The Most Illustrious Francesco de Gambi, Procurator General of
the Fisc, and of the Reverend Apostolic Chamber.
The Honourable Giovanni Maria Serbucci, Procurator and Manager
of the lawsuit brought by the former Guido Franceschini.
The Honourable Francesco Paracciani, Procurator of the
Venerable Monastery Santa Maria Magdalena of the Convertites in
the Corso.
Against the Procurator General of the Fisc, etc. He says that no
sentence can be given, unless in favour of the Fisc, and so far as,
etc., insists that he be granted delay for the purpose, and in the
meantime they cannot go on to any expediting of the cause, except for
reason given in full court, and by the vote of the Lords thereof, and
by testimony of the opposition in prison, and without citing all who
have interest, etc., this 18th day of August, 1698.
FRANCESCO GAMBI, _Procurator General of the Fisc_.
I have made the above citation against the Fisc personally this day,
and against the others by copy, which was sent to their homes, this
August 18, 1698.
BALATRESIUS.
ALOYSIUS PICHIUS, _Substitute for the Fiscal General_.
_August 19, 1698._
When he had made statement of fact, Antonio Lamparelli, Procurator,
presented his case and petitioned as above. Thereupon the Most
Illustrious and Most Excellent Lord, Marcus Antonius Venturinus,
J.V.D., who holds the judicial bench, for the Most Illustrious and
Most Reverend Governor of our dear City in criminal cases, gave
sentence, as in this schedule, which he has taken in his own hands,
has seen, read, and subscribed, and given and consigned to me as a
notary for publication of the following tenor, etc., in the presence
of Antonio Bernardino Piceno and Antonio Toparino of Caprarola,
witnesses, etc.
In favour of Domenico Tighetti, in the name, etc., against the Fisc
and those consorting with him in the suit.
In the name of Christ, whom we have invoked, we who sit for this
Tribunal, and who have only God before our eyes, give this as our
definitive sentence, which we offer in these writings by the advice of
those skilled in law, in the cause or causes which have been tried
before ourselves in the first place, or in the second, and which are
now being considered, between Domenico Tighetti, as heir-beneficiary
of the former Francesca Pompilia, wife of the former Guido
Franceschini of Arezzo, on the one part; and the Fisc and Giovanni
Maria Serbucci as Procurator and Manager of the lawsuit of the former
Guido Franceschini, and Francesco Paracciani, Procurator of the
Monastery of Santa Maria Magdalena of the Convertites in the Corso,
for all their rights and parts in that interest, on the other part;
concerning and upon the pretended adultery committed by the said
former Francesca Pompilia with Canon Giuseppe Maria Caponsacchi, and
as regards other matters in the conduct of the cause or causes of this
kind, more fully deduced, etc. By authority of the decree for the
remission of the case, which was made by the Most Illustrious and Most
Reverend Auditor S.S., by the acts of Pascasius, concerning which in
the conduct, etc., and for cause given in the Court, and by vote of
the same, we say, pronounce, declare, and finally adjudge from what
has been newly deduced, that _proof is not established as regards the
pretended adultery_, and therefore the memory of the same Francesca
Pompilia should be and is _entirely_ restored to her pristine good
name and reputation; and that the same Domenico Tighetti, in whose
name the above was deduced, should be and is absolved and liberated
from each and all disquietudes, molestations, vexations, and
perturbations brought, or threatened to be brought, by occasion of
these as on account of the statement of these we have restored,
absolved, and freed him, as above. And for this restitution and
absolution and freedom, we wish and command that it be held as law
that the suit or suits, of whatever nature, which have been brought
thereupon be abolished, as we abolish them. And we charge that
perpetual silence be imposed upon the Fisc and his consorts in the
suit. And we have thus spoken, pronounced, declared, and finally given
sentence, not only, etc.
I, Marcus Antonius Venturinus, who hold the judicial bench have so
pronounced.
Given on this 19th day of August, in the presence of Antonio
Bernardino Piceno, and Antonio Toparino of Caprarola, Witnesses, etc.
By the Most Illustrious Governor of the City in criminal cases,
or the Most Excellent Lord Venturini.
Let the undernamed be cited for learning the appeal, and its lawful
prosecution for the first time, at the aforesaid instance of Domenico
Tighetti, as principal heir-beneficiary of the aforesaid Francesca
Pompilia, formerly wife of Guido Franceschini: