NOTES AND COMMENT

1. _Title-page_ (p. 1). The manuscript title-page of the _Book_ is

closely paraphrased by Browning, _R.B._ 1. 122-31, the word "position"

being used as the equivalent of Italian _posizione_.

2. _The Index_ (p. 3) (Italian, _indice_) is a manuscript table of

contents, evidently supplied by the original collector.

3. _A Transcript of the sentence against Pompilia_ (pp. 5-7) in the

Criminal Courts of Arezzo, dated February 15, 1697 (for 1698).

Parallel with the Process of Flight (_see_ Note 18) in Rome, the

Franceschini family evidently instituted criminal proceedings in

Arezzo against the fugitive Pompilia, charging her with theft and

adultery. Signor Guillichini and the driver Borsi were included in the

action as accessory to the crime. The Franceschini were able to secure

the condemnation here which was not obtainable in Rome. Under security

of this sentence, granted in December 1697, Guido could safely go on

with the assassination of his wife, so far as Tuscan law was

concerned. The transcript in the _Book_ is dated February 15, while

the murder trial was at a crisis, and was probably sent to Rome by

Signor Cencini to assist Guido in his peril. It is noteworthy that

Guido did not include Caponsacchi in his accusation in Arezzo.

4. _Romana Homicidiorum._ The frequently repeated designation of the

case--_Romana causa homicidiorum_--Roman trial for murders.

5. _Hyacinthus de Archangelis_ (Italian, _Giacinto Arcangeli_),

_Procurator Pauperum_, was Guido's chief defender, not an attorney

employed privately by the defendant, but an official States' attorney

for the defence. The Roman court procedure in all cases assumed the

right and obligation of the State to conduct both sides of a criminal

case.

6. _Desiderius Spretus, Advocatus Pauperum_, was the co-defender of

the accused. Humphrey's _Urbs et Orbis_, p. 428, makes plain the

respective functions of the two attorneys: "The advocate is a man

skilled in civil and canon law, who defends causes in writing or by

word of mouth, on the point of law, setting before the judges that

which is true in law, or best founded in law, or the principles of law

which ought to be applied in a particular case. His is the scientific

part of the cause, and he speaks only to the point of law. Matters of

fact are to be established by the procurators, and it is upon these

established facts that the advocate develops his judicial

conclusions."

7. _Joannes Baptista Bottinius, Fisci et Cam. Apost. Advoc._ (Advocate

of the Fisc, or Treasury, and of the Reverend Apostolic Chamber), the

chief prosecutor of the criminals, with functions equivalent to those

of the prosecuting or States Attorney in the Common Law. Browning

continually used the clipt form, Fisc.

8. _Franciscus de Gambis, Procurator Fisci_, was the coadjutor in the

prosecution, opening the case in Pamphlet 5, but thereafter playing

little part in the case.

9. _Antonius Lamparellus, Procurator Charitatis_, the attorney who, in

Pamphlet 17, defended the memory of the dead Pompilia for her heir and

against both the Franceschini family and the Nunnery of Convertites

(_see_ Note 10), both of whom were accusing her memory to gain her

estate. This trial in the criminal court of the Governor, took place

between the death of Guido, February 22, and May 17, 1698. The

decision "for absolution" was made _definitive_ by the decree of

court, September 9, 1698 (Pamphlet 18).

10. _The Nunnery of the Convertites._ Within a month after the death

of Pompilia the Nunnery of _Sta. Maria Maddalena delle Convertite al

Corso_ (founded 1520 _pro mulieribus ab inhonesta vita ad honestam se

convertentibus_) laid claim to the whole of Pompilia's property on the

ground of their privilege of receiving the property of women of evil

life who died in Rome.

11. _Most Illustrious and Most Reverend Lord Governor._ All the

arguments and the summaries of evidence in the murder case are

addressed to the Governor of Rome, but the Vice-Governor, Judge

Venturini, seems to have presided in his stead.

12. The title and imprint on the right half of the final page of each

of these official pamphlets was evidently for convenience in filing

the documents when folded into bundles. The imprint _Typis Rev. Cam.

Apost._ (Type of the Reverend Apostolic Chamber), is the official

imprint of the Papal press.

