Act of protest 1761 - a man demands his wife and her unpaid dowry

A free translation of the central section of an act of protest before Notary Potito d'Autilia, 15 May 1761 in Ascoli Satriano (ref: Archivo di Stato Foggia prot 4261 f.46).

In response to a request made to us in the presence of the Regio Giudice and the correct number of witnesses, on behalf of Angelo Grassi of the city of Ascoli in the case against the widow Clara Giordano and Giuseppe Galotto.

.....

He [Angelo] swears that the above mentioned widow and Giuseppe Galotto arranged the marriage contract between himself and Geronima Galotto, daughter and sister respectively of the widow Clara and Giuseppe. The promised dowry was stipulated by the said parties with the help of the Rev. Archpriest Don Cristofaro Visciola with an agreement to register it with a notary.

Although asked many times to meet the terms of the said contract, the said Chiara [sic] and Giuseppe have under various pretexts refused and still refuse to do so. But the said Geronima Galotto is still living in the house of her mother and brother, although she has been married for some time and although the said Angelo has shown himself most ready to accept her into his own house as his wife, provided that the said dowry givers fulfil the terms of the said contract as stated in the foglia (a formal list of dowry property).

As they have failed to do so, with the present act of protest He formally protests against the said persons for not having met any of their contractual obligations and also against the continuing residence of the said Geronima in the house of her mother and brother. He also protests the damages, expenses and costs, and every other possible legal grounds, on account of the long delayed payment of the goods promised as dowry in the said marriage contract.

Note

Angelo and Geronima had been married on 21 February of the same year. Her family had detained both her and the dowry for almost three months. This illustrates the recourse to legal sanctions available, even where the marriage contract was made in a semi-formal manner and registered later.