Iudges is pronounced and executed which the other being reiected hath in fauour thereof more then halfe the suffrages No one citizē nor magistrate allowed for an absolute iudge or arbitrator in any thing Here me thinketh I shall not doe amisse to acquaint you with two statutes wisely enacted by our ancestors The first is that they would not by any meanes that any citizen no nor magistrate should bee an arbitrator without appeale in any thing but that the supreme right iudgement of all things shoulde belong to the councels or colledges And the other no lesse profitable then the former is that the Iudges should not openly with their tongue pronounce their opinions but secretly by suffrages the maner of which you haue heard either of which in my opinion grounded vpon exceeding reason First for so great an authority in determining matters to haue been cōmitted to one magistrate as it had beene dangerous so if now the matter fall by chaunce otherwise then well out the Citie cannot find fault with any particular citizens And with as great wisedome was it ordained that iudgementes and decrees should not bee openly with speech pronounced for the Iudges by this inuention of secret suffrages doe iudge much more freely then they woulde haue done if they had beene to deliuer their iudgementes with their tongue in which case sometimes eyther through ambition they wold haue been seduced from iustice or els feared the offence of their well deseruing friendes or els doubted the indignation and mislike of some greater person withal this commodity ther is that euery Iudge followeth his own iudgemēt without depending vpon the authority of any other Iudge which might easily happen that hee that had before spoken were reputed to be graue and wise which point hath not been omitted of excellent Philosophers but now seeing the whole manner of iudgementes is of vs expressed wee will returne to the forty iudges of Capitall causes of which I had begunne to speake Their Colledge was instituted of our City to the ende that the Aduocators making report vnto them of Capitall causes by their deliberation wicked men and malefactors might receiue condigne correction punishment for vnlesse it be in great and waightie matters and such as the commonwealthes may bee interessed by the decision of them the Aduocators doe neuer consult with the Senate and verie rarely with the great Councell but all Capitall causes are brought to this Colledge of the forty whose sentence is helde for ratifyed and firme without admitting any appeale Their office lasteth eight moneths after that they haue before spent sixteen moneths in determining of ciuill causes For there are in the common wealthes of Venice three The office of the forty criminall Iudges Courtes or Colledges euery one consisting of Forty iudges two of them are for the iudging and determining of ciuile causes and the thirde of which wee speake for Capitall but they are in this sort distributed that these forty Capitall Iudges so soone as they haue finished their lymited time of office do returne priuately into order and forthwith other forty are chosen into their places by the session of the great Councell and yet the forty new chosen doe not presently come to the iudging of Capitall causes but in place of these former Capitall Iudges doth the other Colledge of Forty succeede that did in the meane space of these eight moneths exercise the iudgemēt of ciuile causes within the City And againe in their place doth succeede the other Colledge of forty which also in this eight moneths space had the handling of ciuil-foreyne causes and in their place do succeed these last forty newly created and so by turne they passe from foreyn causes to causes of the city and lastly to those which are capital in which iudgements from one as I say to another they continue two years These three courts of iudges haue their three peculiar appellations The first of forreyne causes is called the new Colledge the second of homeciuil causes the old and the third that iudgeth vpon life and death the criminal Colledge these last forty beside the high power of their iudgement in capital offences and crimes are also admitted into the Senate and haue in that honorable Councell also their authority of sufrages They haue besides three heads or presidentes of their company which are euery two monethes chosen new by Lot and in their turnes they sit with the Duke and Councellers and haue with them equal authority of making report ouer of whatsoeuer they shal please eyther to the Senate or to the great Councell the same neuerthelesse in such manner as I tolde you before neyther without reason are these forty yonger men mingled with the Senators which are for the most part olde men in regarde that the heate of their nature maketh a temperature with the others coldnesse yet are not these young men equall in number to the olde men but much fewer onely inough to put some heat into the cold deliberatiōs of the Senate which somtimes exceeding in matters of some nature is necessarie Besides by this grant of Senator like authority to the forty there may seeme to bee in some forte a communication of the commonwealths gouernmēt with the lower and meaner sort of citizens such as for the most part they are that do exercise this office of the forty wherein our auncesters haue seemed to vse obserue a certaine kinde of popular lawe for to euery of these three Colledges of forty men there is a certain rated allowance of mony appointed and giuen for euery day that they shall assemble and meete and therefore very seldome do those that are rich require this office and if they should they would as easily be repulsed The honor thereof being without difficulty granted to the needier sort prouided alwaies that their life beare with it the fame of an honest conuersation by which meanes the pouerty of meane gentlemen is not only in some sort prouided for but alsoo the gouernment and administration of the common wealth is aswell in some sort communicated with the meaner and poorer sorte of Citizens as with those that are highliest remarkable eyther for riches or nobilitie which custome hath a reference to the popular estate By these thinges you may perceiue that there appeareth in eueriy parte of the Venetian common wealth that moderation and temperature which in the beginning of this worke I tolde you our auncesters did so highly indeuour to establish which is that the popular estate should haue an intelligence and mixture with that of the nobilitie yet the same in that order seasoned that the parts of the Nobilitie should bee both more in number and mightier in sway We haue now in my opinion sufficiently discoursed both of the Aduocators as also of the forty criminall Iudges who are to that ende instituted that they should carefully looke into all such offences as are any way notorious eyther through the qualitie of the
countrey or wickedly against any citizen or member thereof in particular or els it concerneth the iudgement and determination of litigious controuersies and ciuill causes Criminall and ciuill iudges Therefore are there also in Venice two kindes of Iudges the one seruing for the decision of ciuill causes the other for the iudgement of capital crimes of whom we will first speake and then of the other Some offences are esteemed to be small and light in regard of the proper nature of the offence or els of the condition of him that offended others are accounted to be more grieuous and of greater importance eyther through the qualitie of the misdeede it selfe or els through the nobility and degree of him that doth it whence it commeth that these capitall iudges are also diuided into two the one for matters of great moment and grieuous enormity the other for crimes lesse haynous and of smaller waight which diuision of iudgements as it was first ordained with an exceeding reason and founde foundation so hath experience approued it for allowable of high commendation we will first speake of the chiefest and then of the rest Besides those offences which we told you were committed to the censure of the tenne all other great and waightie crimes being by the Aduocators reported of and by the Colledge of fortie well pondered and debated are wont all to be determined and punnishment according to the qualitie of the crime to bee inflicted vpon those that shal be found faulty therein These forty that haue the examination handling of waighty criminall causes are commonly called the xl criminall Iudges we will speake of eyther but we will