the Lawes every City is Governed according to her own Statutes and Customes so that except by Publick Readers in the Schools there is no mention made of the Civil Roman or Imperial Lawes and what is read in these Schools at Padoa especially is more for shew and ostentation and to bear up the credit of the place then for any use and observation of them For the Republick within this century of years hath taken away not onely the Authority but also the very name of Imperial or any other name relating to Monarchy out of her State and hath deprived the people of their priviledges of creating Notaries of Knighting Legitimating Naturalizing and the like It is also forbidden to Notaries to use the name as Imperial or Royal So that all things are done by the Name and Authority of Venice it being their pleasure that upon all occasions of High Justice Degrees and Honours the Lawes of the Cities and places and sometimes of Venice her self be observed in all places As to the manner of their judiciary proceedings things are judged and decided according to a long custome and experience of many years more then out of any learning gotten by studies seeing the Nobility of Venice not only doth not follow the study of the Law but also they think it were a shame for them to do it so that instead of it they learn a little of Phylosophy and something of Rhetorick whereby they are enabled to make discourses upon occasion and this I say as to the generality there being amongst them persons of a deep and Universal learning However they have certain forms of cases decided before which are registred and kept upon record and from this as from the advices they receive from some Lawyers they carry along with them they are enabled to give sentences and pass judgments which as in other places are sometimes unjust and very prejudical to the parties The thing they mind most of all is to instruct themselves of the Lawes and Customes of their Republick wherein they succeed well But those who are employed to be Ambassadours in forrain Courts and those who are Lawyers and plead causes study both Law and Learning though the Art of relating Histories well and the belle lettere or curious humane learning be that which they affect most of all As to the rest practise more then theorie is their guide but as this experience is of two sorts the one from the long standing of the world which doth afford general rules and the other is that which men acquire in particular through the course of their life which if it be without great parts and learning is so confuse and cloudy that hardly it ever comes to that degree of excellency which is found in some actions and the judiciousness of some men Hence it is that this bare experience and without method proves very often prejudicial to particular men and dangerous to the Republick because it learns to undo more then to do and never knows order but by the sight of disorders So it happens sometimes to this Republick for sending often young unlearned and unexperienced men to be Governours of Cities and places who thereby commit many errours and disorders whereof the worst falls upon the Subjects who are thereby involved in many troubles and charges However the Republick is very severe in punishing those faults which these do commit of a set purpose especially if they suffer themselves to be bribed to do some unjustice Upon this account a Nobleman who had been possessed in Crema was beheaded some years ago because he had received as it was proved fifty pieces in Gold with promise to favour the giver And as the very report of a bad administration of Justice and Government is sufficient not onely to have the Nobles hereafter excluded from further preferments but also to cause them to be punished for the present and to make them forfeit their reputation which also reflects somewhat upon their families So when they come to the discharge of their employments they are very careful of doing justice and of promoting the publick good and what abuses they commit are acted with great dexterity So that for all the particular failings I have mentioned which are altogether unavoidable in humane things that Republick for the right and just administration of her Government must receive her due praises and although in point of life and death amongst them one friend be very earnest to solicite for another yet as to civil matters to speak in a mans behalf it would do him more harme then good It is true as to their seats of Justice that there is nothing so tedious and so chargeable as the suits that are before them neither is there any place where are so many Courts of Justice as in Venice and in the Cities of her Jurisdiction for the poor people who are at Law being forced to follow appeals to Venice are put to tedious and extraordinary charges and see no end of their causes especially if they are to deal with some of the Nobles or other rich persons for in all places where Appeals are admitted the richest will tire out the poor So that this is one of the greatest faults of that Republick but it is committed upon a politick account as we said elsewhere to keep people in exercises and the Courts of Justice in credit Now in Venice are all the Courts and Tribunals following First the Court of the Procuratore which judgeth of things relating to the Proctors Before this Court are brought matters of Legacies differences arising between men of different profession concerning the same and Controversies between Husbands and Wives The Court della Petitione of Requests hears Causes of above an hundred Venetian lire or pounds that is four pound in English or thereabouts concerning those whom guilt made fly away orders the pawning and surveying of goods in the Custom house obliges men to stand to their bargains and agreements made by word of mouth or in writing doth Tax and Regulate charges upon the desire of the Commissioners or rather Executors settles and confines expence of those who are under age decides differences about Wills and Confirmes Arbitrary Sentences from fifty Duckets downwards The Office dell ' Fuarastiero of forrainers judgeth Cases between Venetians and strangers and about house-hold stuffs Boates hire and of accidents depending thereupon as when wares are cast into the Sea out of Ships it doth not relieve Causes about less then ten Duckets but it proceeds summarily The Tribunal dell ' Mobile of moveables judgeth of things of fifty Duckets and less 't is of its jurisdiction to decide controversies about moveables disposed of by Wills and Testaments and of other things which a dead man hath done in his life time if it be his own hand-writing signed by two witnesses The Tribunale dell ' proprio judgeth of four things of concernment the first is the matter of portions after a divorce and of joyntures the
second about differnces arising between Brethren when they divide any State the third is concerning successions ab intestato when a man hath made no Will The fourth is matter of bounds and limits of buildings that one doth not encroach upon anothers ground and the like Further this Court judges of all Causes between nigh and strict relations The Court dell ' Essaminatore examines witnesses ad perpetuam rei memoriam takes cognizance whether sales were well or ill made and intervenes to sales made by the Commissary doth sign the instruments of Donation and keeps a register of all conditional Legacies There are also li Cattaveri who take care to recover those goods which fall to the State from them who dye without making any Will and leave no Successours they revoke and take away penalties laid by other Judges if they think it fit they sell all Incanto by the publick Cryers invitation in the name of the State those Lands which belong to it to those who offer the most at port-sale They are judges of things found at Sea and of treasures discovered under ground They hear differences between those who go in pilgrimage to Jerusalem and the Masters of ships who carry them wherefore in this Office is written the name of every Pilgrim bound for that place they also decide matters of prices The Piovego doth judge about contracts of Usury Of Causes about high wayes and takes care that no particular man doth build or otherwise trespass upon the Channels or upon the Streets The Office of the Sindici is to oversee unreasonable and excessive charges made in the acts of Justice they take the place of ordinary Judges when they are chosen by the parties The Sopragastaldi are ordinary Judges of the Execution of Sentences they sell goods by an intermitted Sentence and hear differences about Intermissions Executions and Contradictions The Superiori are to censure and mend the acts of the Supragastaldi in those errours which may happen to arise from their Sentences The Auditori Vecchi are to hear the Appeals of the City Causes of the Courts of St. Mark and of Rialto they either do refer Causes or else bring them into the Quarantia civil Vecchia They judge whether the testimony of Witnesses ought to be received or not and generally the causes of Compromessi or references to Arbitraters are brought into this Office The Auditori Nuovi hear of Causes from abroad by way of Appeal they interpose arbitrary sentences where judges have judged amiss they order suspention of tryals for two months In a word this Office decides all broils made by Rectors of places receiving all Appeals except from two like sentences After these Rectors are gone from their Government the Auditori do receive Appeals one month after within the State called Trevigian and of other Cities and Castles two months after But about Sea-affairs they receive it at all times receiving priviledged persons and things as Orphans Widows the poorest sort of people to whom no time is limited to Appeal and Churches Universities and pious places Their letters of Appeal do usually suspend definitive Execution except within the Trevician State the Sebenico and places of the Levant Within the Frinli Appeals are decided within four months otherwise they are executed by Sureties The Auditori Nuovissimi judge of Causes to the value of fifty Duckets and less for those of more they come before the Auditori Nuovi The Lords di notte in Civile or Civil Causes take cognizance of Leases of Houses matters of cheat see that bonds made about charges at Law be executed and are likewise Executors of Sentences passed without the City The Lords di notte in Criminale in Criminal Causes are appointed to prevent and stop fires within the City to keep goods orders at nigh and hinder all manner of violences even by drawing of blood and wounding if it cannot be done otherwise These being joyned with the Quarantia do order the punishment inflicted upon thieves and against Husbands who have more then one Wife and against Wives who have many Husbands they chastise those who have defloured Maids killed Thieves or bought stollen goods They have authority over the Jewes who kept communication with Christians and also they punish Physitians Apothecaries and Chyrurgeons who do not declare who are those who lay under their hands to be cured of wounds The Quarantia vecchin Civile doth judge of Causes of the Auditori vecchi which themselves have brought into this Court where also is debated about pardons graces and amnesties granted to Malefactors they judge of Baloting between equal numbers or when there is no casting Vote or Ball and they see that in baloting the oath taken be observed They also receive Appeals from Judges within the City and wo be to them who have any thing to do here upon that account for nothing in the world is so tedious as are their proceedings The Quarantia Nuova hears Causes brought in by the Auditori Nuovi once a month gives in a Cause to those about the Kingdome of Candia with some other dispatches and provisions and also receives some Appeals from Judges in the Country One must be past 30 years old to be admitted into these Quarantia's The Collegio of the 25 passes definitive sentences upon Causes of 300 Duckets and less For the space of two months hears the Causes of the City and for two other months those of the Country The Quarantia Criminale doth decide Criminal Causes as well Originatively as brought before them by way of Appeal The Avogadori do bring them in as into their right and proper Council where they are debated Pro and Con the States Council speaking against the guilty whom answers are returned to by the Advocate of the prisoner or by the Straordinarii Likewise the Sindici or the Overseers of Governments at Sea do speak against the guilty as do the Avogadori They also supervise the acts of publick Notaries The Lords All Acque about waters are the Overseers of Lakes Ponds and other fresh waters They take care that the Channels be kept clean The Lords or Signiore all' Biade take care that the City be plentifully supplyed with all manner of provisions So for the Sea places and the like Those All' Sanità for health look to every thing that might bring an infection into the City as Diseases or any filthy and corrupt thing that is brought to be sold Physicians who are willing to practice must take a License in this Office as Mountebanks and others who appear so upon Stages must also do so Herein are entred the names of Cortagiane or prostitute women at present as it is guessed to the number of twenty five thousand or there abouts besides the number of those who are private and of married women which must needs be vast in so populous a City The causes of which I think to be in part the nature of the Climate of the Dyet the temper of the people and in part that
Gold and they who draw these do remain in the room but others do go into the great Council Hall in the mean while of the nine who remained the four who had the first four balls do name five men apiece whom they please and the five who had the five last balls do every one name four others which number makes forty in all and every one may name himself for one and these are called the Electors of the first Election who are confirmed by the Gran Consiglio after which they break up But the next day the forty men do put in forty balls of which twelve are of Gold and the rest of Silver of these remain onely the twelve who have drawn the golden balls who are called the Electors of the second Election Every one of these doth name two more but he who drew the first golden ball names three in all twenty five then these twenty five put in balls again of which nine are of gold and they who draw them are called the Electors of the third Election Again every one of these nine names what four he pleases but he who drew the last golden ball names only three this makes up thirty five who put in as many balls whereof eleven are of gold and they only who draw them do remain these eleven name every one four in all forty four after which are again thrown in forty one balls of gold and three of silver the three with the silver ones are excluded but the others remain who are confirmed by the Gran Council and these do Elect the Duke In order thereunto they lock up themselves within the Council Hall though the whole Palace be at that time under lock and key and three of the most venerable of the company they chuse to be Priori of the Election and two others to be Secretaries the other thirty six divide themselves into four parties every one going into what party he pleaseth after this the three Priori do sit upon three chairs higher then the rest and the two Secretaries over against with a Table before them then the Secretaries call the thirty six one after another who put every one in a Box prepared for that effect the name of him whom he desires should be Duke and usually all those of one party do put in but for one So that thereby four only are in nomination after this the Secretaries open the Box and read the names of those who are put in who if they be in the company are desired one after another to withdraw into another room after which the Priori or