The Old Yellow Book Part 26

This cause, in which the Franceschini were not obliged to have hand for mere honour's sake, was seen to have its chief motive in selfishness. Therefore there was not a company where the conduct of one or the other party was not censured. For this reason the Religious Order of Malta gave secret intimation to Abate Paolo that he should resign his office. At the loss of this honourable post, rein was given to the evil tongues of his adversaries. This put Abate Paolo in such straits that, ashamed to meet his dearest friends, he decided to leave Rome and to pa.s.s to a clime where information of the dishonour that so afflicted him would never come.

When Guido was informed of the departure of his brother and of the obligation resting on him of repairing the honour of his house, he thought that to go into voluntary exile, as his brother had done, would only prove the baseness of his own mind. For he had been justly charged with this, since at the time he had overtaken his wife with her abductor he had failed in that very place to take the vengeance which was demanded at his hands.

In due time Pompilia had given birth to a son, who was sent out of the house by the Comparini to nurse. Thereupon every one believed, and especially Violante, that the ties of blood would move Guido to a reconciliation with his wife. For in spite of their declaration that Pompilia was not their daughter, the minds of the Comparini might still be disposed to some reconciliation. But Guido's thought was quite different, for he was continually stirred, even in the absence of Abate Paolo, to plot the removal from this world of the entire memory of his dishonour by the death of Pompilia, Pietro, and Violante, and possibly of still others.

Guido had in his employ, in the country, a daring and wicked labourer [Alessandro Baldeschi] to whom he often exaggerated the shame which his wife and the Comparini had brought upon his house. To him Guido revealed that with his a.s.sistance he wished to purge with their blood the stain to his honour. The cut-throat straightway accepted and declared that, if there were need of other company, he had three or four friends for whom he would vouch. Guido replied that he should take three bold and trusty ones to make sure against any possible resistance, and should use all care to secure them at the lowest possible price.

When all had been agreed upon, and arms suitable for the affair had been prepared, Guido, with his four companions in disguise, secretly took the road to Rome. Reaching the home of the Comparini at eight o'clock in the evening, one of them knocked at the door, and when Pietro responded, the murderer told him that he had a letter to give him which had been sent from Civita Vecchia by Caponsacchi. When the women heard this they told Pietro to have him come back again next morning, urging him not to open the door. But he was curious about the news from Caponsacchi, and when the murderer replied that he could not come back in the morning, as he was obliged to leave that night, he opened the fatal door and thereby admitted his own death and that of Violante and Pompilia.

Guido in a transport of rage leaped in with two companions, leaving the others on guard. They first dealt the poor old man many blows, and deprived him of life before he could lift his voice. Scarcely had the unfortunate women seen this when, transfixed with like wounds, they suffered the same fate. Upon the unfortunate Pompilia fell the blows of her husband, accompanied with countless insults, and after he had trampled her several times under foot and wounded her anew, not trusting his own fury, he told his companions to see if she were really dead. One of them lifted her by the hair and let her fall again, and a.s.sured Guido that she was no longer alive.

When this barbarous murder had been concluded and the money agreed upon had been paid to the cut-throats, Guido wished to leave them, but they would not allow him to desert them for fear that one might kill another, as frequently happens for hiding such misdeeds. Or else the murderers, while united with their leader, had agreed to kill Guido as they thought he might have a large sum of money. Hence they did not consent to his leaving them and they took the road toward Arezzo together, which they agreed to make on foot, as they could not secure posthorses.

From these repeated wounds Pietro and Violante were quite dead, but not Pompilia, though her wounds were more numerous. For because of her innocence she was especially helped by the divine mercy, and she knew so well how to feign death that she deceived the murderers. When she saw that they were gone, with her dying breath she mustered sufficient strength of voice to make the neighbours hear her cries for help.

They found her in the last extremities, and eagerly ministered first to her soul and then to her body. Her wounds were so numerous and of such a nature that although they did not immediately kill her, they made her death certain. This occurred a few days later, to the sorrow of all those who a.s.sisted her and who had knowledge of this pitiable case. The fort.i.tude with which she suffered the pains of her treatment caused as much wonder as her resignation to the Divine Will caused love. She not only did not blame the cruelty of her husband, but with fervent prayers she besought G.o.d to pardon him. The compa.s.sion of her a.s.sistants both for her soul and for her body I attest by the following sworn statement concerning not only her innocence, but the happy pa.s.sage of her pure soul to heaven. [Then follow the affidavits of Fra Celestino and others given in _The Book_].

Divine justice, which would not suffer so atrocious a deed to go unpunished, caused the criminals to be overtaken by the authorities at the break of dawn at an inn a few miles from Rome. For when they had eaten a little, they went to sleep by the fire, fatigued by the journey and overcome with drowsiness. The police rushed violently in upon them and, pointing carbines at their b.r.e.a.s.t.s, a.s.sailed and bound them at once. They were straightway taken to the New Prisons, and the Governor apprised the Pope of this barbarous murder and of the arrest of the guilty. He gave commands that, without delay and with all rigour, trial should be brought, this being a case which, by reason of the consequences which might arise from it, should be examined into with very special attention.

Far less torment than would seem to be necessary had to be applied to get the confession of the murderers and of Guido, who more than the rest had stood by his denial. But at the sight of torment he had not the heart to resist longer and confessed fully, saying indeed that the crime had had no other motive than the reparation of his honour which had been so publicly offended. This was a matter which any common man would have undertaken, not to speak of himself, who was a gentleman; and if on his first examination he denied the truth of this, he had done so lest he might injure his companions, who had aided him in a deed worthy of all sympathy, because he had honour as his sole end.