13. _The Deposition of Angelica_ (pp. 49-53). Angelica, a domestic in

the Franceschini home during January 1697, while the Comparini were

living in Arezzo with their son-in-law, was probably carried back to

Rome by the Comparini on their return to Rome that she might serve as

a witness to the poverty and parsimony of Guido. She makes her

affidavit at Rome, June 24, 1694, evidently for use in the suit

brought by Comparini to recover the dowry paid with Pompilia. How far

it is true and how far it is the prejudiced and bitter word of a

resentful servant who had been kicked out of doors, we cannot say. But

its publication through court procedure must have been bitterly

humiliating to the Franceschini. What was worse, the Comparini

probably used this as a part of the slanderous stories they took pains

to print and circulate in Rome (p. 181).

14. _Diverse Attestations_ (p. 53). These attestations, made June 17,

1697, nearly seven weeks after the arrest of Pompilia at Castelnuovo,

were evidently secured by her lawyers for her defence in the Process

of Flight (Note 18).

15. _The letters of Signori Romani and Albergotti_ are undated, but

were probably written soon after the departure of the Comparini from

Arezzo in 1694.

16. _Pompilia's Letter to Abate Paolo_ (pp. 56-7). The much discussed

letter of Pompilia to Abate Paolo, dated June 14, 1694, full of

calumniation of her parents, who had left Arezzo only three months

before, could not have been written by the fourteen-year-old girl

voluntarily. Guido must have composed it as a counter attack on the

Comparini, who were bringing suit against him at Rome, and were

loading him with shame.

17. _The Attestations of Fra Celestino and Others_ (pp. 57-60), dated

January 10, only four days after the death of Pompilia, was given at

the instance of Pompilia's executor, Tighetti. It is a most important

piece of evidence, and is cited repeatedly during the trial. Its

genuineness and sincerity are beyond question, and Browning gained

from it most of his faith in the innocence and saintly patience of

Pompilia.

18. _Process of Flight._ After the arrest of Pompilia and Caponsacchi

at Castelnuovo they were taken to Rome and lodged in prison. They were

soon brought to trial on the criminal charge of adulterous elopement.

The case seems to have been in the same court which tried Guido for

murder eight months later, and probably continued in a desultory

fashion all summer. In this case both of the accused made the

deposition later included in the _Book_. In this trial also, Guido

tried to introduce the testimony of the harlot-servant, Maria

Margherita, and the love-letters. The case was never decided so far as

Pompilia was concerned.

19. _The Deposition of Pompilia_ (pp. 90-5), dated May 13, 1697, two

weeks after her arrest at Castelnuovo, giving the causes of her flight

from her husband's home, was made by Pompilia for her own defence in

the Process of Flight. The marginal comments, adverse to her, are, of

course, the prejudiced comments of Guido's lawyers.

20. _The Deposition of Caponsacchi_ (pp. 95-8), made about the same

time and under the same circumstances for the Process of Flight, was

reintroduced as evidence in the murder case, but there is no reason to

think that Caponsacchi was brought into the latter case in any other

way.

21. _The Love-Letters_ (pp. 99-106). These letters are one of the most

elaborately discussed pieces of evidence in the _Book_. Guido claimed

to have found them at the inn of Castelnuovo after the arrest of the

fugitives, and he offered them in court during the Process of Flight,

as a proof of adultery in his wife, but they were thrown out by the

court. Their conventional fine-letter-writing, their studied innuendo

and finesse, were quite beyond the capacity of an illiterate girl like

Pompilia. They were probably composed by Guido, and if so, they prove

that he was basely scheming to drive his wife into dishonourable

flight that he might disgrace her and cast her off. The eighteenth

letter was specifically denied by Caponsacchi in his cross-examination.

22. _The Sentence of Relegation_ (p. 106) for three years in Civita

Vecchia was decreed against Caponsacchi at the close of the Process of

Flight in September, 1697. It is commensurate with priestly

indiscretion rather than with crime.

23. _The Account of Fact_ (Pamphlet 10). This anonymous Italian

pamphlet is not at all a part of the official record of the murder

case. It has no imprint and is in entirely different face of type, and

must have been printed privately for circulation outside the courts.

While much less technical and formal than the arguments of the

lawyers, and much more studious of popular effects, it slips back

repeatedly into the thought and the language of Arcangeli, the

defender of Guido. It probably suggested Half-Rome in _The Ring and

the Book_.

24. _The Response_ (Pamphlet 15) is a highly rhetorical, but

effective, retort to the anonymous writer. It was written during the

later stage of the murder trial, and was probably the work of Signor

Bottini. It likewise is without imprint and signature, but may have

been broadly scattered throughout Rome.

25. "_To keep to this home of Pietro ... as a prison_," _Domus pro

Carcere_ (p. 159). For a month after the sentence against Caponsacchi,

Pompilia was kept prisoner in the refuge called the _Scalette_--a

provision for her safekeeping, not a punishment. On October 12, she

was permitted to give bond to keep the home of her foster parents, the

Comparini, as a prison, _Domus pro carcere_, sentence against her

being suspended.

26. _The Scalette._ The _Conservatorio di S. Croce della Penitenza

alla Lungara_ was an institution for penitent women, founded 1615, and

popularly called _Scalette_, because of the two adjoining stairways.

Browning confuses this institution with the Convertites (Note 10).

27. _Baptismal Record of Pompilia_ (p. 159). This note, taken from the

parish record of San Lorenzo, in Lucina, enables Browning to make the

exact statement of Pompilia's age and her full name, as given in the

opening lines of her monologue.

28. _Pompilia's Letter_ (p. 160) to her foster parents, written from

prison at Castelnuovo only two days after her arrest, is her plea to

them for assistance. It was probably cited as evidence in the Process

of Flight.

29. _The Will of Pietro Comparini_ (pp. 160-1), evidently drawn up

after he had learned Pompilia was not his own daughter, and before her

return to Rome, aimed to prevent her being disinherited for that

reason. Its personal tone is good, and it is almost the only

first-hand evidence of the character of Pietro to be found in the

_Book_.

30. _Power of Attorney_ (p. 162). Under date of October 7, 1694, Guido

grants full power of attorney to Abate Paolo, who was representing him

in the lawsuits in Rome and in other matters of business.

31. _Arcangeli's Manuscript Letter_ (pp. 235-6). On February 22, 1698,

only a few hours after the execution of Guido, Signor Arcangeli, his

legal defender, announces the end of the case to Signor Cencini, the

Florentine lawyer who collected the _Book_, and who seems to have been

professionally related to the Franceschini family, as he had sent

certain "proofs" to assist the cause of Guido, probably including the

report of the criminal condemnation of Pompilia in the Tuscan courts.

(_See_ Note 3). This letter is reproduced by Browning, _R. B._ XII.

239-98.

32. _The Other Letters_ (pp. 237-8), written on the same day and to

Signor Cencini, give a few additional details. The writers seem to

have been professionally associated with the Franceschini family.

33. _Francesca Pompilia_, foster daughter of the Comparini, _b._ July

17, 1680; was married to Guido Franceschini, December 1693; fled from

her husband's home in Arezzo, April 29, 1697; arrested at Castelnuovo,

May 1; wrote to her foster parents from her prison at Castelnuovo, May

3; made deposition in Rome concerning her flight, May 13; was on trial

for flight and adultery during the summer of 1697; was placed in the

convent of the _Scalette_, September 1697; removed to the home of the

Comparini as prison, October 12, 1697; gave birth to a son, Gaetano,

December 18, 1697; was assassinated January 2, 1698; died January 6.

34. _Giuseppe Maria Caponsacchi_, _b._ May 26, 1673, was invested

Canon of the Church of Santa Maria della Pieve, November 26, 1693, and

resigned "of his own accord," May 15, 1702. He is referred to in the

_Book_ as a man of courage, and his words as he faced Guido at

Castelnuovo are significant: "I am a man, and have done what I have

that I might save your wife from death." His affidavit is convincingly

straightforward, in spite of certain discrepancies with Pompilia's

statements, and there is evident moral indignation in his replies

under cross-examination. His participation in the dangerous flight in

mere amorous intrigue seems unbelievably foolish, and could hardly

have been carried through save on the motive he assigns, courageous

"Christian compassion." In September 1697 he went to Civita Vecchia

under sentence of three years' relegation.

35. _Canon Conti_, called the "mediator in the flight," was brother of

Count Aldobrandini, who had married Guido's sister, and Conti is

accordingly spoken of as a "relative and frequenter of the

Franceschini home." He had been invested Canon of the Pieve, August

14, 1692. He must have been fully informed of Pompilia's sufferings,

and to him she turned at last for help. Deeming it improper for

himself to afford her relief, he urged his friend Caponsacchi to

accompany her. No criminal procedure was instituted against him in

Arezzo when Pompilia and Guillichini were accused. He died January

1698, and the Second Anonymous Pamphleteer hints that this was due to

foul play.

36. _Guido Franceschini_, _b._ January 24, 1658, the youngest son of

an impoverished, second-rate, noble family of Arezzo, had sought his

fortunes in Rome, where he became secretary of Cardinal Nerli. He

dropped out of this service in middle life, with hardly a dollar in

his pocket, and planned to recoup his fortunes by marriage with

Pompilia, the heiress of the well-to-do Comparini. After the marriage

in December 1693, the Comparini accompanied him back to Arezzo. He

seems to have been unattractive and saturnine, and later on proved

himself both crafty and brutal.

37. _Abate Paolo Franceschini_, _b._ October 28, 1650, the older,

shrewder, and more able brother of Guido, was more successful in

seeking his fortunes in the official world of Rome. He became

secretary of the powerful Cardinal Lauria, and on the death of the

latter, November 30, 1693, obtained the lucrative office of Secretary

of the Order of St. John of Malta. He assisted Guido in effecting the

marriage with Pompilia, and was his active agent in Rome during the

lawsuits which followed. In 1697 he lost his secretaryship because of

the ignominy which had come upon him in Guido's shameful troubles, and

left Rome, possibly, as he is accused by the Second Anonymous

Pamphleteer, to assist in planning the murder of the Comparini.

38. _Honoris Causa._ As the fact of the murders by Guido and his

cut-throats was subject to no dispute, the whole law case turns on the

question whether these murders had been _for the sake of honour_, the

ever repeated plea of the unwritten law for the right of the husband

to slay a wife sinning against her wifehood. The lawyer's devote

themselves to ascertaining the limitations and privileges of this

plea.

39. _Incontinenti, Ex Intervallo._ There is much argument on the

justification for honour's sake in murder done _immediately_ after the

insult, or _after an interval_ of time has elapsed. In the latter

case, the murder becomes premeditated, and is not justifiable on the

ground of excusable heat of passion at an insult.

40. _The Aggravating Circumstances._ The prosecution makes much of the

attendant criminal circumstances which surrounded the main crime of

murder. These are first, the assembling of a band of armed men,

constituting the crime of rebellion; second, the murder of a prisoner

while under the care of the courts, Pompilia being technically a

prisoner detained in the Process of Flight; third, the assault upon

opponents in a pending lawsuit, the Comparini then being at law with

Guido; fourth, the violent breaking into a private home; fifth, the

commission of crime under cover of disguise; sixth, the use of certain

types of barbarous weapon, the very possession of which was a capital

offence. The first three of these were _laesa majestas_, criminal

insult to the majesty of the law.

41. _San Lorenzo in Lucina._ This church in the heart of Rome just off

the Corso, and not very far from the home of the Comparini at the

corner of Via Vittoria, and Strada Paolina, was evidently the parish

church of the Comparini, as both the birth and death of Pompilia are

entered in its register.

42. _Castelnuovo._ A village of but a few houses, fifteen miles north

of Rome. The inn and posthouse where Pompilia and Caponsacchi were

overtaken by Guido thus became one of the most important scenes in the

tragedy.

43. _Torture of the Vigil._ Guido and his companions were tortured

thus, to get fuller testimony from them. This torture consisted

originally in merely keeping the victim awake until he told his crime.

Later on his confession was accelerated by auxiliary devices for

intensifying the suffering of the subject.

44. Browning has taken the peroration used in the first lawyer's

monologue, _R. B._ VIII. 1637-1736, directly from the peroration of

Arcangeli in Pamphlet 8, p. 130.

45. The description of the execution as given in _R. B._ XII. 113 _et

seq._, is taken from the additional Italian pamphlet, pp. 265-6.

46. In like manner _R. B._ VIII. 587-683, is closely drawn from the

_Book_, pp. 153-4, with an interpolation in lines 640-57 from page

226. More than fifty of such word to word borrowings from the _Book_

are made in this monologue.

The Old Yellow Book: Source of Robert Browning's The Ring and the Book · 第 96 / 97 题