AN ACCOUNT OF THE FACTS AND GROUNDS OF THE FRANCESCHINI CASE

[PAMPHLET 10.]

The property of Pietro Comparini did not amount to more than the sum

of 10,000 or 12,000 scudi, subject to a reversionary interest, coupled

likewise with the obligation to compound a good percentage of the

income. He, therefore, had to live sparingly to avoid being reduced to

a state of destitution, there being a bar against his use of the

capital and of a part of the income. He was also too indulgent to his

stomach and was given to laziness, and furthermore had taken a wife

with a very small dowry. Then lawsuits came upon him, the income of

his bonds was reduced, and other misfortunes befell him, so that he

was brought down to a state poor and miserable enough. So much so that

he was several times arrested for debt and, after making a statement

of his property, received from the Papal Palace secret alms each

month.

When he found himself in such straits, he decided to marry off

Francesca Pompilia, his daughter, to some person who would undertake

the burden of supporting him together with his wife, Violante Peruzzi,

who was a very shrewd woman and of great loquacity. It was with her

advice that he had undertaken the affair, and the marriage with Count

Guido Franceschini was considered suitable. For when the latter had

conducted his new wife and her parents back to Arezzo, his own

country, he might be able to find some opportune remedy for their

necessities, by the assistance in Rome of Abate Paolo Franceschini his

brother, an active and diligent man; thereby putting in order the

patrimony of Pietro which had been sequestered and tied up by his

creditors. Therefore, when the dowry had been set at twenty-six bonds,

with added hope of future succession to the rest of his property by

virtue of the reversionary interest to which the wife was entitled,

the bargain was accepted. This bargain was advantageous to Pietro and

his wife in freeing them from the straits in which they found

themselves. And it was likewise advantageous to the Franceschini, as

the diligence of the Abate, and some temporary expenditure by their

house well attests. For they might well believe that they would gain

in time the aforesaid property either entire, or little decreased.

Such from the beginning were the mutual purposes of that unhappy

marriage. From this fact one may see how slight a pretext there is for

saying that Count Guido, while making the arrangements, had tricked

Pietro and his wife by giving an inventory of property with an annual

income of 1700 scudi, which income was later proved to be much less,

because the primary end for which the marriage was concluded might

very well have been obtained by showing a much smaller income. For it

is known that when this inventory was shown by Violante to Pietro

Comparini, he said on seeing it: "Ho, ho, it would have been enough

for me if it had been only half as much." And indeed it would have

been the greatest stupidity in Pietro to have given his daughter a

husband, upon the simple inventory of a foreigner and without finding

out if this were true, so that the real impelling cause of the

marriage had been the resources represented in the said inventory. Not

even on the mere grounds of propriety and civility may Guido be

reproved; because when the said inventory was produced by Pietro in

the trial, the Abate Paolo Franceschini was very much surprised at it,

so that he took his brother to task about it by letter, and Guido

replied that he had done it at the instigation of Violante. For she

desired the completion of the marriage, and, seeing Pietro irresolute,

she induced Guido to give the abovesaid inventory, with some

modifications, for the purpose of stimulating her husband thereto.

The marriage was finally effected, and they all went back together to

the city of Arezzo. Nor were the Comparini mistreated there, as they

tried to prove by the unauthoritative deposition of a servant, who had

left the house in anger. One mere reading of this deposition is enough

to assure one that she did this with a bad motive and at the

instigation of others, as she herself has declared to various persons.

This deposition shows sickeningly the distasteful prejudice with which

it was conceived, and especially where she says that a little sucking

lamb was made to serve as food for seven or eight persons throughout

an entire week. And there are other matters alike unfit for belief.

[The Comparini] were indeed treated with all consideration and

decorum, as Monsignor the Bishop and the Governor of the city attest;

and they are persons much better qualified to judge and much more

worthy of belief than a malign and suborned servant. But you may also

have the attestation of one who was serving in that household for

thirteen months, during the time when the abovesaid Pietro and

Violante were there, and he is able to tell many particulars of the

good treatment which they received at the hands of the Franceschini.

