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
THE COMMON-WEALTH AND Gouernment of VENICE WRITTEN BY THE Cardinall Gasper Contareno and translated out of Italian into English by Lewes Lewkenor Esquire Nel piu bel vedere cieco VVith sundry other Collections annexed by the Translator for the more cleere and exact satisfaction of the Reader With a short Chronicle in the end of the liues and raignes of the Venetian Dukes from the very beginninges of their Citie LONDON Imprinted by Iohn Windet for Edmund Mattes and are to be sold at his shop at the signe of the Hand and Plow in Fleetstreet 1599. To the right Honourable and most Vertuous Lady the Lady Anne Countesse of Warwicke I Am accused of presumption right excellent Lady by this noble Common-wealth which I heere present vnto you who gloriously shining in the cleere knowledge of her owne incomparable worthinesse doth like a beautifull virgine that seeing her faire picture foulely handled of an vnskilfull painter blush at the view of her wronged beauty and reproueth me for hauing with such feeble forces so farre presumed in the description of her rich and royall history a matter which the rarest forraine spirites of our time haue by their learned pens so highly enobled with such excellent art ornaments she wel knoweth the cleernes of your iudgement and therfore feareth bearing the burthen and blemishes of so great a weakenesse to approch the rayes of a censure so vndeceiueable and absolute I haue no shield nor excuse to oppose against this iust imputation but onely the defence of your Ladishippes fauours who though by former experience knowing my vnfitnesse for such a worke did neuerthelesse impose this taske vpon me Now therefore my humble request is that howsoeuer the vntuned harshnesse of my disioynted stile shall seeme vnpleasant in your eares yet that you will vouchsafe to be a gentle propitious defendresse to this renowned Commonwealth that nothing more desireth then to bee gracious in your sight and here frankely offreth vnto your view the naked full discouerie of her faire and be utifull lineaments not concealing any part of her rarest perfections Onely she humbly desireth that sithence it is her happe to bee brought into Englande she may haue free and quiet passage vnder your honourable safe conduct and protection for such is the generall loue and reuerence which the great worthinesse and integritie of your vnblemished life and your long constant continued course in the exercise of a spotlesse vertue hath vniuersally gained you that bearing with her the faire warrant of your so many waies enobled name she shall not need to feare any vnciuill or disgracious vsage no not of those whose minds are diseased with the greatest enuie Finally I beseech you good Madame not to measure my duetie towardes you by this meanes wherein I seeke to shew it for this I know to bee ordinary and vulgar and so farre from the satisfaction of mine owne mind as that I am in a manner therewith displeased but the other if euer your commandement opportunity of time and occasion or the vttermost strain of my inuention and indeauour giue me leaue shall discouer it selfe in a better proportion for I will neuer forget but still retaine engraued in the marble table of a thankefull memory besides the dutie our family oweth vnto that noble house wherein you matched the many fauours you haue done me in particular and he many wayes you haue sought to doe me good wherein though the violence of my own fortune hath stil encountred your enaeuor yet ther remaineth vnto me no small comfort withal I doe somewhat the better esteeme my selfe in that your Ladishippe whose iudgement wisedome and vertue passeth with such generall allowance hath deemed me worthy of your honourable good opinion and thereof hath made me assured by many most essentiall testimonies In conclusion Madam I will neuer cease to honour you and in the meane time humbly beseech you to accept in good part these the fruites of my extream idlenes the poore pledges of that duty which I would discharge towardes you in greater matters if I were able and for my part I will neuer cease to pray vnto the almighty to blesse you with honour and happines such as so great worthinesse and vertue deserueth Selsey this thirteenth of August 1598. Your Ladyshippes most faithfully to commaund LEWES LEWKENOR THe antique Babel Empresse of the East Vpreard her buildinges to the threatned skie And Second Babell tyrant of the West Her ayry Towers vpraised much more high But with the weight of their own surquedry They both are fallen that all the earth did feare And buried now in their own ashes ly Yet shewing by their heapes how great they were But in their place doth now a third appeare Fayre Venice flower of the last worlds delight And next to them in beauty draweth neare But farre exceedes in policie of right Yet not so fayre her buildinges to behold As Lewkenors stile that hath her beautie told Edw. Spencer FAyer mayden towne that in rich Thetis armes Hast still been fostered since thy first foundatiō Whose glorious beauty cals vnnumbred swarmes Of rarest spirits from each forrein natiō And yet sole wonder to all Europes eares Most louely Nimph that euer Neptune got In all this space of thirteene hundred yeares Thy virgins state ambition nere could blot Now I prognosticate thy ruinous case When thou shalt from thy Adriatique seas View in this Ocean Isle thy painted face In these pure colours coyest eyes to please Then gazing in thy shadowes peereles eye Enamour'd like Narcissus thou shalt