of his chief poem has been undertaken. i For Browning is one of the most original and vital of our English poets, and the play of his personality in its creative moments can not fail to interest the student of art and the student of the human soul. In this comparison we may trace the creative reaction of Browning through a period of four years upon a mass of chaotic, unpromising material. Browning's habits as an artist come gradually into clearness as we follow this study to its ultimate outcome. We see his reverence for I truth, his intense human sympathy, his grotesquerie, his realism, his insight into motive, and his easy mastery of countless details. While his r intellect grasped every fact of this history, his insight and imagination had free sway; and he felt no check to his power in his abiding conscien- t tiousness in the use of fact. Still further, this study does much to explain the creation of the unique genre which Browning has developed from his practice of monologue writing for The Ring and the Book as his crowning work. //. The Ring and the Book as the Macrocosm of Browning: In the wide range of the work of Robert Browning no single poem can rival The Ring and the Book in scope and manifold power. The subject had fallen to his hands at the very fullness of his maturity by 229 " predestination," as it seemed to him. In the poem, as he planned his treatment, there was opportunity for every phase of his peculiar genius, so that the completed masterpiece became the macrocosm of his work. Fortunate indeed is the artist who at the climax of his career meets the subject that will exact all and express all of himself. Browning's whole artistic life had been tending toward some such large expression of itself, and the poet did not hesitate to invest lavishly of his creative energy, confident of the final power of this work. In his early manhood he had written long poems — the biographies of his aspiring heroes; but they had been intense and narrow, eloquent but chaotic. Moreover, Browning the humorist and realist is utterly lacking in Paracelsus, Sor- dello, Strafford, and we may almost add the dramas. Then follows a quarter of a century devoted to shorter subjects, from many phases of life, but none of these singly can '* all-express him." They display widely varied powers. His humor laughs through Lippi, his roman- ticism follows the flight of the Duchess, his satire pierces Johannes Agricola, his philosophy falls from the lips of Rabbi Ben Ezra, his analytic keenness in character pierces the episcopal robes of Blougram, his grotesquerie runs riot in Caliban, his hero-worship exalts Luria, and his personal devotion utters itself in One Word More and By the Fire- side. These poems, gathered chiefly in Men and Women, 1855, and Dramatis Personae, 1864, had firmly established the Poet's reputation,! so that he stood at least a sure second to the famous Laureate. None of them represent long-protracted thought and labor. At this juncture the story of Pompilia and Caponsacchi and Giiido fell In his way. He might have made of it a dramatic romance of a few hundred lines. He preferred to give It an importance in his art far beyond anything he had ever essayed. This had not been the cherished purpose of a lifetime, as were the Paradise Lost, the Divina Commedia, the Faust, or the Idylls of the King, But Browning almost Instantly realized the fitness of the subject for his magnum opus — though it had none of the prestige of the century-laden legends which fascinated these other poets. Hence he treated it In no cursory way, but continued working on It till the poem had reached epic dimensions, till he had devoted to it four of his ripest years, and till It had deployed every energy of his nature. He has nowhere displayed more telling Irony, In which he is so eminent, than in Bottlnl ; more profound philosophy than in the Pope ; more tender understanding of woman than In Pompilia ; nor sadder nor wiser insight into the depths of sin than in Guido ; nor a finer conception of true heroism than In Caponsacchi. The poem ranges through many emotional keys. It contains long passages little removed from prose, save in form, but it rises to heights of impassioned poetry seldom attained by Browning. It is therefore what the long poem should be — expressive of the whole nature, the whole art, the whole 230 view of life of the Poet. That he himself saw here his greatest subject * is evidenced, apart from this excessive expenditure of time and skill upon it, by the motto from Pindar which he inserted in the " old yellow book": Her strongest-winged dart my Muse hath yet in store. He would, therefore, summon every power to his new theme and spend more of himself on it than on any other subject with which he had ever grappled. And yet, though written broadly and deeply, it was simpli- fied in method and in style until it was fairly directed to the average intelligence of thoughtful readers. It can in no sense be regarded as a critics' bone of contention, but is one of the most lucid of all of the Poet's works. Hence it is no matter of surprise that the better critical appreciations of Browning which have appeared of late years, such as those of Brooke, Dowden, Chesterton, and Herford, have given the poem a place of greatest importance. It stands eminent, we do not hesitate to say preeminent, among the longer English poems of the nineteenth century. ///. The Poet and the Source-study of his Poem: With a self-consciousness of his artistic functioning, not unusual In Browning, the Poet insistently calls attention to the source of his long poem. The very title includes the Book ; and The Ring and the Book is symbolic of the artist's use of his raw material for the purpose of his art. In the introductory book of the Poem, the Poet describes the finding and the nature of the Book with such particularity that the reader naturally queries, is there book at all, And don't you deal in poetry, make-believe, And the white lies it sounds Hke ? The sham book of memoirs or the book of letters Is such a common- place in fiction that its mere mention excites the Incredulous smile. De Foe was a past-master in this art of sham originals, and Haw- thorne has made this device a door of entry into his Scarlet Letter. But Browning had long given his readers the Impression of a some- I what different art — of a thoughtful grappling with fact as he found it — of a straightforward truthfulness of art. " Truth-teller was our first great Alfred called, truth-lover he " might well have been said of Browning, as it was said of Tennyson. Yet no one has had at hand the j material to proveihis marked fidelity to the fact-basis of his imaginary I superstructure) In The Ring and the Book. The Book, Indeed, Is no ! fiction, but a veritable fact, shaping the Poet's whole story. • " I know he thought The Ring and the Booh was going to be his greatest work long before he had finished it. • * • he often told me while writing that it would be the longest poem in the English language. He was more and more interested in the work as it advanced." — ^I^etter from Mr. R. B. Browning. 231 Nor is he satisfied to consider its contents as crude raw material. To him they are " pure gold " — " in this book lay absolutely truth "— The untempered gold, the fact untampered with, The mere ring-metal ere the ring be made ! And he continues, From the book, yes ; thence bit by bit I dug The lingot truth, that memorable day, Assayed and knew my piecemeal gain was gold. His insistence on his figure of " the gold " shows how highly he valued the contents of this old volume. They were truth — truth that chal- lenged him, truth that called forth all his mastership, truth that tested all his insight. And " truth " is a master word throughout the Poem, to which speaker after speaker returns with strong insistence. The philosophy of life's truth is one of the most important phases of the thought behind the story and the characters of this Poem. Still further the Poet was intensely interested in the psychological process whereby this " gold " of truth was fashioned into the " ring " I of art. No critic nor philosopher could show a closer Interest in this play of poetic genius upon its material. He would pluck out the heart of this mystery — a mystery which fascinated him all the more because it had been his own familiar for half a lifetime. He who had taken apart the " wheels " of so many souls, now looked curiously into this subtlest power of his own mind. What was the process of this trans- mutation? Whence was its power? The material was not worthless in itself; but upon it the spiritual power of the artist had to work with life-giving mastery until he too became a creator and reached man's highest function. No less, man, bounded, yearning to be free, May so project his surplusage of soul In search of body, so add self to self By owning what lay ownerless before,— So find, so fill full, so appropriate forms — That, although nothing which had never life Shall get life from him, be, not having been. Yet, something dead may get to live again. Something with too much life or not enough, Which, either way imperfect, ended once : An end whereat man's impulse intervenes, Makes new beginning, starts the dead alive. Completes the incomplete and saves the thing. A third of a century before, in Sordello, line 1212, Browning had said — they are fain invest The lifeless thing with life from their own soul. 232 And Swinburne's words from the Prologue of Tristram of Lyonnesse state this same truth : and give Out of my life to make their dead life live Some days of mine, and blow my living breath Between the deep lips of forgotten death. This creative power seemed to Browning to be the artist's highest prerogative : But here is the finger of God, a flash of the will that can. It masters death in these moribund or extinct relics of life, and Brown- ing does not hesitate to liken it to the miraculous, life-giving power of Elisha. ( RB., I, 760-7 1 . ) This power lay in the artist's " surplusage of soul," in the abundant life of the spirit, in the ability to " fuse his life with that inert stuff," till the story was athrob with a new life, subject to the shaping and molding hand which would reduce it to art form. Such creative vitality ever distinguishes, the genuine artist from the mere technician: The life in me abolished the death of things, Deep calling unto deep : as then and there Acted itself over again once more The tragic piece. A spirit laughs and leaps through every limb, And lights my eye, and lifts me by the hair, Letting me have my will again with these. This creative joy is akin to the creative joy of God as elaborated by the Poet in the last book of Paracelsus (lines 642-80), and man shares thereby the high prerogative of Deity, he himself rising to godlike power. Such is the dignity and the glory of creative art in the feeling of Robert Browning. We may see, therefore, that the Poet himself invites, nay allures, his readers on beyond the Poem to the Book, In which he had found the (story, and to a study of the ''poetic method'' m changing " book " into " ring." And few readers of the Poem have failed to respond to him land to raise silent question as to what truth the Poet had found In his documents. What is the gold of fact? How much is alloy? What was Browning's mastership over his material? Did he disregard the integrity of fact? Did he expand his masterful tragedy from a few scattered hints, or did he owe his source-material a large debt for even the form and expression of his poem? Such questions will find abund- ant satisfaction in the perusal of the Book itself, and the study of "ring " and " book " side by side throws a flood of light on the indi- vidual artistic mastery of Robert Browning. 233 IV. The Peculiar Features of the Present Source-study : There are, moreover, certain peculiar phases of interest in the source- study of The Ring and the Book as compared with that of most other important poems. Almost all the important extensive poems have had a long ancestry either in oral or written literature. Our primeval epics grew up through cycles of ballads. Many a literary ancestry is traceable back through centuries of varying forms, until the origin is lost in the mists of the prehistoric. Lowell has put this fact in his own way when he says " All the good stories came out of the ark." The Arthurian legend, which Tennyson used as basis of his own longest poem, is typical of such stories, and of the making of books on or from it there is no end. The Earthly Paradise, which was written and published in the same years as The Ring and the Book, is a patent retelling of world-old stories. But, unlike all of these, the pedigree of The Ring and the Book is democratically short. The story had arisen abruptly from real life — Secreted from man's life when hearts beat hard, And brains, high-blooded, ticked two centuries since. It stirred the excitement of its own brief day, and would now demand the heaviest headlines of our sensational journals. The facts werej thrown at once into the professional statements of the criminal courts, but then died away. The story never engaged an artist's attention, nor had it been tested by popular appreciation in the century and a half which elapsed before it fell into Browning's hands. The material therefore had had no artistic breeding. Browning in fact has written few poems on conventional and long- practiced subjects ; he seldom turned to the well-bred story, and when he did so, as in The Glove or Alcestis, it was for the purpose of present- ing his own unique interpretation of it. He preferred to gather ma- terials and subjects in out-of-the-way, unpromising nooks and corners. He was the sol* important Victorian poet who did not draw upon the Morte d' Arthur; and the well-trodden paths of the rich mythology and history of the Greeks tempted him very little, especially when we consider that he was so intimately acquainted with all that was Greek. And those Greek themes he adopts, such as Pheidippides and Balaus- tion, have abandoned all adherence to classic tradition in form and spirit. To him, therefore, the fact that his story was a literary upstart would have had no deterring effect. It probably stimulated his interest. Browning's source-material is also far more definitely limited and ascertainable than is usually the case with the sources of great works of art. The Arthurian legend is too complex and multiform for the critic to feel definitely sure of all his data in such study. Even in Shake- speare, where we have some well-ascertained source-book in novel, or 234 play, or poem, or history, we are seldom certain whether the poet has not had one or even several other versions of his story before him. He doubtless had his Plutarch in thought while writing Julius Casar, but we can not tell the countless sources from which he might have drawn certain of the facts and feelings of the story, for Julius Caesar was a popular subject on the stage for many years before Shakespeare used it, and the theatrical tradition must have influenced the dramatist in many ways. But we have here in the Book not merely the definite source of the Poet's information, but we are sure it was practically the sole source of his information. The story was not told in variant versions elsewhere; It was not developed into countless ramifications by generations of writers. Even the variant versions of public history of a date equally remote would afford the artist far more opportunity for artistic choice. But here in the Book we can be sure that we have before us the entire basis of fact for the Poem as Browning has wrought it. His careful search for further fact was in vain. (Cf. RB., I, 423-4i> XII, 779-84.) This gives an exactitude, a scientific accuracy to the present source-study seldom attainable elsewhere, and justifies the critic in an even more minute study of original and poem side by side, as significant of the methods of creative power. With all its definlteness of limitation, however, this source-material offers within Its limitation a confusing complexity — ^we might alrnost say a chaos. Motives and characters are subject to interpretation and ^counter interpretation. The very facts of the story are matters of dis- pute. At no point are the characters of Guido, Pompllia, and Capon- sacchi seen to emerge in their fullness, and no consecutive story of the )mere incidents Is given. The truth of this tragedy Is as utterly dis- membered as were the limbs of Osiris, and the Isis artist must have ranged through the whole extent of the Book to gather the scattered .fragments of truth. Such chaos demanded the most masterly of organ- izing and interpreting power in Browning, before order could come out of confusion, and the very spectacle of the Poet's constructive mastery, his executive orderliness in art, in building all these fragments back into a consistent whole through which again an organic unity may be felt. Is almost unparalleled In source-study. Browning might have made the problem lying in this confusion easier for himself, if he had assumed an arbitrary power over this new pro- vince which had fallen to his imagination. But he also felt that he was ' peculiarly circumstanced in his creative activity by the " truth " of the materials with which he was working. He frankly recognized the authenticity of these documents — ^they were no mere fictitious creations, I which he might shape or reject or amplify as he pleased. Fidelity to i his material became a matter of artistic conscience with him. Mr. Barrett Browning in his letter "*" confirms the fact of this conscientious 235 and even painstaking accuracy. The Poet seems to have felt he must be true to the Book in all its details, and that the creative play of his ; imagination must be ruled by this truth-aspect of the Book. We need • not here enter into the general problem as to whether the Poet was acting with highest artistic wisdom in so doing. But we wish to make clear the fact, and the results must either approve or condemn the artist. Consequently we find that Browning, in dealing with the facts of this case, has exercised far less freedom of fancy than did ' Shakespeare, even when dealing with public and ascertainable history. We well know, moreover, that whatever the poetic truth of the sources of the Divina Commedia, the Aeneid, and the Nibelungen Lied, their actual truth was unascertainable, and the artist was subject to no such rein to his imagination, but was essentially free in his artistry. Possibly this fact appealed to Browning's peculiar type of mind and led him to choose such a subject as The Ring and the Book rather than one where there might be less check upon him from the truth of his material. And so, unlike Dante and Milton, Goethe and Shakespeare, he is true not merely to the larger truth of his story, but even to its comparatively trivial details. Browning's problem and method were not unlike those of the his- torian. He had a mass of scattered and even conflicting details of fact, with hints of motive and cause. These he must interpret, not to suit a preconceived theory, as did so many of the eighteenth century historians. This older type of history, which preferred the symmetric working out of events in conformity with a preconceived notion, even at the expense of facts, was in Browning's day giving way to a new type of history, wherein the author recognized that he must not distort facts, but must legitimately deduce his principles from his facts — ^not merely the chosen and convenient facts, but even the stubborn and irreconcilable facts. This change in history was probably occasioned by the growth of the scientific spirit of the century, especially of the strict Inductive method of science and of its regard for the Integrity of fact. Browning shared this spirit and used the new method of organizing facts which had just been Inaugurated among the historians of his day. His artistic method Is in part the historic method, but, of course, goes beyond the latter in his consciousness of the moral beauty and of the spiritual meaning of the tragedy, and in his purpose to make the story appeal primarily to the emotions rather than to the mere intellect. The present source-study, moreover, displays an unusual exercise of the transmuting Imagination in Its mastery over the crudest and least artistic of materials. The Book is Indeed crude, hard fact, which had never been subject to the plastic touch of the artist. The lawyers who wrote it had no other concern than to sophisticate the truth for their own ends. The human element, the spiritual significance, and even the 236 sensational interest in a barbarous story had not attracted their minds. They apparently destroyed all possibility of art-appeal in the story and were utterly remote from the artist's purpose of pleasing by grace and beauty and power of thought or expression. Poets rarely use such material as it comes roughly from life. The novelist does so repeatedly, and it is the usual practice of a Kipling or a Dickens. But the raw material of the latter is forever dissipated from even the closest research of the critic. We can not follow their processes in transmuting rough life to art. Yet the play of Browning's interpretative and creative imagination upon these crude materials may be studied in full here. Even the crudest of Shakespeare's originals scarcely demanded a more sweeping exercise of creative power and a more subtle, alchemizing touch. Another unusual phase of this source-material is its minute and I reiterated insistence on motive. Browning was always a searcher for i hidden and disputable motive. It was this that fascinated him in his early study of Paracelsus, But the famous source-stories of other poets have put stress far more upon action than upon motive. What was done? What was the story that had met the world's eye? In the Book, however, the close and disputed reading of the purpose behind each single incident of the story well fitted this material to Browning's peculiar genius. Finally, the Book is utterly lacking in an underlying moral truth — a dominant and formative motive. Such a motive is found in the source- books of practically all of Shakespeare's plays, in the Faust legend, in the conception of Paradise Lost and of the Divina Commedia. The race for ages had been not merely retelling such stories, but had been conforming them to the racial faith, the racial ethics, the racial concep- tion of life and character. There is therefore at hand, all ready for the artist, a larger human truth, which gives majesty to his theme, and which he may adopt or amplify, according to his own vision, as Shakes- peare did in the story of Lear. But nothing of the kind was present m the Book. To its collector it had merely illustrated the question as to "whether and when a husband may kill his adulterous wife."* Hence the larger truth of these characters found in the Book and of their relationship to one another, the real meaning of the tragedy, had to be supplied entirely by Browning. V. The Book, its History: We may now pass on to a more specific account of " the old yellow book. The Poet himself has with unusual vividness described its iinding. By no mere chance, but pushed by " a Hand, always above my shoulder (RB., I, 40), he had discovered it amidst the rubbish 237 of a market barrow in San Lorenzo Square. This was in June of 1 860. That very day the old record fascinated his imagination. And yet, in spite of his immediate interest, he seems almost to have laid it aside for the next few years. A letter of September 16, 1862, speaks indeed of " my new poem that is about to be ; and of which the whole is pretty well in my head — the Roman murder story, you know." Yet his purpose to use the material artistically must have been subject to some fluctuation. And he is even said to have turned over the Book to a friend and novelist. Miss Ogle, with the suggestion that she use it in her art. " But," as the Poet casually remarked to Professor Corson several years later, " when she said she made nothing out of it, I wrote The Ring and the Book." Browning's temporary neglect of the theme was probably due in part to his restlessness and inability to set himself to consecutive work after the breaking up of old habits and of the Casa Guidi home after Mrs. Browning's death. During these years he seems to have devoted more thought to his son than to his poetry. But the Book must have been subjected to many a reading before the Poet made it his " four years intimate," from 1865 to 1868. After the publication of The Ring and the Book, the unique old volume was not infrequently shown to the Poet's friends and callers — not " tossed in the air, and caught again and twirled about by the crumpled vellum covers," but handled tend- erly, almost reverently.* Late in life he promised it, along with other papers and manuscripts, to Balliol College, Oxford, of which he was an honorary fellow. Mr. Barrett Browning personally carried the volume to Balliol shortly after the poet's death,"'* and there it was finally deposited. The Poet's portrait, from the brush of his son (see frontispiece), shows him in his robes as honorary fellow clasping the Book in his hand. The Book is not at all a published volume, but is rather a lawyer's file of documents and pamphlets * " bearing on the Franceschini murder trial. Fanciless fact, the documents indeed, Primary lawyer-pleadings for, against, The aforesaid Five ; real summed-up circumstance Adduced in proof of these on either side, Put forth and printed, as the practice was, At Rome, in the Apostolic Chamber's type. • Prof. Edward Dowden in a recent letter has said : " I remember an afternoon when Browning put the ' old yellow book ' in my hands. He must have felt for it a certain awe as the power that controlled his thought and feeling for so long a time." Dr. Furnivall, on the other hand, writes: "My impression is that when Browning showed me the old yellow book he tost it up in the air." Mr. John W. Chadwick says: " Mr. Browning did not seem at all inclined to toss it in the air and catch it as he does in verse. He handled it very carefully and with evident a£Fection." 238 Browning suggests that its collector was the Francesco Cencini," advocate as well, Socius and brother-in-the-devil to match, — A friend of the Franceschini, anyhow. This seems probable in view of the inclusion of the three personal letters to Cencini (pp. ccxxxv-xl) ; and Ugolinucci's letter (p. ccxxxix) speaks of the fact that he had sent on to Cencini the documents, that his friend might have full knowledge of the case." The manuscript title-page (p. i) seems still further to prove that the collector had merely a pro- fessional interest in the material; it was for him a noteworthy precedent as to " whether and when a husband may kill his adulterous wife with- out incurring the ordinary penalty " for murder.^ The human or ethical side of the tragedy made no appeal to Cencini. The file when completed was part of his law library and not of his personal history. Cencini evidently bound all of this material with a vellum cover to preserve it, and it is this age-yellow vellum which suggested the Poet's name, " the old yellow book." It is small-quarto size, as Browning states," and contains about 250 pages. The Poet's description of the soiled streaks to be seen on many of the pages * is but one of many illustrations of his minute accuracy in describing his Book. This is likewise true of the line descriptive of the old letters : " The sand, that dried the ink, not rubbed away." Furthermore, he translates literally the imprint of the pamphlets as he found it: "At Rome, in the Apostolic Chamber's type." And the absolutely convincing evidence of such accuracy in his vivid description of the finding and first reading of the Book is likewise confirmed by the word of Mr. Barrett Browning/'* FI. The Book, its Contents: A description of the contents of the Book as supplementing the Poet's account of it in the first book of his Poem may now be of advantage. The volume consists largely of eighteen printed pamphlets, and to these are added certain manuscript pages, evidently supplied by the col- lector of the pamphlets in further elucidation of the case. The manu- script portions include a title-page (p. i) , a table of contents (pp. Hi and iv) ; three letters bearing on the case and telling of the final execution of Guldo (pp. ccxxxv-xl), and a transcript of the court record of the Tuscan trial and condemnation of Pompilia for her flight from her husband's home (pp. v-vlii). This last would be directly accessible to the Florentine lawyer Cencini " and possibly was copied out with his own hand. A subdivision of the eighteen printed pamphlets is given on the following page. 239 Table of the Pamphlets of the Book. 'Sixteen official pamphlets print- ed by the Court (the Reverend Apostolic Cham- ber). Two unofficial pamphlets, with- out imprint. "Fourteen pam- phlets concern- ing the murder trial. Two pamphlets concerning the subsequent pe- tition to clear Pompilia's re- putation. Eleven arguments as to the fact and law in the case. Three summaries of evidence, pam- phlets 4, 7, II. 'Lamparelli's argu- ment (pamphlet 17). The final decree of .court (pamphlet ig). For Guide . .Against Guido By Arcangeli (Nos. I, 3, 8). By Spreti .(Nos. 2, 9, 16). By Gambi (Nos. 5,12). By Bottini .(Nos. 6,13,14). Notizie di fatto, etc. (pamphlet 10). Risposta a Notizie, .etc. (pamphlet 15). Sixteen of the pamphlets are official and documentary, bearing the imprint of the Papal Court (Reverendae Cameras Apostolicae Typis, 1698).° The other two numbers were privately and anonymously printed. Fourteen of the sixteen pamphlets are concerned with and are a part of the trial of Guido and his accomplices on charge of murder, January and February, 1698;"°° the two remaining official pamphlets, Nos. 17 and 18, have to do with the subsequent petition in court for the clearing from stain of the good name of Pompilia.^'* These fourteen pamphlets include eleven arguments as to the law and facts in the case and three pamphlets of evidence admitted in the trial. The eleven arguments present to us, as it was originally presented to the judges, the legal battle of the trial. They make little effort to give a consecutive narrative, but are chiefly devoted to the establishing or refutation of certain points of law. Matters of fact appear but frag- mentarily, and are then distorted to a particular professional end; the truth of the tragedy and the real claims of justice are of little interest to the contestants. Every energy of the defense is devoted to the establishing of the plea of honoris causa,^^^ while the prosecution is equally insistent upon the illegitimate delay in taking vengeance,*"' and upon the five technical aggravations of mere murder.*"' The whole is flooded with precedent upon precedent."' They show much acumen and no heart, and justify Browning's word as "to the patent truth- extracting process." (RB., I, 1 1 14.) The three pamphlets of evidence, Nos. 4, 7, and 1 1, however, which included affidavits, letters and other documents bearing on the case, are more interesting. In them we come in immediate contact with the actors and eye-witnesses of the tragedy. Pompilia and Caponsacchi tell 240 the sworn story of their flight " " only ten days after their arrest. Fra Celestino, the confessor of Pompilia's dying hours, and his fellow- witnesses testify unanimously and urgently to her purity and Christian resignation.'" °'' A former servant in the Franceschini household bears detailed witness to the meanness and cruelty of the home life in the old Arezzo Palace."" Letters of the Bishop "' and of the Governor "* of Arezzo sustain Guido's accusation against the Comparini. The love- letters which Guido claimed he had found after the arrest at Castel- nuovo, and whose authorship he ascribed to the fugitives, are given in j large part."" ^'' All of these matters are of considerable importance in I the Poet's judgment of the truth of the case; yet we have undoubtedly lost considerable testimony offered in the murder trial, as several matters of evidence cited or referred to in the arguments are not given in the summaries at hand."'" Of special importance among these are the confessions of Guido and his fellow assassins, which are given only in brief extracts (pp. cxxvli-xxx). These matters may have been left unprinted by the court, or they may have been purposely omitted by Cencini on account of his regard for the Franceschini family. They are usually referred to by citation of folio or page in the court records, which are now lost. Yet even in its incompleteness the testimony of the Book is invaluable to the Poet's art in remaking his story. The purpose and authorship of the two unofficial, anonymous Italian pamphlets °° ^^ (Nos. 10 and 15) must be judged purely by internal evidence. They were no mere popular narratives of the case, such as a Grub Street pamphleteer would have produced in exploiting a famous contemporary crime. The authors try unsuccessfully to be popular in their style, but their own legal temperaments and attitudes of mind soon prevent the purely narrative and sensational treatment common in pamphlets on famous crimes. The pamphlets were evidently written and printed either by the lawyers in the case, or by some one in their employ. Certain internal evidences, which need not be given here, lead me to believe that they were written by Arcangeli and Bottini them- selves. The first of these, Notizie di fatto e ragione,^^ attempted to stir public sentiment in behalf of the accused while excitement over the trial was at its height. The rejoinder charges it with attempting " to insinuate a false impression into the dull heads of the crowd." *^ This rejoinder ** was presented before the same bar of public opinion in the same semi-popular, semi-legal manner. It aimed to disclose ruthlessly the greed and craft of Guido. Both pamphlets were probably dis- tributed throughout Rome and became the food for abundant gossip on this already exciting case. These two pamphlets, in fact, seem to have suggested to Browning his Half Rome " and the Other Half Rotne,'^" though the Poet does not in either of these monologues follow closely the fact or line of thought of the corresponding pamphlet; yet there 241 are many striking correspondences between them which will appear in the corpus of notes at the close of this volume. The three manuscript letters " included in the Book were written, " in hands crabbed enough," from Rome on the evening of Guido's execution. They tell of the delay of three days, February i8 to 21, in favor of Guido, which was finally overruled by the Pope. And these are letters, veritable sheets That brought posthaste the news to Florence, writ At Rome the day Count Guido died. The first of these is from Arcangeli, and is quoted with close verbal accuracy in Bk. XII, 239 ;"" of course, the " Hac tenus senioribus," with what follows, is purely Browning's humorous fiction in keeping with the pleasant rascality of the first lawyer. The other two letters were written by Gaspero del Torto and Carlo Ugolinucci, and have but slight correspondence with the second and third letters of the Poem, though some of the material is used elsewhere by the Poet.*^* *^° *"'*^ ^^'■ Such are the contents of this Book, and they assure the reader that it not only now is, but always has been, a unique volume. Of the manu- script portions, especially the letters, there could have been no duplicate. And very few copies of the pamphlets were probably printed — merely enough for the use of the judges and lawyers and recorders during the trial, and not for public distribution. The history of the Book during " the decades thrice five " from the time it first began gathering dust in Cencini's law library until it fell into the Poet's hands on the market barrow is utterly dark. From this account of the contents of the Book it is plain that the component parts, while organized partly by the fact that all emanated from the Franceschini murder trial, are from many different minds with diverse attitudes toward the fact in hand. Accordingly, in style, in sentiment, and in mere matters of fact, the various parts of the Book are at odds with one another. The legal arguments, moreover, are fashioned by minds far remote from art purpose or art effect. Their casuistry and sophistry are utterly divorced from such human sentiment as might naturally arise from the case. Pity for the wife, sympathy for the husband, admiration or reprobation of the priest — such natural feelings as we should expect to spring spontaneously from contact with this tragedy — are nowhere to be found in the Book. Wherever there is show of sentiment, its rhetorical parade betrays its insincerity. These lawyers evidently had a job on which to exercise their professional cunning, and they have little conviction as to the rights or wrongs of the case. Such an attitude is as utterly remote from that of the artist as is possible; for to the artist every fact must be steeped in feeling,! which must flow from deep wells of emotional life. It is only in the 16 242 affidavits of Fra Celestino, of Pompilia, and of Caponsacchi that we find such perennial source of human feeling. For the rest, Browning had to breathe mightily on a valley of dry bones, before these men and women of a former day could stand erect to play over again their parts in that long-forgotten tragedy. Still further, the style of the Book is in general far removed from such as the artist employs. The testimony is in plain, pedestrian, rather amorphous Italian, rising to effective style only in part in the affidavits of Caponsacchi and Pompilia, while the law Latin partakes of the worst ! Stylistic vices of its technical nature and of its late composition. It is inaccurate grammatically, amorphous rhetorically, and utterly without the lift which a lawyer with good command of language should give to the treatment of a technical subject. Nor are there such brief flights of oratory enkindled with feeling and imagination as might naturally arise in the progress of a case which deals with many of the deepest feelings. All this makes the Book the duller reading to the modern reader and the more forbidding to the artist. Yet Browning was by no means daunted thereby, and rose to some of his own most remarkable flights of stylistic power in retelling the story he found here. FII. Minor Additional Source-material: The case, sensational as it was, in its own day, evidently had but the moment's brilliant " usurpature " of the rocket. Soon the story dropped out of the oral and written annals of Rome, so that it left no trace there for the interested search of the Poet (RB., I, 422-56). A friend, however, somewhat later found in London an anonymous manuscript account of the murder (pp. 209-13). This seems to have been written, a few years after the trial, by a man who had no personal knowledge of the case, but who evidently had a leaning toward Pom- pilia's side of the story, and who had read closely her own affidavit and the second anonymous pamphlet of the Book. It is much more popular in style than the rest of the material described above, and would make a good newspaper story. It was evidently not written with a legal bias. In this pamphlet the Poet found some interesting material not given in the Book. This does not change the bearing of any important facts in the tragedy, but gives numerous descriptive details which were freely used by the Poet. It is probably less reliable as a source of informa- tion and evidently misstates two matters of fact from the testimony of the servant Angelica ^" — namely, the Canon Girolamo's attack upon Signora Violante and Signora Beatrice's denial of hot coals for VIolante's warming-pan. Nevertheless the Poet accepts it for the pur- poses of his art, and weaves its details undiscriminatingly with the rest. It is therefore the secondary source of the Poem. It contributes such 243 interesting details as the name of the babe, Gaetano,"* the twenty-two dagger wounds of Pompilia,*"' the exposing of the murdered corpses In San Lorenzo,"^ the pursuit, arrest, and final execution of the mur- derers.'"-" "'"" Books IV and XII make especially important use of it. The pamphlet was printed privately by the Philobiblion Society in 1870, and has been translated in part by Mrs. Orr in her Hand- book. In reprinting it here the editor of this volume has used italics to indicate the portions which present fact not already accessible to Browning in the Book. Three other fragments of evidence fell in Browning's way. One is a little pen sketch of Guido on a loose sheet of paper, made shortly before his execution; it is reproduced in this volume (p. 275) from the original, now in Balliol College. Another is the water-color drawing of the Franceschini arms, which was sent to the Poet by his friend Kirkup.* It was then pasted on the front inside cover of the yellow book. The Poet reads into this sketch a certain significance; for it is symbolic of the greed and violence of the Franceschini family.*' And Browning evidently found and used the description of the torture of the vigil in Farinacci.^''* '"■» The Poet assures us in the first and last books of the Poem that he made further search for the fact of the case in the records of Rome and Arezzo, but largely in vain. Only a few years ago, another Italian manuscript narrative of the Franceschini case was found in the Royal Casanatense Library, Rome. Browning never saw it, and hence it is not a part of the source of The Ring and the Book, yet the pamphlet gives some interesting additional information and presents the characters of Abate Paolo and Guido and of the Comparini more fully than elsewhere. In several cases it con- firms the imaginary amplifications which Browning made of the data before him. The pamphlet is translated in full (pp. 217-225). Fill. The Legal History of the Franceschini-Comparini Dispute: It may be well now, for the sake of elucidating the Book still further, to give an account of the complicated series of lawsuits which preceded and conditioned the murder trial, and which are continually discussed in the course of the Book. The first of the series was a civil suit brought in the spring of 1694 against the Franceschini by Pietro Comparini, for the recovery of the dowry already paid and for the annulling of the dowry contract.^"" This was brought on the ground that Pietro had just learned, from the •Barone Kirkup to Wm. Rossetti, Sept. i8, i86g, "Another book of his (Pietro Aretino) is a dialogue on Cards, in which some excellent stories of gamesters are introduced. I sent some of them later to Browning, who is writing a poem relating to Arezzo, in which gam- bling will make a great figure." 244 confession of his wife, that Pompilla was not his own child, as he had always considered her. Guido won this case,^'" but it was appealed ""* and remained undecided '"' even to the time of the murders, more than three years later. Part of the evidence included in the summaries of the Book was first used in this trial : namely the testimony of the servant Angelica,"" the letter written to Abate Paolo,"^ and the letters of the Governor '=' and the Bishop "' of Arezzo, Next came the processus fugae,'"'^ the criminal case brought by the Fisc, or the State, at the instigation of Guido, in which Pompilia and Caponsacchi were defendants from the charge of running away and of adultery. This was introduced immediately after their arrest in May, 1697, though it was not until the following September that the court sentenced Caponsacchi ^^^ to three years' banishment to Civita Vecchia, and remanded Pompilia to the convent of the Scalette ^^° as prison, without giving definite decision concerning her. Much of the evidence in the summaries of the Book had been first used in this trial, and then later had been carried over into the murder trial. Such are the packet of forged letters,^'^ the affidavits of Caponsacchi ** and of Pompilia," and of the group of Aretine citizens who swear to the ill- treatment suffered by Pompilia in her husband's home."