It is quite true that disturbances of considerable importance arose in

that household; but they were occasioned by the bitter tongue of

Pietro and the haughtiness of Violante, his wife. For they laughed at

all the proceedings of the Franceschini, and thrusting themselves

forward, with pretence of superiority, they brought upon the mother of

the Franceschini, and upon the rest of the family, bitter vexations,

which were hidden at the time, to avoid violating the laws of

hospitality. And notwithstanding all this, when Pietro and his wife

decided to return to Rome, as soon as they expressed their wish, they

were provided with money for the journey, and in Rome with furniture

to put in order the house they had left.

As soon as Pietro and Violante arrived in Rome, a judicial notice was

dispatched at the instance of Pietro, in which he declared that

Francesca Pompilia was not really his daughter, and that therefore he

was not bound to discharge his promise of dowry. To prove this fact,

he brought the attestation of his wife Violante. In substance, she

declared that for the purpose of keeping her husband's creditors from

their rights, by virtue of the reversionary interest, and also for the

purpose of enjoying the income of the bonds, she had feigned that she

was pregnant, and then, with the aid of a midwife, that she had

brought forth a daughter. This was Francesca Pompilia, who had come of

a most vile parentage.

From this blameworthy act made public so suddenly throughout the

entire Court, there necessarily arose in the Franceschini an intense

hatred toward the authors of it. But they were able to restrain

themselves from the due resentment in the hope that if Francesca

Pompilia were not indeed the daughter of Pietro and Violante, as was

supposed at the time of the espousal, the marriage might be annulled

and they might thus purge themselves of such a blot on their

reputation. Witnesses of this feeling of theirs are found in the many

authorities and experts who were requested by the Franceschini to give

thought to that point and to express their opinion of it. But as these

did not agree, the Franceschini were unwilling then to commit

themselves to so doubtful an undertaking, in the prosecution of which

they would necessarily be obliged to presuppose and confess that she

was not the child of the Comparini. But by such a confession they

would be prejudiced in their interest in the dowry. And therefore they

thought well then to pass the matter by that they might avoid exposing

themselves to the danger both of losing the dowry and of being unable

to nullify the marriage.

Nevertheless they opposed the notice, and obtained for Francesca

Pompilia the continuance in quasi-possession of her daughtership and a

decree for the transfer of the dowry bonds. But Pietro appealed from

the decree, and the case was continued in the _Segnatura di

Giustizia_. This was followed by the copious distribution of pamphlets

throughout Rome, which had been printed by Pietro to the very grave

injury of the honour of the Franceschini, not to say to their infamy.

But the latter were able to restrain the just resentment of their

irritated minds by cherishing the hope of making the court acknowledge

(as did follow), no less the falsehood of their adversaries than their

own truth. Supported by this hope, they subsequently bore with all

patience the many insults planned against them by various cliques, and

the twists and turns for hindering the transfer of the dowry bonds,

the Comparini having trumped up various creditors, whether real or

pretended. On account of this opposition, the Franceschini were made

to feel the inconvenience and expense of that transfer. Nor have they

had any benefit of the income; of which they have been able to obtain

not even a two months' payment.

To such a pitch had the affairs of the two parties come, when Guido,

waking up one morning, found that his wife was not in bed. As soon as

he arose, he found that his jewel-box had been rifled and his wife had

fled. Nor was the suspicion lacking that she had given an opiate to

Guido and the entire household the preceding evening; and it was

thought that this had happened at the suggestion of Pietro and

Violante, as he had more than once heard threats of it. He travelled

quickly along the way to Rome, and after a headlong journey he

overtook his fugitive wife, in company with Canon Caponsacchi of

Arezzo, at the inn of Castelnuovo. And as he was alone and unarmed,

and they were armed and resolute, he saw that he was unequal to

avenging that excess. He therefore thought it well to have them

arrested by applying to the authorities of the said place. The court

had both of the fugitives captured by the police. They were consigned

to the jurisdiction of Monsignor the Governor of Rome, and were then

conducted to the New Prisons.

The Fisc, indeed, makes much out of the particular that Franceschini

should have avenged his insults in the act of overtaking them; but, as

an adequate response, one should think of the impossibility of his

carrying out his revenge because of their precaution in the matter of

arms, for Franceschini had heard along the way that the fugitives were

travelling armed. In proof of this, also, when his wife saw her

husband she had the hardihood to thrust at his life with bare sword.

For this reason it was prudent moderation to check their flight then

by arresting them. And this was all the more true because the adultery

of his wife had not then been proved, and possibly he had a repugnance

against imbuing his hands with the blood of her whom he had often held

in his arms, as long as any hope was left alive of regaining his

reputation in any other way than by her murder.

But afterward there were found the mutual love-letters of the same

fugitives, barefaced and immodest and preparatory to flight. And from

the cross-examination of the driver it became evident that during

their journey in the carriage they had done nothing else than kiss

each other impurely. And from the deposition of the host at

Castelnuovo, Guido found out that both of them had slept in the same

chamber. Finally, from the sentence or decree of the court in

condemnation of the Canon Caponsacchi to banishment to Civita Vecchia

for three years, for "having carnally known Francesca," the notoriety

and publicity of this adultery followed. Let any one who has the sense

of honour consider in what straits and perturbations of mind poor

Guido found himself, since even the very reasonless animals detest and

abominate the contamination of their conjugal tie, with all the

ferocity that natural instinct can suggest. They not only avenge the

immodesty of their companions by the death of the adulterer, but they

also avenge the outrages and injuries done to the reputation of their

masters. For Elian in his Natural History tells of an elephant which

avenged adultery for its master by the death of the wife and the

adulterer found together in the act of adultery. And there are other

examples also, as Tiraquelli cites. [Citation.]

But returning to the series of events, it must be stated that, after

the imprisonment of the fugitives, Guido also came on to Rome and was

deeply affected and, as it were, delirious because of the excesses of

his wife. He was comforted by his good friends with the hope that this

attempt at flight, taken along with the lack of decent parentage of

Francesca (under supposition of which he had contracted the marriage)

would facilitate the dissolution of that marriage, and in that way

all the blots upon his reputation would be cancelled. Hence, with this

hope he returned to his own country, leaving the management of the

affair to the Abate, his brother. The Secretary of Sacred Assembly of

the Council may be a witness of this; for Abate Paolo presented the

matter to him and entreated him to propose, in that sacred assembly,

this point of law as to the validity of the marriage then--that is,

after a criminal sentence in the Tribunal of Monsignor the Governor,

had been obtained.

In the meanwhile the same Abate attended to the plan of petitioning

the conclusion of the said criminal cause. When Pompilia, to avoid

conviction by the love-letters, had recourse to the falsehood that she

did not know how to write, it was easy for the Abate to convict her of

that lie by showing the marriage agreement signed with her own hand,

as well as by a Cardinal now dead, by means of the recognition of the

handwriting. But in spite of this, when the merits of the case had

been made known everywhere, the same Abate perceived that instead of

his being pitied, little by little every one began to laugh at him and

to deride him, as he has told several persons. Perchance the attempt

was being made to introduce into Rome the power of sinning against the

laws of God with impunity, along with the doctrine of Molinos and

philosophic sin, which has been checked by the authority of the Holy

Office. So many persons would desire to blot out from the minds of men

their esteem of honour and of reputation in order that they might sin

with impunity against the laws of men and might give opportunity to

adulterers without any check from disgrace or shame.

And it is certain that the Abate, seeing the cause unduly protracted,

had just grounds for placing it at the feet of our Lord [the Pope],

with a memorial in which he declared that he could no longer endure

such important and such various litigation and vexation arising from

that luckless marriage, and he prayed that a special sitting be

appointed for all the cases--that is the ones concerning her

daughtership, her flight, her adultery, the dowry, and others growing

out of the marriage as well as the one concerning its annulling. But

he had no other reply than: "The matter rests with the Judges." So,

with devout resignation to His Holiness, he awaited the outcome of the

said criminal trial, from which he hoped to regain, at least in part,

the reputation of his house.

In the meantime, Pietro Comparini was supplied with plenty of money

by the generosity of some unknown person, possibly a lover of the

young girl. He vaunted his triumph boldly in the throngs and the

shops, places of his accustomed resort, and he praised the resolution

and spirit of his daughter for having known how to trick the

Franceschini with a disgraceful flight and with the thievery of such

precious things, and for having found an expedient to give to the

judge in the trial such good replies with all details thereof. He also

boasted that in a little while she would return to his home despite

the Franceschini. For he would bring so many lawsuits and scandals

upon them that they would be forced to be silent and to let matters

run on. For these statements we can have the attestations of many

persons, in case they are needed. Therefore, because of such stinging

boasts and such irritations, the mind of Guido was ever more

embittered in spite of all the power he could master for restraining

the impetus of his anger which had been provoked by such injuries.

Francesca Pompilia had been previously transferred from the prisons

into the Refuge called _della Scalette_, where she stayed for some

months. Then it was discovered that she was pregnant, and many

attempts were made to secure an abortion. For this purpose, powders

and other drugs were given several times by the mother. As this proved

useless, she was remanded to the home of Pietro and Violante on the

pretext of an obstruction and the necessity of relieving herself.

There, at the approach of the physicians, her pregnancy was

discovered. The truth is, that when her womb began to grow, the nuns

did not wish for her confinement to take place within their walls, and

therefore a pretext was found for removing her on the grounds of the

said obstruction and the necessity of removing it.

Now at this point the Abate found it necessary to break the bonds of

his forbearance: for although it was indirectly that he was offended,

that is, in the person and honour of his brother, nevertheless it

seemed to him that every man's face had become a looking-glass, in

which was mirrored the image of the ridicule of his house. Therefore,

being humiliated, though he was strong and constant in other matters,

he often burst into bitterest tears, until he felt very much inclined

to throw himself into the river, as he indeed declared to all his

friends. And to free himself from such imminent danger, he decided to

abandon Rome, the Court, his hopes and possessions, his affectionate

and powerful patrons, and whatever property he had accumulated during

thirty years in the same City. Any one may imagine with what pain he

parted from these and went to a strange and unknown clime, where he

would not meet the fierceness of his scorners, who had been merited

neither by himself nor his household.

But the injury of Guido, arising from a sharper and severer wound,

within his very vitals as a husband, had the power to arouse his anger

even to the extreme. Nor did he consider it sufficient redress to

punish himself with voluntary exile for the crimes of others; for such

a resolution might be considered by the world as a plain proof of his

weakness and cowardice. He soon had sure information that, during the

month of December, Pompilia had given birth to a boy in the home of

the Comparini, which child had been intrusted secretly to a nurse. He

also heard that the infamy of the friendship with the said Canon had

been continued, inasmuch as he was received as a guest into the said

home (as was said). For like a vulture, Caponsacchi wheeled round and

round those walls, that he might put beak and talons into the desired

flesh for the increase of Guido's disgrace. Guido accordingly felt the

wildest commotion in his blood, which urged him to find refuge for

himself even in the most desperate of determinations.

In the meantime he turned over again and again, as in delirium, his

sinister thoughts, reflecting that he was abhorred by his friends,

avoided by his relatives, and pointed at with the finger of scorn by

every one in his own country. And the word went abroad that in Rome

they were selling his reputation at an infamous market. (This matter

has moved the treasurer of the Convertites, since the death of

Pompilia, to begin proceedings and to take possession of her

property.) Added to the above were the continual rebukes which he

received because of his lost honour, so that he became utterly drunk

with fury. He left Arezzo with desperate thoughts, and when he had

reached Rome he went to that home which was the asylum of his

disgraces. Nor could he have any doubt how much the very name of the

adulterer was respected; for when Guido made pretence of delivering a

letter of his sending, the doors were immediately thrown open; and so,

scarcely had he set his foot upon the threshold, before he saw his

dishonour proving itself before his very face; of which dishonour he

had heretofore had only a distant impression in his imagination. Then

bold and triumphant, he no longer feared to upbraid her with unmasked

face for all the insults which had been inflicted upon his honour in

that household; and as he looked all around at those walls incrusted

with his heaviest insults, and with his infamy, the dams of his

reason gave way and he fell headlong into that miserable ruin of

plunging himself with deadly catastrophe into the blood of the

oppressors of his reputation.