With the confession of Guido and its ratification by the rest, the process was finished, and they were sentenced, the cut-throats to the gallows and Guido to mannaia, a means of death conceded rather out of respect for his being in clerical orders than for any other reason.

The Advocate and Procurator of the Poor had written so ably in their defence on the point of honour that there is no memory of more learned arguments. But the features of the crime were so many (and all of them punishable with death) that they were overcome no less by their nature than by their number. Among such features was the bearing of arms prohibited under capital penalty, the death of Pietro and Violante who were not accomplices in the flight of Pompilia, the murder while a lawsuit was pending, and in their own home, which place the authorities had with the consent of Guido a.s.signed to Pompilia as a secure prison. The many other weighty charges which displayed the great learning of the defenders were the just cause of the death of the accused. Yet with the usual hope of all those who make confession of capital crime, Guido flattered himself that he could save his life by reason of his honour. At the unexpected announcement he did not give up to such a frenzy as frequently follows in those who experience so terrible a disaster, but, as if stupefied, after a few minutes he heaved a deep sigh, accompanied by a few tears, which by their extraordinary size showed dying symptoms. He said: "I well feared a heavy sentence, but not that of death. My crime is great, but love of honour has never suffered me to perceive what it was until now that sentence has been pa.s.sed, which I hold in such reverence that I wish to appeal only to G.o.d, to whom alone I turn for the only mercy.

Without His will I should never have reached this awful pa.s.s, 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 compa.s.sionate Frati and showed such signs of true contrition that their prayers were accompanied by tears rather than by exhortations.

His four accomplices did not submit themselves with the same readiness, for as they were of lower birth so were they less swayed by reason, which would render them impressible to the punishment they had merited. The oldest [Baldeschi] and youngest [Agostinelli] were the most obstinate, the one from having a heart hardened by so many years of evil life, and the other being all too sensitive to so harsh a punishment for a single crime, in the very flower of his youth, without ever having spilled a drop of blood, and with the sole fault of having been induced to stand as guard at a door through which Guido had had to pa.s.s, to purge himself of the stains to his honour by the blood of his foes. As the hour of execution drew nearer, the stubbornness of these wretches so increased that the Frati despaired of their repentance. At last the Divine Mercy, which works miracles when we least expect it, entered their hearts and gloriously demonstrated His omnipotence. They finally trusted in G.o.d, 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 G.o.d after such a hard contest, the execution pa.s.sed from the New Prisons at Tor di Nonna to the scaffold raised in the Piazza del Popolo in view of the gate and of the Corso. In the midst was the block on a lofty scaffold, larger than usual and with steps made with particular care; on the two sides the gallows were placed at equal distances. In spite of the vastness of the Piazza, not a single foot was left which had not been occupied by stands, which were covered with tapestry and other ornaments forming a theatre for festal celebrations rather than for a solemn tragedy.

His four companions preceded Guido, each of them in a separate cart, a.s.sisted by the devotion of the accustomed Frati [The Brotherhood of Death], and followed by a countless concourse of people praying for a blessed departure, which in view of their contrite resignation seemed not at all doubtful and even a certain hope. Rarely did Guido Franceschini turn his eyes from the crucifix, except when nature, overwearied by the steadfastness of his gaze, made him turn away his head but not his heart, which had been wholly given to his Creator so that none was left for himself.

When he had reached the Piazza di Pasquino, and the cart had stopped before the church of Agonizzanti, where on days of public execution it is customary to offer the Sacrament to the delinquents condemned to death and therewith to bless them, Guido knelt and began to recite, in a voice quite audible to bystanders, certain verses of the _Miserere_, and among them this, "Hide thy face from my sins and blot out all mine iniquities." He accompanied this with such signs of sorrow and penitence that the people by their tears showed no less grief than the one condemned.

With equal devotion his companions received the same blessing, but the behaviour of the youngest [Agostinelli] was remarkable beyond belief, who beside himself with his love of Heaven and of G.o.d, by his expressions which exceeded his own capacity, confounded the wisdom of his pious a.s.sistants.

Thence by the most densely populated streets they continued the journey to the Piazza del Popolo, where they all died, Guido last, with those acts of contrition which their preparation had shown. As the youngest had displayed most blessed signs during life, so it pleased G.o.d 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 a.s.sured the people of his salvation as his untimely death had aroused their pity.

Rome has never seen an execution with a greater concourse of people, nor does it remember a case on which there was such general talk as on this. Some defended the Comparini, because they had suffered abuse, others the Franceschini as it was a matter of honour. But, on looking at the matter dispa.s.sionately, they were adjudged to be equally guilty, except that Pompilia, who was entirely ignorant of the truth, was without blame; for she had consented to the marriage at the command of her mother without the knowledge of her father, and had fled from her husband for fear of death with which he had often unjustly threatened her.

From trickery arose the union of these two houses, from the Franceschini in frauds regarding property they did not possess, from the Comparini by the pretended birth, or by this very pretence if the birth were real. The trick arose from greed of gain in Pietro to secure the trust moneys for himself, and in the Franceschini to minister to their own ease; so all was done contrary to laws both human and divine. Hence a bad beginning was followed with a wretched ending, as has been told above.

NOTES AND COMMENT

1. _t.i.tle-page_ (p. 1). The ma.n.u.script t.i.tle-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 ma.n.u.script 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 inst.i.tuted 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 a.s.sa.s.sination 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 a.s.sist 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 a.s.sumed 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 Convert.i.tes (_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 Convert.i.tes._ Within a month after the death of Pompilia the Nunnery of _Sta. Maria Maddalena delle Convert.i.te 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 Ill.u.s.trious 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 t.i.tle and imprint on the right half of the final page of each of these official pamphlets was evidently for convenience in filing the doc.u.ments 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 circ.u.mstances 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.