first begin with the Aduocators The office of the Aduocators The office of the Aduocators was in times passed in great authoritie and maruelous estimation the duety and function therereof being to defend the lawes pure and inuiolate without suffring them in any one point The Aduocators in Venice resemble the auncient Tribunes of the Romaine people ro be blemished so that their authority and power is much like vnto that of the Tribunes of the Romaine people but that they were to defend the liberty of the people and ours onely the force of the lawes so that in my iudgement they may and not vnfitly be tearmed the Tribunes of the lawes But we to auoide all ambiguities will still retaine the common and accustomed worde they onely pleaded and made report vnto the people but ours to the xl men for small causes for greater to the Senate for greatest of all to the greater Councell if so they shall thinke good so that in auncient time the anthority of this office was passing honorable But now since the mightinesse and encreased greatnesse of the Tenne this office is growen to bee of lesse account and the estimation thereof much obscured Neuerthelesse seeing there belongeth to this office so ample an authority of reporting in all causes but especially the guarding and defending of the lawes seeing that those which haue committed any excesse or crime seeme to haue broken and transgressed the lawes it seemed good that those offences should in a certaine peculiar sort bee corrected by the censure of the Aduocators though of themselues they haue not any authority of determining any thing absolutely against the offendors vnlesse it be in some small causes the rest are all ordered by the sentence of the Councell In this place I thinke it not from the purpose to explane The manner of capitall iudgements the manner and meane of capitall iudgements which are giuen vpon the reporte of the Aduocators seeing that vnlesse I be deceyued the like custome is not any where obserued withall I shall thereby the better and plainlier make you vnderstand what the authority is of this office of Aduocators When any crime or offence is brought before the Aduocators if the same be thought worthy of their censure then presently is he whose name is brought by some one of them the charge thereof belonging chiefly to three declared and argued to be guiltie and then report is thereof made ouer by him that argued him to what councell himselfe shall best like though vsually such matters are referred to the colledge of the xl which haue presidence and authority ouer capitall crimes iudgements And there the matter beeing well debated of the councel determineth whether the offender shal be put in prison or tortured or otherwise allowed to defend his cause at libertie who is either by the decree of the councell presently sent for or els secretly apprehended by the Officers and Sergeantes that attende vpon the Aduocators and then hee is eyther at libertie or as a prisoner examined vpon the matter he maketh his aunswere and witnesses and proofes are produced on each side and each particular registred in writing as well in the behalfe of the offendor as against him and a coppie thereof giuen him and a time of respite appointed him to instruct his Aduocators such as hee shall chuse to pleade for him and they likewise prouide themselues of such proofes and argumentes as may best serue for his defence and for the disproofe and confutation of such reasons and testimonies as shall be vrged against him and then the matter commeth to the pleading I cannot here ouerslip an ancient custome obserued of our forepassed elders euen vnto this age of ours which is that if any doe want meanes and abilitie to entertayne an Aduocate or Lawyer to pleade and defende his cause then are there two Aduocates appointed him at the charge of the commonwealth to speake and argue in the defence and maintenance of his right For thereof the lawes haue a speciall regarde Two aduocates appointed by the common-wealth to defend the cause of those that want meanes abilitie to entertaine them that no one doe receiue punishment without being first admitted to say what hee can in iustification of himselfe But after that due ceremonies are obserued with the offendor and all respectes and liberties afforded him that the defence of his cause requireth the aduocators doe warne the councell and a day is appointed for the tryall of his cause The Councell being assembled the accusation of the parties that stande vpon their tryall belongeth to the Aduocators who are in that behalfe to behaue themselues with great sharpenesse vehemence and seuerity euen in as inuectiue a manner if possible they could attaine and reach thereunto as that which Cicero vsed against Verres or Antonius yet so that they refrayne from vnseemely rayling and do not digresse or wander out of the matter with extremitie of spitefull words For whosoeuer maliciously raileth seemeth rather to bewray a mind intemperate and hatefull then any way to aduaunce the commonwealthes cause For in this point the matter is farre otherwise among the Venetians then it was in times passed among the Romaines Aunciently in Rome any citizen whatsoeuer might impleade another and with all bitternesse accuse him before
him against whome the former Iudges haue pronounced sentence that he may after three monthes though none of the Auditors intermeddle call his aduersary a fresh into A law lately made by which the authority of the Auditors is greatly diminished question by appeale vnto the Colledge by whose lawe the authoritie of the Auditors is greatly diminished yet neuerthelesse is their report of great auaile to the furtherance of the cause and besides the cutting of the delay of three monthes seemeth to be as a prerogatiue to the Iudges Presently vpon the Auditors report the former iudges were before our time summoned into the Colledge of the fortie and there eyther magistrate admitted to the maintenance of his cause by plea but now I know not by what negligence by little and little it is brought to passe that the former Iudges from whose sentences the appeale is brought doe neyther pleade nor bee so much as present at the handling of their cause in the Colledge of the forty onely being cited by an officer their answere is that that which lawe and iustice is may go forward But this custome that the auditors should first make report vnto the colledge of such causes as were by appeale brought vnto them and plead in maintenance of them hauing continued till our time is now wholly abrogated and onely the Aduocates of those between whom the controuersie resteth doe vse that office in defending the cause of their clientes whereby it is come to passe that this office which was before time so honourable is now become to bee greatly obscured and eclipsed The iudges of ciuile causes obserue the same order in their iudgements as the criminal iudges These fortie Iudges of ciuill causes doe in a manner obserue that order and custome in their iudgementes as you heard me say before is vsually wont to bee obserued of the forty Iudges of capitall causes onely this difference there is that in causes wherein the life and estate of any man is called in question there is no certayne time of speech limited or imposed whereas in A certaine time of speech limited ciuile controuersies there is a certaine time appointed beyond which they may not by any meanes lengthen or extend their plea that is to say an houre and a halfe onely to each of them that pleadeth neyther are there in the decision of these ciuile iudgements many opinions alleadged out of which the Colledge may conclusiuely chuse one that shal be best to their liking as in consultation vpon the punishment of malefactors I told you aboue is vsually the custome but it is onely here debated whether the sentence giuen by the former Iudges shall be confirmed or abrogated if any of the Auditors make intercession to that ende then shall the question be of abrogating and cancelling the same but otherwise if the matter come vnto the Colledge without the intercession or addresse of any Auditor then the Presidentes of the Colledge after the matter is of each side throughly pleaded doe rather propose the strengthening and confirming of the former iudgement then the disalowance or cancelling thereof Presently all the sworne Iudges doe prepare Three seuerall pots brought forth a white a greene and a redde themselues and go vnto their suffrages and three pots likewise are brought forth in the greene the former iudgement is cancelled in the white it is approued and in the thirde which is redde are the balles of those that doe yet remaine doubtfull and would haue the matter to bee adiourned and deferred Nothing is helde for absolute and decreede vnlesse more then the halfe doe conclude and agree together in one opinion eyther for the ratifying or disanulling thereof of which if the iudges bee not throughly perswaded so that neyther of both bee decided the same is then deferred ouer till the next day and the same ceremonies againe renewed and if neyther then it bee determined the Colledge is called agayne the thirde day and the selfe same proceedinges vsed as before saue onely that after eyther side hath sufficiently pleaded and that they go againe to their suffrages there is no farther reckoning made of those that remayne doubtfull and vnperswaded so that vnlesse the suffrages bee altogether equall it is determined and fully ended one way or other and the former iudgement Vpon abrogation of the former iudgement the plaintife hath libertie to renue his action eyther fully confirmed or vtterly abrogated Neuerthelesse vppon abrogation of the former iudgement the playntife is not so put off and debarred but that hee hath libertie to renewe his action agayne for this newe cancelling serueth to no other ende but onely to frustrate and make voide and inualide But vpon the confirmation of the former sentence the party interessed is vtterly debarred the force of the former iudgement whereas the approbation and allowance confirmeth and ratifieth for euer the iudgement that was giuen and pronounced neyther is there left to the defendant any place eyther of prouocation or appeale or meane to call the matter in question vnlesse there fall out some new matter or occasion This shall bee sufficient as concerning the olde Auditors now wee will briefly say somewhat of the newe This Magistrate was vnknowen and not created in our commonwealth till such time as the Venetian Empire beganne to imbrace the mayne lande that bordered vppon our Lakes To these may appeales be brought from the iudgements sentences of The New auditors meddle onely with forraigne matters such gouernors magistrates as without the precinctes of our Citie doe administer iustice to people that doe liue vnder our subiection for the olde Auditors were not of themselues able and sufficient to vnderstand and dispatch both the causes of the citie and those also of forrayne places for which cause this Magistrate was called by the name of New in regarde that after the commonwealth was once setled and established the citie began to stretch and enlarge her dominion ouer the maine land of the prouince of Venetia which as though it had neuer beene seperated from the same returned willingly with a franke and liberall good will For as I shewed you in the beginning of this worke the noblest sorte of people that inhabited the countrey of Venetia flying the barbarous crueltie of forraine nations the generall deuastation of all Italie did get themselues into these lakes of ours and then did lay the first foundation Why the City was first called Venetia of this most opulent and flourishing citie calling it by the name of Venetia to leaue thereby a remembrance vnto their posteritie that there in the same were ioyntly together assembled the chiefe prime and flower of the nobilitie of all the cities of the territories of Venetia so that in short space when the rule and empire therof began infinitly to increase one Magistrate could not serue for the dispatch both of forraine and domesticall causes and therefore this New Magistrate was The
them the three heades of the Forty for as they goe along the Councellers and the saide heades are vpon the right hand and the Procurators vpon the left they haue euery one a dwelling place or else forty Ducates a yeare allowed them They all are admitted into the Senate but not into the Councell of tenne saue onely nine of the eldest and best respected they cannot obtaine any other office vnlesse it be of the chiefe sages or else the Giunta to the councell of tenne and when there is a captain generall of the army or a proueditor of the campe to be chosen there is a law made in the Senate that whosoeuer is a procurator may obtain that dignitie which is so ordained to the end that such great and weightie charges should be executed by men of great estimation and honour they may not come into the great counsel but onely by the election of the Duke which is lately graunted by a speciall decree they were wont to stand in the Court without the great Councell when the same was assembled and there to stay during the continuance of the Councell within the pallace to the end that if any disorder should happen they might be at hand to amend it and this in likelihoode was the occasion that they were first forbidden to enter into the Councell but not this custome of assembling themselues and staying in the courte while the councel sitteth is no longer obserued which proceedeth through the quiet and generall securenesse of the cittie insomuch that they thinke it altogether needlesse for the Procurators to be morein one place then in another These three councels of the Forty are exceedingly well discoursed of in the former treatise neuerthelesse for the full and cleare vnderstanding of their seuerall offices and dignities I thought good to set here downe some particularities by him omitted the recitall of which though perchance in his opinion he deemed needelesse yet I iudge them not vnnecessarie to those that doe desire to haue a perfect knowledge of the Venetian gouernment The first of these three councels of forty are as you haue heard the new for ciuile matters abroad the second for ciuile matters within and the third is called the crim inall councell which is not onely aboue all causes criminall both at home and abroade that are brought vnto it by vertue of appeale but also doth of it self determine many entire causes that are not touched of any other magistrare the forty are chosen in the great councell and must all passe the age of 30. yeares the other offices any gentleman may attaine at the age of 25. years the election is not made all in one day but in eight seuerall dayes sitting in euery of which they chuse fiue vpon the choice of these new forty they are straight admitted into the new ciuile councell and doe enter thence into the old ciuile councell and they of the old ciuile presentlie into the criminal as you heard before so that passing 8. moneths in either their whole time of authority is 2. yeares there are ouer euery of these 43. heades and two vnder heades which authority they hold onely two moneth s a peece the heads of the last forty which are the criminall Iudges are they that do ioyn with the Duke councellors with thē do represent the person of the Venetian gouernment These heads vnderheads are all elected by lot There are also in the great Councell three manner of Magistrates created that do bring in and propound causes euery one to the forty appointed him the first are the three Aduocators of the common which doe bring in the causes to the Criminall forty The second are the three old Auditors that doe bring in the home ciuile causes to the old ciuile Forty The thirde are the three new Auditors that do bring all forrein ciuile causes into the new ciuile Forty The Aduocators of the common is a dignity of great account and neuer graunted but to men of greate yeares wisedome and experience his chiefest charge is to see the lawe strictly obserued and therefore in iudgement he is alwaies against the offender There are also many that are Aduocators whose office is to pleade in causes eyther of accusing or defendiug accordingly as they are eyther by the plaintife or defendant entertained it is not of necessity requisit that they be Doctors of law or that they haue therein much studyed onely that they be skilfull in the statutes ordenances of the commonwealth they must all be gentlemen for there is an ancient law that none may plead before the magistrate vnlesse he bee a gentleman and therefore there are in the great Councell chosen 24. Aduocators 20. for the offices of the palays and 4. for the Ryalto of which euery one that goeth to law is bound to entertayn one and to pay him a certain fee and he likewise is bound to defend his cause who entertaineth him the place where they plead is somewhat high they haue at their feet the notary of the 40 with such writings as they mean to produce diuerse times amid their pleading they command him to reade now one Chapter now one writing and then another as the cause requireth The time that eyther partie is allowed for speech is an hower and a halfe besides the time that is spent in reading the writinges in so much that when the Aduocate speaketh there is an houre glasse helde vpright and when the writinges are read the same is turned vpon one side to the ende the sand shoulde not fall through and then is turned vpright againe when he beginneth to speake When eyther part hath alleadged his reasons that sentence is to be giuē the youngest of the fortie causeth euery of the Iudges to sweare that he will giue that sentence which in his conscience he shall thinke to be iust then they go to their suffrages in manner as you may see in the former treatise All causes that are brought vnto the Aduocators are registred vp by their secretarie one first the other next so forth in order as they come and looke in what order they are registred in the same are they by them brought in and propounded to the fortie except it be some which though they come last yet they are still first dispatched as the case of prisoners of burialles of medicines of corne of rewardes of Orphlins of neere kindred as if the brother should pleade with his brother or the father with his sonne these causes are alway first heard and likewise all such as any way pertaine to the office or administration of the Procurators The dominion of the Venetians is diuided into two partes the one by sea the other by land out of eyther of which they receyue a great yearely in-come Of the two they account the firme lande reuenewe to bee the greater especially their possessions in Lombardie are maruellous rich and auayleable vnto them where besides many other
remained vntouched from the violence of any enemy since the first building there of which is aboue 1100 yeares families But which is more since those times which we haue not read hath happened to any other city from the first building therof euen vntil this time being now a thousand and one hundred yeares it hath preserued it selfe free and vntouched from the violence of any enemie though being most opulent and furnished aswell of gold and siluer as of all other thinges that might yea euen from the farthest parts of the world allure the Barbares to so rich a bootie and spoile So that I doe not disalow their opinion that haue deemed the Citie of Venice to excell and go beyond all other Cities But yet there is one thing more in this citie which not onely in my iudgement farre exceedeth all those thinges which wee haue spoken of but likewise in all their opinions that do not account a Citie to bee the walles and houses onely but rather the assemblie and order of the citizens chiefly and with greatest worthinesse to challenge that name and this is the true reason manner forme of commonwealthes through which men enioy a happie and quiet life This is that rare and excellent thing wherein Venice seemeth to shine and to surpasse all antiquitie for though it is apparant that there hath beene many commonwealthes which haue farre exceeded Venice as well in empire and greatnesse of estate as in militarie discipline and glory of the wars yet hath there not beene any that may bee paragond with this of ours for institutions lawes prudently decreed to establish vnto the inhabitantes a happie and prosperous felicitie the proofe whereof is made manifest by the long continuance thereof in such security and happinesse which when I consider with my self I am wont greatly to wonder at the wisedome of our ancestors at their industry the vertue of their minds their incredible loue and charity towardes their country There were in Athens Lacedaemon and Rome in sundry seasons sundry rare and vertuous men of excellent desert and singular pietie towardes their country but so fewe that being ouerruled by the multitude they were not able much to profite the same But our auncestors from whome wee haue receyued so flourishing a common-wealth all in one did vnite themselues in a consenting The nobility of Venice not so ambitious of their owne as of their countries honor desire to establish honour and amplifie their country without hauing in a manner any the least regarde of their owne priuate glorie or commodity And this any man may easily coniecture that the nobilitie of Venice was neuer so ambitious of any priuate matter pertayning to themselues as they were alwayes infinitely zealous of the honour commodity and aduancement of their country in regarde that there are in Venice to bee found none or very few monuments of our auncestors though both at home and abroad many things were by them gloriously atchieued and they of passing and singular desart towards their countrie There are no stately â—ecchi di naui tombes erected no military statues remaining no stemmes of ships no ensignes no standrads taken from their enemies after the victory of many and mighty battailes Andreas Contareno Duke of Venice I wil among innumerable others touch onely the example of Andraeas Contareno an ancestor of mine who being prince of our commonwealth in the Genowes war the greatest and most dangerous that euer we endured did not onely preserue our countrey with his singular wisedome and maruellous greatnesse of courage but did so vtterly ouerthrow our enemies they triumphing euen then as it were in an assured victory that they in a manner were all eyther slaine or taken prisoners Finally hauing so mightily preserued his country and amplified and established the commonwealth hee passed out of this life or dayning by testament that on his sepulcher which at this day is to be seene in S. Stephens church there should not be placed any armes or ensignes of our familie neither which is more is there so much as the name of so great a Duke engraued but rather by his modestie is it come to passe that the sepulcher of so famous excellent a prince is in a manner vtterly vnknowen I imagine this to be a most certain argument that our auncestors delighted not in vaineglorie or ambition but had only their intentiue care to the good of their country and common profite With this then exceeding vertue of mind did our auncestors plant and settle this such a commonwealth that since the memory of men whosoeuer shal go about to make compare between the same the noblest of the ancients shal scarcely find any such but rather I dare affirme that in the discourses of those great Philosophers which fashioned forged coÌ„monwealths according to the desires of the mind there is not any to be founde so well fayned and framed for which cause I thought I should doe a thing very gratefull to strangers if I shoulde describe the order of so renowned a commonwealth especially because in this time among the number of so many men learned and of pregnant wits ripe in the knowledge of all things and excelling in eloquence I see not any that hath vndertaken this honorable taske To which though I know the weakenesse of our stile cannot yeeld any ornament yet the same is of it selfe so noble that it is able not onely to yeeld dignitie to it selfe but also to the vnworthinesse of my speech Being therefore determined to write of this our commonwealth to the end that euery one may know whether the same be well or ill disposed I thinke it best to take my beginning from hence That man is by nature made a ciuile creature but alone by himselfe neither able to liue well not to liue at all which euery daies necessitie and the manner of victuailing and clothing approueth and for this cause euen from the beginning did men enter into ciuile societie and therein continued to the ende that so they might liue happily and commodiously which is that with mutuall helpe and diligence they might obtaine the chief good incident to men so long as the course of this their mortal life endureth wherunto the whole reason of ciuil institution pertaineth that by the easiest way No life happy and blessed but that which contayneth in it the vse of vertue possible the citizens may be made possessors of a happy life But a life happie and blessed is so tearmed of great Philosophers the which containeth in it selfe the vse of vertue which they do approue with most assured reasons and vndenyable arguments Now the vse of vertue appeareth as well in the offices of warre as in the functions of peace which notwithstanding though the praise of warre and the manner of discipline thereunto belonging be necessary to a Citie for the preseruation of the libertie and defence of the confines and contayneth in it selfe great dignitie