^ Parallel to this suit, but of somewhat later date, was the Aretine criminal prosecution of Pompilia, and of Guillichini ^°° as her accom- plice, on the charges of flight from her husband's home and of adult- gj.y 204 Xhis was not decided until December, 1 697. We know nothing of it except in the manuscript report given in the Book (pp. v-viii) . In it strong insistence was evidently made on a preposterous amount of theft on the part of the fugitives.^"" Browning, in the words of the Pope, speaks with strong indignation concerning this travesty of justice, as " that strange shameful judgment, that Satire upon a sentence." In the fall of 1697, after her imprisonment in the monastery, Pom- pilia brought suit for divorce from Guido on the grounds of cruel abuse,^°° and he in turn seems to have taken counsel as to whether he had sufficient grounds for divorce from Pompilia f^'' but, as the replies were doubtful, he did not enter further into the suit. The divorce case was still undecided at the time of the murders. Then there was the murder trial against Guido and his fellows,*"* brought in the Roman criminal courts soon after the murder, and terminating by the sentence given February 18, and the execution Feb- ruary 22, 1698. This is the case presented in the Book. In it the Fiscus,*"' or prosecution, as we call it, was represented by Bottini and Gambi as Advocate and Procurator respectively; while the defense was maintained by Spreti and Arcangeli, Advocate and Procurator of the Poor,"* respectively. " Poor " means nothing more than " the accused." The Procurator and Advocatus Pauperum were quite as much servants 245 of the State as were their opponents, and were in no sense our modern private counsel hired for and by the criminal and his friends."" While the murder trial was still going on, suit was brought against Tighetti, Pompilia's trustee and executor, by the monastery of the Convertites.*"* By law they could claim the property of any woman of evil life who died within the city of Rome. Tighetti seems to have been harassed at this same time by the Franceschini, who were trying to seize the dead Pompilia's property. So he met these attacks by claiming, through his counsel Lamparelli in pamphlet 17, a court declar- ation of Pompilia's good fame, which would free him from these law- suits. This decree was finally given in pamphlet 18, in September, 1698,*°° and with this decree the legal history of the Book comes to a close. IX. The Order of Proceeding in the Murder Trial: We need also to speak of the order of proceeding in the murder trial, and this the more as the pamphlets in the Book are not arranged quite in their chronological order. To avoid the confusion which might arise therefrom, the probable order, as based upon internal evidence, is suggested. The trial evidently began in the month of January,'"" only a few days after the murders. There seem to have been two distinct stages of the trial."^* In each of these, contrary to the English practice — the practice of the Common Law — the Defense speaks first *°^ according to the practice of the Civil Law. Arcangeli doubtless opened the debate by pamphlet No. i , which he prefaces by a connected statement of the facts in the case. He was supported in this by Advocate Spreti in No. 2, and added a word in behalf of the fellow assassins in No. 3. The case for the Prosecution, on the other hand, was evidently opened with the statement of fact made by GambI In No. 5. This was seconded by the two arguments of BottinI, Nos. 6 and 14. These six arguments are based on the two summaries of evidence, Nos. 4 and 7. This first stage of the trial seems to have been unsatisfactory to the Prosecution, and the torture of the vigil "" was now demanded that the case might be the plainer. For Guldo had confessed only that he had given orders to mutilate and not to kill, and had also qualified his confession in other ways. The Defense strongly resisted the Infliction of such cruel torture, but were unsuccessful, and Guido and his asso- ciates were tortured anew before the second stage of the trial opened. A more extended account of this debate and of the particular nature of the torture of the vigil is given in Note 526. Evidently a much fuller confession was received from the accused on this reexamination under torture. 246 The second stage of the contest was far more searching and more skilful on both sides ; we have here the really formidable legal meeting. Franceschini's case was again presented by his two lawyers in Nos. 8 and 9. In response to these Gambi prepared brief No. 12 in three hours, as he declared; while the most important word for the Prose- cution was now spoken by Bottini in No. 13. This last pamphlet con- tains reference to the third Summary, No. 1 1 , which must have been made up after February 9. The final word in the trial was the rebuttal made by Spreti, No. 16. A missing argument for the Prosecution, mentioned In Ugollnucci's letter (p. ccxxxix) seems to be still lacking. The case then passed to judgment, and the accused were found guilty by the board of judges, and were sentenced on Tuesday, February 18, 1698,"^ to death, "by heading or hanging as befitted rank." We learn from letters of a subsequent delay of three days for appeal to the Pope on the ground of Guldo's " clericate." " This was over- ruled by the Pope on the 21st, and the sentence of the court was executed upon the criminals the next day. X. Browning's Peculiar Interest in his chance-found Material: Such was the treasure-trove found by the Poet that June day — This is the bookful ; thus far take the truth, The untempered gold, the fact untampered with. Nor could the Book have fallen to a more interested reader. With eyes riveted on its pages, he made his way home to Casa Guidi, and there all day long continued to pore over its pages till The book was shut and done with and laid by ***** And from the reading, * * * I turned, to free myself and find the world. As he stepped for a breathing-while out on the little terrace, the inert materials of the Book were kindled to a new life by his imagination until then and there Acted itself over again once more The tragic piece. The Inert chaos of the Book had become a vital cosmos — those long- forgotten names were once more living persons to him, and their tragedy was athrob with meaning. The tragedy was now potentially recreated. The Poet never lost the exhilaration of his creative mastery of the Book, which he felt the first night of his acquaintance with it. Nor Is it difficult to see that in many ways the Book was such as to appeal strongly to a man of Browning's peculiar temper of mind. 247 Since early boyhood he had delighted in out-of-the-way, forgotten books, in dusty memorials, in nondescript records of all kinds. His father's shelves were rich in quaint treasures exhumed from bookstall rubbish. Sibrandus Schafnahurgensis lets us share the Poet's humorous resentment against the leaden stupidity of one volume of this kind. Transcendentalism was probably the outgrowth of another such experi- ence. In fact, Browning's recondite and curious reading was of almost unparalleled extent. From rusty folios he had exhumed his Paracelsus, while still little more than a boy, and had made those old records the basis of the greatest of his earlier poems. He went to such soiled volumes with a stout heart and a strong brain, well fortified against their crude stupidity. For, deeply bedded in them, he sometimes found golden veins of true humanity; at some point or other, vital thought or passion might greet his search. Such chance gains were doubly precious to the Poet, and had in them the gambler's exhilaration besides ; researches of this kind were peculiarly character- istic of his mind and art. In the Book he found material that was unusual enough; yet it was filled with humanity, " red ripe at the core." We are also informed in Kegan Paul's Memories that Browning was acquainted to the minutest detail with recent famous criminal cases.* It is hardly necessary to point out that this was from no thirst for sensationalism, but as a searcher of the human heart he was profoundly stirred by the underlying motive of the criminal. What do these bad hearts mean? What place have they in God's world? How can the all-powerful and all-loving Father permit his children to plunge into such an abyss of evil ? Browning was an optimist, not because he shut his eyes to the villain and the brute in human nature, but because he would find even for them a place in his rational explanation of God's world. Mark how he lingers over the suicides in the " little rustic morgue," and note the closing stanza of Apparent Failure. Moreover, the salvation of Ned Bratts, grotesque as may be its manner, has a profound place in Browning's thought of God and man. The mur- derous lust of Ottima and Sebald Is finally pierced by a ray of light : " God's in his heaven, all's right with the world." Crime is far too important a fact in life for the poet of man to ignore It; he will " paint man, whatever the Issue." Hence this story of Guldo's brutal greed, this dark record of crime, proved strongly attractive to Browning, not * On one occasion, at the table of Mr. Leighton, father of Lord Leighton, the conversa- tion turned on murder, and to the surprise of everybody Mr. Browning showed himself acquainted with the minutest details of every cause celibre of that kind within living memory. He quoted a ghastly stanza on Thurtell's murder of Mr. Weare : His throat they cut from ear to ear His brains they battered in, and was rather piqued that another guest was able to complete the lines with His name was Mr. William Weare He lived at Lyons Inn. 248 for its sensational interest, but for its profound spiritual meaning. In his Red Cotton Night, Cap Country, he again seized a subject of this kind, but failed to interpenetrate it with his own master power, as he did this sordid tragedy. It is also possible that Shelley's example in handling the somewhat similar Cenci story may have given an additional interest to the Book. Browning well knew the work of Shelley and the popular celebrity of the story. Though Shelley had been stimulated by the supposed portrait of Beatrice, he had also drawn his facts from a contemporary pamphlet. In fact the famous murder trial of Beatrice is cited as a precedent in the course of one argument of the Book (p. ci) . However this suggestion of the value of the material may have operated on Browning, he is utterly independent of the example of his predecessor in his art of using the story of the murder. Yet all these sources of interest in the Book seem quite secondary to the Poet's recognition of Pompilia and his eager desire to clear her memory. Mrs. Orr has said that Browning was brotherly rather than chivalrous to the women of his acquaintance, and they were many. Yet one can not doubt the fine chivalrous attitude of Browning toward the women of his own creation. He is ready to believe in woman, to defend her, to shield her from misrepresentation, to have faith in her heart. His bad women, such as Ottima and Lucrezia, stand out all the more prominently because they are exceptional and because they are so gross a perversion of woman's true nature. Woman is normally a help and an inspiration, yes, and a quickener of spiritual perception in the more obtuse nature of man. Browning's love poems are full of the thought which culminates in By the Fireside. Women like Pompilia, who were the victims of hard conventionalism or of the brutality of man, always had his heart's sympathy, as we can well see in The Flight of the Duchess, A Blot in the 'Scutcheon, and My Last Duchess. How true his chivalry rings in Count Gismond and The Glove! In the last, Browning was dealing with a story centuries old, and its various versions closed with the glove flung straight in the lady's face, and a moralizing tag appended : Not love, quoth he, but vanity, Set love a task like that. Browning's own glove of challenge was as prompt in reply as Count Gismond's, and in the sequel which he has Indignantly created he gives De Lorge his due, while the lady is borne off by the page to live a life of true love. But we have said enough of this chivalry of Browning as a creator of women. In reading the Book, he found a girl, a child- mother, wronged. The lawyers on both sides had used with little rever- ence the " lily-thing to frighten at a bruise." They spoke of her as a " wretched child " and " unfortunate girl," but they were solely intent 249 I on their technical pleadings, and not the slightest drop of human pity warmed their hearts. But behind this grim record of cruelty and greed, on suggestion of the affidavit of Fra Celestino,*"^ Browning perceived her woman's soul ; she had been misjudged, she lay all undefended — a ' Browning to the rescue ! Not that he would misrepresent the truth for j her sake, but to his perception her case was all-sufficient in its bare truth. I His prepossession, like that of Other Half Rome, would right her, and it doubtless had fully as strong conviction of its Tightness. It had also the advantage of being by one of the most searching and most truthful of human hearts. C.Yet he did take sides, and his faith in woman made him take the woman's side, whether he would or no. This chivalry, I feel, more than anything else, occasioned Browning's prolonged creative activity upon the story and governed his whole attitude toward his material; and this, in all probability, sprang in almost instant impulse when he first " fused his live soul " with the Book, and when for the first time the tragic piece acted itself over again before his mind's eye. Browning was as truly and as promptly Pompilia's lover as was* Caponsacchi. » Nor do we sympathize with the paradox of Mr. Chesterton that Browning said : " I will show you the story of man and heaven by telling you a story of a dirty book of criminal trials, from which I select one of the meanest and most completely forgotten," Something more than meanness and pettiness drew his attention ; it was a story of a suffering woman, cruelly tormented by her husband, who was backed by all conventional society. In fact the case seemed all but hopeless for Pompilia, for by the custom and morals of the society in which she lived there was naught for Pompilia to do but submit, and her slightest resistance would have seemed censurable by those standards. And yet God's hand had brushed aside all cunning contrivances of man and had rescued her by the agency of the hero-saint Caponsacchi. It was both a tragedy and a triumph, capable of moving pity and terror and exalta- tion. It was neither petty nor trivial, even though its actors were not kings and though its stake was only a woman's body and soul. XI. The Choice of an Art Form: When Browning had determined to give full expression to himself through the material of the Book, he must have faced very early the question of artistic form. Should he make of it drama or epic or romance or novel? Shelley had used the drama for the Cenci story, and there were marked dramatic possibilities in the catastrophe of the Franceschini ; but the drama had been abandoned twenty years previ- ously by Browning, after he had fairly tested his power of expressing himself through its means. That he also recognized the novelistic possi- 250 bllities of the material is evidenced by his giving It to Miss Ogle. Behind Pompilia he saw the panorama of the environing conventional society, with its trafficking for dowry, its cynical unfaith in purity, and the dominating presence of a worldly church and a selfish churchman- ship. The tragedy lay too deeply rooted in that society to be divorced therefrom, and Browning knew that particular world, with all its types and Ideals, as few men have known it. He must have seen an historical novel in the making, and it was truly there. His own results indeed have something of the novelist's arts in them — ^in fact the poem is novel, as much as it is epic or drama. Yet Robert Browning was not a novelist but a poet, and instead of experimenting In a new art, he did what he had so often done, modified his " art familiar " to adapt it to his new theme, and the form he adopted drew much suggestion from the well-elaborated technique of the novel. Browning was within certain limitations a very prolific creator of poetic forms. He scarcely ever departs from the drama or the dramatic monologue, but he has modified them with much variety. He was never conventionalized nor stereotyped in his art, either by the tradition of other artists or by his own achievements, and his successes did not repeat themselves. Paracelsus was warmly praised by his small circle of admirers, and he himself prized Pippa Passes highly, but neither of them is repeated. We wish In vain for a repetition of the mad-cap balladry of The Pied Piper, or the swift-thrilling power of The Flight of the Duchess. His own words In James Lee's Wife are apropos : Nothing can be as it has been before ; Better, so call it, only not the same. To draw one beauty into our hearts' core And keep it changeless ! such our claim ; So answered, — nevermore ! ***** * * * Rejoice that man is hurled From change to change unceasingly, His soul's wings never furled I In The Ring and the Book, indeed, he merely modifies his familiar art of monologue writing to suit his material. The single monologue would be far too narrow. No one point of view could include all the facts In the case, much less deploy the whole range of motive surround- ing the tragedy. There must be room not merely for the main person- ages, but for the environing society with its motives and ideals. There must also be opportunity for the revelation of the souls of the actors, for in his dedication of Sordello (1863), written when The Ring and the Book was being planned, he says : " My stress lay on the incidents In the development of the soul; little else is worth study. I, at least, always thought so." Browning's method of using the well-tried mono- 251 logue to retell the Book is simple but effective. He marshals the tragedy through ten successive monologues and adds the necessary prologue and epilogue. In the monologues of the actors themselves he could present the passionate heart of the tragedy; in the rest he could give its environment and interpretation. Nor could Browning, with his own unflagging interest in the play of human motive, have anticipated the oft-repeated criticism of excessive repetition. Effective as the device is, however, Browning never again uses the monologue in this way. XII. The Ten Monologue Plan suggested by the Book: We may add still further that the suggestion of this art form lay) plainly in the Book itself. There we read the professionally biased arguments of the lawyers, the more violently prejudiced, popular Italian narratives (suggestions of Half Rome^^ and Other Half Rome^^), and the affidavits of Caponsacchi, Pompilia, Fra Celestino, and the housemaid of the Franceschini. All these phases of truth lie side by side ! in the Book, illustrating the many ways in which the fact of the story may be told. Browning saw therein that truth Is many-sided, and that certain phases of the truth would meet the eye of Half Rome which , would be unseen by Caponsacchi. If then he desired to tell the whole ; truth of the tragedy, the variety of these accounts in the Book itself ■ must have forced upon his attention the real power of this method in presenting many-sided truth. If he should tell the story from one stand- , point only, he would fail of truth, no matter how conscientious he might f be. For to use the words of Merlin in his riddling triplets : " The truth is this to me and that to thee." Let the reader think deeply upon his two figures of speech in Bk. I, 1343-78, before adjudging the plan of this monumental poem. And, may I add, we should utterly abandon the search for conventional epic form in a poem which is epical only in length. When Browning had adopted the multiple-monologue form, why should he use ten monologues, neither more nor less? Was he padding out to reach the conventional twelve-book epic, as Tennyson divided one of his Idylls of the King for that purpose? Are the lawyer's mono- logues, as is often charged, unnecessary? If mere pleasant reading Is the end, possibly so ; but they are as essential to the architecture of the poem as are the other eight monologues. More than thirty persons are named in the Book. Browning assigns monologues to only six of these, but quotes from several others, such as Abate Paolo, Fra Celestino, and VIolante, in such a way as to throw light on their characters. We might well listen to the complete version of the story from any one of these. Browning has also added the purely hypothetical and typical personages J of the first three monologues. We feel, however, that the ten mono- 252 logues need no eleventh, nor could they be cut to nine. Browning himself has pointed out his three groups of three each, the actors, the law, and Rome's gossip. If this tragedy is to be understood with its environment, all of these are necessary. Browning chose as speakers three actors of the story, and three only, because he saw that the heart of the strife lay between Guido, Pompilia, and Caponsacchi — his ideal villain, his ideal saint, and his ideal hero. Their moral and spiritual relationships with one another were the real tragedy and triumph, both in the fact of life and in the ideals of art. The families of the Franceschini and Coraparini, and all other persons in the story, were merely accessories thereto. It was inevitable, from his very material, that Browning should make the monologues of Guido, Caponsacchi, and Pompilia the center of power and interest alike in his poem. The triangular plot, moreover, is common enough in Browning, as in all literature. It is exemplified in Colomhe's Birthday, The Return of the Druses, In a Balcony, A Blot in the 'Scutcheon, King Victor and King Charles, A Forgiveness, and the Inn Album. The monologues of Violante, of Abate Paolo, of the Bishop, of Fra Celestino might have been made very interesting in themselves by such a searcher of soul as Browning, but they would have diverted attention from the essential interest of the plot, namely the relationship of the husband, the wife, and the St. George of the story. Then, as to the reason for three official monologues, we must remem- ber that the Book is the statement of a law case and is not a tragedy. i Much of the fact as regards the main actors came to Browning filtered through the prejudiced arguments of the lawyers — so shrewdly sophis- tical, but so untrue. Browning was in no mood for such jugglery with the truth, and the vials of his ironical wrath are poured abundantly on the " truth-extracting process? " The presence of such a conventional institution of law, so far removed from real justice and truth, was one of the profoundly significant aspects of this tragedy in real life. Pompilia's position was all the more helpless and her rescue the more desperate because of it. The historic atmosphere was conditioned by its method of argument. Hence Browning chose a sample speech from each side of the murder trial. He reproduced in Bottini and Arcangeli, with all possible fidelity, the impression these lawyers in the Book had made upon himself. The ineptness, the heartlessness of the law, had indeed made the tragedy all the darker. Unwilling, however, to leave the matter thus as an occasion for bitterness over the failure of human justice, Browning confronted the lawyers with a third official verdict — one suggested by a mere hint in the Book — one that had not merely come from a seat of authority, but from the heart of a great, good, wise man. Therein the Poet gave his own most deliberate verdict In the I case. Truth's debasement as well as its exaltation in the human Insti- 253 tution of law were absolutely essential to the truth of the story as the t Poet had found it ; for had not the right triumphed, and had not Guido, probably to the surprise of his contemporaries, finally been brought to justice ? This, as Browning felt, could have been achieved only by the divine interposition of God's representative in the Pope. Official judgment of the case of Guido, Pompilia, and Caponsacchi lay plain upon the face of the Book. But Browning's knowledge of human nature gave him no less confident assurance of the abundant gossip that swept over Rome and swirled around the actors. In this as in all the tragedies of life. The world's outcry Around the rush and ripple of any fact Fallen stonewise, plumb on the smooth face of things. This was also suggested by the two popular pamphlets °° ^° with their leveling of the case to the gossip-loving Rome — that outward world which had been potent in forwarding the tragedy. For that gossipry had watched with gusto the mud-flinging of the Franceschini and Com- parlni; they had been a heartless barrier-wall around the struggles of Pompilia to escape; they had enjoyed the rankling gibe against the Franceschini, and had sneered cynically at the Christian heroism of Caponsacchi and the saintly purity of Pompilia. In fact, to them the catastrophe Itself was little more than a delicious piece of sensationalism. Not that this environing world was malicious or depraved — It was merely human in Its weaknesses. Browning had often presented a past social condition through typical personages. Ruskin in speaking of The Bishop Orders his Tomb says : " I know no other piece of modern English, prose or poetry. In which so much Is told of the Renaissance spirit — Its worldllness, inconsistency, pride, hypocrisy, ignorance of Itself, love of art and of good Latin." The Poet presented many such typical personages in Bells and Pomegranates — The Soliloquy in a Spanish Cloister, A Toccata of Galuppi's, Johannes Agricola, The Grammarian' s Funeral, and many others. When Browning, therefore, saw the need of presenting the Rome and Arezzo of the late seventeenth century as an environment of his tragedy, a necessity for any true pre- sentation of the story, he chose three typical personages and named them in such a way as to emphasize their purely typical significance. They I Interpret the spirit of their day and prepare the reader for an intelligent understanding of the words of the main actors who follow. It may be well here to point out the fact that in his purpose not merely to tell a story but to explore all Its ramifying motives and effects, to reproduce the intricate cross-play of many minds in a story, the Poet has conceived these first three monologues with much skill. And It Is quite impossible to divide off the Important later monologues for sep- I 254 arate reading, as a really effective whole. In the economy of his Poem as a whole, the narrative of fact is presented fully in Half Rome, The Other Half Rome, and Tertium Quid. Still more, in these monologues the author inserts certain passages, which are distinctly preparatory for the later and fuller study of the three main characters. Bk. Ill, 839- 867, is a preparation for the understanding of Caponsacchi at the open- ing of his story, while 1 340-1 375 offers characteristic sample speeches of both Pompilia and Caponsacchi. Bk. IV, 581-627, in like manner gives us a preliminary word from Guido. The Poet thus prepares one who reads the poem in regular order, not merely to listen to the story from the chief actors, but to understand their hearts by the interpreta- tion they offer for facts already known. Not the fact but the. meaning of fact in character is thus emphasized in the three main monologues. The Poet is also able, through this device, when he comes to the most important portion of his Poem, to skip from one significant fact to another, without dwelling on the necessary narrative details which would otherwise demand room, but would hinder the mere character study. These three earliest monologues are of great importance, indeed, in giving the whole environment which surrounded and almost controlled the life of the main actors. This choice of the multiple monologue form was also well adapted to preserve the Book In all the fullness of its Internal discrepancies of fact and motive. The Poet found each act, each event, subject to inter- pretation and counter interpretation. Guido's lawyers branded as a lie Pompilla's evidently mistaken statement that in her flight she had reached Castelnuovo at dawn and had been there only an hour when overtaken.^^^ The Prosecution, on the other hand, while acknowledging the falsity of the statement, finds casuistical excuse for it. Browning felt that both were wrong, and that the real Pompilia had told no conscious falsehood. Here, then, were three different Interpretations of the one fact, all necessary for the presentation of the full truth. | How could the artist do this in any straightforward narrative form? He would have to choose but one interpretation, and his very choice, the Poet felt, would be an untruth. He accordingly devised this multiple monologue form for this very end. In the repeated mono- logues, he could easily find room for even the most antithetic interpre- tations of fact and motive. And he thus threw the final choice of alternatives upon the reader, who became, as it were, the spectator In a living and moving tragedy where all the rights and wrongs of the case were still left undecided, and where truth was still changing and variable because alive. It is thus evident that the Poet's choice of form was conditioned and governed by both his raw material and his purpose; and he has therein achieved a masterly success in form and organic wholeness, 255 which is one of the most difficult feats for the writer of a long poem. Yet he has been a law unto himself in this matter — looking not to established successes of the past, but working out his own problem with rare originality and power. He abandoned the prestige of the epic, of the tragedy, and of the novel, and established a new genre which must be judged by its effect and power, and not by any long-established rules of art. . '^ . . \'^ . XIII. Browning's Fidelity to the Fact of his Source-material: I We turn now to the all-important question of how the Poet deals with the fact of his Book in creating his masterpiece. No one can read 1 the Poem and its source side by side without meeting many illustrations of the minute and accurate use of his original. Scores of trivial details have been governed, perhaps unconsciously to the Poet, by the Book. Browning must have been saturated with the Book * before he began writing the Poem, so that the facts marshaled themselves swiftly and without effort into their places in his story. The body of notes at the end of this volume offers hundreds of examples of such use of fact. The names and characters, the dates, the events, the situations, and motives, the very turns of expression in the Poem, are continually drawn from the matters of fact in the Book. Browning's debt in these respects can scarcely be overstated. On the other hand the passion of the story, as Browning has conceived It, the spiritual meaning of the tragedy — all the real poetry — are created by the Poet. They are created, how- 1 ever, In strict accordance with the detail fact In the Book. In few ' cases, indeed, does the Poet violate the ascertained fact of his sources, even In his freest range of creation. In the matter of the chronology of the tragedy he is almost pain- fully accurate to the Book. The story therein is definitely dated in most of Its detail, though these time-references are much scattered. It Is evident the Poet has mastered all these dates carefully. He Is studiously accurate whenever he mentions In his narrative the time of day 187 188 211 320 347 ^^g j^ys of the week,^^^ *" ^*^ the seasons of the year 86 iss 319 431 intervals of time,** «« "* ''° '"•" *"" *°* ^^^ "* *** or ages of persons." " ^' The two opening lines of Pompilla's monologue, which give her age, are accurate to the day." Her words, " there wants of It two weeks this day," afford a characteristic example of how he remains true to fact even when athrob with the deeper spiritual passion of the | poem ; for this touch Is expressive of the deep yearning of Pompilla for her absent babe.^' Caponsacchl's statement, " there's new moon this * Orr's Life, p. 409 : " He had read the record of the case, as he has been heard to say, fully eight times over before converting it into the substance of his poem." 256 eve," "" and " Easter's past," "' had evidently been verified by the Poet. His " Jubilee gave the hint " "" is from the Book. In one case he has intentionally changed a date— that of the flight of Pompilia [ and Caponsacchi from Arezzo,\but this was for a definite artistic pur- I pose.^^*' These minute accuracies had become a habit of Browning's mind in dealing with the story, and characterized his art in his poetry generally. The names of places, of streets, of buildings, and of institutions connected with the story are found by the Poet in his material, and are not ordinarily supplied by his own imagination. The line of march to Guido's execution is literally translated."" Not a single import- ant locality has been added by the Poet, though he has often elabor- ated the mere name as he found it, with abundant descriptive detail. For this purpose Browning had evidently visited all of the localities of the story, to gather local color, and he describes such places with his eye on the object* This is to be seen in his account of the inn at Castelnuovo,"" San Lorenzo Church,''^'" the Pieve," and the Piazza del Popolo."^ Other localities of but minor importance are likewise drawn from the Book, such as the villa of Vittiano,'" the New Prisons,^°° the Convent of the Scalette,"' "* the home in Via Vittoria,'' the barber shop in Piazza Colonna," and the Torrione."' Furthermore, the names of the persons as given in the poem are found in his original to the number of thirty-three. The only names (except historic names which are sparingly and unimportantly used) that are added by the Poet are those of Luca Cini (II, 1 18), of Canon Crispi (VI, 1114), and of Curate Carlo (II, 159), all of them utterly unimportant. Even such trivial personages as the priest Romano,^" Curate Ottoboni," Monna Baldi,^' Count Tommaso," and we might add the nameless hairdresser '' in Piazza Colonna, are drawn from the Book. The eight-year-old curly-pate who is so interesting to Arcan- geli is of course fictitious, but he is named for his father Hyacinthus, or in Italian, Giacinto.*^" All of the thirty-three persons named fill practically the same place in the story of Book and Poem alike. One may compare with this the practice of Shakespeare, who rejects or adopts the names found in his sources with utter freedom. Moreover, the turns of expression and the choice of words in the Poem are not unfrequently governed by those of the Book. Such words as relegation, summary,'' quality,*"* circumstance, instrument,*"' index,^' calash,^"'' used in unusual senses are mere anglicizing of definite * " A favor, if you have time for it. Go into the Church of San Lorenzo in Lucina in the Corso and look attentively at it, so as to describe it to me, on your return: The general arrangement of the building if with a nave — pillars or not — ^the number of altars, and any particularity there may be — over the High Altar is a famous crucifixion by Guide. It will be of great use to me. I don't care about the outside." Postscript of Browning's letter to Leighton, October 17, 1864 (Orr, p. 413). # 257 originals, as may be seen by the note references. The reference to Guido as Sir Jealousy "" is drawn directly from II Geloso, the Com- missary ^^^ from II Commissario, the Convertites ^" from Convertitae, Vicegerent "'" from VIcegerente, and the Public Force from la Forza."" The expression " at the seventh hour," ^*' for one a. m., is drawn from alle setf hore; " Tis one in the evening " '"'° from Un' hora circa di notte; and " my life not an hour's purchase " ^'"' from La tnia vita era a hore. In each of the three the Poet borrows the Italian idiom just as he found it. Still further the Poem affords several illustrations of his use of the speech of one of his characters practically as it had come to him. In such instances, however, he charges the commonplace phrases of the original with a new meaning and fits them into his own sinewy style — an interesting proof of his power as a stylist. Such is the explanation of the Oh Christ, what hinders that I kill her quick ?"' of the and of the Tell him he owns the palace, not the street.' I have saved your wife from death.'"" (Cf. notes 153, 330) . Books VIII and XII of the Poem make exten- sive use of the source-material in this way. Here the Poet even governs his choice of words in his translation by those of his original, frequently using etymological derivatives at the expense of normal English.*^' A good example of this is seen in the story of Samson repeated by Browning, VIII, 644-651. Blinded he was, ***** Intrepidly he took imprisonment, Gyves, stripes, and daily labour at the mill : But when he found himself, i' the public place, Destined to make the common people sport, Disdain burned up with such an impetus V the breast of him that, all the man one fire, Moriatur, roared he, * * * The italicized words are taken directly from the Italian intrepido, destinato, impeto, etc., of the account of the first Anonymous Author' B. 124: 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 m his breast was so inflamed, that, all madness and fury, he cried out • Let me die," etc. In fact almost everything from lines 587-681 is thus closely para- phrased.*"-'' Instances of such close paraphrase are found scattered >7 258 here and there throughout the Book. Such Is the Poet's paraphrase of the title page of the Book,'' of the letter to Abate Paolo,"^ of the scraps of love-letters,"" '" ^"-" of Caponsacchi's retort during cross- examination,"' "" of his decree of banishment to Civita Vecchia,'" of Abate Paolo's final distress,"" of the words of Confessor Celes- tino,'"-" and of the final decree of court. *°* The question will doubtless be raised here again whether such cutting of rough material into iambic pentameter is art, but we defer discussion. This may naturally lead to the abundant law Latin, which has been the despair of many a reader of Book VIII, and which is found occasionally elsewhere. The Latin is not invented by the author, but is taken almost entirely from the Book, and its presentation in Book VIII is perhaps part of the truth of the impression of the Book upon Browning's Latin taste. In it he holds up the ignorant stylistic! arrogance of the Book to ridicule. This monologue quotes the crude > book Latin fifty-six times ^'^-^^ in quotations of widely varying lengths, drawn from all parts of the Book. The exactitude of the reproduction of these shows that they were not merely stray scraps that had clung to the memory, but were carefully copied by the Poet. In one case he made the mistake of reading via for ira/"* but else- where his modifications are slight, only such as are needed to fit the passage to the meter or context of the Poem — such as the substitution of antecedent for pronoun, changes in number or tense of words found. Infrequent substitution of a synonym of different number of syllables, or slight omissions for the sake of brevity. One of these passages, the magniloquent peroration of Arcangell's final argu- ment,'^^ is produced through a hundred lines as the peroration written by the Arcangeli of Browning's creation. This Latin the Poet trans- lates or paraphrases with considerable freedom, allowing his sense of humor to add many a sly quirk, or his sense of Irony to thrust home effectively. In fact the student of the monologue may gain certain side-lights on the character of the lawyer by the flavor of these para- phrases. In such work, of course, it is the subtle Intellect of Browning rather than his creative passion which is speaking, and this phase of his art is undoubtedly on a lower artistic level; and yet to Browning It was essential to his conception of the Poem as a whole, as It was a reproduction of the effect of the real Arcangeli upon himself. In the legal lore and technical legal phraseology so abundantly displayed throughout the Poem, and especially In Books VIII and IX, the Poet evidently depended very largely upon what he found In the Book. This display of out-of-the-way technical lore has perhaps caused some readers to stand in awe of the learned acquirements of Browning In the ecclesiastical law. But the study of the Book makes it evident that he learned almost all of his law from the Book and 259 . - . , . mi • ' 1.. ^C 1_„, 223 298 362 400-24 learned some of it amiss. The various points ot law made in the Poem are taken from the Book, and also the terms usufruct "^ and domus pro carcere,"^" the reiterated plea of causa hon- or'ts,^^"^ the discussion of the bearing of a murder ex intervallo and incon- tinenti *"* and the various ramifications of these two.*"" *_" Likewise every point in the discussion of the technical aggravations *"'""" of the crime was found in the Book. All legal precedents and authori- ties cited "°-'° *'*"* were drawn by the Poet from the same treasury. It may be well to cite one of these transferrings of a point of law and a case from the Book to the Poem.*" In RB., VIII, 1146-52, we read V v/ V Suppose a man Having in view commission of a tKeft, Climbs the town-wall : 'tis for the theft he hangs, V V ^ I' ^' ■jC 5(1 •!» *!* T* ^ Law remits whipping, due to who clomb wall Through bravery or wantonness alone, Just to dislodge a daw's nest, plant a flag. This is, of course, but a vital, semi-humorous paraphrase of Arcangeli's words (B. loi) : "Thus if one wishing to commit theft, climb over the walls of the city, though he could commit that deed without the crime of crossing the wall, (which is a very grave crime), even then only a single penalty, namely that for theft, is inflicted, as the crime chiefly in mind." Such examples are multiplied abundantly in the notes. I find but one proof of the Poet's having traveled beyond the Book for legal information and this is in his finding in Farinacci the descrip- tion of the torture of the vigil,^^* which is mentioned but not described in the Book. We have here an interesting example of how easily and thoroughly a master artist may gain sufficient technical lore, even in a difficult field, to astonish his critics. And this may perhaps offer a striking truth to those who guess at Shakespeare's occupations by his chance references to technical subjects, no matter how accurate they may be. XIV. The Comparini-Franceschini Story as Found in the Book: Practically the whole story of the Franceschini and Comparini, in { all its detail, is likewise taken from the Book, where the Poet found I it, not as a connected narrative, but usually in fragmentary fact. The three Italian pamphlets, especially the one not found in the Book, are more largely narrative. But the Poet does not follow any of these exclusively in creating his own story. It may be well to bring home this truth by giving here the connected story of Pompilia, with cita- tion for each incident to the proper topical note. 26o Guido Franceschini, of a poor but noble family of Arezzo, had been dwelling in Rome for many years ** as a dependent upon one of the cardinals.*'^ When finally dropped from this service," he deter- mined to provide for himself by making a marriage which would bring him a good dowry.'" On the hint of a certain hairdresser," and with the aid and counsel of his brother, Abate Paolo,"" who was much more successfully established in the Church than himself, Guido made advances" for the hand and the dowry of a certain Fran- cesca Pompilia, the thirteen-year-old daughter of Pietro and Violante Comparini. The Comparini were of the well-to-do middle class'* in Rome, with property of 10,000 to 12,000 scudi," besides a certain inherit- ance left to them in entail, the income or usufruct *** of which was their own in part," and would be theirs absolutely in case they had a child. But they had been married many years and had reached middle life,** and still no child had been born. Certain financial reverses " brought home to them bitterly the limit upon the usufruct, and they were so reduced that Pietro had to ask the Papal alms." Under this difficulty Violante formed a plan to relieve their distresses. She made pretense of pregnancy"* and then, by the connivance of the midwife, presented to her husband the girl babe of a common strumpet.^"" Her trick evidently succeeded, as Pietro believed the child was his own and enjoyed the considerable financial advantage arising therefrom. It was this child, now grown to the age of thir- teen, who attracted the attention of the Franceschini brothers. For as she was sole heir of the property, and as the parents were well advanced in life, it must have seemed to them quite an eligible match. When they had made advances to the Comparini, Violante's head " seems to have been turned immediately by the thought of her daughter marrying a nobleman.*" She evidently added her insistence to that of the Franceschini, and they induced Pietro to sign a marriage con- tract, granting a dowry of a, 600 scudi.'^ But when Pietro found out by inquiry that he had been deceived as to the rank and resources of his proposed son-in-law,** he refused to go on with the marriage ceremony.** At this juncture Violante, who was evidently determined to have her own way, with the assistance of Abate Paolo secretly ** arranged the marriage. When Pietro heard of it he was very angry,*' but was forced to acquiesce.** He went even further and agreed to turn over all his property to the management of the Franceschini brothers °" on the condition that he and his wife should go to live with their son-in-law at Arezzo.** The whole household was accord- ingly transferred to Afezzo, probably in December, 1693.'* Domestic peace was quickly broken in the Arezzo palace. Vio- lante and Donna Beatrice Franceschini seem to have been at sword's 26 1 points." The Comparini were likewise disillusioned by the pinching and penurious poverty which they were forced to share. Open quarrels soon broke out, and complaint was made to the Bishop of Arezzo."° There seems, in fact, to have been a bitter and scandalous turmoil during the four winter months. At last the Comparini decided to return to Rome,°° "° though the child-wife must of course remain behind with her husband. No sooner had they reached Rome ^" than they formed a scheme to recover not merely their own property, but the dowry of Francesca Pompilia. Violante, taking advantage of Jubilee "^ and pricked by a conscience ^"^ of a very elastic nature, confessed her fraud as regards the child's birth.^"* This was easily established by six witnesses.^'^ Pietro accordingly brought suit for the cancellation of the dowry contract ^'"* on the grounds that Pompilia was not his child, as he had supposed when he made the contract. To the infamy of such a trial the Com- parini added still further by publishing and distributing broadcast certain libels about the Franceschini.'"" Even though the latter did win the suit,''"^ they were stamped with the indelible disgrace of Pompilia's birth. At this juncture, Guido, by way of retort against the Comparini, had Pompilia write the letter to Abate Paolo, which loads her parents with such an impossible burden of crime.^^^ Accordingly the wretched child-wife was left to the heartless fury of the husband of three times her own years, and of Donna Beatrice. Little, however, comes to light concerning her suffering during these years — only what is told in her affidavit.^* At the end of three years Guido seems to have begun more active plotting to rid himself of this wife whose infamy burned him to the very bone. But he would drive her into overt sin, if possible, that he might not forfeit his claims to her dowry."^ "^ It is quite impossible to explain the facts of the Book, especially the love-letters,^^^ except by such a scheme on the part of Guido ; nor is the scheme so unnatural nor was it as demonic, judged by the morals and manners of Guide's class and time, as it seems in the opinion of the Poet. His plan seems to have been so to press cruelty and fear of death upon her that she would run away. And the sham correspondence carried on by Maria Margherita Contenti " *" seems to indicate that Guido had even singled out CaponsacchI as of a disposition to be allured by such a perilous liaison. At any rate, he soon seems to have made show of a bitter jealousy of Caponsacchi."' The plot is easily explainable if we but think of the bitter slanders of the Comparini, of the manifest infamy of Pompilia's birth, and of the sordid, selfish nature of the Franceschini. In these straits the wretched girl must have been in all but helpless terror, especially after such a scene as that following the evening at the 262 comedy, when Guido pointed a pistol at her and threatened her life."" She had long before tried, and in vain, to find help in the Bishop "' and in the Governor of Arezzo.^'* We can see how naturally they would have sided with the Franceschini in these circumstances. Pompilia accordingly appealed to her confessor Romano,"* entreat- ing him to write to her parents for help ; but no reply came to the letters (which were probably not written). Then she evidently turned to Canon Conti "° and to Signor Guillichini,^" both of them relatives of the Franceschini. Conti, who knew of Caponsacchi's proposed trip to Rome "' and who knew his friend's character,^° suggested that Pompilia seek his assistance. She did so, and though Caponsacchi first refused to have anything to do with such a perilous undertaking ^^° he was at last induced to accompany her.^'* We have no definite testimony in the Book as to his former character,*^ but there seem to be no grounds for rejecting his claim that he accompanied Pompilia out of Christian pity "^ and without the slightest intervention of criminal intent. Circumstantial evidence, gathered from the details of the Book here and there, also indicates that Guido was aware of this plan and was gladly waiting its outcome.^"^ ^°'' He plainly had nothing to fear from further disgrace, and he would thus rid himself of a loathed wife whom he had already found he could not divorce. We can hardly explain the intervention and later testimony of Maria Contenti in any other way." "* Accordingly Canon Caponsacchi and Pompilia concerted their plan on the last Sunday evening of April in a conversation at the window of the Palace."* The wife left her husband's bed late at night,"""' gathered together a few clothes, some trinkets and money,^*" '''"' and made her escape at dawn,"* April 29, 1697."* When she had reached the tavern outside the Porta San Clemente,^*^ she found Canon Capon- sacchi awaiting her with a two-horse carriage."^ Guido claimed that they had the further assistance of Signor Guillichini,"" who would have gone with Pompilia to Rome if it had not been for sickness. They entered the carriage and set off rapidly for Rome, traveling uninter- ruptedly,^"* according to their own statement,"* until they reached Castelnuovo the following evening.''" "^^ Guido having awakened late the next morning because of the effects of an opiate "' administered by his wife, as he claimed, set out in pursuit, probably expecting to find his wife surrounded by such evidences of criminal liaison as would free him of her. But, owing to the rapidity and directness of their flight, he did not overtake them until they were forced by Pompilia's fatigue to halt."' When Guido reached Castel- nuovo he found Caponsacchi in the inn-yard ordering out horses for the continuance of the journey."" The priest was armed with a 263 sword ''^ and made a bold fronts saying, " I am a gallant man and I have done what I have done to free your wife from the peril of death.""" Guido accordingly, instead of taking the immediate vengeance by force of arms which the unwritten law would probably have granted him,"'' called in the authorities and had the wife and the Canon arrested. When Pompilia was brought face to face with her husband in the upstairs room of this inn "^^ she attacked him with a sword,^" which was snatched from her by a bystander. She then reproached him bitterly for his cruelties."' But the couple were soon carried to the local prison,"* and were evidently there two days later according to Pompilia's letter in the last Summary of the Book. But within a few days they were carried on to Rome and placed in the New Prisons.^°° A criminal trial for flight of the wife from home and for adultery '"^ was now begun in the Court of the Governor.^'" As a part of it we have the interesting af&davits of Pompilia and Caponsacchi,^' '* speaking in their own defense. This trial must have continued throughout the summer of 1697, as the sentence of three years' banishment to Civita Vecchia "^ was not given against Caponsacchi until September. Pom- pilia in the meantime had been remanded from the prison to the Convent of the Scalette,^^" but as it soon became evident that she was pregnant ^^^ she was removed to the home of the Comparini on October 12, under security of 300 scudi to keep the said home as a prison."** The plan of Franceschini had accordingly miscarried — his wife had left him, but he had not secured either divorce or dowry, nor had he placed her in such an evidently criminal light as would enable him to do so later. Still further, Pietro Comparini seems to have reawakened the suit for the recovery of dowry and to have instituted a suit for divorce in Pompilia's name on the ground of cruelty.""" When Guido had gone back home to Arezzo,"^* Abate Paolo had to sustain the whole burden of the lawsuits. He tried appeal to the Pope in vain."'" "" At Xst, stinging with the disgrace of his family,^"^ he left Rome °°* and disappeared from the story. The Comparini, in the meantime, were again cherishing Signora Pompilia as their child in their home, and here she gave birth to a son on December i8,"° the legitimate heir of Guido Franceschini.^"'' The child was named Gaetano "" and was then hidden away,'"' probably to keep him from falling Into Guido's hands. Guido in his Arezzo home received news of the birth. It was his clue for action.*"^ He secured the assistance of four young laborers '" "" and armed them, and they proceeded to Rome, arriving on Christmas."^ For a week they lay In wait at the deserted villa of Abate Paolo at Ponte Milvlo."' Then, on the evening of January 2,"* they proceeded to the Comparini home, Guido knocked and secured admission by 264 saying he had a letter from CaponsacchL'" Violante, who opened the door, was straightway slain,'''' and the other two were cut down by the assassins,'"-" who then made their escape.*'" As they had forgotten to secure a passport,'" they proceeded on foot toward Baccano "* and were overtaken '" by the police after a pursuit of nearly twenty miles. When the neighborhood, aroused by the outcry of the Comparini,"^ had rushed in, they found Pietro and Violante dead, but Pompilia, though frightfully mangled,""" was still alive.'" In fact she lived four days longer "" and during this time made a profound impression upon the priests, physicians, and others who attended her death-bed, as is evident from their attestations."" She died January 6.""' In the meantime, according to common custom, the bodies of the Comparini had been exposed to public view in the Church of San Lorenzo in Luclna " and large crowds of the idly curious had pressed in to see. The crime must have been the sensation of its day. Then began the murder trial in the criminal courts,'"^ and it is this trial which occasioned the " old yellow book." It seems to have pro- ceeded very rapidly, as contrasted with modern criminal procedure, as sentence was given February iS."" And although a brief delay was secured on ground of Guido's clerical privilege," the sentence was finally executed, February 22, 1698.*'" Such is the story of the Book, a sordid, cruel story, with many a glint of the human heart's worst hell, but it is likewise illumined with the heavenly light of those indisputable attestations of the bystanders at Pompilia's death-bed. XV. Browning's Way of Using the Story: This story, as will be seen in the topical notes, is gathered from all parts of the Book, and many of Its incidents and motives are subject to dispute. By his plan, however, the Poet is able to take advantage of many of these variant versions in displaying the various characters of the speakers. Thus there is charge and denial in the Book of the fact that CaponsacchI had clandestinely visited Pompilia "" in her home before the flight In April, 1697. The Poet's plan permits him to state the charge in the words of Guldo and to deny it by those of Capon- sacchI, and to turn the fact from side to side on the lips of the other speakers. There is no such question of fact in Pompilia's drawing the sword upon her husband at Castelnuovo.^" But around this un- doubted fact are gathered the many interpretations of it which throw such strong light upon Its spiritual meaning. These vary from the cynical sneer of a Tertlum Quid to Pompilia's declaration that It was In obedience to the word of God, who was leading her; and they are crowned by the grave, earnest approval of the Pope.^*^ This play of 265 Interpretation as to the motive of the obvious fact is one of the most striking features of The Ring and the Book as a work of art. An experienced newspaper man once called attention to the truth of this to life. In his labors as a reporter of news he had almost continually to face a difficulty in that each mind gives its own Interpretation to the plainest ascertainable matter of fact and that the discovery of the truth ) from human testimony Is thus rendered very precarious. The Poet has reproduced life In his Poem by this device, and It seems more like the oceanic, ever-varying surface of life than a mere picture or panorama of a certain phase of It. In the presentation of his story the Poet is likewise true to the descriptive details given in the Book. Many Incidents, of course, are presented by the Book without detail, and then It Is necessary for the Poet to revitalize the incident by creating a vivid setting for It. We have, for example, very little account of the runaway journey of Pom- pllia and CaponsacchI from Arezzo to Rome, and he supplies this, espe- cially in Caponsacchi's narrative, without in any way traversing the truth of his material. But Browning was quick to see and to incorporate even the slightest descriptive details of the Book Into his Poem. We see this In the reference to the upstairs room at Castelnuovo,^" to the terrace and the back door of the FranceschinI palace,^"* to the knife with which the murder was committed,"* to the FranceschinI coat of arms,*' and to Guido's secondary nobility.'' This, however, is more extensively manifest In the Poet's careful adaptation of countless details of infor- mation connected with the case at one point or another. Wherever he found a trifling fact he gladly adopted It, frequently raising its signifi- cance very considerably In the story. It may be well to give here a considerable list of these petty details as a convincing illustration of his minute dealings with the Book. Such are the facts of Pietro's seeking of Papal alms," Guido's falsification of his income,'^ Pietro's refusal to proceed with the marriage,'* his begging of traveling expenses from his son-in-law,'® Violante's pretended prick of consclence,^"^ the six witnesses to Pompllla's birth,^" Guido's pencil-tracing of the letter to Abate Paolo, ^^* instances of the parsimony of the FranceschinI home,"'-' Pompllla's attempt to quiet her husband's jealousy,"*"' "° her first recourse to Conti "'' and Guilllchlnl,"' Caponsacchi's chance passing of the FranceschinI palace,^"^ the Bishop's proposed departure from Arezzo,"* the delay of two days In the plans for flight,"^ the signal with the handkerchief,"' the manner of leaving Arezzo,"'"" Caponsacchi's laic garb,"' "the wicked-looking sword at side," =*" Abate Paolo's consent to the removal of Pompilia from the Convent,^*' the hiding away of her child,'"® and her final prayer to the Virgin,'*' the exposure of the corpses in San Lorenzo," the death of Canon Conti,'* 266 and the swooning of Baldeschi under torture.*"" Such details might be continued still further. Browning's mind was evidently filled with them and they slipped easily into their right places in his general scheme. He supplements these ascertained facts, but seldom contravenes them. This is the method of the careful and honest historian and is rarely found in the great artist to the extent we see it here. The Poet carries this principle of his art so far as to borrow in close paraphrase, we may almost say translation, the descriptive details as to the murder *""" and those concerning the scene of execution,'"'"" as given in Book XII. We find a significant example of his use of the petty detail of the Book in the characteristic sneer of Tertium Quid at the death of Police Captain Patrizi,*** who pursued and captured Guido. In the Pamphlet, p. 212, we read: " This arrest indeed cost the life of Patrizi, because having been overheated and wounded with a slight scratch, he died in a few days." Browning's version of this in his poem is as follows: The only one i' the world that suffered aught By the whole night's toil and trouble, flight and chase, Was just the officer who took them, Head O' the Public Force, — Patrizj, zealous soul, Who, having but duty to sustain weak flesh. Got heated, caught a fever and so died : A warning to the over-vigilant, — Virtue in a chafe should change her linen quick. And the words of Tertium Quid just beyond this, lines 1416-24, are likewise adapted from the same Pamphlet.*^' One more instance "^ may be profitably given in Bottini's figure of the wine bush (RB., IX, 1 545-1 550) : I traverse Rome, feel thirsty, need a draught, Look for a wine-shop, find it by the bough Projecting as to say " Here wine is sold ! " So much I know, — " sold : " but what sort of wine ? That much must I discover by myself. Compare with this the words of the second anonymous pamphlet, B. 180: 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 salable and agreeable. Oh ! by no means, etc. It is such repeated use of even the trivial detail of his Book in the Poem that justifies the extended detailed study in the topical notes attached to this volume. 267 In spite of all this fidelity to fact, the poet does not find himself in a Saul's armor of literality. Like Shakespeare, like every great artist, he had the power to illuminate the mere matter of fact with profound significance and profound spiritual truth. Thus, behind the fact that Caponsacchi delayed two days after the first promise to carry Pompilia to Rome, the Poet sees indeed the excuse of the difficulty of getting a carriage,^" but he sees all the more clearly the profound change of heart of the man Caponsacchi from the fop to the saint. Pompilia's affidavit in the Book tells of her recourse to the Augustinian confessor Romano, and of its failure,^** but this incident glows with deeper truth in the various versions of Other Half Rome, Pompilia, and the Pope. As a final example of the alchemizing art of the Poet over his material, I add the Book account of the incident of the comedy ^'^ as found in Pompilia's words, which is to be placed side by side with the Poet's version on the lips of Caponsacchi : His suspicion increased all the more because while we were in a great crowd at the play one evening, Canon Conti, * * * threw me some confetti. My husband, who was near me, took offense at it, not against Conti, but against Caponsacchi who was sitting by the side of the said Conti. From this grew Caponsacchi's version (RB., VI, 393) : Well, after three or four years of this life, In prosecution of my calling, I Found myself at the theatre one night With a brother Canon, in a mood and mind Proper enough for the place, amused or no : When I saw enter, stand, and seat herself A lady, young, tall, beautiful, strange and sad. * * * I ^as still Qne stare, When — " Nay, I'll make her give you back your gaze " — Said Canon Conti ; and at the word he tossed A paper-twist of comfits to her lap, And dodged and in a trice was at my back Nodding from over my shoulder. Then she turned, Looked our way, smiled the beautiful sad strange smile. "Is not she fair? * * * " The fellow lurking there i' the black o' the box "IsGuido." This account of the fact in the Poem was transferred to Caponsacchi's lips because it was, in the Poet's conception, the very turning-point in Caponsacchi's life, which stung him awake to all the latent good within him, while Pompilia was more fitly aroused by the dawning sense of motherhood. The play of interpretative power in the above example is but one of many possible illustrations of Browning's right of eminent domain over the field he had seized, and it is in such interpretation that his creative art rises in independence of the Book without disputing it. 268 XFI. The Environing Life Around the Central Tragedy: Browning realized that the central life of the subject before him lay in the relationships of his three major characters, Guido, Pompilia, and Caponsacchi ; but he also realized that around them was the environing life of Rome of the year 1698 — an environment that controlled and forwarded the tragedy at every point. The Poet had frequently scrutinized past ages for such an atmosphere with close human interest, and he had embodied, as we have said above, many a result in his typical human figures of Bells and Pomegranates. He had, moreover, the strong and vital example of this feature in artistic plotting in the historical novel of the day. Henry Esmond and Romola, then but fresh from master pens, were convincing examples of the power of such a created world around the main human interest. It therefore became inevitable that Browning, instead of contracting his view to the intense play of his few personalities upon each other, as he did in his dramas and as is strikingly exemplified by In a Balcony, should have gone on to the portrayal of Roman life of a century and a half before. With his jj intimate knowledge of the history and customs of many preceding gen- '■^ ei-ations, he could do this with a fidelity and an accuracy which were at no point the result of such labor as Thackeray or George Eliot spent in getting themselves back into the former day. We should say, still ^further, that the Poet seems consciously to abandon studious historic I accuracy in this respect and exercises the artist's right of eminent power. In writing concerning this environment he does not present the life of the Rome of the late seventeenth century from its own standpoint of morals and religion. Worldliness in the church and the marriage of convenience, nay and even the marital harshness of Guido, would have been accepted as a matter of course in that day. The Pope's liberal theology and his criticism of the church are as anachronistic as Shakes- peare's Roman bells. We doubt if Guido would have been seriously blamed by his own day, and it is not at all improbable that he would have escaped punishment if it had not been for the aggravating circum- stances of the murder. But In his judgment of the case the Poet abandons at will the historic standard for what he considered to be the absolute standards in morals and religion. He became thus less true historically, but more true absolutely. Browning's picture of the domestic and social environment of Pom- pilia has of course but fragmentary suggestion In the Book. But he could easily Imagine the comfortable selfishness of the Comparlnl, which by force of contrast brought out all the more strongly Pompilia's early flower-like purity and her later saintly patience and fortitude. For the home life of the Franceschlnl palace, he went rather to his knowledge of the human heart, presenting all the petty meanness of a nobility 269 which has run to bitter dregs in its poverty. He took certain details from the affidavit of the servant,^" but he made comparatively scant use of this affidavit. Around these two selfish families we feel the presence of a Roman life, productive of countless more of the same types, and they form a heartless, hope-destroying barrier against the escape of Browning's Pompilia, driving her still more utterly to the patience and the faith of God's own saint. XVII. The Church as an Environing Power: A far more important feature, however, of that environing world, and almost the whole of it, was the great Roman Church of the day. It had received both Guido and Caponsacchi as sons; it had been present at every moment of Pompilia's career, as the outward guide of her deep, religious emotion ; it had adjudged her flight from home and her husband's murderous vengeance. All of these cases, criminal and civil alike, had been in the ecclesiastical courts, as Rome lay entirely under the secular authority of the Pope. It was not a time of supreme worldly pride in the Roman Pontiffs, nor of worldly corruption. Pope Innocent XII had overthrown nepotism, and was himself a man of piety and charity. Yet the same great institution of the medieval centuries and the renaissance still rose as splendidly as its Saint Peter's, a fitting symbol of its strength, pride, and glory. Browning, however, was always more interested in men than in institutions, and was sure to illustrate institutions hy men, rather than subserve men to institutions. Throughout the whole range of his work, he had probed with curious interest the many types of churchmanship : The Spanish monk, the Papal Legate in A Soul's Tragedy, Monsignor in Pippa Passes, and Bishop Blougram. But into The Ring and the Book he has gathered as much as in all other places put together. The churchman is as present in the Poem as he is on the streets of the Eternal City, not shrouded behind his uniform, but revealed in his life and purposes. Priestly types appear at every turning of the story and illustrate every throb of passion which animates the great whole. Abate Paolo, Capon- sacchi, and Girolamo are priests, and Guido is attached to the service of a cardinal. In the speech of Caponsacchi we are shown his worldly- wise patron, his great-uncle, the Bishop of former days. Brother Clout and Father Slouch, Canon Conti, the Confessor Romano, the good Celestino, the ecclesiastical judges with their smirk at the " peccadillos incident to youth." Then there is the harder, self-seeking clergy of Guido's monologue, where clerical preferment becomes a gambler's chance, and where complaisance to the cardinal is an eighth virtue ; his closing speech is addressed to Cardinal Acciajuoli and Abate Panciatichi, and is a bitter ripping up of secrets of the selfish society of which he 270 has been a part. The Pope himself turns grave as he considers the degenerate conduct of many of the sons of Mother Church. Browning has presented such a church, not in the spirit of satire or criticism, but| with the Intention of representing truly the hard environment which shut J In Pompllla to the brutahties of her husband. The Poet was always afraid of the dominance of institutional religion at the expense of personal religion. He realized, not In religion alone, but in art and In all other inspirations, how easy it is for the soul to become satisfied with a form from which the spirit has fled. He feared a church that stood between a man and his God, and that formulated and fixed his belief. And here In The Ring and the Book, Browning presents such a church, with the(same confidence in his fidelity to truthjas he shows in his monk In the Spanish cloister and Johannes Agrlcola. From this church might come a Guldo and a worldly Bishop of Arezzo, but from it also came CaponsacchI and Fra Celestino, and over it presided the grand old Pope. The Pope is not merely the crown of the institutional church of his day, gathering within himself all that is best in It, but he Is also the mouthpiece of Browning's own comment on the tragedy and of his own faith In spite of Its horror. In the Book there occurs only the mere mention of him, in the manuscript letters. °^ There Is no proof that he took any personal interest in the story, nor even that he did anjrthing else than deny Guido the protection of clerical privilege. The sentence against the murderers was by the court, and not by the Pope. The Pope merely took the negative attitude of non-Interference. There is, of course, not the slightest hint of his character in the Book. Browning has gleaned from the Papal histories of the day the fact that he was a good old man, something of a reformer, self-denying in his private life, and lavish of alms. He has added to this not the characteristics of another Pope, Innocent XI, as is sometimes charged, but those of a typical wise old age, which has crowned a life of devotion to the good and true. Browning had a very distinct faith as regards old age. It is not a time of decrepitude but of vision, a time of clear survey of life from a moment of peace at its close. In the Pope, Rabbi Ben Ezra, and John of A Death in the Desert, Browning has created three old men of this type, men who realize what old age should be ; and all of them were created within a period of five years. We might add to their number the old priest In Ivan Ivanovitch. It is noteworthy that Browning makes all of these old men, to a certain extent, his own mouthpieces. They express the philosophy of life and the vision of God and His love, which Is found everywhere throughout Browning, and Is fundamental to his own personal religious philosophy. Every important doctrine of Rabbi Ben Ezra can be paralleled from the other poems of Browning. 271 The Pope likewise becomes the exponent of Browning's doctrine and of his personal attitude toward the actors in the poems. Here we have Browning's judgment of Pompilia and of Caponsacchi, of the Frances- chini and the Comparini. It is Browning who grows sad at heart in blaming his whole world. We may add that Browning has even placed in the mouth of the Pope that apology for Euripides which is so directly a part of his own reverence for the great Greek tragedian, whom he glorified still further in the words of Balaustion. But whether the judg- ment is personal or dramatic, it undoubtedly greets us as a sane, strong, divine judgment to dispel the chaos of the previous clashing of opinion, and it is a triumph of art. XFIII. The Law as an Environing Element: The Church was one of the conditioning elements of the environment of the tragedy, but the law was almost equally important. And of the law Browning had ample opportunity to judge in the pages before him. He uses this material with strong, satiric scorn. He was evidently '^ moved to indignation by the shrewd sophistries of the arguments in the case. Ideally the law stands for justice between man and man, but here it had become a cunning machine devised for defeating real equity and justice. His contempt and irony are poured full upon the " patent, truth-extracting process." His indignation was stirred against a class of men who had been in close contact with the tragedy without feeling the slightest sympathy for the sufferers. There is no ray of such feeling at any point in these arguments of the Book, though there is much rhetoric and indignation of a purely professional character. There are also flashes of the contemptuous deference to the legal opponent, which is one of the worst types of professional vanity. Yet, on the whole, the personal characters of all the lawyers of the Book are practically imperceptible behind the professional mask. Browning _ doubtless felt that they were far more distant from the truth of the case they were dealing with than were the gossips of the Roman streets, who were under mere chance prepossession. In presenting these two lawyers of the Poem, Browning attempts to reproduce by means of characteristic types this great fact of the law, which in the Book governs every phase of the Poet's material. Browning's humor has admirably interpenetrated his conception of the first lawyer, as he reproduces him in the Poem, and has saved Arcangeli from utter remoteness from our human interest. Of course the whole idea of the birthday feast and of the paternal pride in the little boy is Browning's sheer invention, and redeems in part the vanity of Arcangeli. Browning has also amplified the pompous deference to the Pope, For practically all the rest of the monologue he has followed 272 the Book with minute fidelity to its letter rather than to its spirit; nor does he follow any one argument, but chooses indiscriminately f roni all parts of the Book. Every point of law found in the monologue is in the Book : such as the elaborate plea of causa honoris,^'"' and its efficacy in law, the rights of one offended in honor to kill after a lapse of time as well as immediately, *•"* the injury done to Guido's honor by the parents,*"^ and all the aggravating circumstances of the murder.*"'"^" Moreover, each matter of evidence in the monologue had been given the same bent in the Book. Every precedent cited — those of Dolabella, Leonardus,^»» Farinacci,^»« Saint Ambrose,'** Matthaeus,=»» PanimoUe,'" Theodoric,'" Jerome,"' Gregory,*" Saint Bernard,*"" Cyriacus,*"' Cas- trensis,'** Apostle Paul,'*' and the strange one of Christ, who is made to say honorem meum nemini dabo,^"^ are in the Book. The Latin so abundantly used by the lawyer is a very close adaptation of definite passages of the Book.*"""' A total of 56 passages, including 814 Latin words, are taken with close accuracy from the Book, while only 31 words in 7 quotations ''" are taken from classic sources, mere scraps of the classics. It can be seen by what has been said above that the detailed depend- ence of this monologue on the Book is very extensive, and in no part of the poem has Browning stayed closer to his source. This is probably one of the reasons of the comparative neglect of the monologue by readers. Yet I venture to assert that the reader who can and will read the Latin and its paraphrase as they come in the text, so that he may enjoy all the delightful innuendo of this paraphrase, will find abundant source of entertainment in the speech. It contains far less for the lover of beauty, or of splendid imagination, but in all the range of Brown- ing's shrewd analyses of odd, twisted, or bad characters, such as Sludge and Prince Hohenstiel, none is really comparable with that of Arc- angeli. The monologue is purely a mosaic, in which some very large and important pieces are reproduced with absolute accuracy; but there is genuine art in their arrangement for the purpose of reproducing the effect of these lawyers upon Browning's own mind, and they were close- joined by the durable cement of the Poet's irony and his laughter. Browning has also taken fully the opportunity offered him by the manu- script letter of Arcangeli which was bound into the Book. The Poet paraphrases this closely, though with a delicious touch of his own, in the letter of Book XII, 239-89;*°" the latter half, of course, is purely the invention of Browning, with full sympathy for the rotund rascality of the writer. In the monologue of Bottini, however, Browning is further away from both the letter and the spirit of the real Bottini. The Poet seems to have taken a distinctly hostile attitude toward this prosecutor of Guido, which mars the fairness of his judgment. Irony and scorn 273 saturate the introduction to the monologue in Book I. This anger of the Poet probably arose from Bottini's treatment of Pompilia. In the course of his arguments against Guido, the real Bottini makes many damaging admissions about her, which are not at all necessary on the face of the evidence, and seems to have been utterly without regard for her personal character. He makes admissions as regards the love- letters, which were surely false,^""" as regards her showing herself at the window at a hiss of her lover,^'° as regards the use of the opiate,^'' and even offers the very ingenious theory to explain Venerino's testi- mony as to the kissing during the flight.''"® In the Poem, however, such damaging admissions are extended over and beyond this, and touch the case at many other points — the clandestine meetings with Capon- sacchi at Arezzo,'^" ^'* Pompilia's solicitations of the Canon and others criminally,^''* Caponsacchi's kissing the unconscious Pompilia,"^* the receiving of clandestine visits from Caponsacchi after the return to Rome,'"' and the lie in the very hour of death to save her paramour *"" and to destroy her husband.'"^ , Such admissions are in fact a cari- cature "' of Bottini as he was found In the Book,; and the Poet evidently paints the portrait under the impulse of his prejudice against the arro- gant professional pride and utter moral and religious obtuseness of Bottini. Perhaps it is only fair to add that it was not Bottini's pro- fessional business to defend Pompilia, but rather to attack Guido, and he bases his attack not upon the innocence of the victim, but upon the brutal and illegal manner of putting the vengeance into execution. And the court before which he was arguing was doubtless far more ready to follow such a line of argument, and to base judgment upon it, than to feel any sympathy such as Fra Celestino felt for the dying child-wife. Along with the arrogant professional pride of the Bottini of the Poem, we have a scholarly pride which Browning has caused to influ- ence very subtly the style and illustration of the monologue. The English is smoother and more harmonious, rising at times to real beauty. It is interlarded with classical quotations, there being 21 ^'"' such, as contrasted with 5 ''""' taken from the barbarous Latin of the Book. The Fisc also makes allusions and draws Illustrations 33 times from Latin and Greek mythology, history, and literature. This Is strictly a I dramatic feature; for as Stopford Brooke has well pointed out. Brown- ing is remarkable for the scarcity of such allusions, when compared with other poets. Over the law, as over the gospel, the good Pope presides to save us from cynical skepticism for this human Institution and to bring to a close the selfishness and harshness of the long conflict. And it is he who, according to Browning, saves Pompilia and Caponsacchi from the results of the conventional perversity and wrong-heartedness of this whole environing world of the Italy of 1698. 18 274 XIX. The Characters as found in Book and Poem: The chief interest, however, for the ordinary reader will lie in Brown- ing's method of dealing with the characters of the actors, the human types found in the Book and the Poem ; for Browning is essentially a poet of human nature, and it is his men and women who fix the attention of the reader.* I have already stated that thirty-three names are taken from the Poet's source-material — quite a number of these, of course, are mere names. The minor characters, wherever they are given real lines of characterization, are in general faithfully reproduced from the Book, except for somewhat of a favoring of Pompilia's friends at the expense of Guide's. Abate Paolo is the same cunning diplomat and manager ;'" Violante the same headstrong, disagreeable woman ;°° the tone of Fra Celestino's speech is certainly like that of his real affidavits. The creation of the three major characters, however, presents a far more interesting and important problem ; for in their relation with one another we find the true heart of the tragedy, and here it is that the independent creative mastery of the artist soars free from the trammel of fact to display the Poet's vision of truth. One of the chief interests in the Book, accordingly, is in its manifestation of the real prototypes of these three important personages in the Poem. For as ideal repre- sentations of the good and bad in human nature, they contain the best Browning has to utter upon the problem of life. The story was unim- portant, so far as wordly consequences are concerned, and the characters have to supply its real import. No nation was awaiting the result of this tragedy, no public consequences of dominating importance were dependent thereupon. But the good in the suffering saint, Pompilia, and the soldier saint, Caponsacchi, in their active strife with the demonic in Franceschini, is a sufficient source of interest. God's hand is shown at enmity with the wrong of an evil man backed by an unideal conven- tional morality. And so, though the story is not of epic consequence, it is of profound importance to the spirit of man. In dealing with the play of these three most important characters, the Poet has increased very considerably the comparative importance of the Caponsacchi of the Book. We turn now to a somewhat more extended study of them. We may remark by way of caution that practically every statement in the Book as regards any of the three is biased — some of these state- ments are utterly false — and the student must not merely cite the words given, but like the judge must also weigh the evidence offered as to their characters. Rossetti Papers, p. 401, July 4, 1869: Browning talked about an article in Temple Bar, saying that he, as shown in The Ring and the Book, is an analyst, and not a creator, of character. This, Browning very truly says, is not applicable ; because he has had to create, out of the mass of almost equally balanced evidence, the characters of the book as he con- ceives them, and it is only after that process that the analyzing method can come into play 4.. \ ' Wm t '"■<■■ -?fefek2;g 275 XX. Count Guido Franceschini: We turn first to the consideration of Count Guido Franceschini. He is the most elaborately and skilfully drawn of all Browning's bad men, and they are many. In his earlier works the Poet shows something of the natural historian's interest in evil men — they are described and faithfully reproduced without comment or moralizing. The Labor- atory, The Confessional, Ottima and Sebald, J Soul's Tragedy, Instans Tyrannus, and Porphyria' s Lover, all present the criminal in this way. The Poet also dwells at times with curious analysis — ^we may almost say sophistry — upon the obliquely and erratically bad, as in Sludge, the Medium. Later on, however, the bad man took a definite place in the Poet's doctrine, both theological and philosophical. His earlier keen intellectual enjoyment in mere objective presentation, or subsequently in the analysis of the motive of a bad heart, gave way to a sense of its demonic power in antagonism against God and goodness. What is the meaning and result of such antagonism ? Can the creature in sin defy its God? Or still more, if he do so, can the Creator for sin destroy His creature, made in His own image? Browning realized the significance of these questions. In their answer lay his very possibility of faith. Guido causes the Poet to search his own heart as thoughtfully as does the old Pope in the Poem. The bad man is himself an epitome of much of the deeper thought of any artist. His decadence, his mastery over the world, and the final nemesis which overtakes him draw largely from the poet's deepest insight into life. Of all Browning's bad men, none can match Guido in sheer monstrous wickedness. His birth and education have associated him with the conventionally best of his day, while at heart he is of the worst. He is the degenerate son of an effete nobility, as bankrupt in humanity and sense of honor as in purse. He has inherited the position of gentleman, but bears none of the marks of noble birth. His very honor in birth and family is a mere marketable commodity. The strong, proud stock has run to its dregs. He is mean in personal appearance.*" Brutality has banished courage, and self-interest has destroyed self-respect.