dye I. Ashley VEnice inuincible the Adriatique wonder Admirde of all the world for power and glorie Whom no ambitious force could yet bring vnder Is here presented in her States rare storye Where all corrupt means to aspire are curbd And Officers for vertues worth elected The contrarie wherof hath much disturbd All states where the like cause is vnrespected A document that Iustice fortifies Each gouernment although in some thinges faultie And makes it dreadfull to the enuying eyes Of ill affecting foes and tyrants haulty Lewkenor whom armes and letters haue made knowen In this worke hath the fruits of either shewen Maur. Kiffen TI 's not affected grace or mockt disguise Assures a true returne from forren partes Trauell confounds the vaine confirmes the wise Leukenor liue thou esteemde for thy deserts While thy last trauels do thy first commend To straungers prou'd in them a gratefull frende And for thy absence to thy natiue clyme A welcome Venturer of rich priz'd time Henry Elmes To the Reader THough I haue been euer readier to wonder at the effect of things extraordinarily strange then wel prouided of iudgement to examine their causes subiecting sundrie times mine eares to the report of rare and vnusuall accidents with a greater bent of attention then perchaunce to a well tempered stayednes will seem conuenient yet mee thinketh that this humor of mine howsoeuer faulty is much more excusable then that contemptuous derision
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
expressed twelue of the fortie are chosen and the other eyght and twentie which remaine are put backe and forsaken These twelue agayne doe chuse The twelue chuse 25. fiue and twentie others of which euery one must haue eyght suffrages for vnder none may be chosen which being ended and done they presently sende worde thereof by a messenger to the Counsellors They if the season of the day serue doe call and assemble the Councell and in a manner as before those fiue and twentie also vnawares are assembled and gathered together The 25. reduced to nine and then the Councell being dismissed nine of them are by the same sort of lottery as before elected the rest do go their wayes These nine elect fortie fiue other citizens but no one of them vnlesse he haue 6. of The nine do elect 45. the nine suffrages which in the councell in like manner againe assembled are pronounced of the Secretarie The 45. reduced to 11. and so put into the closet These by the like manner of The 11. doe elect 41. who haue authoritie to choose the Duke lottery are reduced vnto eleuen who doe chuse one fortie of the chiefe and noblest Senators who so soone as they are pronounced doe presently withdraw themselues into a seuerall appointed roome and these haue authoritie to elect the Duke but so that there may not be by any meanes two of a kindred in the number of electors which is among the Venetians a perpetuall custome in all their offices Our ancestors being men most wise and vertuous The cause of this intricate proceeding in the Dukes election made choise of this strange and intricate proceeding to the ende the whole multitude might seeme to haue a part in this creation election of their prince For the electors of the first order are made by lotte of which all the citizens are capable next which they mingled election but in sort that election should exceede the lotterie because no man may receiue any fauour by the benefite of lottes vnlesse the same bee allowed and approued of the first order but in the next order they would not that chaunce or lot should haue any force at all because they thought it vnfit and full of inconueniences to commit the choice of those that were to be electors of their prince to the temerity and arbiterment of fortune in sort that neyther is the multitude wholly depriued of this authority neyther yet is the same committed to the wauering witte of the inconsiderate people among whom commonly a vaine opinion and vngrounded fauour may doe more then a setled iudgement of those that are wise and vertuous Besides the not knowing who they are that are to be electors of the prince but the determination of the whole depending vpon those that are fortunate in their lottes all aspiring pretensions and ambitions are thereby clearely cut off and taken away because it may easily come to passe that those with whom there is any practise entertained shall not haue any authoritie at all But to returne to the matter the manner of the sessions being in this sort accomplished the one and fortie electors of the prince immediately vpon their election without saluting or speaking to any man doe go into that Court in which the senate is accustomed to assemble where hearing diuine seruice which is celebrated with great solemnity deuotion laying their handes vpon the aultar they do promise with oath to God and to the commonwealth that they will chuse him for their Duke whome they shall esteeme to bee worthiest and of best desert as well in loue towards his countrey as in piety carefulnesse and prudence and then the priestes departing they onely are enclosed lockt within the Court alone without so much as a seruant suffred to be among them Then three of the eldest do sit down by at a certain table fitted for that purpose vpon the which there standeth a pot and euery elector writeth in a little scrol the name of him whom he thinketh fitte to bee created Duke which scrolles being first all well medled together are put into the potte of which one is taken out such as shall by chance come into the hand of him that