“Romana Homicidiorum”—nay, (120)
Better translate—“A Roman murder-case:
“Position of the entire criminal cause
“Of Guido Franceschini, nobleman,
“With certain Four the cutthroats in his pay,
“Tried, all five, and found guilty and put to death
“By heading or hanging as befitted ranks,
“At Rome on February Twenty-Two,
“Since our salvation Sixteen Ninety Eight:
“Wherein it is disputed if, and when,
“Husbands may kill adulterous wives, yet ’scape (130)
“The customary forfeit.”
So ran the title-page: murder, or else
Legitimate punishment of the other crime,
Accounted murder by mistake,—just that
And no more, in a Latin cramp enough
When the law had her eloquence to launch,
But interfilleted with Italian streaks
When testimony stooped to mother-tongue,—
That, was this old square yellow book about. (140)
Lay gold (beseech you, hold that figure fast!)
So, in this book lay absolutely truth,
Fanciless fact, the documents indeed,
Primary lawyer-pleadings for, against,
The aforesaid Five; real summed-up circumstance
Adduced in proof of these on either side,
Put forth and printed, as the practice was,
At Rome, in the Apostolic Chamber’s type,
And so submitted to the eye o’ the Court (150)
Presided over by His Reverence
Rome’s Governor and Criminal Judge,—the trial
Itself, to all intents, being then as now
Here in the book and nowise out of it;
Seeing, there properly was no judgment-bar,
No bringing of accuser and accused,
And whoso judged both parties, face to face
Before some court, as we conceive of courts.
There was a Hall of Justice; that came last:
For justice had a chamber by the hall (160)
Where she took evidence first, summed up the same,
Then sent accuser and accused alike,
In person of the advocate of each,
To weigh that evidence’ worth, arrange, array
The battle. ’Twas the so-styled Fisc began,
Pleaded (and since he only spoke in print
The printed voice of him lives now as then)
The public Prosecutor—“Murder’s proved;
“With five … what we call qualities of bad,
“Worse, worst, and yet worse still, and still worse yet;
“Crest over crest crowning the cockatrice, (170)
“That beggar hell’s regalia to enrich
“Count Guido Franceschini: punish him!”
Thus was the paper put before the court
In the next stage (no noisy work at all),
To study at ease. In due time like reply
Came from the so-styled Patron of the Poor,
Official mouthpiece of the five accused
Too poor to fee a better,—Guido’s luck
Or else his fellows’, which, I hardly know,— (180)
An outbreak as of wonder at the world,
A fury fit of outraged innocence,
A passion of betrayed simplicity:
“Punish Count Guido? For what crime, what hint
“O’ the colour of a crime, inform us first!
“Reward him rather! Recognise, we say,
“In the deed done, a righteous judgment dealt!
“All conscience and all courage,—there’s our Count
“Charactered in a word; and, what’s more strange,
“He had companionship in privilege, (190)
“Found four courageous conscientious friends:
“Absolve, applaud all five, as props of law,
“Sustainers of society!—perchance
“A trifle over-hasty with the hand
“To hold her tottering ark, had tumbled else;
“But that’s a splendid fault whereat we wink,
“Wishing your cold correctness sparkled so!”
Thus paper second followed paper first,
Thus did the two join issue—nay, the four,
Each pleader having an adjunct. “True, he killed (200)
“—So to speak—in a certain sort—his wife,
“But laudably, since thus it happed!” quoth one:
Whereat, more witness and the case postponed,
“Thus it happed not, since thus he did the deed,
“And proved himself thereby portentousest
“Of cutthroats and a prodigy of crime,
“As the woman that he slaughtered was a saint,
“Martyr and miracle!” quoth the other to match:
Again, more witness, and the case postponed.
“A miracle, ay—of lust and impudence; (210)
“Hear my new reasons!” interposed the first:
“—Coupled with more of mine!” pursued his peer.
“Beside, the precedents, the authorities!”
From both at once a cry with an echo, that!
That was a firebrand at each fox’s tail
Unleashed in a cornfield: soon spread flare enough,
As hurtled thither and there heaped themselves
From earth’s four corners, all authority
And precedent for putting wives to death,
Or letting wives live, sinful as they seem. (220)
How legislated, now, in this respect,
Solon and his Athenians? Quote the code
Of Romulus and Rome! Justinian speak!
Nor modern Baldo, Bartolo be dumb!
The Roman voice was potent, plentiful;
Cornelia de Sicariis hurried to help
Pompeia de Parricidiis; Julia de
Something-or-other jostled Lex this-and-that;
King Solomon confirmed Apostle Paul:
That nice decision of Dolabella, eh? (230)
That pregnant instance of Theodoric, oh!
Down to that choice example Ælian gives
(An instance I find much insisted on)
Of the elephant who, brute-beast though he were,
Yet understood and punished on the spot
His master’s naughty spouse and faithless friend;
A true tale which has edified each child,
Much more shall flourish favoured by our court!
Pages of proof this way, and that way proof,
And always—once again the case postponed. (240)
Thus wrangled, brangled, jangled they a month,
—Only on paper, pleadings all in print,
Nor ever was, except i’ the brains of men,
More noise by word of mouth than you hear now—
Till the court cut all short with “Judged, your
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