and goodlinesse yet the common sence of men doth not allow these offices of warre by which the ruine and slaughter of mankinde is procured to be for themselues desired and that all other ciuile offices should be thereunto referred for it were the token of an vnciuile disposition or rather of a man hating humanitie to wish for warres slaughters burnings for this onely cause that he might be famous in matters of warre and adde thereunto if it please you that he might be honored with the name of a great captain wherefore all philosophers of greatest marke haue Warre is to be desired for the cause of peace in this one point agreed that warre is to be desired for the cause of peace and that the whole function of militarie vertue and the commendation thereof ought to be referred to the offices of peace wherefore that gouernour of a commonwealth that would be accounted worthy of praise as the saying is a man perfectly accomplished ought to vse that temperature to maintaine that order that the whole commonwealth may seeme accommodated to vertue and withall that it bee rather thought to attend to the exercises of peace then to the offices of warre yet in the meane time not contemning such thinges as pertaine to the discipline of warres because many times the militare vertue so that the same be vsed without iniurie is necessary to defend and to enlarge the confines But things being once ordered as we haue said it is wont then to be doubted of whether it bee better that one or few haue the gouernment of the whole citie or rather the whole multitude as many doe describe the estate of that which ought properly to be called a commonwealth And truely to me it seemeth exceedingly well and wisely said of them Howsoeuer the successe hath allowed the gouernment of Venice either in regard of the smalnesse of their territory or the strong situation of their citie yet there was neuer any example of any other great cōmonwealth but that did soone perish by the plurality of commāders all great philosophers chiefly extolling the monarchy all course of times examples confirming their opinion that deemed the gouernment of men to bee vnfitly granted to one alone but that there should bee a thing more diuine to whom this office should be giuen as out of many sorts of creatures may be gathered For a sheep gouerneth not a flock of sheep nor an oxe nor an horse a heard of oxen or horses but a creature more excellent defendeth and gouerneth them which is man which is a thing manifest to al men of how much more worth he is then those brute creatures by the like reason if so it might be brought to passe should man be gouerned by som thing more diuine excellent thē man but seeing in worldly things which are with sence perceiued there is nothing found more excellent thē man man being a certaine diuerse creature consisting of different parts as hauing the inferior forces of his mind cōmon as it were with brutish creatures but with the superior powers therof participating in a manner with the immortal Gods that rightly ought amongst men to obtain the place of gouernment rule which is in man highest of greatest participation with dignity which is as all men do acknowledge the mind being by nature grafted in vs as a beame of the heauēly brightnes therfore euil shal that commonwealth be prouided for that That ought amongst men to obtaine the place of gouernment and rule which is in mā highest of greatest participation with diuinitie shal be committed to the gouernment of a man whom many times those inferior and brutish powers doe perturbe call backe from the true path of reason but that office is rather to be committed to the mind pure and void of perturbations wherefore by a certaine diuine counsell when by other meanes it might not mankinde through the inuention of lawes seemeth to haue attained this point that this office of gouerning assemblings of men should be giuen to the minde and reason onely the same being free from passion which among many other the infinit blessings gifts of heauen is not to be accounted in the lowest but rather the highest ranke if we will truely consider the vtilitie of lawes for first in enacting them many wise men meete together who by long vse growen skilfull in many things by comparing the inuentions and examples of others with their owne experience do at length after long consultation determine that which shall seeme best vnto them their minds being then directly bent to vertue free from hatred friendship or other perturbation the cause of no The excellency of lawes priuate man being interessed in the establishing of laws which in courses of mans iudgement often happeneth But after that lawes once are enacted if any then transgresse them chaunce to suffer the punishments that they inflict he cannot in reason blame any man and in this case it is not to be feared that any sedition or rancor growne among the citizens being the greatest most dangerous contagion of cōmonwealths whereas contrariwise when any man is punished by the iudgement of men not fortified with lawes great grieuous enmities do sundry times ensue for it scarcely can be chosen but that we remaine ill affected towards him of whom we haue receiued harme so that I cannot well resolue whether mankind be more beholding for any other The inuention of lawes was by the ancients consecrated vnto the immortall Gods thing to nature the mother of all things then it is for this inuention of lawes which was of the ancients and not vnworthely consecrated to the immortall Gods but which serueth more meruailous Aristotle ptince of philosophers in that booke of the world which he did dedicat to great Alexāder found not any thing to which he might likelier resemble God thē to an autentike law in a Citie rightly gouerned so that the opinion of this great philosopher was in manner that God was the same in the vniuersity of things as an ancient lawe in a ciuill company and in his bookes wherein hee entreateth of a commonwealth he tearmeth law to be a mind without appetite which is to say pure cleare and free from the infirmitie of any passion whereby any man of how slow conceit soeuer may perceiue the fitnesse necessitie of that of which we spake before that is that something more diuine then man shoulde rule and gouerne the companies of men for a man being aduanced to this office of gouernement as men endued with wisedome and integrity are rare and they for the most part may erre in iudging and decerning things through the force of their affections which do perturbe and diuert the mind from her true course and intention it followes of necessitie that thinges cannot go so currant as they should yea though it might be so that wee might find out a man
they go to their lots againe and so in that maner stil reiecting that which hath fewest bals the controuersie is at length brought onely betweene two of which the one must of necessity haue aboue halfe the suffrages and then the same is by the decree of the senate authorized and allowed One matter being dispatched they beginne with another vnlesse it bee too late in the day alwaies obseruing the same manner as is aforesaid The manner of giuing audience dispatching Ambassadors If there come an Ambassador from any prince to the commonwealth of Venice he is receyued of the Duke the counsellors and the whole colledge and doth before them expresse his ambassage which being hearde they do for that time dismisse him demanding space to consult vpon the matter which hauing done in sort forme as you haue heard they then demand the opinion of the Senate To which the Duke first declareth the effect of the Ambassadors demande and then the opinions are read of all those that haue authoritie to make report to the senate finally in manner as before The senate determineth what aunswere shall bee made vnto the Ambassadors demand who being called in a Secretary readeth vnto him the decree of the Senate vpon which hee is dismissed This is in effect the whole summe manner and forme that the Senate vseth in The councel or colledge of the tenne their consultations decrees and councels and therefore now I thinke it requisite in this place to say somewhat of the councell of the tenne of which you haue often heard me make mention This councell or Colledge of the tenne is among the Venetians of great and eminent authority and of which any man may boldly say that the whole safetie of the commonwealth dependeth I will therefore touch the beginning and originall thereof to the ende that the whole