taketh it forth The scroll being read hee whose name is therein contayned if he bee present as for the most parte it happeneth goeth presently out of the Court. Then if any shall thinke him to be a man vnfit or vncapable or vnworthy of so great a dignity or for any other cause shall not thinke his creation to bee for the good of the commonwealth he riseth vp and with an honest modestie speaketh his opinion declaring the cause why he thinketh it vnmeet that he should be chosen and created Duke when he hath ended his speech the partie is called in againe and the eldest in the company declareth the obiections made against him alwaies prouided that he neuer nameth the author thereof for they are all first bound by solemne oath to obserue perpetuall silence He on the other side excuseth and confuteth in the best sort he may the matters alleadged against him After which hee auoydeth the court againe then if the first or any other will charge him a fresh with any other matter it is in their libertie to doe it and he againe being called in hath libertie to aunswere in his iustification and so till the matter is by turne handled till his accusers be silent and haue nothing any farther to vrge against him Then at last go they to their lottes Somewhat before our time if the first had had 25. suffrages in his fauour then was there no farther reckoning made Andrea Gritti Duke of Venice of the rest but he was straight proclaimed for Duke but in our time in those sessions in which Andrea Gritti a most honourable Senator was proclaymed Duke this custome was altered For although none bee elected Prince vnlesse he haue fiue and twentie suffrages yet the matter consisteth not as before it did in him that first obtayneth that number but proceedeth still forward to the rest so that if any go beyond that number hee then is proclaymed Duke and not the former After the lottery is ended concerning him whose name was first drawen then is there an other scroll taken forth of the pot and all things concerning the same ordered in euery point as the former and so the thirde fourth finally all but if no one of the whole number haue in his fauour the complete summe of those suffrages then if the day be not too farre spent the sessions are once againe begun in the same manner as before and to the end that the expedition should be the greater it is not lawfull for any of the electors to depart thence neyther haue they liberty to speake with any stranger till fiue and twenty of them are agreed in the election of the Duke whom so soone as they haue named and chosen the Counsellors
of Theyras who presentlie doe condemne for false fryuolous impossible whatsoeuer is not within the narrow lymits of their own capacitie included therein to excuse their owne ignorance by the disgrace of a better experience for mine own part therefore though no mans conceipt weaker or vnapter to apprehend then mine yet I euer held it decent to yeeld a respectiue gesture and due reputation to him that vpon his owne Wise and discrere speech beautifieth the hearer and delighteth the speaker knowledge taketh vpon him to deliuer vnto the hearers matter mouing them to maruell and such as common experience sometimes fayleth to approue of which sort vnlesse the partialitie of my affection deceiue mee there is not any that doth more beautifie the speaker or delight the hearer then the description of forreine regions the manners customes of farre distant countries the diuetsitie of their complections humor diet and attire and such like other singularities especially if they come from the mouth of a wise and well speaking traueller to whose tongue I could willingly endure to haue mine eares enclined while he distilleth into them the sweet liquors that he hath industriously extracted out of the painefull fruits of his forrein trauell nothing is here farther from my meaning then those who hauing gotten a fonde affected phrase of speech or some conceited toyes in their habite would be accounted great trauellers because perchaunce they haue seene the clocke at Strasburge or can talke of Maddona Margaritas pantables such being seconded with no farther vertue might much better haue spent their time at home but I speake of the wiser sort who returning amended in knowledge and not corrupted in manners nor disguised in behauiour haue by well spending their time abroad enabled and made themselues fit to doe their countrie seruice when occasion requireth such in mine opinion are to bee esteemed if for nothing els yet in regard that neglecting nearer waies of gaine by which we see at home euen the meanest capacities do arise vnto wealth and credite they expose themselues to many daungers content themselues with all vnease runne through all difficulties subiect to reprehension and vncertaine of reward neither caring to please their bodyes nor to fill their purses so they may enrich their mindes with a perpetuall directed entent to their countries good of which sometimes they are but slenderly requited yea and oftentimes through enuie of their sufficiencie dâ—pressed and malitiously censured for the most part being vsed like whetstones who giuing edge to others are themselues still kept bare the cause whereof as I take it proceedeth through the miraculous fertilitie of this age wherein wee liue which bringeth soorth men so rarely qualified and of such ripe pregnant conceipts that they can gather out of their soft beds and full dishes at home better abilitie to iudge bolder audacity to speake and a quicker insight to discern and censure