*" Poverty has served to accentuate all the latent evil of the race, and has stimu- lated the inordinate, wolfish rapacity which darkens Guido's conduct. His training has been in the worldly church,*'' and he is a stone in her inordinate pride. (RB., VI, 31 ■^-316.) Yet no true religious motive actuates him. He clings to her in the hope of gain — of immunity in his plunderings — but turns upon her with cynical scorn when defeated in this hope. In his eyes there " Is no such thing as faith extant." It IS all lies, cunningly contrived for selfish gain. The privilege he claimed as noble and churchman alike Is the privilege of sinning for gain's sake. This Guido was the natural result of the conventional society in which he moved. He observed its conventional morality and religion because 276 of the gain they bring or the lash they carry, and until the time of the catastrophe would be regarded as little worse than his neighbors. His catastrophe began far back in his angry resentment at being poor. The privilege of his noble birth was checked by poverty. He would have plundered if he had been strong enough, but turned rather to a career of gain in the church. Defeated again and again in his ambition, he at last found himself, at the age of forty-six,** out of the " service of a certain Cardinal without a soldo." " Then he wedded a child-wife for gain," and in the excess of his greed defeated his own cunning plans;"* for his cruelties to the Comparini brought their denial of Pompilia's rights as child.*"* In his resentment he wreaked brutal vengeance on the child-victim in his power. Yet there was more than defeated greed, as Browning sees it, in Guido's attitude toward his wife ; there was a fierce hatred of her goodness as goodness. " Hate was the very truth of him." Her presence was a constant rebuke to the sin within him. Browning has suggested a situation somewhat similar to this in his Instans Tyrannus; for Pompilia's patient endurance aroused his resentment : I advise — no one think to bear that look Of steady wrong, endured as steadily, ***** How does it difier in aught, save degree, From the terrible patience of God ? This devilish resentment against goodness intertwines with the brutality and greed of Guido's heart. No ray of kindliness relieves his dark nature, no mother love nor brother love, no piety nor reverence. For I find this black mark impinge the man, That he believes in just the vile of life. Now such utter depravity of heart, loathsome as it is, is made interest- ing by the presence of no mean intellectuality, chiefly a matter of preter- natural cunning. Whatever our loathing of the man, we can not but be impressed with the mental vigor of his speeches, an impression some- what different from that gained through the speeches of others con- cerning him. This it is that lends the necessary element of terrible power to what would otherwise be merely despicable. This intellectu- ality he shares with such villains as lago, and Satan of Paradise Lost. Yet the Poet feels that God leans in mercy over the life of Guido, bad as it is. He grants Probation to the oppressor, could he know The mercy of a minute's fiery purge ! The furnace-coals alike of public scorn, Private remorse, heaped glowing on his head. What if, * * * The lost be saved even yet, so as by fire ? 277 The very forgetfulness of Guido in the matter of passport, as the Pope interpreted it,°" was the providential Hand arresting Guido on the verge of eternal destruction ; for he would have gone unprepared to the death his fellow assassins were plotting against him.^'* But God gave him a moment's respite to confront his crime, to realize and hate himself. And it is the Pope's earnest wish that in the very suddenness of his fate may the truth be flashed out by one blow, j And Guido see, one instant, and be saved. That is, Guido with the fierce terrors of death staring him in the face may recognize his own evil, may see the supreme value of love, may recognize the love of God, and even the loving saintliness of his wife, and this, in Browning's idea, meant salvation. Such is the significance of the final cry for forgiveness : Abate, — Cardinal, — Christ, — Maria, — God, — Pompilia, will you let them murder me ? Browning, the lover of Pompilia, perhaps shared Caponsacchi's grim wish, lines 1901-54, as to the fate which should overtake Guido, but Browning, the seer and lover of man, would claim even a Guido for God. For in Apparent Failure, he says : My own hope is, a sun will pierce The thickest cloud earth ever stretched ; That what began best, can't end worst. Nor what God blessed once, prove accurst. Pompilia 's words as regards him are blessing and not curse : We shall not meet in this world nor the next, But where will God be absent ? In His face Is light, but in His shadow healing too : Let Guido touch the shadow and be healed ! Now the Guido of the Book is a far more commonplace villain than Browning has conceived him. His mean personal appearance *"* is taken directly from the Pamphlet. Unfortunately Guide's own testi- mony is omitted from the Book, except in a few fragments cited by his lawyers (pp. cxxvii-viii ) , and so we can not judge of his character from his own mouth. Yet there is much proof of the real character of the man in almost every argument of the Book, though at no point is there any clear final characterization of him. Brutality, craft, greed, are alike present; and the reply to the Anonymous Writer lays continual stress upon greed as a dominant passion.*' Concerning Guido's earlier career the Book gives us no further infor- mation than that he spent thirty years at Rome in the service of a Cardinal; this has quickened Browning's imagination to add the narra- tive on the lips of Guido, which is so full of the self-seeking ecclesiastical life of the year 1698.'* Under the stimulus of the crafty wits of his 278 brother Paolo,'"' he played for the hand of a wealthy child-wife,^' a common practice in the society he frequented. His duping of the self- seeking Comparini '^ would have been considered a case of Armenian meeting Portuguese. Not till he began his abuse of Pompilia did he disclose the rough brutality of his nature. Of these cruelties "' "" "'-* there is abundant evidence in the Book. In them he was encouraged by his mother's example,*' if we may believe the affidavit of the maid Angelica."" Yet he was evidently able to hold his own in Arezzo by reason of the rank of his family; and he had the countenance of both the Governor"" and the Bishop."* This is easily explained if we but remember that in Italian society the husband's right over the wife is almost undisputed, and that there were only the complaints of a strange child-wife from Rome against the word of a family of recognized rank. Guide's deadly hatred was the normal effect of the disclosure of Pom- pilla's disgraceful birth and this was accentuated by the threatened loss of the dowry. *° Probably his friends sympathized in this hatred. How then should he get rid of her? Divorce was impossible save on the grounds of adultery ; so adultery, either real or feigned, must be proved against his wife. He doubtless felt that he could by giving opportunity entice her into an intrigue. Even such a riddance of her could add little to the chagrin and disgrace he already suffered. His cruelties were partly brutality, partly craft — ^meant to drive her to flight. The inter- position of the maid Maria Margerita "* "* was almost undoubtedly at Guido's instigation. The letters she bore back and forth must have been the husband's forgeries, through which he hoped to drive Pompilia and Caponsacchi together.^"" There is no other reasonable explanation of the facts of the Book. The trickery of Guido is further proved by the pretended love-letters,^"^ for the husband asserts that these were a genuine correspondence from a flirtation in Arezzo. No one can read them now and believe them to be of Pompilia's composition. This is made the more probable when we see that he practically forged the letter to Abate Paolo.^^^ The very fact that this packet of love-letters was all ready for the precipitate departure of Guido in pursuit of the fugitives indicates that he was deep in his plots before the flight. The false charge concerning the sleeping potion "° confirms still further the belief in his plot. The only point at which his cunning seemed to have failed was in that Pompilia and Caponsacchi kept themselves pure in their perilous flight. We see, therefore, that brutal selfishness softening itself by an intricate cunning was the character of the real Guido. Intrigue and falsehood were his favorite weapons; when they were finally broken, the brutal element in his nature drove him on to a cruel murder. Even then, his cunning, his recognized rights as a husband, and the prestige of his family in Arezzo would have set him free in the Tuscan courts.^** 279 But his plea that he was a wronged husband failed of proof in Rome, and, perhaps to the surprise of many, he paid the penalty of his crime. Browning seems to have realized fairly and fully this real Guido Franceschini. He also realized that in his own day Guido had many defenders and that his cunning had done much to baffle those who would judge him. He accordingly reproduced this very effect in the Poem, until not a few persons when they have finished his first monologue are inclined to believe his plea. He baffles and wins the book-spectator as he baffled and won those actually around him. This is a marvelous achievement in character delineation. Yet in the end the villainy of Guido becomes unmistakable long before he shrieks for the forgiveness of Pompilia. And Browning has made him his fullest and most significant example of evil in man. To do this he of course has had to go on beyond the limitations of the Book-character. He must raise Guido above the commonplace before he is fitted for poetic treatment. The dangerous and self-possessed cunning, the intellectual vigor, the cynical lack of faith in good and aversion thereto have been added by the Poet. To use Shelley's dictum in his Introduction to the Cenci, he has increased the ideal depravity of the character. Yet in thus darkening the motive passion and personal attitude of Guido, he has not added a single item to Guido's chicanery and crime. We know from the Book that Guido was bad and see the frightful crimes that gather to his charge, and yet we do not see Guido in the Book until the artist intervenes. Fra Lippo Lippi's words are apropos of this power of the artist : We're made so that we love First when we see them painted, things we've passed Perhaps a hundred times nor care to see ; And so they are better, painted — better to us, 4: ;)c 4: 4: 4s * * * Art was given for that ; God uses us to help each other so, Lending our minds out. Have you noticed, now. Your cuUion's hanging face ? A bit of chalk, And trust me but you should, though 1 We see, therefore, that it is not the fact of Guido's career as the poeti drew it from the Book, but the interpretation of the meaning, power, and destiny of evil as Browning found them for himself, which makes Guido the most significant villain in English poetry since the days of Shakespeare; and while the fact of Guido's execution was a matter of history, the inevitable nemesis of ruin which grew out of Guido's long career of subtle selfishness found its origin in the insight of the poet. The very fact that he is not the villain at war with society, but is the semi-respectable ultimate of certain conventional phases of selfishness, makes him all the more important in showing what Browning regarded as real moral evil. 28o Behind Guido, " midmost blot of black," are discernible the rest of that dire family as a fitting environment — " the fox-faced, horrible priest," Paolo; " hybrid " Girolamo, " part violence, part craft "; and The gaunt grey nightmare in the furthest smoke, The hag that gave these three abortions birth, The unmotherly mother and unwomanly woman. All these are in the Book, and we find the accusation of craft and trickery against the first, '"' of lust and brutality against the second,'^"" and of miserly cruelty against the mother.** Yet the lurid, hellish tints, the deepest shadows, are of Browning's imagining and they are partial explanation to him of Guido's own character. They have fostered and forwarded all that is worst in him. To them all the Pope gives his scathing word of denunciation, as well as to the hard world of Arezzo behind them — the Governor, the Bishop, the Confessor, and the cutthroat assassins. XXI. Francesco. Pompilia Franceschini: Over against this Guido, with whom selfish worldliness has united her, lies the dying child-wife, Pompilia. The four years of cruel antagonism between her good and his evil have closed in the triumph of that public death-bed. Fra Celestino's testimony bears ample evi- dence to the saintly spirit of her closing days.'°* The strife had not been one of mere brute power, but of spirit. The evil in Guido had loathed the good in his wife and had sought not merely to maltreat her, but to destroy her soul."^ This passion became almost as strong as his greed.** The good in her, on the other hand, shrank in terror from his presence. She was to conquer by that hardest of all conquests, through suffering. When Guido had done his worst to her, he had but destroyed her body which he had ruined. Her spirit rose triumphant at the close of her short life. " Everywhere," says the old Pope, I see fn the world the intellect of man, That sword, the energy his subtle spear, The knowledge which defends him like a shield — Everywhere ; but they make not up, I think, The marvel of a soul like thine, earth's flower, She holds up to the softened gaze of God ! It was not given Pompilia to know much, Speak much, to write a book, to move mankind, ***** Yet if in purity and patience, if In faith held fast respite the plucking fiend, ***** If there be any virtue, any praise, — Then will this woman-child have proved * * * Just the one prize vouchsafed unworthy me. m ^ x$ n mi 4J1 ^^^% ^f,^ / • 28l Browning's art often lingered over the creation of women, and Colombe and Balaustion are proud marks of this loyalty to them. He had also sketched the woman-victim in My Last Duchess, and elab- orated her figure in The Flight of the Duchess. But both of these were high-born ladies, of sweet, sunshiny natures, far removed in social rank and disposition from Pompilia; and in neither of them is a stronger womanhood developed through affliction. Mildred also is a victim, though stained with sin ; but she is too weak to save herself or her lover, and we feel pity, not reverence, for her. In Pompilia, Browning has gathered what seemed to him some of the highest womanly qualities, spiritual insight rather than mere intellectuality, fortitude in suffering rather than energy in antagonism, faith in God, love of her child, and an ignoring rather than an ignorance of sin. She had neither genius nor executive energy, nor even simple joyousness. Yet Browning felt that the spiritual element latent within her had that power of true bene- faction which is the mark of saintliness. These are the accepted char- acteristics of the Virgin Mary, and as such she seems to have appeared to Caponsacchi. More than once he speaks of her as the Madonna and, as the Poet portrays her, she has much in common with the mother of Christ, as a tj^e of womanhood. We may also note that this may have suggested to the Poet her thought of the immaculate conception of her babe,'"' when she shudders to think of Guido as its father. But there is another influence in the creation of this ideal character beside that of the Madonna, it was the Madonna of his home, the mother of his own child, whose spiritual nature was as noteworthy as her intellect. And before this spiritual nature the Poet bowed in humble reverence. One of his friends (Scribner's Monthly, December, 1870) tells of his saying : " That he did not feel worthy to unloose her shoe- latchets, much less call her his own." Mrs. Orr (Life, p. 409) says still further: Mrs. Browning's spiritual presence was more than a presiding memory in the heart. I am convinced that it entered largely into the conception of Pompilia. It takes, however, both the throbbing humanity of Balaustion and the saintly glory of Pompilia to express fully the nature of Elizabeth Barrett Browning as she appeared to her husband. Browning's artistic skill is well exemplified in the way he com- municates to his readers a feeling for Pompilia's beauty of face. A lovelier face is not in Rome. That she was in fact beautiful is strongly suggested by the word of the Book, though little definite notion of this beauty is there given. But 282 Browning evidently became a worshiper of this sad, strange, beautiful face which haunted his imagination; The same great, grave, griefiEul air As stands i' the dusk, on altar that I know, Left alone with one moonbeam in her cell. Our Lady of all the Sorrows. She is the " lily-thing to frighten at a bruise." The Poet over and over again thrills his reader with his own reverent sense of this beauty, not by describing his heroine, but by emphasizing the effect of a spiritual radiance which seems to emanate from her face. It was this face which converted the whole life of Caponsacchi, and it was this face which Guido loathed with a deadly hatred and which he cut to pieces. That Browning had marked skill in describing mere beauty of face is seen in his little poem, A Face, suggested to him by his girl friend Emily Augusta Patmore. Yet in his mature poetry he seldom describes his favorite heroines. The personality in the face rather than the beauty of feature is his endowment for Pippa, Colombe, Constance, the Duchess, Balaustion, and the dream-wife of B'j the Fireside. And Pompilia's spirit-beauty illumines the darkness of the whole somber plot. This child-wife of Guido is indeed strong In her faith, even beyond the natural probabilities of her years and surroundings. Yet Browning has declared, " She is just as I found her in the Book." * This assertion seems to be based on the strong Impression made upon the Poet by the sworn evidence of Fra Celestino and the others who ministered to her while dying, and the reader of this introduction should here insert the translation of it (pp. 69-73). Elsewhere in the Book such a char- acter for the real Pompilla is hard to find. She was undoubtedly of vile parentage."" In the legal arguments her character and motives are dragged through the mire by the sophistries and jargonings of the lawyers, and just such Incriminating explanations and acknowledgments are made as anger the reader of the monologue of Bottlni. Even Guido's accusers speak of her merely as " the unfortunate child " and the " wretched girl." Some of the witnesses show pity for her suffering, but not even the sworn testimony of Caponsacchi °* displays any recog- nition of her character as it finally evidenced Itself in the hour of her death. Her own affidavit ^* shows simplicity and Innocent suffering, but gives no hint of her more striking aspects of character; it has no word concerning her faith in God, her thought of her child, nor of any personal feeling toward Caponsacchi. Almost the sole fact-basis for Browning's conception of her character lies in the sworn testimony of * " I asked him if it did not make him very happy to have created such a woman as Pompilia; and he said, 'I assure you I found her in the book just as she speaks and acts in my poem.' There was that in his tone that made it evident Caponsacchi had a rival lover, without blame." Rev. John W. Chadwick in The Christian Register, Jan. 19, 1888. 283 ^raXekstino and his associates,'" who were her spiritual guides in death. No one can read these without an absolute conviction of her saintly purity and patience. Those men of long experience who sur- rounded her death-bed were deeply moved by her innocence, her tender forgiveness of those who wronged her, and her faith in God. Yet else- where in the Book even this testimony is distorted and ridiculed by Guido's lawyers.*''* To this highest Pompilia of the Book Browning has added greatly — in fact he has added the important features of her characterization with- out transgressing the definite limits of fact. In the Book there is not a hint of Pompilia's sense of motherhood," which according to the Poet was the real motive of Pompilia's flight from Arezzo and was the quick- ener of her new trust in God, that came with the impulse to save her babe. In her monologue this sense of motherhood is one of the tenderest human traits of Pompilia as her motherly faith and motherly solicitude dwell on the thought of the little Gaetano.^" The evidence we have as to the beautiful motherliness of Mrs. Browning makes us look to her as the source of this new trait in Pompilia's character. The Poet's belief in the privilege and beauty of motherhood as seen in Pompilia should be studied in the light of the Priest's words thereon in Ivan Ivanovitch. No more sensitive and spiritual conception of motherhood in its deeper experiences can be found in English poetry. Another very important addition to the Pompilia of the Book is her love for Caponsacchi. In the Book she merely turns to him as a rescuer from her desperate plight. Here, as often elsewhere. Browning defies the merely conventional rightness of appearances. The fact of her flight from home in company with a young priest seemed compromising enough to the lawyers in the case. The prosecution against Guido even acknowledged that Pompilia may have made love to Caponsacchi for the sake of extricating herself from deadly peril at the hands of her husband. Yet, in spite of the accusations and inferences of the lawyers, aside from certain forged testimony, there is no evidence in the Book of any love between Pompilia and Caponsacchi.^"" Browning might have taken advantage of this fact and have represented them as victim and rescuer with no other bond between them than this which had risen by chance. It would have made an easier case to defend in the eye of the world. Browning, however, was far more apt to seek out diflicultles of this kind than to avoid them. He knew of the pres- ence in this world of a love that is lust, and. such love was repeatedly charged against Pompilia by Guido's defenders. Why, then, did he not deny love In them? Nowhere does he show himself more daringly! creative than In acknowledging on the lips of both Pompilia and Capon- 1 sacchi the presence of love. He could do this because he recognized a higher spiritual love, independent of the feeding passion of the body — 284 a love which is worship of the good and heavenly and Ideal as embodied in man or woman, a love which Is a real yearning up to God. And j herein, he has humanized the saintliness of his two Ideal personages. Such " love is best "; such love is the " prize of life "; " the true end " for which we live is in " this love way with some other soul to mingle." With this conception of the purifying and ennobling nature of love. Browning need have no fear of any damaging effect of such an admission. It would rather be natural In his opinion that two noble souls, even In such a dark hour, should recognize "each other Instinctively and yearn toward each other. The conventional world around them would have sneered at their love as being only a thin veil of lust; but Browning felt in it a crowning glory to his soldier-saint Caponsacchi and his suffering saint Pompilia. Such a love looked far beyond the ordinances of man In conventional marriage. With gold so much, — birth, power, repute so much, Or beauty, youth so much, in lack of these! When Caponsacchi came in answer to her prayer for help, and when she saw In him " God's hand visibly at strife " with evil, her woman's love went out to him as the purest and best of men. He had saved not merely her body but her soul, which In its respite from suffering had seen God and had risen to a higher law. Through such souls alone God stooping shows sufficient of His light For us i' the dark to rise by. And I rise. This presentation of a purely spiritual affection would have been Im- possible to an Elizabethan and would have been conceived only by a very high-minded and pure worshiper of woman. In the hour of her death, Pompilia dwells not upon the suffering and the evil of the past, but upon the three great spiritual blessings of her closing life : " Her faith In God, held fast despite the plucking fiend," the love for her friend and helper, and her mother love. On these three rests her peace In death; and of these three only the first is brought out in the Book. The consideration of Browning's Pompilia In the light of the Book would be incomplete unless mention were made still further of Brown- ing's fidelity to truth in giving the apparently Incriminating details as he found them in the documents before him. ' The Poet was too confi- dent of her character to court concealment. Her single flash of action In the sword flourish against Guldo at Castelnuovo is frankly vindicated by the Pope, lines 1072-85."" No more damaging piece of evidence was found against her than what Guide's lawyers triumphantly brand " the lie about the arrival at Castelnuovo." Pompilia asserted that she and Caponsacchi had reached the inn of Castebiuovo at dawn,"" 285 only an hour before her husband overtook them; while Caponsacchi agrees with all other witnesses in saying that they had arrived in the evening and had spent the night there. To remove the dangerous implication of this apparent falsehood the lawyers against Guido claimed that she had merely lied for policy's sake, and that no vice had been concealed behind the lie. Browning's explanation rests in the fact that she had swooned In the evening light and had remained unconscious with fatigue through the long hours which had fol- lowed.^" ^^' The driver's accusation that the fugitive couple had kissed during the journey is likewise stated and met. Browning was willing thus to state even the most damaging evidence of the Book. We must say, in conclusion, that Browning has been far too jxiodest in his claim that he has presented Pompilla as he found her. Her story Is indeed retold much as it had been In the Book ; her sufferings are the same, her patience even unto death Is the same. But even the hard, cruel facts are softened by passing through her soul. As she says : Being right now, I am happy and color things. Yes, everybody that leaves life sees all Softened and bettered. Her own sinful mother's life,"' VIolante's trickery,"" and the prospect of her babe left alone, are seen gently. The real glory of Pompllia's character has been created by the Poet in expanding the partial truth o^att as he found it Into one of the most masterly portraits of the suffering saint in all literature. With her parents Browning has by no means taken the liberties he uses with the Franceschlnl. Their conduct throughout the case, as presented in the Poem, is true even in the minutest details of fact. They are thoroughly bourgeois.*^ Pietro's self-indulgence '^ and his frequent- ing of taverns " are facts of the Book, and the VIolante of fact has all of the disagreeable traits presented by Browning."' The anonymous pamphleteer speaks of her pride and calls her a " very shrewd woman, and of great loquacity"; easily moved by the thought of a grand alliance for her daughter, and determined to have her own way, even by means of a secret marriage,*' and full of cajolery afterward.'* The Governor of Arezzo also says that " she presumed to domineer over the house, and to keep the keys of everything." °" Rome's gossip might mouth her reputation and do it little harm. Pompilla seems as utterly unrelated to them In character as in body; her home environment as a whole was a foil rather than a cause of her goodness. And we may say parenthetically here that Browning Is so thoroughly a believer In the Independent power of human will to triumph over heredity and environment that the later nineteenth century literature on this subject hardly affects him at all. Such a late study as Halbert and Hob is strikingly unlike Browning's usual attitude in this respect. 286 XXII. Canon Giuseppe Maria Caponsacchi: In the portrait of Caponsacchi, the third person of this central group, Browning has been still more daringly and splendidly inventive beyond the fact of his material. The real Caponsacchi's relation to Pompilia had been confined almost solely to the crisis of her trouble. Browning saw, however, in the mere hints of courage given in the Book the possi- bility of an ideal heroism to be placed over against the ideal villainy of Guido. Caponsacchi was twenty-four years old at the time,'" a nobleman, and a subdeacon in the church of the Pieve of Arezzo." Pompilia tells us that her husband became jealous of the young man because he had stopped beneath her windows to talk with certain young hussies of the city.^^ This seems the sole basis for the frivolous flirta- tion of Caponsacchi, as Browning has conceived it. Guido took further umbrage because Caponsacchi was in the habit of passing their house,"' and he flew into a murderous rage after the incident of the comedy told by Caponsacchi in his monologue."" It seems not at all improbable that his jealousy was feigned as part of the elaborately cunning scheme of Guido to drive his wife into a criminal intrigue with the young Priest.^"^ ^^^ The reader may interpret the husband's choice of Capon- sacchi for a part in such a scheme as indicating that the priest was originally a proper candidate for the intrigue. When the torture became too hard to bear, Pompilia turned at last to Caponsacchi **' — after seeking aid elsewhere in vain ^" — because she had heard that " he was a resolute man." Canon Conti, according to the Italian pamphlet, had suggested him to her '° and says of his friend that " his spirit had stood every test." "* There are other hints of Caponsacchi's courage. The very act of flight with Pompilia might well make a brave man shrink as he did, when he said at first that he was unwilling to have anything to do with such an affair.^'" "' " Yet at last the Impulse of charity and pity prevailed upon him to free this Innocent woman from death." "" And when Guido overtook the fugitives at Castelnuovo, and " found Caponsacchi urging that the horses be harnessed for con- tinuing the journey," "' the latter faced him with the words : "* " I am a gallant man, and what I have done I have done to save your wife from death." It Is only fair to say that Guldo's lawyers recognized this courage of the man as mere criminal daring and call him dare-devil ^'' (scapezzacollo ) . Arcangell also speaks of him as the " terrible priest," and Spretl denominates him as " a young man, brave and forceful, provided with arms and accustomed to sin, and, what Is more, both prompt and ready to resist." There can be little doubt that he was a man of force and spirit. His own affidavit " has a manly ring, though not rising to any heroic pitch. Browning might have accepted such a Caponsacchi as he was and have given him a merely Incidental and external relationship to the 287 tragedy.^*" His art was deeper and wiser than this. He created instead a soldier-saint, a true Christian hero, as a foil to Franceschini. Capon- sacchi has become the most elaborate and the most interesting of Brown- ing's pictures of noble manhood. He differs decidedly from the earlier types of Browning's heroes, such as Paracelsus and Luria. They were men devoted to a great idea, and their heroism lay in their integrity and passionate devotion thereto. Caponsacchi's devotion, however, is to no such idea, but to a woman of flesh and blood! Years before, in Valence and Berthold, the Poet had vied with himself to create a man worthy of his Colombe. Still other types of hero appear in Pheidip- pides and Herve Riel. None of these, however, are at all comparable with Caponsacchi. I like to think that, as the Pope represents the graver, wiser, and more judicial attitude of Browning's mind toward the tragedy, so Caponsacchi represents the passionate, impulsive side of hit nature — his indignant partisanship therein, just what Browning would have felt at twenty-five — ^what he did feel in The Glove and The Flight of the Duchess. Without any assistance from the Book, Browning has imagined what lay in the years previous to this splendid outburst of manhood. The hero was born into the same social and religious environment as Guido, and early turned to a worldly career in the church. A worldly church- manship can hardly retain him as its own when the innate sincerity of his unspoiled nature faces corrupt ecclesiastical practice. But once the vow passed, he seems to be slipping acquiescingly into a place in the ranks of a pleasure-loving, courtly clergy. He is a graceful and adept conformist to the customs around him. He practices poetry in a Mar- inesque Adoniad, finds diversion in Lightskirts '^ at the theater, is enviably popular with the fine ladies of the city, and can digest without a grimace the archbishop's jokes. The finer nature, which had shrunk awe-struck at the strictness of the vow of the renunciation of the world, was vanishing in the " fribble, fop, and coxcomb." Then suddenly he was brought face to face with the lady, young, tall, beautiful, strange and sad. 5j* #jC 5|C 7|C ?|* That night and next day did the gaze endure, Burnt to my brain, as sunbeam thro' shut eyes, And not once changed the beautiful sad strange smile. Caponsacchi " bowed, was blessed by the revelation of Pompilia " — from that hour he was a changed man. Browning's purpose evidently was to make Caponsacchi no mere impersonal helper in the flight of the wife from her husband ; but in that event to bring him also to the crisis in his life, to the moment of the rnaking of the Christian hero out of the conventional fop. Browning liked to conceive of his characters in their earnest crises, as at such times 288 the whole latent character would declare itself. His words in Cristina on this subject are too well known to need quotation. The young priest " was named and known by that moment's feat, there took his station and degree." The conventional world around him became irksome, a better taste and a truer religion found birth with his love. He says : my life Had shaken under me, — broke short indeed And showed the gap 'twixt what is, what should be, — And into what abysm the soul may slip. At the second meeting with that " great, grave, griefful face," his call to duty came, a hard duty, demanding the rise of the true man within I him. Browning ignores the word of the Book here, which says that he at first refused to have anything to do with such a questionable and dangerous undertaking."' Caponsacchi in the Poem instantly accepts this new duty of self-sacrifice, because he has been changed to a nobler self by the look of the lady. The spirit of self-sacrificial love, which is the essence of Christianity, became the living motive of Caponsacchi, and we feel that Browning would assert that in the crisis he has risen to real Christian heroism.^'" Now all of this element is added by the creative instinct of Browning. We have^little evidence in the Book'that the flight with Pompili| had been more than a superficial adventure to the real Caponsacchi. His rise to the noble attitude of his later manhood is as much the creation of the Poet as is the early worldly masquerade before his meeting with Pompilia. It seems not improbable that the legend and character of St. George of Merry England may have had much to do with the Poet's ideal of his soldier-saint, just as the Madonna had governed the ideal of Pom- pilia. Browning had doubtless seen Vasari's fine St. George Slaying the Dragon, which stands as the altarpiece in Caponsacchi's church. It is no mere chance that the Poet changed the date of Pompilia's rescue "* from April 29 to April 23, St. George's day. (kB., VI, 1 1 1 1.) And the rescue of the maiden who lay at the mercy of the hideous cruelty of the dragon bears a striking analogy to the story which the Poet had found in this old volume. He has also compared this rescue with the story of Theseus and Ariadne — the St. George legend of ancient Greece. The Poet, moreover, has made reference to Caponsacchi as a St. George five times in The Ring and the Book."^ Browning has not merely added the conversion of the worldly Capon- sacchi to the higher possibilities of his spiritual nature, but he has also added the deeply passionate yet profoundly reverential love of Capon- sacchi for Pompilia. The addition of this love-element to the character of Pompilia has been mentioned, but something must be added here. In both of them love was the occasion of a spiritual revolution. In Pompilia's eyes he had been God's saving arm, a strong man full of pity 289 to her who had been accustomed to the selfishness or harshness of men. To him she had been a revelation of God dwelling in woman as purity, long-suffering, and godliness: an embodied Madonna, Our Lady of Sorrows. She challenged his worship in the most profound religious sense, rather than in the conventional, sentimental hyperbole of romantic poetry. He dwells on no pretty graces nor mannerisms, but accepts his miracle of the revelation of the Divine motherhood, self-authorized. She is the snow-white soul that angels fear to take Untenderly * * * The glory of life, the beauty of the world, The splendor of heaven. Wordsworth has well described such a love : Love; that adores, but on the knees of^prayer, By heaven inspired; that frees from chains the soul, Lifted, in union with the purest, best, Of earth-born passions, on the wings of praise Bearing a tribute to the Almighty's Throne. Browning might have given such an other-wordly feeling to this bond of love as to have greatly reduced our interest. Such is the devotion of the confessor, Fra Celestino.*"*^ This would have been the easier and more prudential way of dealing with two attractive young persons in so dangerous a situation. He prefers, however, to make each heart stir with an earnest personal passion for the other. In Pompilia it is a serene feeling, which rests purely by the side of her mother love and her faith in God. In Caponsacchi it is an overmastering flood of devotion to her service and of indignation against those who have wronged her. In each case it is the earthly crown of a true manhood and womanhood, coupled with a sincere devotion to God. In Caponsacchi it all but spoils his case, giving some ground for the accusation that " he loved the lady as they called love." Browning, however, has at no point in his poetry shown more splendidly the utter independence of real passionate love from " love as the world calls love," of Ottima and Sebald. The Caponsacchi as thus conceived is worthy of his important place at the heart of Browning's masterpiece and is as great a creation as any in the whole range of Browning's poetic world. XXIII. Browning's Independence in Character Creation: ^ In the consideration of these three figures we find the masterly creative freedom of Browning as he rises above his material.'^ The Book gives but confusedly and imperfectly these characters. Guido rests under harsh charges in the Book, but extenuating pleas are made In his behalf. The facts of Pompjlla's life are discernible in the Book, but her character is but mistily and confusedly presented. Caponsacchi's 19 290 fortitude is plain, but it is charged with being the fortitude of dare- deviltry. One of Browning's chief problems, as a student of truth, was to bring order out of this chaos of charge and countercharge. But as an artist he had the far more important problem of raising the three to the province of art, vitalizing and idealizing these characters till, laying aside their commonplaceness, ^they would stand for the^^Poet's master conceptions of human nature,* his attitude toward conventional society, his faith in God. Certainly in this part of the Poem the restraining leash of fidelity tqjruth is no hindrance to his poetic flight, and herein we get the unique, personal element of power which every great artist must contribute to the materials he works upon before they become vitally his own in art. ^' XXIV. The Final Significance of this Source-study : All that has been said above throws light on the whole problem of the creative artist's relationship to his material. Nor will it do for one to accept or reject certain guiding principles on mere a priori grounds. We have here a great artist and a great resultant Poem. The latter fully justifies him against any critic's cavil as to how he might have written a better poem with the same material. The Poet seems to have been guided all through his creative activity by a determination to be true to his material — " So absolutely good is Truth," he says in Fifine at the Fair. He accordingly mastered the facts of the Book even to its trivial details. These he reproduces in his Poem profusely, fitting them unlaboriously into the text and the current of his verse. He had so filled himself with these facts that they became his facts; and these names, dates, descriptive details, petty sophis- tries, citations of authorities, reproduce themselves as vital parts of the resurrected story. The fragments marshaled themselves out of chaos into one pervading, unifying cosmos. Instead of the crowded, sordid, confusing presentation of a criminal trial, he made it a comprehensive book of life. Yet rarely has a poet of high rank shown such respect for the Integrity of his material. Still further, he has planned his Poem 'not by conventional genre, but has Invented a form which Is a vital outgrowth of the material before him, an independent and organic plan. To all this Browning has brought the wealth of a richly endowed personality. The deeper spiritual meaning of the three major char- acters and of their play upon one another is purely a part of the Poet's vision. They are hopelessly obscured to ordinary sight In the Book. One phase after another of the Poet's deeper life breathes forth In these monologues so that. In the end, we have In the Poem not merely the story retold from the Book, but the wise, sane thought of Browning's full maturity; and It is this, and not the rough ore of fact, that has made the Poem what It Is. zgi Altogether, one can hardly come from a close study of Book and Ring, side by side, without an ever-deepening sense of the might of Browning as a creative artist. The dead weight of the old Book could not bear him down. His fidelity to it could not clip his wings. Its chaotic night of evil could not daunt his moral instincts. Its sheer con- fusion falls readily into order. Not since Goethe have we had the play of such a giant mind upon a subject which had fascinated it; and it remains, as was said above, the macrocosm of the art and the life of Robert Browning. One word in conclusion as to this whole matter of poetic originality in its bearing on our subject. Browning is not the less a master that he had such a source-book. The good old law of the literary spoil to the strongest has unfortunately tended to disappear of late in the canons of criticism, and no one can doubt that this has wrought no small injury in our literature. The shibboleth of originality has driven many an artist to practice sheer invention rather than resuscitation in story- telling. Browning's use of the Book, however, brings us back again to the importance of such a background of truth for all good work. The true artist finds ample opportunity for expressing what is great in him- self as an artist by using such materials as come to hand. He will be their master and not their servant; they are mere tools of his craft; but the materialless storyteller who depends on sheer fancy is little better prepared for his artistic future than the carpenter who is unprovided with tools and must depend on hands and sticks and stones. Shake- speare was doubtless the greater Shakespeare for all the plays, poems, novels, and histories which are gathered in Hazlitt's Shakespeare Library; Dante was the greater Dante for his mastery of the whole medieval tradition of Hell, Purgatory, and Paradise ; Milton was the more Miltonic for centuries of semi-artistic retellings of the story of the fall of man; Homer was the greater Homer in the richness of the patriotic balladry which had arisen around the Trojan War ; and Brown- ing rose to his masterpiece in art by seizing firmly the Book which " the Hand " had thrust into his own as a call to his greatest achieve- ment in creative imagination. Corpus of Topical Notes. The following topical notes present in intelligible order the confused fact and the intricate cross-referencing of Book and Poem, and they are usually explanatory of an initial text quotation from The Ring and the Book. The line-numbering and text of the poem are conformed to the author's edition published by Smith, Elder & Co. Page references to the Book are indicated by B, which is followed by Roman numerals if the reference is to the original and by Arabic numerals if the reference is to the translation, the latter being more frequently employed, as the pages of translation permit the insertion of superior figures for return reference. Citation of the secondary source (pp. 207-213) is indicated by P.; of the Casanatense pamphlet (pp. 215-225) by C; and of the general essay (pp. 227-291) by E. The annotation has been confined to the source problem under discussion, and has not dwelt on the many historical and interpretative questions which should find answer in a more general volume. — C. W. H. 294 CORPUS OF TOPICAL NOTES. 