manner and course of the same may be the easilyer conceyued Our elders did with a maruellous in manner diuine prouidence foresee that as in mans bodie through the corruption and putrefaction of one humor many most daungerous diseases doe commonly happen which growe in time to bee the causes of death so also in a commonwealth there are sometime wicked and disloiall citizens that are causes thereunto of great troubles and calamities whiles they aspire rather to the pride of a wicked and vniust commandement then to the praise of an honest and quiet obedience carried away in those damnable endeuors eyther with ambition and desire of rule or oppressed with intollerable debt or otherwise hauing committed some haynous wickednes or crime for which they stand in doubt of punishment such as we reade was in Rome Cateline Silla Marius and finally Iulius Caesar who hauing by tyranny gotten the commonwealth did in a manner bring it to vtter desolation and ruine The like we reade of sundry common-wealthes Sundry great and famous common-wealths ouerthrowen by the infidelity ambition of some their priuate citizens of the Greekes yea and those sometimes famous and of great glory which by the vndermining ambition and treachery of some their wicked and vnfaithfull citizens were brought into seruitude and bondage But in these times of ours Italy it selfe hath yeelded vs sufficient examples all the cities whereof in a manner that were eyther gouerned by the people or by the nobility being brought vnder the yoke or tirany of someone of their citizens For which cause our prudent elders laboured to establish this commonwealth of ours in all perfection and beauty and to strengthen the same with such so holesome lawes that it might as much as in mans wisedome lyeth preuent the inconuenience of so monstrous and miserable a fall for they Nothing more to be feared then intestine broiles and cauil dissentiō imagined that there was not any thing so much to bee doubted and feared as an intestine enemy or ciuill strife sedition among the citizens Calling therefore to minde that among the Lacedemonians the Ephores were mighty and of great authority and among the Athenians the Areopagites and so likewise among the Romaines the Decemuiri or tenne men insomuch The cause of the creation of ten in the city of Venice that they made lawes they thought it not amisse by imitation of their example though in an vnlike cause to create in this our citie some magistrate of authority and power whose office aboue all other things should be to haue especiall care to see that among the citizens should not arise any strife or dissention whereby there might ensue any scandall or vprore and to preuent factions or the attemptes of any wicked citizen that shoulde conspire against the liberty of the common-wealth of which sort of mischiefe if there should by euill destiny any creepe into the commonwealth they then to haue absolute authority to punish and chasten the same least otherwise the commonwealth might thereby receiue harme But so great an authority and puissance coulde not haue beene committed to few without danger neither if to many woulde it then haue been formidable therefore to auoide the one and the other inconuenience they ordayned and established this Colledge of tenne They continue in this office a yeare and haue adioyned vnto them the Duke and the sixe Counsellors so that the whole Colledge commeth to make vp the iust number of seuenteene citizens to whome this great power and authoritie is giuen Of these tenne there are three euery month chosen and elected by lotte who are Presidentes of the Colledge and The heads of the Tenne by common phrase of speech called the heades of the tenne and they haue authority to assemble the whole Colledge of the tenne and to make report vnto them They haue aparte by themselues a chamber wherein they assemble when they sitte in councell They haue also vnder them priuate and particular officers as Porters Vshers and certayne that are allowed for their garde So that there is not any other Tribunall of magistrates gone vnto with greater obseruaunce and ceremonie Thither resort allthose that haue any thing to do in their Colledge They likewise reade all letters written to the Colledge and make report of them to the same for doing of the which with the greater sufficiency one of those Presidents alone by himselfe hath not authority to make report but they must bee eyther two to make reporte of the same matter or els foure Councellors For the same cause also and to auoide the rashnesse and temeritie that some fewe of them might otherwise vse in alteration of any thing it is ordayned that if they will cancell or vndoe any thing that is already established and fully confirmed they must at least haue the Suffrages of two partes of the Colledge for confirmation of that which they shall doe which otherwise is helde to bee voide and of no effect They haue also an order that the offendor is The offender neuer suffred to come into the Colledge not any friend or Lawyer
offence or the condition of the offendor Now the time Two sorts of inferior magistrates requireth that we should briefly speake of some inferior magistrates that haue authority to punish offences of lesse qualitie and moment eyther in regarde of the meanes of the faulte it selfe or the slender regard quality of the person that commiteth the same These also are of two sortes the one hath power of life and death the other not their authority stretching no farther then to the punishment of Rogues and Harlots whome they cause to bee imprisoned or whipt with rods euery of them according to the proportion of their committed lewdnes The first magistrate also that hath power to giue sentence of life and death is likewise deuided into two sortes For the selfe same Iudges doe not search out and examine and call to tryall the offendor but the first being the heades of the officers by night doe throughly examine the cause of Officers of night the offender and register vp in writing the deposition of the witnesses whatsoeuer else the party hath confessed eyther of his owne accord or els by the constraint of torture and then finally represent the whole to the iudges of the Properties This Magistrate differeth Iudges of the properties much from the former and giueth sentence of death when the cause in handling is capitall But if it be a lighter offence to bee punished onely with whipping or imprisonment the captaines of the officers by night do of themselues dispatch the matter without asking the aduise of the Colledge eyther for the imprisoning or torturing the offendor which authority neuer thelesse the office of the Aduocators hath not but must first acquaint the Colledge and proceede according to the decrees thereof neither is the same so ordayned without exceeding reason and foundation for that for euery small matter and the offence of euery baggage fellow the Councell should haue been mooued both the common wealthes should haue beene ouermuch troubled with many impertenent brablers and also lewd fellowes should haue had a greater scope of liuing licentiously through the hope of escaping punishmēt For greater expedition thereof of these kinds of iudgements the heads or chieftaines of the officers by night do obtaine that authority of which the Aduocators are depriued These officers of the night are six and six likewise are those meane officers that haue onely power to correct base vagabonds and tryfeling offences Those that do execute this office are called heades of the tribes of the city because out of euery tribe for the city is deuided into six tribes there is elected an officer of the night and a head of the tribe which custome also we obserue in the election of our Councellers as here before I haue expressed The duty of eyther of these officers is to keepe a watch euery other night by turn within their tribes and now the one and then the other to make rounds about his quarter till the dawning of the day being alwayes guarded and attended on with weaponed officers and serieants and to see that there be not any disorder done in the darkenes of the night which alwaies imboldneth men ill disposed to naughtinesse and that there be not any houses broken vp nor theeues nor rogueslurking in corners with intent to do violence At the first beginning of the city eyther of these offices was of great estimation but since new Magistrates being added according to the chaunge of the times and the occasion of the common wealth the same is much diminished and of