other mens sufficiences then others can in many yeares trauell abroad with many carefull thoughtes industrious penuries and paineful inconueniences belonging vnto that life attaine vnto it was not so in Homers time for he vnder the person of Vlisses indeuored to deseribe and patterne forth the most perfect and accomplished Gentleman of Greece hee did not praise him for the nimblenesse of his tongue the gainesse of his cloathes nor the Vlisses praised by Homer for hauing seene many countries and the fashions of many men boldnesse of his face no nor for his superficiall smattering in many bookes but he said Multornm mores vidit vrbes making that the foundation whereupon to build the rest of his prayses in fine how succesles soeuer their vertuous endenours fall out there is no kind of people with whome I do willinglyer conuerse as being fruitfull and pleasing in their discourses so also through their acquaintance with the ciuilitie of other nations moderate and offenceles in their behauiour of which sorte it hath been my happinesse to be beholding to many of sundry nations for their friendly conuersation who neuer were so willing at any time to speake as I euer was ready to receiue their discourses with an attentiue eare wherein I alwaies especially obserued one thing that whether they with whom I conferred were Englishmen French men Spaniards Germains Polonians yea or Italians borne in the bordering prouinces as of each sort I haue beene acquainted with many though sundrie of them had been in the farthest parts of Asia and Affrica yet comming once to speake of the cittie of Venice they would inforce their speech to the highest of all admiration as being a thing of the greatest worthinesse and most infinitely remarkable that they had seen in the whole course of their trauels Some of the youthfuller sort would extoll to the skies their humanitie towardes straungers the delicacie of their entertainments the beauty pomp daintines of their women finally the infinite superflutties of all pleasure and delightes Other of a grauer humor would dilate of the greatnes of their Empire the grauitie of their prince the maiesty of their Senate the vnuiolablenes of their lawes their zeale in religioÌ„ and lastly their moderation and equitie wherewith they gouerne such subiected prouinces as are vnder their dominion binding them therby in a faster bonde of obedience then all the cytadels garrisons or whatsoeuer other tyrannicall inuentions could euer haue brought them vnto These and such like reportes haue from time to time kindled within me so greate a desire to acquaint myselfe with the particularities of this famous Cittie that though during the time of my trauell destinate to more vnhappy courses I was not so fortunate as to bee a beholder of the glorie thereof yet I haue not omitted from time to time to gather such obseruations as well by reading the best and choicest authors entreating there of as also by conference with sundry wel experienced gentlemeÌ„ as might not onely satisfie the curiositie of my own desire but also deliuer vnto other a cleare and exact knowledge of euery particularitie worthy of note that thereunto appartaineth which cannot as I imagine the noblenesse of the subiect considered but bee All other excellent gouernments comprehended within that of Venice pleasing and agreeable to the best conceipted spirits who may out of this one commonwelth of Venice gather and comprehend the fruite of all whatsoeuer other gouernments throughout the world that are of any same or excellency for in the person of the Venetian prince who sitting at the helme of this citie shineth in all exterior ornamentes of royall dignitie neuerthelesse both he and his authority being wholy subiected to the lawes they may see a straunge and vnusuall forme of a most excellent Monarchie Then what more perfect and liuely pattern of a well ordered Aristocraticall gouernment can there in the worlde bee expressed then that of their Councell of Pregati or Senators which being the onely chiefe and principall members of all supreame power yet haue not any
ariuall at Venice the beautie and magnificence thereof were stricken with so great an admiration and amazement that they woulde and that with open mouth confesse neuer any thing which beforetime they had seene to be thereunto comparable either in glory or goodlinesse Yet was not euery one of thē possessed with the like wonder of one same particular thing for to some it seemed a matter of infinit maruaile and scarcely credible to behold so vnmeasurable a The causes of their admiration diuers quantity of all sorts of marchandise to be brought out of all realmes and countries into this Citie and hence againe to be conueyed into so many straunge and far distant nations both by land and sea Others exceedingly admired the wonderful concourse of strange and forraine people yea of the farthest and the remotest nations as though the City of Venice onely were a common and generall market to the whole world Others were astonished at the greatnesse of the empire thereunto belonging and the mightinesse of their state both by land and sea but the greater part of the most wise and iudiciall sort were rather in themselues confounded with amazement at the new and strange manner of the situation of this Citie so fitte and conuenient for all thinges that it seemed vnto them a thing rather framed by the hands of the immortall Gods then any way by the arte industry or inuention of men And for this onely cause deemed the Citie of Venice to excell all