Presidents aske every one of the Electors whether they have any thing to object against those who are in nomination why any one should not be chosen and if any thing be brought against him he is called in to clear himself which if he cannot do he is excluded and another named in his place Then are laid two boxes before the Secretaries the one for the affirmative the other for the negative within these every one is to put alittle ball and if in the affirmative there be more then in the other it will remain and this is done for every one of the four of whom he who hath most balls doth remain but the Votes for the affirmative must not be less then twenty five and they will not give over voting till it be come to that number or past it This being done if he who is chosen be without he is sent for if within they make him sit and the forty or forty one acknowledge him to be Duke and waite upon him to his house where he stayes for two dayes till his Ducal habit be made then in the morning he goes to hear Mass at the Church of St. Mark attended by all his Electors and forrain Ministers then he goes into a Pozzo as they call it a kind of seat or chair with one of his nighest relations and the Chancellour and so is carried by twenty four Masters of the Arsenal about the Palace of St. Mark at the same time the Doge and his kinsman throwing monies amongst the people till they come to the gate of the Ducal Palace where he is expected by those who elected him and the chief of the Priori layes the Ducal Cap which is a kind of Crown upon his head giving him the title of Serenissimo and so wait on him to the ordinary lodging of the Doges where he begins to receive publick visits of the Magistrates and forrain Ministers He is allowed by the Republick five hundred Zecchini or about two hundred and fifty pound by the month for they are not very willing to bestow both honour and riches upon one it is true he hath also the disposal of some Ecclesiastical Offices and of other places which he may sell if they happen to be vacant in his time once a week that is every wednesday he uses to go down into the Courts of Justice when Judges do sit exhorting every one of them to do good speed and justice and if any one hath applyed himself to him he Commends the cause to the Judges as the case requires The Ceremony I mentioned of the Dukes instauration is the more considerable because it befalls him but once in his life But there is another which once a year he performs when he Espouses the Sea upon Ascension day which to see as well as the Carnaval is worth the curiosity of strangers for as one allows a great liberty of Mascarads and variety of sports so the other affords as curious a shew as can be seen The Duke attended by Ambassadours and by the Chief Nobles in a rich and stately Ship or Barge though indeed it is neither but of a singular making named Bucentoro attended by several thousands of Gondola's goes three or four miles out to Sea amongst the shooting of the Guns in the ships which are thereabouts and the sounding of Trumpets he casts a Ring into the Sea and pronounces these Italian words Io ti sposo in Segno di Dominio I Espouse thee in token of my Dominion over thee this he doth in the name of the Republick which by a grant of Pope Alexander the third thereby expressing his Obligation to her for her assistance against the Emperour Frederick Barbarossa with the approbation of all Italian Princes and States and of several parts of Europe and by a long successive possession hath the Royalty of the Adriatick Sea or gulf of Venice which hitherto the Republick hath stoutly secured from Turks and Pyrates Having mentioned the Carnaval I must explain what it is At a certain time of the year immediately before Lent about Shrove-Tuesday but some dayes sooner according to the new Stile Roman Catholicks do observe a custome which they received from Heathens which is to pass that time with all the mirth and sports they can conceive glutting themselves with pleasures before they enter into Lent which they account to be a time of
severity and rigidness of parents and husband to their daughters and wives who are deprived of an honest liberty so that that upon occasion they pass from one extream to another and they think they may allow themselves a licentiousness because they are deprived of a lawful liberty Nitimur in vetitum is a true and a common saying People long after and are greedy of that which is forbidden being perswaded that stollen waters of pleasures are sweet they watch opportunities to come by it A horse who hath liberty to go from the stable to the water and thence to run up and down the grounds is not so wild nor so hard to be come by as one which is constantly tyed in a stable and under bridle and curb if once he slips out of the Grooms hand So it is of men and women who are kept under too severe a guard if once they break loose they will not easily come in again And comparing both their conditions the bitterness of the former adds much to the sweetness of the latter which the more they like the longer they are willing to enjoy doubting whether ever hereafter they shall have any such opportunities and therefore the more loath they are to return home to be again under a restraint Another cause of this miscarriage of Venetian women I cal all thosel so who live in Venice for otherwise there are many in it from other parts of Italy and several of Candia and other Greek women is the inticements of the place especially the suggestions and company of some subtle cunning persons both of men women who have by a constant practise attained to such an Art of insinuating themselves that as soon as they have access to a woman with their pestilentious breath they will blast any thing of honesty or chastity that was in them Such a one hath been that great Ruffiano who dyed not long since named Paola Gemma who in his life time had seduced almost as many women as he had hairs on his head whose words were so powerfully destructive that it is thought in Venice the man never spoke twice to a woman but she yielded to his temptation he used so much to press things upon them upon the grounds of interest pleasure and other plausible and specious pretences and reasons and that in so eloquent and pathetick away acting sometimes the part of a Confessour of a Preacher and of an Oratour in his Threatnings Admonitions Perswasions Commendations inticements that 't is to be wondered at the Senates who knew well how dangerous a man this was suffering of him were it not that by report some of them made use of him Something else of this nature I shall say anon but before I must continue my enumeration of the Courts of Justice The Signori alla dogana di mare of the Custom-house about the Sea do take care that none of the Gallies of the Republick or any other particular ship do bring in any wares or unload them till first of all the Custom-house be satisfied The Lords alla Pace are Judges over all those who fight wound or who revile one another with injurious expressions Those Della Giustitia vecchia do punish them who falsifie weights scales measures and the like they set a rate on fruits In this Office are registred all those who take a Salary to serve in shops and all manner of Trades are under the jurisdiction of this Court by which the signs of shops must be approved of The Consâ—li di Mercanti the Consuls of Merchants have a jurisdiction over matters of Merchandise and the cognizance of faults committed by Merchants and matters of pawns they take Oath from those who owe monies or bail to avoid being put into prison cause those who are fled to be proclaimed to appear if not they sell their goods and pay the Creditours The Lords delle Pompe look that sumptuary Lawes be put in execution concerning cloathes and diet and also they oversee the Cortisans Those Alla Favina are over the Ware-houses and Rialto or matters of Trade and Exchange they hear all difficulties arising about the same and keep by them the keyes of the place The Governatori dell ' Entrate take care of Taxes and Tithes and punish the faults of Officers belonging to the Custom-house The Signori suprd datii over customes farmes and gabels find out all those who are endebted for the same and see the Laws about it put in execution Those Suprà la Giustitia Nuova take care over Inns Taverns and over those who let out Lodgings and keep Pensions or Ordinaries they get the custome due for Wines sold by Retaile and they oversee Magazines The Sette Savi receive Appeals from the Giustitia Nuova whereof they regulate the Offices and make provisions for the Magazines The Signori all Sale about Salt let out the Farmes and Customes of the Salt of Venice as of all the Dominions of it and are constituted Judges over all businesses concerning Salt Those Supra i Canti over the Accounts have right and power to force those who owe monies to the Republick for what thing soever to pay it So they have authority over ships and gallies The Providitori di Commune take care that ships be built great according to their proportion and that there be no alteration when once they are built they take care of the Streets and cause the City Bridges to be repaired they are also Overseers of the Traghetti or passages over those Channels which run through every street The Lords Suprd le Camere that is of the Office of the Chamberlains of every City do receive the publick monies which come from the Chamberlains Office of every such City Those delli dieci Officii do gather or cause Collection to be made of the monies raised by the Custom-houses upon Land or Sea Commodities they do the like in point of hire of the great Gallies Those all' Arende do exact from debtors to the State those monies which remain due by them upon the account of Taxes and Tythes The Dieci Savi do examine whether these Tythes be laid even and equal and upon just grounds and whether there be any fraud or deceit in it The Lords Alle Raggioni Nuove do let out farmes and customes and they make twenty four chief partners who dividing amongst themselves the shares or parts they make a Body and a Society to make good to the Republick the monies promised for such a Farme and Customes And this Office constrains those who owe monies upon that account that is as they are of the twenty four upon whom also they may lay penalties Those Alle Raggioni Vecchie in the name of the Republick do defray the charges of Princes and Ambassa dours whom the Republick receives of which they keep an account Those suprà il datio del ' vino over the Wine-Customes do judge matters concerning the same let them come either by Land or by Sea to the City