lesser respect for the chiefe authority being transferred ouer to the new officers there remaineth onely in their courtes the decision of base and baggage matters as the suddes or lees of the rest Hetherto there is inough saide of those Magistrates that do determine Capitall causes In the next volume we will speake of ciuile Iudgementes The end of the third booke The fourth Booke of the Magistrates and commonwealth of Venice IT hath beene alwaies a perpetuall continuing custome in the commō The whole high and chief authority of all thinges belonging to the Councels and not to any particular magistrates wealth of Venice that no magistrate whatsoeuer should haue in matters of waight and importance high chief authority but that the same shoulde wholy belong to the colledge or rather vsing the common manner of speech to the Councels insomuch that in ciuile causes such as In ciuile causes the party preiudiced may after iudgement giuen appeale to the Auditors and to the Colledge of the Forty shall exceede the summe of fiue and forty crownes there is not any magistrate from whose iudgement the party may not appeale to the Auditors of the ciuile causes and to the colledge of forty of whome we haue heere aboue made mention But to the end that the whole manner of these ciuile iudgements may be made manifest and plaine wee Two sorts of Auditors the olde and the new will begin with the Auditors which are of two sortes that is to say the olde and the new the olde doe deriue their name from the antiquitie of their office The old Auditors more ancient then the new and being much more ancient then that of the new which was altogether vnknowne in this common-wealth till the same beganne to haue Dominion ouer the maine Lande many ages after the building of the City These olde Auditors haue in manner the same authority in determination of ciuile causes after they are debated of iudged by the ciuile iudges as the aduocators haue in all such matters as any way they shall thinke to be offensiue to the lawes I meane in receauing of appeales or making of report ouer When therefore by the ciuile Iudges there is any sentence giuen against any man it is lawfull for him who receiueth preiudice thereby to appeale from their indgement to the Auditors the cause then being brought into their court and of eyther side pleaded debated of those betweene whome the controuersie dependeth if the same exceed not the summe of fiftie crowns they may of their own authority so they agree all in one end and determine the same without the Colledge of the forty or if they disagree in opinion then one of them hath authority to make report ouer Three Iudges that haue authoritie to iudge and determine on thinges that are found to a very small Colledge where the company of eyther Auditors do note and likewise three other Iudges that vsually do sit vpon thinges that are founde and there these lesser affaires are absolutely determined But if the whole cause did amount aboue the rate of the foresaid summe before our time the matter coulde not haue beene brought into the Colledge of the Forty vnlesse someone of the Auditors had interposed himselfe and made reporte of the sentence so giuen by the Iudges vnto the forty But in this time of ours there is a Law made whereby liberty is graunted vnto
New col ledge of the forty ciuile iudges ordayned and likewise the New Colledge of the forty into whose courtes are brought the appeales from the indgementes of such forrayne magistrates as haue gouernment abroade where being throughly handled and discussed they are finally ended and concluded The manner and forme of proceeding in this colledge is such in all points as before I told you is obserued of the olde Auditors and the councell of the forty ciuill The councel of fortie for causes onely within the citie Iudges concerning causes within the cittie onely this is added to the authoritie of the new Auditors that in any matter brought vnto them by appeale so the same exceed not the summe of fortie crownes they may ouerrule the former iudgement or abrogate it or allow it eyther in whole or in part as shal seeme best vnto them prouided that they do all agree in one opinion which The causes of strangers sooner dispatched then those of the citizens course was thought fit to be ordayned to the end that forrayners and strangers of whome according to the preceptes of many great Philosophers there is especiall regarde to bee had should not be molested and lingred off with long delayes but quickly come to an ende of their suites This priuiledge the olde Auditors haue not for they of necessity must eyther wholly allow the iudgement or els vtterly cancell and make voide the same and whereas the new as I said may leauing the rest meddle onely with parte of the cause they must either embrace the whole entire cause or els vtterly leaue it vnmedled withall So that by this means thesuites of strangers are sooner ended determined then the causes of the citizens though through the suttelty of Aduocates and Lawyers who leaue nothing vnattempted how farre soeuer the same be from right processes and suites are sundry times drawen out to an infinite length as in all places it is vsuall where iudgementes are not rashly pronounced but leasurely and considerately at appointed times Now in a manner haue we expressed the whole form which is vsually obserued in iudgements it remaineth that we briefly speak somwhat of those magistrates who first of all do giue sentence in causes of the Citie Sixe seuerall kindes of Iudges from whom the appeales prouocations are brought to the old Auditors and to the councell of the fortie of these Iudges there are six seueral courts diuided according to the qualitie of the causes and of the persons For eyther the suites are about marchandise or matters pertayning thereunto or about houses or groundes that are within the Lakes or about possessions and landes that are on the Continent or els about other contractes or bargaines as for the persons that contend they are eyther citizens or strangers or one with another strangers and citizens together or the controuersie is betweene orphelins or els moued at the suit of the widdowes for the recouery of their dower after the death of their husbands Lest therefore there might fall out a confusion among iudgements of so different kindes to the end that the one should not bee a disturbance or hinderance to the other there were appointed seuerall Courtes of iudgement in so much that as farre forth as possible it might bee euery one according to the quality of his businesse might know the proper and peculiar Iudge of his controuersie for Iudges of the properties whatsoeuer differences arise about houses groundes or leases situated or lying within the boundes of Venice that is being within the lakes are all determined by those that are called Iudges of the properties to whose Courtes also widdowes haue recourse in demandes of their dower after the death of their husbandes This name and appellation of properties was first giuen them because our auncestors did take those thinges to be properly their owne which were seated within the Lakes as not being easie to bee transferred to the dominion of other maysters as for such goods as they had vpon the Continent whether they were landes or houses in regarde that they lay open to violence and might in dispight of their maysters suffer rapine and spoyle they called by the name of moueables if then the controuersie arise concerning any possession vpon the maine landes for redresse thereof recourse is to be had to the Iudges of the Procurators Iudges of the procurators vnder whome the matters of Orphelins that are yet vnder gardians are handled for among the Venetians both gardians and tutors were wont to be called Procurators If the contention and strife do any way concerne Merchantes or matter of merchandise then for the decision of those causes are there certaine peculiar Iudges or Consuls of the merchants Iudges called properly Iudges or Consuls of the marchantes These doe in their Iudgements vse a speedier dispatch then any other of the ciuill magistrates which was so ordayned to the ende that marchantes whose affaires might otherwise receyue great detriment and hinderance with lingering and delayes might not bee deluded or entertayned with long expectation of their Iudges of strangers right But if the question bee betweene straungers or that if any citizen will sue a stranger that commeth to lodge in Venice for some fewe dayes those Iudges must then bee repayred