There is no doubt that Franceschini has committed the crime of a

desperate man, and that his mind, when it was so furious, was totally

destitute of reason. As he had lost his property, his wife, and his

honour, there was nothing else for him to lose unless it were his

miserable life. For, as Paolo Zacchia, the learned philosopher and

jurist, says in speaking of anger in man: "Such and so great is its

force that it does not differ at all from insanity and fury." Galenus

very clearly affirms this, adding that when in law it is known that

crimes are committed in such a state, they are punished with a smaller

penalty, even though it has to do with the very atrocious crime of

parricide. Calder [Citation] also gives many other matters on our

point in No. 27 and the following numbers. And these theoretic

propositions are verified in actual practice in Guido; for he was so

utterly mad and void of reason that he entered upon so great an

undertaking even at an hour of the night when many people were around.

And after that he took no precaution, such as any other person of

sound mind would have taken in governing his actions. He set out by

the high road on his journey of about seventy miles from the outskirts

of the city without providing any vehicles, as if he were merely a

traveller leaving Rome. These circumstances are plain evidences of an

offended and delirious mind. [Citations.] St. Jerome writes in his

letters:

"Where honour is absent, there is contempt; and where contempt is,

there is recurring insult; and where insult, there indignation; and

where indignation, there is no quiet; and where quiet is wanting,

there the mind is often thrown from its balance."

Nor in this case does the legal distinction enter as to whether the

one driven by anger committed the crime in the first impulse of anger,

or after an interval of time. For this distinction might have a place

when the anger arose from an insult in some transitory deed, and one

that was not permanent. But in the case we are treating, the insult

provocative of anger consisted of frequent and reiterated acts; that

is, not so much in the passing of the wife from the nunnery to the

home of Pietro under an empty and ridiculous pretence, but still more

from her staying in the said home with the aggravating circumstance of

his own infamy (as has been said above). Accordingly, as the injury is

permanent because of the continual affronts which the injured one

received, so the vengeance is understood to be taken immediately and

without any interval. This the defenders of the cause have

sufficiently proved in their no less erudite than learned writings

with their very strong arguments and their unsurpassable learning.

Nor does it amount to anything for one to say that the crime was

aggravated, first, by the kind of arms used; for Virgil [A. I. 150]

says: _Furor arma ministrat_; nor, secondly, by the company of four,

or let us say the conventicle; nor, thirdly, by the place, the excess,

or the other circumstances considered by the Fisc. For in a madman,

everything is excusable, as it is axiomatic and a very sure principle

that nature then arises in such a way that it drives a man from

himself, in whatever manner is possible, etc. In conformity therewith,

Fracosto speaks as follows: "And in truth an ingenuous mind, and one

that knows the value of its own honour and reputation, is very

painfully offended in a part so sensitive and so delicate; and at such

a time reaches the limit of madness and of desperation; for it has

lost the light of reason, and in delirium and frenzy cannot be

satisfied even if it succeed in turning upside down, if that were

possible, the very hinges of the Universe, for the purpose of

annihilating not merely the authors but the places and the memory of

its insults and shames." For "the rage and fury of a man does not spare

in the day of vengeance, nor does it grant the prayers of any, nor

does it accept in requital many gifts," as the Holy Spirit speaks on

this point, through the mouth of Solomon, in the sixth chapter of

Proverbs, at the end. With this very well agrees what St. Bernard has

very learnedly written in his letter to his nephew Robert at the

beginning: "Anger indeed does not deliberate very much, nor has it a

sense of shame, nor does it follow reason, nor fear the loss of

dignity, nor obey the law, nor acquiesce in its judgment, and ignores

all method and order."

There is no doubt that Samson reached this pitch when he fell into the

power of his enemies. He suffered with an intrepid mind the loss of

his eyes and other grievous disasters, but when he saw that he was

destined to serve as a pastime in public places, and when he there

heard the jeers and derision of the people, the anger in his breast

was inflamed, so that, all madness and fury, he cried out: "Let me die

along with the Philistines." And giving a shake to the columns which

sustained the palace he reduced it to ruin: "And he killed many more

in his death than he had killed while alive," as the Holy Scripture

testifies. And Christ himself, although he was very mild, and had the

greatest patience while receiving opprobrium and insults without ever

complaining, yet answered, when he knew that his honour was touched,

"My honour I will give to no one." And it is certain that any one who

cares for honour and reputation would rather die an honoured man

beneath _mannaia_ than live for many ages in the face of the world

with shame and dishonour.