1— RB., I, 33. HO, 677: " Old yellow book." The Poet's name for the Book, evidently suggested by the soiled and worm-eaten " crumpled vellum covers." 2— RB., 1, 123-31: These words are a close paraphrase of the actual manuscript title-page of the Book, page I. Position of the entire criminal Pasixione dl tutta la Causa cause Criminaie Of Guido Francescbini, noble- Contro Guido Franeeiehini man, Nobite Aretino, With certain Four the cut- « suoi Siearil throats in his pay. Tried, all five, and found itati fatti morlre in Roma it guilty and put to death di 22 By heading or hanging aa be- F»b. 1698. II primo ton la fitted ranks. At Rome on February Twenty deeoJJaxione gValtri quattro di Two, Since our salvation Sixteen Forca Ninety Eight: Wherein it is disputed if, and Ditputatur an et quando when, Husbands may kill adulterous Maritut potiit oceidere Uxorem wives, yet 'scape Adulterant absque ineursu The cnetomary forfeit. poenae ordinariae Cf. RB., XII, 229. 3— RB., I, 136-9: in a Latin cramp enough When the law had her eloquence to launch, But interfilleted with Italian streaks When testimony stooped to mother-tongue, — All the formal proceedings of the lawyers and judges were in Latin, as a matter of course a barbarous, late, church Latin, made all the more difficult by the technical nature of the discussion. The testimony was naturally in the vernacular Italian. 4— RB., I, 145-6: Primary lawyer-pleadings for, against, The aforesaid Five ; There are six arguments for and iive against the Accused in the Book. "Primary" is prob- ably used in the sense of original. Cf. RB., X, 216. S— RB., I, 146-7: real summed-up circumstance Adduced in proof of these on either side, There are three summaries (summario) of evidence, one for and two against the Accused: pamphlets 4, 7, ii. Cf. RB., X, 217; XII, 230. 6— RB., I, 148.9: Put forth and printed, as the practice was, At Rome, in the Apostolic Chamber's Type, All the pamphlets in the Book, save the two anonymous Italian narratives, were printed, prob- ably in very few copies, by the Court for use in its procedure and bear the imprint: Romae, Typis Rev. Cam. Apost. 1698. (Reverendae Camerae Apostolicae.) Browning translates lit- erally. This papal press was an official and not a mercantile press. 7— RB., I, 150-2: And so submitted to the eye o' the Court Presided over by His Reverence Rome's Governor and Criminal Judge,— The arguments are addressed " Illustrissime et Reverendissime Dotnine" and on the file titles they are spoken of as by " Illustrissimo et Rcv- erendissimo Domino, Urbis Gubernatore in Criminalibus." The governor at this time was Monsignor Pallavicino. The Criminal Court, however, was presided over by Vice-Governor Venturini, who had also presided over the Pro- cessus fuffa (Notes 269, 270), and who later issued the final decree in vindication of the good name of Pompilia (Pamphlet 18). He was possibly assisted by a board of Judges (B., 193. lllustriss. Congregationis), but the usual custom in the criminal law of that day was to try before a single judge. Browning, without any authority in the Book, speaks of three Judges (RB., VI, 8), and likewise without authority includes Judge Toramati (RB., I, 1052; VI, 34, 133; VIII, 219, 263), who had tried the first civil suit of Pietro for the recovery of the dowry (Note 262). Cf, Note 365. 8— RB., I, 689-90: Doubled in two, the crease upon them yet. For more commodity of carriage, Soiled streaks on many pages of the Book were evidently caused by the folding of the separate pamphlets, for the purpose of carrying them in the pocket. 9— RB., I, 691-4: And these are letters, veritable sheets That brought posthaste the news to Florence, writ At Rome the day Count Guido died, we find. To stay the craving of a client there. These three letters (B., 190-1), written at Rome on the day of Guido's execution, are ad- dressed to Sig. Francesco Cencini at Florence. The first of these is reproduced by the Poet, RB., XII, 239-88 (Note 450) ; the other two are not at all in correspondence with the other letters of Bk. XII, but facts from them are used here and there through the poem (Notes 428, 429, 431, 448-9, 451). Cf. RB., I, 257-9. 10— RB., I, 85: . , . "Small-quarto size." The Book is 7I by 10 by 1 inch, printed in small-quarto. 11— RB., I, 119: Print three-fifths, written supplement the rest. There are in fact only about 10 pages of manu- script out of 260. 395 296 12— RB., I, 694-s: To stay the craving of a client there. Who bound the same and so produced my book. RB., XII, 22s, 231: To this Cencini'9 care 1 owe the Book, Discreetly in my Book he bound them all. Browning's conjecture that Cencini collected and bound the Book is evidently based on the fact that the letters were addressed to him (Note 9) ; this is the reasonable supposition as to the collectorship. Note the words of the third letter (B., 191). "I inclose 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." This accounts for Cencini's having most of the pam- phlets of the Book. 13— RB., I, iio-i: from written title-page To written index, The written title-page, see page I, is followed immediately in the Book by the Indice, or Table of Contents, pages III and IV. Such manuscript additions are frequently made out by the modern lawyer in completing a case for his professional library. 14— KB., VII, 6-7: Francesca Camilla Vittoria Angela Pompilia Compaiini Such is her name as given in the baptismal record (B., 137). The full text of this entry of Pompilia*s birth in the records of San Lorenzo in Lucina under date of July 23, 1680, is as follows: Ego Basiliua Riaciua Chi Curatus baptizavi infantem natam die 17 ex D. Pietro Comparini Romano quondam Francisci Florentini et ex D. Violanta Romana nata filia quondam Hiacinti Conjue- deeentibua in hac Parrocia cui nomen impositum fuit Franciscae Camillae Victoriae Angctae Pompiliae, Padrini fuerunt Reverendus Dominns Johannes Baptista Barberius quon- dam Ludovici Romanus, deg. in Parroch. S. Franciscae et D. Barbara Cardili de Fabris deg. in hac Parrochia. Cf. RB., II, 55; IV, 213-4. 15— RB., VII, 1-2 : 1 am just seventeen years and five months old. And, if I lived one day more, three full weeks; Browning evidently calculated this accurately counting from Pompilia's birthday, July 17, 1680 (B., 127), to her deathday, January 6, 1698. Cf. RB., II, 60; III, 457-8; and Notes 350, 351. 16— RB., Ill, 63: A lovelier face is not in Rome The testimony in the Book as to Pompilia's beauty is found (B., 148): "A woman in the flower of her age and, as I have heard, of no small reputation for beauty"; (B., 184): "espe- cially if the wife is beautiful; and (B., 197): " although it may be very difficult for a beautiful woman to preserve the decorum of her honor." No specific information beyond the subsequent note is given. Cf. RB., VI, 1 997-8. 17— RB., Ill, 67: Black this and black the other I RB., XI, 1349: The long black hair There is a hint of Pompilia's dark complexion in one of the forged love-letters (B., 81), "that you are darker than I." Cf. RB., II, 275-6. 18— Pompilia's affidavit, made in Rome, Monday, May 13, 1697, twelve days after her arrest at Castelnuovo, was a part of the Processus fuga (Note 269), or criminal process against herself and Caponsacchi for flight and adultery. It is found in the summaries of both sides, but in greater fulness in that of the Defense (B., 69-73). The marginal comments in the latter version (which are stressed by Mrs. Orr, Handbook, p. 88 as indications of something questionable in the real Pompilia's character) are, of course, the prejudiced comments of the lawyers for Guido and are worthless as evidence of guilt in Pom- pilia. Browning found in this affidavit much information of importance in the story; but it is in no sense a prototype of the monologue of Pompilia in the Poem, nor is it uttered at the same time nor under the same circumstances. 19— The letter of Pompilia written from the prison of Castelnuovo, May 3, two days after the arrest, is said (B., 143) to have been "found among her private correspondence after her death." It is also referred to (B., 144). 20— RB., VII, 29-30: He is a boy and Gaetan by name — Gaetano, for a reason P. 2n: "After that Pompilia bore a son, whom she named Gaetano, after the saint to whom she made her vows." This is the only authority for the child's name, which is so often repeated in the poem. Cf. RB., I, 405; VI, 1389; VII, 100-105, 276; IX, 1371; XII, 688, 781. 21— RB., VII, 1223-59: The wonderful account of the birth of the brooding mother-sense in Pompilia is Browning's own invention, and he returns to it repeatedly. Cf. RB., Ill, II2I-4; 1527-38; VI, 762-8; 1374-6; VII, 1439-40; X, 1073-81. 22— RB., VII, 1762-3': My babe norwas, nor is, nor yet shall be Count Guido Franceschini's child at ail— Pompilia seems to turn here to the thought of the immaculate conception by the Virgin Mother as the explanation of her own child's birth. At line 1692 she says: "I felt like Mary." Cf. also lines 91-2. The Fisc makes cynical reference to this possibility: RB., IX, 1352-66. Caponsacchi speaks of her repeatedly as Madonna. Cf. p. 281. 23— RB., VII, 58: The month — there wants of it two weeks this day I The child was sent away (line 46) when two days old — that is, December 20. (Cf. Note 299.) Pompilia is speaking January 6 (Note 350) ; hence the accuracy of her word, as in her mother yearning she counts the days that still separate her from her babe. 297 24— RB., VII, 10. When they insert my death, The death record in the parish register of San Lorenzo in Lucina (see illustration, p. 280) reads: "Signora Francesca Pompilia Comparini, in Rome, at the age of seventeen and a half, the daughter of former Signor Pietro Comparini, of Rome, wife of Signor Guido Franceschini of Arezz'o in Tuscany, died in the Communion of the Holy Mother Church in the house where she lived on Strada Paolina; she received all the Sacred Sacraments and was buried in this, our Church." Cf. Note 351. 25— RB., VII, 32: " Curate Ottoboni." Browning finds the name (B., 127). Otthobonus had not baptized her; he merely made the swbrn transcript of the baptis- mal record used as evidence in the trial. 26— RB., VI, 290: "Giuseppe Maria Caponsacchi." The full name of Caponsacchi is given in its Latin form (B., xcixor 83). Cf. RB., VII, 941. The Capon- sacchi family were of noble rank. Our arms * * * The shield quartered with white and red. Giuseppe Maria Caponsacchi, born March 26, 1673 (Griffin), was invested Canon November 26, 1693, and resigned of his own accord May 15, 1702. (Records of the Pieve of Arezzo.) The family is now all but extinct, but still preserves a vague rumor that some priestly forbear had run oS with a woman. 27— RB., VI, 346-8: I' the Pieve * • » *#*■"■* if « ifc Sub"deacon, Canon, Caponsacchi (B., 75) says: " I am a Canon of the Pieve of Santa Maria of Arezzo, and am ■ merely a subdeacon." At line 975, he speaks of "the pillared front o' the Pieve, — My church." This is one of the oldest and most impressive of the churches in Arezzo — its famous " pillared front " being well known. 28-RB., VII, 1323: Our Caponsacchi, he's your true Saint George The fact that Conti suggested Caponsacchi as traveling companion is given (B., 174) : " he suggested that there was no better person than Canon Giuseppe Caponsacchi, his friend and in- timate, whose spirit had stood every test." Cf. B., 60; P., 211 ; and Note 145. Vasari's fine St. George slaying the dragon is the altar-piece of the church of Conti and Capon- sacchi, Santa Maria della Pieve of Arezzo. This may have suggested the St. George strain in Caponsacchi's character. Cf. E., 386-9, and RB., Ii58s;VI, 1771, 7;IX, 602. 29-RB., Vm, H93: "Pollent in potency." Arcangeli (B., xvii) speaks of Caponsacchi as viribus pollens. The full statement is as follows (B., 15): "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 prosecu- tion for flight he was called cutthroat." Cf. B., no, 150. 30— RB., VII, 9n: "The rich dark-brown hides?" Browning has a hint of Caponsacchi's complexion in one of the forged love-letters (B., 81). 31— RB., VIII, 1194: " Amasius," or paramour. Guido's lawyers continually mention Caponsacchi thus. 32— There is little in the Book to suggest Brown- ing's presentation of the worldly, irresponsible youth of Caponsacchi. Pompilia speaks (B., 70) of his stopping in front of their house to talk with certain young hussies. The poet may have read into the word donnicwole some of the oppro- brium of our word flirt or even chippy, but no such sinister meaning is necessarily implied. Tommaseo, Dizionario dei Sinonimi, §1413: " Donnicwole, donna di bassa condizione, debole di spirito, con de pregiudizii Donnicivole puo Intendersi della plebe, ma non dispregevole." Cf. RB., II, 806. 33— RB., VI, 429: " Light-skirts." The term was possibly sug- gested by " la Cantarina " in one of the forged love-letters (B., xciii or 78). 34— The important aflidavit and cross-examination of Caponsacchi (B., 73-6) is not dated, but it was probably made about the same time as that of Pompilia (May 13, 1697), and was part of the criminal trial against himself, the Processus fuga. It is manly and straightforward, and bears out Browning's interpretation of the young priest's heroic qualities, though it makes no suggestion of a personal affection for the woman-victim he had rescued. It is in no way the prototype of the monologue in the poem, and was uttered at a different time and under other circumstances. 35— Canon Conti, so frequently mentioned in both Book and Poem as the friend of Caponsacchi, was brother of Count Aldobrandini (Griffin), who had married Guido's sister (B., 70) ; he was accordingly spoken of as a relative and a fre- quenter of the Franceschini home (B., 74, 92, 144). Conti had been invested Canon of the Pieve August 14, 1692. (Records of the Pieve.) He was in company with Caponsacchi on the evening of the comfit-throwing (Note 131) and Guido subsequently became jealous of him also (B., 70). He was fully informed of Pompilia's sufferings, and to him she turned for relief (Note 14s). As he felt it improper for himself to move in the matter, he advised Pompilia to seek the aid of his friend Caponsacchi and he united his urgency to hers. He is accordingly called (B. 177) "the mediator in that flight." The fact that he was not subsequently included in the Tuscan trial of Pompilia and Guillichini for the runaway probably indicates that he had 298 refrained from overt act in the matter, or that he had died before the suit was instituted. He is also mentioned (B., go) in the forged love- letters. He was probably related to the Jacbpo Conti who swears (B., 42) to the ill-treatment suffered by Pompilia. Cf. B., 60, 62, 144, 159, 196; also RB., n, 938-41. 36— RB., VI, 2032: Conti is dead, poisoned a month ago: (B., 177) : " It is public talk and report throughout Arezzo that he died a month ago under similar suspicious circumstances." The records of the Pieve give his death as occurring January, 1698 — that is, subsequent to the murder of the Comparini. The word could hardly have reached Caponsacchi by the time of his sup- posed speech. 37— Guido Franceschini, " a nobleman of Arezzo " (B., 10, and P., 209), of an old but impover- ished family, appears in the Book in as unfavor- able a light as in the Poem. He was evidently forced early to seek his fortune at Rome. Brown- ing, however, creates outright for us a conception of his early ambition and purpose and of his later unsuccess in the battle of life. 38— RB., V, 144-5: * * * not first in ranic But second, * * * Evidently drawn from (B., 171): "it is un- true that his family enjoyed the highest rank of nobility in the City but * * * is of only secondary rank." Palazzo Franceschini, formerly in Via dei Cenci, is no longer in existence. The family was of low origin, came " da un sensale," and grew to great power, no one knows how, and during the 15th century were gonfaloniers of Arezzo. The family became extinct not long after Guide's death. 39— RB., II, 288-9: * * * since many years, Was friend and foliower of a cardinal; This fact is evidently drawn from P., 209: " Guido Franceschini, a nobleman of Arezzo had stayed for some time here in Rome, in the service of a person of some eminence." The Casanatense pamphlet (P., 217) says that Guido became Secretary of the Embassy for Cardinal Nerli. Francois Nerli, born in Florence, July 13, 1636, was son of a banker. He took orders and was raised to the Cardinalate in 1673. For a while he was Archbishop of Florence, but as he was not able to please either the Grand Duke or the people, he retired to Assisi, where he passed the remainder of his days in an agreeable retreat. He was versed in all knowledge and always considered it an honor to be the friend of the learned. He died in Rome in 1708. (Moreri, Grande Dicttonnaire , VII, 970.) He was possibly the one to whom Caponsacchi refers somewhat scornfully (RB., VI, 1254-65). The full detail of the service given by Guido (RB., V, 292-397) is supplied entirely by the Poet. Cf. RB., II, 154-6 ; III, 256-7; IV, 400-15; V, 336-9, 1795-6. 40-RB., IV, ss: " Her Eminence." Evidently a waggish trans- lation of sua Eminentia (B., cxxxiv). 41— RB., IV, 417: And not a penny in purse to sliow for it, — This ironic comment of Tertium Quid is evi- dently based on (B., 169): "Out of service of a Cardinal, without a soldo." Cf. C, 217. 42— RB., V, 269-70: Close to tt\e Church, though clean out of it, I assumed Three or four orders of no consequence, The Book contains no information as to this fact, but the letters (B., ccxxxv-ix) tell of the staying of Guido's sentence for a few days on the ground of his clerical privilege (chiericato). He was secretary of Cardinal Nerli (C, 217). Cf. RB., I, 255; X, 44S-8; XI, 45-6, 52. 43— RB., II, 304: " Thirty years." Browning seems to borrow this time from the trenf anni nella medesima Citta (B., 122), which is said of Abate Paolo, and not of Guido. Browning uses it in connection with the latter at RB., IV, 392. Cf. RB., V, 292; X, 825. 44— RB., V, 1428: "Fifty years." According to P., 213, Guido was fifty at the time of his execution, and he was therefore forty-six at the time the marriage took place. The baptismal records of Arezzo, how- ever, show that he was born January 24, 1657. It runs as follows: Gennaio 24, 1657, Guido di Tommaso di Girolamo Franceschini e di Beatrice di Guido Romano. Cf. RB., I, 784; IV, 409, 719; XI, 1844. 45-RB., I, 783-4: Lean, pallid, low of stature yet robust, Fifty years old, RB., IV, 718-9: Little, long-nosed, bush-bearded, lantern-jawed, Foity-six years old, RB., VII, 396: Hook-nosed and yellow io a bush of beard. All of these descriptions of Guido's personal ap- pearance are drawn from the statement at P., 213 : " Franceschini was low of stature, thin and pallid, with a prominent nose, black hair and a heavy beard, and was fifty years of age." Browning also had in his possession the rough pen sketch of Guido found at page 275. This was probably made only a few days before Guido's execution. It was sent to the Poet by a stranger, who found it in a bundle of drawings, etc., which he bought at a sale in England. The Poet has probably stepped beyond dramatic propriety in the above words of Pompilia, which are repeated at RB., yil, 443. This is but one of many manifesta- tions of Browning's grudge against the meanness of Guido, which will hardly let the Poet be fair to him. Cf. also RB., XII, 192-6. 46— RB., X, 543-5: All is the lust for money: to get sold, — Why, lie, lob, if it must be, murder! Make Body and soul wring gold out, 299 This assertion of the inherent greed of Guido is made all through the reply to the Anonymous Writer (pamphlet 15), where almost every motive of Guido is traced ultimately to this, B., 168, dannato interesse; 169, stimolato dell' inieresse; 171, la sua avidita; 171, d'ingannar per farsi ricco; 173, dall' interesse deluso; 175, oggetto dell' interesse; 177, la scandalosa e detestabile cupi- digia & a 549-668; IV, 149-91, 575-80, 611-2; V, 88-9, 768- 74; VII, 131-2, 139-45, 864-94; XI, 1317. 106— RB., V, 90: Her mother's birthright-license RB., VII, 863: —Adding, it all came of my mother's life Arcangeli accuses Pompilia of being like her mother in evil life (B., 18) : " Nor was it diffi- cult to persuade that girl to do what she was prone to by inborn instinct, and by the example of her mother." Cf. B., 99. 107— RB., II, 580: Partly to cheat the rightful heits, B., 118, gives Violante's motive in the fraud as her desire to keep "her husband's creditors from their rights " and P., zio, " this had 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." Cf. RB., Ill, 194-6; IV, 218-9. Browning's various versions of the cheat and the motive which lay behind it are given, RB., II, 58, 219-47; III, 179-229; IV, 131-210; VII, 270-300; VIII, 875-8. 108— RB., II, 597: "The biter bit," possibly suggested by the ironic comment on the trick at B., ccxii: ars deludit arte. Cf. RB., V, 1360-1. 109— RB., II, 656-67: they noised abroad Kot merely the main scandal of her birth, But slanders written, printed, published wide. The Book makes several references to the fact that Guido had suffered thus at tfie hands of Pietro. B., 144, speaks of " pamphlets about the domestic scantiness and the base treatment suf- fered." Cf. also B., 27, 118, 154, 164. Probably the servant's affidavit (B., 38-42) was thus slan- derously circulated throughout Rome. Cf. RB., II, 671-6 ; IV, 640-5 ; V, 765-7 ; XI, 1235. IIO- This affidavit of Angelica was evidently se- cured by Pietro to aid him in his suit, 1694, to recover the dowry paid to Guido and to annul the dowry contract (Notes 260-2). It was probably a part of the injurious publications (Note 109) circulated by Pietro throughout Rome to the detriment of Guido. Browning uses its facts only slightly (Notes 117-9), but from it gained almost all of his detailed knowledge of the penury and parsimony of the Franceschini and of the sufferings of the Comparini while staying in Arezzo. The affidavit is referred to by the lawyers of the Book (B., 58, 86, 117). Ill— The attestations (B., 42-3) concerning the ill- treatment which Pompilia had suffered in the home of her husband were evidently secured as a part of her defense in the Processus fuga. It is interesting to note among the witnesses the names of a Conti (not the Canon) and of Confessor Romano, to whom Pompilia had had recourse in vain. 305 112— RB., ir, 684-6: she wrote, * * * hel husband's brother the Abate there, This letter of Pompilia to Abate Franceschini is twice given in full in the Book (B., Iv and Ixxxvii). During the trial for murder, it was subject to frequent discussions by the lawyers (B., 10, iS, 59, 87, I4Z, IS4. 19s; and P., 210). It seems also to have been formerly presented as evidence in the Processus fuga (B., 44), but had been "rightly rejected by the judges" (B., 142). We quite agree with Lamparelli (B., 195) "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." The letter is so grossly impossible from such a young girl, that it must have been of Guido's drafting. And if so, inasmuch as it forecasts the flight of Pompilia with a lover, and other later developments of the case, we are led to infer that the whole of this later trouble was the deliberate plot of Guido, as charged in RB., Ill, 712-37. Cf. Note I2i ; also RB., Ill, 738-71; IV, 769-86; V, 834-43; VIII, 158-72; IX, 809-21. 113-RB., II, 721: Word for word, such a letter did she write. This refers to the contents of lines 689-718, which are indeed a fairly close adaptation of the original (B., 44). The letter is repeated again in this way by Tertium Quid, IV, 778-84. Cf. RB., II, 689-718. 114-RB., Ill, 751-3: This letter, traced in pencil-characters, Guide as easily got te-traced in ink Br his wife's pen, Evidently based on Pompilia's explanation of the letter as given (B., 72) : " My husband wrote the letter with a pencil, and then made me trace it with a pen and ink it." Cf. RB., Ill, 1315-6; IV, 770-2; V, 842-3; VIII, 161-4; IX, 8x6-21. IIS-RB., Vn, 746: Go this night to my chamber, not your own ! Cf. B., liv: Fece strepiio grande, perche non voleva andare a dormire col Signor Guido, suo Consorto; also cf. B., 90: Renuebat jacere cum vtro. 116-RB., IX, 1338-41: who had been harassed and abused For non-production of the promised fruit Of marriage? I? her affidavit (B., 69) Pompilia says: "As I did not become pregnant, my husband and my mother-in-Iaw Beatrice began to turn against me because I had no children." Cf. P., 210. in-RB., V, 70-4: —How she can dress and dish up— lordly dish nt for a duke, lamb's head and purtenance— with her proud hands, feast household so a week ? «o word 0' the wine rejoicing God and man 1 ne less when three-parts water ? The servant in her affidavit (B., 40, 41) speaks of the lamb and lamb's head cooked and divided by Donna Beatrice, and of the diluted wine for the table. 118— RB., IV, 360: Creeps out a serving-man on Saturdays B., 40 : " When he did not buy the lamb on Saturday » * * Signor Guido gave money to Joseph, the house-boy," etc. 119— RB., V, 1388: "The coarse bread." B., 41 says: "The bread was as black as ink, and heavy, and ill- seasoned." 120— RB., V, 1361-3: and truly divers scenes Of the Arezzo palace, tickle rib And tease eye till the tears come, so we laugh; Probably refers to the making public of the servant's testimony (B., 38-42). Cf, Note 109. 121— RB., VI, 1795-8: That he, from the beginning pricked at heart By some lust, letch of hate against his wife. Plotted to plague her into overt sin And shame, would alay Pompilia body and soul. This accusation that Guido plotted to drive Pompilia to Caponsacchi's arms, while it is not referred to in the Book, seems not improbable in the light of certain facts given there. The let- ter which he forced Pompilia to write (Note 112) forecasts many of the grossly improbable crimes with which he taxed his child-wife three years later. The love-letters (Note 232) are almost impossible of explanation save as part of some such deliberate scheme. This is quite in accord with the ascertained character of Guido, who was crafty and cruel. Cf. Note 150; also RB., Ill, 7ZI-37. 776-87, 1356-9; IV, 663-98, 749- 51 ; VII, 695-9 ; X, 603-13 ; and E., 278. 122— RB., IV, 788-90: All sort of torture was piled, pain on pain. On either side Pompilia's path of life. Built round about and over against by fear, Pompilia tells _(B., 70) of the cruelties of her husband, attributing them to her sterility and his jealousy of her. Elsewhere in the Book general reference is made to the ill-treatment sufiFered by the wife. Cf. Notes 128, 129, 132-4. 123— RB., V, 896-902: It was in the house from the window, at the church From the hassock • * * That still Pompilia needs must find herself Launching her looks forth, letting looks reply As arrows to a challenge; This charge of general flirtation is told by Pompilia herself (B., 70), where she asserts that it was without foundation. Arcangeli reiterates the charge (B., 91): "The wretched Accused complained bitterly that she was not content merely with a single lover at Arezzo, but that she had been defiled by many suitors." Cf. RB., VII, 677-80; IX, 298-301; and P., 210. 124— RB., II, 809-10: Pompilia chose to cloister up her charms Just in a chamber that o'erlooked the street, Possibly suggested by (B., 70) : " My husband began to be jealous of me and forbade me to show my face at the window." 3o6 125— RB., II, 86i: Or wife and Caponsacchi may fare the worse! Both Porapilia and Caponsacchi mention the threats of Guido (B., 70, 74). 126— RB., VII, 684-5: 1 tried to soollie liim by abjuring walk, Window, church, theatre, for good and all, B., 70: "To remove that occasion of jeal- ousy I never showed my face save when it was absolutely necessary." 127— RB., II, 833-4: Your lady lovea her own room, sticka to it, Locks herself in for hours, you say yourself. Cf. Pompilia's words (B., 70) : " I retired to my room whenever he came to our house, that I might not have to take even more trouble." Also cf. B., 173, 180. 128— RB., V, 938-46: This account of Guide's jealousy of Cap- onsacchi is founded on Pompilia's story of the jealousy (B., 70) : " Because the Canon Capon- sacchi with other young men of the place used to pass before our house * * * my husband began to fume with anger at me." Gf. RB., II, 805-7, ^35) ^ii pretext Fbt aught except to set Ponpilii free. Caponsacchi's words (B^ 74) are: "Accord- ingly, vrith this purpose, to free inyself fram every difiBculty and danger, and also to save from death the said Francesca," etc.; and Bottini (B, 6i) says it was from mere pity, and her honesty was kept entirely intact Cf. KB, IV, 996-7. 181— RB, Vn, 1459: Next night there was a doad caae, tad not be: RB, VI, 1065-6: Why ia it yoo have suSered me to May Breaking my bean two days nM>re thaa waa need? This delay of two days at this critical jmic- ture is told of in the words of Pompilia (B, 71) : " But the next day went by and, althoogh 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." Browning has made this delay of two days take a profound meaning in the life of his hero, a time of rapid growth to the full stature of Christian heroism (RB., Yl, 937-1062). But the Poet's Pompilia merely says— forgetting the ctoel anxiety of the delay in such peril — I prayed through the darkness till it broke. 182— RB, VII, 1462: The plan ii lash ; the project desperate : Possibly suggested by (B., 71): "He replied that he did not wish to meddle at all in such an affair, as it would be thought ill of Iry the whole city"; or by (B, 74): "I answered her that I was unwilling to do anything of the kind, or to expose myself to such a risk." Cf. P, an. 183— RB, VI, 890: If I am absent, drop a handkerchief Pompilia speaks of this signal (B., 71). 3IO 184— RB., VI, iiio-i: This bcine last Monday in the month but one And a vigil, since to-morrow is Saint Georse, Both Pompilia and Caponsacchi (B., 71 and 74) speak of the flight as beginning the last Sunday night of April (which was April 28), and Caponsacchi says they reached Castelnuovo (B., 74) on the "last evening of the month" — that is, the flight lasted from very early Mon- day morning, April 29, till the evening of April 30, and they were arrested by Guido the next morning. May 1 (cf. B., 7, and P., 2ii). The Poet has discarded this date for April 23,^ St. George's day, in all probability, that he might take advantage of the chance association of his " soldier-saint " with the famous English ideal of Christian knightliness, St. George. Other dates connected with the flight are changed accordingly (cf. Note 28). Cf. RB., II, 889: "One merry April morning " ; III, 1065-6, " on a certain April evening, late i' the month." 185— RB., VI, 1078: "There's new moon this eve." This mere chance remark was evidently verified by Brown- ing, as the supposed date, Sunday, April 22, 1697, was indeed new moon. See the letter of Mr. Barrett Browning (Note 536). 186— RB., VII, 1479-81: You, whom 1 loathe, beware you break my sleep This whole night! Couch beside me like the corpse I would you were ! Suggested by Porapilia's words (B., 72) : " I went to bed with my husband that evening, and when I had assured myself that he was asleep," etc. 187— RB., V, 1012: " At the seventh hour of night " (B., Ixxxix or 74) " alle sett' hore in circa." Cf. also B., 7. 188— RB., V, 1013: " Later, at daybreak." Pompilia gives the time as " at dawn " (B., 72). Cf. B., an. 189— RB., V, 1020-3: But the gates are shut. In a decent town, to darkness and such deeds: They climbed the wall— your lady must be lithe — At the gap, the broken bit . . . — ** Torrione, true!" Evidently based on (B., 7): "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 San Clemente," etc. Cf. RB., VI, 1080, 1089. 190— RB., V, 1022: "They climbed the wall." Suggested by (B., 7 and 8) : "Climbed the walls of the City." 191— RB., V, 1025: clemente, where at the inn, hard by, " the Horse.'* B., 7: "And having reached the osteria dl Cavallo outside of the gate of San Clemente." This inn is now used as a poor tenement house. Cf. B., 74, and RB., VI, 1082-4. 192— RB., V, 1026: lust outside, a calash in readiness B., 7: " Awaited with a carriage {calesse) and two horses." P., 211, and RB., II, 945; III, 1087. 193— RB., V, 1028-9: To gate San Spirito, which o'erlooks the road. Leads to Perugia, Caponsacchi says (B., 74) : " Turned along outside of the city wall to go to the gate of San Spirito, which is in the direction of Peru- gia." Cf. B., 7, and RB., VI, 1146-7; H. 956- 194— RB., Ill, 1128-30: And so we did fly rapidly all night. All day, all night * • * And then another day. Both Pompilia and Caponsacchi (B., 72 and 74) speak of their flight as uninterrupted save for the necessary stops for eating and changing horses. Browning uses this statement (RB., VI, 1211-2) : " Does it detain to eat ? " They stay perforce, change horses, The flight lasted from i a. m. April 29 to 7 p. m. April 30, a journey of 70 miles in 42 hours, including these stops. Cf. RB., Ill, 828; Vi 1044-s; VI, 1153; IX, 720, 1281. 195— RB., VI, 1275: When we stopped at Foligno it was dark. Guido makes the unfounded charge (B., 107) that the fugitives slept together at Foligno. Cf. RB., VI, I4SS-6; II, 959. 196— RB., II, 893: And teeth one mud-paste made of poppy-milk; Baldeschi says (B., 108) that Guido had told him that Pompilia had mixed an opiate with the wine for dinner to put to sleep himself and all the rest. The fact is also mentioned or discussed (B., 10, 22, 93, 119, 146, 198). Browning refers to it (RB., II, 905; III, 1204-8; IV, 1176-7; V, 989-91, 1038). Cf. also the next note. 197— RB., IX, 625-35: And do him service with the potent drug Apology is made (B., 146 and 199) for Pora- pilia's use of the sleeping potion on the ground that it was a necessary precaution for her flight under fear of death. Browning substitutes for this sophistry the above grotesque subterfuge on the Fisc's lips. 198--RB., II, 894-s: " His scritoire the worse for a rummage.'' At B., 72, Pompilia speaks of having taken some money from " un Scrigno." Cf. B., 119; RB., IV, 1178; V, 993. 199— RB., Ill, 1073-4: clothes and a trinket or two. Belongings of her own in the old day,— Pompilia (B., 72) : " 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. These were my own • * • " Cf. B., 75. 200— RB., V, 992: * * * rifled vestnre-chest, RB., II, 895-6: jewelry that was, was not. Some money there had made itself wings too, — 3" These charges of serious theft were insisted upon by Guido's lawyers: B., lo, 86, io8, 119, and P., 211. At B., 7 and 8, Guido gives a pre- posterously long list of clothing, jewelry, and money carried away by Pompilia. As a matter of fact the 47 or 48 scudi found on Pompilia at the time of her arrest were later paid back to Abate Franceschini (B., 176, 211). Bottini (RB., IX, 653-8) makes an ironic excuse for this theft. 201— RB., VI, 2043-9: There are two tales to suit the separate courts, • * * —he tells you here, we fled « * « 4! * « ^m elsewhere He likes best we should break in, steal, bear off, Guido's charge against his wife and Capon- sacchi before the Roman Courts was flight from home and adultery: while (B., 7-9) the copy of the proceedings in the Tuscan Court, would indicate that in the latter, the theft was much insisted on. Cf. RB., V, 1906-8. 202— RB., 11, 954: Got horse, was fairly started in pursuit B., 10, "the wretched husband pursued them." Cf. RB., Ill, 1209; IV, 1118; V, 1039; and B., 50, 119; and C, 221. 203-RB., VI, 1838-9: In our whole journey did we stop an hour. Diverge a foot from straieht road Bottini makes this point (B., Ixxli or 61, § Eaque ulterius). Cf. B., 179, 196. 204-RB., VIII, 212-3: I had thought to own — FroTided with a simple trayelling-sword. Such is Arcangeli's claim (B., 96), and it is refuted by Bottini (B., 150). 205-RB., VI, 1694: "Borsi, called Venerino." At B., 7, the driver IS named in the criminal charge against him in Arezzo as "Francesco di Gio. Borsi d. Venerino, Garzone d'Agosto." At B., 62, he is called Jranctscus Joannes de Rubris." Cf. B., 74, and RB., IX, 686. 206-RB., VI, 1696: Deposes to your kissints in the coach. This charge against the fugitive couple is made l«.> 11, 94. 107, "9) and denied (B., 62, 63. 147, '"' '?9. and P., 2n). The CasanateAse pam- phlet (C, 221) gives a slightly fuller account. 207-RB., VI, 1698: After some weeks of sharp imprisonment RB., IX, 689: After loni rottine in imprisonment, "Tnil '99' gjve' this reason for his statement: he Wk" ^^ '•>« tedium of his secret prison, ne had been compelled to swear so." Was dismissed forthwith to liberty." That he was thus dismissed is seen at B., 8 and 9. 209-RB., IX, 698-701: That what the owl-like eyes * » • supposed a Tulgar interchaoEe of lips. This was but innocent log of head 'gainst head. This sophistry is first offered by Botdni (B, 147) : " Furthermore, there is the possibility to be considered that the jostling together of those sit- ting in the carriage might have happened from the high speed ; and from this fact an overcurious witness might believe that they were kissing each other." This explanation b repeated (B., 179, 199). 210— RB., VI, 1397-1401: Suddenly I sftv The old tower, and the little white-valled dump Of buildioes and the cypress-tree or two, — "Already Castelnuovo — Rome!'* I cried, "As food u Rome," RB, I, 507-8: the Tayside ion By CastelnooTo's lev mean hat-like homes Castelnuovo, by the accident of Pompilia's fail- ing strength, thus became the scene of one of the most striking incidenb of this dark history. The arrival of the fugitives there is continually re- ferred to (B., 72, 74, 119, 174). The versioo of Book II, 966-7, is more particularly based on the statement (P, 211): "At Castelnuovo in the Osteria of the Post" The other descriptions were made by the Poet " with his eye on the object,"' and are accurate. 211— RB., II, 972: There did they halt at early erenitie, Caponsacchi (B, 75) says: "We readied Castelnuovo on Tuesday eveiiiii& the last of the said month of April." And B, 94, says that they arrived at about half-past seven in the evening. All other testimony in the Book, save that of Pompilia, agrees with this.' 212— Pompilia, however (B., 73), declares: "I verily arrived at Castelnuovo at the blush of ,^^''„ ^*°*^ *« Poet makes PompiUa say (RB III, 1140) : " In a red daybreak, when we reached an inn." To this evidently mistaken statement, Guido's lawyers make the marginal comment: "The He concerning the advent at Castelnuovo." And this is used to break down the value of her testimony (B., 94). The lawyers on the other side meet this attack by subterfuge (B., 149, 200). The Poet invents his own ex- planation, which, while not corroborated at any point in the Book, is not refuted by the fact of the Book. This is, that Pompilia fainted away in the evening glow, and when rudely awakened m the glow of the next morning, she was ignor- ant of the lapse of the hours of night Note that the Poet repeats this important point Cf. RB III, 1188-98, and VII, 1580-4. 213— RB., VI, 1410-12: Out of the coach into the inn I bore The inotionlesa and breathless pare and pale Pompilia, " This passage was probably suggested by the words of Caponsacchi (B., 75) : "Then because r^??i f l'"''^-^^* *.* ^=" ""ff^'ng ""ne pain and that she did not have the couraie to pursue elf rn"Tl"?''" ^'*r «'*• "he cast her- self still clothed upon a bed in the chamber" 312 Cf. B., 199, and RB., IX, 741, where the mean and vicious nature of Bottini is made to reveal itself in speaking of the same fact. Cf. also RB., Ill, 1142-9; VII, 915-6. 214— RB., VI, 1418: " Kept watch all night long." B., 148 : " Brief stay in that room * * * should be attributed to his guardianship of Francesca Pompilia.'' _Cf. B., 149, 174, 200: "ad ipsitts custodiam vigilante." Cf. also RB., IV, 960; VII, 1574. 215— RB., 11, 1116: The night Bt ihe inn— RB., II, 981: One couch in one room, and one room for both. In spite of the denial by Pompilia (B., 73) there can be little doubt that the fugitive couple did spend the night together in a chamber at Castelnuovo. Caponsacchi makes his explana- tion of the matter (B., 75). Guido asserts that they slept together at Castelnuovo. The lawyers discuss the matter pro and con throughout the Book, usually speaking of it as the condormitio (B., II, 62,75, 94, 119, 141, 148. i49i 174. 180. 199)- Cf. RB., X, 659-64. 216— RB., II, 979: " Upstairs," etc. Probably suggested by Pora- pilia's reference to an upstairs chamber (B., 73). 217— RB., II, 999-1000: flung the cassock far, Doflfed the priest, donned the perfect caralier. Caponsacchi's use of laic garb during the flight is referred to (B., 94 and 148, and RB., Ill, 1259-60; IV, 960, 1156; V, 1050-x; VI, 1120, 146s). 218— RB., IX, 735: Pompilia needs must acquiesce and swoon, Caponsacchi gives their reason for stopping thus so near their journey's end (B., 75) : " Then because Francesca said that she was sufFering some pain, and that she did not have the cour- age to pursue the journey further without rest." And Bottini (B., 149) says: "To refresh her strength, which had been exhausted by the swift- ness of journey they had made." Cf. also B., 199, and RB., Ill, 1187-8, 1231-2; VI, 1408. 219— RB., II, 975-6: since in the court-yard stood the Canon's sell Urgine the drowsy stable-grooms to haste RB., VI, 1427-9: I stood 1* the courtyard, roused the sleepy grooms. ** Have oat * * * * * * • Carriage and horse, give haste, take gold!" said I. Cf. B., 149 : " 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 car- riage be made ready." And at B., 180, we read: " When Franceschini arrived at the said place he found Caponsacchi urging that the horses be harnessed for continuing the journey." Cf. B., 174, and RB., Ill, 1197-1201; V, 1052-62. 220— RB., Ill, 1262-s: There was no prompt suppression of thetnan As he said calmly * 1 have saved your wife From death;" RB., X, 696: the steadfast eye and quiet word O' Ihe Canon of the Pievel The actual words of Caponsacchi at this meet- ing as reported (B., 196) have undoubtedly sug- gested these passages, and they are still convinc- ing evidence of the sterling and manly honor of the real Caponsacchi: "I am a gallant man, and what I have done, I have done to free your wife from the peril of death." Cf. also B., 174; and RB., II, loio; IV, 1159, 1192-j; V, 1119. 221— RB., II, 1008: " A wicked-looking sword at side." The Pro- curator of the Poor (B., 96) implies that the fugitives were provided with fire-arras as well as other weapons, but Bottini (B., 151) claims that Caponsacchi had only a sword, while elsewhere (B., 175, 177) only " un piccolo spadino" is acknowledged. Cf. also B., 119; and RB., Ill, 1260; IV, 1156; VI, II22, 1466; VIII, 201-15. 222— RB., II, 1021: So, Guido called. In aid and witness both. Both the Book and The Ring and ihe Book refer repeatedly to the failure of Guido to take summary vengeance here and to his turning to the law to avenge himself. Guido gives his own defense (B., 107). But his lawyers have hard task to meet the sneers of the Prosecution at this failure of spirit. Cf. RB., II, 1506-24; III, 1268-70; IV, IX20-I2I2; V, 1068-1117; VI, 1461- 71; VIII, 983-95. "85^7; IX, 1133; X, 697-8; and B., 15, 51, 53, 65, 96, 109, 119, 151, 160, 162, 17s, 177- 223— RB., IV, 1 126-9: And never let him • * * plead, • • • honour's wound ! Exactly this point is made by Bottini in his argument against Guido (B., 151). 224— RB., VI, 1511-2: Detect Guilt on her face when it meets mine, then judge Possibly suggested by the rhetorical question (B., 174) : " When his wife saw him, did she, timid as she was, shrink back ? " 225— RB., II, 1022: "The Public Force." The police who overtook Guido the night after the murder are called La Forza (P., 212). Cf. RB., IV, 1395; VI, 1463. 226— RB., II, 1022: " The Commissary." The Governor of Arezzo is called // Commissario (B., 42), but P., zii, speaks of " il Governatore di quel luogo"; B., 75 and 119, speak of "la Corte." Cf. also KB., VI, 1462, and B., 51, 175. 227— RB., II, 1031: Sprang to her husband's side, canght at the sword RB., V, 1 123-4: Nay, an alacrity to pnt (o proof Al my own throat my own sword. 313 RB., VI, 1 544-6: She ipi'iiE at the iwotd that huni beside him, letzed, Diev, blandished it, the suntise buf ned for jor 0' the blade, This incident, which is perhaps the most dra- matic of the whole story, is interpreted in various ways in the Boole. We read (B., i6) : " Whether because of her hatred for her husband, or on account of her anger at the imprisonment of her lover, she drew a sword against her husband in the very presence of the officers who were about to arrest her. And to prevent her from going fur- ther, one of the bystanders had to snatch it from her hands." Cf. also B., 96, no, 119, 150. Browning's interpretations through the various speakers of the Poem are full of interest — ^the fierce admiration of Caponsacchi, the grave and earnest approval of the Pope, Pompilia's own linking of the act to her half-conscious mother- sense and to the voice of God, and the Fisc's insincere sophistries should be carefully compared. We have here a good example of Browning's art in adapting one of the acknowledged facts of the story to the various personalities of his speakers. Cf. RB., Ill, ii«i-7, 1290; VII, 1594-1641; IX, 889-925 ; X, 699-700, 1081-3. 22S— KB., II, 1040: but her tongue continued free: RB., V, n2o: She, with a volubility of curse, RB., VII, 1591-2: 1 did for once see right, do tight, give tongue The adequate protest: The Poet invents words for the situation at RB., Ill, 1295-9; and VI, 1528-32. At P., 211, we read: "The young woman was not at all terri- fied at the sight of her husband, but on the con- trary she mustered her courage and reproved him for all the cruehies practiced upon her." Cf. B., i74> 175- , 229— RB., II, 1044: "The ibirri." Cf. B., 119: " catturate da i imi sbirri." B., 177: " farli arrestare da sbirri." 230-RB., V, 1133: We searched the chamber There they passed the night, RB., VI, 1555-9: 1 begin my search meanwhile ^Piobably based on Caponsacchi's words (B., 7S): "Although in the prison of Castelnuovo, where I was placed, diligent search was made hoth by the authorities and the husband," etc Cf. RB., 11, 1068-9. 231-RB., II, 1071-4: Found— • * « All the love-letters RB., VI, 1668-9: the docaments were found At the inn on your departure? Cf. also III, 1308-11; IV, t033-42; V, 1132-7, "74-7' In the Book these letters are variously asseited to have been found in the closet, "in Latnna" (B., 61, 197) and in the prison (B., 76, 08, 143). 232— RB., VI, 1650-4: Then your clerk produced Papers, RB., VII, 175-9: Nay, I heard read out in the public Court Before the judge, in presence of my friends. Letters These love-letters were presented as evidence in the adultery trial. Processus fugit, and were reintroduced now in the murder trial and were published in extracts in the summary of evidence for the defense (B., 77-83). They play a very important part in the legal arguments, as will be seen by the following citations (B., 11, 61, 88, 89, 119, 168, 174, 177, 178, 197, and P., 2ii). The internal evidence against the genuineness of these letters is overwhelming. It is quite inconceivable that their highly conventionalized, pseudo-literary afiFectation could have been written by an illiter- ate young girl. 233— RB., II, 1 145-7: Tis forgery * * * the husband's worlE. Very naturally and justifiably do the lawyers for the Fisc charge them to the forgery of Fran- ceschini himself. (B., 197) : "They might have been framed by the husband." They seem to be a part of his whole cunning, ignoble plot against his wife. Browning has repeated this charge of forgery over and over again (RB., Ill, 949-52, 1313, 1360-61; IV, 1047-59; V, 1151, I203-6; VI, 1665, 1801-2; IX, 468, 1150; X, 650). 234— In the trial for adultery. Processus fugte, both Pompilia and Caponsacchi were questioned as regards these letters, and their replies are found at B., 72, 76. 23S— RB., II, 1133-8: Seeing I have no hand, nor write at all. • «««*«* * * * she read no more than wrote, Guido's lawyers brand these statements as lies, and endeavor to prove that she did know how to write (B., 87, 120). Cf. also RB., Ill, 908-11; VII, 1489-90; IX, 837; and Note 248. 236— Guido's account of the contents of the love- letters (RB., V, H41-9) is evidently given by the Poet in close accord with the letters set forth in the evidence, as will be seen by the subsequent notes. 237— RB., V, 1142: He's at the villa, now he's back again: Cf . B., 78 : " The Jealous one is away " ; and B., 80: " Guido returns Saturday morning." 238— RB., V, 1146-9: " Of all things, find what wine." This is not an exact quotation from any of the letters, but they contain similar passages concerning the dropping of the sleeping potion into the wine (B., 81, 82). 239— RB., V, 1147: " Sir Jealousy." // Geloso is frequently re- ferred to in the letters (B., 77, 78, 81, 82). 314 240— RB., V, 1 148: "Red wine." Cf. B., 78, "vino rosso" and B., 81, " i rosso per hora." 241— RB., V, 1148-9: Because a sleepine-potion, duBt Dropped into white, discolours wine Cf. B., 93 : " For in seeking an opportunity to mingle an opiate * * » was inquiring what colored wine they were drinking in the home, lest the color of it, when altered by the drug mixed therewith, might betray their plots." 242— On the replies of Caponsacchi as to the letters (B., 75-6) the Poet has based his conception of Caponsacchi's reply (RB., VI, 1650-73). 243— RB., VI, 1655-9: — How was it that a wife, young, innocent, * * * wrote this page ?— She wrote it when the Holy Father wrote The bestiality that posts thro' Rome Put in her mouth by Pasquin. The question and reply here are suggested by (B., 76) : " I marvel that the Fisc pretends that before the flight several other love-letters had been sent me by 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 the abovesaid pretense is false and without foundation." On the above passage was also based RB., II, 1162-4: Much he repents him i( * * * He coupled her with the first flimsy word 244— RB., VI, 1661-s: *' There's your hand ! " This precious piece of verse, 1 really Judge, Is meant to copy my own character, A clumsy mimic; and this other prose. Not so much even ; These words are evidently suggested by Ca- ponsacchi's reply concerning the letters submitted to him for identification (B,, 76): "This letter was not written by me, though the handwriting {caraitere) of the same has some resemblance to my own. * * * This other letter * * » was not at all written by me and is not in my handwrit- ing. Furthermore it has not the slightest re- semblance to my handwriting." Cf. RB., II, H31; III, 1312-3. 24S— RB., II, 1 148-9: he confesses, the ingenuous friend. That certain missives, letters of a sort, Caponsacchi makes such acknowledgment in his affidavit (B., 75). Cf. RB., Ill, 927-30; IV, 1050-2. 246— RB., II, 1159-60: he flung. Her letters for the flame RB., IV, 1053: 1 burnt because I read. Probably suggested by Caponsacchi's reply (B., 75) : "The letters sent to me, as above, by the said Francesca, were burned by me in Arezzo." There is a similar statement in one of the forged love-letters (B., 79) : " I gave them to the flames." Cf. RB., II, 1140; III, 960. 247— RB., IX, 445-8: ^ „ „ . " Or the letters * * * Allow them hers." Bot- tini (B., 6i) makes just such an acknowledg- ment, and then offers excuse : " or she could have made pretense of this to win over the Canon." Cf. B., 145. 146, 1481 178. ^97- Cf. lines 473-4. 248— RB., IX, 448-9, 60: — for though she could not write. In early days of Eve-like innocence m ***** * May well have learned, though late, to play the scribe: B., 143 : " She could have acquired this skill afterwards because of desperation which sharp- ened her wits." Cf. Note 235. 249— RB., IX, 461-3: You thought my letters could be none of mine. But now I have the skill, and write, you seel B., 127 : " I sent you word of them on purpose, but you did not believe the letters sent you were in my own hand. I declare that I finished learn- ing how to write in Arezzo." 250- RB., IX, 476-7: "my life. Not an hour's purchase," as the letter runs, — The words are adopted from Pompilia's real letter (B., 127) : " My life was not worth an hour" — (la mia •vita era a hore). 251- RB., Ill, 957: There never reached her eye a word from him; Cf. Pompilia's words (B., 72) : " The said Caponsacchi before the said aifair did not send me any letter, because I do not know how to read manuscript," etc. 252— RB., IX, 538-45: To such permitted motive, then, refer Atl those professions, else were hard explain. Of hope, fear, jealousy, and the rest of love I This excuse for the ardent tone and expression of the love-letters is made by Bottini (B., 146). 253— RB., II, 1135: What if the friend did pen now verse now prose, RB., VI, 1662: This precious piece of verse. There is no verse in the letters as given in the Book, but the letters which were supposed to have been written by Pompilia speak of certain verses, " ottaw" (B., 78, 79, 80), and Bottini speaks of " inhonesta carmina" (B., 145). Cf. also RB., V, 1140, 1365; and VII, 1152. 254— RB., VI, 1585-7: they bore me ofi. They bore her oil, to separate cells o' the same Ignoble prison, and, separate, thence to Rome. The fugitive couple were evidently carried first to a prison in Castelnuovo, from which Pom- pilia's appealing letter to Pietro was written two days later. May 3 (B., 127). But Pompilia's affidavit is dated Rome, May 13 (B., 45). 255— RB., Ill, 1325: The captured parties were conveyed to Rome ; B., 175: "They were conducted as prisoners to the Prisons of the Most Illustrious Governor of 315 Rome." P-, 2"! "They were taken to Rome and placed in the New Prisons." Cf. RB., II, 1060, 1083; IV, ii2i; V, II7S-6; VI, 1587-91. 2S6-RB., Ill, 1389-33: Guldo kept out of sight and safe at home: The Abate, brother Paolo, helped most • ****•• * * * pleaded, Guido'a representative At B., 120, we read : " Guido returned to his own country, leaving the conducting of the affair to the Abate, his brother." And P., an: "Togo back to his own country, leaving the care of his case in the hands ol his brother, the Abate." Cf . RB., II, ia97-i30o; IV, 1303-4. 257-RB., II, 1239-59: The various accounts of the sneers of contempt which Guido had to bear after his return home seem to give a half -savage ironic delight to the Poet. Cf. RB., II, 625-6; III, 1445-62; IV, 1493; V, 1242-77. To these the Pope adds the final comment of matured spiritual wisdom (RB., X, 710-4) : The farnace-coals alike of public scorn. Private remorse, heaped elowine on his head. What if,— the force and guile, the ore's alloy. Eliminate, his baser soul refined — The lost be saved even yet, so as by fire 7 All of these find foundation in the Book (B., ii): "He was pointed out with the finger of scorn, especially in his own country"; and (B., 16) : " he was shut out of the noble company " ; and a fuller account of this is found at B., 17Z. That Abate Paolo came in for his share of scorn may be seen in Note 305. 258- The enumeration and description of the three suits (RB., IV, 1305-27) follows with considerable closeness the account at B., 169. 259-RB., IV, 1305: msnaeed the three suits RB., VIII, 1379: Three pending suits Cf. B., 169: "three lawsuits pending." Cf. also RB., Ill, 1670; IV, 133a; V, 1343, 1442. 260-RB,, IV, 1308-10: First civil suit, — the one the parents brought, Impugning the legitimacy of his wife. Affirming thence the nullity of her rights : Cf. (B., 169): "One as to the legitimacy of the parentage of his wife and the nullification of the dowry agreement." Cf. also B., lo, 50, 11 8, 144,172,194; and RB., II, 600, 726-32; 111,646-51. 26J-RB., Ill, 655: _ " And still six witnesses." B., 172 : " Conclu- sive proof was given by six witnesses." Pietro in his will speaks of them (B., 128) as persons worthy of credit. 262-RB., IV, 13H.4: This was before the Rota,— Molinis, That a judge there, made that notable decree Which partly leaned to Guido, as I said,— But Pietro had appealed against the same T-k (?•' '«9): "Brought by Pietro in the Tribunal of the Sacred Rota." This case was originally tried before Judge A. C. Tommati (B., 10, 27, 118, 17a; and P., 210), but after his deci- sion (cf. following note), which was partly in favor of Guido, the case was transferred on Pietro's appeal (cf. following note) to the Rota " (B., 172). "Nevertheless, an appeal was taken from that sentence and it was committed to the Sacred Rota before Monsignor Molines." Cf. RB., V, 777-8. "Beside the Tribunal of the Sacred Rota, there exists in the Roman Curia another tribunal which is called the Tribunal of the Sig- nature of Justice. It is a High Court, and a tribunal of last instance, or ultimate appeal." Humphrey, Urbs et Orbis, p. 385. 263— RB., II, 742-4: They would not take away the dowry now Wrongfully given at first, nor bar at all Succession 10 the aforesaid usufruct, This decision is described (B., ii8) : "He obtained for Francesca Pompilia a continuance in quasi-possession of her daughtership " ; and B., 172, " continuing to Francesca Pompilia quasi- possession of her parenthood." Cf. also B., 27, 50; P., 2io; and RB., Ill, 670-80; IV, 1313. 264— RB., II, 753: Whence, on the Comparini's part, appeal — B., 118: "But Pietro appealed from the de- cree." Cf. also B., 50, 172; P., 210; and RB., Ill, 68t. 265— RB., II, 755: And so the matter stands, even to this hour, RB., Ill, 688: And so the matter pends, to this same day. B., 172: "Where it still hangs undecided." Cf. also B., 51; P. 210; and RB., IV, 24-8. 266— RB., IV, 1317-8: Next civil suit, — demand on the wife's part Of separation from the husband's bed RB., II, 1287: Pompilia sought divorce from bed and board B., 169: "The second suit was for divorce from bed," etc., and B., 177, " and at instance of the said Francesca before the Vice-Governor of suit for separation from bed," etc. Cf. also B., 51, 100, 114, 154; and RB., Ill, 1427-38; V, 1247, 1319-21. 267— RB., IV, 1320: Claims restitution of the dowry paid, B., 177: "And the recovery of the dowry which had been spent." Cf. RB., Ill, 1436. 268— RB., IV, 1322: "The Vicegerent has to judge." Cf. B., 169 and 177, " before Monsignor the Vice-Governor (Ficegerente)." 269— RB., IV, 1323-5: Third and last suit, — this time, a criminal one, — Guido's complaint of guilt against his wife B., 169 : " The third is a criminal suit as to the pretended adultery, still pending in the tri- bunal of His Excellency, the Governor." This trial, which is so frequently referred to in the Book as the Processus fuga, was the criminal 3i6 case brought against Pompilia and Caponsacchi at Guide's demand, on the charge of running away together and adultery. It covered the time from May 13, 1697, the date of Pompilia's depo- sition (B., 45 ) till September 24, the date of the judgment against Caponsacchi (B., 83). In this case Caponsacchi and Pompilia were prosecuted by the Fisc and defended by the Procurator Pauperum. The evidence and argument of this former case are continually referred to in the Book. Much of the printed evidence of the summaries in the Book, including the affidavits of Pompilia and Caponsacchi, had thus been a part of the adultery trial, for Guide's lawyers do all they can to fix the charge of adultery in the wife, as giving excuse for the murder. Cf. RB., IV, 1313-4. 270— RB., IV, 1326-7: !□ the Tribunal of the Governor, Venturini, also judge of the present cause. B., 169: "In the Tribunal of his Excellency, the Governor," and B., 22 : " in this very tribunal, and by his Honor, Lord Venturini, judge in this present case." Cf. B., 51, 119, 120, 175, 176, 200; and RB., Ill, 1334; V, 1165. 271— RB., V, 1218-22: We, for complicity in Pompilia's flight And deviation, and carnal intercourse With the same, do set aside and relegate The Canon Caponsacchi for three years At Civita Note that this is a close paraphrase of the actual wording of the decree of Court against Caponsacchi (B., xcix and 83). Browning has taken the words " complicity," " deviation," and " carnal " from his original. This punishment of Caponsacchi is continually referred to in both Poem and Book. Cf. B., 10, 22, 51, 57, 106, 131, 168, 175, 185, 195, 200; P., 211; and RB., I, 1038-9; II, 1177-87; III, 1409-13; IV, 1245-9; VI, 1746; IX, 1518-21. 272— RB., Ill, 1409-10: unshent, unshamed. Unpunished as for perpetrating crime. The lightness of the above sentence in view of the seriousness of the crime charged is much dis- cussed in the Book. The prosecutors of Guido continually assert that this was because of lack of proof of the adultery (B., 51, 57, 106, 131, 138, 140, 142, 185; and P., 211). But Spreti (B., 106) claims it was because Caponsacchi was a for- eigner. Cf. RB., V, 1899. 273— RB., VI, 2013: " Probationis ob defectum." (B., 51, 131) : " ob defectum probationis." 274— RB., VI, 2017-22: If the title ran For more than fault imputed and not proved. That was a simple penman's error, W^hen insistence on the above decree was made by Guido's lawyers in attempting to prove adul- tery, the above retort was given by the Fisc (B., 138) and repeated by the second Anonymous Au- thor (B., 180), and denied by Spreti (B., io6). Cf. RB., IX, 1527-38. 275— RB., IX, 1545-55: 1 traverse Rome, feel thirsty, need a draught, Look for a wine-shop^ find it by the bough Projecting as to say Here wine is sold 1" * * * but what sort of wine ? That much must 1 discover by myself. ******* Exactly so. Law haoga her title forth. This figure of speech regarding the wine-bush is borrowed directly from the second Anonymous Vi^riter (B., i8o) : "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 salable and agreeable. Oh! by no means. For one may find the wine there to be sharp and muddy, and of other inferior qualities." 276— RB., IV, 1241-3: For the wife, — let her betake herself, for rest. After her run, to a House of Convertitea — Keep there, aa good as real imprisonment: B., 175, gives US the following account of the manner in which the case against Pompilia ended : "The case was left undecided as regards the wife, who was placed in the nunnery of the Scalette as a prison." (Cf. B., 121, 181; and P., 211.) This was not a punishment, but merely a continuance of the accused in custody. The Con- servatorio di S. Croce della Penitenza alia Longara was an institution for penitent women, founded in 1615 on Via della Longara. It is also called delle Scalette because of two small stair- cases leading to the monastery and adjoining the church. It is sometimes spoken of as del Baon Pastore. (Moroni, Dizionario di erudizione, etc., vol. 17, p. 20.) Browning mistakenly identi- fies the Scalette with the Monastery of St. Mary Magdalene of the Convertltes in the Corso. It was the latter institution which brought suit to win Pompilia's property (Note 364). (Cf. B., 202.) This act of the Court as to Pompilia is also referred to at B., 10, 51, 97, 121, 126, 175, i8i; P., 211 ; and RB., II, 1197-9; HI, l40S-(>, 1491; V, 1223-5, 1917-8; VII, 1649-53; VIII, 1064; IX, 1195-1202; X, 706-7. 277— RB., II, 1198, and IV, 1242: " The Convertites." Browning merely angli- cizes the word Convertita found at B., 126, 202, and elsewhere. 278— RB., II, 1231: " In Via Lungara." This place of Pompilia's detention is spoken of at P., 211, as "the mon- astery of the Scalette on the Lungara." 279— RB., Ill, 1492-4: for Guido's sake Solely, what pride might call imprisonment And quote a something gained, to friends at home,—* This is the explanation of the sentence against Pompilia as given by the second Italian Pam- phleteer (B., 175) : " Giving some satisfaction to the Franceschini brothers in their strong insist- ence than because of the obligations of justice." Cf. RB., VI, 2016. 317 280— RB., IV, 1331-7: For, Paolo, knowine the rieht way at Rome, Had, even while superintending these three suits • • « * « 4> * Ingeniously made interest with the Pope RB., VIII, 1398-1408: That we prayed Pope Majestat* very self Grant there assemble in our own behoof A Coneregation, a particular Court, To hear the several matters in dispute. — Causes blE, little and indifferent. Bred of our marriage Abate Paolo, harassed by the burden of his lawsuits, had evidently tried to use the influence of patrons to help him secure a declaration in his favor (B., 121): "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 (Congregatio) be appointed for all the cases — that is, the ones concerning her daughtership, her flight, her adultery, her dowry, and others grow- ing out of the marriage." For the interpretation of this act by the other side, see B., rys, 178, 183. Cf. RB., Ill, 1331-a, 1469-74, 1671 ; V, 1347-Si. i7Sa-5- 281— RB., VIII, 1425-6: Returned us our petition with the word *'Ad judicei fuof," " Leave him to his Judge !'* The Pope evidently refused to interfere with the action of the courts and replied (B., izi): "The matter rests' with the judges." Cf. B., 175, 183; andRB., V, 1760. 282— RB., Ill, 1495: This naturally was at Guide's charge: There seems to have been some dispute be- tween the Comparini and the Franceschini as to which of the two should pay Pompilia's expenses while thus shut up in the Scalette (B., 51). The expense was finally met from money taken from Caponsacchi at the time of his arrest at Castel- nuovo (B., 135, 176)- 283— RB., Ill, 1500-6: The convent's self makes application bland That, since Pompilia's health is fast 0' the wane. She may have leave to go The Anonymous Author (B., 121) states the matter as follows : " 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." Cf. RB., II, 1325- 38; V, 1327, i47<3-5 ; B., 10, 97, 165, 17S, 181, i8S I and P., 211 ; while B., 51, gives the disagreement as to bearing Pompilia's expenses as the reason. 284— On October 12, 1697, Pompilia, for the reason given in the above note, was transferred to the home of the Comparini, which was to be strictly kept as a prison, under a bond of 300 scudi. (Cf. the decree as given in B., civ.) The fact is continually referred to in Book and Poem. Cf, B., 10, 16, 51, 57, 61, 97, 121, 175, i8i, 184, 185; P., 211 ; and RB., Ill, 1500-14; IV, 1350-1, 1518-9; V, 1328, 1473-6; VII, 318; IX, 1213-26. 285— RB., II, 1323: " After full three long weeks." In thus count- ing the length of the imprisonment of Pompilia, Half Rome evidently counts from September 24, the date of the condemnation of Caponsacchi (B., xcix or 83) which, however, is not necessarily identical with the time of Pompilia's transfer from the prison to the Convent, to October 12, the date of the transfer to the home of the Com- parini (B., 127). But RB., Ill, 1490, speaks of five months in the Convent, based partly on the " alcuni mesi" of B., 131, and partly on the thought that Pompilia had been in the Convent practically since she had been brought to Rome as prisoner early in May. RB., IX, 1227, speaks of six weeks, for which there is no basis. 286— " Domus pro tarcere." This technical desig- nation of the home of the Comparini is found in the decree of transfer (B., 127) and is often re- peated throughout the Book. Cf. RB., II, 1342; III, 1514; VIII, 1264; IX, 1225. On this fact was based one of the aggravating circumstances of the murder ; namely, that in the slaughter of persons under custody the authority of the State was treasonably insulted. Cf. Note 420. 287— RB., Ill, 1509-11: Oh, and shift the care You shift the cost, too; Pietro pays in turn. And lightens Guido of a load I At B., 139, 176; and P., 211, we find that Pietro Comparini now definitely relieved the Franceschini from longer bearing the expense of Pompilia's maintenance, over which the two par- ties had formerly quarreled (B., 51). Cf. C, 22t. 288— RB., Ill, 1519: He authorized the transfer, saw it made This reference to Abate Paolo is repeated at RB., VIII, 1266-7, ^ntl elsewhere in the Book (B., 16, 51. 55. 97. 125, 139. 15a. 157. 165, 176, 181; and P., 211). 289— RB., V, 1329-30: No-parents, when that cheats and plunders you. But parentage again confessed in full. When such confession pricks and plagues you more— RB., II, 1350-4: Theirs who renounced all part and lot in her So long as Guido could be robbed thereby. The Book presents such shuffling with the fact of their parentage at B., 17, 126. 290— RB., Ill, 1520: " Two months after " Pompilia was transferred to the Comparini home, October 12 (Note 285), and gave birth to her child December 18 (Note 299). 291— RB., VIII, 1267-8: did we make such grant. Meaning a lure ? This very point is made by Arcangeli (B., 17) : " Since Guido could make that pretense to gain the opportunity of killing her," etc. Cf. Note 502. 3i8 292-RB., V, 1335-7: Bat a certain villa smothered up in vinef At the town's edge by the gate i* the Pauline Way, Out of eye-reach, out of ear-shot, little and lone. This home of the Comparini, in which Pom- pilia spent the last two months of her life, was probably situated on Strada Paolina in the heart of the City. B., izy, speaks of the Comparini home as on Via Paolina, but the record of the death of Pompilia in the register of San Lo- renzo in Lucina (cf. Note 24) gives her home in Strada Paolina. This is also much more in ac- cord with the exhibition of the corpses in the particular church, the parish Church of San Lorenzo. But Browning uniformly locates the home on the Via Paolina, outside the City walls in the Pauline district. I see no valid artistic reason for such a change; it was probably a misunderstanding of the fact. Cf. R6., I, 604-5 ! II, 206-7, 476, 1361-6; III> 15071 1596; IV, 1369; VII, 218; XI, 1277. 293— RB., II, 1368-9: where perchance Some mufBed Ctponsacchi mi£bt repair. The utterly unsubstantiated charge that Capon- sacchi had clandestinely visited the Comparini home after the decree of banishment against him is first made in the rhetorical question of Arcan- geli (B., 19) : " And I wish I could say that her love a£Fairs with the banished one were not con- tinued." Cf. also B., 55, 122, 181 ; and RB., Ill, 1607-14; V, 1338-41; IX, 1246-60. 294— RB., IV, 1509-17: There was a sentence passed at the same time By Arezzo and confirmed by the Grandufce, — Condemns the wife to the opprobrious doom Of all whom law just lets escape from death. The Stinche, House of Punishment, for life, — The fact of this condemnation of Pompilia in the Tuscan Courts is given in the written tran- script of the report of the trial at Arezzo (B., v-viii). At B., 8: "The second Accused (Pom- pilia) is condemned to the penalty of Stinche for life." Cf. RB., V, 1903-13; VI, 2056-8; XI, 1663-9; XII, 719-23. But the Pope's words re- garding it are perhaps very near to the feeling of the Poet in the matter (RB., X, 834-40) : that strange shameful judgment, that Satire upon a sentence. 295— RB., VI, 2037-8: With Guillichini; he's condemned of course To the galleys, Guillichini, who was made a party to the above Tuscan criminal trial, was likewise con- demned (B., 8) "to the galleys * * * for five years." Cf. Note 146 and RB., XI, 1666-7. 296— RB., XI, 1665: One week before 1 acted on its hint, — RB., VI, 2040: A fortnight since B-i 9> gives the date of this sentence as De- cember 24, 1697. Guido is supposed to have started for Rome immediately thereafter. 297— RB., II, 1282-s: And institute procedure in the courts ******* He claimed * • • divorce There is no evidence that Guido actually brought a divorce suit, although he evidently sought counsel on his right to such divorce, as he stated in RB., V, 1809-12: 1 wished the thing invalid, went to you Only some months since, set you duly forth My wrong and prayed your remedy, that a cheat Should not have force to cheat my whole life long. For at B., 118, we read: "But the Franceschini were able to restrain themselves from due resent- ment in the hope that if Francesca Pompilia were not 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 are found in the many authorities and experts who were requested by the Franceschini to give thought to that point and express their opinion of it. But as these did not agree, the Franceschini were unwilling to commit themselves to so doubtful an undertaking," etc. Cf. B., 120; and RB., Ill, 1480; V, 1247-51, 1295-1301. 298— RB., V, 1308-18: you err V the person and the quality — nowise In the individual,— that's the case in point! Such is the very point made (B., 98) : "As long as he had any hope that he might have the mar- riage annulled because of the 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." 299-RB., II, 1383: Gave birth. Sir, to a child, his son and heir, B., 122 : " During the month of December, Pompilia gave birth to a boy in the home of the Comparini." B., 151, gives December 18 as the date. Cf. also P., 211; and RB., IV, 1352; V, 1436-68; IX, 1309-10. 300— RB., V, 1469: Lawful, — 't is only eight months since your wife Leflyou,^ That is, from April 28 to December 18. Cf. RB., I, 792; VI, 35. 301— RB., V, 1470-1: your babe was born Last Wednesday in the villa, — P., 211, says: "Which was Thursday," re- ferring to January 2d, the date of the murder; but this was just two weeks later. Cf. Note 303. 302— RB., II, 1384: " Caponsacchi's son." Arcangeli makes an im- plication of such a charge (B., 10) : " Would that he had not been conceived in adultery I " Cf. RB., V, 1498, 1530-1; VIII, 370; IX, 1370. It is well to note in this connection that both Pompilia and Bottini suggest immaculate concep- tion, Pompilia at RB., VII, 1762-4, with devout 319 reverence for the story of the Mother of Christ, and the Fisc, RB., IX, 1341-66, suggests it with cynical irony. Cf. Note aa. 303— RB., I, 405: The wife's two-weeka' babe, This oft-repeated age of the child is correct to the day, December ig to January a. Cf. RB., I, 799; III, 31, 1605; VII, 14, 94, 133, 1681, 1686, 1755- 304— RB., Ill, 1540-1: "[ shall have quitted Rome ere you arrive To take the one step left,** — wrote Paolo. Abate Paolo's departure from Rome is spoken of (B., 26, 122; and P., an) ; but (B., 177) we have the definite accusation: "He left Rome to take part in the planning of that notorious murder." Cf.RB., IV, 1356-7; X, 893-4. 305— RB., V, 1366-73: Paul, finally, in such a state of things. After a brief temptation to go jump And join the fishes in the Tiber, drowns Sorrow another and a wise way: Leaves Rome, Notice that this passage is a free, ironic para- phrase of (B., 122) : " 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 posses- sions, his affectionate and powerful patrons," etc. Cf. B., i8a, and the fuller account C, aai, which tells that Abate Paolo lost his post as Secretary of the Knights of Malta in consequence of this disgrace. 306— RB., 11, 1389-90: Why, the overburdened mind Broke down, what was brain became a blaze. This account of the effect which the news of the birth of the child had upon Guido was evi- dently suggested by the magniloquent account of the Anonymous Author (B., laa) and repeated ironically by Browning, VIII, 601-11. Cf. B., ii : "Anger so impelled the luckless man to fury, and his indignation so drove him to desperation." Cf. also RB., IV, 1521-4; V, 1483, 1661-4. 307— RB., Ill, 1546-69: Bj' an heir's birth he was assured at once the main prize, all the money in dispute: This more sinister view of the effect of the news of the birth of the child upon the father is definitely asserted by Bottini (B., clxxxiv or 151) § Dilatio pariter. Cf. RB., IV, 1104-6 ; X, 753-74. 308— RB., IV, 1354: First comes this thunderclap of a surprise: Possibly suggested by " Aitonito allora il Franceschini" (P., an). 309-RB., V, 1478: And he's already hidden away and safe B., 129, speaks of the child having been hidden away with a nurse. Cf. also B., 19, aoi, ao3 ; C, 222 J and RB., VII, 4a, 48-9, 305-7. 310— RB., II, 1391-3: (that first news Fell on the Count amone his vines, it seems, Doing bis farm work,) — why, he summoned steward. Possibly suggested by (B., 107) : " While we were staying at the said vineyard," or (B., 108) : " In presence of the keeper of the vineyard " {vignarolo) . 311— RB., XI, 1888-9: Look at those four young precious olive-plants Reared at Vittiano, — B., 107: "The Santi above named was a laborer of mine at my Villa of Vittiano." This is the only point at which the name of the villa is given, though there is mention of the villa in the forged love-letters. Browning uses the name repeatedly (RB., Ill, 311, 1575; IV, 1360; V, 364, 1550-1; VI, 519, 591). That the negotia- tions between Guido and his hirelings took place at this villa is indicated by their sworn testi- mony (B., 107). The supposed reply^ of these laborers given by the Poet (RB., V, 1556-60) was evidently suggested by the words at B., 107. A fuller account of the hiring of these assassins is given in the Casanatense pamphlet (C, aaa). 312-RB., II, 1394: " Four hard hands." The names and homes of these four assassins are given at B., xxv, and again at B., Ixii. Cf. RB., X, 777-8. 313— RB., V, 1566: Took whatsoever weapon came to hand. Probably meant as Guide's justification for the fact that he was bearing illegitimate arms. Cf. Note 413. 314— RB., V, 1567-g: And out we flung and on we ran or reeled Romeward. I have no memory of our way, Possibly suggested by (B., x or 11): " ohca- cata mente iter arripuit." 315— Biagio Agostinelli, who had no hand in the killing, but only stood guard at the outer door (B., 187, and P., aia), was exempted from the re-examination under the torture of the vigil (B., 105, 114). A fragment of his testimony is given (B., 108). 316— RB., IV, 1361: Comes to terms with four peasants young and bold, Some discussion is given in the Book to the question whether Guido had the right to hire assassins (B., 15, 26, 33). Browning has the Pope lay far more stress on this phase of the matter in his strong condemnatory words (RB., X, 931-63). Something of these negotiations are given by Guido and his associates in their testi- mony (B., 107-8). Cf. C, aaa; also RB., IV, 1557; VIII, 1500-8. 317— RB., Ill, 1582-3: And so arrived all five of them, at Rome On Christmas-Eve, P., 211 : "On Christmas-eve reached Rome.*' The Poet repeats this fact with various interpreta- 320 tions at RB., IV, 1363; V, 1581-1610; VIII, 365- 381, 1071 ; and closes with the Pope's protests against the desecration of the sacred season (RB., X, 788-90). 318— RB., Ill, 1584-s: Installed i' the vacancy and solitude Left them by Paolo, P., 211 : "He stopped at Ponte Milvio, where there was a villa of his brother, and there he remained in hiding with his followers until a time opportune for the execution of his designs should come." Browning refers to this delay of nine days at RB., IV, 1364-6; V, 1588-1610; VIII, 1073-90. The last is the sophistical inter- pretation of Arcangeli; but the second, which presents the cunning self-justification of Guide, is even more interesting. 319— RB., Ill, 1593-3: " But, two, proceeded the same bell." The fact that the murder was committed on January zd, is mentioned (B., 11, 50, 151; and P., zii). Cf. RB., I, 606, 795. 320— RB., IV, 1371: " Tis one i' the evening.'' Browning here takes not merely the fact but the form of expression, an Italianism, from the Book (B., Ixii), " hora prima noctis," and P., 211 : " un' hora circa di notte." 321— RB., V, 1628-33: I knocked, pfonounced The name, • * * Caponsacchi This fact that Guido used the name of Capon- sacchi and pretended he brought a letter from the Canon is often repeated and interpreted in the Book (B., 11, 19, 51, 99, 122, 153, 165, and P., 212). C, 222, gives a fuller account of this incident. Browning repeats the fact many times in the Poem, with various interesting comments by the speakers (RB., I, 395-8, 619-24; II, 1406- 31; III, 1597-9; IV, 1371-2; VII, 59-60, 219). But most interesting of all is Pompilia's word, VII, 1808-14: It was the name of him I sprang to meet When came the knock, the summons and the end. Browning spurns all apology for what might seem compromising; in fact he is too proudly confident of the purity of Pompilia, we might say defiantly confident. 322— RB., II, 1435: And wiped its filthy four walls free at last Possibly suggested by the rhetorical flourish of the Anonymous Writer (B., 123). To this there is a contemptuous retort (B., i8i). 323— RB., Ill, 1620-1: "Come in," bade poor Violante, • * ♦ * * * that death was the first, P., _ 212 : " He leaped upon Violante Com- parini, who had opened it, and struck her dead to the ground." Cf. B., lo, 51, 99, 153; C, 222; and RB., IV, 1373-4, 1576; V, 1649-60. 324— RB., Ill, 1622-3: Pictro * * • Set up a cry— "Let me confess myself I" P., 212: "Comparini • * • who • • * cried 'confession.'" Cf. RB., IV, 1377-9; XI, 471-4; and C, 222. 325— RB., IV, 1382: Pompilia rnshei here and there P., 212: "Pompilia • • * extinguished the light, hoping thus to escape the assassins, and ran to the neighboring 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," etc. Cf. also B., 51. 326— RB., VII, 38: " Twenty-two dagger-wounds." P., 212: "She was barbarously slain with twenty-two wounds." C, 222, gives further details of the murder. 327— RB., IV, 1385: He lifts her by the long dishevelled hair, B., 182: "Taken her by the tresses and lift- ing her from the ground." Cf. C, 222. 328— RB., IV, 1390: "On dead Pietro's knees," B., lix: "testa su le gamhe," and P., 212: "trasse at piedi di Com- parini." Cf. line 1437. 329— RB., IV, 1435-6: She bore the stabbing * * * Without a useless cry, RB., IX, 1421: She, while he stabbed her, simulated death, These are based on (B., 182): "Poor wife knew by natural instinct how to feign it by her relaxation." Cf. C, 222. 330— RB., IV, 1391: "Let us away, my boys!" P., 2i2: "Let us lose no time, but return to the vineyard." 331— RB., Ill, 1627: The noise o* the slaughter roused the neighbourhood. P., 212: "When the uproar of this horrible slaughter was heard abroad people ran thither." Cf. RB., IV, 1393-4; and C, 222. 332— RB., II, 27: But she took all her ttabbings in the face, P., 213, says this of Pompilia, not of Violante: " were so disfigured, and especially the wife of Franceschini by wounds in the face, that they were no longer recognizable." Cf. RB., II, 615-6. 333— RB., IV, I39S-6: Soon followed the Public Force, pursuit began Though Guido had the start and chose the road: P., 212 : " When the posse (Forza) arrived at the vineyard he found that they were no longer there, but about an hour ago they had left in the direction of the highway." Cf. B., 51. 334— RB., XI, 1623-4: " But, drunk, redundantly triumphant." Pos- sibly suggested by (B., 11) : " His dull and un- foreseeing mind suggested no way to find a place of safety." Cf. also B., 123 ; and RB., V, 1715-9- 335— RB., XI, 1633: " Therefore, want horses in a hurry." Possibly suggested by (P., 212): "Franceschini had de- manded horses with threat of violence^" J2I 336— RB., XI, 1641: " I want hat on head." P., 313: "In his haste Franceschini • * * left his cap." 337— RB., Ill, 1628-30: They had forgotten just the one thins more * * * the ticket, to-wit Which puts post-horses at a traveller's use: P., 212 : "Which (horses) were denied him, because he lacked the necessary order." Cf. B., 123; and RB., V, 1723-s; XI, 1645; and espe- cially the interesting interpretation by the Pope (RB., X, 821-9), who sees in it the hand of God checking Guido in full career of sin. 338— RB., X, 861-3: Thy comrades each and all were of one mind. Thy murder done, to straightway murder thee In turn, because of promised pay withheld. P., 213: "They also revealed that they had planned to kill Franceschini himself afterwards, • * * because he had not kept his word to pay them as soon as they left Rome." The Poet sees here, with the eyes of the good old Pope (RB., X, 855-68), that it was God's outstretched hand that had saved Guido from a swift and unre- penting death. Compare with this the sophistical excuse for the fact (RB., VIII, 1589-1601) and Guide's vengeful hatred as aroused by this (RB., XI, 1739-53)- 339— RB., Ill, 1631-4: 80, all on foot * • • • * * eained Baccano very near, P., 212: "Hence he had traveled afoot with his companions toward Baccano." C, 222, fur- ther states that Guido had desired to part from his fellows, but they would not permit him to do so. Cf. RB., X, 846-7. 340— RB., iV, 1397-8 : So, that same night was he, with the other four. Overtaken near Baccano, B., 51: "That same night, they were discov- ered in the tavern at Merluccia." Cf . P., 212 ; C, 223; and RB., V, 1670. 341— RB., V, 1674: On a cloak i' the straw which promised shelter first, B., 11: "Resting on a pallet (jfrfl^u/o)." Cf. RB., Ill, 1635-6; IV, 1399-1403; X, 849; and C, 223. 342— RB., V, 1675: "With the bloody arms beside me." B., 51: "With fire-arms and swords still bloody," and P., 212: " On them were found, still stained with blood, those daggers with which they had done the murder." Cf. RB., II, 1438; III, 1638; IV, 1402. 343— RB., V, 1874: "Foiind them in flagrant fault." The expres- sion "in fiagranti" or "in flagranti delicto" is used several times in the Book (B., xii, etc.). Cf. RB., II, 385. 344— RB., IV, 1416-24: Says Guido, " By your leave, I fain would ask How you found out 'twas 1 who did the deed?" • ««*)(:!(:« "Why, naturally your wife!" Down Guido drops 0' the horse he rode, — they have to steady and stay. At either side the brute that bore him, 21 Evidently suggested by (P., 212) : " It is told that Franceschini, while making the journey, asked * * * how in the world the crime had been discovered; and when he was answered that his wife, whom they had found still living, had re- vealed it, he was so astounded by it that he was, as it were, deprived of his senses." 345— RB., II, 1464-s: Laid by the heels i' the New Prison, I hear. To bide their trial. Browning refers to the New Prison as the place of Guido's incarceration (RB., I, 1284; V, 325, 332; XII, 139), though he has no definite authority for this in his source-material. He is confirmed, however, by C, 223. But the Book does speak of the fact that Pompilia and Caponsacchi had been imprisoned there. (Cf. Note 255.) 346— RB., IV, 1405-10: The only one * *■ * that suffered aught ♦ * ♦ :(: # ♦ ♦ Was * * ■* Patrizj, This characteristic sneer of Tertium Quid is based on (P., 212): "This arrest indeed cost the life of Patrizi, because having been over- heated, and wounded with a slight scratch, he died in a few days." 347— RB., II, 1439: Haled hither and imprisoned yesternight Guido and his accomplices were brought back to Rome the evening of January 3, reaching the Prison at 5 p. m. (P., 212). 