vnto that are appoynted to heare the causes of straungers and haue thereof their proper nomination and tytle But all other causes of sales bargaines or contractes by which any citizen pretendeth eyther breach of couenant or duenesse Iudges of requestes of debt are referred to the Iudges of requestes who serue in steade of the Mayor or Pretor of the Citie There are besides certaine small thinges whose iudgement Iudges of the moueables and determination is committed to certaine officers that are called Iudges of the moueables Likewise there is another kinde of magistrate whose office is if any thing happen to bee founde that had layne long hidden or els beene lately lost to iudge and determine Iudges of things that are found whether the same ought to belong to the commō treasure or to any priuate man or els to him whose chaunce it is to find it all things of the like kind and nature being vnder the compasse of his authoritie and iudgement Hauing expressed the seuerall kinds and manners of Magistrates that haue charge of common treasure iudgements we wil now passe ouer to those magistrates that haue charge ouer the common chamber or treasurie and the receipt employment of the publike reuenew These perchance may seeme to some body more in number then is conuenient and that a few might as sufficiently discharge the whole businesse pertaining to the treasure but here they must marke that our fathers omitted no kinde of heedfulnesse to preuent all fraude deceipt in the administration of their publike treasure supposing the same to bee the very fountayne whence the other parts of the commonwealth receiue their nouriture and sustenance and
not omit anything that might tend to the common benefite and good of their Countrie The end of the fourth booke The Fift Booke of the Magistrates and commonwealth of Venice SEing that the whole forme and order of the gouernment of our common wealth is in manner of vs already expressed and the office and order of the magistrates within the Cittie I thinke I shall not doe a thing vnpleasing or vnfitte for the matter I haue in hand if I speake somewhat of The gouernment abroade the magistrates abroad The gouernment of the watâ—es those I meane that haue rule and authority in such citties as are vnder the subiection of the state of Venice then of our militare charges The offices of the citizens that are not nobly born gouernments and lastly of the offices of the other cittizens that are not within the order of nobilitie which being declared and made manifest I may and that as I trust without reprehension conueniently and with the conclusion and shutting vp of this worke The manner vsed by the Venetians in gouerning such Cities as are vnder their subiection Ouer the nobler Citties of the state there are appointed foure magistrates one onely Gouernour doth iustice to all determining and sentencing all causes aswell ciuile as criminall This Gouernour hath alwaies sitting with him in iudgement men skilfull in the lawes whose counsell he vseth though the whole authoritie rest in himselfe Besides him there is a Captain generall commander ouer the souldiers of that territory aswell those that are in garrison in the citties as those that are encamped or lodged abroade in the countrie ouer them hath the Gouernour no charge at all but onely the Captaine generall besides the care of the Castell the walles and the Gates are committed to the Captaine likewise of the rentes and tributes aswell of the citie as of the whole countrie belonging vnto it besides these there is a Treasurer or two that administreth payeth and recouerth the publike money and keepeth the bookes and register of the publike accountes but he doeth not any thing without the commandement of the Captaine and sometimes both of the Captain and the Gouernour which manner of administration seemed much more fit then if both the authority and the handling of the money should haue beene committed to one of them alone whereby the publike treasure might much more easily haue beene embezeled and mispent but the money that remaineth ouerplus aboue the charges of the Prouince is carried to Venice and deliuered to the Treasurers of the Citie to whose office as I saide before the publike money is brought from all partes The fourth magistrate of authority in euery principall Cittie is the Liuetenant of the Castles in some places there is but one and in some more they command ouer those souldiers that are in garrison of the Castles and haue the charge of such weapons victuall artillery and munition as are within the Castle yet the Lieutenant hath not so absolute authority within the Castle but that he is alwaies subiect to the commandement of the captaine generall to whose authority and power all things of that kinde are wholy attributed but in lesser citties or townes there is no captaine generall all thinges being there vnder commandement of the Gouernour Likewise in such townes as are within the precinctes of greater citties the Gouernour onely administreth right to the townsmen and no other magistrate though the Treasurers captains haue also authority throughout the whole Territory of the chiefe Citties from all these Gouernours appeale may be brought to the new Auditors sometimes also the Aduocators were wont to sit with the Gouernours vpon sentences of life and death but because thereby iudgements were oftentimes delayde and lewd persons in the meane time not punished there was a lawe made by the colledge of the ten that the Aduocators should not haue any farther authority in such iudgements as were giuen by the gouernour but that he should onely vse the aduise of such Doctors of law as before I said were to sit with him in iudgement And this in my opinion already saide may suffice concerning the magistrates by whome our commoÌ„ wealth is gonerned both abroade and at home But seeing there is aswell a reckoning to bee made of managing warres as of maintaining peace which whosoeuer wholy do reiect cannot as Plato sayth in his Polytiques long defend and maintaine themselues in freedome and libertie But those that haue left vnto their posterity the true directions of a commonwealth commended the vse of both to the end that in times of warre they should not bee vnfit for the exercises thereof and that in peace they might liue in honest exercises vnder the lawes and statutes of their Country so that alwaies the vertue and exercises of warre haue a reference to the studyes of peace as being of the two the most excellent and desirable for such is the verie force working and operation of nature it selfe in euery thing that first it should couet and seeke that which is to it selfe conueuient and then resist and defend themselues from that which is contrarie thereunto which in all liuing creatures that are created with any perfection of nature is easie to bee discerned for there is none of them which wanteth a desire leading him to that which to his nature is most agreeable and likewise there is adioyned to the same a force and abilitie to be angrie which Plato placeth in the heart to the end that through the stirring therof euery creature might be prone to resist and repell that which is to his nature noysome and contrarie the first seedes then of eyther of these partes being by nature placed in the mindes of men as being of all other creatures the most perfect ought of ciuile men to be embraced that they may bring forth the fruites of eyther effect that is both of warre and peace which course was not neglected of our ancesters howsoeuer to some it seeme otherwise for though the citty being builded in the sea and at the first for many years careles of extending their dominion and rule ouer the continent did not apply themselues to land wars yet did they with maruelous glory of successe bend themselues to warres by sea atchiuing therewith many notable exploits aswell in defence of their owne liberty as in reuenge of iniuries done theÌ„ by their enemies and many great and glorious deeds of the Venetians do yet remaine in ancient recorde many triumphes and victories wrested by sea from fierce and puissant nations whereby it is easie to coniecture of the mightinesse of the Venetians by sea in forepassed times but in the end yeelding to the instaÌ„t petition of the oppressed bordering people who could not endure the rapines and cruelties of seuerall tyrants that had brought them into subiection they sent forces into the mayneland and expelling the tyrants did with an infinite applause and willingnes of the people receiue all