This argument, strong as it is, has succeeded in weakening one wise

and earnest adherent of the Fisc. And this is why the very learned pen

of Monsignor of the Fisc has uttered the following period, which says:

"But because the Comparini claimed that the furnishing of food to

Francesca while in prison was the duty of Franceschini, and the latter

declared that it belonged to the Comparini, the Most Illustrious and

Reverend Lord Governor, after having the consent of Abate Paolo, own

brother of Guido, and his representative in the case, assigned the

home of the same Comparini to Francesca as a safe and secure prison

under security." But this fact can be clearly explained so that it

will not form an objection.

When Francesca Pompilia was about to be taken from the prison to the

nunnery, Abate Franceschini was asked to provide the food, with the

statement that if he refused there would appear a third and unknown

person who would assume the burden of it to their dishonour. Therefore

the Abate wished once for all to put an end to any chance of receiving

new insults; and to avoid every charge of preserving even the

slightest sign of relation with this disgraceful sister-in-law,

accepted a middle way proposed to him, namely, that Lamparelli, as

Procurator of Charity, should make provision for it by the

disbursement of his own funds and should pay it back again by what

reasonably belonged to the Franceschini; for he reimbursed himself for

it with the money which had been found upon the fugitives, and which

had been stolen from the husband; at her capture, this money was

placed on deposit in the office, where there remained so much of it

still that, after all was over, the balance of it was consigned to the

same Abate.

And as when the said Francesca was transferred from the nunnery to the

home of Violante, all the preceding and succeeding circumstances made

it very improbable that the Abate gave his consent, and as this

consent is not found registered among those acts, it seems very clear

that it was not given at all. Nor could he legally give it, for he was

not the representative of his brother in that matter; for his

authorisation confined him solely to the power of receiving back the

money and other things which were deposited in the office. This is

proved by his acts and by the story which the Abate then gave to his

friends and relatives; and it utterly destroys the assertion of the

Fisc, since Abate Paolo says that he was indeed notified that the

young woman was obliged to find relief in an indisposition, certified

by a physician, and that she was obliged to leave the nunnery and to

go back to her father's home. To this, as it seemed a mere pretence,

he replied that he could easily undertake to purge the wife in the

nunnery without exposing her to such evident danger of greater shame.

He also said that he wondered very much that the affection of a father

had so suddenly returned in Pietro Comparini for Pompilia, whom he and

his wife had so often denied as their daughter. He wondered how they

could both be, and not be, the parents of the said woman, according to

their own desires to the injury of the house of Franceschini.

And if the solicitor, for the purpose of giving colour to the honour

of the said lady, has falsely urged many justifications, it is to be

noted that in substance all that he says on that point is founded on

what with her own mouth she has said in her own favour and what she

has proffered to free herself from the blame of her sins, both at this

juncture and in the flight, as well as in the trial which may be

referred to; in fact, quite the contrary is evident; and from the

external tests which the Convertites intended to make, but from which

they abstained when they heard the news of the birth of the son. And

would that it had pleased God that she had observed the laws of holy

modesty! for in that case so great a misfortune would not have

resulted from her whims. We should notice, further, that the

declaration made by the wife in the face of death may be doubtful in

itself, in the sense that after confession and absolution one's sin is

cancelled as if it had never been committed, so that in a court of

justice she would no longer have any need of pardon. Therefore, from

the above-cited circumstances and very strong reasons, there is no

room to doubt that Franceschini deserves the indulgence which the laws

give to excesses that find origin from the stings of honour. And, if

we were within the circumstances under which the case ought to be

adjudged according to expediency, without any hesitation, Franceschini

should be punished mildly to diminish the force of immodesty and

impudence. For the woman is not without adherents, who triumph

throughout all Rome in a coterie of treachery, both in public and in

private. This is for the oppression and derision against husbands who

have regard for their reputation. And they give the title of pedantry

to that circumspection which one ought to practise for the

preservation of his own honour.

[File-title of Pamphlet 11.]

_By the Most Illustrious and Most

Reverend Lord Governor of the

City in Criminal Cases:_

_ROMAN MURDER-CASE

with qualifying circumstance._

_For the Fisc, against Count Guido Franceschini

and his Associates._

_Summary._

_At Rome, in the type of the Reverend Apostolic Chamber,

1698._

The Old Yellow Book: Source of Robert Browning's The Ring and the Book · 第 49 / 97 题