348— RB., Ill, 1641: The wife lives yet by miracle. Probably suggested by the words of the second Anonymous Writer (B., 182) : " A special favor from the hand of the very Omnipotent, who caused the wife to survive for a few days," etc. Cf. B., 51; and RB., I, 1079; III, 7; IV, 1439. 349— RB., Ill, 9-10: She prayed Madonna just that she might live So long as to confess and be absolved ; Founded on (P., 212) : " 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 favor of confession and obtained her prayer." Cf. RB., IV, 1425-32. 350— RB., I, 1078-9: •'* * * four-days'- dying; for she lived Thus long," Pompilia died on January 6, 1698. This is the supposed date of her monologue, which is spoken during her dying hours. Cf. B., 47; and P., 213. 351— RB., I, 1085: In the good house that helps the poor to die,— Browning mistakenly assumes that Pompilia was taken to the Convent of Santa Maria Mag- dalena of the Convertites in the Corso after the assassination, and there died. This is probably due to his supposition that a woman of evil life must be under their authority at the time of her death for them to enter such 322 claim. Such was not the case. (Cf. Note 364.) In RB., Ill, 37, Other Half Rome gives St. Anna's as the place of her death, possibly suggested by the fact that Fra Celestino is spoken of (B., 47) in that way. The entry of her death in the parish register of San Lorenzo in Lucina (Note 24) proves that she died in her own home. Hence the hospital bed and hospital cell of Book III are a violation of historic fact, undoubtedly for considerable artistic gain. The death record (p. 280) runs as follows: " La Signora Francesca Pompilia Comparini Romana in eth. di anni dicisette e mezzo figlia dell quondam Signor Pietro Comparini Romano Moglie dell Signor Guido Franceschini di Arezzo di Toscana mori nella Comunione della Santa Madre Chiesa nella Casa dove abitava alia strada paolina riceve tutti li Santissimi Sacra- menti e fu seppellita in questa nostra Chiesa." 352— RB., I, 1087-90: For friend and lorer, — leech and man of law Do aerrice; busy helpful miniatranta Aa varied in their calling as their mind. Temper and aee: Referring to the several persons, priests, apoth- ecary, etc., who testify as to her dying hours (B., 45-8). Cf. B., 136, 182. 353— RB., Ill, 45-7: a soul To ahrive; 'twas Brother Celestine'a own rieht. The same who noises thus her eifts abroad. This refers to the important affidavit of Fra Celestino " the Augustinian Brother " (RB., Ill, 18-9), which is given (B., 45-6, 47). It was made January 10, 1698, evidently at the request of Pompilia's executor, Tighetti (B., 109, 136). The old Priest speaks with evident emotion and conviction and there can be no doubt of the fact that he was profoundly impressed by the saintli- ness of the dying girl. The affidavit is the sub- ject of repeated dispute between the lawyers (B., 45, 64, 109, 200). Cf. RB., Ill, 799-803 ; VI, 2060. 354— RB., VI, 2061-3: he confessed, he sars, Many a dying person, never one So sweet and true and pure and beautiful. Suggested by the word of Abate Liberato Bar- berito_ (B., 48): "1 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 ob- served the dying with like sentiments." 355— RB., IV, 1446-9: 80, when they add that her confession runs She was of wifehood one white innocence In thought, word, act, from &rst of her short life To last of it; RB., IX, 1437-8: Admitted not one peccadillo here. Pretended to perfection, B., 47: "She always responded that she had never committed any offense against her husband, but had always lived with all chastity and modesty." Cf. B., 63, 136, 182. 356 — ^RB., IV, 1449-50-52: praying, i* the face of death. That God forgive her other sins— not this. Evidently suggested by (B., 47) : " She said that God should not pardon her for that sin, be- cause she had never committed it." Cf. B., 64, 136. 357— RB., IV, 1453-4: So much good. Patience beneath enormity of ill. Suggested by (B., 45, 46) : " 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," etc. 358— RB., IV, 1455: " I hear to my confusion." B., 45 : " To my own confusion I have discovered and marveled at an innocent and saintly conscience." 359— RB., XI, 1729: Forgiving me (her monks begin to weep) B., 45 : " May Jesus pardon him, as I have already done with all my heart." And B., 47: " May God pardon him in heaven as I pardon him on earth." Cf. RB., Ill, 33, 8n ; VII, 1707- 9 ; B., 65 ; and C, 223. 360— RB., IX, 1466-73: 'Twaa charity, in her so circumstanced. To apend the last breath in one effort more For universal good of friend and foe : Re-integrate — not solely her own fame, But do the like kind office for the priest Whom telling the crude truth about might vex, RB., IV, 1465: First sets her lover free, Arcangeli (B., 95) puts this very interpreta- tion on the dying words of Pompilia: " For this kind of exculpation, which is all too much a matter of pretense, might help her companion, just as heretofore she had brought blame upon him." 361— RB., IV, 1470-1 : thus she dies revenged to the uttermost On Guido, This very charge is made by Arcangeli (B., 95): "And what is more horrible, that, from the said exculpation, her murderer might be the more severely punished." To this Bottini replies (B., 138): "Nor does the assertion of Pompilia when dying tend principally toward vengeance." Cf. RB., IX, 1476-91. 362— RB., IV, 1478: Confession of the moribund is true! Such is the claim of the lawyers for the Fisc (B., 55, 64, 136, 182), and this is refuted by Guido's defenders (B., 95, 109). 363— RB., IX, 1462-4: Kam in artlculo mortis^ * • • Nemo pretumitur reus esse * • * This exact quotation is not found in the Book, and it was possibly drawn from some other old 323 authority to which the Poet had made reference in the case. B., Ixxvi or 63-4, is perhaps nearest to it: " assertio in articulo mortis emissa omnem fidem meretur, cum nemo tunc mentiri praesumitur," 364— Within a month after the death of Pompilia the Monastery of the Convertites laid claim to her whole property. The Monastery of Sta. Maria Maddalena delle Convertite al Corso was founded by Leo X in 1520 pro mulieribus ab in- honesta vita ad honestam se convertentibus (Bull, May 19, 1520) with the privilege of receiving the property left by bad women who died in Rome, except when these women had legitimate children or had left one-fifth of their property by will to the said Monastery. It ceased to exist as such about the end of the i8th century. (Moroni, Dizionario di erudizione, Vol. I, p. 136.) There is therefore no reason for assuming, as Browning does, that these nuns had ministered to Pompilia during her dying hours, and had then turned against her for the sake of securing her property. (Cf. Notes 276, 351.) Lamparelli's argument, pamphlet 17, and the final decree, pam- phlet 18, are from this trial. Browning makes both the Pope and Bottini give versions of this (RB., X, 1499-1524; and XII, 672-701). This trial is mentioned (B., 109, 122, 137). 365— RB., IV, 12-4: Now for the trial • * * to test The truth, weigh husband and weigh wife alike rthescalesof law. That is the trial of Guido and his companions on charge of murder (Note 8). This trial evi- dently began soon after the murder, as the open- ing speeches on both sides refer to the " current month of January" (B., 11, 50). Cf. RB., VIII, 22. The last Summary, pamphlet 11, includes an affidavit (B., 127) dated February 9. The clos- ing argument of Bottini, pamphlet 13, makes ref- erence to this Summary. This argument and the closing argument for the defense, pamphlet 16, therefore fall between February 9 and the final date of decision, February 18. This gives foun- dation for Browning's saying the length of the trial was a month. Cf. RB., I, 241, 819 ; IX, 132 ; XII, 425. 366— RB., I, 120: "Ronana Homicidiorum." These words are found on the back of the Book, on the title-page, in the separate file label on the back cover of each of the pamphlets, and as titles for the argu- ments. The ellipsis is " causa," though in the pamphlet-titles it may be " informatio," the name used in the arguments in referring to former arguments. The Poet (RB., I, I2i) translates it as "Roman murder-case." 367— RB., I, 165: Twas the so-styled Fisc began. Possibly Browning was led astray here by the English practice, the Common Law. In this case, which as a matter of course follows the Civil Law, the Roman practice is followed, and Arcangeli opens the case with the first pamphlet of the Book for the Defense. 368— RB., I, 165: , "The Fisc, the Public Prosecutor." The cases against criminals in the Papal courts of criminal procedure were conducted by the advocates and procurators of the Fiscus, or Treasury (the State in English Law). The Poet continually names Bottini by this clipped form of his title, Advocatus Fisci. The full title is given in the heading to Book IX, Fisci et Reverenda Camera Apostoli- cte Advocatus, and as such, with due abbrevia- tions, he signs his arguments (B., 67, 158, i66). 369— RB., VIII, 246: Having the luck o* the last word, the reply ] The last word in fact seems to have been given by Spreti in pamphlet 16. 370— RB., VIII, 275: There's my aubordinate, young Spreti, Spreti as Admocatus was really the official equal of Arcangeli, who was Procurator. The following passage makes plain their respective functions : " There is a difference between the advocate and the procurator. 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 con- clusions. Hence it is that the office of advocate in the Roman courts is sometimes exercised by ecclesiastics in laic orders." Humphrey, " Urbs et Orbis," p. 428. 371— RB., VIII, 276: " He'll pant away at proof." Evidently sug- gested by Spreti's second and most important ar- gument, pamphlet 9, which presents an exhaustive discussion of the proof or fact in the case. 372— RB., VIII, 128: "Pro Guidone et Sociis.'' A phrase found in the various file-titles of the arguments for the Defense (B., xxiv; xl; cxxiv; cxl). 373— RB., I, 1053: " Who, eight months earlier." That is dur- ing the Processus fuga, which had been begun the preceding May. 374— RB., I, 177: the so-styled Patron of the Poor, RB., VIII, 1528-9: Pauperum Procurator is my style: I stand forth as the poor man's advocate: Browning's translation of the official title of Arcangeli, Procurator Pauperum, with which he always accompanies his signature. Cf. his full name and title at the beginning of Book VIII and his name VIII, 114, with his__signatures to the arguments (B., xxii; xlvii; cxxiii). 324 375— RB., I, 1128: " Don Giacinto of the Arcangeli." This is the Italian form of Arcangeli's name, and as such he signs himself in the letter (B., 190). The Poet invents the eight-year-old " curly-pate " and names him for the father, who plays with almost exhaustless variation on the child's name — Cino, Cintino, Cinerello, while the Latin form of the name Hyacinthus is used (RB., VIII, 1801). 376— RB., I, 179: "Too poor to fee a better." Here again the Poet is thinking of the procedure of English courts, where the judge appoints counsel for the Accused when the latter is " too poor to fee a better." But in trial by Civil Law procedure is somewhat different. The State (B., 114), by its officers, conducts not merely the Prosecution, but the Defense as well — it being the theory that it is as much the State's obligation to defend as to accuse those before its bar. Nevertheless Pelle- grini speaks of this matter as follows: "This privilege of defense demands that a defender be assigned to the accused, even against his will and when he claims to be quite capable of his own defense. For to a poor defendant an advocate should be deputed at the expense of the court ; and to a rich one, or a skilled one in the law, an advo- cate should be appointed, but at his own expense." {De Judiciis Ecclesioiticis, Lib. II, Vol. 4, p. 320) . 377— RB., I, 199: Thus did the two join issue — nay, the four. There was an advocate and procurator on each side of the case. The Defense in this case is almost equally shared by the two officers, but the Prosecution is largely in the hands of Bottini. Cf. RB., IV, 44-7. 378— RB., I, 213: Beside, the precedents, the authorities! Very naturally in these arguments, the citation of law and precedent is very extensive, and this excites the Poet's ironic comment. 379— RB., I, 222: Solon and his Athenians ? RB., VIII, 570-1 : The Athenian Code, Solon's, One of the earliest citations in the Book is (B., x) legibus Atheniensium, et Solonis. 380— RB., I, 226-8: Cornelia de Sicariii hurried to help Pompeia de ParrUidiis; Julia de Soniethin2.ot-other jostled Lex this-and-that; The lex Cornelia de Sicariis, the lex Pompeia de Parricidiii, and the lex Julia de Adulteriis are repeatedly cited in the Book. Cf. RB., VIII, 574. 381— RB., VIII, S72-3: The Laws o( the Twelve Tables, that SItcenth,— Romulus" RB., I, 222-3: Quote the code Of Homolus and Rome ! These citations immediately follow the above (B., x) : " in illo rudi saeculo Romuli leg. 75." and " in legibus 12 Tabul." There seems to be a mispunctuation at the end of RB., VIII, 572. 382— RB., I, 224: " Baldo, Bartolo." Both are cited frequently in the Book. 383^RB., I, 229: "Apostle Paul." Paul is cited (B., 15 and 113). The latter citation is quoted in full. (RB., VIII, 673-9). Cf. Note 483. 384— RB., I, 231: That pregnant instance of Theodoric, Given at B., 23, 113. Cf. RB., VIII, 482-7. 385— RB., I, 232-6: " That choice example ^lian gives." Given at B., »2o. Cf. RB., VIII, 512-21. 386— RB., VIII, 328: Our Farinacci, my Gamaliel erst. This famous Italian Jurist is repeatedly cited in the Book. It is evident that one of these citations (B., 28) was followed up by the Poet, as he quotes from Farinacci at this point in his description of the torture of the vigil. Cf. notes following and Note 526. 387— RB., VIII, 333-4: Lasting, as it may do, from some seven hours To ten ; Farinacci says: " detinetur per quinque aut per decern horas quandoque etiam paulo plus." 388— RB., VIII, 338-43: "Out of each hundred cases, by Farinacci my count. Never I knew of patients beyond *" centum homintbui qui fQ^f noe tormenlum paiti Withstand its taste, or less than '""'• """"'«'«' Q^atuor ninety-six '*"' quinqu* fu0Hni End by succamblne: only martyrs four, martyres, nliqui vtro confeii»rei. Ninety-six full confessors," 389— RB., VIII, 346: Death on the spot is no rare consequence: Farinacci, " et plures ob id mortui fuerunt in ipso tormento." 390-RB., VIII, 349-353: The accomplice called Baldeschi: they were rough, Dosed him with torture as you drench a horse, So, two successive days he fainted dead, And only on the third essay, gave up, P., 213 : " Baldeschi made denial, even though the * cord' was administered to him twice, under which he swooned. Finally he confessed." 391— RB., VIII, 498-9: Scaliger, (The young sage,— see his book of Table-tallc) The Poet did not find this in the Book, but in the explanation of the expression, casta apes in the Scaligerana of Joseph Just Scaliger: " Les abetltes sentent si un homme a couche avec sa femme, indubitablement le lendemain s'il ap- proche il est picqui." 392— RB., VIII, 502-3: I mind a passage much confirmative r the Idyllist There is no such quotation in the Book, nor is there any such passage in the Idyllists. The 325 Poet in his humorous presentation of Arcangeli makes him confuse his reference. 393— RB., VIII, 666: " Honor em meum nemini dabo," This pseudo- saying of Christ is found (B., cli or 124). Browning evidently did not know of any source beyond the Book, as he makes the Pope question its authenticity (RB., X, 1986-7). Cf. also RB., V, 1704-5. 394— RB., VIII, 680: Saint Ambrose makes a comment with much fruit. This citation, which the Poet in his waggish humor causes Arcangeli to forget, is given (B., 113) : "For who does not consider an injury to the body or the loss of patrimony less than in- jury to the spirit or loss of reputation? " 395— RB., VIII, 8ii-2i: " Sicily's Decisions sixty-first." This citation is given (B., xxviii or 24) : " Muia dec. Sicilia 61" — "the husband was condemned to the galleys for seven years. For he had his wife summoned outside the city walls by his son and there had killed her ; and afterward her body was found to have been devoured by dogs." Cf. B., in, for the name Leonardus. 396— RB., VIII, 824-30: The "fructuous sample" of the Dutch Jurist Matthaeus is given by Spreti as follows (B., in) : " It was decided that the husband had proceeded too treacherously in pretending absence, in taking his brother with him, and in killing with pro- hibited arms." 397— RB., VIII, 1228-47: The case from Caesar Panimolle, not Panicol- lus as Browning has it, is found (B., 24) : " Cer- tain 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 con- cerned * * * although some * * * were con- demned to the oars because of certain mutilations * * * because those who do such things are con- sidered enemies of nature." 398— RB., VIII, 1541-57: This citation is found (B., 29): "And Cas- trensis holds * * * that when one is permitted under the statute to take vengeance upon a per- son who has given him ofifense, he is also per- mitted to assemble his friends to afford him aid; * * * a husband who had assembled men to beat one who had wished to shame the modesty of his wife * * * ordered his wife to pretend to give ear, and when the intriguer had come, murder was committed." 399— RB., VIII, 425: _ " Honoris causa." This claim is made con- tinually in the Book and is practically the sole defense of Guido. Cf. RB., II, 29; VIII, 1477; and C, 233. 400— RB., VIII, 699-722: _ This ironic line of argument from Arcangeli's lips is doubtless suggested by what the real Arcangeli has said without any such irony (B., 13) : "In ancient times, while the lex Julia was in force, wives who polluted their marriage bed underwent the death penalty. * * * Likewise it was so ordained in the Holy Scriptures, for adulterous wives were stoned to death. » * * The solace drawn from public vengeance quieted the anger and destroyed the infamy. But now, in our days, there is a deplorable frequency of crime everywhere, as the rigor of the Sacred Law has become obsolete. * * * The husband's condi- tion would indeed be most unfortunate if either he must live perpetually in infamy or must expiate her destruction * * * by the death penalty." 401— RB., VIII, 859: But why the innocent old couple slay. Just this turn is given to the argument from time to time (B., 17, 55, 98, 152, 181). 402— RB., V, 2003: Absolve, then, me, law's mere executant! Possibly suggested by (B., 23) : "Since for a husband to use the sword for the love of his honor is not to overthrow the laws, but to estab- lish them." 403— RB., VIII, 983-95: We grant you should have killed your wife, But killed o' the moment, Bottini (B., 160) says: "I acknowledge that the Accused should be considered worthy of some excuse if he had slain his wife in the act of taking her in flight with the pretended lover. * * * The suspicion of a just grievance * * * excuses the husband * * * whenever he takes vengeance immediately." Cf. B., 119; RB., II, 1488-1503; V, 1068-70, 1878. 404— RB., VIII, 999-1003: For, wound * * * My body, and the smart soon mends and ends: While, wound my soul where honour sits and rules, Longer the sufferance, stronger grows the pain Being ex ineontinenti, fresh as first. Exactly this point is made by Arcangeli (B., XV, § Ultra quod). Cf. RB., IV, 1528-42. 405— RB., VIII, 1003: " Ex ineontinenti." Should be " ineontinenti " as contrasted with the phrase ex intervallo. Both phrases are used continually in the Book. 406— RB., VIII, 1043-53: This very point of law is made by Arcangeli (B., XV, § PrtEterea). 407— RB., VIII, 1056-70: This point of law is taken with some inter- mingling of irony from B., 16. 408— RB., I, 169: With five . . . what we call qualities of bad. These aggravating circumstances of the murder are much discussed by the lawyers, and the Poet has made them a feature of Arcangeli's mono- logue (RB., VIII, H08-1381), where he follows the order and discussion of Gambi (B., 53-55). The word " quality " is a mere anglicizing of the frequently repeated " qualitas " of the Book. 326 409— RB., VIII, 1119-25: first aEeraTation * * * A regular assemblage of armed men, Coaduttatio armatorum, * * * Unluckily it was the very judge B., 53: "The first of these is the assembling of armed men; for according to decrees the Governor of this city," etc. Cf. B., 15, 26, 35, 100, III, 155, 162. 410— RB., VIII, 1126: " Four men armed." Cf. B., S3, " even if those assembled are but four," Cf. B., 162. 411— RB., VIII, 1130-g: This shrewd subterfuge is employed by the real Arcangeli (B., loi) and is refuted by Bottini in turn (B., 155). 412— RB., VIII, 1146-52: Suppose a man Having in view commission of a theft, Climbs the town.wall: 'tis for the theft he hangs, « * « * 4: * « Law remits whipping, due to who clomb wall This is only a humorous adaptation of the point made by the real Arcangeli (B., loi) : " 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 — even then only a single penalty, namely that for theft, is inflicted as the one chiefly in mind." 413— RB., VIII, 1157-64: Next aggravation,— that the arms themselves Were specially of such forbidden sort ******* Delatio armorum, * * * Contra farmam eontlitutionij, of Pope Alexander's blessed memory. B., 53 : " The second quality and circumstance is the carrying of arms contrary to the specifi- cation of the Constitution of Alexander VIII." This aggravating circumstance — the use of wan- tonly cruel arms — is also discussed (B., 31^ 36, 67, loi, 124, 156. 163)- 414— RB., VIII, 1170: Such being the Genoese blade with hoolted edge RB., II, 147-8: Triangular i' the blade, a Genoese, Armed with those little hook-teeth on the edge Evidently based on (P., 212) : " Franceschini's dagger was of a Genoese pattern, triangular, and with certain hooks made in such 1 way that, in wounding, they could not be drawn from the wound without such laceration as to render the wound incurable." Cf. B., 102, and the Pope's indignant denunciation of it, RB., X, 743. 415— RB., VIII, 1176-7: Then, if killed, what matter how ? By stick or stone, by sword or dagger, Arcangeli says (B., 102) : " It would have been the very same if they had been slain with the longest of swords, or with sticks, or with stones." 416— RB., VIII, 1190-a: Through lack of arms to fight the foe: We had no arms * * * An unimportant sword and blunderbuss. This point is made by Arcangeli (B., 96), but there the blunderbuss (archibusiata), according to Guido's statement, was in the hands of Capon- sacchi. Cf. B., 53. 417— RB., VIII, 1250-6: Third aggravation * * • «**•«** * * * murdered in their dwelling-place. In domo ac babitatione fraprla^ This third aggravation, breaking in upon the sacred j^ecincts of a home with murderous intent, is much discussed. Cf. B., 54, 66, 165. 41S— RB., VIII, 1315, 1318, 1320: Fourth aggravation * * * ******* Mutatione vettium * * * homitidium ex iniidlil This aggravating circumstance is urged only at B., Ixvi or 54: "cum mutatione vestimen- torum, quo casu homicidium dicitur commissum ex insidiis." 419— RB., VIII, 1339-40: Fifth aggravation, * * * Sub pouitatt Judicit, * * * The lawyers evidently considered this circum- stance as of great importance. Pompilia was still a prisoner, and therefore in the custody of the State, which was violated by the murder (B., 54, 98, III, 112, 157, 165). 420— RB., VIII, 1373-6: Cannot we lump this with the sixth and last Of the aggravations — that the Majesty O* the Sovereign had received a wound ? to-wit, Laeia Majeitai, This is not treated by the lawyers as a sepa- rate aggravation but three of these attendant crimes — namely, the assembling of armed men, the murder of a prisoner, and murder in anger over a lawsuit, are all of them spoken of as Liesa Majestas, or criminal insult to the majesty of the law, or of the authority of the Prince. See especially B., 164. Cf. also B., 54, 66, 135, 154, 165. 421— RB., VIII, 1378: " In odium litis." To use violence because of anger oyer a lawsuit was in itself a capital crime, and Guido is charged with this motive in the death of Pietro. Cf. B., 27, 66, 100, 113, 133, 153, 164. 422— RB., VIII, 1521-2: Reminds me 1 must put in a special word For the poor humble following. The plea for the fellow criminals is added to several of the arguments, and the third pamphlet is entirely devoted to their case. 423— RB., VIII, 1578-83: Of the other points that favour, leave some lew For Spreti ; such as the delinquents' youth. ******* Two may plead exemption * • • Being foreigners. These points of law, though slightly touched upon by Arcangeli (B., 103), are fully discussed by Spreti in each of his three arguments (B., 31, 114, 187). 327 424— RB., VIII, 1580-1 : One of them falls Bhort^ by tome monthB, of age Fit to be manaeed by the sallows ; RB., X, 964: And none of them exceeds the twentieth year. Minority is claimed for Dometiico and Fran- cesco (B., 187), but this evidently means less than 2$. Francesco's age is given (B., 187) as 24. According to P., 213, the others were zz. Cf. RB., X, ao8o-i. 425— RB., IX, 1406: 1 leave my proper function of attack I Bottini answers somewhat tartly (at B., 135) this very complaint on the part of Spreti. 426— RB., IX, 569: So would he bring a slur on Judith^s self. Just such reference to Judith is made by Bot- tini (B., 6i) to which Arcangeli retorts (B., 91). Her example is again cited (B., 179). 427— RB., I, 24S-6: Till the court out all short with "judged, your cause. Receive our sentence I" The formal sentence against Guido and his companions is given in the Book only at B., 193, but the letters (B., 190-1) speak of it. Cf. RB., I, 257 • " I learn this from epistles," etc. C, 223, gives an account of the way Guido received this sentence, quite out of keeping with the Poet's conception of the character. 428— RB., I, 274: Fiocedure stopped and freer breath was drawn Evidently suggested by the words of the third letter (B., 191): "At this favorable decision, the defense took heart and Guide's good friends began to breathe again." 429— RB., I, 285: Even the Emperor's Envoy had his say Evidently suggested by the second letter (B., 191): "The Ambassador of the Emperor spoke of that point on Tuesday, as he himself told me day before yesterday." Cf. RB., XI, 2279. 430— RB., I, 346: 1 find, with his particular chirograph, Browning merely anglicizes the words of the first letter (B., ccxxxv) : " chirografo particolare." This of course is utterly unintelligible as English idiom. The words seem to refer to the special writ of condemnation, the order for the execution. Spelled cheirograph at RB., XII, 258. 431— RB., X, 212: I have worn through this sombre wintry da|r, RB., I, 1236: Droop of a sombre February day Referring to Friday, February ai, the eve of the execution of Guido. Cf. RB., X, 283-5. 432-RB., I, 347-8: Friday night; And next day, February Twenty-Two, This was indeed Friday night, as can be gath- ered from the second letter (B., 191), where the date of sentence, February i8, is spoken of as being on Tuesday. (Cf. RB., XII, 245.) Arc- angeli's letter (B., 190), written the day of the execution, is dated February 22. 433— RB., XII, 118-23: no sooner the decree Gone forth, • • • Than Acciaiuoli and Panciaticbi, • * • intimate the sentence P., 213 : " They were assisted by Abate Pan- ciatichi and Cardinal Acciajoli." Nicolas Accia- joli was born at Florence on July 10, 1630, became cardinal November 29, 1669, and died February 23, 1719. Bandino Panciatichi, also a Florentine, born June 10, 1629, became cardinal February 13, 1690. For a time he was patriarch of Jerusa- lem, and at this time was prefect of the congre- gation of the counsel. They were aged and distinguished ecclesiasts, probably chosen in def- erence to Guido's rank. They certainly were not the type of men to " crouch * * • two awe-struck figures" (RB., I, 1290-2). C, 224, is likewise at odds with the passion imagined by Browning for his Guido at the hour of death. The Poet's ver- sion is in accord with the increase of the terrible in the villainy of Guido. Cf. RB., XI, 1-2. 434— RB., XII, 124: Were closeted ere cock-crow with the Count. P., 213: "At the eighth hour (2 a. m.), Franceschini and his companions were informed of their death." Cf. RB., XI, 24. 435— RB., XII, 129-30: And when the Company of Death arrived At twenty hours, — the way they reckon here, — P., 213: "At the twentieth hour (2 p. m.), the Company of Death and of Pity arrived at the Prisons." Cf. RB., I, 1309-19 ; XI, 2414-5. . 436— RB., XI, 32: And why, then, should I die twelve hours hence ? The " twelve hours " was evidently drawn from the comparison of the times given in the two preceding notes. Cf. line 123. 437— RB., XII, 128: Were crowned at last with a complete success. P., 213: "Nor did they delay in preparing themselves to die well." C., 224, gives a much fuller account of this. Cf. RB., XI, 433; XII, 417. 438— RB., XII, 132-4: The Count was led down, hoisted up on car. Last of the five, as heinousest, you know: Yet they allowed one whole car to each man. Cf. P., 213: "The condemned were made to go down stairs rnd were placed upon separate carts to be drawn to the place of execution." 439— RB., XII, 135-7: His intrepidity, nay, nonchalance. As up he stood and down he sat himself. Struck admiration into those who saw. P., 213: "Franceschini, who showed more in- trepidity (intrepidezea) and composure (sangue freddo) than the others, to the wonder of all." Cf. C, 224, where Guido's attitude is described quite differently. 328 440— RB., XII, 139-44: From the New Prisons by the Pilgrim's Street, The Street of the Governo, Pasquin's Street, ******* The Place Navona, the Pantheon's Place, Place of the Column, last the Corso's length, The Poet merely adopts the statement of the line of march as given (P., 213): " Partirono dalle Carceri tenendo la Strada del Pellegrino, del Governo, di Pasquino, Piazza Navona, la Rotonda, Piazza Colonna, ed il Corso." Cf. RB., I, 1325. C, 224, gives an interesting amplifica- tion of this journey to the scaffold, quite different from that at RB., XII, 150-63. 441— RB., I, 1328: Two gallows and Mannaia crowning all. P., 213: "A great platform with mannaia, and two great gallows, which had been built for the execution of the criminals." A fuller account is given C, 224. Mannaia is also mentioned B., 124. Browning treats this subject with most graphic and passionate power in the words of Guido (RB., XI, 186-258). 442— RB., I, 350: Not at the proper head-and-hanging-place RB., XII, 106: The substituting, too, the People's Square P., 213 : " On February 22, was seen in the Piazza del Popolo." Cf. RB., X, aio8-ii ; XII, 146, 3 1 1-2; and C, 224. 443— RB., XII, 113-s: Palchetti were erected in the Place And houses, at the edge of the Three Streets, Let their front windows at six dollars each : Cf. P., 213: "Many stands (palchetti) were constructed for the accommodation of those curious to see such a terrible execution, and so great was the concourse of people that some win- dows brought as much as six dollars." Cf. C, 224. 444— RB., XII, 167: To mount the scaffold-steps, Guido was last P., 213: "The first who was executed * * ♦ and the last, Franceschini." 445_RB., XII, 173-91 : As he harangued the multitude beneath. He bceged forgiveness on the part of God, And fair construction of his act from men. Whose suffrage he entreated for his soul, Suggesting that we should forthwith repeat A Pater znd an ^ve, with the hymn Salve Regina Cmli, for his sake. Which said, he turned to the confessor, crossed And reconciled himself, with decency, ******* * * * then rose up, as brisk Knelt down again, bent head, adapted neck, And, with the name of lesus on his lips, Received the fatal blow. The headsman showed The head to the populace. Cf. C, 224. P., 213: 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 jlve, and Salve Regina for him. When he had made the con- fessor announce that he was reconciled. he adjusted his neck upon mannaia and with the name of Jesua on his lips, he was beheaded. The head waa then shown to the people by the execu- tioner. 446— RB., XII, 198-202: "He wore the dress he did the murder in, That is, a jurt-a-corps of rus- set serge. Black camisole, coarse cloak Of baracan ****** White hat, and cotton cap'* Cf. V, 1565; VI, 2001; B., 213: He wore the same garb as when he had committed the crime; that is, a giuitaan of brown serge, black camiclvola, coarse cloak of haraeano, white hat and cap dttetone VIII, 131S-7. 447— RB., I, 361: " All Rome for witness." The second letter says (B., 190) : " All Rome was there, as you may believe." P., 213, also speaks of the " great concourse of people." C, 225, says: "Rome has never seen an execution with a greater con- course of people." 448— RB., I, 362-3: Remonstrant in its universal grief, Since Guido had the suffrage of all Rome. The second letter (B., 190) says: "He has been pitied by all gallant men." Cf. RB., XII, 275-6. 449— RB., XII, 272: Nor shall the shield of his great House lose shine B., 190: "And his House has lost nothing in the matter of reputation." 450— The letter of Arcangeli given (RB., XII, 239- 88) is merely a close, but humorous paraphrase of the letter of Arcangeli (B., ccxxxv). The original is placed side by side with Browning's version below. The real letter (B., ccxxxv) : Tardi giunsero /« giustificationi inviatemi da V. S. lUma & prd della b. m. ibenedetta memoria) del Sig. Guido Franeeschinit poiehe havendo determinato La Congregaxione di Mont, Governatore cbe detto Sig. Guid* fotte Reo di morte non ottanti U Ragioni deditte a tuofavore a gran fatiga dalla medema ottenni guaJche dilatione per giustificare il sua clerieato da me allegata al quale efetto fU spedita staf- fetta inArexxo; ma giudieando espediente La Santiti di Nostra Signore il non differire The letter of the Poem: Late they arrived, too late, egregious Sir, Those same justificative points you urge Might benefit His Blessed Memory Count Guido Franceschini now with God: Since the Court, — to state things succinctly,— styled The Congregation of the Gov- ernor, Having resolved on Tuesday last our cause r the guilty sense, with death for punishment, Spite of all pleas by me de- ducible In favour of satd Blessed Memory, — I, with expenditure of pains enough, Obtained a respite, leave to claim and prove Exemption from the law's award, — alleged The power and privilege o* the Clericate; To which effect a courier was despatched, But ere an answer from A rezzo came, The Holiness of our Lord the Pope (prepare!) Judging it inexpedient to post- pone 329 V$tneuthn* delta santenxa gta d$Mtinata hthhe fer bene ton Chirografo partUotare derotare ad ognl PrivlJeeio ClericaJet ehe gll fotte poiuto comptttre, §t alia minoritd rltpetto A Franc, di Pasguino uno de eompliei ; tl ac- I2Z2 dedisse mandatum toTum utar vtrbis, ad afriaiandum dictam suam Uxorem tantum 499— B., xxix or 24: ex causa abscissionis eenital- \]im de facto teev.tte quia nempe id facientes repu- tantur inimici naturae 122} ad afriaiandum, dicam, 1225 uxorem tantum 1240 ex causa abacisaionia fartium; 1241 qui nempe id facientes reputantur 1242 naturx inimici The change of quia to qui is probably an acci- dental error rather than a conscious modification. 500— B., xviii or 17: obiectum funditus coiruit 1248 objectum funditus cor- ruit 1256 in domo ac habitatione propria 501 — B., Ixvi or 54: in domo, ac habitatione pro- pria Cf. Note 4x7. 502— The following claim as to Guido*s right to secure his wife's departure from the monastery for the purpose of killing her is made by the real Arcangeli (B., xviii or 16. Cf. Note 291) : namqulcquid sit an de consensu ipsius Domini Guidonis 1283 1284 nam quicquid ait an de consensu noitro educta esset 128$ a Monasterio, de quo nuUum 1286 verbum hahemus in Protessu. potuit id dissimulare, 1287 ut aditum habere 1289 potuisset I2gi ad earn occidendam 1292 a monasterio educta esset Potuimus id dissimulare ut aditum habere fotuissemus ad eam occidendam 503 — The following passage contains the only unmistakable error of Browning in the transfer of the book-Latin to his Poem, " via " for " ira " is doubtless a mistake in reading his own writ- ten notes (B., xxxiv or 28) : 1296 in quibus Rex Regum, et dom* inus dominaniium assistit per es- sentiam, et nihilominus delinquens in eifl exiusta Ira, et dolore excusatur 504— B., Ixvi or 54: mutatione vestimentorum, quo (asu Homicidium Jieitur tommisMum ex Insidiis. .505 — B., xxxii or 26: ut conunodius. et tutius de ilia vindictam sumeret 506 — B., Ixvi or 54: Francisca erat sub potestate ludicia 1297 1298 1299 1 301 1318 1320 in quibus asaistit Rcgum Rex per easentiam et nihilominus in eifl ex justa via delinquens excusatur mutatione vesiium homicidium ex insidiis 1325 1327 de ilia ut vindictam sumeret commodius * * * et tutius 1339 our wife reposed 1340 sub potestate judicis 507— B., Ixxviii or 66; accedit ad exaaperandam poenam 508 — B., cxxxix or 114: 1380 accedit ad 1381 exasperaiionem ertminii et cum aeatur de pauperibus, I53I et cum sgatur de pau- peribua carceratia. I53Z carceratia in eorum cauiis 1533 in eoium causii pietaa 1534 pietas triumphare debet, quia ipai 1535 triumphare debet, quia sunt ipsi sunt thesaurus Chriati 1537 thesaurus Chriati 509 — B., xxxvii or 29 : iMta sua opinio est 1558 opinio multum Cordi tenenda I5S9 multum tenenda cordi 510 — ^B., xli or 33: non dicuntur 1562 non dicuntur Mandatarii, 156J mandator!! aed Auxiliatores IS64 sed auxiliatores 511 — B., xliv or 34: adeo honoris causa est cfficax, 1566 adeo honoris causa eat ut efficax non solum 1567 non solum se diffundat 1568 se difFundat in Mandatarios simplices. IS70 in mandatorios aimplicea sed etiam in Mandatarios 1572 sed etiam assasainii qualificatos qualitate Assaasinii qualitate 157? qualificatos 512 — B., clxxxii or 150: quo nihil absurdius 1633 quo nihil absurdius excogitari potest 1634 excoeitari potest 513— The long peroration, over which the Arcangeli of the Poem is laboring (RB., VIII, 1637-1736), is taken bodily from B., cxxii or 103, where it is the peroration of the last and most important of the arguments of the real Arcangeli. Caeterum 163$ enixe supplico, 1637 ut illustrisaimo Domino meo 1639 benigna fronte, 1640 ac serenis oculis 1641 perpendere placeat, 1642 quod Dominus Guido 1643 occidit, 1644 ut eius Honor tumulatus 164$ in infamia 1647 resureeret. 1648 Occidit Uxorem, 1649 quia illi fuit 1650 opprobrio, 1651 et ilHus Genitores i6;2 qui postpoaitaoninJ verecundia 1653 filiam lepudiarunt, 16$; et declarare non 1656 erubuerunt i6$7 esse Meretricia i6$8 eenitam, 1659 ut ipse dehonestaretur 1660 cuius mentem 1662 perverterunt, 1663 et ad illicitoa Amores non 1664 pellexerunt durotaxat 1665 aed vi obedientix 1667 filialis 1668 cogerunt 1669 Occidit. 1670 ne scilicet amplius in dedecote 1671 viveret 1673 Consanguineia invisua, 1674 a Nobilibus 167$ noiatus, 1676 relictua ab Amicis, 1677 ab omnibus derisua. 1678 Occidit ' 1680 caeterum enixe supplico ut dominis meit benigna fronte «r oculis serenis perpendere placeat quod dominus Guido occidit ut ejus honor tumulatus in infamia resurgeret Occidit uxorem quia illi fuit opprobrio et genitores qui postposita rerecun- dia filiam repudiarunt atque declarare non erubuerunt meretricis genitam esse ut ipse dehonestaretur cuius mentem perverterunt et ad illicitoa amores non dumtaxat pellexerunt sed vi obedientix filialis coegerunt Occidit ne scilicet amplius in dedecore viveret - invisus consanguineia a nobllibos notatus relictua ab amicia ab omnibus deriaus occidit 334 inutbe •««• inU'be nempe, aax ilial full ipectala l68i nempe qui alias spec- tata m Nobilem Malronam 1«84 matronam nobilem abluere macalaa FudUitiz l68j abluere pudiciuatmacu- laa proptio sanBuine, 1687 lanEuine proprio quai Iftn Invita, « riliKlaaU fliul Ritlt ImftI', •""• propria aluriui tulpam. el vioUntiam txpiando VaUr. Maxim., Hi, 6, €ap. I, nam. I. Til. Liv., lib. l.BlsKr. Et quae Tidit 1688 qua: vidit Palrem undequaque 1689 patrem undequaque impunem, 1690 impunem et non illaudalum 1691 " non illaudatum K polluenlem Parricldio 1691 nd polluentem parri- cidio filiz, i69! fill* ne rapctelur ad stupra 169S ne rapetetur ad ilupra Valtr. Maxim., ubi supra, num. 1. Tit. LIti. lib. 1. Biilor. , . tanli ini cordi fuil 1696 tanli illi cordi fuit amillendi Honoris lfl97 auipicio suspicto, 1698 honoris amittendl ut potius folueiit orbaci 1699 "< polius voluerit Alia filia, «7 1299 foraan et haec dim. Ver., A. I, 203. 132$ filiua est quern nuptiae demonstrant. Unidentified. HIV'S Cujum pecus? An Meliboei? Non aed .^eoniil Ver., Ed. III. 1-2. 1362-6 Cur e£o dcsperem fieri sine conjuge matef, et parere intacto dummodo casta viro? Ovid, Fasti V, 241-2. 1376-7, 80-1 Incipe, parve puer, risu cognoscere palrem, Nee anceps haere, pater, pucro coenoscendo. Ver.. Ed. IV, 60. 1506 lolvuntur tabnle (aolTcntur). Hor., Sal. II. 1, 86. 1564 icnax proposito. Hor., Ode III, 3, i. 521— RB., IX, 214-5: Sermocinando ne declamem ultra depsydram. Medieval clerical saying. 335 522— 646 toll expensis nemo milltat. 782-3 non idem semper dicere, aed spectare debemul. (Proverbial sayings.) 523 — B., ccxivlii or 196: Incidit in Scillam cupiens evitare Charybdim, An adaptation of line 301, of Boole V, of the Alexandreis of Pliilippe Gaultier, a French Latin poet, IS'S- I'lic verse is founded on a Greets proverb derived from the Odyssey. 524— There were evidently two stages of the trial of Guido and his fellow-assassins, as B., 192, speaks of " both presentations of the case," and B., 195, speaks of " the second setting forth of the case." The second stage of the trial was more learnedly and more skilfully fought, and the arguments are longer and more acute. They are based in part on the additional evidence secured by means of the torture of the vigil, and the Advocate of the Poor begins this part of the case with a sharp attack on the legality of the torture which had been decreed. Pamphlets 1-7 and 14 belong to the first stage of the trial. This is clearly proved, even in the case of pamphlet 14 (which was put in wrong order) by the references in the later pamphlets to paragraphs, or points of law, in- cluded in the earlier ones. Thus pamphlet 8 includes reference to pamphlet 14. Pamphlet 9 refers to pamphlet 8, while pamphlet 13 refers to pamphlet 9. In this way the order of the pamphlets in the trial is established as follows: First stage: i, ?, 3, 4, 5, 6, 7, 14. Second stage: 8, 9, 11, 12, 13, 16. Pamphlet 10, the first anonymous Italian narra- tive, is referred to by No. 13, and probably had just preceded it. All of these arguments must have been rapidly prepared, as they extend over only a month of time. In several places the lawyers speak of being presised by the scantiness of time, and Gambi, in No. I2, speaks of having had but three hours to prepare. 525— RB., V, 12-3: Noblemen were exempt, the vulgar thought. From racking; This point was made by Spreti and denied by Bottini (B., 166). Cf. RB., IV, 1625-8; VIII, 316-23. 