those that in this age are to be found or at any time euer were Neither altogether without reason for surely if you looke into former ages likewise into this wherein we liue you shall hardly find any cittie comparable with this of ours eyther for greatnes of Empire frequencie of people or aboundance and magnificence of thinges But No city eyther now or in any other age cōparable in all points with the citie of Venice especially for situation neuer was there since the memorie of men any citie seated in so opportune a place so secure and exceeding the beliefe of men Some in building of Cities imagined they had well and sufficiently done if they had chosen a place hard of accesse or difficult for their enemies to besiege or assault the same whereby it commeth that sundry Citties are seated on the toppes of high hilles with sharpe and vneasie passages or else in moorish and fennish places some again for other diuers respects haue imagined nothing to be preferred before an apt and commodious seate fitte to conuoy in and out all such thinges as appertaine to the making of a Cittie plentifull and magnificent aswell in matters of necessitie as delicacie Of which both points ioyntly you shall find few that haue beene carefull fewer that haue attempted it but vnlesse I be deceiued neuer any one that hath in all points accomplished it But the situation of Venice being rather to be attributed to some diuine prouidence then to any humane industry is beyond the beliefe of all those that haue not seene this cittie not onely most safe and secure both by land and sea from all violence but also in the highest degree opportune commodious to the aboundance of all thinges that are behoouefull to the citizens as also for traffique of all sortes of marchandise in manner with all nations of the worlde The situation of the citie of Venice For it is seated in a remote and secrete place of the Adriatike sea where on that side where the sea beholdeth the continent there are mightie great lakes fortified with an admirable artifice of nature For twelue miles off from the continent the sea beginneth to be shallow and among those flats lakes there ariseth vp a shore or banke like vnto a hill which seruing as a fortresse against the waues violences of the sea maketh all the inwarde harbor being very wide spacious so secure that not onely the vehemence of the sea when through the rage of any tempest it ariseth is repressed and kept backe but also the ships that arriue are debarred of free and easie entrance in so much that if they be not of very light burthen they are forced to cast anker at the mouth of the passages or entries and thence when the weather is calme and quiet being guided by skilfull pilots or rather by certaine particular men experimented in those shallowes and channels they may at length come vnto the cittie by a narrow crooked and intricate way where the water is of greater depth the same in a manner euery day altering and chaunging according to the tides of the sea The banke which ariseth behind these shallowes reacheth almost threescore miles and incloseth the lakes within Neuerthelesse the same is not so entire but that there is a rupture in seuen places thereof which maketh an entry to the roade within and it is six miles off from the Continent In this manner therefore are the lakes of the Citie of Venice inclosed partly with firme ground partly with Ryalta this banke and shallowes in middle of the which in that place which of our auncestors was called Rialta and as yet retaineth the name was the Citie of Venice builded at such time as the Hunnes vnder the conduct The cause of the first building of the City of Venice of Atyla did spoile with fire and sword the territory of Venetia a noble prouince of Italie which bordered vpon those lakes in which calamitous time the citizens of Padua of Aquilea of VderZo of Concordia and of Altina being all faire and goodly cities of Venetia such of them as were chiefe in riches and nobility did first get themselues with their families into certaine Ilands or rather little hilles which did appeare out somewhat aboue the sea and there built them places of abode in which as in a secure hauen they auoyded the ragefull tempest of the Hunnes There were likewise in that troublesome season certain castles built vpon the banke of which I made mention to which the inhabitantes of that coast repaired leaning their ancient homes spoyled and ruined by the Hunnes seeking there a safe abode for their wiues and children and as I may say for their houshold Gods Afterwards in the times of the kings Charles and Pepin all such as scatteringly inhabited these places by common consent retyred themselues vnto the Ryalta as into a place of greater security much more commocious then any of the rest so that in the end by the concourse of such as coulde auoide the ruines of Italy wrought by the cruelty of barbarous nations Venice by degrees augmented it selfe into that greatnesse in which we now do see it It is manifest therefore that the seat of this Citie must needes bee exceedingly secure in regarde that the first building thereof was vndertaken by men who to auoid the calamities of Italy in midst of so great a miserie remained there in most sound and quiet safetie with their Venice hath
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
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
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
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
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