The Old Yellow Book Part 23

[in old writing.]

And according to the letter of Carolo Antonio Ugolinucci, May 17, 1698, I understand that the Criminal Court after two votes, decided on absolution.

INSTRUMENT OF FINAL JUDGMENT

[PAMPHLET 18.]

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 favour of Domenico Tighetti, as an heir beneficiary of the same Francesca Pompilia, from all disquietude, all molestations, vexations, and perturbations, brought or threatened to be brought by the Venerable Monastery of Saint Mary Magdalene of the Convert.i.tes in the Corso; together with the citations 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 pa.s.s on, as it has pa.s.sed on, to judgment, because no appeal has been interposed.

In the name of G.o.d, 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 citations made by my own act, and written below, and of the sentence rendered respectively of the following tenor, namely:

The Most Reverend and Most Ill.u.s.trious Governor in criminal matters:

Let the undernamed princ.i.p.als 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, 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 princ.i.p.al, or, etc.

NOTARY FOR THE POOR.

The Most Ill.u.s.trious 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 Convert.i.tes 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, _Subst.i.tute for the Fiscal General_.

_August 19, 1698._

When he had made statement of fact, Antonio Lamparelli, Procurator, presented his case and pet.i.tioned as above. Thereupon the Most Ill.u.s.trious and Most Excellent Lord, Marcus Antonius Venturinus, J.V.D., who holds the judicial bench, for the Most Ill.u.s.trious 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 G.o.d 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 Convert.i.tes 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 Ill.u.s.trious 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, p.r.o.nounce, 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 rest.i.tution 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, p.r.o.nounced, declared, and finally given sentence, not only, etc.

I, Marcus Antonius Venturinus, who hold the judicial bench have so p.r.o.nounced.

Given on this 19th day of August, in the presence of Antonio Bernardino Piceno, and Antonio Toparino of Caprarola, Witnesses, etc.

By the Most Ill.u.s.trious 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 princ.i.p.al heir-beneficiary of the aforesaid Francesca Pompilia, formerly wife of Guido Franceschini:

CHARITAS.

The Honourable Giovanni Maria Serbucci, as Procurator and Manager of the legal proceedings of the said former Guido Franceschini, as princ.i.p.al on the other side.

The Honourable Francesco Paracciani, the Procurator of the Venerable Monastery and Convent of St. Mary Magdalene of the Convert.i.tes in the Corso for all, etc.

I have made the said citation at his home, August 31, 1698.

MOLINELLUS.

_September 1, 1698._

When we had made statement of fact, R. D. Alexander Ca.s.sar, Subst.i.tute Procurator of Charity, appeared, pet.i.tioned, and was granted, as above.

By the Most Ill.u.s.trious Governor of the City in criminal causes, or by the Most Excellent Lord Venturini.

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, princ.i.p.al, or, etc.

CHARITAS.

D. Giovanni Maria Serbucci, as Procurator and Manager of the lawsuit brought by the former Guido Franceschini, as the princ.i.p.al on the other side.

D. Francesco Paracciani, Procurator on the other side for the Venerable Monastery and Convent of St. Mary Magdalene of the Convert.i.tes in the Corso, for all, etc.

September 1, 1698, I have made this.

MOLINELLUS.

By the Most Ill.u.s.trious Governor in criminal causes, or by the Most Excellent Lord Venturini.

September 3. When he had made statement of fact, R. D. Alexander Ca.s.sar, Subst.i.tute Procurator of the Poor, appeared, pet.i.tioned, 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 Domenico Tighetti, heir-beneficiary of the former Francesca Pompilia, wife of the former Guido Franceschini, as princ.i.p.al, or, etc.

CHARITAS.

D. Giovanni Maria Serbucci, as Procurator and Manager of the lawsuit brought by the former Guido Franceschini, as princ.i.p.al on the other side.

D. Francesco Paracciani, Procurator of the other side for the Venerable Monastery and Convent of Santa Maria Magdalena of the Convert.i.tes in the Corso, for all, etc.