526— RB., I, 979-80: His limbs' late taste of what was called the Cord, Or Vigil-torture more facetiously. The torture of the vigil, which is used with such striking effect by the Poet in giving setting to the monologue of Guido Franceschini, was evi- dently not inflicted at the very beginning of the case, as the Poet imagines, but between the two stages of the legal argument (Note 524). For in the first stage there is continual argument concern- ingthis torture as not yet having been inflicted, while in the second stage it is evident that the torture has been inflicted, and confession has fol- lowed, and the lawyers are merely accusing and defending the action of the court in permitting such painful torture. It seems that the prosecution, being dissatis- fied with the first confession under milder torture, in which Guido claimed he had given orders, not for death, but merely for mutilation (B., 20), had demanded the torture of the vigil to gain the whole truth. Spreti and Arcangeli (B., 28, 35) oppose this, and are refuted in turn by Gambi and Bottini (B., 52, 166). Evidently the court decreed the torture, and secured far more of a confession, and part of this is probably what is given in pamphlet 9, though the confessions as a whole have been lost. The further fact that the assassins were still further planning to murder Guido in turn (Note 338) was probably revealed in this way. Spreti at the beginning of his next argument. No. 9, sharply attacks the legality of the decree of torture (B., 105) and tries to have the evidence thus secured thrown out of the case. Bottini in turn (B., 135 et seg.) refutes him at length, and on the confession demands the inflic- tion of the death penalty without further delay (B., IS7). The nature of this torment and its specific effect on Guido is not described in the Book, though the Pamphlet speaks of Baldeschi faint- ing under the cord (Note 390). It is merely re- ferred to in such general terms as "the rigorous torment of the vigil." The Casanatense pam- phlet (p. 223) gives a fuller and better account of the examination under threat of torture. To gain more definite knowledge on this point, Browning evidently traced the reference given at B., 28, to Farinacci, qu. 38, nu. 71, and had there found the full information he wanted. We have undoubted proof that he made such refer- ence, for in lines 428-43 of Book VIII of the Poem he paraphrases Farinacci's text closely, as may be seen in Notes 386-9. Agostinelli seems to have been excepted from this torture (B., 114), non fuerit denuo constitutus (Note 315). I quote the full text of Farinacci: (Prosperi Farinacii iurisconsulti romani, Praxis et Theo- rica criminalis Lugduni Horatius Cardon, z6o6» Pt. I, Tome 11, p. 201.) The fifth and last among us is the tormcnfum vlfi/fite. At the time of Marsiliua, who claims to be the inventor uf this torment, the accused was placed upon a bench and made to sit there, and two men were present to watch lest he should fall asleep, and if he wished to sleep they aroused him and for forty hours would not permit him either to sleep or to rest. Finally, when he was promised rest within such a time, he was compelled to confess. Marsilius says of this torment that although it may seem ridic- ulous, no one is found so stroDg; of spipt as to resist it, and this is elsewhere testified as being true. But in this evil day of ours, by some fate unknown to me, whether because of the severity of judges or the obstinacy of criminals, this torment has taken on a harsher and more cruel manner. For such a bench, which some call the Goat and others the Horse, is raised from the earth as high as a man's stature, and its top is not level, but is a little higher in the middle. * * * On the t6p of this bench the accused is placed, naked and bound to prevent him from falling, and with his hands bound behind his back and fastened by a rope that is on top of the bench, not otherwise than if he were to be tortured. And what ii worse, his arms are held extended by the same rope, either entirely or in nart, as the judge sees best. There the luckless accused * * * ,is detained for five or ten hours, and sometimes even longer at the Juoge's discretion. And this is at the same time the torture both ot the **cord'* ifunii) and of the vigil. What is more pitiaoie, outof a hundred men who have suffered this torment, I believe that not more than four or five have been martyrs, the rest indeed were confessors {martyret, tonfestoret) for the torment is insiippbrtable both by reason of the time and of the fearful pain and suffering. It is 336 quite true that I htre leen it oaed only in the case of very atro- cious crimes, such as the crime of lata majtttat, murder in^ the open Btrceta. bighwar robbery, infamous nudity, and such crimes under bann. Therefore, In inflictine such torment, judges should see that it be much tempered, and above all they should see that the arms of the accused be not much extended. For such extension for a lone time is in itself perilous, and many have died in this rcry torment on account of it, and very many more have fainted. 527— RB., X, 3 and 6: and read a History. ******* Of all my predecessors, Popes in Rome: Browning's method of creative art as seen in his use of the " old yellow book " leads me to a feeling that lines 32-150 of Book X are a free paraphrase of some actual history of the Papacy, which had fallen into the hands of the Poet. But I have not been able to find any such original for the passage as a whole. The facts given in these lines are such as are found in one or an- other of the historians, and in some cases even the form of expression is similar. Some extracts are given below with the line references to the cor- responding lines of The Ring and the Book. Luitprand, Hittoria Gtstarum Regum tt Imperatorum sivt Antotadoiii No. 30. Concerning Pope Sergius who ordered them to drag Formosus from his tomb, and to depose him after he was dead. When he [Scrgius, a mistake for Stephen] had been established Pope, as one impious and Ignorant of divine teaching, he com- manded that Formosus be dragged from his tomb, and that he be placed in the Papal throne, clothed in his priestly robes (42-43). And to him he said: "Why when thou wert Bishop of Porto (46), moved by a spirit of ambition, usurpdst thou the uni- versal throne of Rome?" (47). When these matters had been carried through, he commanded that the body be stripped of its sacred robes (81), that three fingers be cut off (84-5), and that it be cast into the Tiber (87-88). And all whom Formosus or- dained, he reduced to their own rank (74-5), and reordained them. No. 31. Concerning the body of Formosus, which was cast into the river by Sergius, and then found by fishermen, and saluted by the images of the saints. But of what authority and of what religious life Formosus had been, we can gather from this: for when he was afterwards found by fishermen (iiz) and carried back to the church of St. Peter, the chief of the Apostles (izo-i), certain images of the saints reverently saluted him when set in his place (1Z4-6). For I have very often heard this from the most religioui men in the city of Rome (iz2-i). Fleury in his Blitoire Eeehtiattiqut^ Book $4, p. 579, gives the following account: Pope Stephen the Sixth [sicj held then a council (13) in which he condemned Formosus, his predecessor. He had his body dis- interred. Then they brought it into the midst of the assembly (38) and placed it on the papal throne (44), reinvested with his robes of office (43), and gave him an advocate to respond in his name (50-z). Then Stephen, speaking to the body as if it were still alive: "Oh, Bishop of Porto (46), tell me why thou hast carried thine ambition even to usurping the seat of Rome? '* (47). Having condemned him (67-9), they despoiled him of his sacred robes (81), cut ofi his three fingers (84-5), and finally his head (86), and then cast him into the Tiber (88). Pope Stephen de- posed all those whom Formosus had ordained (74-s), and ordained them anew. p. 6og. Theodore, who died only twenty days after his ordination (108), in that time left no stone unturned to achieve as far as possibfe the reunification of the Church. He called back the Bishops who had been driven from their sees, and reestab- lished the clerics ordained by Formosus and deposed by Stephen, and restored them to their sacred honors and the exercise of their functions. He caused them to carry back with aue solemnity the body of Formosus Into the burial place of the Popes (119-21); for it had been found by fishermen (112). And as they were bearing it in, many persons then present (1ZZ-3) assure us that the images of the saints saluted him in passing (iz$-6). Sergius declared against Formosus and approved the procedure of Stephen VI (142-3) : whose body [note it is Stephen's body] he had transferred ten yean after hii death and placed over him an honorable epitaph. Flodoardus tells the matter as follows: Then Stephen, the sixth [sic] on the sacred throne, who im- presses us as harsh, but impressed his own contemporaries more harshly, who did cruel things to the living, but acted even more brutally toward the dead, and who attacked Falco with threats and Formosus with very deeds, assembled an unfortunate council, over which he presided harshly (34). Platina*8 Livei of the Pofts. Translated by Benham. Stephen the VII [sic] * * * persecuted the memory of Formo- sus with such spite, that he abrogated his decrees, and rescinded all he had done. * * * Martin the historian says he hated him to that degree, that in a council which he held (33), he ordered the body of Formosus to be dragged out of the grave, to be stripped of his pontifical habit (SO and put into that of a layman, and then to be buried among secular persons, having first cut off those two fingers of his right hand, which are principally used by priests in consecration (85), and threw them into the Tiber. * * * Theodorus restored the decrees of Formosus and preferred hia friends. * * * Theodoras in the twentieth (108) day of his Papacy died. * * * John removed to Ravenna (132), where, calling a synod of seventy-four bishops (i33)< he condemned all that Stephen had done (135) and re- stored the decrees of Formosus, declaring it irregularly done of Stephen to reordain those on whom Formosus had conferred holy orders. Biographie univertelle, XIII, I38. Stephen VI had had for hia predecessor Formosus, whose memory he wished to dishonor with such an excess of zeal as to betray both ignorance and ferocity (34). Formosus had been Bishop of Porto, and was called as Bishop of Rome: this translation from one see to another might still seem a criminal innovation. * * * Stephen called a council to have Formosus con- demned. He had his body disinterred and brought into the assembly (38-g) They placed him upon the pontifical chair (44), reclothed in his robes of office (43) and gave him an ad- vocate to respond in his name (sz) Then Stephen, speaking to the dead body as if it were alive: "Why, oh Bishop of Porto, (46) hast thou carried thine ambition to the point of usurping the throne of Rome ? *' After he had been condemned, they despoiled him of his sacred robes (81) cut off three fingers* and then his head (85-6), and then cast it Into the Tiber (88). This is the account of Luitprand (izz) adopted by Fleury, Platina assures us that he cut off the two fingers which serve in consecration (85), which seems more probable. 528— RB., Ill, 96-7: That doctrine of the Philosophic Sin; Molinos' sect B., 120, speaks of the " Doctrine of Molinos and the philosophic sin, which has been checked by the authority of the Holy Office." The his- torical and philosophical meaning of this refer- ence may be found elsewhere. Browning has stated its significance in the world he is picturing (RB., I, 307-14) : * * * the sect for a quarter of an hour I* the teeth of the world which, clown-like, loves to chew ******* Aught it may sport with, spoil, and then spit forth Cf. RB., II, 126, 175-7; ni, 34, 109, 989; V, 203, 223, 870, 1043, 1238, 183!: VI, 152, 473; , VII, 760: VIII, 69I; 107^ 13 j}; IX, 33, s**," 727, 104*, 1490; X, 1869, 2067; XI, 643, 2041; XII, 654. ^ 529— RB., VII, 22-3: the marble lion * • • With half his body rushing from the wall. This strange old sculpture, the " bestia," is familiar to the visitors at San Lorenzo in Lucina. 530— RB., VI, 462: Those lancet-windows' jewelled miracle,— Murray's Northern Italy: "The tall lancet windows of the Tribune (in the Duomo) have been compared and even preferred to the Five Sisters of York Minster." 337 S31— RB., VII, I31S-8: And Michael'l pair o( wings will * * ♦ * * * bear him from our picture where he fights S>tan> Crowe & Cavalcaselle's History of Painting in Italy, Vol. I, p. 2S6: "In the bell room (of San Francesco of Arezzo), Spinello depicted scenes from the legend of the archangel Michael. * * * The archangel, poised on the dragon, is seen in the act of striking him, whilst on each side angels and demons struggle for mastery." 532— Several matters of evidence, which are not in- cluded in the Summaries, are cited by folio in the arguments of the lawyers. This includes the testimony of the defendants themselves (B., 97, 107-8) of Maria Margherita (B., «g, 93) and several letters (B., 57-8, 90). Cf. also 94. 533— "Luogo di monte": The name given to cer- tain investments of Pietro Franceschini ; it is thus defined in the Vocabolario Universale Italiano: Crtdilo di jomma dturminata in un monte, Mtinte, iuogo fubhiica dove it pisliano^ o li pongono danart a interetie 534- "Praejudicium tertii" (B., 55, 109, 137), the injury of the third party (some person outside the suit). That is, no judgment can be given condemnatory of, or injurious to, a person who is no party to the suit at bar. Pregiadixio, e nocumento ehe procede da giudixio antici- pate, e noD amico, etc. tigntficare ogni altro danno * * * dannegiato dalle faUe opinioni degU huomini, Tommaseo, Dixianarto dei Sinonimi, 535— B., xi: Visiu et alloguium, tactus, post oscula, factum. This seems to be an old proverbial say- ing. It is used by Porphyrion in a scholium to Horace, Carmina I, 13, 16: eleganter, quia in quinque partes amoris fructus esse parti- tur dicitur: visu, alloquio, tactu, osculo, concubito. 536— In pursuance of the inquiry followed up in Note 527, I wrote to Mr. Robert Barrett Brown- ing, and he sent me the following reply, which I quote with his consent because of certain matters of interest: La Torre all* Antella, Florence, January 6, 1904. Uy dear Sir: 1 wish I were able to give you the information you ask me for, but my father's books are in Venice and I have not any here touching on the matter to refer to. If Pope Stephen was, as you say, the Sixth and not the Seventh, of course the mistake is obvious and perhaps attributable to an unconscious slip of the memory, which with my father was not at Its best in dates and figures. It is not likely that such an error should have appeared in any old work, such as he would have consulted ; and certainly it was not caused by carelessness, for he was painstaking to a degree and had a proper Iiorror of blunder- ing, which is the word he would have used. I can only account lor such a mistake as this— which he would have been the first to pronounce unpardonable — by his absent-mindedness, his atten- tion being at the moment absorbed by something else. Absent- °'k"''j''v'" ^" °'" °' '■'' characteristics, over instances of which he used to laugh most heartily. My father's intention, I know, was to be scrupulously accurate about the facts in this ik™'i. ' "'"' "" '"" " "" instance that, wishing to be sure that there was moonlight on a particular nig'ht, for descriptive purposes, he got a distinguished mathematician to make the nec- 22 essary calculation. [Note iSj.] The description of the finding of the Book is without doubt true in every detail. Indeed, to this day, the market at S, Lorenzo is very much what it was then and as 1 can remember it. Not long ago, I myself bought an old volume there off a barrow. The "yellow book" was probably picked up in lune of i860, before going to Rome for the winter — the last ray father passed in Italy. As it had always been understood that the Book should be presented to Balliol, I went soon after my father's death to stay a few days with lowett, and gave it to him. In the portrait which hangs in Balliol hall 1 painted my father as he sat to me with the Book in his bands. Nothing would have gratified him more than what you tell me about the interest with which his works are studied in America, and 1 need not say how much pleasure this gives me. Believe me with many thanks for your kind letter. Yours very sincerely, R. Barrett Browning. To Mr. Charles W. Hodell. 537— RB., VIII, 404-12: I wonder, all the same. Not so much at those peasants' lack of heart; But — Guido Francischini, nobleman. Bear pain no better! No such word concerning Guido's quailing at torture was found in Browning's sources, but that his imagination divined truly is proved by the Casanatense pamphlet (p. 223): "Far less tor- ment 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." 538— The motto from Pindar, Olymp. I, 112, which is found on the flyleaf of the Book just below the Poet's signature, was evidently chosen by the Poet when the subject had taken fast hold of him, and he began to see his great masterpiece. He evidently recognizes this as the opportunity of his life as an artist. The passage occurs near the close of the song in honor of Hieron as victor in the chariot race in Syracuse, B. C. 472. The passage, as trans- lated by Mye^iruns as follows: My part is to crown Hieron with an equestrian strain in Aeolian mood. * * * A God hath guard over thy hopes, O Hieron, and taketh care for them with a peculiar care, and if he fail thee not, I trust that I shall again proclaim in song a sweeter glory yet, and find thereto in words a ready way, when to the fair- shining hill of Kronos I am come. Her ttrongest-winged dart my Mate hath yet in store Mr. Barrett Browning, in reply to this inter- pretation of the motto, has said : " I know he thought The Ring and the Book was going to be his greatest work, long before he had finished it; and he may have seen here — as you say — the great opportunity of his poetic career. This was probably when he began the poem, which he often told me while writing would be the longest in the English language. He was more and more interested in the work as it advanced." 539— RB., I, I -31: Do you see this Ring 7 'Tis Rome-work, made to matcli (By Castellani's imitative craft) Etrurian circlets * "* * ******* * * * 'xia a figure, a symbol, say. Mr. R. Barrett Browning has written as fol- lows : " The ring was a ring of Etruscan shape made by Castellan!, which my mother wore. On 338 it are the letters A E I. Ever after her death my father wore it on his watch chain." A friend of the poet has also stated that during his last illness the poet kissed the ring with all aflFection before composing himself for his night's rest. As he thinks of his Lyric Love he compares this ring with Thy rare gold ring of verse (the poet praised) Linking our England to his Italy! RB., XII, 873-4. Such is the figure employed by the Italian poet Tommasei in the inscription for the tablet which the municipality of Florence placed on Casa Guidi in honor of the poetess they had come to revere. 540— It has seemed well to give a transcript of the second and third letters [pp. ccxxxvii-xl] as the handwriting is difficult to read. Molt' Ille e Mto Onle Sigr mio Pr. Oss. (In full =: Molto Illustre e Molto Onorevole Signor mio Padrone Osservantissimo.) Le giustificazioni mandate non sono giunte in tempo perchi hoggi finalmfc doppo tanti contrasti £ stata eseguita la giustizia del pouerc Si Guido con farli la testa, e i guattro sicari aono stati impiccati. La causa fH risoluta Martedl, mil perche s'era dedotto il chiericato, e per questo si pretendeua che quanto a lui non ui entrassi la uita doppo che s^era spedita staffetta in Arezzo per hauerne le giustlficazioni il Papa passo ieri il chirografo, e ha uoluto che oggi cnninam',^ si eseguisca. Gi& che t stata volont^ di Dio, che egli paghi simil pena almeno con le scritture fatte se n' h ricavato che mor*! da galant' huomo, perchi oltre I' essere morto con coraggio e esemplarit^ h stato compassionato da ogni galant* huomo, e non hik perduto niente la casa sua in materia della reputazione. Vi h concorsa tutta Roma come puol credere, e non ui h stato riparo con tutto che si sia scritto forte, e non li sieno mancaie raccomandazioni di gran conse- guenza, perche il Sigf Ambaaciatore dell' Imperatore ne parlo di proposito Martedi, conforme egli mi disse ierf altro, e poi le cose sono precipitate in un subito. Ho terminata la sua scrittura per la Cong?^ del Concilio, e ogni volta che Monsigf^ Segretario uogli portaria penso che siamo all' ordine. lo la prego ft fauorirmi di quelle copie del processo piu presto che sia possibile, c quando il Can. Filippo non ne lasci 1* adito fauorisca auuisarmelo perchi io possa pen- sare h altri passi uolendo una uolta uscire di questo imbro£lio ae possibile sari c per fine reato con riueriria, D. V. S. Molt' 111? e Molt* Onle Roma Z2 Febb9 i6qS. Div** e obio Sfc Gaspaio del Tone. [The letter is addressed : ] Al Molto ni™o e M9 Ecc? Sig" Mio Pron? Col™ il Sig{*= Francisco Cencini Fircnzc 541— Letter III: Molto Ill« et Eccnw Sig« Sig« mio Pr. Colmo Martedi si propose la disgratiatiss' ca'a c la Cong? del Gouerno risolui— Dilata et ad mente™— La mente era che si aspettassero le giustificazioni del Chiericato consaputo. SQ questa fauoreuole resoluz^ pigliarono iiato li Defensori e cominciarono ft respirare ! buoni Amici, quando mio SlgT^ I'altra sera alle due di Notte motu proprio sottoscrisse il chirografo derogatis al Chiericato quat? si adducesse e alia minoritft di vno delli Correi. Sotto* scritto il Chirografo. si propald per la Cittft tal nuoua. e con essa la certezza della Giustitia che h seguita hoggi doppo il pranzo dei cinque, cioh del pouero Sig. Guido con il taglio della Testa, e degl' altri quattro Correi con la forca. Non aignifico ft V. S. Ecci?3 il mio dolore* poiche di q: ne potrft essere lei med. veridico testimonio. Le giustificazioni sarebbero state di rileuanza grandiss^ mft non nel caso p. perche mio ST^ hft voluto cosi. Accludo la posizC del Fisco, mancandogli solo una rispoata che inviard subito che mi sarft capitata accio V. S. EccT^ habbia J'intiera positione. Hora che il Sig. Auuoc9 del Torto h sbrigato dagl* interessi p. polrebbe teruirc V. S. Ecc^^ si nella Ca? Matrimoniale si nell* altra del Gomez onde mi rimetto ft tutto qll9 che V. S. Eccip> li scriuarft, pregandola sempre piu d' incessanti comandi accio pcrpetuam? possa essere Roma li zz. feb? 1698. Ser. Osa. e Ule Di V. S. Ecc?« Carlo Ant? Vgolinucci LINE-INDEX TO ANNOTATIONS. Book I: Book I : Book II: Book II: Book III: line note line note line note line note line note 1-31 539 795 319 475 66 981 215 33 359 33 I 798 64 476 292 999-1000 217 34 528 8S 10 799 303 486-91 49 1008 221 37 351 IIO-l 13 819 365 487 48 1010 220 45-7 353 119 II 846 S8 491 SI 1021 222 51 53 120 366 873-4 57 497 96 1022 225 63 16 122-31 2 903 61 498-501 52 1022 226 67 17 136-9 3 904 60 504 98 1031 227 74 66 140 I 979-80 526 507-10 97 1040 228 96-7 528 I4S-6 4 1038-9 271 519-25 lOO 1044 229 109 528 146-7 5 1052 7 534-7 lOI 1060 255 115-26 63 148-9 6 10S3 373 537-8 102 1068-9 230 132-3 74 150-2 7 1078-9 35° 549-51 103 1071-4 231 133-4 65 165 367 1085 351 549-83 105 1083 255 159 68 165 368 1087-9 352 558 105 II16 215 170-1 74 169 408 "74 455 580 107 1131 244 179-229 107 177 374 1236 431 597 108 1133-8 235 180 lOI 179 376 1284 345 600 260 "35 253 180 102 199 377 1290-2 433 615-6 332 1140 246 192-3 64 213 378 1309-19 435 625-6 257 1145-7 233 194-6 107 222 379 1325 440 656-67 109 1148-9 245 208 105 222-3 381 1328 441 671-6 109 1159-60 246 251-3 50 224 382 684-6 112 1162-4 243 256-7 39 226-8 380 Book II ; 689-718 "3 1177-87 271 260 79 229 479 17-101 57 721 "3 1197-9 276 270-S 80 2Z9 383 27 332 726-32 260 1198 277 3" 3" 230 491 29 399 742-4 263 1231 278 364 66 231 384 55 14 753 264 1239-59 257 396-401 83 232-6 38s 59-70 8S 755 255 1282-5 297 403-17 90 241 365 60 15 780-811 151 1287 266 412-4 50 245-6 427 74-8 88 801 131 1292 52 428-9 84 255 42 126 528 805-7 128 1297-1300 256 448-60 85 257-9 9 147-8 414 80s 152 1323 285 457-8 15 274 428 154-6 39 806 32 1325-38 283 469-83 87 285 429 156 88 809-10 124 1342 286 470-6 88 307-14 528 175-7 528 833-4 127 1350-4 289 496-7 91 346 430 193-4 63 835 128 1361-6 292 509-11 92 350 442 195 64 861 125 1368-9 293 512-16 93 361 447 200-1 67 874 135 1383 299 521-39 95 362-3 448 203-4 66 875 139 1384 302 522 98 395-8 321 206-7 292 876 140 1389-90 306 529-36 100 405 20 211 68 879 141 1391-3 310 549-668 105 405 303 265 72 889 184 1394 312 555-65 102 553 565-8 50,51 268 74 893 196 1406-31 321 566-82 103 94 275-6 17 894-5 198 1435 322 583-98 104 569-77 100 288-9 39 895-6 200 1438 342 646-51 260 571 604-s 606 619-24 49 292 50 905 196 1439 347 655 261 292 304 43 933-6 146 1464-5 345 670-80 263 319 33*-4 49 938-41 35 1488-1503 403 681 264 331 3+4 77 945 192 1506-24 222 688 265 677 I 359-78 85 954 202 1537-9 56 702-10 46 689-90 691-4 694-5 783-4 784 8 380 87 956 193 712-37 112 9 385 343 959 195 Book III: | 721-37 121 12 404-5 90 966-7 210 7 348 738-71 112 45 413-S 77 972 211 9-IO 349 751-3 114 44 429 94 975-6 219 18-9 353 776-87 121 79* 300 462-525 95 979 216 31 303 799-803 303 339 240 Book III: Book III: Book IV: Book IV: Book ' l^: line note line note line note line note line note 8ii 359 1500-6 283 499-504 87 1354 308 764-5 100 82S 194 1500-14 284 550-572 95 1356-7 304 765-7 109 899-901 156 1507 292 568 98 1360 311 768-74 10s 908-11 235 1509-11 287 569-70 99 1361 316 777-8 262 912-3 178 1514 286 575-80 105 1363 317 834-43 112 916-8 179 1519 288 575 101 1364-6 318 842-3 114 927-30 245 1520 290 576 103 1369 292 870 528 949-Sa 233 1527-38 21 611-2 105 1371 320 896-902 123 957 251 1540-1 304 640-s 109 1371-3 321 938-46 128 960 246 1546-69 307 663-98 121 1373-4 323 948-9 133 967-9 13s '575 3" 718-9 45 1377-9 324 949-50 134 970-89 139 1582-3 317 719 44 1382 325 989-91 196 989 528 1584-S 318 749-51 121 1385 327 992 20O 997-8 137 1592 319 769-86 112 1390 328 993 198 1003 140 1596 292 770-2 114 1391 330 1003-s 170 lOII 142 1597-9 321 778-84 113 1393-4 331 1012 187 1015-7 X44 1605 303 782-4 122 1395 225 1013 188 1040-2 149 1607-14 293 799 135 1395-6 333 1016 146 1065 184 1620-21 323 801-6 139 1397 340 1020-3 189 1073-4 199 1622-3 324 801 140 1399-1403 341 1022 190 1087 192 1627 331 807-41 144 1402 342 1025 191 1095 170 1628-30 337 944 131 1405-10 346 1026 192 1097-H04 171 1631-4 339 960 214 1416-24 344 1028-9 193 1I2I-4 21 1635-6 341 960 217 1425-32 349 1038 196 1128-30 194 1638 342 963-4 148 1435-6 329 1039 202 1 140 ai2 1641 348 967-77 156 1437 328 1043 528 1142-9 213 1670 259 996-7 180 1439 348 1044-5 194 ii6i-7 227 1671 280 1025-6 154 1446-9 355 1050-1 217 1175-6 180 1028-31 170 1449-52 356 1052-62 219 1187-8 218 Book IV: 1033-42 231 1453-4 357 1068-HI7 222 1188-98 212 10-11 61 1047-59 233 1455 358 1068-70 403 1197-1201 219 12-14 365 1050-2 245 1465 360 1119 220 izo/)-8 196 24-28 26s 1053 246 1470-1 361 II20 228 1209 202 44-7 378 1069-70 133 1478 362 1123-4 227 1231-2 218 55 40 1104-6 307 1493 257 1132-7 231 1259-60 217 70-94 63 1118 Z02 1509-17 294 1133 230 1260 221 75 64 1120-1212 222 1518-9 284 1140 253 1262-5 220 76-7 70 1121 255 1521-4 306 1141-9 236 1268-9 222 96 71 1126-9 223 1528-42 404 1 142 237 1290 227 97 72 1156 217 1557 316 1146-9 238 1295-9 228 109-10 73 1156 221 1576 323 1147 239 1308-11 231 130-45 74 1159 220 1610-11 88 1148 240 1312-3 244 131-210 107 1176-7 196 1625-8 525 1148-9 241 1313 233 135 69 1178 198 1151 233 1315-6 114 149-91 105 1192-3 220 Book V : 1165 270 1325 255 213-4 14 1213-4 269 12-3 525 1175-6 255 1329-33 256 218-9 107 1241-3 276 56 173 1189-90 516 1331-2 280 360 118 1242 277 70-4 117 1203-6 233 1334 270 391-3 50 1245-9 271 88-9 105 1218-22 271 1345-8 149 392 43 1303-4 256 90 106 1223-S 276 1356-9 121 396-9 51 1305-27 258 144-5 38 1238 528 1360-1 233 400-is 39 1305 259 188 49 1242-77 257 1405-6 276 409 44 1308-10 260 203 528 1247 266 1409-10 272 417 41 1311-4 262 223 528 1247-51 297 1409-13 271 440-2 78 1313 263 269-70 42 1295-1301 297 1427-38 266 447-50 78 1317-8 266 292 43 1308-18 298 1436 267 455 66 1320 267 32s 345 1319-21 266 i44S-6a 257 461-74 79 1322 268 332 345 1327 283 1469-74 280 476 66 1323-s 269 336-9 39 1328 284 1480 297 477-88 80 1326-7 270 364 3" 1329-30 289 1490 28s 489 81 1331-7 280 494-5 82 1333 66 1491 276 490-j 83 1332 259 607-47 95 1335-7 292 1492-4 279 495 84 1350-1 284 617 98 1338-4* 293 149s 282 495-8 85 1352 299 640-41 Sa 1343 259 341 Book ' line 1J47-SI 1360-1 i}6i-3 13«S 1366-73 1388 1428 1436-68 1442 1469 1470-1 1470-s 1473-6 .1478 1483 1498 1530-1 1550-1 1555-60 1565 1566 1567-8 1581-1610 IJ88-1610 i6a8-33 1649-60 1661-4 1670 1674 1675 1704-5 1715-9 1723-S 1737 1753-5 1760 i795-« -1797-1801 1809-12 1823 1823-31 1825 1838 1874 1874-7 1878 1899 1903-13 1906-g 1917-8 2003 Book VI: 34 35 »33 152 290 346-8 394-433 429 462 473 482 r. Book VI: Book note line note line 2S0 48s 155 1650-4 108 S06-7 154 1650-73 120 510-19 157 1655-9 853 516-17 158 1661-j 205 S19 159 1662 119 519 3" 166s 44 521-2 54 1668-9 299 528-9 160 1674-s 259 559 162 1691-2 300 564 164 1694 301 574 165 1696 283 587 166 1698 284 591 3" 1702-3 309 591 159 1746 306 6ig 167 1771-7 302 642 168 1795-180C 302 653 130 1801 -2 3" 701-894 179 1838-9 3" 702-4 177 1997-8 446 702-4 178 2001 313 762-8 21 2013 314 792 94 2016 317 794 100 2017-22 318 812 153 2026-7 321 822-30 13s 2028 323 822-30 139 2032 306 831-56 144 2037-8 340 844-6 52 2040 341 890 183 2043-9 342 928-31 169 2051 393 937-1062 181 2056-8 334 975 27 2060 337 1065-6 181 2061-3 133 1078 iSs 280 1080 189 Book ^ 281 1082-4 191 1-2 39 1089 189 6-7 88 IIIO-I 184 10 297 1120 217 14 140 1122 221 22-3 139 1146-7 193 29-30 135 "53 194 3a 528 1211-2 194 38 343 1254-65 39 42-3 231 127s 19s 48-9 403 1374-6 21 58 272 1389 20 59-60 294 1397-I4OI 2IO 91-2 201 1408 2l8 94 276 1410-2 213 101 402 1418 214 131-2 1427-9 219 133 •' 1455-6 19s '39-45 7 1461-71 222 175-9 300 1462 226 205-7 7 1463 225 218 528 1465 217 219 26 1466 221 269-343 27 I51I-2 224 270-300 131 1528-32 228 276 33 1544-6 227 318 530 1555-9 230 373 528 1585-7 254 376-473 153 1587-91 255 1 396 VI: note 232 Z42 243 244 253 233 231 170 172 205 206 207 208 271 28 121 333 203 16 446 273 279 274 145 146 36 295 296 201 136 294 353 354 IS 14 24 303 529 20 25 326 309 309 23 321 22 303 20 105 303 105 232 309 292 321 65 107 20 284 15 85 45 Book line 443 472-3 489-571 523-7 S45-50 559-64 677-80 684-s 693-4 695-9 736 746 748-859 769 808-14 863 864-94 911 915-6 941 950-90 1029 1036-43 1105-25 II2I-5 1125 1152 1153 1207 I20g 1209-H 1215-8 1223-59 1250 1250 1264 1265 1267-71 1282-1302 1304-8 1309-16 1323 1377 1404-47 1439-40 1459 1462 1479-gi 1489-90 1574 1580-84 1591-a 1594-1641 1649-53 1681 1686 1707-9 1755 1762-3 1762-4 1808-14 VII: note 45 89 87 88 88 94 123 126 129 121 89 "5 139 528 52 106 105 30 213 26 131 132 151 154 160 161 253 162 175 176 153 531 21 133 134 139 13s 147 144 146 145 28 165 179 21 181 182 186 235 214 212 228 227 276 303 303 359 303 22 302 321 Book VIII: 22 365 Book line 128 130-S 130 131 Jt33 140 142-5 158-72 161-4 165-6 167-72 175-83 186 188-93 194-8 201-15 205-7 208 210 212-3 214-5 219 246 262-s 275 276 316-23 328 333-4 338-43 346 349-53 365-81 370 404-12 425 442-54 482-7 498-9 502-3 512-21 522-31 570-1 572-3 574 587-95 597-600 601-11 601-23 613-15 626-36 640-57 660-73 666 673-9 676-81 680 697 699-722 756-8 764-74 783-94 795-801 8ll-21 VIII: note 372 458 461 514 514 462 463 112 114 459 464 465 466 467 468 221 469 470 471 204 472 7 369 7 370 371 525 386 387 388 389 390 317 302 537 399 473 384 391 39* 38s 474 379 381 380 476 477 306 478 479 480 481 482 393 383 483 394 528 400 484 485 486 487 395 342 Book VIII: Book VIII: Book IX: Book :X : Book 'i CI: line note line note line note line note line note 822 488 1380-1 507 686 205 445-8 42 1332 139 824-30 396 1398-1408 280 689 207 452 S' 1349 17 831-2 489 1425-6 a8i 698-701 209 532-43 76 1421 329 859 401 1477 399 720 194 543-S 46 1623-4 334 875-8 107 1482 516 727 528 603-13 121 1633 335 875-81 490 1500-8 3.6 735 218 650 233 1641 336 898-900 514 1519 514 741 213 659-64 215 1645 337 906-49 491 1521-3 422 747-8 520 696 220 1663-9 294 950-61 492 1528-9 374 782-3 522 697-8 222 1665 296 983-95 403 1531-7 508 809-21 112 699-700 227 1666-7 295 983-95 222 1541-57 398 816-21 114 706-7 276 1729 359 999-1003 404 1558-9 509 837 235 710-4 257 1739-53 339 1003 405 1562-4 510 889-925 «27 743 414 1844 44 1017-26 493 1566-73 S" 982 517 752-74 307 1888-9 3" 1040 494 1576 512 983 518 777-8 312 1932-4 47 1043-53 406 1578-83 423 993 135 788-90 317 2041 528 1056-70 407 1580-1 424 994 139 821-9 337 2161-6 47 1064 276 1589-1601 338 1000 520 825 43 2279 429 1071 317 1633-4 512 1018 520 834-40 294 2414-5 435 1073-90 318 1637-1736 513 1048 528 846-7 339 1074 528 1 801 375 "33 222 849 341 Book XII: 1108-1381 408 1805-7 514 1149 134 855-68 338 106 442 IH9-25 409 1150 233 861-3 338 "3-5 443 1126 410 Book IX: | 1195-1202 276 880-1 50 118-23 433 I I 30-8 411 33 528 1213-26 284 893-4 304 124 434 I 141 -2 495 132 365 1225 286 897-900 SI 128 437 1146-52 412 145-7 520 1227 285 907 52 129-30 435 1157-64 413 214-5 521 1227 520 910-25 49 132-4 438 1162-4 496 240-41 520 1242 520 931-63 316 135-7 439 1170 414 249-50 515 1246-60 293 964 424 139-44 440 1172 497 262-3 135 1281 194 971-81 135 139 345 1176-7 415 262-3 139 1299 520 977-8 137 146 442 1180 516 276-8 98 1309-10 299 986-93 139 150-63 440 1182 514 284-6 520 1325 520 1073-81 21 167 444 1183-4 514 298-301 123 1333-5 520 1081-3 227 173-91 445 1185-7 222 335-75 128 1338-41 116 1454-70 139 192-6 45 1190-a 416 340 520 1341-66 302 1471-85 144 198-202 446 "93 29 347-8 520 1352-66 22 1499-1524 364 225 12 1194 31 368 520 1362-6 520 1869 528 229 2 1200 514 380 134 1366-81 520 1986-7 393 230 5 1221-5 498 381 133 1370 302 2067 528 231 12 1228-47 397 405 520 1371 20 2080-1 424 239-88 450 1240-2 499 445-8 247 1406 425 2108-11 442 245 432 1248 500 448-60 248 1421 329 258 430 1248 514 461-3 249 1437-8 355 Book XI: 272 449 1250-6 417 46s S20 1462-4 363 1-2 433 275-6 448 1256 501 468 233 1466-73 360 24 434 311-2 442 1264 286 473-4 247 1476-91 361 32 436 363 451 1266-7 288 476-7 250 1499 528 45-6 42 367-8 452 1267-8 291 501 156 1506 520 52 42 417 437 1283-92 502 523-S S16 1518-21 272 123 436 425 365 I296-I3OI 503 538-45 252 1527-38 274 186-258 441 446-9 453 I315-7 446 541 162 1532-8 519 433 437 654 528 1315-20 418 54« 163 1545-55 275 471-4 324 672-701 364 1318-20 504 559-61 170 1564 520 643 528 688 20 132a SI6 566 528 969 66 708 455 1325-7 505 566-8 174 Book X: "54 66 715-6 454 1337 528 569 426 3-6 527 1195 98 719-23 294 1339-40 419, 506 602 28 32-150 527 1198-1201 100 752-67 456 1352 57 625-35 129 2X2 431 1217 105 757-67 457 1373-6 420 646 522 2t6 4 1225 109 781 20 1378 421 653-8 200 217 5 1277 292 822-4 47 1379 259 681 520 283-S 431 1331 '35 873-4 539 SUBJECT-INDEX. Reference-numbers are to be interpreted as follows: In plain Arabic the reference is to note- numbers ; in Roman, to pages of the Old Yellow Book ; in Arabic preceded by p., to pages of the Essay. Acciaiuoli, Cardinal, 433 Advocatus Pauperum, 370 Aelian, 385 Arcangeli, Giacinto, 375, p. 271 his peroration, 513 letter of, 9, 450, ccxxxv, and p. 241 Art form of The Ring and the Book, p. 249 Baldeschi, Alessandro, 390 fragment of deposition, cxxx Agostinelli, Biagio, 315 fragment of deposition, cxxix Ambrose, St., 394, 483 Angelica, affidavit of, 1 10, xlix Baldi, Monna, 53 Baldo, 382 Bartolo, 382 Bernard, St., 480 Bishop of Arezzo : Pompilia appeals to, 139 his departure for Rome, 176 jetter of, 143, xci-ii Borsi, called Venerino, 205 imprisoned for helping flight, 207 tried in Arezzo, v deposes to kissing in coach, 206 is dismissed, 208, viii Bottini, Giovanni Battista, of the Fisc, 368, p. 272 sophistry concerning love-letters, 247 kisses in coach, 209 clandestine visits, 170, 174 sleeping potion, 197; theft, 200 Browning, Mrs., in Pompilia, p. 281 Browning, R. B., 536, 185, p. 230 Caponsacchi, Giuseppe Maria, 26-34, and pp. 28£-9 Guide's first jealousy of, 128 Pompilia appeals to, 149, 150 Guido's further jealousy, 151, 152 plans going to Rome, 153 receives letter by Maria Contenti, 154 responds, 160 further letters, 167 charged with clandestine visits to Fran- ceschini home, 170 speaks with Pompilia at the window, . 177-9 shrinks from the undertaking, 182 hesitates two days, i8i his reasons for accompanying Pompilia, 179 arrival at Castelnuovo, 211 laic garb, 217 Guido faces him, 219 his defiance, 220 denies love-letters, 242-4 Caponsacchi, Giuseppe Maria — continued tried for flight and adultery, 269 makes deposition, 34, Ixxxviii condemned to three years at Civita, 271, xcix accused of visiting Comparini home, 293 his name used by Guido to gain admit- tance to Comparini home, 321 Carriage awaits fugitives, 192 Castelnuovo : fugitives reach, 184, 210-12 spend the night there, 215 overtaken by Guido, 219 arrested by the authorities of, 222, 226, 229 imprisoned at, 254 Pompilia's letter to her father from this prison, civ Castrensis, 398 Celestino, Fra: ministers to dying Pompilia, Ivii deposition as to her innocence, 353-5, Ivii Cenci, Beatrice, ci, p. 248 Cencini, Francesco, 9, 12, p. 238 letters addressed to, ccxxxv-ix Christ, pseudo-saying of, 393, 482 Civita Vecchia, Caponsacchi condemned to, 271, xcix Classic quotations used or adapted by poet, S14. 520 Clemente, Porta San, 189 Comfit-throwing at theatre, 131 Comparini, the: their social and financial condition, 63, 67, 69, 70 go to Arezzo, 94 in Arezzo, 95-9 threatened by the Governor of, 147 return to Rome, 100 dwell on Strada Paolina, 392 corpses exposed to view, 57 Comparini, Pietro, p. 285 financial troubles, 71, 72, 73 refuses Guido's proposal for his daughter, M indignation at the marriage, 87 in Arezzo, 97 sues for recovery of dowry, 260 appeals suit, 264 his will, clvi assumes cost of Pompilia's maintenance, 287 death of, 324 Comparini, Violante, 65, p. 285 plans marriage for Pompilia, 74 approached by Abate Paolo, 79 343 344 Comparini, Violante — continued cajoles Pietro, 8i carries through the secret marriage, 87 quiets Pietro's indignation, 88 in Arezzo, 96 reveals that Pompilia was not her daugh- ter, 103 her motive in the pretense, 107 death of, 323 Contenti, Maria Margherita, 54, 171 brings letter to Caponsacchi, 154 Conti, Canon Giovanni Battista, 35 his death, 36 Pompilia seeks his assistance, 145 Convertites, Santa Maria Magdalena Conver- iitarum, 276, 277, 351, 364 Cyriacus, 492 Dagger of Guido, 414 Decrees of court : banishing Caponsacchi, 271, xcix conveying Pompilia to the home of the Comparini, 284, civ establishing her innocence, 456, 457, cclix Divorce suit brought by Pompilia, 266 Divorce suit considered by Guido, 297 Dolabella, 491 Domus pro carcere, 286, civ Dowry: Pietro sues to recover, 260, p. 243 confirmed to Pompilia, 263 suit appealed, 264 Dowry of Pompilia, 91 Farinacci, 386, 526 Fellow-assassins : their names, 312 hired by Guido, 311 plot to slay Guido, 338 Fidei commissum, 69 Fisc (Fiscus Reverendae Camerae Apostol- icae), 368 Flight from Arezzo, 184 manner of, 187-195 Franceschini coat of arms, 47 Franceschini, Donna Beatrice, 44, 49, 117 Franceschini, Canon Girolamo, 51, 52 Franceschini, Guido, p. 275-9 portrait of, p. 243 his birth, 44 rank, 38 greed, 46 personal appearance, 45 clerical orders, 42 service of cardinal, 39 forges false statement of properties, 82 the clandestine wedding, 85 jealousy against Caponsacchi, 151, 152 threat because of comfit-throwing, 132 pursues fugitives, 202 faces Caponsacchi at Castelnuovo, 219 attacked by Pompilia, 227 forges love-letters, 233 charg^ Pompilia with theft, 201 with giving opiate, 196 returns to Arezzo, 256 seeks divorce from Pompilia, 297 sneers suffered by, 257 angered by child's birth, 306 Franceschini, Guido — continued hires assassins, 311, 312 reaches Rome, 317 lies in wait, 318 his dagger, 414 uses Caponsacchi's name at Comparini's door, 321 escapes after murder, 333-42 fails to get passport, 337 fellow-assassins plot to slay, 338 imprisoned, 345, 347 tried for murder, 365, p. 244 fragment of his deposition, cxxvii sentenced to death, 427, p. 246 final ministrations to, 433-7 carried to execution, 438-40 execution, 444-5 Franceschini, Abate Paolo, 50 forwards the marriage, 80 letter from Pompilia, Iv, Ixxxvii manages Guido's lawsuits, 256 certificate of his power of attorney, clvii appeals to Pope, 280 receives moneys, 200 authorizes Pompilia's return to Compa- rini home, 288 his disgrace, 305 leaves Rome, 304 part in planning the murder, 305 Franceschini, Count Tommaso, 48 Gaetano, 20 born, Dec. 18, 299 hidden away, 309 Gambassini, minority of, 424 George, St., 184 in Caponsacchi, 28, p. 288 Gomez, case of, 451 Governor of Arezzo : Pompilia appeals to, 135 threatens the Comparini, 137, 147 letter to Abate Paolo Franceschini, 138, Ixxxi-ii Gregory, St., 477 Guillichini, Signor: Pompilia appeals to, 146 tried and condemned, 295, v, vii, p. 244 Half Rome, 55, 56, 90; p. 240, 251, 254 Handkerchief as signal, 183 Honoris causa, 399 Horse Inn, 189, 191 Jerome, St., 476 Judith, 426 Lamparelli, n2 Laesa Majestas, 420 Lauria, Cardinal Frangois, 50, 85, 88 Lawyers in The Ring and Book, p. 271 Lawyer's monologues, p. 252 Letter from Pompilia to Abate Paolo, 112, 113, 114, Iv, Ixxxvii Letters in the book, 9, ccxxxv-ix Lorenzo in Lucina, San, 14, 24, 57, 85, 351, 529 and p. 256 Love-letters, 121, 150, 169, xcii-xcix found at Castelnuovo, 231 their contents, 157, 236-41 a forgery, 23 3_ Bottini's sophistry concerning, 247 345 Luogo di monte, 533 Mannaia, 441 Maria Magdalena Convertitarum, 276 Marriage, the, 76-81 Marzi-Medici, Vicenzo, Governor of Arezzo, 136 Matthaeus, 396 MTluccia, 340-341 Mollnes, 262 Molinos, S2S Motto, from Pindar for the Book, 538, p. i, p. 230 Murder qualified by assembling men, 409 by forbidden arms, 413 by home-breaking, 417 by disguise, 418 by insult to law, 419-20 Murder trial, 365, pp. 244, 245 Nerli, Cardinal, 39 Old Yellow Book: its name, i title-page, 2 motto from Pindar, 538, i, p. 230 its contents, 4, 5, p. 238 size, 10 printing by Papal Press, 6 order of pamphlets, 524 its history, p. 236 collected by Cencini, 9, 12 Browning's peculiar interest in it, p. 246 his fidelity to it, p. 255 Opiate, 196, 238, 241 Other Half Rome, 59, 75, 90, p. 240, 251, 254 Ottoboni, Curate, 25 Pallavicino, Monsignor, 7 Panciatichi, Cardinal, 433 Panimolle, 397 Pasquini, Minority of, 424 Patrizi, 346 Paul, St., 383, 483 Piazza del Popolo, 442 Plot of assassins to slay Guido, 338 Poisoning, Pompilia's fear of, 133 Pompilia, pp. 280-5 her name, 14 baptismal record, 14, civ parentage and birth, 103, 105 witnesses to parentage, 261 clandestine wedding, 85 abuse suffered in Arezzo, n6 dowry retained, 263 letter to Abate Paolo, 112-4, Iv, Ixxxvii explanation of letter, liv Guido accuses her, 123-8, 173 tells of comfit-throwing, 131 appeals to Bishop, 139-42 to Governor, 135-8 to Confessor Romano, 144 to Conti, 145 to Guillichini, 146 to Caponsacchi, 149, 150 speaks to Caponsacchi, 177-9 suffers two days delay, 181 takes clothes and trinkets, 199-200 attacks Guido at Castelnuovo, 227, p. 284 arrested, 222 imprisoned, 255 Pompilia— continued letter written from prison, 19, civ tried for flight and adultery, 269 accused of theft, 201 affidavit as to flight, 18, Ivi, Ixxxii declaration as to arrival at Castelnuovo, 212 unable to write, 235, 248 removed from Scalette, 283 returns to Comparini, 284 bond to keep home as prison, civ sues for divorce, 266, p. 244 tried and condemned in Arezzo, 294, v- viii, p. 244 assassinated, 325-9 miraculously survives four days, 348, 349 dying hours, 354-9 dying moments reported by Fra Celestino, Ivii death record of, 24, 351, p. 280 decree of court clearing her reputation, 456, 4S7. cclix, p. 245 Browning's attitude toward, p. 282 her beauty, i6, p. 281 love for Caponsacchi, p. 283 drawn in part from Mrs. Browning, p. 28 1 drawn from the Virgin Mary, 281 Pope Innocent XII, 62, p. 270 appealed to by Abate Paolo, 280 returns appeal, 281 refuses final appeal for Guide's life, 430 reading from Papal history, 527 Post horses refused Guido, 335 Praejudicium tertii, 534 Prisons, New: Caponsacchi and Pompilia imprisoned there, 255 Guido imprisoned, 345 Processus fugte, n2, 232-234, 269 Procurator Pauperum, 374 Pursuit of the assassins, 333-342 Qualifying circumstances of murder, 408-20 Quotations adapted from the Book, 461-513 Referenda Camera Apostotica, 6 Ring, the, 539 Romano, Pompilia appeals to, in, 144 Rota, Tribunal of the Sacred, 262 Samson, 481 Scalette, 276 Scaliger, 391 Secondary source, p. 207-13, p. 242 Sentence against Guido, p. 246 Signature of Justice, Tribunal of, 262 Slanderous pamphlets, 109 Solomon, 479 Spirito, Porta San, 193 Spreti, Desiderio, 370 Stinche, 294 Theodoric, 384 Tighetti, 353, p. 245 Tommati, A. C, 7, 262 Torrione, 189 Venturini, Signor, f, 270, 456 Vigil, torture, 386-9, 526, p. 254 Vittiano, 311 Vittoria, Via, 66